HomeMy Public PortalAbout2014-11-17 Special Town Mtg Report Special Town Meeting-November 17, 2014
Report of the
Speci 1 Town Meeting
November 17, 2014
In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook
Cafetd:ium on Monday, November 17th, 2014.
The meting was called to order at 7:00pm by the Moderator, Stephen L. Doyle.
The Town Meeting Clerks were Joan Scheffer, Maureen Steinmann, Joan Carstanjen, Mary
Meyers, Dorothy Leone, Cynthia Mathison, Edward Swiniarski, David Lahive, David
Whitny, Thaddeus Nabywaniec, Francis Smith, and Jayanne Sci, Assistant Town Clerk.
A quol7Um was present with 582 of 7790 registered voters. 8%
UNPAID BILLS
ARTI((,LLE NO. 1: To see if the Town will vote to transfer from available funds a sum
of money to pay bills incurred but unpaid during a previous fiscal year, or to take any other
action relative thereto.
a Poland Springs $123.00
b Airgas USA, LLC $23.00
c Corp Brothers, LLC $27.00
d Mayflower Glass Company, Inc. $303.00
e Aramark Uniform Services $118.00
f Rite Aid $100.00
g Perkins Paper, LLC 275.00
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h Grainger 72.00
Grand-total $1,041.00
or to take any other action relative thereto.
(Nine-tenth Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 1 as printed in the warrant
and tip transfer the sums of $694.00 from the Ambulance Receipts Reserved for
Appro riation account and $347.00 from the Golf Receipts Reserved for
Appro riation account for these purposes.
ACTION: Adopted Unanimously
BUDGETARY TRANSFERS
ARTI E NO. 2: To see if the Town will vote to transfer from available funds in
some departments an amount of money to be used in conjunction with funds appropriated
under current fiscal year budgets to pay shortfalls that would otherwise exist in the Fiscal
Year 2915 Budget of other departments, as follows:
a Unclassified/Utilities $76,418.00
b Board of Selectmen Printing Expense $2,000.00
c Tarn Hall Maintenance Expenses for Elevator Repair $4,300.00
Grand-total $82,718.00
or to t4ke any other action relative thereto.
(Majorty Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 2 as printed in the warrant
and tt transfer the sum of $82,718.00 from Free Cash for these purposes.
ACTON: Adopted Unanimously
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Special Town Meeting-November 17, 2014
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 3: To see if the Town will vote to raise and appropriate, transfer from
available funds and/or borrow a sum of money for the purpose of funding the following
capital acquisitions and special project expenditures, to be undertaken during Fiscal Year
2015, 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: Re.uest Totals
a. Veteran's Memorial Expense $5,000.00
b. Town Facilities Security Enhancement Project $108,413.00
c. Technology Project $50,000.00
d. Integrated Water Resources Management Planning Project $40,000.00
e. All Citizens Access Projects $7,890.00
f. Planning Data Survey Expense $10,000.00
rg. Council on Aging Transportation Van $40,000.00
h. Local Video Return and Data Network Project $161,358.00
i. Town Buildings Repair Projects $9,755.00
j. Library Parking Lot Design Expense $11,500.00
k. Recruitment Professional Services $20,000.00
1. Council on Aging/Community Center Feasibility $35,000.00
Needs Assessment Study
Sub-total $498,916.00
2. Fire Department:
a. Ambulance Lease Payment $25,000.00
b. Apparatus Lease Expense $108,000.00
c. Dispatch Services Expense $35,000.00
d. Rescue Services Expense $17,000.00
e. Self-Contained Breathing Apparatus Equipment Lease $30,000.00
Payment Expense
f. Nozzles, Appliances, Miscellaneous Fire Equipment $15,000.00
g. Personal Protective Equipment Expense $15,000.00
h. Radio Communications Equipment Expense $30,000.00
i. Airbag Replacement Program $20,000.00
j. Fire Station Maintenance and Repairs $10,000.00
k. Assistance to Firefighters Grant Program (Local/Regional $40,000.00
Grants)
Sub-total $345,000.00
3. Department of Public Works:
a. Road/Drainage Repairs $125,000.00
b. Beach Sand and Beach Reclamation Materials $20,000.00
c. Landfill Monitoring Expense $6,000.00
d. Truck Replacement (H-8/2006) $70,000.00
e. Open Top Containers (2 units) $13,000.00
f. Closed Top Containers (4 units) $29,650.00
g. Container Compacting Equipment (2 units) $45,900.00
h. Guard Rail Replacement Program $20,000.00
i. Tree Maintenances Services $20,000.00
Sub-total $349,550.00
4. Police Department:
a. Police Vehicle Replacement $35,500.00
b. Restraint Equipment $3,000.00
Sub-total $38,500.00
5. Golf Department:
a. Lightning Warning System $20,240.00
b. Workman Utility Vehicles Lease (4 units) $22,000.00
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Special Town Meeting-November 17, 2014
c. Rough Mowers (2 units) $27,000.00
d. Sidewinder Rough Mower $7,000.00
e. Verticut Reels $8,000.00
Sub-total $84,240.00
6. Natural Resources Department:
a. Conservation Buildings Maintenance $10,000.00
b. Trail, Park and Landing Management Expenses $10,000.00
c. Breakwater Beach Parking Lot Reconstruction Project $10,000.00
d. Town Beaches & Landing Sign Project $4,000.00
e. Millsites Building Repair Project $27,000.00
Sub-total $61,000.00
7. El Imentary School Department:
a. Stony Brook Café Door Replacement Projects $25,000.00
b. Stony Brook Window Blinds Replacement Project $10,000.00
c. Stony Brook School Building Window Design Services $8,000.00
d. Technology Project $30,000.00
Sub-total $73,000.00
8. La ies Library,
a. Technology Project $10,000.00
Sub-total $10,000.00
9. Water Department:
a. Well No. 6 Debt Payment $17,015.00
Sub-total $17,015.00
Grand Total $1,477,221.00
or to take any other action relative thereto.
(Two-thl irds Vote Required) (Board of Selectmen)
MOTI N: I move that the Town approves Article No. 3 as printed warrant;
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appro riates the total sum of $1,477,221.00 to pay costs of the various capital
acquisitions and special project expenditures set forth therein, to be undertaken
during Fiscal Year 2015, including the payment of all costs incidental and related
thereto; authorizes 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; that to meet that appropriation (i) the Treasurer, with the approval
of the Board of Selectmen, is authorized to borrow $144,550 for items 3(e), (f) & (g)
and 5'(b), (c) and (d) of said Article No. 3 under and pursuant to Chapter 44 of the
General Laws and/or any other enabling authority and to issue bonds or notes of the
Town therefor, provided that the amount of notes or bonds issued hereunder shall be
reduced by the amount of any gifts, grants or any other money received by the Town
(including, without limitation the proceeds of the disposition of old equipment or
vehicles referred to above) on account of such capital expenditures before the sale of
such notes or bonds and (ii) the Town is authorized to make the following transfers:
• ti1791,058.00 from Free Cash,
• $17,015.00 from the Water Surplus account,
• 335,000.00 from the Ambulance Receipts Reserved for Appropriation account,
• 141,499.00 from article no. 4 (Cable Franchise Fee account) of the November
3, 2013 Special Town Meeting,
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Special Town Meeting-November 17, 2014
• $19,859.00 from article no. 13 (Cable Franchise Fee account) of the May 5,
2013 Annual Town Meeting,
• $28,240.00 from the Golf Receipts Reserved for Appropriation account,
ACTION: Adopted
SPECIAL REVENUE FUND/Cable Franchise Fee Account
ARTICLE NO. 4: To see if the Town will vote to transfer the sum of ONE HUNDRED
FORTY NINE THOUSAND SEVEN HUNDRED SIXTY FOUR AND 00/100 DOLLARS
($149,764.00) from the Cable Franchise Fee account for the 2015 fiscal year for local cable
television related purposes, including, but not limited to the general public purpose of
supporting and promoting public access to the Brewster cable television system; training in
the use of local access equipment and facilities; access to community, municipal and
educational meeting coverage; use and development of an institutional network and/or
municipal information facilities; contracting with local cable programming services
providers and/or any other appropriate cable related purposes, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 4 as printed in the warrant.
ACTION: Adopted
HOME HEATING ASSISTANCE
ARTICLE NO. 5: To see if the Town will vote to transfer from Free Cash the sum of
FOURTEEN THOUSAND AND 00/100 DOLLARS ($14,000.00) for the Lower Cape
Outreach Council, Inc. and to authorize the Board of Selectmen to enter into contracts with
this organization in order to provide fuel assistance services for residents of Brewster, or to
take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 5 as printed in the
warrant.
ACTION: Adopted Unanimously
SPECIAL LEGISLATION/Rooms Occupancy Tax
ARTICLE NO. 6: To see if the Town will vote to authorize the Board of Selectmen to
petition the General Court for special Home Rule legislation, as follows:
"Notwithstanding any general or special law to the contrary, the Town of Brewster
may impose a room occupancy tax, in addition to any such occupancy tax currently
allowed by law, on any vacation or leisure accommodation including, but not limited
to apartments, single or multi-family housing, cottages, condominiums and time
share units, as well as any other vacation or leisure accommodation not expressly
taxed pursuant to the provisions of General Laws, Chapter 64G, at the rate of 6% of
the total amount of the rate for each such occupancy. Vacation or leisure
accommodation is further defined to include only paid occupancy for a period of
ninety consecutive days or less, regardless of whether such use and possession is as
a lessee, tenant, guest or licensee, but excludes those accommodations specifically
exempted from General Laws, Chapter 64G, in Section 2 of that chapter."
and to state that the legislature may vary the form of the enactment in order to properly
achieve its objectives, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 6 as printed in the
warrant.
ACTION: Adopted; Yes: 318 - No: 211
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Special Town Meeting-November 17, 2014
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INSURANCE RESERVE FUND for PUBLIC SAFETY EMPLOYEES
ARTIC E NO. 7: To see if the Town will vote to appropriate a sum of money to add
to the own's insurance fund to pay workers' compensation under Section 13A of Chapter
40 of e General Laws, and to transfer from Free Cash the sum of TWENTY THOUSAND
AND 00/100 DOLLARS ($20,000.00) for this purpose, or to take any other action relative
thereto,
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 7 as printed in the
warrant.
ACTION: Adopted
TRI-TOWN SEPTAGE TREATMENT PLANT
ARTICLE NO. 8: To see if the Town will vote to transfer the sums of ONE HUNDRED
THOUSAND AND 00/100 DOLLARS ($100,000.00) DOLLARS from Free Cash and, to
expend such funds on costs associated with the engineering, design, operation, repair and
maintc,'nance of the Tri-Town Septage Treatment Facility for the remaining term of the
IntermUnicipal Agreement between the Towns of Orleans, Brewster and Eastham for the
Construction, Management, and Operation of a Septage Treatment Facility; and,
alternatively, to expend such funds on costs associated with the engineering, design and
demolition of said Facility upon the final expiration of said Agreement; and to authorize the
Board of Managers, with the permission of the Board of Selectmen, to solicit bids and/or
proposals, enter into a contract or contracts, and to expend said funds for said purposes;
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTI N: I move that the town vote to approve article no. 8 as printed in the
warrait.
ACTION: Adopted Unanimously
LAND ACQUISITION / Community Preservation Act
ARTICLE NO. 9: To see if the Town will vote to authorize the Board of Selectmen to
acquire a parcel of vacant land designated on Brewster Assessors' Map 26 as Parcel 31,
located at 0 Main Street, in Brewster, Barnstable County, Massachusetts, consisting of
3.08 acres, more or less, and more accurately described in deeds recorded in the
Barnstable County Registry of Deeds in Deed Book 22866 Page 303, and shown as Parcel
2 on a plan of land entitled, "Plan of Land in Brewster, Massachusetts as surveyed and
prepared for Robert H. Cope, Jr. made by Bennett 86 O'Reilly, Inc. and Outermost Land
Survey, Inc., Scale 1" = 40', June 26, 2006" and recorded in the Barnstable County
Registry of Deeds in Plan Book 610 Page 25, a copy of which is on file with the Brewster
Town Clerk; to acquire said parcel by gift, purchase and/or eminent domain taking under
Massachusetts General Laws, Chapter 79, or any other enabling authority; to acquire said
land f` r conservation and passive recreation purposes for the general public, consistent
with the provisions of Mass. Gen. Laws, Ch. 40, §8C, 310 C.M.R. 22.00, and Article 97 of
the Afnendments to the Constitution of the Commonwealth of Massachusetts; to
appropriate the sum of FIVE HUNDRED THOUSAND AND 00/100 DOLLARS
($500,000.00) to pay costs of this acquisition, and all other costs incidental and related
thereto; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to
borros up to the sum of FIVE HUNDRED THOUSAND AND 00/100 DOLLARS
($500000.00) pursuant to the provisions of Massachusetts General Laws, Chapter 44,
Section 7(3) and Section 8C, and/or any other enabling authority, and to issue bonds
and/of notes of the Town therefor; to authorize the Town Treasurer to transfer from
available sums the sum of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00)
for the purpose of paying incidental and related costs, including costs for grant funding
applications and grant compliance, and the preparation, issuance and marketing of notes
and bonds issued hereunder and for paying interest on temporary notes issued in
anticipation thereof; to authorize the Board of Selectmen and the Conservation
Commission to apply for, accept and expend any funds which may be provided by the
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Special Town Meeting-November 17, 2014
Commonwealth or other public or private sources to defray a portion or all of the costs of
acquiring this property, including but not limited to funding under the Self-Help Act,
General Laws, Chapter 132A, Section 11 (now, so-called LAND grants), provided that the
amount of notes or bonds issued hereunder shall be reduced by the amount of any such
grants received or funds accepted prior to the sale of such notes or bonds; and further
provided that any such sums from non-municipal sources shall be deposited in the open
space account of the Community Preservation Fund; to authorize the Board of Selectmen
to grant to the Trustees of the Brewster Conservation Trust, a perpetual Conservation
Restriction on said premises pursuant to the provisions of General Laws, Chapter 184,
Sections 31 through 33, allowing the aforementioned uses, at the time of closing or within
a reasonable amount of time thereafter; and, to authorize the Conservation Commission
to assume the care, custody, control and management of the property; and to authorize
the Board of Selectmen and Conservation Commission to enter into all agreements and
execute any and all instruments as may be necessary on behalf of the municipality to
effect this purchase and obtain reimbursement funding; or to take any other action
relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
MOTION: I move that the Town acquire by gift, purchase and/or eminent domain
taking under Massachusetts General Laws, Chapter 79, or any other enabling
authority the parcel of vacant land described in Article No. 9 of the warrant; that the
Town acquire said land for conservation and passive recreation purposes for the
general public, consistent with the provisions of Mass. Gen. Laws, Ch. 40, §8C, 310
C.M.R. 22.00, and Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts; that the Town appropriates the sum of FIVE
HUNDRED THOUSAND AND 00/100 DOLLARS ($500,000.00) to pay costs of this
acquisition, and all other costs incidental and related thereto; that to meet this
appropriation, the Town authorizes the Treasurer, with the approval of the Board of
Selectmen, to borrow up to the sum of FIVE HUNDRED THOUSAND AND 00/100
DOLLARS ($500,000.00) pursuant to the provisions of Massachusetts General Laws,
Chapter 44, Section 7(3) and Section 8C, and/or any other enabling authority, and to
issue bonds and/or notes of the Town therefor; that the Town authorizes the Town
Treasurer to transfer from the Fund Balance Reserved for Open Space the sum of
TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) for the purpose of paying sr
incidental and related costs, including costs for grant funding applications and grant
compliance, and the preparation, issuance and marketing of notes and bonds issued
hereunder and for paying interest on temporary notes issued in anticipation thereof;
that the Town authorizes the Board of Selectmen and the Conservation Commission
to apply for, accept and expend any funds which may be provided by the
Commonwealth or other public or private sources to defray a portion or all of the
costs of acquiring this property, including but not limited to funding under the Self-
Help Act, General Laws, Chapter 132A, Section 11 (now, so-called LAND grants),
provided that the amount of notes or bonds issued hereunder shall be reduced by the
amount of any such grants received or funds accepted prior to the sale of such notes
or bonds; and further provided that any such sums from non-municipal sources shall
be deposited in the open space account of the Community Preservation Fund; that
the Town authorizes the Board of Selectmen to grant to the Trustees of the Brewster
Conservation Trust, a perpetual Conservation Restriction on said premises pursuant
to the provisions of General Laws, Chapter 184, Sections 31 through 33, allowing the
aforementioned uses, at the time of closing or within a reasonable amount of time
thereafter; and, to authorize the Conservation Commission to assume the care,
custody, control and management of the property; and that the Town authorizes the
Board of Selectmen and Conservation Commission to enter into all agreements and
execute any and all instruments as may be necessary on behalf of the municipality to
effect this purchase and obtain reimbursement funding.
ACTION: Adopted
ZONING MAP AMENDMENT/East Brewster Village Business District
ARTICLE NO 10: To see if the Town will vote to amend the Town of Brewster Zoning
Bylaw, Chapter 179, Section 179-3, Districts Enumerated, Subsection C, Village Business
District, and Section 179-4, Zoning Map Established, by amending the Zoning Map to
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Special Town Meeting-November 17, 2014
convert certain portions of the Village Business District to Commercial High Density
District, all as shown on the sketch entitled "Article 10 - Zoning Map Amendment: East
Brewster Village Business District" a copy of which is on file with the Brewster Town Clerk,
and by further amending Section 179-3C to add the following language:
For th? Village Business (VB) zoning district at the eastern end of Main Street at the
Brews er/Orleans line:
A. etain the area from the center line of Main Street to the south as a Village Business
istrict with the same boundaries as the existing district.
B. For the area from the center line of Main Street starting at the Orleans line, a
Commercial High Density (CH) zoning district will be created by a new line to be
drawn:
. North for 400 feet, turning west and running 650 feet to the centerline of the
north/south portion of Southern Eagle Cartway.
. Turning south along the north/south centerline of Southern Eagle Cartway to a
point 220 feet to the south.
. Turning west and running parallel to Main Street 210 feet.
4. Turning north to the centerline of the east/west portion of Southern Eagle
Cartway. Continuing west to the centerline of Eldridge Road.
$. Turning north for 110 feet along the centerline of Eldridge Road. Turning west
225 feet, and turning south to the centerline of Main Street.
6. Turning east along the center line of Main Street to the Orleans line.
C. he parcel currently known as 27 Southern Eagle Cartway (Assessor's Map 138 Lot
8) will become Residential Medium Density (RM).
or to t*ke any other action relative thereto.
(Two-thirds Vote Required) (Planning Board)
MOTI N: I move that the town vote to approve article no. 10 as printed in the
warra t.
ACTI N: Defeated; Yes: 153 - No: 357
TOWN CODE AMENDMENT/Control of Fertilizer Nutrient
ARTICLE NO. 11: To see if the Town will vote to adopt Chapter 119, "Fertilizer Nutrient
Control" as a new section of the Code of the Town of Brewster as follows:
§119-J.. Findings
The Town of Brewster herein makes the following findings:
A. There is sufficient scientific evidence demonstrating that excessive nutrient
Onrichment of the region's water resources can have numerous, significant negative
impacts;
B. Public health risks from excessive loading of nutrients to water resources may
include direct detrimental effects on drinking water sources by increased
concentrations of nitrates that can violate Safe Drinking Water Standards;
C. egradation of the quality of water resources can have significant negative impacts to
he local and regional economy, and the fiscal well-being of the Town.
D. 'the Town has significant amounts of glacially deposited coarse, sandy soils that are
4ubject to rapid water infiltration, percolation, and leaching of nutrients.
E. The Town's soil characteristics mean that agronomic practices of soil fertilization
common in other parts of the region, state and country may not always apply in the
Town, as these practices vary by soil type.
F. Scientific literature demonstrates that a significant potential source of nutrient
loading to water resources is from inappropriate and/or improper use of turf
Fertilizer.
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§119-2. Purposes
It is the overarching goal of the Town of Brewster to provide a regulatory framework that
results in the planting and maintenance of minimally managed turf areas. Consistent with
this goal, and based on the findings provided in §119-1, the Town provides this By-Law to
achieve the following purposes.
A. To ensure application of fertilizer shall be performed in a manner consistent with
Best Management Practices (BMP's), which from time to time may undergo changes
in response to scientific research.
B. To provide a legal mechanism for enforcement against the inappropriate and/or
improper use of fertilizer.
C. To incorporate, by reference, the University of Massachusetts Extension's Turf
Management BMP's as the primary standard for the content and application practices
related to turf fertilizer;
D. To provide a regulatory tool that will help Brewster to achieve compliance with the
Total Daily Maximum Loads (TMDL) for the Town's water resources prescribed by the
Commonwealth of Massachusetts.
E. To provide standards that will allow reasonable use of fertilizers for the enhancement
and maintenance of turf quality.
F. To conserve valuable waterways and other resources that increase property values,
protect the unique environment vital to our economy, and reduce the financial
burden on taxpayers and property owners by regulating the outdoor application of
nitrogen on turf.
G. To help achieve the goals of the Brewster Water Protection DCPC, the Cape-Wide
Fertilizer Management DCPC, and the Local Comprehensive Plan.
§119-3. Authority
This By-law is adopted by the Town of Brewster as Implementing Regulations pursuant to
and as authorized by the Fertilizer Management District of Critical Planning Concern
designation, Barnstable County Ordinance 13-07, and by Section 9 of Chapter 262 of the
Acts of 2012.
§119-4. Applicability
A. This By-law shall apply to and regulate any and all applications of nitrogen through
fertilizer on managed turf areas within the Town of Brewster.
B. Applications of fertilizer for agriculture and horticulture uses are exempt from the
provision of this by-law as they are regulated by the MDAR Fertilizer Regulations.
C. Applications of fertilizer to vegetated areas that do not include managed turf areas
are not subject to the provisions of this By-Law as they are regulated by the MDAR
Fertilizer Regulations.
§119-5. Definitions
For the purposes of this article, the following terms are defined as provided below:
"Agriculture/Agricultural Use" includes farming in all its branches, generally as the
cultivation and tillage of the soil, dairying, the production, cultivation, growing and
harvesting of any agricultural, floricultural, viticultural or horticultural commodities, and
shellfishing, including preparations and delivery to storage or to market or to carriers for
transportation to market.
"Best Management Practices" (BMP), means a sequence of activities designed to limit a
nonpoint pollution source. For the purposes of this By-law, BMP means the "Best
Management Practices for Soil and Nutrient Management in Turf Systems," prepared by
University of Massachusetts Extension, Center for Agriculture, Turf Program. The version of
this document that applies to this By-Law shall be that which was most recent at the time
of the adoption of this By-Law or any subsequent versions that are adopted as an
amendment to this By-Law through a majority vote at Town Meeting.
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"Comb nation Products," sometimes known as "Weed and Feed," means any product that,
in combination with fertilizer, contains pre- or post-emergence herbicides, insecticides
other Pesticides or plant growth regulators.
"Compost" or "Organic Compost" means the biologically stable, humus-like material derived
from composting or the aerobic, thermophilic decomposition of organic matter.
"Enforcement Authority" means the party designated by the Board of Selectmen to oversee
and enforce the provisions of this By-Law
"Fertilizer" means a substance that enriches the soil with elements essential for plant
growth, such as nitrogen, phosphorus, potassium or other substances; fertilizer does not
include those nutrients that are normally excluded from fertilizer such as chemicals that
are part of horticultural gypsum, dolomite, limestone, lime, Jersey greensand, grass
clippings, or compost topdressing.
"Fertill1zer Applicator" means any person who applies fertilizer to turf and soils.
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"Heavy rain" is a rainfall greater than 0.25 inches per hour during a given 24-hour period
or a rainfall of greater than one inch total in the next 24 hour period.
"Impervious Surface" means any structure, surface, or improvement that reduces or
prevents absorption of storm water into land, and includes concrete, asphalt, paver blocks,
gravel, decks, patios, elevated structures, and other similar structures, surfaces, or
improvements.
"Landscape Professional" means a person, either as a sole proprietor or as part of a
company, who, in exchange for money, goods, services, or other consideration, performs
landscaping services. A landscape professional can include turf management staff at a
private golf course operation or other private entity.
"Managed Turf Area" means an area of turf that is periodically maintained through mowing,
fertilizing, aerating, irrigation or other similar activities designed to maintain or enhance
the helth, functionality and/or aesthetic appeal of the turf.
"MDAR Fertilizer Regulations" means the most recent regulations of the "Plant Nutrient
Application Requirements for Agricultural Land and Land Not Used for Agricultural
Purpo4es", developed by the Massachusetts Department of Agricultural Resources (MDAR)
pursu4nt to its authority under G.L. c. 128, Sections 2(k) and Section 65(A), as amended by
St. 2012, c. 262. 330 CMR 31.00.
"Municipal Applicator" means a public employee of a town, the county, or the state or
federal government (or an employee of a department of and within such public entity) who
fertilizes and manages turf located on property owned or controlled by a town, the county,
the state or federal government (including publicly owned golf courses and athletic fields)
within''the scope of their official public employment responsibilities.
"Nitrogen" means an element essential to plant growth. For the purposes of the Bylaw,
nitrog n may be available as slow-release, controlled-release, timed-release, slowly
available, or water insoluble nitrogen, which means nitrogen in a form that delays its
availability for plant uptake and use after application and is not rapidly available to turf
and other plants; and/or quick-release, water-soluble nitrogen which means nitrogen in a
form that does not delay its availability for turf and other plant uptake and is rapidly
available for turf and other plant uptake and use after application.
"Nutrient" means any of the following 17 elements needed for growth of a plant; the three
(3) non-mineral elements: carbon, hydrogen, and oxygen; the six (6) macronutrients:
nitrog n, phosphorus, potassium, calcium, magnesium, and sulfur; and the eight (8)
micro utrients: boron, copper, iron, chloride, manganese, molybdenum, nickel and zinc.
"Saturated ground" means soil soaked with moisture so that it cannot absorb any more
liquid.
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Special Town Meeting-November 17, 2014
"Turf' means any non-crop land area that is covered by any grass species, excluding
meadows, grasslands, flower or vegetable gardens, pasture, hay land, trees, shrubs, turf
grown on turf farms or any form of agricultural production or use.
§119-6. Performance Standards for Fertilizer Application
All application of fertilizer to turf shall comply with the following standards:
A. The application of fertilizer containing nitrogen is prohibited between November 15
and April 15 unless specifically permitted by Enforcement Authority as set out below.
Based on early spring or fall weather conditions, soil temperature and degree of turf
emergence from dormancy, or other relevant condition, and using the guidelines of
the BMP, the Enforcement Authority may permit earlier or later application of
fertilizer containing nitrogen, in which case such extended period shall be announced
by notice or publication. A working group may be established by the Board of
Selectmen to assist in undertaking the duties referenced in this paragraph.
B. Nitrogen from any fertilizer application shall not be to applied to, or otherwise be
deposited on any impervious surface including parking lot, driveway, roadway,
sidewalk, frozen soil or ice. Any fertilizer applied, spilled, and/or deposited on any
impervious surface, either intentionally or accidentally, must be immediately and
completely removed and contained and either legally applied to turf or any other legal
site or returned to an appropriate container.
C. Fertilizer shall not be applied within 24 hours before or during a heavy rain event nor
shall fertilizer be applied onto saturated ground.
D. An application of fertilizer should be watered in with no more than one-quarter inch
(0.25 inch) of irrigation or natural rain within the 24-hour period following
application. Where irrigation systems are used, the volume and rate of irrigation
water applied shall be performed in a manner that reduces runoff to the greatest
extent practicable. Where an irrigation system uses sprinkler heads or other similar
spray devices, these devices shall direct irrigation water in a manner that reduces
runoff to the greatest extent practicable.
E. Unless the Town's existing Laws and Regulations, including its Wetland By-law or
Regulations, contain a stricter standard or other enforcement or approval mechanism
such as through the Town's Conservation Commission, which shall control, fertilizer
shall not be applied closer than 100 feet to any water-body, or within the Zone I of a
public drinking water well (as defined in 310 CMR 22.02), unless permission is
obtained through the Enforcement Authority set out in §119.6.A herein allowing such
activity;
F. Fertilizer that contains phosphorus, shall not be used unless a soil test taken not
more than three years before the proposed fertilizer application indicates that
additional phosphorus is needed for growth of that turf, or unless establishing new
turf or re-establishing or repairing turf after substantial damage or land disturbance,
in which case the application shall be in compliance with the BMP;
G. A single application of fertilizer that contains nitrogen shall not exceed 1.0 pound of
actual nitrogen per thousand square feet, shall consist of at least 20% slow-release
nitrogen fertilizer and the annual rate shall not exceed 2.0 pounds of actual nitrogen
per thousand square feet. Single applications shall be done at intervals of no less
than four weeks until the annual maximum is reached.
H. The fertilizer application requirements of this subsection shall apply with the same
limitations to combination products as defined by this By-Law.
§119-7. Non-Criminal Disposition
Whoever violates any provision of this Regulation may be penalized by a noncriminal
disposition process as provided in G.L. c.40, §21D and the Town's non-criminal disposition
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Special Town Meeting-November 17, 2014
by-law If noncriminal disposition is elected, then any person who violates any provision of
this Regulation shall be subject to a penalty in the amount of three hundred dollars
($300.00) per day for each day of violation, commencing ten days following day of receipt of
written notice from the Enforcement Authority. A warning in lieu of a fine or other
enforcement action for the first offense can be issued at the discretion of the Enforcement
Authority. Each day or portion thereof shall constitute a separate offense. If more than
one, e4ch condition violated shall constitute a separate offense.
$119-0. Other Remedies
The Enforcement Authority may enforce this By-Law or enjoin violations thereof through
any lawful process, and the election of one remedy by the Enforcement Authority shall not
preclude enforcement through any other lawful means.
$119-0• Education
A. The Town may rely on Cape Cod Cooperative Extension to assist in maintaining a
program of fertilizer and turf management education that is based on BMPs.
B. The Town may rely on Cape Cod Cooperative Extension to assist with or administer
.n assessment to determine an Applicator's proficiency of BMPs.
C. Fertilizer education may consist of, but is not limited to, collaboration with retailers
to post in-store information on town fertilizer regulations, the BMP requirements;
tfnailings and flyers for the general public concerning town fertilizer regulations, the
liMP requirements; and outreach to landscape professionals and Municipal
Applicators concerning fertilizer-related laws and the BMP requirements.
$119- O. Severability Clause
Should any Section, part or provision of this by-law be deemed invalid or unconstitutional,
such decision shall not affect the validity of the remaining terms of this by-law as a whole
or any part thereof, other than the Section, part or provision held invalid or
unconstitutional.
or take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 11 as printed in the
warrant, however that under section 119-4 (A) add the following phrase at the end of
the sentence:
"...wit the exception of public and private golf courses."
So that it reads:
This bT-law shall apply to and regulate any and all applications of nitrogen through
}
fertili,er on managed turf areas within the Town of Brewster with the exception of
public and private golf courses.
ACTION: Adopted
TOWN CODE AMENDMENT/ TEMPORARY ROAD REPAIR BYLAW
ARTICLE NO. 12: To see if the Town will vote to amend Article VIII of Chapter 157 of
the Cade of the Town of Brewster, as follows:
Curre*t language: (Amendments are bolded and underlined)
§ 157-20. Repair by Town.
A. In the event that a group of property owners who own property on a private road which
has been open for public use for at least five years wish the Town of Brewster to finance the
repair bf their private way, they shall engage an engineer experienced in road construction
and repair who shall survey the road in question to develop a plan for the repair of that
private road which shall take into consideration the need for additional drainage, new
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Special Town Meeting-November 17, 2014
berms, driveway aprons to protect the edges of the repaired road, the filling of existing
cracks and the application of one or more layers of bituminous concrete.
B. The plan shall specify the projected useful life of the repaired private way, and in no
event shall the projected useful life be less than 15 years. All costs of preparing the plan,
obtaining cost estimates and preparing the petition described below shall be the exclusive
responsibility of the petitioners.
C. After the plan has been prepared, the property owners' engineer shall secure at least
three bids from established contractors to complete the work outlined In the engineer's
plan. After receipt of the bids, the property owners shall prepare a petition to the Board of
Selectmen for the Town of Brewster to finance the work in an amount certain, including a
ten-percent contingency amount. The petition shall list the parcels by lot number and map
number together with the owners' names of record with a space for each owner to place his
or her signature. The petition must state that each signature represents an irrevocable
agreement by
each signatory to repay to the Town of Brewster, through the mechanism of a betterment
added to each owner's real estate tax bill, his or her pro-rata share of the total amount to
be financed plus interest and administrative costs, which Town administrative costs shall
not exceed 4% of the project. The petition shall not be presented to the Selectmen unless
50% of all the abutters to the road plus one more abutter shall have agreed to the project
and its financial commitment by having signed it.
D. The petition, accompanied by the engineer's plan, a map of the private way to be
repaired and backup for the cost estimates shall be submitted to the Selectmen's Office on
or before August 31 November 30. The Selectmen shall refer every such petition to the
Assessor's Office for verification of signatures and confirmation that more than 50% of
abutters have signed. The Selectmen shall consider all submitted petitions that pass the
Assessor's examination prior to September 30 December 31. If the Selectmen determine
that the proposed repairs are in the public interest and if the Selectmen determine that
these repairs are within the financial capability of the Town, the Board of Selectmen shall
refer each petition so determined to the Planning Board which shall conduct a public
hearing on each petition on or before November 15th February 28th to evaluate the plan,
examine the cost estimates and hear from both the abutters and the general public. The
Planning Board shall either endorse the plan by a simple majority vote and return it to the
Selectmen, recommend changes in costs or scope of the plan or disapprove the plan by a
simple majority vote.
E. If the Planning Board approves any such plan, the Board of Selectmen may place the
plan on the warrant for the next Annual Town Meeting. If the Planning Board suggests
modifications or changes in scope of costs, the Board of Selectmen may, at its option, send
out proxies to the abutters noting scope and cost changes or it may return the project to
the petitioners. If proxies are sent out, they must be returned by December 31 March 31 if
the project is to be considered at the Annual Town Meeting. If the proxies are returned by
December-34- March 31, the Selectmen may place the project on the Annual Town Meeting
Warrant, provided that more than 50% of the abutters approve the revisions. Long-term
financing may be issued for said project by the Town for up to a fifteen-year period.
[Amended 5-2-2005 ATM, Art. 22EN(41)]
F. If the Annual Town Meeting votes to endorse and finance the project, the engineer who
did the original plan shall be named "Project Manager." He shall prepare a new request for
quotations with the bids to be directed to the Town Administrator. The Project Manager and
the Town Administrator shall select the best bid to do the work. The Project Manager shall
advise the Superintendent of Public Works 48 hours in advance of each phase of the project
and certify, in writing, to the Superintendent of Public Works that each phase of the work
has been completed to the Project Manager's satisfaction. The Superintendent of Public
Works shall inspect the completed work and certify to the Town Accountant that the work
is completed so that payment can be made.
G. For a group of private roads within a subdivision in which membership in a
neighborhood property owners' association is automatic or mandatory, the same procedure
shall be used:
(1) So long as a majority of the owners of the lots abutting the group of private ways
to be repaired signs the petition required by Subsection B above; and
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Special Town Meeting-November 17, 2014
0) So long as the group of private ways to be repaired is owned or controlled, directly
c r indirectly, by the neighborhood association or its members.
H. The'� Town of Brewster shall incur no liability for any damages of any nature whatsoever
arisin from the project by virtue of the Town's agreeing to finance any repair of a private
subdiv sion way. The abutters who accept Town financing shall be deemed to have
indemhified and held the Town harmless against any and all such claims.
I. Any private way improved under the provisions of this bylaw need not be brought up to
full To vn road standards. Any private way improved under the provisions of this bylaw
shall continue to remain a private way
or take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTI N: I move that the town vote to approve article no. 12 as printed in the
warra t.
ACTION: Adopted Unanimously
COMMUNITY PRESERVATION COMMITTEE/FY2007-2013 Reallocation of
Funds
ARTI E NO. 13: To see if the Town will vote to act upon the recommendations of
the CO munity Preservation Committee; to appropriate from the Community Preservation
Fund to hold for future expenditure the following sums from the Fund's Fiscal Year 2007
through 2013 revenues; all as follows:
Item: category:
1. Res rve Funds:
a. O en Space: To hold, pursuant to the provisions of section 17-4 Of the Brewster
Com unity Preservation Committee Bylaw, in reserve for the purpose of Open Space and
to transfer the sum of $118,071.00 from Community Preservation Undesignated Fund
Balance to the Fund Balance Reserved for Open Space from the Fund's Fiscal Year 2007
through 2013 revenue for future expenditures;
b. Historic Preservation: 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 and to transfer the sum of $23,614.00 from Community Preservation
Undesignated Fund Balance to the Fund Balance Reserved for Historic Preservation from
the Fund's Fiscal Year 2007 through 2013 revenue for future expenditures;
c. Community Housing: To hold, pursuant to the provisions of section 17-4 Of the
Brewster Community Preservation Committee Bylaw, in reserve for the purpose of
Community Housing and to transfer the sum of $23,614.00 from Community
Preservation Undesignated Fund Balance to the Fund Balance Reserved for Community
Housing from the Fund's Fiscal Year 2007 through 2013 revenue for future expenditures;
d. Budget Reserve: To hold, pursuant to the provisions of section 17-4 Of the Brewster
Community Preservation Committee Bylaw, in reserve for the purpose of Budget Reserve
for housing, historic preservation, and/or recreation uses and to transfer the sum of
$70,841.00 from Community Preservation Undesignated Fund Balance to the Fund
Balance Reserved for Budget Reserve from the Fund's Fiscal Year 2007 through 2013
revenue for future expenditures;
Grand-total $236,140.00
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
MOTION: I move that the town vote to approve article no. 13 as printed in the
warrant.
ACTION: Adopted Unanimously
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S•ecial Town Meeting-November 17, 2014
COMMUIVITY PRESERVATION COMMITTEE/FY2014 Reallocation of Funds
ARTICLE NO. 14: To see if the Town will vote to act upon the recommendations of
the Community Preservation Committee; to appropriate from the Community Preservation
Fund to hold for future expenditure the following sums from the Fund's Fiscal Year 2014
revenues; all as follows:
Item: Category:
1. Reserve Funds:
a. Open Space: To hold, pursuant to the provisions of section 17-4 Of the Brewster
Community Preservation Committee Bylaw, in reserve for the purpose of Open Space and
to transfer the sum of $135,862.00 from Community Preservation Undesignated Fund
Balance to the Fund Balance Reserved for Open Space from the Fund's Fiscal Year 2014
revenue for future expenditures;
b. Historic Preservation: 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 and to transfer the sum of $27,172.00 from Community Preservation
Undesignated Fund Balance to the Fund Balance Reserved for Historic Preservation from
the Fund's Fiscal Year 2014 revenue for future expenditures;
c. Community Housing: To hold, pursuant to the provisions of section 17-4 Of the
Brewster Community Preservation Committee Bylaw, in reserve for the purpose of
Community Housing and to transfer the sum of $27,172.00 from Community
Preservation Undesignated Fund Balance to the Fund Balance Reserved for Community
Housing from the Fund's Fiscal Year 2014 revenue for future expenditures;
d. Budget Reserve: To hold, pursuant to the provisions of section 17-4 Of the Brewster
Community Preservation Committee Bylaw, in reserve for the purpose of Budget Reserve
for housing, historic preservation and/or recreation uses and to transfer the sum of
$150,519.00 from Community Preservation Undesignated Fund Balance to the Fund
Balance Reserved for Budget Reserve from the Fund's Fiscal Year 2014 revenue for future
expenditures;
Grand-total $340,725.00
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
MOTION: I move that the town vote to approve article no. 14 as printed in the
warrant.
ACTION: Adopted Unanimously
ROUTE 6A WATER INFRASTRUCTURE UPGRADE PROJECT
ARTICLE NO. 15: To see if the Town will vote to appropriate a sum of money to pay
costs of, replacing existing water service lines that are anticipated to begin failing due to
age and to install water main stubs to roads that currently have no town water so the
roadway will not be disturbed in the future, including the payment of all other costs
incidental and related to the carrying out of this project and its financing, and to see
whether such sum shall be raised by a transfer from available funds, or to authorize the
Town Treasurer, with the approval of the Board of Selectmen, to borrow a certain sum of
money under and pursuant to Chapter 44 of the General Laws, and/or any other enabling
authority, and to issue bonds or notes of the Town therefor; to transfer from available funds
an additional sum of money for the purpose of paying for the preparation, issuance and
marketing of bonds and notes issued hereunder and for paying interest on temporary notes
issued in anticipation thereof; and to authorize the Town Administrator to solicit bids or
proposals, enter into contracts, and expend said funds for this purpose, or to take any
other action relative thereto.
(Two-Thirds Required) (Water Commission)
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Special Town Meeting-November 17, 2014
MOTION: I move that the Town appropriates the sum of NINE HUNDRED SEVENTY-
ONE 'THOUSAND AND 00/100 DOLLARS ($971,000.00) to pay costs of replacing
existing water service lines that are anticipated to begin failing due to age and to
install water main stubs to roads that currently have no town water so the roadway
will nOt be disturbed in the future, including the payment of all other costs incidental
and related to the carrying out of this project and its financing; that to meet this
approjriation, the Town authorizes the Town Treasurer, with the approval of the
Board of Selectmen, to borrow such sum of money under and pursuant to Chapter 44
of the General Laws, and/or any other enabling authority, and to issue bonds or notes
of the Town therefor; that the Town vote transfer from Water Surplus an additional
sum of FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00) for the purpose of paying
for they preparation, issuance and marketing of bonds and notes issued hereunder and
for paging interest on temporary notes issued in anticipation thereof ; and that the
Town authorizes the Town Administrator to solicit bids or proposals, enter into
contracts, and expend said funds for this purpose.
ACTI : Adopted Unanimously
PROPERTY EASEMENT FOR STORM-WATER CONTROL
ARTICLE NO. 16: To see if the Town will vote to authorize the Board of Selectmen to
acquire an easement or easements by gift for the purposes of installing drainage,
reconstructing, repairing and maintaining Linnell Landing Road for no consideration, or to
take ally other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 16 as printed in the
warrant.
ACTION: Adopted Unanimously
1
LADIES LIBRARY/Planning & Design Grant
ARTIC, ,E NO. 17: To see if the Town will vote to authorize the Board of Trustees of
the Brewster Ladies Library to proceed with a feasibility study to examine the options for
expanding and renovating its library building for current and future needs, and to further
vote to, transfer from Article no. 20 of the May 2014 Annual Town Meeting the sum of
TWENTY FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) for this purpose, and to
authorize the Town Administrator to solicit bids or proposals, enter into contracts, and
expend said funds for this purpose, or take any other action relative thereto.
(Majority Vote Required) (Trustees of the Ladies Library)
MOTION: I move that the town vote to approve article no. 17 as printed in the
warrant.
ACTIOIT: Adopted Unanimously
ANY OTHER BUSINESS
ARTICLE NO. 18: To act on any other business that may legally come before this
meeting.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to dissolve the 2014 Special Town Meeting.
ACTIO$: Adopted Unanimously
The Special Town Meeting of November 17th, 2014 was dissolved at 9:50pm.
A True ',Copy Attest:
Colette M. Williams, CMC/CMMC
Town Clerk
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