HomeMy Public PortalAbout2015-09-02 Special Town Mtg REPORT Special Town Meeting Report - September 2nd, 2015
Report of the
Special Town Meeting
September 2nd, 2015
In accordance with the Warrant, the Special Town Meeting was held in the Stony
Brook Elementary School Cafetorium on Wednesday, September 2nd, 2015.
The meeting was called to order at 7:00pm by the Moderator, Stephen L. Doyle.
The tellers were David Lahive, David Quinn, David Whitney and Edward
Swiniarski. The checkers were June Gallant, Dorothy Leone, Mary Myers,
Maureen Steinmann, Joan Scheffer, Cynthia Matheson and Jayanne Sci,
Assistant Town Clerk. Thaddeus Nabywaniec, and Francis Smith, members of
the Board of Registrars, were also present.
A quorum was present with 789 of 7625 voters. 11%
MOTION: I move that the Town vote to indefinitely postpone consideration
of Article Nos. 12, 13, 14, 15, 16 & 17.
ACTION: Adopted Unanimously to indefinitely postpone
Articles 8 & 11 were taken up under a consent calendar:
MOTION: I move that the Town vote to approve Article Nos. 8 & 11 as
printed in the warrant.
ACTION: Adopted by a declared 2/3 vote
UNPAID BILLS
ARTICLE 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, as follows:
a Custom Drug Testing Inc. $135.00
b. Cape Cod Engraving $ 32.00
c. Nauset Disposal $278.00
Grand-total $445.00
or to take any other action relative thereto.
(Nine-tenths (9/ 10ths) Vote (Board of Selectmen)
Required)
MOTION: I move that the Town vote to approve Article No. 1 as printed in
the warrant and to transfer the sums of $278.00 from the Golf Receipts
Reserved for Appropriation account and $167.00 from the Free Cash for
these purposes.
ACTION: Adopted Unanimously
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Special Town Meeting Report - September 2nd, 2015
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 2: 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 2016, including the payment of all costs
incidental and related to the carrying out of these projects and their financing,
as well as, any professional, design, and engineering service costs; to authorize
the Town Treasurer, with the approval of the Board of Selectmen, to borrow a
sum of money pursuant to Chapter 44 of the General Laws and/or any other
enabling authority and to issue bonds or notes of the Town therefore, provided
that the amount of the notes or bonds issued hereunder shall be reduced by the
amount of the sales proceeds, grant funds, and other money received before the
sale of such notes or bonds; 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; 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 the following equipment or services;
and to authorize the Town Administrator to solicit bids and/or proposals, enter
into a contract or contracts, and expend the funds for the following purposes:
® Board of Selectmen: Request Totals
® Professional Facilitator for Coastal & $10,000.00
Beach Visionin: Meetin•s
b. Government Study Phase 2 - Consulting $7,000.00
Services
Map Updates $5,000.00
.1
$11,000.00
Hazardous Waste Collection Program
Town Buildings & Facilities Repair &I $29,000.00
Maintenance Projects _
IIIWater Quality Compliance & $10,000.00
Enforcement _
ri Technoloa Projects $30,000.00 , _
® Local Com.rehensive Planning Expense $25,000.00
® All Citizens Access Project _ $10,000.00
IIIII Sub-total _ _ $137,000.00
® Fire De .artment: _
ri Dis.atch Services Expense _ $27,000.00
b. Rescue Service Expense $10,000.00
ri Ambulance Lease Payment $25,000.00
d. Radios Communications Equipment _ $30,000.00
f. Personal Protective Equipment (PPE) $10,000.00
A. .aratus Lease Pa ments $108,000.00
El Ambulance Re.lacement Lease $53,000.00
® Hazardous Materials Equipment/Supplies $4,000.00
® Emergency Management Planning Fund
$10,000.00 Sub-total $277,000.00
-
® Department of Public Works:
in Road Draina:e Re•airs $150,000.00
b. Roadside Mower Equipment Replacement $125,000.00
• Pick-u. Truck Re.lacement 40,000.00
MI Sub-total $315,000.00
M
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Special Town Meeting Report - September 2nd 2015
4. Police Department:
a. Fire Arms Replacement $12,500.00
b. In-Car Cruiser Video Cameras $50,000.00
Sub-total $62,500.00
5. Golf Department:
a. Aerifier Equipment Lease Payment $18,252.00
b. Greens Aerifier Replacement $27,000.00
c. "Workman" Utility Vehicle Replacements $77,000.00
(3)
Sub-total $122,252.00
6. Elementary School Department:
a. HVAC Repairs $15,000.00
b. Technology Upgrades $30,000.00
c. Interior/Exterior Painting $15,000.00
d. Carpet 8s Tile Replacement $20,000.00
e. Refurbishment of Trolley Wall $12,000.00
Sub-total $92,000.00
7. Ladies Library:
a. Technology Project $5,000.00
b. Library Parking Lot Improvements $302,500.00
c. Library AC Chiller Replacement $61, 250.00
Sub-total $368,750.00
Grand Total $1,374,502.00
or to take any other action relative thereto.
(Majority Vote Required or Two-thirds (Board of Selectmen)
Vote Required if borrowing is
requested)
MOTION: I move that the Town approves Article No. 2 as printed warrant;
however that the following item be deleted:
• Board of Selectmen, item a. Professional Facilitator for Coastal &
Beach Visioning Meetings in the amount of$10,000.00
and to appropriate the amended total sum of$1,364,502.00 to pay costs of
the various capital acquisitions and special project expenditures set forth
therein, to be undertaken during Fiscal Year 2016, 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
the Town appropriates Seventy-Seven Thousand Dollars ($77,000) to pay
costs of replacing three "Workman" utility vehicles, including the payment
of all costs incidental and related thereto; that to meet this appropriation,
the Town Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow said amount under and pursuant to Chapter 44, §7(9)
of the General Laws, or pursuant to any other enabling authority, and to
issue bonds or notes of the Town therefor; and that the Town appropriates
Three Hundred Two Thousand Dollars ($302,000) to pay costs of Library
parking lot improvements, including, but not limited to, site preparation,
Page 3 of 15
Special Town MeetingReport - September 2nd, 2015
demolition, drainage improvements, grading, paving, installation of
sidewalks, irrigation and all other costs incidental and related thereto; that
to meet this appropriation, the Town Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow said amount under and
pursuant to Chapter 44, §7(5) of the General Laws, or pursuant to 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:
• $671,750.00 from Free Cash,
• $11,000.00 from the Water Surplus account,
• $267,000.00 from the Ambulance Receipts Reserved for
Appropriation account, $45,252.00 from the Golf Receipts Reserved
for Appropriation account.
ACTION: Adopted Unanimously
DEBT BUDGET
PRINCIPAL & INTEREST FUNDING
ARTICLE NO. 3: To see if the Town will vote to appropriate a sum of
money for the purpose of funding principal and interest expenses for the
following capital & equipment projects:
Item: Category:
Item Description Funding Source
1. Crosby Mansion Septic System Transfer the sum of $32,679.00 from
Project the Crosby Mansion Revolving Fund
2. Golf Department Course Transfer the sum of $40,431.00 from
Improvement & Repair Project the Golf Receipts Reserved for
Appropriation account
3. DPW Open Top Containers, Transfer the sum of $25,869.00 from
Closed Top Containers and Free Cash
Compacting Equipment
4. Stony Brook School Window Transfer the sum of $43,843.00 from
Repair Project Phase II Free Cash
5. Eddy Elementary School Transfer the sum of $105,297.00 from
Renovation Project Free Cash
6. Well No. 3 Access Road Transfer the sum of $302,230.00 from
Improvement Project Water Revenues account
7. Route 6A Water Infrastructure Transfer the sum of $3,702.00 from
Project the Water Revenue account
Grand Total $554,051.00
or to take any other action relative thereto.
(Majority Vote Required (Board of Selectmen)
MOTION: I move that the Town vote to approve Article No. 3 as printed in
the warrant.
ACTION: Adopted Unanimously
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Special Town M-etine Report - September 2nd 2015
SPECIAL REVENUE FUND
Cable Franchise Fee Account
ARTICLE NO. 4: To see if the Town will vote to transfer the sum of
SEVENTY THOUSAND EIGHT HUNDRED FORTY AND 00/100 DOLLARS
($70,840.00) from the Cable Franchise Fee account for the 2016 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 Unanimously
FUEL ASSISTANCE FUNDING
ARTICLE NO. 5: To see if the Town will vote to transfer from Free Cash
the sum of TWELVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
($12,500.00) 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
COMMUNITY PRESERVATION ACT
Purchase of Conservation Restriction
ARTICLE NO. 6: To see if the Town will vote to authorize the Board of
Selectmen to acquire a perpetual conservation restriction under General Laws,
Chapter 184, Sections 31 through 33, on two parcels of land designated on
Brewster Assessors' Map 93 as Parcels 53 and 54, located at Long Pond Road,
in (South) Brewster, Barnstable County, Massachusetts, consisting of 2.23 acres
and 2.32 acres, respectively, and more accurately shown as Lots 4 and 3,
respectively, on a plan of land entitled, "Plan of Land in Brewster, Mass.,
Prepared for Edward Campbell, Record Owner: M. Sophie Campbell, Moran
Engineering Co., 941 Main Street, So. Harwich Mass. 02661, Scale: 1" = 60',
Date: January 14, 1997," and recorded with the Barnstable Registry of Deeds in
Plan Book 531 Page 2, a copy of which is on file with the Brewster Town Clerk;
to acquire said conservation restriction for conservation and passive recreation
purposes for the general public, consistent with the provisions of Mass. General
Laws, Ch. 40, §8C, 310 C.M.R. 22.00, and Article 97 of the Amendments to the
Constitution of the Commonwealth of Massachusetts; to transfer the sum of One
Hundred Thousand and 00/100 ($100,000.00) Dollars from the Fund
Balance Reserved for Open Space to pay costs of this acquisition, and all other
costs incidental and related thereto; to authorize the Conservation Commission
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Special Town Meeting Report - September 2nd, 2015
to assume the monitoring and enforcement authority of the conservation
restriction on the properties; 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; or to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
MOTION: I move that the Town vote to approve Article No. 6 as printed
in the warrant. L
ACTION: Adopted by a declare 2/3 vote
MUTUAL EASEMENTS
Brewster Ladies' Library & Brewster Baptist Church
ARTICLE NO. 7: To see if the Town will vote to authorize the Board of
Selectmen to convey and acquire cross-easement rights pursuant to an
Easement Agreement by and between the Town of Brewster and the Brewster
Baptist Church, Inc., on and over two parcels of land known respectively as the
Brewster Ladies Library and Brewster Baptist Church properties, and designated
on Brewster Assessors' Map 57 as Parcels 38 and 39, and located at 1822 and
1848 Main Street, Brewster, Barnstable County, Massachusetts, consisting of
.93 acres and 11.65 acres, respectively; the Easement Areas to be conveyed as
part of the Easement Agreement are more accurately shown on a plan of land
entitled, "Easement Sketch Plan Prepared for Town of Brewster and Brewster
Baptist Church, Scale 1"=60', July 28, 2015, J.M. O'Reilly 86 Associates, Inc.,
Professional Engineering 86 Surveying Services, 1573 Main Street, P.O. Box
1773, Brewster, MA 02631," a copy of which is on file with the Brewster Town
Clerk; to convey and acquire said cross-easements for the purpose of
constructing and maintaining certain improvements to the parking lots and
on both properties, and for access, ingress and egress within the
Easement Areas, all as shown on the Easement Sketch Plan, so as to provide for
the passage of motor vehicles and pedestrians to and from the abutting parking
areas, parking in the parking areas, and rights to install and maintain utilities,
signage and drainage, if necessary; and to authorize the Board of Selectmen to
enter into all agreements and execute any and all instruments as may be
necessary on behalf of the municipality to effect this Cross-Easement Agreement;
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article No. 7 as printed
in the warrant.
ACTION: Adopted by a declared 2/3 vote
GRANT OF UTILITY EASEMENT
Electricity to Well No. 3
ARTICLE NO. 8: To see if the Town will vote to authorize the Board of
Selectmen to grant to Eversource, for no consideration, an easement to install
and maintain an underground electric transmission network over, on, and under
Town property, identified on the Town's Assessors' Maps #119 and #120 as
parcels # 4 and #2, respectively, and further identified by deed recorded at the
Barnstable County Registry of Deeds in Book 1355, on Page 1046, in order to z'
provide electrical service to the Town's Public Drinking Water Well #3, located
off of Freemans Way, or to take any other action relative thereto.
xa
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Special Town Mee in. Re sort - Sentember 2nd 2015
(Two-thirds Vote Required) (Board of Selectmen)
MOTION: Moved under the consent calendar.
ACTION: Adopted under the consent calendar, by a declared 2/3 vote
CITIZENS' PETITION/Enhancing Beach Access in Brewster
Comprehensive Community-Based Planning
ARTICLE NO 9:
To see if the Town will vote to direct the Board of Selectmen to implement
the following measures:
Whereas
• Brewster is a premier Bay and beach destination with a strong sense
of neighborhood community, based on its relaxed, rural, un-
commercial character.
• Increasing demand from residents and visitors for beach parking
seriously exceeds the capacity at Town landings on peak summer
days.
• Parking spaces adjacent to beaches have been lost in recent years, and
continue to be lost, due to climate forces outside the Town's control.
• The intensity of beach traffic threatens public safety, rural character, and
quality of life in many neighborhoods, while less accessible public locations
offer large, underutilized areas of beachfront.
• The town's reactive and fragmented approach is not addressing aggregate
needs, assessing the range of opportunities, and making the best use of
scarce public funds to meet beach access and public safety priorities.
• Community-based planning, flexibility, and innovation are essential to
meet rising demand for beach access and preserve the quality of beach
neighborhoods, while addressing the uncertainties and threats relating to
coastal erosion and climate change.
Therefore
An immediate moratorium shall be imposed on the execution of all Town
projects that involve the removal, relocation, and/or creation of permitted
parking spaces at Town landings or within 1 mile of existing landings or other
publicly owned coastal properties. This moratorium shall apply to the Town's
proposed parking relocation at Breakwater Beach but not to other Town
projects designed specifically to maintain and protect existing parking
footprints at Town landings, or to solely resolve drainage, pollution, and/or
safety priorities on beach roads and at car parks.
The moratorium shall be lifted only after a comprehensive Brewster Beach
Access Plan—an overarching guide to Town projects as described above—has
been developed, vetted, and approved. The Plan shall be designed to enhance
Brewster's reputation as a premier beach and living destination with a strong
sense of community. Developed through an open and objective community-
based process, the Plan shall establish the Town-wide framework of goals,
priorities, and criteria required to evaluate future landing, beach access, and
parking projects. The Plan shall address all types of beach access in all
seasons, with the goal of safely meeting the needs and wants of beach-goers of
all ages, inclinations, and physical capabilities, along with those of the
neighborhoods involved.
Projects implemented under the Plan shall be designed to maintain and
improve beach access across Town and to optimize access at individual
Town landings based on site-specific conditions while increasing public
Page 7 of 15
Special Town Meeting Report - September 2nd 015
safety and maintaining the character of designated "Scenic Roads." All such
projects shall require Town Meeting approval prior to execution.
To foster public engagement, objective analysis, and consensus-building, the
community-based process used to create the Brewster Beach Access Plan
shall include these connected tasks: I
1. On-line surveys and targeted outreach shall be conducted to gather
1
opinions, needs, and preferences of all categories of Town landing users 1
and public beach-goers, including year- round residents, seasonal ,,,
residents, weekly renters, and day/weekend trippers; families, the elderly, 1
and disabled individuals; recreational fishing and boating enthusiasts; dog
and horse owners; the business community (particularly hospitality, t
shellfishing, and real estate); and abutters to, and neighborhoods hosting,
Town beach access.
2. A beach access study shall be conducted to assess the types of access
fi
presently and potentially available at each Town landing and public beach,
as well as the actual usage, both for peak season (July 1 - Labor Day) and
over the entire year This study shall address parking availability, linear
feet of beach front, bike and pedestrian access, density and types of traffic
on beach roads, parking permit sales, parking enforcement, visual and
physical access from parking lots, boating and shellfishing accommodations
and permit sales, public safety, coastal erosion, climate change, and other
considerations. )'
E-
3. An options analysis study shall be conducted to identify and assess the
potential benefits and costs of projects to maintain and improve access ¢'°'
and supplement parking near Town landings and State beaches during
the peak season. This study shall address options including but not
limited to satellite parking, beach shuttles of all kinds, and biking and
walking trails.
Tasks 1-3 above shall be conducted in coordination with Brewster's Planning
iii r
f
Board, Coastal Committee, Conservation Commission, All-Citizens Access
Committee, and other entities as designated by the Brewster Board of ``'
Selectmen,jumpstarted using an initial and immediate funding allocation of
$20,000 by the Town. Funding shall be drawn first from any remaining funds
under the May 2012 Town Meeting appropriation to study possible parking
lots on State property between Crosby Lane and Linnell Landing Road, and
then from other sources as designated by the Board of Selectmen in '
consultation with the Brewster Finance Committee. �_'
These tasks—and the associated findings—shall be integrated within the public
engagement and consensus-building activities specified in the Town's June
2015 grant application, "Developing a Coastal Resiliency Strategy for
Brewster," if approved under the state's FY 16 Coastal Community Resilience
Grant Program. Alternatively, the Town shall consider an additional
appropriation at the Fall Special Town Meeting supporting the development of Lt-
the Brewster Beach Access Plan within the context of climate resiliency and
adaptation.
F
Under the direction of the Brewster Planning Board, the Brewster Beach Access
Plan shall be prepared for public review and comment. Final review and d ,
approval of the Plan shall occur through public hearing processes before
Brewster's Planning Board, Coastal Committee, Conservation Commission,
ri
and All-Citizens Access Committee, then Brewster's Board of Selectmen. After
affirmative votes by each board, the Plan shall be adopted and the moratorium ,.
imposed herein shall be lifted.
Town Code shall be amended as needed to reflect the provisions of this article. k
t.
(Majority Vote Required) (Citizen's Petition)
Page 8of15
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Special Town Mee in: Report - Se •tember 2nd 2015
MOTION: I move that the Town vote to approve Article no. 9 as printed in
the warrant.
Amendment on Main Motion: I move to amend Article no. 9 as follows:
Strike the entire contents of the article, as drafted, and substitute the
following language:
"To see if the Town will vote to advise the Board of
Selectmen to implement a collaborative, community based
Process in order to foster public engagement, conduct focused
inquiry, and develop a Comprehensive Brewster Beach Access Plan
that addresses all types of coastal access in all seasons, with the goals
of building climate resiliency, protecting natural resources, and
managing peak summer demand for parking while safely meeting the
needs and wants of beach goers of all ages, inclinations, and physical
capabilities, along with those of the neighborhoods involved."
Action on Amended Motion: Adopted Yes - 633 No - 98
Motion to "Move the Previous Question": Adopted
ACTION: Voted to Adopt as Amended
TOWN LANDING AND BEACH IMPROVEMENT PROJECTS
ARTICLE NO. 10:
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 a series of planning
activities and improvements to the parking, drainage and access facilities, as
described at the locations listed in the summary attached hereto; to be
undertaken during Fiscal Year 2016, including the payment of all costs
incidental and related to the carrying out of these projects and their financing,
as well as, any professional, design, and engineering service costs; to authorize
the Town Treasurer, with the approval of the Board of Selectmen, to borrow a
sum of money pursuant to Chapter 44 of the General Laws and/or any other
enabling authority and to issue bonds or notes of the Town therefore, provided
that the amount of the notes or bonds issued hereunder shall be reduced by the
amount of the sales proceeds, grant funds, and other money received before the
sale of such notes or bonds; 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; 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 the following equipment or services;
and to authorize the Town Administrator to solicit bids and/or proposals, enter
into a contract or contracts, and expend the funds for the following purposes:
Page 9 of 15
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Special Town Meeting Report - September 2nd, 2015
Location: Project Expense: 1
a Breakwater Beach: Funding Sources:
Project Estimate $268,350 State Grant $155,000
Prior Town Meeting Auth.
from Comm. Pres. Grant $59,675
Prior Town Meeting Auth.
for Construction Adm. $10,000 l�
Beach Sand Article $8,675 V
Free Cash $35,000
i
Sub-total $268,350
b Ellis Landing: Funding Source:
Partial Roadway Paving - $39,833 State Chapter 90, p'
Drainage Improvements - $30,000 Town Road Bond & g
Parking Lot Paving - $10,046 Road/Drainage Account $90,779
Landing Ramp System - $101,500 Free Cash Transfer - $101,500
Contingency $10,900
Sub-Total $192,279 .'
Sub-Total $192,279
rf
c Linnell Landing:
Reclamation & Construction $25,800 Funding Source:
Partial Roadway Paving - $48,000 State Chapter 90,
Drainage Improvements - $58,000 Town Road Bond &
Parking Lot Paving - $20,000 Road/Drainage Account $147,370
Contingency - $15,570 Free Cash Transfer - $20,000 to
Sub-Total $167,370 Sub-Total $167,370
gi
d Fisherman's Landing (Sheep Pond) Funding Source:
Partial Roadway Paving $15,000 State Chapter 90,
Drainage Improvements $67,000 Town Road Bond &
Parking Lot Paving - $16,500 Road/Drainage Account $116,350
Guard Rail/Curbing, etc $30,000 Free Cash Transfer $25,000
Contingency $12,850
Sub-Total $141,350
Sub-Total $141,350 E,>
e Slough Pond Landing: Funding Sources:
Permitting - $2,000 1
Construction Materials - $3,000 Free Cash - $5,000
ii
Sub-total $5,000 Sub-Total $5,000
Funding
f Long Pond Boat Ramp & Landing: Funding Sources:
Permitting & Design $20,000 Prior Town Meeting Auth. $10,000
Free Cash - $10,000
Sub-Total $20,000
g Paine's Creek Foot Bridge: Funding Sources:
Permitting - $2,000 t
Construction Materials - $4,500 Free Cash - $6,500
(
Sub-total $6,500 Sub-Total $6,500
h DCR/Nickerson Park Beach Access Funding Sources:
Planning: Free Cash - $10,000 F.,
Professional Services $10,000
Sub-Total $10,000
F
i DCR/Nickerson Park Beach Access Funding Sources:
Construction:
Site Grading $5,000 Free Cash - $30,000
Paving $7,500
Drainage $5,000 Sub-Total $30,000
Construction Materials $5,000
Gates $5,000
Contingency $2,500
Sub-total $30,000
Total Transfer from Free Cash Grand Total $243,000.00
Page 10 of 15
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S•ecial Town Meetin• Report - Se •tember 2nd 2015
including the payment of costs incidental and related to carrying out these
projects, as well as any professional, design and engineering service costs, and
to authorize the Town Administrator to solicit bids and/or proposals, enter into
a contract or contracts, and expend these funds for this purpose, or to take any
further action relative thereto.
(Majority Vote Required or Two-thirds (Board of Selectmen)
Vote Required if borrowing is
requested)
MOTION: I move that consideration of Article No. 10 be divided, so that
Town Meeting votes on nine separate motions, one for each project.
ACTION: Adopted to separate Article No. 10 into nine votes.
Motion on 10a: I move that the Town vote to approve Article 10, item a,
and to transfer the sum of$35,000.00 from Free Cash for this purpose.
Motion to "Move the Previous Question": Adopted
Action on 10a: Adopted Yes - 364 No - 325
Motion on lOb: I move that the Town vote to approve Article 10, item b,
Ellis Landing and to transfer the sum of $101,500.00 from Free Cash for
this purpose.
Action on lOb: Adopted
Motion on 10c: I move that the Town vote to approve Article 10, item c,
Linnell Landing and to transfer the sum of $20,000.00 from Free Cash for
this purpose.
Action on 10c: Adopted Unanimously
Motion on 10d: I move that the Town vote to approve Article 10, item d.
Fisherman's Landing and to transfer the sum of $25,000.00 from Free
Cash for this purpose.
Action on 10d: Adopted
Motion on 10e: I move that the Town vote to approve Article 10, item e,
Slough Pond Landing and to transfer the sum of $5,000.00 from Free Cash
for this purpose.
Action on 10e: Adopted Unanimously
Motion on 10f: I move that the Town vote to approve Article 10, item f,
Long Pond Boat Ramp and Landing and to transfer the sum of$10,000.00
from Free Cash for this purpose.
Motion on 10f: Adopted
Motion on 10g: I move that the Town vote to approve Article 10, item g,
Paines Creek Foot Bridge and to transfer the sum of$6,500.00 from Free
Cash for this purpose.
Action on 10g: Adopted
Page 11 of 15
Special Town Meeting Report - September 2nd, 2015
I '''',''
Motion on 10h: I move that the Town vote to approve Article 10, item h,
DCR/Nickerson Park Beach Assess Planning and to transfer the sum of
$10,000.00 from Free Cash for this purpose.
Motion to "Move the Previous Question": Adopted t°
Action on 10h: Adopted
Motion on 10i: I move that the Town vote to approve Article 10, item i,
DCR/Nickerson Park Beach Access Construction and to transfer the sum
of$30,000.00 from Free Cash for this purpose.
Motion to "Move the Previous Question": Adopted
Action on 10i: Adopted
AMENDMENT TO TOWN CODE
Town Meetings
ARTICLE NO 11: To see if the Town will vote to amend Chapter 48, Article
I, Section 48-1 of the Code of the Town of Brewster, Massachusetts, as follows
(proposed changes are bolded and underlined): ro
Delete the current language:
The Town will hold two regularly scheduled Town Meetings. The Spring
Annual Town Meeting for the transaction of all business for the town, other
than matters to be determined by ballot, shall be held on the first Monday
in May at 7:00 p.m. The Annual Election for the election of officers and $y
such matters as are by law determined by ballot shall be held on the third
Tuesday in May Whenever the Annual Election for the election of officers
and such matters as are by law determined by ballot falls fewer than two
weeks after the scheduled beginning of the Spring Annual Town Meeting
then the Annual Election shall be held on the fourth Tuesday in May The
Fall Yearly Town Meeting will be held the third Monday in November to
address the transactions of all business for the town. Whenever this
schedule places it in the same week as Thanksgiving Day, the Fall Yearly nt
Town Meeting shall be held instead on the second Monday in November.
And substitute the proposed language:
The Town will hold two regularly scheduled Town Meetings. The Spring
Annual Town Meeting for the transaction of all business for the town, other
than matters to be determined by ballot, shall be held on the first Monday
in May at 7:00 p.m. The Annual Election for the election of officers and
such matters as are by law determined by ballot shall be held on the third `
Tuesday in May Whenever the Annual Election for the election of officers
and such matters as are by law determined by ballot falls fewer than two
weeks after the scheduled beginning of the Spring Annual Town Meeting
then the Annual Election shall be held on the fourth Tuesday in May The
{
Special Town Meeting will be held the third Monday in November to
address the transactions of all business for the town. Whenever this
schedule places it in the same week as Thanksgiving Day, the Special
Town Meeting shall be held instead on the second Monday in November.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: Moved under the consent calendar.
ACTION: Adopted under the consent calendar
Page 12 of 15
1
Special Town Meeting Report - Se 'tember 2nd 2015
ZONING BYLAW AMENDMENT
Definition: Affordable Accessory Single-Family Dwelling Unit
ARTICLE NO. 12: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Zoning, Article I, Section 179-2, Definitions, deleting
the "S" in "AASDU" so that it reads:
AFFORDABLE ACCESSORY SINGLE-FAMILY DWELLING UNIT (AADU) -
Affordable housing, either attached or detached, as an accessory use to a single-
family dwelling. It shall have a maximum of two bedrooms and a maximum of
900 square feet of area. [Added 11-5-2007 FYTM, Art. 20]
or to take any other action relative thereto.
(Two Thirds Majority Vote Required) (Planning Board)
MOTION: Moved to indefinitely postpone.
ACTION: Indefinitely postponed
ZONING BYLAW AMENDMENT
Establishment of Districts
ARTICLE NO. 13: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Zoning, Article II, Section 179-3, Establishment of
Districts, by deleting paragraph D, which includes the following text:
D. The Corridor Overlay Protection District is a town-wide overlay
protection district which is superimposed over all existing zoning
districts. [Added 5-9-1994 ATM, Art. 25]
or to take any other action relative thereto.
(Two Thirds Majority Vote Required) (Planning Board)
MOTION: Moved to indefinitely postpone.
ACTION: Indefinitely postponed
ZONING BYLAW AMENDMENT
Signs
ARTICLE NO. 14: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Zoning, Article V, Section 179-21 (first mention),
Enforcement; abandoned signs; appeals, by renumbering the section to 179-
20.7, so that it reads:
§ 179-20.7. Enforcement; abandoned signs; appeals.
or to take any other action relative thereto.
(Two Thirds Majority Vote Required) (Planning Board)
MOTION: Moved to indefinitely postpone.
ACTION: Indefinitely postponed
Page 13 of 15
Special Town Meeting Report - September 2nd, 2015
ZONING BYLAW AMENDMENT
Special Permits
ARTICLE NO 15: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Zoning, Article X, Section 179-51, Special permits
A. (5) Findings, by deleting the second occurrence of the word "Development"
and replacing it with the word "Site," so that it reads:
(d) For developments subject to Chapter 83, Site Plan Review, it is
recommended that applicants incorporate development standards
specified under Chapter 83, as well as applicable development
standards specified in this Zoning Bylaw (Chapter 179), to better
coordinate permitting under both bylaws.
or to take any other action relative thereto.
(Two Thirds Majority Vote Required) (Planning Board)
MOTION: Moved to indefinitely postpone.
ACTION: Indefinitely postponed
tY
ZONING BYLAW AMENDMENT
Site Plan Review
ARTICLE NO 16: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Zoning, Article XII, Section 179-67B, Severability,
by deleting "67-B" from the numbering and renumbering the section "179-68,
so that it reads:
§ 179-68. Severability. X'
or to take any other action relative thereto.
(Two Thirds Majority Vote Required) (Planning Board)
MOTION: Moved to indefinitely postpone.
ACTION: Indefinitely postponed
ZONING BYLAW AMENDMENT
Natural Resources Protection Design
ARTICLE NO 17: To see if the Town will vote to amend Chapter 179 of
the Brewster Town Code, Zoning, Article XIII, Section 179-51.1, Permanent -`
Preservation of Open Space Land, A., Ownership of Open Space Land, (1) (b) by
deleting the numbers "4.6.2" and replacing them with "179-75.1B" so that it
p„
reads:
(b) Conveyed to a nonprofit organization, the principal purpose of which
is the conservation or preservation of open space, with a conservation
restriction as specified in 179-75.1B below. Such organization shall be
acceptable to the Board as a bona fide conservation organization; or
or to take any other action relative thereto.
(Two Thirds Majority Vote Required) (Planning Board)
Page 14 of 15
S•ecial Town Meeting Report - September 2nd 2015
MOTION: Moved to indefinitely postpone.
ACTION: Indefinitely postponed.
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 under Article 18 any other Business:
I move that the Town offer a vote of thanks to Charles Sumner, our Town
Administrator of nearly three decades, and that we acknowledge his
service, his leadership, and his love for our community.
Action: Adopted Unanimously with a standing ovation.
MOTION: I move that the Town vote to dissolve the 2015 Special Town
Meeting.
ACTION: Adopted Unanimously
The Special Town Meeting of September 2nd, 2015, was dissolved at 10:40 pm.
A True Copy Attest;
CjiaLMARCLIO.MINI
Colette M. Williams
CMC/CMMC
Town Clerk
Brewster, MA
Page 15 of 15
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