HomeMy Public PortalAbout1997-05-05 Annual Town Mtg ReportReport of the
ANNUAL TOWN MEETING
May 5, 1997
In accordance with the Warrant, the Annual Town Meeting was held in the
Brewster Elementary School Cafetorium, Monday, May 5, 1997.
The meeting was called to order at 7:07 p.m. by the Moderator, Stephen L.
Doyle. The Tellers were Althea E. Alling, Kenneth Berbrick, June Gallant,
Ann Golini, Ruth Hanlon, Mary Howe, Eleanor Nielsen, and William Nielsen.
The Checkers were Catherine Flaherty, Germaine I. Cummins, Elizabeth Hardy,
Dorothy D. Leone, Sharon Morgan, Peter Norton, Sherry A. Ryder, John Unger,
and Mildred Unger.
A quorum was present.
The Town Clerk, Joan K. Cole, read the Annual Town Meeting Warrant and the
return of the Warrant. There being no objection, the Moderator dispensed
with the reading of all the articles.
MOTION: I move that the Town vote to approve the Consent Calendar
which comprises Articles 1, 2, 13, 19, 24, 30, and 80.
ACTION: ADOPTED UNANIMOUSLY
RECESSED the Annual Town Meeting in order to open the Special Town Meeting
at 7:15 p. m.
RECONVENED the Annual Town Meeting at 7:15 p. m.
ANNUAL REPORTS
ARTICLE 1. To act upon the Annual Town Report of the Board of Selectmen,
Town Officers and/or other Special Committees, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: Moved under the consent calender.
ACTION: ADOPTED UNANIMOUSLY
HERRING FISHERIES
ARTICLE Z. To see if the Town will vote to take no action regarding its
Herring or Alewife Fishery, or to take any other action relative thereto.
(Majority Vote Required) (Alewife Committee)
MOTION: Moved under the consent calender.
ACTION: ADOPTED UNANIMOUSLY
TOWN OPERATING BUDGET
ARTICLE 3. To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to defray Town charges
and expenses, and to further fix salary and compensation of all elected of
officials of the Town as provided in Section 108 of Chapter 41 of the General
Laws, as amended, for the Fiscal Year ending June 30, 1998, as follows:
or to take any other action relative thereto.
(Majority Vote Required however, should the motion include a transfer of
money from the Stabilization Fund, which is anticipated, then aTwo-Thirds
Vote will be required. )
(Finance Committee)
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DEPARTMENT
34 RECYCLING EXPENSES
35 STREET LIGHTING EXPENSES
36 BOARD OF HEALTH WAGES
VISITING NURSE ASSOC.
EXPENSES
37 COUNCIL ON AGING WAGES
EXPENSES
38 OLD TOWN HALL MAINTENANCE
39 VETERANS' SERVICES
40 BREWSTER LADIES LIBRARY
41 RECREATION WAGES
EXPENSES
42 GOLF WAGES
EXPENSES
43 BIKEWAY COMMITTEE
44 PARKS ADVISORY COMMITTEE
45 HISTORIC DISTRICT WAGES
EXPENSES
ASSESSMENTS
46 MEMORIAL/VETERANS' DAY
47 OLD MILL SITES COMMITTEE
48 WATER COMMISSIONER'S WAGES
WATER STAFF WAGES
OPERATING EXPENSES
EQUIPMENT EXPENSES
GRAND TOTAL
FINOOM
EXPENDED APPROPRIATED REQUESTED RECOMMENDATION
FY 96 FY 97 FY 98 FY 98
$889.29 $1,500.00 $1,000.00 $1,000.00
$12,108.19 $12,153.00 $12,760.00 $12,760.00
$95,632.46 $100,816.00 $99,117.00 $99,117.00
$7,655.49 $10,000.00 $9,890.00 $9,890.00
$7,344.25 $6,670.00 $6,785.00 $6,785.00
$97,189.74 $103,613.00 $106,412.00 $106,412.00
$7,020.00 $8,255.00 $9,155.00 $9,155.00
$16,145.00 $7,650.00 $9,000.00 $9,000.00
$14,365.31 $20,416.00 $21,093.00 $21,093.00
$205,383.62 $230,225.00 $243,596.00 $243,596.00
$60,297.09 $66,425.00 $68,460.00 $68,460.00
$25,764.88 $25,788.00 $22,908.00 $22,908.00
$390,692.91 $416,148.00 $420,164.00 $420,164.00
$241,486.25 $253,665.00 $268,046.00 $268,046.00
$0.00 $25.00 $0.00 $0.00
$0.00 $25.00 $0.00 $0.00
$5,563.60 $7,194.00 $5,257.00 $5,257.00
$919.18 $900.00 $600.00 $600.00
$3,000.00 $3,000.00 $3,000.00 $3,000.00
$1,241.13 $1,100.00 $1,300.00 $1,300.00
$3,210.00 $3,150.00 $3,150.00 $3,150.00
$2,200.00 $2,200.00 $2,200.00 $2,200.00
$335,395.86 $365,230.00 $370,619.00 $370,619.00
$122,542.62 $137,029.00 $146,368.00 $146,368.00
$7,095.49 $6,050.00 $6,020.00 $6,020.00
$9,747,024.11 $10,883,933.00 $10,840,563.00 $10,840,563.00
or to take any other action relative thereto.
TION: I move that the Town vote to approve Article 3 as printed in the warrant:
and, in order to appropriate this total sum of $10,840,563.00, that the Town raise and
appropriate the sum of $9,498,960.00 and transfer the sums of $132,100.00 from the
Land Damage Trust Fund; $4,003.00 from the Wetlands Filing Fees Fund; $80,500.00 from the
Ambulance Receipts Reserved for Appropriation Account; $75,000.00 from the Overlay
Reserve Account; $800,000.00 from the Stabilization Fund and $250,000.00 from Free Cash
for this purpose.
MOTION: I move that the Town vote to approve Article 3 as printed in the warrant,
however, that Line Item 36, Board of Health Wages, be amended from $99,117.00 to $104,952.00
and that the grand total be amended from $10,840,563.00 to $10,846,398.00, and further, in
order to appropriate this total sum of $10,846,398.00 that the Town raise and appropriate
the sum of $9,504,75.00 and transfer the sum of $132,100.00 from the Land Damage Trust Fund;
$4,003.00 from the Wetland Filing Fees Fund; $80,500.00 from the Ambulance Receipts
Reserved for Appropriation Account; $75,000.00 from the Overlay Reserve Account; $800,000.00
from the Stabilization Fund and $250,000.00 from Free Cash for this purpose.
ACTION: ADOPTED YES 456
ENDED ARTICLE 3, AS VOTED
NO 15
FINOOM
EXPENDED APPROPRIATED REQUESTED REOOhMENDATION
DEPARTMENT FY 96 FY 97 FY 98 FY 98
1 MODERATOR'S WAGES $300.00 $300.00 $300.00 $300.00
2 SELECTMEN'S WAGES $5,000.00 $5,250.00 $5,250.00 $5,250.00
SELECTMEN STAFF WAGES $31,088.22 $32,559.00 $32,709.00 $32,709.00
EDUCATIONAL REIMB $1,153.65 $1,500.00 $1,500.00 $1,500.00
EXPENSES $24,997.55 $17,100.00 $20,450.00 $20,450.00
3 GREENHEAD FLY ASSESSMENT $517.50 $518.00 $518.00 $518.00
4 TOWN ADMINISTRATOR WAGES $136,656.13 $142,607.00 $143,561.00 $143,561.00
EXPENSES $4,000.00 $4,660.00 $4,450.00 $4,450.00
DEPARTMENT
5 FINANCE COMMITTEE EXPENSES
RESERVE FUND
6 ACCOUNTANT WAGES
AUDIT OF ACCOUNTS
EXPENSES
COMPUTER EXPENSES
7 ASSESSOR WAGES
EXPENSES
8 TREASURER/COLLECTOR WAGES
EXPENSES
9 LEGAL EXPENSES
10 TOWN CLERK'S WAGES
TOWN CLERK STAFF WAGES
EXPENSES
11 ELECTION WAGES
EXPENSES
12 REGISTRAR WAGES
EXPENSES
13 CONSERVATION WAGES
EXPENSES
14 PLANNING WAGES
EXPERT FEE
EXPENSES
15 INSPECTION VEHICLE POOL
16 APPEALS BOARD WAGES
EXPENSES
17 TOWN OFFICE MAINT. WAGES
EXPENSES
18 TOWN REPORT EXPENSES
19 DRUMMER BOY MUSEUM EXPENSE
20 DEBT SERVICE
21 FRINGE BENEFITS
22 RETIREMENT/PENSION
23 UNCLASSIFIED
24 LIABILITY INSURANCE
25 CONSTABLE WAGES
26 POLICE WAGES
EXPENSES
STATION EXPENSES
27 FIRE/RESCUE WAGES
EXPENSES
RESCUE EXPENSES
28 BUILDING INSPECTOR WAGES
EXPENSES
29 WEIGHTS/MEASURES WAGES
EXPENSES
30 DOG OFFICER EXPENSES
31 DEPT OF NATURAL RESOURCES
EXPENSES
SHELLFISH PROPAGATION
32 ALEWIVES COMMITTEE WAGES
EXPENSES
33 DPW WAGES
ROAD MACHINERY
DUTCH ELM DISEASE
SNOW & ICE CONTROL
INSECT/PEST CONTROL
EXPENSES
SOLID WASTE DISPOSAL
34 RECYCLING EXPENSES
35 STREET LIGHTING EXPENSES
36 BOARD OF HEALTH WAGES
VISITING NURSE ASSOC.
EXPENSES
EXPENDED
FY 96
$940.15
$76,278.74
$69,555.83
$13,000.00
$1,694.70
$33,528.73
$83,547.88
$19,822.87
$118,993.20
$38,032.44
$91,882.22
$34,344.00
$23,081.95
$6,658.06
$5,737.78
$4,163.00
$10,724.16
$4,672.78
$65,331.77
$3,175.00
$21,239.47
$3,789.20
$3,077.85
$0.00
$5,683.67
$353.55
$55,359.71
$42,450.44
$7,835.00
$96.02
$2,687,079.40
$638,307.72
$472,531.14
$75,533.49
$211,640.00
$250.00
$960,313.27
$98,453.10
$71,377.33
$500,707.91
$43,096.32
$24,654.72
$171,961.02
$7,034.26
$1,802.52
$122.76
$9,350.00
$43,019.15
$9,103.51
$4,500.00
$150.00
$418.88
$550,521.96
$25,255.15
$0.00
$125,533.51
$936.00
$133,949.73
$167,515.68
$889.29
$12,108.19
$95,632.46
$7,655.49
$7,344.25
APPROPRIATED
FY 97
$900.00
$125,000.00
$75,508.00
$13,000.00
$1,895.00
$35,745.00
$93,870.00
$14,420.00
$123,546.00
$53,270.00
$80,000.00
$35,992.00
$23,148.00
$7,250.00
$9,000.00
$4,925.00
$11,350.00
$7,167.00
$69,210.00
$2,900.00
$22,180.00
$0.00
$3,180.00
$0.00
$5,534.00
$570.00
$56,911.00
$44,200.00
$8,200.00
$500.00
$3,343,205.00
$775,213.00
$499,722.00
$78,945.00
$299,956.00
$250.00
$986,930.00
$97,400.00
$73,550.00
$502,936.00
$44,050.00
$28,000.00
$171,925.00
$7,975.00
$0.00
$550.00
$9,350.00
$45,477.00
$7,900.00
$4,500.00
$1,450.00
$1,000.00
$580,312.00
$22,500.00
$300.00
$54,150.00
$1,000.00
$158,835.00
$163,460.00
$1,500.00
$12,153.00
$100,816.00
$10,000.00
$6,670.00
REQUESTED
FY 98
$900.00
$125,000.00
$77,287.00
$13,000.00
$1,975.00
$36,270.00
$95,048.00
$15,755.00
$125,701.00
$49,067.00
$80,000.00
$37,904.00
$24,024.00
$5,567.00
$2,033.00
$2,502.00
$12,380.00
$7,575.00
$71,003.00
$3,000.00
$22,769.00
$0.00
$3,250.00
$1,500.00
$5,534.00
$500.00
$56,508.00
$38,700.00
$8,700.00
$500.00
$3,212,804.00
$805,639.00
$459,979.00
$85,200.00
$212,282.00
$250.00
$987,359.00
$109,250.00
$86,800.00
$530,918.00
$45,900.00
$34,600.00
$173,480.00
$8,700.00
$0.00
$0.00
$10,000.00
$45,759.00
$24,000.00
$4,500.00
$1,450.00
$1,000.00
$584,794.00
$22,400.00
$0.00
$60,000.00
$1,000.00
$164,270.00
$198,639.00
$1,000.00
$12,760.00
$104,952.00
$9,890.00
$6,785.00
FINCOM
REOOhMENDATION
FY 98
$900.00
$125,000.00
$77,287.00
$13,000.00
$1,975.00
$36,270.00
$95,048.00
$15,755.00
$125,701.00
$49,067.00
$80,000.00
$37,904.00
$24,024.00
$5,567.00
$2,033.00
$2,502.00
$12,380.00
$7,575.00
$71,003.00
$3,000.00
$22,769.00
$0.00
$3,250.00
$1,500.00
$5,534.00
$500.00
$56,508.00
$38,700.00
$8,700.00
$500.00
$3,212,804.00
$805,639.00
$459,979.00
$85,200.00
$212,282.00
$250.00
$987,359.00
$109,250.00
$86,800.00
$530,918.00
$45,900.00
$34,600.00
$173,480.00
$8,700.00
$0.00
$0.00
$10,000.00
$45,759.00
$24,000.00
$4,500.00
$1,450.00
$1,000.00
$584,794.00
$22,400.00
$0.00
$60,000.00
$1,000.00
$164,270.00
$198,639.00
$1,000.00
$12,760.00
$99,117.00
$9,890.00
$6,785.00
1
1
ATM 5/5/97
DEPARTMENT
37 COUNCIL ON AGING WAGES
EXPENSES
38 OLD TOWN HALL MAINTENANCE
39 VETERANS' SERVICES
40 BREWSTER LADIES LIBRARY
41 RECREATION WAGES
EXPENSES
42 GOLF WAGES
EXPENSES
43 BIKEWAY COMMITTEE
44 PARKS ADVISORY COMMITTEE
45 HISTORIC DISTRICT WAGES
EXPENSES
ASSESSMENTS
46 MEMORIAL/VETERANS' DAY
47 OLD MILL SITES COMMITTEE
48 WATER COMMISSIONER'S WAGES
WATER STAFF WAGES
OPERATING EXPENSES
EQUIPMENT EXPENSES
GRAND TOTAL
ELEMENTARY SCfI00L OPERATING BUDGET
(Finance Committee)
TICLE 4. To see if the Town will vote to raise and/or transfer from available
funds a sum of money to defray Elementary School charges and expenses, for the Fiscal
Year ending June 30, 1998, as follows:
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY 96 FY 97 FY 98
1 BREWSTER ELEMENTARY SCHOOL
EXPENSES $3,079,979.95 $3,639,303.00 $4,085,507.00
OUT-~F-STATE TRAVEL $452.30 $683.00 $350.00
TOTAL ELEMENTARY SCFIOOL $3,080,432.25 $3,639,986.00 $4,085,857.00
or to take any other action relative thereto.
(Majority Vote Required}
(Finance Committee)
TION: I move that the Town vote to approve Article 4, however that the Brewster
ementary Schools budget for FY98 be amended from the sum of $4,085,857.00 to
,024,256.00; and that the Town raise and appropriate the sum of $4,024,256.00 for this
purpose
FINOOM
EXPENDED APPROPRIATED REQUESTED REOOht~4ENDATION
FY 96 FY 97 FY 98 FY 98
$97,189.74 $103,613.00 $106,412.00 $106,412.00
$7,020.00 $8,255.00 $9,155.00 $9,155.00
$16,145.00 $7,650.00 $9,000.00 $9,000.00
$14,365.31 $20,416.00 $21,093.00 $21,093.00
$205,383.62 $230,225.00 $243,596.00 $243,596.00
$60,297.09 $66,425.00 $68,460.00 $68,460.00
$25,764.88 $25,788.00 $22,908.00 $22,908.00
$390,692.91 $416,148.00 $420,164.00 $420,164.00
$241,486.25 $253,665.00 $268,046.00 $268,046.00
$0.00 $25.00 $0.00 $0.00
$0.00 $25.00 $0.00 $0.00
$5,563.60 $7,194.00 $5,257.00 $5,257.00
$919.18 $900.00 $600.00 $600.00
$3,000.00 $3,000.00 $3,000.00 $3,000.00
$1,241.13 $1,100.00 $1,300.00 $1,300.00
$3,210.00 $3,150.00 $3,150.00 $3,150.00
$2,200.00 $2,200.00 $2,200.00 $2,200.00
$335,395.86 $365,230.00 $370,619.00 $370,619.00
$122,542.62 $137,029.00 $146,368.00 $146,368.00
$7,095.49 $6,050.00 $6,020.00 $6,020.00
$9,747,024.11 $10,883,933.00 $10,840,563.00 $10,846,398.00
ACTION: ADOPTED
ATM 5/5/97
NAUSET REGIONAL SCHOOL DISTRICT OPERATING BUDGET
ARTICLE 5. To see if the Town will vote to raise and appropriate and/or transfer
from available funds a sum of money to defray Nauset Regional School charges and expenses
for the Fiscal Year ending June 30, 1998, as follows:
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY 96 FY 97 FY 98
NAUSET REGIONAL ASSESSMENT $3,852,084.00 $4,402,528.00 $4,848,174.00
TOTAL NAUSET ASSESSMENT $3,852,084.00 $4,402,528.00 $4,848,174.00
or to take any other action relative thereto.
(Finance Committee)
(Majority Vote Required, however, should the motion include a transfer of funds from the
Stabilization Fund, which is anticipated, then a Two-Thirds Vote will be required.)
(Finance Committee)
MOTION: I move that the Town vote to approve Article 5 as printed in the warrant:
and that the Town raise and appropriate the sum of $4,848,174.00 for this purpose.
ACTION: DEFEATED
MOTION: I move that the Town vote to approve Article 5 as printed in the warrant,
and that the Town raise and appropriate the sum of $4,848,174.00 for this purpose,
however, that this approval and funding be conditional upon the approval of three (3)
of the four (4} communities of the Nauset Regional School District.
ACTION: ADOPTED YES 271 NO 217
CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET
ARTICLE 6. To see if the Town will vote to raise and appropriate and/or transfer
from available funds a sum of money to defray Cape Cod Vocational Technical High School
charges and expenses for the Fiscal Year ending June 30, 1998, as follows:
FINOOM
EXPENDED APPROPRIATED REQUESTED REOOI~~MENDATION
DEPARTMENT FY 96 FY 97 FY 98 FY 98
CAPE COD TECH ASSESSMENT $294,669.00 $267,120.00 $408,545.00 $408,545.00
TOTAL C.C. TECH ASSESSMENT $294,669.00 $267,120.00 $408,545.00 $408,545.00
or to take any other action relative thereto.
(Majority Vote Required)
(Finance Committee)
MOTION: I move that the Town vote to approve Article 6 as printed in the warrant
and to raise and appropriate the sum of $408,545.00 for this purpose.
ACTION: ADOPTED
ATM 5/5/97
CAPITAL EXPENDITURES
ARTICLE 7. To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money for the purpose of
funding the following capital acquisitions and expenditures to be undertaken
during Fiscal Year 1998 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
service as the case may be:
RAISE AND TRANSFER FROM
APPROPRIATE AVAILABLE
FUNDS
ITEM/DEPARTMENT
1.Recreation Department
a.Tennis Courts Backboard Construction $ 1,800.00
b.Sailing Program Expenses 23,000.00
c.Long Pond Safety Equipment 2,700.00
2.Board of Health
a.Household Hazardous Waste Collection Program 12,000.00
3.Department of Natural Resources
a.Groundwater Monitoring Equipment 3,000.00
4.Town Clerk
a.Ballot Equipment 13,500.00
S.Department of Public Works
a.Infield Grooming Machine 8,000.00
b.Pick-up Truck Replacement 35,000.00
c.Solid Waste Trailer Replacement 40,000.00
d.Garage Emissions Exhaust Removal System 9,500.00
e.Porta-John Screens Project 2,500.00
f.Road/Drainage Improvement Projects 60,000.00
6.Board of Selectmen
a.Postal Equipment 34,000.00
b.Town Hall Fields Improvements 1,000.00
c.Municipal Information System Upgrade 400,000.00
d.Town Hall Telephone System 30,000.00
e.Drummer Boy Park Sign 1,500.00
7.Golf Department
a.Groundmaster Mowing Equipment 17,500.00
b.Copy Machine 3,900.00
B.Water Department
a.Excavation Shoring Equipment 3,000.00
b.Confined Space Safety Equipment 4,000.00
c.Water Meter Reading and Testing Equipment 7,220.00
d.Water Standpipe Rehabilitation Project 16,000.00
e.Soil Compactor 3,400.00
f.Construction Account 70,000.00
9.Conservation Commission
a.Conservation Fund 7,500.00
b.Matott House Building Repairs 10,000.00
l0.School Department
a.Floor Tile Replacement Program 29,100.00
b.Window Replacement Project 116,000.00
11. Fire Department
a.Ambulance Replacement 100,000.00
b.Automatic Defibrillator Equipment 10,000.00
c.Radio Equipment Upgrade 25,000.00
d.Ladder Truck Lease Payment 14,000.00
e.Rescue Equipment 7,500.00
f.Rescue Billing 14,000.00
TOTAL $440,100.00 $695,520.00
ATM 5/5/97
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen )
MOTION: I move that the Town vote to approve Article 7 as printed
in the warrant; however, that the following funding requests be amended:
4a) Town Clerk ballot equipment from $13,500.00 to 0.
5c) DPW solid waste trailer from $40,000.00 to 0.
6a) Postal equipment from $34,000.00 to 0.
6d) Town Hall telephone system from $30,000.00 to $20,000.00.
9b) Matott House building repairs from $10,000.00 to 0.
lOb) Window replacement project -that this funding request will be
conditioned to require the review and approval by the building and
needs assessment committee prior to the expenditure of these funds.
llb) Automatic defibriller equipment from $10,000.00 to $9,900.00.
l lc) Radio equipment upgrade from $25,000.00 to 0.
therefore, that the total appropriation be amended from the sum of
$1,135,620.00 to $1,003,020.00 and in order to fund this appropriation that the
Town raise and appropriate the sum of $332,600.00 and transfer the sums of
$105,620.00 from the Water Revenues Account; $145,400.00 from the Ambulance
Receipts Reserved for Appropriation Account; $19,400.00 from the Golf Receipts
Reserved for Appropriation Account; and $400,000.00 from Free Cash for these
purposes.
MOTION: I move that the Town vote to approve Article 7 as printed
in the warrant; however, that the following funding requests be amended:
1) Recreation Department Sailing Program from $23,000.00 to 0.
Therefore, that the total appropriation be amended from the sum of
$1,003,020.00 to the sum of $980,020.00, and in order to fund this appropriation
that the Town raise and appropriate the sum of $309,600.00 and transfer the
sums of $105,620.00 from the Water Revenues Account; $145,400.00 from the
Ambulance Receipts Reserved for Appropriation Account; $19,400.00 from the
Golf Receipts Reserved for Appropriation Account; and $400,000.00 from Free
Cash for these purposes.
ACTION: DEFEATED
MOTION: I move that the Town vote to approve Article 7 as printed
in the warrant; however, that the following funding requests be amended:
5b) DPW Pick-up Truck from $35,000.00 to 0.
therefore, that the total appropriation be amended from the sum of
$1,003,020.00 to the sum of $968,020.00, and in order to fund this appropriation
that the Town raise and appropriate the sum of $297,600.00 and transfer the
sums of $105,620.00 from the Water Revenues Account; $145,400.00 from the
Ambulance Receipts Reserved for Appropriation Account; $19,400.00 from the
Golf Receipts Reserved for Appropriation Account; and $400,000.00 from Free
Cash for these purposes.
ACTION: DEFEATED
ACTION ON MAIN MOTION: ADOPTED UNANIMOUSLY
NON-UNION WAGE EXPENSE
ARTICLE 8. To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to fund wage and salary
adjustments for eligible employees covered by the Personnel By Law and other
non-union employees, effective July 1, 1997, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
ATM 5/5/97
MOTION: I move that the Town vote to approve Article 8 as printed
in the warrant and to raise and appropriate the sum of $38,000.00 for this
purpose.
ACTION• ADOPTED
SEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE 9. To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to be used to meet the
terms and conditions of the proposed Collective Bargaining Agreement,
effective July 1, 1997, between the Town of Brewster and the Service
Employee's International Union, Local 254, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen )
MOTION: I move that the Town vote to approve Article 9 as printed
in the warrant and to raise and appropriate the sum of $29,000.00 for this
purpose.
ACTION: ADOPTED
OPEIU, UNITS A & B, COLLECTIVE BARGAINING AGREEMENT
ARTICLE 10. To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to be used to meet the
terms and conditions of the proposed Collective Bargaining Agreement,
effective July 1, 1997, between the Town of Brewster and the Office and
Professional Employee's International Union, Units A & B, or to take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 10 as printed
in the warrant and to raise and appropriate the sum of $20,000.00 for this
purpose.
ACTION: ADOPTED
OPEIU, UNIT C, COLLECTIVE BARGAINING AGREEMENT
ARTICLE 11. To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to be used to meet the
terms and conditions of the proposed Collective Bargaining Agreement,
effective July 1, 1997, between the Town of Brewster and the Office and
Professional Employee's International Union, Unit C or its successor, 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 11.
ACTION: ADOPTED TO INDEFINITELY POSTPONE
BALLOT QUESTION/APPOINTED BOARD OF ASSESSORS
ARTICLE 12. To see if the Town will vote to reauthorize the Board of
Selectmen to place the following question on an official annual election ballot:
Shall the Town vote to have its Selectmen appoint its
Board of Assessors? Yes No
or to take any other action relative thereto.
(Majority Vote Required) (Board of Assessors)
ATM 5/5/97
ACTION: I move that the Town vote to approve Article 12 as printed
in the warrant.
MOTION: ADOPTED UNANIMOUSLY
AMENDMENT TO THE NAUSET REGIONAL SCHOOL DISTRICT AGREEMENT
ARTICLE 13. To see if the Town will vote to amend the Nauset Regional
School District Agreement by adding the following new section:
"SECTION XI -CAPITAL PLAN
The Nauset Regional School Committee shall cause to be prepared afive-,near
Capital Plan, which shall be updated annually."
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
MOTION: Moved under the Consent Calendar
ACTION: ADOPTED
AMENDMENT TO THE NAUSET REGIONAL SCHOOL DISTRICT AGREEMENT
ARTICLE 14. To see if the Town will vote to amend the Nauset Regional
School Agreement, Section III - Locations of Regional District Schools, by
deleting the phrase "and within a five mile radius from the intersection of Mid
Cape Highway (Route 6) and Samoset Road (in Eastham)" so that Section III, in
its entirety, will thereafter read as follows: The regional district schools shall
be located within the district;" or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
MOTION: I move that the Town vote to approve Article 14 as printed
in the warrant.
ACTION: ADOPTED UNANIMOUSLY
ASSESSMENT FORMULA FOR NAUSET SCHOOL DISTRICT
ARTICLE 15. To see if the Town will vote to accept the provisions of
Massachusetts General Laws, Chapter 71, Section 16B, as recently amended,
which would reallocate the sum of the member towns' required contributions
to the Nauset Regional School District in accordance with the Regional
Agreement rather than the Education Reform formula, so-called, or to take any
other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
MOTION: I move that the Town vote to approve Article 15 as printed
in the warrant.
ACTION: DEFEATED YES 173 NO 194
SPECIAL LEGISLATION FOR NAUSET SCHOOL DISTRICT
ARTICLE 16. To see if the Town will vote to endorse special legislation
enabling Nauset Regional School District towns to assess support for the
Regional School District according to the terms of the Regional Agreement,
rather than the terms of the Education Reform Act of 1993; and to do so by a
single round of town meeting votes, rather than annual votes to that effect,
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
MOTION: I move that the Town vote to indefinitely postpone Article
16.
ACTION: ADOPTED TO INDEFINITELY POSTPONE
ATM 5/5/97
MEETING ADJOURNED at 10:00 p.m.
MEETING TO RECONVENE May 6, 1997 - NO QUORUM
MEETING RECONVENED on May 12, 1997 at 7:10 p. m.
VISITOR'S CENTER/BREWSTER BOOK AND MAP GUIDE
ARTICLE 17. To see if the Town will vote to raise and appropriate,
and/or transfer from available funds, the sum of Eighteen Thousand and
00/100 ($18,000.00) Dollars to assist with the annual publication of the
Brewster Book and Map Guide, which advertises the Town's attractions,
amenities, and services; to provide funds for the operation of the Brewster
Visitor's Center; to enable the Board of Trade and Chamber of Commerce to
appropriately advertise Brewster in order to increase room tax revenue to the
Town, or to take any other action relative thereto.
(Majority Vote Required) (Citizen's Petition )
MOTION: I move that the Town vote to approve Article 17 as printed
in the warrant and to raise and appropriate the sum of $18,000.00 for this
purpose.
MOTION: I move that the Town vote to amend Article 17 to reduce
the appropriation from the sum of $18,000.00 to $14,000.00.
ACTION: DEFEATED
ACTION ON MAIN MOTION: ADOPTED
COMMUNITY SEPTIC MANAGEMENT PROGRAM
ARTICLE 18. To see if the Town will vote to appropriate a sum of money
for the purpose of financing the following water pollution abatement facility
projects: repairs, replacement and/or upgrade of septic systems, pursuant to
agreements with the Board of Health and residential property owners,
including without limitation all costs thereof as defined in Section 1 of Chapter
29C of the General Laws; to determine whether this appropriation shall be
raised by borrowing from the Massachusetts Water Pollution Abatement Trust
or otherwise, or to take any other action relative thereto.
(Majority Vote Required) (Board of Health)
MOTION: I move that the Town vote to approve Article 18 as printed
in the warrant with no money.
ACTION: ADOPTED UNANIMOUSLY
SPECIAL DETAIL ACCOUNT/FIRE DEPARTMENT
ARTICLE 19. To see if the Town will vote to authorize the Town
Accountant to establish a special detail account for the Fire Department, said
account to be administered by the Fire Chief through the Town Accountant
and Town Treasurer, or to take any other action relative thereto.
(Majority Vote Required) (Fire Chief)
MOTION: Moved under the Consent Calendar
ACTION• ADOPTED
SHARED BEACH STICKER PROGRAM
ARTICLE 20. To see if the Town will vote to authorize the Board of
Selectmen to work cooperatively with the Board of Selectmen of the Town of
Harwich to develop aone-year program for shared beach stickers between
Brewster and Harwich, for some or all of our various town landings and
beaches, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
ATM 5/5/97
MOTION: I move that the Town vote to approve Article 20 as printed
in the warrant.
ACTION: ADOPTED
CREATION OF PLANNING DEPARTMENT
ARTICLE 21. To see if the Town will vote to amend the Code of the Town
of Brewster so that the Planning Department by-law, to be designated as
Section 5-5 of Article V of Chapter 5, will read hereafter as follows:
The Planning Department shall be charged with the responsibility for
managing the town's planning functions, as defined by the Board of
Selectmen after receiving advice from the various town boards,
committees, commissions, councils, and town officers. The Planning
Department shall also perform such functions and responsibilities
as required by law, special act, general laws, or vote of the town.
and furthermore to raise and appropriate and/or transfer from available funds
a sum of money 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 21 as printed
in the warrant however, that the words "Section 5.5" be amended to read
"Section 5.9" and to raise and appropriate the sum of $35,000.00 for related
contracted salaries and benefits for this purpose.
ACTION: DEFEATED
TOWN GOVERNMENT STRUCTURE AMENDMENT
ARTICLE 22. To see if the Town will vote to amend the structure of town
government to transfer to the Planning Board the responsibility of selecting
and hiring the town planner, and, after the town planner is hired, to assign
to the planning board the responsibility for directing and administering the
town planner's work, including performance reviews and salary administration,
or to take any other action relative thereto.
(Majority Vote Required) (Citizen's Petition)
MOTION: I move that the Town vote to approve Article 22 as printed
in the warrant.
ACTION: DEFEATED
CREATION OF A HEALTH AND HUMAN SERVICES COMMITTEE
ARTICLE 23. To see if the Town will vote to amend the Code of the Town
of Brewster by adding the following by-law as Chapter 16, Article I, Section
16-1 and 16-2:
Section 16-1. There is hereby created a Health and Human Services
Committee. This Committee shall consist of up to nine (9) members appointed
by the Board of Selectmen. Three (3) members shall be appointed for one {1)
year; three (3) members shall be appointed for two (2) years; three (3}
members shall be appointed for three (3) years; and all members thereafter,
unless filling the remainder of an unexpired term, shall be appointed for three
(3) years. The Board of Selectmen, for good cause, may remove members from
this Committee.
Section 16-2. The Health and Human Services Committee is established
to enhance the quality of life of all Brewster residents by ensuring a range of
health and human services in an effective and cost efficient manner. This
Committee shall evaluate and assess the health and human service needs of
the Town, shall review and weigh requests for financial assistance, shall set
priorities, and shall submit recommendations concerning the funding of those
agencies and organizations best able to provide needed services to the Town;
J
1
1
ATM 5/5/97
or to take anv other action relative thereto.
(Majority Vote Required) (Board of Health)
MOTION: I move that the Town vote to approve Article 23 as printed
in the warrant.
ACTION• ADOPTED
AMENDMENT TO THE CODE OF THE TOWN OF BREWSTER
ARTICLE 24. To see if the Town will vote to amend Section A of Article
XV of Chapter 12 (Building and Needs Assessment Committee) of the Code of
the Town of Brewster by deleting "five-member" and by substituting "seven-
member" and by authorizing the Board of Selectmen to appoint one (1)
additional member for an initial term ending on June 30, 1999 and another
additional member for an initial term ending on June 30, 2000,or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen}
MOTION: Moved under the Consent Calendar
ACTION• ADOPTED
AMENDMENT TO THE CODE OF THE TOWN OF BREWSTER
ARTICLE 25. To see if the Town will vote to repeal Section 172-8 of
Chapter 172 of the Code of the Town of Brewster and to substitute therefor
the following:
A. Wetlands protection rules and regulations may be adopted, amended,
and repealed from time to time but only in the manner hereinafter provided.
The adoption, amendment, or repeal of such local rules and regulations ("rules
changes") may be initiated by the Conservation Commission or by a petition
submitted by either the Board of Selectmen or by twenty-five (25) registered
voters of the town.
B. Within fourteen (14) days of its preparation of a draft rules change
or within fourteen f 14) days of its receipt of a petitioned rules change, the
Conservation Commission shall forward to the Board of Selectmen for comment
a copy of the proposed change and shall schedule a public hearing to be held
within thirty (30) days in order to consider the selectmen's comments, to
receive public input, and to deliberate the merits of the proposed rules
change. Notice of the time and place of the hearing of the subject matter
sufficient for identification and of the place where the text and any relevant
maps may be inspected shall be published in a newspaper of general
circulation in the town once in each of two successive weeks and with the
second publication to be not less than fourteen (14) days before the dap of
the hearing and by posting a notice in a conspicuous space in the Town Hall
for a period of not less than fourteen (14) daps before the day of the
hearing.
C. After the conclusion of the public hearing, the Conservation
Commission shall forward the proposed rules change to the Board of Selectmen.
If the rules change was initiated by the Conservation Commission, the
Conservation Commission may modify it after its public hearing and may
forward it in an amended form, but if the miles changes was submitted by
petition, the proposal shall not be changed without the petitioners' consent.
The Conservation Commission shall forward its comments and recommendations
along with such petitioned changes.
D. After its receipt of any proposed rules change, the Board of
Selectmen shall include it in the warrant for the next town meeting. No
proposed rules change shall become effective unless it is approved by town
meeting, but a majority vote shall suffice to approve the rules change which
shall become effective thereafter.
E. After public notice and public hearing, the Conservation Commission
shall have the authority to promulgate non-wetlands protection rules and
ATM 5/5/97
regulations. Public notice shall include publication of all such proposed non-
wetlands protection rules changes in a newspaper of general circulation in the
town not less than twenty-one (21) days prior to the public hearing.
F. The adoption of this amendatory by-law shall not affect any
Conservation Commission rules and regulations in effect prior to this by-law
amendment's effective date. The invalidity of any rule or regulation adopted
under the authority of this by-law shall not affect the validity of any other ,
rule or regulation so adopted.
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the Town vote to approve Article 25 as printed
in the warrant; however, that the words "procedural and" be added in Section
E, in the second line, after the word "promulgate" and before the word "non-
wetlands".
ACTION: DEFEATED YES 177 NO 212
AMENDMENT TO THE CODE OF THE TOWN OF BREWSTER
ARTICLE 26. To see if the Town will vote to repeal paragraph B of
Section 172-7 of the Code of the Town of Brewster and to substitute therefor
the following:
(1) Permits shall expire three 13) years from the date of issuance.
Any permit may be renewed once for an additional one-,year
(1) period, provided that a request for extension is received,
in writing, by the Commission prior to the expiration of the
permit, or to take any other action relative thereto.
(Majority Vote Required) (Conservation Commission)
MOTION: I move that the Town vote to approve Article 26 as printed
in the warrant.
ACTION: ADOPTED UNANIMOUSLY
TRIENNIAL REVALUATION OF REAL AND PERSONAL PROPERTY
ARTICLE 27. To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of Twenty-One Thousand and
00/100 ($21,000.00) Dollars to perform the triennial revaluation of real and
personal property in the Town of Brewster, and to authorize the Board of
Selectmen/Assessors to solicit bids and/or proposals, enter into a contract or
contracts and expend said funds for this purpose, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Assessors)
MOTION: I move that the Town vote to approve Article 27 as printed
in the warrant and to transfer the sum of $21,000.00 from the Overlay Surplus
Account for this purpose.
ACTION: ADOPTED UNANIMOUSLY
ENGINEERING/PROFESSIONAL SERVICES FOR A NEW CEMETERY
ARTICLE 28. To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of Twenty-Five Thousand and
00/100 ($25,000.00) Dollars to develop a proposal for a new cemetery. Said
funds will be utilized for engineering and other professional services in
relation to this project, and, furthermore, to authorize the Building and Needs
Assessment Committee to solicit bids and/or proposals, enter into a contract or
contracts and to expend said funds for this purpose, or to take any other
action relative thereto.
(Majority Vote Required) (Building and Needs Assessment Committee)
ATM 5/5/97
MOTION: I move that the Town vote to approve Article 28 as printed
in the warrant; however, that the funding request be amended from the sum
of $25,000.00 to $9,500.00 and to raise and appropriate the sum of $9,500.00 for
this purpose.
ACTION: ADOPTED UNANIMOUSLY
LAYOUT ACCEPTANCE/AIRLINE ROAD
ARTICLE 29. To see if the Town will vote to authorize the Board of
Selectmen to layout and make public the way known as Airline Road; and to
authorize the Board of Selectmen to acquire by gift, by purchases, or by
eminent domain all land, easements and rights needed to lay out this way as a
Town way; and to raise and appropriate and/or transfer from available funds
a sum of money to pay for acquiring real estate interests and the costs of
engineering, and related expenses in connection therewith, 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 29 as printed
in the warrant and to raise and appropriate the sum of $15,000.00 for this
purpose.
ACTION: ADOPTED UNANIMOUSLI'
DRAINAGE EASEMENT
ARTICLE 30. To see if the Town will vote to authorize the Board of
Selectmen to accept a drainage easement for an area being granted by the
owners of the property located off Tubman Road, on Parcel No. 90 of Map No.
26 of the Board of Assessors' Maps, which will enable the Town to handle
storm water along sections of this road, or to take any other action relative
thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: Moved under the consent calendar.
ACTION: ADOPTED UNANIMOUSLY
FIRE/POLICE DEPARTMENT FACILITIES IMPROVEMENT
ARTICLE 31. To see if the Town will vote to amend item No. 4a. (Design
Services/Fire Station) of Article 1?/Capital Expenditures of the November, 1995
Fall Yearly Town Meeting to expand the scope of the feasibility study to
include the evaluation of alternate locations for either the Fire or the Police
facilities; along with the current proposal which calls for the analysis of the
renovation and/or expansion of the existing facilities and to raise and
appropriate and/or transfer from available funds a sum of money, and,
furthermore, to authorize the Building and Needs Assessment Committee to
solicit bids and/or proposals, enter into a contract or contracts and expend
said funds for this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Building and Needs Assessment Committee)
MOTION: I move that the Town vote to approve Article 31 as printed
in the warrant.
ACTION• ADOPTED
COMMUNICATIONS TOWER
ARTICLE 32. To see if the Town will vote to authorize the Board of
Selectmen, acting through the Town Administrator to enter into a lease
agreement in excess of three (3) years for the purpose of leasing space for a
communications tower on Town-owned property, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
ATM 5/5/97
MOTION: I move that the Town vote to lay Article 32 on table and to
consider Articles 75, 76, and 77.
ACTION: ADOPTED
AMENDMENT TO ZONING BYLAW
ARTICLE 75. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article I, Section 179-2 B to ADD in proper
alphabetical sequence a NEW Definition "Communication Tower" as follows:
"Communication Tower: Afree-standing or guyed vertical structure designed
for the purpose of supporting communication antennas, including but not
limited to microwave transmitting and/or receiving antennas, microwave
reflectors, broadcasting antennas, cellular telephone antennas, pager antennas
and cable television antennas. Structures transmitting only visible light are
excluded from this definition,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
MOTION: I move that the Town vote to approve Article 75, 76, and 77
as printed in the warrant; however, that the last sentence of Article 75 should
be amended to read as follows:
"Structures transmitting only visible light are excluded from this
definition and this definition shall not apply to the construction or use of an
antenna structure by a federally licensed amateur radio operator."
ACTION: ADOPTED YES 306 NO 31
AMENDMENT TO ZONING BYLAW
ARTICLE 76. To see if the Town will vote to amend the Zoning Bylaw by
"INSERTING into its index in the proper numerical order the following NEW
entry:
179-40.1 Communication Towers
AND by ADDING "Communication Tower Overlay District - CT" to the list of
districts enumerated in Section 179-3,"or to take any other action relative
thereto.
(Two-Thirds Vote Required) (Planning Board)
MOTION: Moved under Article 75
ACTION: ADOPTED YES 306 NO 31
AMENDMENT TO ZONING BYLAW
ARTICLE 77. To see if the Town will vote to amend the Zoning Bylaw by
revising Chapter 179, Article IX, Special Regulations to "ADD a NEW Section as
follows:
179-40.1 Communication Towers
A) A Communication Tower Overlay District, as a new district and as
outlined on a map in the Town Clerk's office, is hereby established and all
Communication Towers over 35' in height shall be located in that district.
B) The Communication Tower Overlay District consists of the following
parcels shown on the current Assessors' Map cited below:
Map 44, Parcels: 8, 9, 10, 13, 15, 16, 17, 18, 18-1, 19, 19-1, 19-2, 19-3, 21,
22-1, 22-2, 23, 24, 25, 27, 28, 29, 30, 30-1, 33, 34, 34-1, 34-2, 35, 37.
?slap 45, Parcels: 1, 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
ATM 5/5/97
22-23, 22-24, 23, 24-21, 24-22, 24-28, 25, 26, 27, 28, 30, 31, 32, 32-1, 33, 33-
1,34, 35-1, 35-2, 36, 37, 39, 39-1, 40, 41, 42, 43, 44, 45,45-1, 46, 58-1, 59, 66, 67,
68, 69, 70-1, 70-2, 71, 72,76, 77, 78, 79, 80-1, 80-2.
Map 46, Parcels: 1, 2, 3, 4, 5, 6, 9, 12-1, 12-2, 12-3, 14-1, 14-2, 31, 32, 33, 34,
34-1, 35, 39, 40, 41, 41-2, 55, 56, 57, 58, 81.
. Map 47, Parcels: 24, 25, 26, 27, 28, 29, 32-1, 32-2, 32-3, 33, 35, 36, 37, 38, 42,
43, 46, 47, 48, 50, 51, 52, 58, 64, 90, 91.
Map 52, Parcels: 1, 2-l, 2-2, 3, 6, 17, 18, 24, 26, 27, 29, 30-1, 30-2, 70, 94.
Map 53, Parcels: 3, 6-l, 6-4, 6-6.
C) Purpose: The purpose of this Article is to protect the public health,
safety, and welfare by providing for siting communication towers in a fashion
that will allow orderly growth of communication technology in a manner that
will preserve property values and the historic and cultural assets of the Town
of Brewster.
D) All communication towers under 35' (thirty five feet) in height shall be
allowed as a matter of right in all districts. Communication towers in excess
of 35' (thirty five feet) in height shall be allowed only by a Special Permit
granted by the Planning Board.
E) All communication towers shall be designed to withstand a minimum
wind loading of 150 miles per hour with one half inch ice loading with
designed antenna complement, including potential future antenna. A stress
analysis of any proposed tower, prepared by a professional engineers, shall be
filed with the Building Commissioner and approved by him prior to the
activation of a Special Permit.
F) Layout of any communication tower site shall be such that in the event
the tower shall fall, it shall fall within the confines of the tower site.
G) Adequate access shall be provided for entry of emergency vehicles to
the tower site.
H) Gasoline or diesel generators to provide normal or emergency power to
the tower and/or the equipment building(s) associated with the tower are
prohibited. Only generators fueled by propane or liquid natural gas are
allowed. If a generator is installed, an impervious enclosure under the
generator shall be provided to capture any leaking lubricating oil or grease.
I) All towers shall comply with FAA rules with regard to painting and
lighting.
J1 Evidence of coordination as to height and location with the FAA with
respect to local airports shall be included with the application for the Special
Permit.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
MOTION: Moved under Article 75
ACTION: ADOPTED YES 306 NO 31
COMMUNICATIONS TOWER
ARTICLE 32. To see if the Town will vote to authorize the Board of
Selectmen, acting through the Town Administrator to enter into a lease
agreement in excess of three l3) years for the purpose of leasing space for a
communications tower on Town-owned property, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
ATM 5/5/97
MOTION: I move that the Town vote to approve Article 32 as printed
in the warrant; however that a lease agreement cannot exceed thirty years.
ACTION: ADOPTED
LAKES AND PONDS MONITORING PROGRAM
ARTICLE 33. To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of Twenty-Five Hundred and
00/100 ($2,500.00) Dollars for an evaluation and monitoring program for Long
Pond in cooperation with the Town of Harwich and to authorize the Department
of Natural Resources to solicit bids, enter into contracts, and to expend said
funds; furthermore, to authorize the Department of Natural Resources to apply
for and accept grant proceeds 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 33 as printed
in the warrant and to raise and appropriate the sum of $2,500.00 for this
purpose.
ACTION: ADOPTED UNANIMOUSLY
PUNKHORN HABITAT
ARTICLE 34. To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of Three Thousand Five Hundred
and 00/100 ($3,500.00) Dollars to finance expenses associated with the
Punkhorn Parklands wildlife habitat management project, and furthermore, to
authorize the Conservation Commission to apply for and accept grants for this
purpose, or to take any other action relative thereto.
(Majority Vote Required) (Conservation Commission)
NO MOTION
NO VOTE
ENGINEERING AND PROFESSIONAL SERVICES FOR TOWN MEETING
ARTICLE 35. To see if the Town will vote to authorize the Ad Hoc
Committee to Study Location, Parking and Lighting for Holding Town Meetings
to enter into a contract or contracts for engineering and other professional
services in order to develop a comprehensive plan to facilitate improved
pedestrian and vehicular safety for the Brewster Elementary School property,
which is located on Underpass Road, and to raise and appropriate and/or
transfer from available funds a sum of money for these purposes, or to take
any other action relative thereto.
(Majority Vote Required)
(Ad Hoc Committee to Study Location, Parking and Lighting for Holding Town
Meetings)
MOTION: I move that the Town vote to approve Article 35 as printed
in the warrant and to raise and appropriate the sum of $4,600.00 for this
purpose.
ACTION• ADOPTED
ATM 5/5/97
~~
1
ARTICLE 79 TAKEN OUT OF ORDER
HUMAN SERVICES FUNDING
ARTICLE 79. To see if the Town will vote to raise and appropriate
and/or transfer from available funds these sums of money, for the following
organizations:
1. Cape Cod Child Development Program
2. Cape Cod Council on Alcoholism
3 Cape Cod Human Services
4. Consumer Assistance Council
5. Independence House
6. Legal Services of Cape Cod and Islands
7. Lower Cape Human Services Committee
8. Lower Cape Outreach Council, Inc.
9. Nauset, Inc.
10. AMI of Cape Cod and Islands, Inc.
11. Interfaith Council for the Homeless
12. Lower Cape Cod Community Development
(New Request)
TOTAL
$ 4,728.00
4,500.00
9,966.00
1,000.00
2,448.00
3,500.00
9,809.00
3,500.00
5,725.00
1,000.00
2,500.00
1,000.00
$49,676.00
and to authorize the Board of Selectmen, the Board of Health or the School
Committee, as appropriate, to enter into contracts with these organizations in
order to provide those desired social services for residents of Brewster, or to
take any other action relative thereto.
MOTION: I move that the Town vote to approve Article 79 as printed
in the warrant, with the exception that the following items and related funding
requests be amended as shown below:
1. Cape Cod Child Development Program $ 4,590.00
3. Cape Cod Human Services 6,792.00
5. Independence House 2,326.00
6. Legal Services of Cape Cod 3,350.00
8. Lower Cape Outreach Council, Inc. 3,000.00
9. Nauset, Inc. 5,700.00
11. Interfaith Council for the Homeless 2,000.00
12. Lower Cape Cod Community Development (New Request) -0-
and to raise and appropriate the sum of $44,067.00 for
these purposes.
ACTION: ADOPTED UNANIMOUSLY
MOTION: I move that the Town vote to adjourn this meeting and
reconvene on May 13, 1997.
ACTION- ADOPTED
COMPOST BIN GRANT REVOLVING FUND
ARTICLE 80. To see if the Town will vote to reauthorize the Home
Composting Bin Account Program in accordance with Section 53E 1/2 of
Chapter 44 of the General Laws; to deposit revenues generated from the sale
of compost bins into the revolving fund to purchase additional compost bins;
and to authorize the Board of Selectmen during the ensuing fiscal ,year to
enter into contracts and expend from this revolving account an amount not
exceeding the funds on deposit in the account or the limits set by statute, or
to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: Moved under the consent calendar
ACTION- ADOPTED
ATM 5/5/97
MEETING ADJOURNED at 10:12 p.m.
MAY 13, 1997 - NO QUORUM
THE FOLLOWING ARTICLES WERE NOT ACTED UPON
TRANSFER OF LAND TO BREWSTER HOUSING AUTHORITY
ARTICLE 36. To see if the Town will vote to transfer the title, for no
consideration, of approximately 8.8 acres of Town-owned land, adjacent to the
Frederick Court Elderly Housing complex, identified on Assessor's Map No. 24
as Lot No. 45, to the Brewster Housing Authority for the purpose of
developing and operating an elderly housing and/or congregate care facility,
and, furthermore, to raise and appropriate and/or transfer from available
funds the sum of Fifteen Thousand and 00/100 ($15,000.00) Dollars for the
Brewster Housing Authority as pre-development funding for a feasibility study
and for related professional services to create plans for the construction and
operation of an elderly housing and congregate care facility, or to take any
other action relative thereto.
(Two-Thirds Vote Required) (Brewster Housing Authority)
TRANSFER OF LAND FROM BREWSTER HOUSING AUTHORITY
ARTICLE 37. To see if the Town will vote to authorize the Board of
Selectmen to accept a portion of land located on Map No. 53, Lot No. 3, which
is to the west of the eastern boundary of the Commonwealth Electric
Company's Right of Way, or to take any other action relative thereto.
(Majority Vote Required) (Brewster Housing Authority)
AMENDMENT TO ZONING BYLAW
ARTICLE 38. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article XII, Section 179-66, Subsection (4) as
follows:
"REPLACE the words "of this Article" as it appears within this Section with
the words "of the Zoning Bylaw,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 39. To see if the Town will vote to amend the Brewster Zoning Bylaw
by revising Chapter 179, Article X, Section 179-51.A.(5)(a)[1~ as follows:
"REPLACE the words "Brewster's Comprehensive Plan" with the words
"Brewster's Master Plan,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 40. To see if the Town will vote to amend the Brewster Zoning Bylaw
by revising Chapter 179, Article VI, as follows:
"REPLACE the words "Sign Commissioner" with the words "Building
Commissioner" as they appear throughout Article VI of Brewster's Zoning
Bylaw,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ATM 5/5/97
AMENDMENT TO ZONING BYLAW
ARTICLE 41. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article I, Section 179-2 A as follows:
"REPLACE the words "United States Bureau of the Census" with the words
"Executive Office of the President, Office of Management and Budget,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 42. To see if the Town will vote to amend the Brewster Zoning Bylaw
by revising Chapter 179, Article I, Section 179-6(E)(3) as follows:
"DELETE the words "for private use" as currently written,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 43. To see if the Town will vote to amend the Brewster Zoning Bylaw
by revising Chapter 179, Article X, Section 179-51 as follows:
"DELETE the current second and third sentence of Section 179-51 A. (1) in its
ENTIRETY,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 44. To see if the Town will vote to amend the Brewster Zoning Bylaw
by revising Chapter 179, Article ~, Section 179-46 to DELETE Section 179-46 as
currently written and SUBSTITUTE as follows:
"Section 179-46. Establishment of Fees.
The permit granting authority and special permit granting authority may
establish reasonable fees for the revie~ti~ of plan and/or permit submissions as
required by the Zoning Bylaw,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 45. To see if the Town will vote to amend the Brewster Zoning Bylaw
by revising Chapter 179, Article I, Section 179-2 B to ADD in proper
alphabetical sequence a NEW Definition of Commercial Accommodations as
follows:
"Commercial Accommodations: Premises for rental to one or more transient
guest(s); these premises include, but are not limited to, uses commonly
referred to as bed and breakfast inns, boarding, lodging or tourist homes,
motels, hotels or inns,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board )
ATM 5/5/97
AMENDMENT TO ZONING BYLAW
ARTICLE 46. To see if the Town will vote to amend the Brewster Zoning Bylaw
by revising Chapter 179, Article I, Section 179-2 B to ADD in proper
alphabetical sequence a NEW Definition of Restaurant as follows:
"Restaurant: An establishment in which food is prepared and served and
customers' orders are taken and served at dining tables. A restaurant that
otherwise satisfies the above-noted definition may contain one (1) takeout
station. Restaurant establishments providing in-car, drive through service are
prohibited,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 47. To see if the Town will vote to amend the Brewster Zoning Bylaw
by revising Chapter 179, Article I, Section 179-2 B as follows:
"ADD in proper alphabetical sequence a NEW Definition as follows:
Stable -Any structure used to house equines,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 48. To see if the Town will vote to amend the
Brewster Zoning Bylaw by revising Chapter 179, Article I, Section 179-2 B to
ADD in proper alphabetical sequence a NEW Definition of Substantially More
Detrimental as follows:
"Substantially More Detrimental: Any change, extension or expansion of a
pre-existing use or structure which creates or extends a new dimensional
non-conformity, impairs views or vistas, unreasonably creates new noises,
activities or other interferences or does not, in the opinion of the special
permit granting authority, reasonably conform to the average dimensions and
customary uses found in the neighborhood where the structure or use is
located,"
or• to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 49. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article I, Section 179-2 B by repealing the
present definition of Lodging House and by ADDING in pr oper alphabetical
sequence a NEW Definition for Guest Unit and Lodging Ho use as follows:
"Guest Unit: A room or suite of rooms which is located in a commercial
accommodation and which is suitable for rental by one or more transient
guest(s).
Lodging House: A principal structure designed and built for single family use
and existing on a lot as of January 1, 1957, which may provide rooms (not
more than 12) for the use of individuals not living as a single housekeeping
unit, but sharing a common dining facility. This definition also includes bed
and breakfast inns, boarding, tourist homes and the like,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ATM 5/5/97
1
~~
AMENDMENT TO ZONING BYLAW
ARTICLE 50. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article I, Section 179-2 B to ADD in proper
alphabetical sequence a NEW Definition of Transient Guest(s):
"Transient guests 1: Paying guest(s) who stay at a commercial accommodation
and whose stay is no longer than six consecutive weeks nor more than
forty-two (42} calendar days within any twelve month period,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 51. To see if the Town will vote to amend the
Brewster Zoning Bylaw by revising Chapter 179, Article I, Section 179-2 B as
follows:
"DELETE current definition of "Buildable Uplands" in its entirety,"
or to take any other action relative thereto.
(Two-Thirds Vote Required)
(Planning Board)
ARTICLE 52. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article I, Section 179-2 Bas follows:
"DELETE current definition of "Essential Services" in its entirety,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 53. To see if the Town will vote to amend the
Brewster Zoning Bylaw by revising Chapter 179, Article I, Section 179-2 B as
follows:
"DELETE current definition of "Board" in its entirety,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 54. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article I, Section 179-2 B to DELETE the
current Definition of Parking Space and SUBSTITUTE as follows:
"Parking Space - An off-street space having an area of not less than two
hundred (200) square feet approximately ten (10) feet by twenty (201 feet,
plus access and maneuvering space, whether inside or outside a structure, for
exclusive use as a parking stall for one (1) motor vehicle, and further being
surfaced with a durable material,"
or to take any other action relative thereto.
(Two-Thirds Vote Required)
AMENDMENT TO ZONING BYLAW
(Planning Board)
ARTICLE 55. To see if the Town will vote to amend the Brewrster Zoning
Bylaw by revising Chapter 179, Article I, Section 179-2 B to DELETE the
Current Definition of Use, Accessory, and SUBSTITUTE as follows:
ATM 5/5/97
"Use, Accessory; A use of land or building(s) on the same lot with, and
incidental but secondary to, a permitted use. A use shall not be considered
an accessory use if more than 25% of the floor area or 50% of the lot area is
occupied by or devoted to such use. In addition, an accessory use must be a
permitted or otherwise authorized use within the zoning district,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 56. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article I, Section 179-2 B to DELETE the current
definition of Structure, and SUBSTITUTE as follows:
"Structure: Anything constructed or erected, the use of which requires a fixed
location on the ground or attachment to something located on the ground,
including tennis courts and swimming pools if more than six (6) inches deep or
ninety-six (96) square feet in area, but not including retaining walls or fences,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 57. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article I, Section 179-2 B to DELETE the current
definition of "Building" and SUBSTITUTE as follows:
"Building, Principal: The structure in which the primary use of the lot is
conducted and which includes porches, decks, utility buildings or any other
attached projections of the structure. The principal structure shall include a
structure, whether portable or fixed, wholly or partly enclosed within walls,
party walls and roof, built, erected and framed of component structural parts,
designed for housing, shelter, enclosure and support of individuals, animals or
property of any kind. For purposes of this definition, "roof" shall include an
awning or any similar covering, whether or not permanent in nature,"
or to take any other action relative thereto.
(Two-Thirds Vote Required)
AMENDMENT TO ZONING BYLAW
(Planning Board)
ARTICLE 58. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article IV, Section 179-11, Table of Use
Regulations, B, Table 1, "Retail and service", subsection 1 and 21, as follows:
"DELETE current Subsection 1 and 21 and SUBSTITUTE therefor the following:
R-R R-L R-M C-H V-B I MRD CT
1. Retail sales of p p
goods and products.
21. Communications p p p p P P P P
towers under 35'
in height.
ALSO ADD a NEW Subsection 21.a as follows:
21.a Communications S
towers over 35'
in height"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
1
1
1
ATM 5/5/97
fl
1
1
AMENDMENT TO ZONING BYLAW
ARTICLE 59. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article IV, Section 179-11, Table of Use
Regulations, B, Table 1, "Residential", Subsection 10, as follows:
R-R R-L R-M C-H V-B I MRD
"10. Recreational camp S S S S S
for children.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 60. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article IV, Section 179-11, Table of Use
Regulations, B, Table 1, "Community facilities", Subsections 3, 4, 5, 6, 7 and 9 to
read as follows:
"3. Nonprofit recreation
facility, not
including a
membership club
4. Nonprofit country,
hunting, fishing,
tennis or golf club.
5. Nonprofit day camp or
other nonprofit camp.
6. Town building, police
station and fire
station, except
equipment garage
R-R R-L R-M C-H V-B I MRD
S S S S S
S S S
S S S
S S S
7. Town equipment garage S
9. Historical S S S
association
or society."
or to take any other action relative thereto.
(Two-Thirds Vote Required)
AMENDMENT TO ZONING BYLAW
S S
S S
S S S
S S S
S S
(Planning Board)
ARTICLE 61. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article IV, Section 179-11, Table of Use
Regulations, B, Table 1, "Community facilities" as follows:
"DELETE in their entirety Subsection 14. Essential Services and also DELETE
Subsection 20. Storage of deicing materials,"
or to take any other action re]ative thereto.
(Two-Thirds Vote Required) (Planning Board )
ATM 5/5/97
AMENDMENT TO ZONING BYLAW
ARTICLE 62. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article IV, Section 179-11, Table of Use
Regulations, B, Table 1, "Agriculture", Subsection 2, as follows:
R-R R-L R-M C-H V-B I MRD
"2. Year-round greenhouse
or stand for wholesale F P
and retail sale of
agricultural or farm
produce"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 63. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article IV, Section 179-11, Table of Use
Regulations, B, Table 1, "Agriculture" as follows:
"DELETE Subsection 3. Year-round greenhouse or stand and also, DELETE
Subsection 9. Raising and keeping of poultry for personal use, provided that the
land parcel contains a minimum of 15,000 square feet,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 64. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article V, Section 179-16 by ADDING the following
language as a NEW SENTENCE to footnote 6 in Table 2:
"A structure not exceeding 100 square feet may be placed no closer than ten (10 )
feet to a side or rear yard lot line,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 65. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article VI, Section 179-19, as follows:
"DELETE the Current Definition of "Sign" and SUBSTITUTE as follows:
SIGN
Any device designed to inform or attract the attention of persons not on the
premises on which the device is located, including windows and all building
surfaces. The following, however, shall not be considered signs within the
context of this Article:
a) flags and insignia of any government except when displayed in connection
with commercial promotion;
b) legal notices, or informational signs erected or required by government
bodies;
c) temporary signs (not to exceed 30 days) erected for a charitable or
religious cause;
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d) temporary signs (not to exceed 30 days) inside display windows, covering
not more than 25% of window area, illuminated by building illumination
only;
e) standard gasoline pumps bearing thereon in usual size and form the name,
type, and price of gasoline;
f) integral decorative or architectural features of building, except letters,
trademarks, moving parts, or parts internally illuminated or decorated
with gaseous tribe or other lights,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 66. To see if the Town will vote to amend the Brewster Zoning
Bylaw, Chapter 179, Article VI, by revising Section 179-19 as follows:
"DELETE the following current definitions in their entirety:
ABANDONED SIGN, A-FRAME SIGN, CHANGEABLE-COPY SIGN, CONSTRUCTION SIGN,
GOVERNMENT SIGN, SIGN COMMISSIONER, TEMPORARY SIGN, and V-SHAPED SIGN,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board )
AMENDMENT TO ZONING BYLAW
ARTICLE 67. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article VI, Section 179-20 to DELETE Section
179-20 in its entirety and SUBSTITUTE NEW Section 179-20 as follows:
"179-20 Signs permitted in residential districts.
A. Residential uses; No Permit Required
(1) One (1) sign per street frontage which displays the name of
the house or the name of the people residing therein, not to exceed two (2)
square feet in area on esch side;
(2) Two (2) signs not to exceed two (2) square feet in area placed
on either side of an entrance drive; or
(3) One (1) quarterboard sign, attached to a building or fence, not
to exceed six (6) square feet.
(4) One (1) non-illuminated sign fora home occupation business
not to exceed four (4) square feet in area.
(5) One (1) free-standing sign for each town-owned community
facility or other nonprofit facility not to exceed twelve (12) square feet and one
(1) wall, projecting, or roof sign not to exceed six (6) square feet.
(6) One (1) free-standing sign for each public road frontage of a
Town Conservation Area, not to exceed six (6) square feet.
B. Non-residential Uses; Permit Required (see Section 179-20.7 ).
(1) One (1) double-faced sign which displays the name of the
activity or business conducted therein, said sign not to exceed four (4) square
feet on each side; or
(2) A quarterboard sign or other sign attached to a building, said
sign not to exceed six (6) square feet in area.
C. Antique shops are allowed one single or double faced sign not to
exceed four (4) square feet in area.
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D. A single or double-faced, identification sign for identifying a
subdivision, not to exceed (6) six square feet,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 68. To see if the Town will vote to amend the Brewster Zoning Bylaw
by revising Chapter 179, Article VI, Sections 179-20.1, 179-20.2 and 179-20.3 as
follows:
"ADD after each heading "Permit Required (see Section 179-20.7),"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 69. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article VI, Section 179-20.3 as follows:
"DELETE Subsection 179-20.3 A in its entirety and Renumber Section 179-20.3 B
as Section 179-20.3 A and Renumber Section 179-20.3 C as Section 179-20.3 B,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 70. To see if the Town will vote to amend the Brewster Zoning
Bylaw by revising Chapter 179, Article VI, Section 179-20.5 to DELETE Section
179-20.5 in its entirety and SUBSTITUTE NEW Section 179-20.5 as follows:
"Section 179-20.5. Regulations Applying to Miscellaneous Categories of Signs.
A. No Permit Required
1. Directional or traffic safety signs. In addition to other permitted
signs, directional, warning or traffic signs necessary for the public safety and
convenience of customers, employees, visitors and the public are permitted in all
areas. Signs shall not exceed one (1) square foot in area, and a maximum of four
(4) will be allowed per site. The Building Commissioner may grant exceptions to
this subsection on a case-by-case basis if he/she finds that the site requires
more or larger signs.
2. A sign denoting the name of a way may be placed at the
intersection of a public way and a private way and/or at the intersection of two
(2) unposted private ways. Said sign shall not exceed six by thirty-six (6 x 36)
inches in area and shall be of a reflective background, and, if more than one (1)
sign is necessary at such intersections, then all such signs shall be affixed to
a single signpost, frame structure, or other support.
3. Temporary signs. Temporary signs cannot be used for more than
twelve (12) months but are permitted in all zones. Some may require a permit
from the Building Commissioner. The sign shall be removed at the end of this
period. The Building Commissioner shall ensure that signs shall be legible.
4. Window signs. Window signs are permitted as long as the total
area of all such signs does not exceed twenty-five percent (25%) of all window
area on which the signs appear.
5. Construction signs and real estate signs.
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(a) Signs are permitted in all zones.
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(b) Not more than one (1) sign is permitted on a single site.
(c) Signs may not exceed four (4) square feet in area.
(d) Signs must be placed on the site.
(e) Signs shall be removed within seven (7) days of issuance
of occupancy Permit or transfer of ownership.
6. Political signs. Political signs are permitted in all districts on
private property with the approval of the property owner and shall not exceed
four (4) square feet in area and shall be removed within seven (7) days following
the event to which it refers.
7. Mailboxes. Numerals identifying street numbers and/or letters
naming the occupant of a building may be placed on both sides of a mailbox or
on the door, with letters not to exceed two and one-half (2 1/2) inches in height,
and numerals not to exceed four (4) inches in height. Advertising on mailboxes
is not permitted.
8. Informational signs specific to a public or private nonprofit
purpose, such as handicapped accessible, public rest rooms, public phone or
tourist and visitor information, shall be permitted on private and nonprofit
premises. Such signs shall not exceed one (1) square foot in area, and no more
than one (1) sign shall be permitted per premises except as required by the
Massachusetts Architectural Access Board or the Federal Americans with
Disabilities Act. International sign code symbols shall be used where possible.
9. Interpretive displays proposed by a town governmental bod,v or
a nonprofit educational organization to convey environmental regulations and
explain environmental significance and public purpose of a program or policy,
such as resource protection, at a public or private nonprofit site.
(a) A maximum of four (4) such signs shall be permitted per
site. The maximum area of a single such sign shall not exceed twenty-four (24)
square feet, provided that said sign is not visible from the vantage point of any
other such sign. In situations where signs are to be visible from one another,
signs shall not exceed six (6) square feet in area, and the highest point after
installation shall not exceed forty-eight (48) inches.
(b) Signs in excess of six (6) square feet shall be installed
angled twenty degrees (20) from the horizontal plane so as to reduce visual
obstruction. The highest point of the sign after installation shall be thirty-six
(36) inches from the ground. Signs shall not block or obstruct a scenic view or
visual corridor. The Building Commissioner may further restrict the size,
number,location and visual appearance of these signs on a case-by-case basis
if he/she finds after a public hearing that the proposed sign or signs would
significantly detract from in area's natural character.
10. Visitor information signs. Not-for-profit organizations providing
visitor information to the general public are permitted to erect one (1) sign not
exceeding six (6) square feet in size to advise the public of this service. One (1)
visitor information sign will be permitted in Brewster at a location designated by
the Board of Selectmen. This sign is allowed in addition to any other signs
allowed by the Brewster Sign Code at the site.
11. Signs destroyed or damaged. Any sign which has been
destroyed or damaged to the extent that the cost of repair or restoration will
exceed one-third (1/3) of the replacement value on the date of destruction shall
not be repaired, rebt.iilt, restored or altered unless in conformity with this
Article.
B. Permit Required (see Section 179-20.7)
1. Changeable-copy signs. When necessary to inform the public of
changing events, activities, dates, times and other matters of important interest,
the Building Commissioner may issue a permit for achangeable-copy sign not to
exceed eight (8) square feet in area. Signs must be legible.
2. Accessory signs. The total area of an accessory sign cannot
exceed one (1) square foot.
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3. Subdivision lot plan signs. These are permitted if not in excess
of twelve (12) square feet on any subdivision with eight (8) lots or more,
provided that no "for sale" signs are placed on the individual lots. The sign
shall be placed within the s ubdivision and not easily visible from the abutting
way. Individual lot number signs not in excess of on e (1) square foo t may be
placed on each lot.
4. Special event signs. When an activity is to be opened in a
nonresidential district, the owner may put up an informational sign not in excess
of twelve (12) square feet in area, which may remain in place for not more than
fifteen (15) days.
5. Regulatory or safety signs, including those conveying regulations
related to a public purpose or resource protection program.
(a) The Building Commissioner shall hold an advertised public
hearing prior to granting such a sign permit. The Building Commissioner may
waive the requirement for a public hearing for immediate posting of temporary
environmental protection signs or temporary warning signs not exceeding one (1)
square foot in area for the protection of property or for the public health or
safety.
(b) Regulatory or safety signs shall be consolidated and
coordinated in content and appearance to the greatest extent possible with any
existing signs in order to eliminate visual clutter and confusion. International
Sign Code Symbols shall be used where possible to eliminate text. Lettering shall
be no more than two (2) inches in height, and sign area is to be minimized to the
greatest extent possible without reducing legibility.
(1) Vertical signs. Regulatory or safety signs shall not exceed six
(6) square feet in area, and a maximum of two (2) will be allowed per site.
Maximum height after installation shall be eight (8) feet from ground level.
(2) Angled signs. Regulatory or safety signs exceeding ten (10)
square feet in area shall be installed angled twenty degrees (20) from the
horizontal plane so as to reduce visual obstruction. Angled signs shall have a
headboard labeling the nature of the information contained on the sign, such as
"Beach and Landing Regulations," "Shellfish Regulations," etc. The height of the
top of the headboard shall not exceed forty-eight (48) inches from the ground.
Parking shall be restricted so as to eliminate the obstruction of said signs,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 71. To see if the Town will vote to amend the Brewster Zoning
Bylaw Chapter 179, Article VI, Section 179-20.6 as follows:
"MOVE Section 179-20.6 to NEW Section 179-20.7 and ADD NEW Section 179-20.6 as
follows:
Section 179-20.6. Illumination of Signs.
If signs are illuminated, this shall be accomplished by a direct or external light
source. Light bulbs or tubes shall not be visible to the motoring public from a
public way. Directional signs, internally lit, are permitted when not in excess of
one (1) square foot in area,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 72. To see if the Town will vote to amend the
Brewster Zoning Bylaw by revising Chapter 179, Article VI, Section 179-20.7.
Enforcement; maintenance; abandoned signs; appeals as follows:
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"DELETE Current A. (2) (a} and RENUMBER A. (2) Ib) as A. (2) la)."
"DELETE Current A. (6) (c) and (d) and SUBSTITUTE as follows:
(c) Third offense and any subsequent offense: fine of fifty ($50.00) dollars each
citing."
"DELETE Current B. (1) and SUBSTITUTE as follows:
"(1) Other than a lawful pre-existing non-conforming sign no sign shall be
installed or maintained unless in compliance with the terms and conditions of this
Article,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTICLE 73. To see if the Town will vote to amend the Brewster Zoning
Bylaw, Chapter 179, Article IX, Section 179-35 as follo~~s:
"DELETE "from public ways" in second sentence and ADD NEW, FINAL SENTENCE
to Section 179-35 A. as follows:
In addition to the plan filing requirements specified in the Subdivision Rules and
Regulations, an applicant for a cluster residential development shall submit a
rendering, prepared by a Landscape Architect registered in the Commonwealth
of Massachusetts, depicting the cluster subdivision, including roads, landscape
and approximate locations of dwellings at full build-out. The rendering shall be
considered an integrated element of the applicant's submission and if the plan
is approved and a special permit granted, said rendering shall be included in the
Planning Board's decision regarding the subdivision plan and special permit."
"DELETE Section 179-35 B (4) as Currently written and SUBSTITUTE as follows:
(-1) Lot setbacks. The present setbacks for front, side and rear yards, as
stated in Table 2 at the end of this chapter, shall be reduced by one half for
all setbacks within the subdivision. Setback requirements where the Cluster
Development lots abut adjacent property shall remain the same as required in
Table 2."
"DELETE Section 179-35 B (5) as currently written and StBSTITUTE as follows:
(5) Individual Lot Area. Minimum lot sizes for lots within a cluster residential
development shall be no less than 5,000 square feet."
"ALSO, DELETE Section 179-35 B (6) in its F.NTIRETI'."
"DELETE Section 179-35 B (8) as currently written and SUBSTITUTE as follo~.~s:
(8). No less than sixty percent (60%) of the land area within the parcel or
parcel(s) subject to Section 179-35 shall be set aside as open space more ful1S>
described in subsections 9 and 10 below. No
more than 50% of the open space set-aside requirement shall contain wetlands as
defined in Section 179-6 of the Zoning B.vlaw or be incli.ided within the easement
of any overhead utility wires, lines or cables, or include a combination of both
wetlands and lands within the overhead utility easement(s) greater than 50% of
the open space set-aside requirement."
"ALSO, DELETE the words "to the town" in the first line of Section 179-35 B (9),"
or to take an,y other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW
ARTIChE 74. To see if the Town will. vote to amend the Brewster Zoning
B~>law by revising Chapter 179, Article IN, Section 179-37 to DELETE Section
179-37 as currently written and REPLACE as follows:
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"Home Occupation. An occupation or profession which is conducted in a
residential zoning district and which:
A. is carried on within the principal building on the premises,
B. is carried on by an individual residing in the dwelling unit,
C. is secondary to the use of the dwelling unit for residential purposes,
D. conforms to the following additional conditions:
1. no more than two (2) individuals who do not reside on the premises
shall be employed in the home occupation;
2. not more than forty percent (40%) of the existing net floor area of
the principal building, not to exceed four hundred (400) square feet, is
devoted to such use.
E. The buildings or premises occupied shall not be rendered objectionable or
detrimental to the residential character of the neighborhood due to the exterior
appearance, traffic generation, emission of odor, gas, smoke, dust, noise, electrical
disturbance or in anY other way.
F. No outside storage of materials and equipment shall be permitted.
G. All associated vehicle parking shall be accomplished off-street.
H. Items produced elsewhere shall not be brought to the premises for the
purposes of re-sale.
I. Any building used for a home occupation shall include no feature of design
not customary in buildings for residential use and shall not detract from the
residential character of the neighborhood.
J. Uses such as clinics, barbershops, bakeries, gift or antique shops,
beauty parlors, motor repairs, animal hospitals, kennels and others of a similar
nature shall not be considered to be home occupations,"
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ARTICLES 75, 76, AND 77 WERE TAKEN OUT OF ORDER, THEY VERE VOTED ON
AFTER ARTICLE 31
PUBLICATION OF AMENDMENTS TO BREWSTER TOWN CODE
ARTICLE 78. To see if the Town will vote to raise and appropriate and/or
transfer from available funds the sum of Thirty-Three Hundred and 00/100
($3,300.00) Dollars for publication expenses associated with the printing of various
amendments to the Brewster Town Code and to authorize the Town Clerk to solicit
bids and/or proposals, enter into a contract or contracts and expend said funds
for this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Town Clerk)
ARTICLE 79 TAKEN AFTER ARTICLE 35
ARTICLE 80 MOVED UNDER THE CONSENT CALENDAR
AMENDMENT TO THE CODE OF TOWN OF BREWSTER
ARTICLE 81. To see if the Town will vote to expand the membership of the
Elementary School Committee by adopting the following by law as Chapter 12,
Article III, Section 12-9 of the Cody of the Town of Brewster:
The number of members of Y.he Elementary School Committee shall hereafter
be increased from five (5) to nine (9). k'ithin ninety (90) days of the approval
ATM 5/5/97
of this by law, the Board of Selectmen shall call a special election to select the
new members. At this election, one l l } member shall be elected to a term ending
with the 1998 annual election, one (1) member shall be elected to a term ending
with the 1999 annual election, and two (2) members shall be elected to terms
ending with the 2000 annual election. All other terms shall be three (3) year
terms;
or to take any other action relative thereto.
(Majority Vote Required) (Citizen's Petition)
GULL EXTERMINATION ON MONOMOY ISLAND
ARTICLE 82. To see if the Town will vote to adopt the following resolution,
a copy of which will be presented to the U. S. Secretary of Interior.
WHEREAS the people of the Town of Brewster have respect for the
natural process and the role of all species in Cape Cod's natural
habitat.
THEREFORE we hereby petition the United States Fish and Wildlife
Service to abandon the gull extermination program that was
implemented in 1996 and is scheduled to continue in subsequent
years on Monomoy Island in Chatham, Massachusetts.
or to take any other action relative thereto.
(Majority Vote Required) (Citizen's Petition)
SALARY ADJUSTMENT/BOARD OF SELECTMEN
ARTICLE 83. To see if the Town will vote to increase and set the salary of
each member of the Board of Selectmen at the sum of Eight Thousand and 00/100
($8,000.00) Dollars, such increase to become effective nn the first day of fiscal
year nineteen ninety eight, (1998), ox• to take any other action relative thereto.
(Majority Vote Required) (Citizen's Petition)
ADOPTION OF MASSACHUSETTS GENERAL LAW PROVISION
ARTICLE 84. To see if the Town will vote, under the provisions of
Massachusetts General Law, Chapter 59:210, Section H., to adopt the following:
The Town of Brewster shall be required to reduce the amount of real estate
and personal property taxes to be assessed fox• the fiscal year beginning
July first, nineteen hundred and ninety nine (1999) by an amount equal
to two million dollax•s ($2,0000,000),
or to take any other action relative thereto.
(Majority Vote Required)
(Citizen's Petition )
BY LAW AMENDMENT
ARTICLE 85. To see if the Town will vote to adopt the following By Law:
Any amount of mone3' to be appropriated, borrowed and/or bonded in
excess of fifty thousand dollars ($50,000), excepting the Town's Operating
Budget, which is voted in Town Meeting shall not become valid unless
ratified by a majority of the voters, by ballot, in a subsequent Town
Election. The effective date of this By Law shall be the first day of fiscal
,year one thousand nine hundred and ninety eight (.1998).
(Majority Vote Required) (Citizen's Petition)
ATM 5/5/97
BY LAW AMENDMENT
ARTICLE 86. To see if the Town will adopt the following By Law:
Not withstanding any By Law to the contrary,
1) No public user fee, license fee or permit fee which is authorized
by law or by law to be set by any town entity shall be valid or
collectible if it is increased from the previous year by an amount
greater than two and one half percent ( 2 1/290 unless such
increase is approved by a vote of Town Meeting.
2) Any said user fee, license fee or permit fee which is authorized by
law or by law to be set by any town entity and is not in effect as
of the date of this by law, initially shall be established by a vote
of the Town Meeting.
3) If any provision of this by law is held to be invalid such invalidity
shall not affect other provisions which can be given effect without
the invalid provisions, and to this end the provisions are declared
to be severable.
(Majority Vote Required) (Citizen's Petition)
TRI-TOWN SEPTAGE TREATMENT PLANT FUNDING
ARTICLE 87. To see if the Town will vote to raise and
appropriate and/or transfer from available funds a sum of money for the purpose
of funding the Town's share of a projected operational deficit for Fiscal Year
1998 under the provisions of the Intermunicipal Agreement for the Tri-Town
Septage Treatment Facility, which is located in Orleans, Massachusetts, or to take
any other action relative thereto.
(Majority Vote Required)
STABILIZATION FUND
(Board of Managers)
ARTICLE 88. To see if the Town will vote to add a sum of money
to the Stabilization Fund and to raise and appropriate and/or transfer from
available funds a sum of money for this purpose, or to take any other action
relative thereto.
(Majority Vote Required)
ANY OTHER BUSINESS
ARTICLE 89.
before this meeting.
A TRUE COPY ATTEST:
~ ~. K - ~-~
Joan K. Cole
Town Clerk
(Board of Selectmen)
To act on any other business that may legally come
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