HomeMy Public PortalAbout1995-11-20 Special Town Mtg ReportReport of the
FALL YEARLY TOWN MEETING
November 20, 1995
In accordance with the Warrant, the Fall Yearly Town Meeting was
held in the Brewster Elementary School Cafetorium, Monday, November
20, 1995.
The meeting was called to order at 7:07 p.m. by the Moderator,
Stephen L. Doyle. The Tellers were Althea Alling, Jean Gage, June
Gallant, Ruth Hanlon, Eleanor Nielsen, and William Nielsen. The
Checkers were Germaine I. Cummins, Catherine Flahert~•, Elizabeth
Hardy, Dorothy Leone, Sharon Morgan, Sherry Ryder, Beverly Smith,
John Unger, and Mildred Unger.
A quorum was present.
The Fall Yearly Town Meeting Warrant with the return of the warrant
was read by Town Clerk, Joan K. Cole. There being no objection,
the Moderator dispensed with the reading of all the articles.
1. UNPAID BILLS
ARTICLE 1. To see if the Town will vote to transfer
from available funds the sum of Seventeen Hundred and One and
00/100 ($1,701.00) Dollars to pay unpaid bills from a previous
fiscal ,year, as follows:
a. Pamela S. Smith $ 29.00
b. W. B. Mason 25.00
c. Modern Marking Products, Inc. $.00
d. Cape Cod Hospital 199.00
e. Arlington Data Corporation 709.00
f. Intercity Alarms 330.00
g. Kirk Riker 300.00
h. Stone & Reid 69.00
i. Radio Shack 69.00
Total $1,701.00
or to take any other action relati~-e thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 1 as printed
in the warrant and to transfer the s~im of $1,701.00 from Free Cash
for this purpose.
ACTION: ADOPTED UNANIMOUSLY
2. BUDGETARY TRANSFERS
ARTICLE 2. To see if the Town will vote to transfer
from available funds and/or appropriate from surplus funds in some
departments the sum of Twenty-One Thousand Two Hundred and Seventy-
One and 00/100 ($21,271.00) Dollars to be used in conjunction with
funds appropriated under current fiscal year budgets during the
current fiscal ,year to pay shortfalls that would otherwise exist in
the Fiscal Year 1996 Budget of other departments, as follows:
1. Transfer the sum of $6,271.00 from the Golf Receipts
Reserved for Appropriation Account to Line Item 5,
(Finance Committee Reserve Fund), of Article 3 of
the 1995 Annual Town Meeting,
2. Transfer the sum of $5,000.00 from Line Item 52 of
Article 3 of the May 1, 1995 Annual Town Meeting,
(Liability Insurance) to Line Item 27 of Article 3
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of the 1995 Annual Town Meeting (Building Department
Wages),
3. Transfer the sum of $8,500.00 from Line Item 8 of
Article 3 of the 1995 Annual Town Meeting (Assessor's
Wages) to Line Item 8 of Article 3 of the 1995 Annual
Town Meeting (Assessor's Expenses),
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 2 as printed
in the warrant and to transfer the total sum of $19,771.00 from
various available funds for these purposes.
ACTION: ADOPTED UNANIMOUSLY
3. GIFT/DRUMMER BOY PROPERTY
ARTICLE 3. To see if the Town will vote to accept the
gift of a tree and a bench from the Brewster Garden Club to be
located at the Drummer Boy property and to authorize the Board of
Selectmen to locate these gifts on said property, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 3 as printed
in the warrant.
ACTION: ADOPTED UNANIMOUSLY
4. GOLF COURSE EXPANSION
ARTICLE 4. To see if the Town will vote to transfer
from available funds the sum of Eighty Thousand and 00/100
($80,000.00) Dollars to develop preliminary design plans for up to
an eighteen (18) hole expansion to the current golf course; and for
possible renovations to the existing Captains' Golf Course; and for
any and all other associated costs and services relative to this
project, and to authorize the Board of Selectmen to solicit bids
and/or proposals, enter into contracts and expend said funds for
this project, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 4 as printed
in the warrant and to transfer the sum of $80,000.00 from Free Cash
for this purpose.
ACTION: ADOPTED
5. BALLOT QUESTION/APPOINTED BOARD OF ASSESSORS
ARTICLE 5. To see if the Town will vote to authorize
the Board of Selectmen to place the following question on the next
official annual election ballot:
Shall the Town vote to have its
Selectmen appoint the Board of
Assessors? Yes No
or to take any other action relative thereto.
(Majority Vote Required)
(Board of Assessors)
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MOTION: I move that the Town vote to approve Article 5 as printed
in the warrant.
ACTION: ADOPTED
6. CAPITAL PLANNING COMMITTEE BYLAW AMENDMENT
ARTICLE 6. To see if the Town will vote to amend
Article No. XI of Chapter No. 12 of the Code of the Town of
Brewster (Capital Planning Committee), as follows:
1. Amend Section C.(1) to change the due date for the
Capital Planning Committee's Report for submittal
to the Board of Selectmen from December 15th to
January 15th.
2. Add a new Section C.(3) - Late Filing of Capital
Project Request.
(3) Should a board, committee or department
fail to submit a capital project request
by October 1, they will be required to
secure a waiver from the Board of Selectmen
prior to seeking funding from Town Meeting.
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or to take any other action relative thereto.
(Majority Vote Required)
(Capital Planning Committee)
MOTION: I move that the Town vote to approve Article 6 as printed
in the warrant.
ACTION: ADOPTED
7. BUILDING AND NEEDS ASSESSMENT COMMITTEE
ARTICLE 7. To see if the Town will vote to add the
following provision as Chapter 12, Article XV, Section 12-37 of the
Code of the Town of Brewster:
A. The Board of Selectmen shall appoint a five (5) member
Building and Needs Assessment Committee to make
recommendations about the locations of buildings and/or
needs of the Town.
B. The Board of Selectmen shall appoint one (1) member
for one (1) year, two (2) members for two (2) years,
and two (2) members for three (3) years. Thereafter,
appointments, except, to complete unexpired terms,
shall be made for three (3) years. The Board of
Selectmen may also appoint as many as two (2)
employees working in a Town building which is the
subject of a building project to serve as ex-officio
members of this Committee.
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C. The Building and Needs Assessment Committee shall
serve as the Building Committee for all Town building
projects not having a separately established Building
Committee; however, the Building and Needs Assessment
Committee shall not serve as the Building Committee
for a schoolhouse project unless at least one of its
members is either a member of the School Committee or
a designee of the School Committee;
or to take any other action relative thereto.
(Majority Vote Required)
(Board of Selectmen)
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MOTION: I move that the Town vote to approve Article 7 as printed
in the warrant
ACTION: ADOPTED UNANIMOUSLY
8. ZONING BYLAW AMENDMENT.
ARTICLE 8. To see if the Town will vote to amend the
definition of "Lodging House" in the Brewster Zoning Code, Section
179-2 B, by repealing the present definition and by substituting
therefor the following:
LODGING HOUSE - A structure originally designed
for single-family use which may be converted to
provide lodging for the use of more than three (3)
individuals (not more than twelve [12] rooms) not
living as a single housekeeping unit. A common
dining facility may be provided. Lodging House
sriall include boarding house, tourist home, rooming
house and "Bed and Breakfast", but not motel or
hotel.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Building Commissioner)
MOTION: I move that the Town vote to indefinitely postpone
consideration of Articles 8, 9, and 10.
ACTION: ADOPTED TO INDEFINITELY POSTPONE
9. ZONING BYLAW AMENDMENT
ARTICLE 9. To see if the Town will vote to amend the
Brewster Zoning Code, Article VI, Signs, Section 179-20--Signs
permitted in residential districts, by inserting after (G) of that
section, the following:
H. One Subdivision Identification Sign for a
subdivision, by permit, not to exceed six (6)
square feet.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Building Commissioner)
MOTION: Moved under Article 8
ACTION: ADOPTED TO INDEFINITELY POSTPONE
10. ZONING BYLAW AMENDMENT
ARTICLE 10. To see if the Town will vote to amend the
Brewster Zoning Code, Article VIII, Nonconforming Uses, Structures
and Lots, Section 179-26--Residential Lots of Record, (A), so that
the paragraph reads as follows:
"One (1) single-family dwelling may be erected on
any lot, regardless of a common ownership with that
of adjoining land located in the same residential
district which, as of May 7, 1973, contained at
least fifteen thousand (15,000) square feet and
had a minimum frontage of one hundred (100) feet
and complied with the rules and regulations of
the Planning Board, if any, in effect at the
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time of endorsement and provided, further, that
the proposed structure is to be located on such
lot so as to conform to the minimum requirements
of front, rear and side setbacks in effect at the
time of endorsement, and to all other requirements
for such structures in effect at the time of
building."
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or to take any other action relative thereto.
(Two-Thirds Vote Required)
(Building Commissioner)
MOTION: Moved under Article 8
ACTION: ADOPTED TO INDEFINITELY POSTPONE
11. BYLAW RECISION
ARTICLE 11. To see if the Town will vote to rescind
the following provisions of the Code of the Town of Brewster:
1. Punkhorn Parklands Coordinating Committee,
Article XII of Chapter 12,
2. Septic Upgrade Betterment. Reserved for
Appropriations Account Committee, Article XIII
of Chapter 12,
3. Capital Acquisitions, Article III of
Chapter 21,
4. Dredging of Tidal Waters, Article I
of Chapter 89.
or to take any other action relative thereto.
(Majority Vote Required)
(Board of Selectmen}
MOTION: I move that the Town vote to approve Article 11 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
12. BYLAW AMENDMENT
ARTICLE 12. To see if the Town will vote to amend
Chapter 155 of the Code of the Town of Brewster (Streetlight
Regulations) by deleting the two references in Section 155-1 and
the one reference in Section 155-2 to "Streetlighting Committee"
and by substituting in those three instances the term "Police
Chief", or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve Article 12 as
printed in the warrant.
ACTION: ADOPTED
13. BUSINESS CERTIFICATES.
ARTICLE 13. To see if the Town will vote to amend the Code
of the Town of Brewster by adopting the following bylaw as Chapter
74, Registration of Business:
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All businesses located in the Town of
Brewster must register with the Town Clerk.
or to take any other action relative thereto.
(Majority Vote Required}
(Town Clerk)
MOTION: I move that the Town vote to approve Article 13 as
printed in the warrant.
MOTION: I move that the Town vote to indefinitely postponed
Article 13.
ACTION: ADOPTED TO INDEFINITELY POSTPONE
14. DEVELOPMENT PLAN REVIEW BYLAW AMENDMENT
ARTICLE 14. To see if the Town will vote to amend
Chapter 83 of the Code of the Town of Brewster, "Development Plan
Review" as follows:
To modify Article III, "Development Standards", Section 83-8,
"Environmental protection requirements.", Part D, "Plants and
animals.", so that section will read as follows (significant
additions underlined):
D. Plants and animals. Location and design shall not cause
avoidable damage to wildlife habitats, forests or corridors or
to any plant or animal species listed as rare, endangered,
watch list or of special concern by the Massachusetts Natural
Heritage Program or to any tree exceeding twelve 12 inches
in trunk diameter at a height of four and one-half (4 1/2)
feet above grade. Specimen plants and trees shall be preserved
or relocated when possible. Applicants shall be required to
submit signed documentation from the Conservation Commission
or its agent, that the pro.~ect has been reviewed by the
Conservation Commission with respect to these considerations.
The Conservation Commission or its agent may determine that
the proposed site either contains no such habitats or species,
or that all feasible efforts to avoid, minimize or compensate
for damage have been reflected in the proposal. The
Conservation Commission or its agent maY refer the pro.7ect to
the Massachusetts Natural Heritage Program for further review
or comment If additional review of wildlife habitats. forests
and/or corridors is determined to be necessary by the Plan
Review Committee, the Committee shall be guided b~ the
standards outlined in the_most current EIR CCC Plant and
Wildlife Habitat Guide Technical__Bulletin.
To insert the underlined words as "Part F" and "Part G", in the
Article III, "Development Standards", Section 83-8,
"Environmental protection requirements.", Part E, "Hazardous
Materials.", after item (2), so that section will read as follows:
F. Water quality and usage.
~1~ If a project lies within a zone of contribution, a
cumulative nitrogen loading calculation shall be
submitted to the Plan Review Committee, and review by the
Water Quality Review Board_.shall be required.
~2~ Applicants of ~ro.jects that do not encroach upon the
Groundwater Protection District maS be required to submit
ve nitrogen loading calculation in accordance
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a cumula
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_
with the standards outlined in the most current EIR CCC
Nitro en Loadin_g_Calculat_ion Technical Bulletin.
~_ Applicants- proposing to use in excess of 5,000
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~allons__of_.__water per day__shall provide the Plan Review
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Committee with an estimate of the pro'ject's daily water
usage and the proposed water source. The applicant may
be required to submit .a__k_ater_conservation plan.
G. Op_e_n space.__The_.___term _.o_pen__space__as__~~lied in this
section_shal_1_ refer.._to_land__set_aside which is restricted
for__cons_ervation.,_ a~ri.cult_ure_or recreation. Open space
I may_____inc_lude___ wo_odlands1______pasturei landsca ed -yards i.
ardens~_or pla~~_areass wal_kin~_ and___ridin~_trails, but
shall- eot_include_structures_L buildings, tennis courts_1_
swimmin ~oo_ls~__or surfaces used__for parkin or stora e,_
~ Pro,i_ects_on _lots___in excess of____two__(_2)__acres or alterin
', more than twenty-five__per ce_nt__~25%_j_of the___~ro.ject's lot
', area-- shall__subm_it a _calculat.ion_ in_ accordance with t_he
most c_urrent___EIR._CCC _Calcu_lat_ion_fo_r__Open S~a_ce Technical
Bul_letn_._Multi_-famil_~re.sidential_pro1jects are expected
_ -
t_o__set___aside_the___e.g.ui~~alent_ of six.t5-___per cent_~60% of
the__total_._1ot__area._for_o_pen.__s~.ace_. ___ Commercial projects
are ---expected to__set__.aside_ the- __e_yuivalent_of forty der
cent_~40%~_of., the__total lot -are for- ~en__ space. The Plan
Review_C_omm_it_tee_may regu_ire t_hat___the_ appl icant provide
more- open space _ n___order__to mitigate the project's
i~act
To insert the underlined words in the Article III, "Development
Standards", Section 83-9, "Other design requirements.", Part B,
"Lighting.", after item (4), so that section will read as follows:
(5.) When the Conservation- Commission determines that
lighting as proposed _b~_ an --applicant may have a
detrimental-- effect___on__~lants~_wildlife, or a
wildlife habitat or corridor, the Plan Review
Committee may impose more stringent restrictions or
re.quir_e__ further mit~at_ion.
To repeal the present Article III, "Development Standards", Section
83-9, "Other design requirements.", after Part D, "Historic and
Archaeologic resources.", and to add the following as new parts D
and E
D. Historic and Archaeologic Resources.
Historic and archaeologic resources shall not be
impaired, damaged, or altered by any proposed activity.
An agent of the Plan _Rev_i_ew_.._Committee shall provide
written determination if a Massachusetts Historic
Commission notifica_t,ion_ form ".Appendix A" needs to be
filed with the State. A determination of non-
si nificance_may_be made__at the local level for certain
types, of__project.s_._after an_on_-site__i_ns_~c_tion bi° an agent
of the Plan Review Committee is made.
E. Noise. Where exterior noise levels after construction
are effected to__e~ceed 100 ..decibels at_the source f_or
more than fifteen minutes, at___a tim~____continuall~ on a
regular or s~orad_ic basis_,_the__ applicant shall_be
re~cuired_._to___sh_ow_the__Plan_._.Reyiew Committee_the means by
which_thi_s_mpac.t_._shall be miti ated.__The Committee shall
have _ the _authorit~_ to___ requ_i_re_____~reater de rees of
mit~ation if the_Plan_ Review Committee___is not satisfied
that the resultant noise level will have a minimal effect
on_surroundin _nei~hborhoods_or wildlife habitats.
or to take any other action relative thereto.
(Majority Vote Required) (Development Plan Review Com.)
MOTION:. I move that the Town vote to approve Article 14 as
printed in the warrant.
ACTION: ADOPTED
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15. RECISION/ENVIRONMENTAL IMPACT REVIEW BYLAW
ARTICLE 15. To see if the Town will vote to rescind
the Environmental Impact Review Bylaw, which is referenced as
Chapter 91 of the Code of the Town 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 15 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
16. SEPTIC SYSTEM/BREWSTER ELEMENTARY SCHOOL
ARTICLE 16. To see if the Town will vote to amend
Article No. 1 of the October 3, 1994 Special Town Meeting (New
Elementary School Construction) to allow for a portion of those
funds to be utilized to pay for expenses relative to the design,
repair and construction of the septic system for the existing
Brewster Elementary School, and further, to see whether such sum
shall be raised, in whole or in part, by a transfer from available
fonds, or to authorize the Town Treasurer, with the approval of the
Board of Selectmen, to borrow the sum of One Hundred and Twenty
Thousand and 00/100 ($120,000.00) Dollars 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
raise and appropriate and/or 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, or to take any other action relative thereto.
(Two-Thirds Vote Required) (Elementary School Building
Committee)
MOTION: I move that the vote under Article 1 of the warrant for
the October 3, 1994 Special Town Meeting (New Elementary School
Construction) be hereby amended so as to provide that the
additional sum of $120,000.00 be hereby appropriated for costs
incidental and related to the New Elementary School Project
financed under that vote, including expenses related to the design,
repair, and construction of the septic. system for the existing
Brewster Elementary School as necessary in connection with the
construction of the new elementary school, and that to raise this
appropriation, the Town Treasurer, with the approval of the Board
of Selectmen, is authorized to borrow the sum of $120,000.00 under
and pursuant to Chapter 44, Section 7, of the General Laws, or any
other enabling authority, which may include Chapter 645 of the Acts
of 1948, and to issue bonds or notes of the Town therefor.
ACTION: ADOPTED YES 383 NO 28
17. CAPITAL EXPENDITURES
ARTICLE 17. To see if the Town will vote to transfer
from available funds the sum of Four Hundred and Ninety-Five
Thousand Two Hundred and Thirty-Five and 00/100 ($495,235.00)
Dollars for the purpose of funding certain capital expenditures to
be undertaken during Fiscal Year 1996 and to authorize the Town
Administrator in the best interests of the Town, (a) to sell,
trade, lease, exchange or otherwise dispose of old equipment or
vehicles deemed available and (b) to apply the credits or proceeds
from such dispositions to the cost of acquiring said equipment or
service, as the case may be:
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Funding FY1996 Capital Expenditures Budr~et
Department
1. Board of Selectmen
a. Drummer Boy Archeological Services
b. Town Offices Repair and Maintenance
c. Computer System Professional Services
2. Board of Health
a. Computer Hardware and Software
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3. Department of Public Worl~s
a. One-Ton Dump Truck
b. Roadway Layout Plan/Run Hill Road
c. Roadway Layout Plan/Great Fields Road
d. Roadway Layout Plan/Airline Road
e. Front-End Loader Repair
f. Landfill Environmental Monitoring
g. Metal Fabrication Tool
h. Town Landing Porta-John Enclosures
4. Fire Department
a. Design Services/Fire Station
b. Ambulance Maintenance
c. Hazardous Materials Expense
d. Regional Spec. Hazardous Teams Expense
e. Forestry Equipment. Account
5. HDC/Board of Appeals
a. Computer Hardware and Software
6. Town Clerk
a. Microfilming
7. Golf Department
a. Irrigation System Lease
b. Bedknife and Reel Grinder Equipment
c. Pickup Truck, 4 x 4, with Snow Plow Equipment
8. Water Department
a. Paving Breaking Equipment
b. Trash Pump/450 GPM
9. Board of Assessors
a. Mapping Services
10. Shellfish Department
a. Heating System Repairs
TOTAL
Transfer From
Available
Funds
$ 7,500.00
50,000.00
30,000.00
2,600.00
35,000.00
7,500.UU
2,500.00
10,500.OU
7,500.00
8,000.00
2,200.00
1,000.00
25,000.00
5,000.00
2,000.00
3,000.00
1,415.00
3,000.00
30,000.00
49,000.00
32,000.00
25,000.00
2,220.00
2,300.OU
150,000.00
1000.00
$495,235.00
or to take any other action relative thereto.
(Majority Vote Required)
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(Board of Selectmen)
MOTION: I move that the Town vote to approve Article 17 as
printed in the warrant and to appropriate the total sum of
$495,235.00 for this purpose and in order to finance tYris article
that the sum of $379,715.00 be transferred from Free Cash; the sum
of $101,000.00 be transferred from Golf Receipts Reserved for
Appropriation Account; the sum of $10,000.00 be transferred from
the Ambulance Receipts Reserved for•Appropriation Account; and that
the sum of $4,520.00 be transferred from the Water Department
Receipts Account.
MOTION: I move that the Town vote to amend Article No. 17 Capital
Expenditures item No. 3(b) Roadway layout plan for Run hill Road in
the amount of $7,500.00 to Indefinitely Postpone consideration of
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funding until the 1996 Annual Town Meeting to explore alternative
solutions with the Planning Board and other Town Officials.
ACTION ON AMENDMENT: ADOPTED
MOTION: I move that Article 17 be amended by deleting Section 3,
Subsection c, entitled "Roadway Layout Plan/Great Fields Road",
under the Department of Public Works.
ACTION ON AMENDMENT: ADOPTED
AMENDED MAIN MOTION: I move that the Town vote to approve Article
17 as amended and to appropriate the total sum of $485,235.00 for
this purpose and in order to finance this article that the sum of
$369,715.00 be transferred from Free Cash; the sum of $101,000.00
be transferred from Golf Receipts Reserved for Appropriation
Account; the sum of $10,000.00 be transferred from the Ambulance
Receipts Reserved for Appropriation Account; and that the sum of
$4,520.00 be transferred from the Water Department Receipts
Account.
ACTION ON AMENDED MAIN MOTION: ADOPTED
18. TRI-TOWN SEPTAGE TREATMENT PLANT GRANT PROGRAM
ARTICLE 18. To see if the Town will vote to transfer
from available funds the sum of Fifty-Three Thousand One Hundred
and Sixteen and 00/100 ($53,116.00) Dollars for the purpose of
funding the Town's share of the local match required under the
terms and conditions of an amendment to the existing grant
agreement with the U. S. Environmental Protection Agency and
Massachusetts Department of Environmental Protection for the design
and construction of the septage treatment facility. The amendment
to the grant agreement will provide for an increase in funding to
undertake certain improvements to the existing facility necessary
to bring the facility into compliance with the provisions of its
Groundwater Discharge Permit. Any funds appropriated under the
provisions of Article 34 of the Fall Yearly Town Meeting, November
21, 1994 for the purpose of design engineering for plans and
specifications for improvements required at the Tri-Town Septage
Treatment Facility, or to take any other action relative thereto.
(Majority Vote Required) (Board of Managers and
Board of Selectmen)
MOTION: I move that the Town vote to approve Article 18 as
printed in the warrant, with an amendment to add in Line 12 after
the words "any funds appropriated", the following language:
"hereunder shall be in addition to the funds appropriated". and
to transfer the sum of $53,116.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
19. LEASE/BREWSTER WHITECAPS.
ARTICLE 19. To see if the Town will vote to authorize
the Board of Selectmen to negotiate and to enter an agreement with
Brewster Baseball Club, Inc. to lease, with possible options to
renew, the Commerce Park area designated as approximately twenty
(20) acres within Map No. 46, Parcel No. 41 for a period not
exceeding thirty years, to authorize the expenditure, over time and
on a matching basis with Brewster Baseball Club, Inc., of as much
as One Hundred and Fifty Thousand and 00/100 ($150,000.00) Dollars
for the construction and operation of recreational fields and
related facilities at the leased premises, and to authorize an
agreement for shared use of the fields and facilities, and to
transfer from available funds the sum of Fifty Thousand and 00/100
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($50,000.00) Dollars for expenditure by the Selectmen for these
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 19 as
printed in the warrant and to transfer the sum of $50,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED
20. REAPPROPRIATION OF TITLE V BETTERMENT ASSESSMENTS
ARTICLE 20. To see if the Towri will vote to accept the
condition of a grant from the Department of Environmental
Protection pursuant to 310 C:~iR 14.OU that requires that all monies,
repaid to the Town as betterment assessments pixrstiant. to M.G.L.
Chapter 80, M.G.L. Chapter 111, Section 127B 1/2 and 310 CMR 14.00
for the repair and replacement of failed on-site sewage systems, be
reappropriated for similar purposes, or the Town shall be required
to repay all such monies to the Commonwealth of Massachusetts, or
to take any other action relative thereto.
(Majority Vote Required) (Board of Health)
MOTION:, I move that the Town vote to approve Article 20 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
21. CHAPTER 90 ROAD MAINTENANCE FUNDING
ARTICLE 21. To see if the Town will vote to
appropriate through available funds the sum of Two Hundred and
Seventeen Thousand Nine Hundred and Fifty-Five and 00/100
($217,955.00) Dollars pursuant to Chapter 85 of the Acts of 1994,
as provided under the Chapter 90 local road and highway money from
the 1994-1995 Transportation Bond Bill, said funds shall be
expended to repair and resurface certain Town roads and their
appurtenances under the direction of the Board of Selectmen, or to
take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 21 as
printed in the warrant.
ACTION• ADOPTED
22. COMMUNICATIONS TOWER/FIRE/RESCUE/POLICE FACILITY
~ ARTICLE 22. To see if the Town will vote to authorize
the Police Chief to enter into a lease agreement in excess of three
(3) years, but not exceeding twenty (20) years, for the purpose of
leasing space on the communications tower at the Police and Fire
Station on Route 6A, or to take an`° other action relative thereto.
(Majority Vote Required) (Police Department)
MOTION: I move that the Town vote to approve Article 22 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
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23. EASEMENT/LIBRARY PROPERTY
ARTICLE 23. To see if the Town will vote to authorize
the Board of Selectmen to acquire by gift, purchase, or by eminent
domain, from the owners, a general easement along the westerly
boundary line of Parcel No. 6 of Map No. 25 of the Board of
Assessor's Maps, or to take any other action relative thereto.
(Two-Thirds Vote Required) (Board of Selectmen and
Library Trustees)
MOTION: I move that the Town vote to approve Article 23 as
printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
24. PURCHASE OF LAND.
ARTICLE 24. To see if the Town will vote to transfer
from available funds the sum of Forty-Five Thousand and 00/100
($45,000.00) Dollars for the acquisition by gift and/or for the
purchase of land, and/or for the taking by eminent domain, of land
for municipal purposes, said land is located on Freeman's Way,
identified as Parcel Nos. 30-2 and 30-1 of Map No. 52 of the Board
of Assessor's Maps, and to authorize the Board of Selectmen to
purchase said property or to acquire it by gift or by eminent
domain and to expend said funds for this purpose, 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 24 as
printed in the warrant and to transfer the sum of $45,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
25. ABANDONMENT OF PUBLIC WAY LAYOUT
ARTICLE 25. To see if the Town will vote to abandon
the public way layout for that portion of Robbins Hill Road which
runs easterly from Paines Creek Road approximately one thousand
(1000) feet, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to indefinitely postpone
consideration of Article 25.
ACTION• ADOPTED
26. WATER BETTERMENT LAKE SHORE DRIVE AND BLACKBERRY LANE
ARTICLE 26. To see if the Town will vote to authorize
the Board of Selectmen to acquire by gift, by purchase, or by
eminent domain all water easement rights needed to install a water
main with eight (8") inch pipe approximately 1,200 feet along a
portion of Lake Shore Drive from Sumner Lane to Blackberry Lane in
the Town of Brewster; to authorize the Board of Water Commissioners
to extend this water main in this fashion after the Water
Commissioners have determined that the requirements of the Brewster
Water Betterment Assessment Program have been satisfied; to raise
and appropriate and/or transfer from available funds a sum of money
to defray the initial costs of this project; to authorize the Town
Treasurer, with the approval of the Board of Selectmen, to borrow
the sum of Thirty-Three Thousand and 00/100 ($33,000.00) Dollars
under and pursuant to Massachusetts General Laws Chapter 44,
f]
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Section 8 and any other enabling authority and to issue notes and
bonds of the Town therefor in order to finance the total cost of
acquisition, engineering, construction, reconstruction, and any
related and incidental expenses; to raise and appropriate and/or
transfer from available funds a sum of money for the purpose of
paying interest on the notes issued iri anticipation thereof, and to
raise and appropriate and/or transfer from available funds raised
through the betterment assessment. of abutting landowners the Town's
costs and expenses for this project, or to take any other action
relative thereto.
(Two-Thirds Vote Required) (Water Commissioners)
MOTION: I move that the Town vote to approve Article 26 as
printed in the warrant and to transfer the si~m of $33,000.00 from
the Water Betterments Receipts Reserved for Appropriations Account.
for this pLrrpose.
ACTION: ADOPTED UNANIMOUSLY
27. WATER BETTERMENT PINE OAK DRIVE AND BETTY'S LANE
ARTICLE 27. To see if the Town will vote to authorize
the Board of Selectmen to acquire by gift, by purchase, or by
eminent domain all water easement rights needed to install a water
main with eight (8") inch pipe approximately 1,000 feet from
Crowell' s Bog Road along Pirie Oak Drive and Betty' s Lane in the
Town of Brewster; to authorize the Board of Water Commissioners to
extend this water main iri this fashion after the Water
Commissioners have determined that the requirements of the Brewster
Water Betterment Assessment Program have been satisfied; to raise
and appropriate and/or transfer from available funds a sum of money
to defray the initial costs of this project; to authorize the Town
Treasurer, with the approval of the Board of Selectmen, to borrow
the sum of Twenty-Eight Thousand and 00/100 ($28,000.00) Dollars
tinder and pursuant to Massachusetts General Laws Chapter 44,
Section 8 and any other enabling authority and to issue notes and
bonds of the Town therefor in order to finance the total cost of
acquisition, engineering, construction, reconstruction, and any
related and incidental expenses; to raise and appropriate and/or
transfer from available funds a sum of money for the purpose of
paying interest on the notes issued in anticipation thereof, and to
raise and appropriate and/or transfer from available funds raised
through the betterment assessment of abutting landowners the Town's
costs and expenses for this project, or to take any other action
relative thereto.
(Two-Thirds Vota Required)
(w'ater Commissioners)
MOTION: I move that the Town vote to approve Article 27 as
printed in the warrant and to transfer the sum of $28,000.00 from
the Water Betterments Receipts Reserved for Appropriations Account
for this purpose.
ACTION: ADOPTED UNANIMOUSLY
28. WATER BETTERMENT POND VIEW DRIVE AND QUARTERMASTER DRIVE
ARTICLE 28. To see if the Town will vote to authorize
the Board of Selectmen to acquire by gift, by purchase, or by
eminent domain all water easement rights needed to install a water
main with eight (8") inch pipe approximately 1,100 feet along a
portion of Pond View Drive and Quartermaster Drive in the Town of
Brewster; to authorize the Board of Water Commissioners to extend
this water main iri this fashion after the Water Commissioners have
determined that the requirements of the Brewster Water Betterment
Assessment Program have been satisfied; to raise and appropriate
and/or transfer from available funds a sum of money to defray the
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FYTM 11/20/95
initial costs of this project; to authorize the Town Treasurer,
with the approval of the Board of Selectmen, to borrow the sum of
Thirty-One Thousand Three Hundred and Seventy and 00/100
($31,370.00) Dollars under and pursuant to Massachusetts General
Laws Chapter 44, Section 8 and any other enabling authority and to
issue notes and bonds of the Town therefor in order to finance the
total cost of acquisition, engineering, construction,
reconstruction, and any related and incidental expenses; to raise
and appropriate and/or transfer from available funds a sum of money
for the purpose of paying interest on the notes issued in
anticipation thereof, and to raise and appropriate and/or transfer
from available funds raised through the betterment assessment of
abutting landowners the Town's costs and expenses for this project,
or to take any other action relative thereto.
(.Two-Thirds Vote Required) (Water Commissioners)
MOTION: I move that the Town vote to indefinitely postpone
consideration of Article 28.
ACTION: ADOPTED UNANIMOUSLY
29. STABILIZATION FUND
ARTICLE 29. To see if the Town will vote to add a sum
of money to the Stabilization Fund and to transfer from available
funds the sum of Six Hundred Thousand and 00/100 ($600,000.00)
Dollars 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 29 as
printed in the warrant and to transfer the sum of $600,000.00 from
Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
30. ANY OTHER BUSINESS
ARTICLE 30. To act on any other business that may
legally come before this meeting.
MOTION: I move that this meeting be adjourned.
ACTION: ADOPTED UNANIMOUSLY
MEETING ADJOURNED at 9:58 p.m.
A TRUE COPY ATTEST:
Joan K. Cole
Town Clerk
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