HomeMy Public PortalAbout2007-11-05-Special Town Mtg ReportPage l of 36
Report of the
Special Town Meeting
November 5, 2007
In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook
Elementary School Cafetorium, Monday, November 5th, 2007.
The meeting was called to order at 7:OOp.m. by the Moderator, Stephen L. Doyle. The
Tellers were June Gallant, Dave Lahive, Ken Berbrick, Sheila Gerhardt, and Ruth
Hanlon. The Checkers were Maureen Steinmann, Nancy Berbrick, John Unger, Joanne
Hush, Elizabeth Hardy, Ann Golini, Jane Nixon, and Colette Williams. Chairman of the
Board of Registrars Gerri Tursi.
A quorum was present.
The Town Clerk, Mildred A. Unger, read the Special Town Meeting Warrant and the
return of the Warrant. There being no objection, the Moderator dispensed with the
reading of the articles.
M TI N: I move that the town vote to advance consideration of article no.
10 for the Water Department Garage/Office Project.
ACTION: Adopted unanimously.
CONSTRUCTION OFA NEW WATER OFFICE & GARAGE FACILITY
ARTICLE NO. i0: To see if the Town will vote to appropriate a sum of money
to pay costs of completing the design, constructing, originally equipping and furnishing
of a Water Department Office and Garage facility, including the payment of all other
costs incidental and related to the carrying out of this project and its financing, and to
see whether such sum shall be raised by a transfer from available funds, or to authorize
the Town Treasurer, with the approval of the Board of Selectmen, to borrow a certain
sum of money under and pursuant to Chapter 44 of the General Laws, and/or any other
enabling authority, and to issue bonds or notes of the Town therefor; to transfer from
available funds an additional sum of money for the purpose of paying for the
preparation, issuance and marketing of bonds and notes issued hereunder and for
paying interest on temporary notes issued in anticipation thereof; or to take any other
action relative thereto.
(Two-Thirds Required) (Board of Selectmen and Water Commissioners)
M TI N: That the sum of $2,974,920.00 be and hereby is appropriated to
pay costs of completing the design, constructing, originally equipping and
furnishing a Water Department Office and Garage facility, including the
payment of all other costs incidental and related to the carrying out of this
project and its financing, and that to meet this appropriation, the Town
Treasurer, with the approval of the Board of Selectmen, is hereby authorized
to borrow the sum of $2,475,000.00 under and pursuant to Chapter 44,
Sections 7 and 8 of the General Laws, or pursuant to any other enabling
authority, and to issue bonds or notes of the Town therefore, and to further
transfer the sum of $484,920.00 from the Water Revenue account; and that
the additional sum of $15,000.00 is hereby transferred from the Water
Revenues account 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.
A I N: Adopted Yes-319 No-18
Page 2 of 36
UNPAID BILLS
ARTlCLENO. Z; To see if the Town will vote to transfer from available funds
the sum of NINE THOUSAND FIVE HUNDRED FOUR AND 52/100, (9,504.52)
DOLLARS to pay the following bills incurred but unpaid during a previous fiscal year:
a. Community Newspaper $1,287.00
b. Stephen Knowles $ 830.00
c. Cape Discount Fuels $6,883.44
d. Turf Products. $ 394.08
e. John G. Latham, Inc. $ 110.00
Grand-total $9,504.52
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. i as printed in the
warrant and transfer the sum of $9,504.52 from Free Cash for these
purposes.
ACTION: Adopted unanimously.
f BUDGETARY TRANSFERS ~
ARTICLENO.2; To see if the Town will vote to transfer from available funds
and/or appropriate from surplus funds in some departments an amount of money to be
used in conjunction with funds appropriated under current fiscal year budgets to pay
shortfalls that would otherwise exist in the Fiscal Year 2008 Budget of other
departments, as follows:
a
b.
c.
d.
e.
f.
9•
h.
j
k.
Transfer the sum of $850.00 from line item no. 16 (Recreation Wages) to line
item no. 2 (Board of Selectmen's Expenses) of article no. 5 of the 2007 Annual
Town Meeting
Transfer the sum of $3,500.00 from line item no. 16 (Recreation Wages) to line
item no. 2 (Town Administrator's Wages) of article no. 5 of the 2007 Annual
Town Meeting.
Transfer the sum of $5,000.00 from line item no. 7 (Police Wages) to line item
no. 7 (Police Expenses /Training Expense) of article no. 5 of the 2007 Annual
Town Meeting.
Transfer the sum of $1,000.00 from line item no. 11 (Conservation Wages) to
line item no. 5 (Town Clerk Wages) of article no. 5 of the 2007 Annual Town
Meeting.
Transfer the sum of $10,554.00 from Free Cash to line item no. 4 (Fringe
Benefits /Unemployment Benefits) of article no. 5 of the 2007 Annual Town
Meeting.
Transfer the sum of $1,600.00 from line item no. 16 (Recreation Wages) to line
item no. 20 (Utility Expenses /postage equipment expense) of article no. 5 of
the 2007 Annual Town Meeting.
Transfer the sums of $4,000.00 from the Telecommunications Account and
$16,000.00 Free Cash to line item no. 20 (Utilities Expense) of article no. 5 of
the 2007 Annual Town Meeting.
Transfer the sum of $653.00 from line item no. 16 (Recreation Wages) to line
item no. 9 (Planning Board Wages) of article no. 5 of the 2007 Annual Town
Meeting.
Transfer the sum of $6,000.00 from Water Revenues to line item no. 14 (Water
Department Expenses /Professional Services) of article no. 5 of the 2007 Annual
Town Meeting.
Transfer the sums of $48,800.00 from the Road Betterment Fund and
$15,320.00 from Water Revenues to line item no. 4 (Debt Service Expense) of
article no. 5 of the 2007 Annual Town Meeting.
Transfer the sum of $46,000.00 from Free Cash to line item no. 1 (Elementary
School Expenses) of article no. 4 of the 2007 Annual Town Meeting
or to take any other action relative thereto.
Page 3 of 36
(Majority Vote Required)
(Board of Selectmen)
MOTION: I move that the town vote to approve article no. 2, however that
item k (Elementary School expenses) in the amount of $46,000.00 be
deleted, and to transfer the amended sum of $113,277.00 as printed in the
warrant for these purposes.
ACTI N: Adopted unanimously.
CAPITAL AND SPECIAL PR0IECTS EXPENDITURES
ARTICLE NO.3; To see if the Town will vote to 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 2008 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 new equipment or
services as the case may be:
TRANSFER
FROM
AVAILABLE
ITEM DEPARTMENT FUNDS
Department of Public Works:
a. Cemetery Improvement Project $10,000.00
b. Drainage /Road Maintenance Project $75,000.00
c. Crosby Beach Boardwalk Project $30,000.00
d. Wood Chipper Replacement $45,000.00
e. Solid Waste Road Tractor Replacement $120,000.00
f. Equipment Tire Replacements $20,000.00
g. Landfill Monitoring Expense $45,000.00
h. Transfer Station Door Replacement Project $18,000.00
2 Fire Department:
a. Ambulance Replacement $175,000.00
b. Dispatch Services Account $40,000.00
c. Ambulance Billing Services $25,000.00
d. Automatic Electronic Defibrillators $10,000.00
e. Station Painting Project $23,000.00
3. Board of Selectmen:
a. Council on Aging /Old Town Hall Window Replacement & Repair $60,000.00
b. Town Offices Building HVAC Engineering Services Expense $50,000.00
c. Public Access Video Equipment $40,000.00
d. Technology Equipment & Projects $20,000.00
e. Ladies Library Doors Replacement Project $30,000.00
4. Water Department:
a. Construction Account $160,000.00
b. SCADA System Update $54;000.00
5. Elementary School Department:
a. Technology Projects $20,000.00
b. Eddy School Painting Project $10,000.00
c. Eddy School Light Poles Replacement Project $60,000.00
d. Eddy School Trim Repair Project $100,000.00
e. Eddy School Door Replacement Project $10,000.00
f. Stony Brook Painting Project $25,000.00
g. Stony Brook Carpeting Project $10,000.00
h. Stony Brook Bathroom Floors Project $74,500.00
i. Stony Brook Air Compressor Replacement ~ $18,000.00
6. Town Clerk:
a. Secure Storage Equipment /Town Records $36,000.00
Page 4 of 36
7. Golf Department:
a. Pavilion HVAC Project
b. Golf Clubhouse Painting Project
c. Point of Sale System Replacement
$40,000.00
$10,000.00
$22,000.00
Grand Total
$1,485,500.00
and to authorize the Town .Administrator to solicit bids and/or proposals, enter into a
contract or contracts, accept grant proceeds and expend said funds 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 no. 3 as printed in the
warrant, however that the following items be amended:
a. Item no. 1 (e) Solid Waste Road Tractor Replacement in the amount
of $120,000.00 be deleted,
b. Item no. i(g) Landfill Monitoring Expense be reduced from the sum
of $45,000.00 to $25,000.00,
c. Item no. 3 (a) Old Town Hall Window Replacement/Repair project be
reduced from the sum of $60,000.00 to $45,000.00,
d. Item no. 7(a) Pavilion HVAC project in the amount of $40,000.00 be
deleted, '
and to appropriate the total amended sum of $1,290,500.00 for these
purposes, and in order to appropriate this total sum that the town transfer
the sums of $662,500.00 from Free Cash, $40,000.00 from the Cable
Franchise Fee account, $54,000.00 from Article 31 of the May 2002 Annual
Town Meeting (Rehabilitation of Water Standpipe No. 1), $92,000.00 from
State Foundation Reserve Award, $32,000.00 from the Golf Receipts
Reserved for Appropriation account, $160,000.00 from the Water Revenue
account and $250,000.00 from the Ambulance Receipts Reserved for
Appropriation account.
ACTION: Adopted unanimously.
~ COMMUNITYPRESERVATIONACT FUNDING -I
ARTICLE NO. 4; To see if the Town will vote to act upon the recommendations of
the Community Preservation Committee; to appropriate from the Community Preservation
Fund to spend during Fiscal Year 2008 or to hold for future expenditure the following
sums from the Fund's Fiscal Year 2008 revenues; and to authorize the Town of Brewster,
acting through its Board of Selectmen and Community Preservation Committee, to enter
into contracts for the award of grants to the following agencies; all as follows:
Item Category Amount
1. Historic Preservation:
a. Council on Aging /Old Town Hall Window Replacement $100,000.00
b. Town Hall Vault Records Storage System $18,000.00
2. Open Soace:
a. Slough Pond Woodlands Debt Service Expense $197,281.00
3. Recreation:
a. Stony Brook School Early Childhood Playground Project $25,998.00
Grand-total $341,279.00
or to take any other action relative thereto.
(Majority Vote Required)
(Community Preservation Committee)
MOTION: I move that the town vote to approve article no. 4 as printed in the
warrant, however that item 1(a) for the Old Town Hall Window Replacement
Page 5 of 36
project be reduced from the sum of $100,000.00 to $67,000.00 and to
appropriate the total amended sum of $308,279.00 from the following
accounts:
• Transfer the sum of $85,000.00 from the Fund Balance Reserved for
Historic Preservation account,
• Transfer. the sum of $197,281.00 from the Fund Balance Reserved for
Open Space, and
• Transfer the sum of $25,998.00 from the Budgeted Reserve account.
ACTI N: Adopted unanimously.
PROFESSIONAL SERVICES/ TAX TITLEACCOUNTS
ARTICLE NO. 5; To see if the Town will vote to transfer from available funds
the sum of TWENTY-FIVE THOUSAND AND 00/100 ($25,000.00) DOLLARSand
to authorize the Town Administrator to enter into a contract or contracts for
professional services and to expend these funds to undertake tax title foreclosure
proceeding against delinquent property tax accounts, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 5 as printed in the
warrant and to transfer the sum of $25,000.00 from Free Cash for this
purpose.
A I N: Adopted unanimously.
ENVIRONMENTAL CONSULTING SERVICES
ARTICLE NO. 6: To see if the Town will vote to transfer from available funds
the sum of FORTY THOUSAND AND 00/100 ($40,000.00) DOLLARS and to
authorize the Town Administrator to enter into a contract or contracts for professional
review and analysis of environmental issues and studies related to Pleasant Bay and /or
other groundwater, surface water or wastewater planning issues, and for water quality
recommendations and protection, or to take any other action relative thereto.
(Majority Vote Required). (Board of Selectmen)
M TI N: I move that the town vote to approve article no. 6 as printed in the
warrant and to transfer the sum of $40,000.00 from Free Cash for this
purpose.
ACTION: Adopted unanimously.
REPAIR AND RESURFACE TOWN ROADS /CHAPTER 90 FUNDS
ARTICLE NO. 7: To see if the Town will
the sum TWO HUNDRED AND FORTY-FIVE
FOURTEEN 0%100 ($245,624,00) DOLLARS,
Massachusetts General Laws, for local roads ai
expenditure of these funds under the direction o1
any other action relative thereto.
(Majority Vote Required)
vote to transfer from available funds
THOUSAND SIX HUNDRED AND
as provided under Chapter 90 of the
~d highways, and to authorize the
the Board of Selectmen, or to take
(Board of Selectmen)
MOTI N: I move that the town vote to approve article no. 7 as printed in the
warrant and to transfer the sum of $245,614.00 from Available Funds for this
purpose.
A I N: Adopted unanimously.
ROAD DRAINAGE EASEMENT
ARTICLE NO. B: To see if the Town will vote to authorize the Board of
Selectmen to acquire drainage easements by gift and/or purchase from the following:
Page 6 of 36
1) Howard Imports, Inc. on land identified at 485 Underpass Road, within
parcel no. 65-2 of map no. 26 of the Board of Assessors' Maps,
2) Kevin P. & Nancy D. Fitzgibbons on land identified at 213 Millstone Road,
within parcel no. 28 of map no. 82 of the Board of Assessors' Maps,
3) James A. Shyne on land identified at 366 Freemans Way, within parcel no.
325 of map no. 42 of the Board of Assessors' Maps,
or to take any other action relative thereto.
(Majority Vote Required)
(Board of Selectmen)
MOTION: I move that the town vote to approve article no. 8 as printed in the
warrant.
ACTION: Adopted unanimously.
S,E.I. U, STUDY
ARTICLE NO. 9: To see if the Town will vote to transfer from available
funds the sum of SEVEN THOUSAND FIVE HUNDRED AND 00/100 ($7,500.00)
DOLLARS and to authorize the Town Administrator to enter into a contract or
contracts for professional services to undertake a review and update of the position
job descriptions and classifications of those employees covered under the collective
bargaining agreement with the Service Employees International Union (SEIU), or to
take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 9 as printed in the
warrant and to transfer the sum of $7,500.00 from Free Cash for this
purpose.
ACTION: Adopted unanimously.
RESCIND DEBT AUTHORIL4 TION
ARTICLE NO. 11; To see if the Town will vote to rescind the authorization to
incur debt in the following amount:
FIVE HUNDRED THOUSAND AND 00/100 ($500,000.00) DOLLARS under
article no. 6 of the May 1, 2006 Special Town Meeting
said article allowed for purchase of real estate located off Slough Road, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 11 as printed in
the warrant.
A ION: Adopted unanimously.
HANDICAPPED PARKING REGULATIONS
ARTICLE NO. Y2; To see if the Town will vote to repeal the Code of the
Town of Brewster, Massachusetts, Chapter 106, Sections 1 - 4, which currently read
as follows:
Chanter 106, HANDICAPPED PARKING
~ 106-1. Reservation of spaces required.
Any person or body that has lawful control of a public or private way or of improved
or enclosed property used as off-street parking areas for businesses, shopping malls,
theaters, auditoriums, sporting or recreational facilities, cultural centers, residential
dwellings or for any other place where the public has a right of access as invitees or
licensees shall be required to reserve parking spaces in said off-street parking areas
for any vehicle owned and operated by a disabled veteran or handicapped person
whose vehicle bears the distinguishing license plate or placard authorized by MGL C.
90, § 2, or Chapter 632 of the Acts of 1985, as amended.
Page 7 of 36
§ 106-2. Number of spaces.
Where the number of parking spaces in any such area is more than 15 but not more
than 25, there shall be one handicapped parking space; more than 25 but not more
than 40, 5% of such spaces, but not fewer than two handicapped spaces; more than
40 but not more than 100, 4% of such spaces, but not fewer than three handicapped
spaces; more than 100 but not more than 200, 3% of such spaces, but not fewer
than four handicapped spaces; more than 200 but not more than 500, 2% of such
spaces, but not fewer than six handicapped spaces; more than 500 but not more than
1,000, 1 1/2% of such spaces, but not fewer than 10 handicapped spaces; more than
1,000 but not more than 2,000, 1% of such spaces, but not fewer than 15
handicapped spaces; more than 2,000 but less than 5,000, 3/4 of 1% of such spaces,
but not fewer than 20 handicapped spaces; and more than 5,000, 1/2 of 1% of such
spaces, but not fewer than 30 handicapped spaces.
§ 106-3. Identification; location.
A. All parking spaces designated as reserved under the provisions of the above
section shall continue to be so reserved unless a change in designation is
authorized in writing by the Building Inspector and shall be identified by the use
of above-grade signs with white lettering against a blue background and shall
bear the words "Handicapped Parking: Special Plate Required. Unauthorized
Parking Subject to Fine and Towing at Owner's Expense."
B. Such spaces shall be as near as possible to a building entrance or walkway, shall
be adjacent to curb ramps or other unobstructed methods permitting sidewalk
access to a handicapped person and shall be 12 feet wide or shall consist of two
eight-foot-wide areas with four feet of crosshatch between them.
§ 106-4. Violations and penalties.
It shall be unlawful for any person or persons to have unauthorized vehicles within
parking spaces designated for use by disabled veterans or handicapped persons as
authorized by the above sections or to leave such a vehicle as to obstruct a curb ramp
designed for use by handicapped persons as a means of egress to a street or public
way. The penalty for violation of this chapter shall be $15. The vehicle may be
removed according to the provisions of MGL C. 266, § 120D. The penalty for failure to
establish and maintain handicapped spaces and signs required by the above sections
in this chapter shall be $50 for each day such failure continues. As an alternative to
criminal enforcement, this chapter may, in accordance with MGL C. 40, § 21D, be
enforced in anon-criminal proceeding by either the Building Inspector and Assistant
Building Inspectors or any member of the Police Department. Any enforcement person
taking cognizance of a violation of the chapter may, as an alternative to initiating
criminal proceedings, give to the offender a written notice to appear before the Clerk
of the Orleans District Court at any time during office hours, but not later than 21
days after the date of the notice, unless the civil fine is sooner paid.
and to substitute in their place the following:
Chapter 106, HANDICAPPED PARKING
§ 106-1. Reservation of spaces required.
Any person or body that has lawful control of a public or private way or of improved
or enclosed property used as off-street parking areas for businesses, shopping malls,
theaters, auditoriums, sporting or recreational facilities, cultural centers, residential
dwellings or for any other place where the public has a right of access as invitees or
licensees is required to reserve parking spaces in said off-street parking areas for any
vehicle owned and operated by a disabled veteran or handicapped person whose
vehicle bears the distinguishing license plate or placard authorized by MGL C. 90, § 2,
or Chapter 632 of the Acts of 1985, as amended.
§ 106-2. Number of spaces table.
Total Parking in Lot Required Minimum Number of Accessible
ces
16-25 1
26-40 5% but not less than 2
41-100 4% but not less than 3
Page 8 of 36
101-200 3% but not less than 4
201-500 2% but not less than 6
501-1,000 1.5% but not less than 10
1001- 2000 1% but not less than 15
2001-5000 .75% but not less than 20
5001- .5% but not less than 30
§ 106-3. Identification; location.
A. All parking spaces designated as reserved under the provisions of the above
section shall continue to be so reserved unless a change in designation is
authorized in writing by the Building Inspector and shall be identified by the use
of above-grade signs, located at a height no less than five (5) feet but
more than eight (8) feet to the top of the sign. The sign shall show the
international symbol of accessibility. Van accessible spaces shall
include the words "van accessible".
B. Such spaces shall be as near as possible to a building entrance or walkway,
shall be adjacent to curb ramps or other unobstructed methods permitting
sidewalk access to a handicapped person and shall be twelve feet wide or shall
be two eight-foot wide areas with four feet of cross hatch between them.
~ 106-4. Violations and penalties.
It shall be unlawful for any person or persons to have unauthorized vehicles within
parking spaces designated for use by disabled veterans or handicapped persons as
authorized by the above sections or to leave such a vehicle as to obstruct a curb ramp
designed for use by handicapped persons as a means of egress to a street or public
way. The penalty for violation of this section shall be $100,00. The vehicle may be
removed according to the provisions of MGL C. 266, § 120D. The penalty for failure to
establish and maintain handicapped spaces and signs required by the above sections
in this chapter shall be $50 for each day such failure continues. As an alternative to
criminal enforcement, this chapter may, in accordance with MGL C. 40, § 21D, be
enforced in anon-criminal proceeding by either the Bui/ding Commissioner and
Loca/Inspectorsor any member of the Police Department. Any enforcement person
taking cognizance of a violation of the chapter may, as an alternative to initiating
criminal proceedings, give to the offender a written notice to appear before the Clerk
of the Orleans District Court at any time during office hours, but not later than 21
days after the date of the notice, unless the civil fine is sooner paid.
or to take any other action relative thereto.
(Majority Vote Required)
(Police Chief)
MOTION: I move that the town vote to approve article no. 12 as printed in
the warrant.
ACTION: Adopted unanimously.
~ ZONING BYLAWAMENOMENT/Accessory Bui/dings & Structures
ARTICLE NO, Y3; To see if the Town will vote to amend the Code of the Town
of Brewster, Chapter 179, also known as the Zoning Bylaws, Article V, Area and Bulk
Regulations, Section 179-16, Table 2, Area Regulations, Footnote 7, to change the
maximum height for an accessory building or structure from twenty-five (25) feet to
thirty (30) feet, so that Table 2, Footnote 7 which now reads:
Accessory buildings and structures. Any permitted accessory building in any R
District shall conform to the following provisions:
It shall not occupy more than forty percent (40%) of the required rear
yard. It shall not be less than forty (40) feet for R-R and R-L Districts and
thirty (30) feet for an R-M District from any street lot line, and shall not be
less than twenty-five (25) feet in any R-R or R-L District or twenty (20)
feet in the R-M District from any lot line. It shall not exceed twenty-five
(25) feet in height.
Page 9 of 36
A temporary stand for retail sale of agriculture or farm products, where
permitted, may be six (6) feet from the front lot line.
Any permitted barn shall be at least fifty (50) feet from any street lot line
or side or rear property line and at least on hundred (100) feet from
abutters dwelling.
A private swimming pool shall be completely enclosed by a fence
permanently anchored, a minimum of five (5) feet in height and having a
self closing gate with latch.
will instead read:
Accessory buildings and structures. Any permitted accessory building in any R
District shall conform to the following provisions:
It shall not occupy more than forty percent (40%) of the required rear
yard. It shall not be less than forty (40) feet for R-R and R-L Districts and
thirty (30) feet for an R-M District from any street lot line, and shall not be
less than twenty-five (25) feet in any R-R or R-L District or twenty (20)
feet in the R-M District from any lot line. It shall not exceed thirty (30)
feet in height.
A temporary stand for retail sale of agriculture or farm products, where
permitted, may be six (6) feet from the front lot line.
Any permitted barn shall be at least fifty (50) feet from any street lot line
or side or rear property line and at least on hundred (100) feet from
abutters dwelling.
A private swimming pool shall be completely enclosed by a fence
permanently anchored, a minimum of five (5) feet in height and having a
self closing gate with latch.
or to take any other action relative thereto.
(Two-Thirds Vote Required)
(Planning Board)
MOTION: I move that the town vote to approve article no. 13 as printed in
the warrant.
ACTION: Adopted Yes - 263 No - 90
ZONING BYLAW AMENDMENT /Sign Regu/ations for Intersection Is/and
ARTICLE NO. 14: To see if the Town will vote amend the Code of the Town of
Brewster, Chapter 179, also know as the Zoning Bylaws, Article VI, Signs, Section 179-
20.5, Regulations for Specific Types of Signs by adding Subparagraph 0, Island Signs to
read as follows:
§ Intersection Island signs. Any individual, for-profit organization or not-for-
profit organization that volunteers to maintain and/or landscape an intersection
island is permitted to erect one (1) sign not to exceed one (1) square foot in size
upon said island. No direct, external, or internal lighting shall be permitted. The
sign must be promptly removed when the individual, for-profit or not-for-profit
organization ceases to maintain and/or landscape the intersection island
or to take any other action relative thereto.
(Two-Thirds Vote Required)
(Planning Board)
M TION: I move that the town vote to approve article no. 14 as printed in
the warrant
A I N: Adopted.
ZONING BYLA WAMENDMENT /Sign Regu/ations Town Events
ARTICLE N0. 15: To see if the Town will vote to amend the Code of the Town
of Brewster, Chapter 179, also known as the Zoning Bylaws, Article VI, Signs, Section
Page 10 of 36
179-20.5, Regulations for Specific Types of Signs, Paragraph E(5), Town Event Signs,
so that Paragraph E(5) which now reads:
Town event signs: Up to one month in advance of and during Town-wide
celebrations declared by the Board of Selectmen or by vote of Town Meeting,
such as Brewster in Bloom, Christmas Prelude and the Town's Bicentennial,
signs, banners, and flags not exceeding 12 square feet, which have been granted
a special permit by the Zoning Board of Appeals, may be displayed as a means of
publicizing the event or events, provided their image and/or content relates to
the declared event. The Zoning Board of Appeals shall solicit comment from the
Old King's Highway Regional Historic District Commission as part of their public
hearing process if the sign, banner, or flag is proposed to be displayed within the
historic district.
will instead read:
Town and Community event signs: Up to one month in advance of and during
Town-wide and Community events, signs, banners and flags not exceeding
twenty (20) square feet may be displayed as a means of publicizing the event or
events, provided that their image and/or content relates to the declared event.
Town and Community event signs may be displayed on Town-owned property,
including a location separate from the event itself, if approved by a majority vote
of the Board of Selectmen. Town-wide and Community events shall include
Brewster in Bloom, Christmas Prelude, festivals, fairs, exhibitions, fundraisers
and special entertainment events that have been declared. by the Board of
Selectmen or by vote of Town Meeting. A Certificate of Appropriateness shall be
required from the Old King's Highway Regional Historic District Commission if the
sign, banner, or flag is proposed to be displayed within the historic district.
or to take any other action relative thereto.
(Two-Thirds Vote Required)
(Planning Board)
MOTION: I move that the town vote to approve article no. 15 as printed in
the warrant.
ACTION: Adopted unanimously.
ZONING BYLAWAMENDMENT/Wind Energy Turbines
ARTICLENO. 16.•To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 179, also known as the Zoning Bylaws, Article IX, Special
Regulations, by adding Section 179-40.2 entitled Wind Energy Turbines which will read:
179-40.2 Wind Energy Turbines
A. Purpose and Intent_ It is the express purpose of this section to accommodate wind
energy turbines (WET) in appropriate locations, while minimizing any visual, safety
and environmental impacts. This Section enables the review of WETS by the Town's
Planning Board in keeping with the Town's existing bylaws. This section is intended
to be used in conjunction with other regulations adopted by the Town, including
historic district regulations, development plan review, and local bylaws designed to
encourage appropriate land use, environmental protection, adequate infrastructure
development, and the preservation of historical, cultural, archaeological, architectural
and recreational values.
The scale of the proposed WET will determine the review and permitting process
required by the Town of Brewster.
B. Consistency with Federal Law. This section is intended to be consistent with state
and federal law and, in particular the regulations of the Federal Communications
Commission & Federal Aviation Administration.
C. Definitions and Word Usage. As used in this section, the following terms shall have
the meanings indicated below. The word "shall" or "will" indicates mandatory
requirements. Terms and words not defined herein but defined in the Brewster Town
Page 11 of 36
Code, Chapter 179, Zoning, or in the Commonwealth of Massachusetts State Building
Code shall have the meanings given therein unless a contrary intention clearly appears.
Words not defined in either place shall have the meanings given in the then most
current edition of the Webster's Unabridged Dictionary.
SMALL-SCALE WIND ENERGY TURBINE (SWET) -Wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion electronics,
whose total height is between 0 and 75 feet above natural grade. SWETs shall have a
rated capacity of not more that 60KW, be intended primarily to produce energy for on-
site power consumption and reduce the need to purchase utility power from the grid,
and have the ability to sell power back to the grid.
MEDIUM-SCALE WIND ENERGY TURBINE (MWET) -Wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion electronics,
whose total height is between 75 feet and 130 feet above natural grade. MWETs shall
have a rated capacity in excess of 60 KW, be intended primarily to produce energy for
on-site power consumption and reduce the need to purchase utility power from the
grid, and have the ability to sell power back to the grid.
LARGE-SCALE WIND ENERGY TURBINE (LWET) -Wind energy system consisting of a
wind turbine, a tower, and associated control or conversion electronics, whose total
height is more than 130 feet above natural grade. LWETs shall have a rated capacity of
more than 60KW and be intended primarily to produce energy for sale to the grid, for
consumption off-site.
BLADE -Extensions from the hub of a WET which are designed to catch the wind and
turn the rotor to generate electricity.
EQUIPMENT SHELTER - An enclosed structure, cabinet, shed or box at the base of the
mount, or close to the base of the mount, where batteries, electrical equipment and
other appurtenant non-hazardous components or materials may be housed.
FALL ZONE -The area on the ground within a prescribed radius from the base of a
WET. The fall zone is the area within which there is a potential hazard from falling
debris (such as ice) and, in the case of towers, shall not be less than a radius equal in
distance to the total height of the WET. The area within the fall zone shall be under the
legal care, custody and control of the WET applicant.
Applicants who own contiguous parcels of land that will be included within the fall zone
must file ANR applications to relocate any property lines within the fall zone.
FEDERAL AERONAUTICAL ADMINISTRATION (FAA) - The governmental agency
responsible for regulating airways in the United States
FEDERAL COMMUNICATIONS COMMISSION (FCC) - The government agency
responsible for regulating telecommunications in the United States.
HUB -The center of the rotor to which the blades are attached.
HUB HEIGHT -The height as measured from the natural grade of the land below the
WET to the center of the hub.
NACELLE -The frame and housing at the top of the tower which protects the gear box
and generator from weather and helps control the mechanical noise level.
ROTOR - A WET's blades and the hub to which they are attached.
ROTOR DIAMETER -The diameter of a WET's rotor measured as twice the length of the
largest blade (or equal to the diameter of the swept area).
SHADOW /FLICKER -Shadows cast from WET's which generally occur in close
proximity to the WET, although this will vary depending on the time of year, latitude
and turbine height. Flicker affects can occur when the sun shines through the rotor
blades at certain times of day and results in the temporary blocking of the suns rays
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with each pass of a rotor blade.
SITE, WET -The land that is, or will be, temporarily or permanently altered during the
construction and use of any WET, including the fall zone. The applicant shall offer proof
of ownership of the site or control of said site via an existing, lawful easement, lease,
license or land use agreement.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA) -The Brewster Planning Board shall
be the special permit granting authority for purposes of this section.
TOTAL HEIGHT -Combined height as measured from the natural grade at the base
of the tower to the tip of the rotor blade when extended vertically 90 degrees from
the horizontal plane of the ground.
TOWER - A structure supporting WET generators and associated equipment, including
but not limited to the following:
(1) Monopole Tower
The type of mount that is self-supporting with a single shaft of wood,
steel, fiberglass, or concrete, and a platform (or racks) for nacelle and
blades arrayed at the top.
(2) Guyed Tower
A monopole or lattice tower that is tied to the ground and supported by
diagonal cables attached to concrete and steel anchors embedded in the
ground.
(3) Lattice Tower
A self-supporting mount constructed of structural steel with multiple legs
and cross bracing of structural steel.
Guyed and lattice towers may be utilized for SWET and MWET installations. Only
monopole towers shall be utilized with LWET installations.
TOWER HEIGHT -The height as measured from the natural grade of the land below the
WET to the top of the tower.
WIND ENERGY TURBINE (WET) -Any structure or facility used for the converting wind
energy to electric power, including, but not limited to, towers, blades, motors,
transmission wires, buildings, monopoles or other support structures, constructed,
installed or operated, or to be constructed, installed or operated.
WIND MONITORING OR METEOROLOGICAL ("Test" or "MET' TOWERS -Towers
which support mechanical devices such as anemometers and their support structures
which elevate them to the height desired above the natural grade to measure wind
speed, variability and direction in order to determine wind-to-electrical-energy
conversion capabilities at a specific site. Such towers shall not exceed 175 feet in
total height and shall carry aircraft warning lights. The owners shall file FAA form
7460 and receive FAA approval before erecting a MET Tower, and shall remove the
MET Tower after eighteen months restoring the site to its original condition.
D. Use, Site and Dimensional Regulations
(1) Use Regulations
All WET or MET towers shall require a building permit and may be
permitted as follows:
(a) MET Towers. MET towers shall be permitted in all zone districts
subject to the issuance of a Special Permit and a building permit.
Provided these towers are only used to measure the wind regime at a
site, a building permit may be issued for the construction of a tower
subject to the following conditions:
i) The tower shall be removed after a period of eighteen months;
ii) The site shall be restored to its original condition following
removal of the tower;
iii) The tower shall not be erected until the applicants file FAA form
7460;
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iv) The tower shall have a FALL ZONE and conform to setback
requirements; and
v) The tower shall carry aircraft warning lights and shall be painted
with alternating red and white sections.
(b) WET Facilities. The permitting process for WET Facilities shall be
dictated by the size and scale of the proposal. SWETs of less than
seventy-five (75) feet total height may be permitted in any district,
provided they meet all the building code requirements. MWETs of 75 to
130 feet in total height shall only be permitted by Special Permit. LWETs
of greater than 130 feet in total height shall require a Special Permit and
shall only be erected on land located within the districts described in
Section H.
(2) Site Control. The applicant seeking to install a WET Facility or a MET Tower shall
submit documentation of his legal right to use the proposed site when applying for a
Special Permit. Documentation should include proof of control over the setback and
clear areas required by this section
(3) Setback
(a) All WET facilities and their associated equipment shall comply with
the building setback provisions of the zoning district in which the facility
is located.
(b) In reviewing a Special Permit application for an WET Facility, the
SPGA may reduce the required setback for accessory
buildings/structures if the applicant can produce sufficient evidence to
the SPGA that no potential exists for damage or damage claims from
any other party.
(c) The following setbacks shall be observed for LWET Facilities:
i. In order to ensure public safety, the minimum distance from the
base of any tower to any property line, road (except for roads
used exclusively for servicing the LWET), habitable dwelling,
business, institution, or public recreational area shall be equal to
the fall zone.
ii. The fall zone for LWET Facilities must be kept free of all
habitable structures during the operational life of the facility. Fall
zone areas shall be measured from the base of the tower.
E. Small-Scale Wind Energy Turbines (SWET)
(1) The Building Commissioner is hereby established as the permit granting
authority for SWET Facilities. A permit may be issued for the erection of a SWET
in any designated district or in connection with any permitted use in a designated
commercial or residential district, provided that the below conditions are met.
(2) Stand-alone SWETs may not be placed on lots of less than 40,000 square
feet, however, a SWET which will be attached to an existing structure and will
not exceed the building height restriction in the zoning district in which it will be
located, may be located on a lot smaller than 40,000 square feet at the
discretion of the Building Commissioner.
(3) No portion of a SWET shall be located within a wetland area.
(4) Total height of a SWET shall be limited to less than 75 feet from natural
grade to top of extended rotor blade.
(5) All portions of a SWET support structure must meet the setback
requirements for the zone where the land is located. A SWET must be setback
from all habitable structures on abutting properties by an area equal to or
exceeding the distance of the fall zone. Said setback shall not be required when
Page 14 of 36
the abutting owner(s) grants an easement to the applicant. In a case where the
applicant is also the owner of the abutting property, refer to definition of fall
zone and requirements to expunge lot lines.
(6) The noise level at the lot line may not exceed 10 dB(A) over the ambient
sound level and must comply with the existing Town of Brewster Noise Bylaw.
(7) Climbing access to the tower structure shall be limited by a) placing fixed
climbing apparatus no lower than ten feet from the ground, and b) placing a six
foot fence or shielding around the SWET.
(8) Building permit applications for SWET shall be accompanied by standard
drawings of all structures, including the tower, base, footing, guy wires, guy
anchors, and any additional equipment or housings. Also included shall be a line
drawing of the electrical components in sufficient detail to allow for a
determination that the manner of installation conforms to all Federal, State and
Local codes.
(9) No SWET shall be installed until evidence has been supplied to the Town
that the utility company has approved the applicant's proposal to install an
interconnected customer-owned generator. Off-grid systems shall be exempt
from this utility certification.
F. Medium Scale Wind Energy Turbine (MWET)
(1)The construction of a MWET is subject to the issuance of a Special Permit
pursuant to §179-51. The proposed MWET must comply with all the
requirements of this section, the Zoning Bylaws, and the Wind Energy
Conversion Turbine Special Permit regulations adopted by the Brewster
Planning Board.
G. Large Scale Wind Energy Turbine (LWET)
(1) The construction of a LWET may only be permitted in the Large-Scale
Wind Energy Conversion Turbine Overlay District, subject to issuance of a
Special Permit pursuant to §179-51. The proposed LWET must comply with all
the requirements of this section, the Zoning Bylaws, and the Wind Energy
Conversion Turbine Special Permit regulations adopted by the Brewster
Planning Board.
H. Large-Scale Wind Energy Turbine Overlay District. There is hereby established a
Large-Scale Wind Energy Turbine Overlay District within the Town of Brewster. This
district consists of the following parcels of property shown on the Large-Scale Wind
Energy Turbine Overlay District Zoning Map on file with the Brewster Building
Department, the Brewster Planning Department and the Brewster Town Clerk.
(1) 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.
(2) Map 45, Parcels: 1, 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 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, 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, 80-2.32, 33, 34, 34-1, 35, 39, 40, 41, 41-2, 55, 56, 57,
58, 81.
(3) 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.
(4) 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.
Page 15 of 36
(5) Map 52, Parcels: 1, 2-1, 2-2, 3, 6, 17, 18, 24, 26, 27, 29, 30-1, 30-2,
70, 94.
(6) Map 53, Parcels: 3, 6-1, 6-4, 6-6.
(7) The Industrial (I) District: All parcels located within said District within
the Town of Brewster.
(8) The Municipal Refuse District (MRD): All parcels located within said
District within the Town of Brewster.
(9) All Town-owned properties: All parcels currently owned by the Town
of Brewster, and any future property acquisitions, provided there are
no legal restrictions or restrictions on the title to prevent or prohibit
such development.
I. Special Permit Application Procedures for Medium-and Large-Scale Wind Energy
Turbines
(1) Special permit granting authority (SPGA).
i. The SPGA shall not approve any application that does not comply with
all the requirements of this section and the Special Permit Regulations for
Wind Energy Conversion Turbines adopted by the Brewster Planning
Board. The Board does, however, have the right to waive any part of this
section without the requirement of a variance, when it makes a specific
finding that such a waiver would not be detrimental to the public interest,
cause the Town any expense, or be inconsistent with the intent and
purpose of this section.
ii. The SPGA shall actin accordance with the standards and requirements
set forth herein and in accordance with the Massachusetts General Laws.
iii. The SPGA shall open the public hearing on the application within 65
days of the filing of an application for a special permit and shall issue a
decision within 90 days following the date of the close of the public
hearing.
(2) Pre-application Development Plan Review Committee (DPRC) hearing. Prior to
filing a special permit application with the SPGA, and after review by the Cape
Cod Commission, if required, the applicant shall request a hearing before the
DPRC for purposes of discussing the proposed WET in general terms and
reviewing the relevant local approvals required. The DPRC shall meet with the
applicant under this section within 65 days following a written request submitted
to the DPRC and the Town Clerk. If the DPRC fails to schedule apre-application
hearing on a project within said sixty-five (65)-day period, the applicant may
proceed with a special permit application under this section without need for a
pre-application hearing. The applicant shall prepare sufficient preliminary
architectural and engineering drawings to inform the DPRC of the location of the
proposed facility, as well as its scale and overall design. The DPRC shall issue a
statement containing any written recommendations or proposed alterations it
recommends be made to the proposal to better conform to the provisions of any
Town bylaw or to better serve the public interest. A written copy of the DPRC
statement must be included in the application to the SPGA.
J. Approval criteria; required findings and denials.
(1) Approval criteria. In reviewing all applications for special permits, the SPGA
shall utilize as approval criteria all applicable use, siting, dimensional, and
setback requirements set forth in § 179-51 and any applicable regulations
promulgated by the SPCA pursuant to this section.
(2) Required findings for issuance of special permit. The SPGA shall make the
following applicable findings, with appropriate reasoning, in writing, prior to the
granting of any special permit:
Page 16 of 36
i. The proposed WET will not have an undue adverse impact on
historic resources, scenic views, natural resources, and/or
residential property values;
ii. The applicant has agreed to implement all reasonable measures
to mitigate the potential adverse safety, environmental, and
aesthetic impacts of the WET;
iii. The proposed WET shall comply with current FCC & FAA
standards regarding flight and air navigation hazard identification
and prevention;
iv. The applicant has agreed to any maintenance and monitoring
requirements set forth in any regulations promulgated by the
SPGA;
v. The proposed WET shall be sited or camouflaged or screened to
the greatest extent possible to minimize adverse visual impacts;
and,
vi. The applicant meets the criteria set forth in § D as well as all
performance standards and requirements contained in any
regulations promulgated by SPGA pursuant to this section. The
SPGA reserves the right to require the applicant to set aside fees in
accordance with M.G.L. c. 40A.
(3) Denials.
i. The SPGA may deny a special permit if it finds:
(a) That the applicant failed to meet any application or filing
requirements set forth in regulations promulgated by the
SPGA; or,
(b) That the application fails to meet applicable use, siting,
dimensional, and setback requirements set forth in this
section, or any applicable regulations promulgated by the
SPGA pursuant to this section.
ii. Any decision by the SPGA to deny an application for special
permit under this section shall be in conformance with M.G.L. c.
40A.
K. Terms of Special Permits.
(1) A special permit shall lapse 24 months following the issuance thereof if
construction of, or substantial use of, the WET has not commenced (excluding
any appeal periods).
(2) A special permit issued for any MWEf or LWET shall be valid for 15 years,
unless previously abandoned or discontinued.
(3) At the end of the initial time period, the MWEi' or LWET' shall be removed or
a new special permit shall be required. Any special permit extension beyond the
original 15-year term for a WET shall terminate within 10 years or upon the
manufacturer's estimated useful life for the model and type of said WET or WET'
component equipment. A special permit may be extended for up to a maximum
of 10 years provided the applicant provides an inspection and certification by a
licensed structural engineer.
(4) Any permit issued by the SPGA for an MWEf or LWET shall be valid for the
applicant only; it may not be reassigned, leased or sold.
L. Severability. The provisions of this section are severable from each other, and the
invalidity of any provisions or sections shall not invalidate any other provision or section
thereof.
M. Amendments. This section may be amended from time to time in accordance with
Section 5 of Chapter 40A of Massachusetts General Laws.
Page 17 of 36
N. Validity. The invalidity, unconstitutionality or illegality of any provision of this section
or any boundary described herein shall not have any effect upon the validity,
constitutionality or legality of any other provision or boundary.
0. Rules and Regulations. After public notice and public hearing, the SPGA shall, if it
deems necessary, promulgate rules and regulations to effectuate the purpose of this
section. Public notice shall include publication of all proposed regulations in a
newspaper of general circulation in the Town not less than 21 days prior to public
hearing. Failure by the SPGA to promulgate such rules and regulations or a legal
declaration of their invalidity by a court of law shall not act to suspend or invalidate the
effect of this section.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
MOTION: I move that the Town vote to approve article no. 16 as printed in
the warrant with the following amendment:
On page #33 - In Section I.
Special Permit Application Procedures for Medium-and Large-Scale Wind
Energy Turbines under Sub-section ~2):
replace the word "after" with "prior to" in the first sentence.
AMENDED MOTION FROM THE FLOOR: I move that the Town vote to
indefinitely postpone consideration of article no. 16.
ACTION ON AMENDED MOTION: Defeated.
ACTION ON MAIN MOTION: Adopted.
TOWN BYLAW/ Water Qua/ity Protection
ARTICLE NO. 17; To see if the Town will vote to amend the Code of the Town
of Brewster, Chapter 179, also known as the Zoning Bylaws, Article XI, Groundwater
Protection District, Section 179-53 through Section 179-62 in its entirety and replacing it
with Chapter 170 entitled "Water Quality Protection:
Chapter 170 WATER QUALITY PROTECTION BYLAW
170-1 Purpose.
The purposes of this Water Quality Protection Bylaw are:
A. To promote the health, safety and general welfare of the community by ensuring
an adequate quality and quantity of drinking water for the residents, institutions
and businesses of the Town of Brewster;
B. To preserve and protect existing and potential sources of drinking water
supplies;
C. To conserve the natural resources of the Town; and
D. To prevent temporary and permanent contamination of the environment.
170-2 Scope of Authority.
All new construction, reconstruction or expansion of existing buildings and new or
expanded uses as described herein, shall comply with the Water Quality Protection
Standards and Regulations. Uses not certified by the Town as complying with said
Water Quality Protection Standards and Regulations shall be considered non-compliant
and shall be prohibited.
170-3 Definitions.
As used in this Chapter, the following terms shall have the following meanings
indicated:
AQUIFER -- Geologic formation composed of rock, sand or gravel that contains
significant amounts of potentially recoverable water.
IMPERVIOUS SURFACE -- Material or structure on, above or below the ground that
does not allow precipitation or surface water to penetrate directly into the soil.
Page 18 of 36
MINING -- The removal or relocation of geologic materials, such as topsoil, sand,
gravel, metallic ores or bedrock.
PROCESS WASTEWATER -- All wastewater disposed of on site other than sanitary
wastewater.
RECHARGE AREAS -- Areas that collect precipitation or surface water and carry it or
have it pumped to aquifers. "Recharge areas" may include areas designated as Zone I,
Zone II or Zone III.
TOXIC OR HAZARDOUS MATERIAL -- Any substance or mixture of physical, chemical or
any infectious characteristics posing a significant, actual or potential hazard to water
supplies or other hazards to human health if such substance or mixture were
discharged to land or water of the Town of Brewster. 'Toxic or hazardous materials"
include, without limitation, organic chemicals, petroleum products, heavy metals,
radioactive or infectious wastes, acids and alkalis, products such as pesticides,
herbicides and all substances defined as "toxic" or "hazardous" under Massachusetts
General Laws (MGL), Chapters 21C and 21E, and 310 CMR 30.00, and also includes
such products as solvents and thinners in quantities greater than normal household use.
170-4 Water Quality Review.
A. Water Quality Review Committee. There is hereby established a Water Quality
Review Committee (WQRC), comprised of one representative appointed from
time to time by and from the Board of Selectmen, Board of Health, Planning
Board, Conservation Commission, Water Commission, Health Director and
Building Commissioner.
B. Certificate of Water Quality Compliance.
(1) A Certificate of Water Quality Compliance (COC) shall be obtained by the
owner of the premises from the WQRC:
(a) For erection of any new principal structure other than asingle-
family dwelling.
(b) For change in occupancy requiring a Certificate of Use and
Occupancy under the State Building Code.
(c) For occupancy of any premises not requiring a Certificate of Use
and Occupancy, but involving the storage, handling or
transportation of toxic or hazardous wastes.
(2) No building permit or Certificate of Use and Occupancy shall be issued by
the Building Commissioner unless a COC, if required, has been obtained.
C. Requirements. A COC shall be granted only as follows:
(1) For new construction or additions or new activities not involving
structures, only if in full compliance with all requirements and
performance standards contained in this Bylaw.
(2) For change in occupancy or operation on previously developed premises if
the requirements of § 170-6 are met and the requirements of § 170-5 are
either met or, if previously exceeded, there will be no further increase in
noncompliance.
D. Submittals. The applicant for a COC shall submit ten sets of application materials
to the Building Commissioner, who shall forward one set to each member of the
WQRC. Where a special permit is required under Chapter 179, an application and
all supporting materials shall be submitted to the Special Permit Granting
Authority (SPGA). All information necessary to demonstrate compliance must be
submitted, including but not limited to the following:
(1) A complete list of all chemicals, pesticides, fuels and other potentially toxic
or hazardous materials to be used or stored on the premises in quantities
greater than those associated with normal household use, accompanied
by a description of measures to protect from vandalism, corrosion and
leakage and to provide for control of spills.
(2) A description of potentially toxic or hazardous materials to be generated,
indicating storage and disposal methods.
Page 19 of 36
(3) Evidence of approval by the Massachusetts Department of Environmental
Protection for any industrial waste treatment or disposal system or any
wastewater treatment system over 15,000 gallons per day capacity,
accompanied by an analysis by a professional engineer in sanitary or civil
engineer registered in the Commonwealth of Massachusetts certifying
compliance with § 170-6D.
E. Action. For uses not requiring a special permit under Chapter 179, the WQRC
shall act within 35 days of receiving a completed application, and shall issue a
COC if a majority determine that the applicant has adequately demonstrated
compliance with the requirements of this Bylaw. Any application that does not
demonstrate compliance with the requirements of this Bylaw shall be denied. For
uses requiring a special permit under Chapter 179, the WQRC shall make
recommendations to the SPGA within 35 days of receipt of the completed
application.
F. Certificate review.
(1) Every three years the WQRC shall review compliance with this Bylaw and
the COC. Upon request by the WQRC, certificate holders shall submit the.
following:
(a) Description of any changes from the originally submitted materials.
(b) Certification that the waste disposal system has been inspected by
a licensed septic system installer or treatment plant operator within
the preceding 90 days and was found to be properly maintained
and in proper operating condition.
(c) Results from analysis of leachate or wastewaters as may be
required by the Board of Health.
(2) Evidence of noncompliance shall be reported to the Building Commissioner
for the commencement of an enforcement action.
170-5 Use Regulations.
A. Prohibited uses. The following uses are prohibited throughout the Town of
Brewster:
(1) Landfills and open dumps as defined in 310 CMR 19.006.
(2) Storage of liquid petroleum, except the following: normal household use,
outdoor maintenance and heating of a structure; fuel storage facilities as
licensed by the Town; waste oil retention facilities required by statute, rule or
regulation; emergency generators required by statute, rule or regulation; or
treatment works approved under 314 CMR 5.00 for treatment of ground or
surface waters. Such storage as listed above shall be in freestanding containers
within buildings or above ground with secondary containment adequate to
contain a spill the size of the container's total storage capacity.
(3) Landfilling of sludge or septage as defined in 310 CMR 32.05.
(4) Storage of sludge and septage, unless such storage is in compliance with
310 CMR 32.30 and 310 CMR 32.31.
(5) Individual sewage disposal systems under one ownership designed in
accordance with 310 CMR 15.00 to receive more than 440 gallons of
sewage on any one acre per day, except that:
(a) The replacement or repair of a system, which will not result in an
increase in design capacity over the original design or the design
capacity of 310 CMR 15.00, whichever is greater, shall be
exempted.
Page 20 of 36
(b) Septic Systems in existence at the date of passage of this Bylaw
are exempt from Subsection A (5), provided that the regulations of
§ 170-6A are met.
(c) In cluster subdivisions, the total sewage flow allowed shall be
calculated based on the number of percable lots in the entire
parcel.
(6) Storage of deicing chemicals unless such storage, including loading areas,
is designed to prevent the generation and escape of contaminated runoff
or leachate.
(7) Storage of animal manure unless covered or contained in accordance with
the specifications of the United States Soil Conservation Service.
(8) Earth removal, not consistent with Section 179-39.
(9) Facilities that generate, treat, store or dispose of hazardous waste subject
to MGL C. 21C and 310 CMR 30.000, except the following:
(a) Very Small Quantity Generators of Class A Regulated Recyclable
Material as defined under 310 CMR 30.000.
(b) Household hazardous waste centers and events under 310 CMR
30.390.
(c) Waste oil retention facilities required by MGL C. 21, § 52A.
(d) Water remediation treatment works approved by the Department of
Environmental Protection (DEP) for the treatment of contaminated
ground- or surface waters.
(10) Automobile graveyards and junkyards, as defined in MGL C. 1406, § 1.
(11) Storage of hazardous materials, as defined in MGL C. 21E, unless in a
freestanding container within a building or above ground with adequate
secondary containment adequate to contain a spill the size of the
container's total storage capacity.
(12) Industrial and commercial uses which discharge process wastewater on
site.
(13) Storage of commercial fertilizers, as defined in MGL C. 128, § 64, unless
such storage is within a structure designated to prevent the generation of
contaminated runoff or leachate.
(14) The use of septic system cleaners which contain toxic or hazardous
chemicals.
B. Conditional uses. A COC may be issued by the WQRC for the following uses with
conditional provisions:
(1) Enlargement or alteration of existing uses that do not conform to this
Bylaw.
(2) The application of pesticides, including herbicides, insecticides, fungicides
and rodenticides, for nondomestic or nonagricultural uses meeting the
state and federal standards. If applicable, the applicant shall provide
documentation of compliance with a Yearly Operating Plan (YOP) for
vegetation management operations under 333 CMR 11.00 or a
Department of Food and Agriculture approved Pesticide Management Plan
or Integrated Pest Management (IPM) program under 333 CMR 12.00.
(3) The application of fertilizers for nondomestic or nonagricultural uses. Such
applications shall be made in a manner so as to minimize adverse impacts
on groundwater due to nutrient transport, deposition and sedimentation.
Page 21 of 36
(4) Except as provided for under Subsection A, those activities that involve
the handling of toxic or hazardous materials in quantities greater than
those associated with normal household use and permitted by zoning
regulations. Such activities shall require a COC to prevent contamination
of groundwater.
(5) The construction of dams or other water control devices, ponds, pools or
other changes in water bodies or courses, created for swimming, fishing
or other recreational uses, agricultural uses or drainage improvements.
Such activities shall not adversely affect water quality or quantity.
(6) Any use that will render impervious more than 15% or 2,500 square feet
of any lot, whichever is greater. A system for groundwater recharge must
be provided which does not degrade groundwater quality. For
nonresidential uses, recharge shall be by stormwater infiltration basins or
similar systems covered with natural vegetation, and dry wells shall be
used only where other methods are infeasible. For all nonresidential uses,
all such basins and wells shall be preceded by oil, grease and sediment
traps to facilitate removal of contamination. Any and all recharge areas
shall be permanently maintained in full working order by the owner.
(7) Any use which involves on-site wastewater disposal facilities having over
15,000 gallons per day capacity or disposal of process waste from
operations other than personal hygiene and food for residents, patrons
and employees.
(8) Treatment works that are subject to 314 CMR 5.00, including privately
owned sewage treatment facilities, except for the following:
(a) The replacement or repair of an existing treatment works that will
not result in a design capacity greater than the design capacity of
the existing treatment works.
(b) The replacement of existing subsurface sewage disposal system(s)
with wastewater treatment works that will not result in a design
capacity greater than the design capacity of the existing system(s).
(c) Treatment works approved by the Massachusetts Department of
Environmental Protection designed for the treatment of
contaminated groundwater.
(d) Sewage treatment facilities in those areas with existing water
quality problems when it has been demonstrated to the
Department of Environmental Protection's and the Special Permit
Granting Authority's satisfaction both that these problems are
attributable to current septic problems and that there will be a net
improvement in water quality.
(9) Boat and motor vehicle service and repair, where allowed by zoning
regulations.
(10) Stockpiling and disposal of snow and ice containing deicing chemicals
where allowed by zoning regulations.
170-6 Performance Standards.
To preserve the natural land surface providing high-quality recharge to the
groundwater, to limit sewage flow and fertilizer application to amounts which will be
adequately diluted by natural recharge and to prevent the discharge or leakage of toxic
or hazardous substances into the groundwater resource, all uses shall meet the
following performance standards:
A. The concentration of nitrate nitrogen resulting from domestic wastewater
disposal and from fertilizer application, when diluted by rainwater recharge on
the lot, shall not exceed five parts per million (5 ppm). Evidence of compliance
Page 22 of 36
with this section shall be to the satisfaction of the WQRC. Compliance with this
standard is presumed under the following conditions:
(1) All uses:
(a) A sewage flow as determined by Title 5 of the State
Environmental Code not exceeding 110 gallons per day
(gpd) per 10,000 square feet of lot area and less than 10%
of the lot area maintained in cultivated lawn.
(b) Compliance shall otherwise be certified by a registered
professional engineer in sanitary or civil engineering.
B. All toxic or hazardous materials shall be stored in product-tight containers,
protected from corrosion, accidental damage or vandalism and shall be used and
handled in such a way as to prevent spillage with provisions for spill containment
and cleanup procedures. In addition, commercial enterprises shall be required to
maintain a product inventory and reconcile said inventory with purchase, use,
sales and disposal records at sufficient intervals to detect product loss.
Subsurface fuel and chemical storage facilities in compliance with local
regulations and Massachusetts fire prevention regulations shall be deemed to be
in compliance with this standard.
C. No toxic or hazardous materials shall be present in waste disposed on the site.
Waste composed in part or entirely of toxic or hazardous materials shall be
retained in product-tight containers for removal and disposal by a licensed
scavenger service or as directed by the Board of Health.
D. Contaminant levels in groundwater resulting from disposal of any substance from
operations, other than personal hygiene and food for residents, patrons and
employees or from wastewater treatment and disposal systems greater than
15,000 gallons per day capacity, shall not exceed those levels specified in the
Drinking Water Regulations of Massachusetts, 310 CMR 22.00, after allowing for
dilution by natural recharge on the premises. If higher, background levels of
individual constituents in the groundwater shall not be exceeded.
E. All runoff from impervious surfaces shall be recharged on the site and diverted
towards areas covered with vegetation for surface infiltration to the extent
possible. Dry wells shall be used only where other methods are infeasible and
shall be preceded by oil, grease and sediment traps to facilitate removal of
contaminated solids. In the vicinity of chemical or fuel delivery points, provision
shall be made for spill control.
F. Sand and gravel removal operations shall be limited to a plane that is at least
twenty (20) feet above the historical high groundwater level for that location.
Land area exposed at any one time shall be limited to no more than five (5)
contiguous acres in surface area and land shall be returned to a natural
vegetative state within one year of completion of operations in that area.
170-7 Enforcement.
The provisions of this Bylaw shall be enforced by the Building Commissioner, the Board
of Health or by the members of the WQRC.
A. Inspection. The Building Commissioner or an agent of the Board of Health or
members of the WQRC may enter upon the premises at any reasonable time to
inspect for compliance with the provisions of this Bylaw. Evidence of compliance
with approved waste disposal plans may be required by the enforcing ofFcers. All
records pertaining to waste disposal and removal shall be retained on the
premises.
B. Rescission of Water Quality Certificate. The WQRC reserves the right to rescind a
COC if a violation or non-compliance occurs, requiring the certificate holder to re-
apply for a new certificate.
C. Violations. Written notice of any violations shall be provided to the holder of the
COC, specifying a time for compliance, including cleanup of any spilled materials
which is reasonable in relation to the public health hazard involved and the
Page 23 of 36
difficulty of compliance, but in no event shall more than 30 days be allowed for
either compliance or finalization of a plan for longer term compliance, approved
by the WQRC.
or any other action relative thereto
(Majority Vote Required)
(Planning Board)
M TION: I move that the town vote to indefinitely postpone consideration
of article no. 17.
ACTION: Adopted unanimously to indefinitely postpone.
ZONING BYLA WAMENDMENT /Use Variances
ARTICLE NO. 18: To see if the Town will vote to amend the Code of the Town
of Brewster, Chapter 179, also known as the Zoning Bylaws, Article X, Administration and
Enforcement, Section 179-52, Variances, by removing the words "including variances for
use" in Paragraph A, so that Paragraph A of Section 179-52 which now reads:
The Board of Appeals may hear and decide appeals or petitions for variances
from the terms of this chapter, including variances for use, with respect to
particular land or structures. Such variance shall be granted only in cases where
the Board of Appeals finds all of the following:
will instead read:
The Board of Appeals may hear and decide appeals or petitions for variances
from the terms of this chapter with respect to particular land or structures. Such
variance shall be granted only in cases where the Board of Appeals finds all of
the following:
and further to see if the Town will vote to amend Article X, Administration and
Enforcement, Section 179-52, Variances, by adding Subsection C which will read:
C. No variance may authorize a use or activity not otherwise permitted in the
district in which the land or structures are located, provided however, that such
variance if properly granted prior to the date of the adoption of this section, may
be altered or changed or extended in accordance with the provisions contained
in this section.
or to take any other action relative thereto.
(Two-Thirds Vote Required)
(Planning Board)
M TI N: I move that the town vote to approve article no. 18 as printed in
the warrant.
ACTI N: Defeated.
ZONING B YLA WAMENDMENT / Affordab/e Housing
ARTICLE NO. 19: To see if the Town will vote to amend the Code of the Town
of Brewster, Chapter 179, also known as the Zoning Bylaws, Article IX, Special
Regulations, by deleting Section 179-42.1, Affordable Accessory Apartments, in its
entirety and replacing it with the following:
§ 179-42.1 Affordable Housing
A. For the purposes of encouraging affordable housing, as defined in Article
I, Section 179-2(B), this Section shall control, subject to the following
general conditions and standards:
B. General Conditions
(1) Affordable housing units created pursuant to this section shall be
use-restricted for as long as they shall exist in accordance with any
special conditions allowed herein. Said restrictions and/or
conditions shall be noted on the occupancy permit and recorded at
the Barnstable County Registry of Deeds. Proof of such recording
Page 24 of 36
shall be submitted to the Zoning Enforcement Official Prior to
occupancy.
(2) Affordable housing units shall only be leased to and/or used by
families/individuals meeting one of the categories of qualified
persons as defined in Section 179-2(B), Affordable Housing.
Affordable housing units' maximum rents shall be governed by the
Massachusetts Department of Housing and Community
Development regulations, and shall not exceed the maximum rent
under the then current guidelines.
(3) Affordable housing units shall only be occupied as year-round
residential domiciles. Leases for affordable housing units shall be
for a minimum term of twelve (12) months.
(4) Affordable housing units shall have an occupancy restriction of two
(2) persons per bedroom, and said restriction shall be noted on the
occupancy permit.
(5) To the extent permitted by law, current employees of the Town of
Brewster and residents of the Town of Brewster shall receive
preference in the selection of tenants for affordable housing units.
(6) Reserved.
(7) Record title holders of property upon which an affordable housing
unit is situated, or will be situated, shall be solely responsible for
submitting all of the information required under this section to the
Zoning Enforcement Official.
(8) Failure to comply with any provision contained in Section 179-42.1
shall constitute a violation under the Zoning Bylaws and shall be
subject to fines and penalties enumerated in Section 179-49,
except that each day a violation is found to exist shall constitute a
separate offense. Any fines rendered as a result of a violation of
Section 179-42.1 shall be deposited in the Brewster Affordable
Housing Fund account for future expenditure towards affordable
housing projects and/or programs.
C. Standards
(1) Affordable Accessory Single Family Dwelling Units (AADU)
a. AADUs created pursuant to this section shall be subject to
the General Conditions noted in Section 179-42.1(8) above.
b. An AADU shall only be permitted upon property occupied by
the record title holder as a year-round principal or accessory
dwelling.
c. One (1) AADU shall be allowed as a matter of right on
residentially zoned lots that exceed the area regulations
contained in Section 179-16, Table 2, by at least twenty-five
percent (25%). One (1) AADU may be allowed by special
permit on a lot with a minimum of 40,000 square feet of
area, but less than one hundred twenty-five percent (125%)
of the minimum lot size contained in Section 179-16, Table
2.
d. AADUs allowed as a matter of right may be situated in,
attached to, or detached from the primary structure,
provided that all frontage, setback, height, and lot coverage
requirements are met.
e. AADUs may be allowed by special permit if : 1.) the lot has
an area of more than 40,000 square feet, but less than
60,000 square feet provided the lot has a structure or
structures existing prior to the enactment of this section, or
2.) the lot is residentially zoned, has at least one hundred
Page 25 of 36
and twenty-five percent (125%) of the minimum lot size
required for the district in which it is situated, has a
structure or structures existing prior to the enactment of this
section, but does not meet the frontage, set back, height
and lot coverage requirements, The Zoning Board of Appeals
may issue a special permit only if it finds that the
requirements for a special permit are met and all of the
General Conditions and Standards of Section 179-42.1 are
met.
Unless a permitted "in-law apartment" or affordable
accessory apartment, or a legally pre-existing non-
conforming apartment existed upon the property prior to the
enactment of this section, no AADU shall exceed the number
of bedrooms or area limit allowed for in the definition of
AADU contained in §179-2.
g. AADUs shall have at least one (1) but not more than three
(3) designated parking spaces.
h. No AADU shall be sold (in condominium ownership form)
separate and apart from the principal structure to which it is
an accessory use, unless it has been in use for a period of
fifteen (15) consecutive years and the Zoning Board of
Appeals grants a special permit allowing the AADU to be sold
as a separate unit with the condition that it remain an
affordable single-family dwelling unit in perpetuity.
(2) Affordable Accessory Commercial Dwelling Units (AACDU)
a. AACDUs created pursuant to this section shall be subject to
the General Conditions noted in Section 179-42.1(6) above.
b. AACDUs shall only be permitted where the owner of the
property resides in the Town of Brewster or where a
property manager responsible for the management of the
AACDU resides in the Town of Brewster.
c. One (1) AACDU shall be allowed as a matter of right as an
accessory use for each Commercial, Industrial, or Business
zoned lot, provided that such lot meets the requirements of
Table 2 and Table 3 of Article V, Area and Bulk Regulations.
d. A Commercial, Industrial, Business zoned lot which does not
meet the requirements of Table 2 and Table 3 of Article V,
Area and Bulk Regulations, may be allowed one (1) or more
AACDU by special permit provided that the Special Permit
Granting Authority finds that the requirements for a special
permit are met and all of the General Conditions and
Standards of Section 179-42.1 are met.
e. Unless otherwise granted by special permit, AACDUs shall
only be situated within, above, or attached to the principal
structure to which it is an accessory use.
f. Unless a legally pre-existing non-conforming apartment
existed upon the property prior to the enactment of this
section, no new AACDU shall exceed the number of
bedrooms or area limit provided in Section 179-42.1.
g. AACDUs shall have a minimum of one (1) designated parking
space.
h. No AACDU shall be sold (in condominium form of ownership)
separate or apart from the principal structure to which it is
an accessory use.
Page 26 of 36
(3) Affordable Multifamily Dwelling Units (AMDU)
a. Reserved.
and to further see if the Town will vote to amend the Code of the Town of Brewster,
Chapter 179, also known as the Zoning Bylaws, Article IV, Use Regulations, Section
179-11, Table 1, "Use Regulations", Lines 3.1 and 3.2 under "Residential" uses, by
deleting Lines 3.1 and 3.2, which currently read:
RR RL RM CH VB I MRD
PWSCF
3.1 1-family dwelling with an accessory apartment S S S
3.2 Affordable Accessory Apartment S S S S S --
and replacing that wording with the following:
RR RL RM CH VB I MRD
PWSCF
3.1 Affordable Accessory Dwelling Units
P P P P P P
or to take any other action relative thereto.
(Two-Thirds Vote Required)
(Planning Board)
MOTION: I move that the town vote to approve Article 19 as printed in the
warrant with the following amendments:
On page #47 In Section C. Standards:
Category (1) Affordable Accessory Single Family Dwelling Units (AADU)
under Sub-section (c)
replace the words "a lot" with "existing lots" from the second sentence.
On that same page #47: Section C.
Standards Category (1) Affordable Accessory Single Family Dwelling Units
(AADU) under sub-section (e).
delete the words "but less than 60,000 square feet" from bullet #1
On page #48 Continuing in Section C.
Standards but in Category (2) Affordable Accessory Commercial Dwelling
Units (AACDU) under sub-section (d)
add the following words "either meets or" to the first sentence.
ACTI N: Adopted unanimously.
ZONING BYL4WAMENDMENT/Affordab/e Housing DeNnitions
ARTICLE NO. 20: To see if the Town will vote to amend the Code of the Town
of Brewster, Chapter 179, also known as the Zoning Bylaws, Article I, General
Provisions, Section 179-2, Definitions, Subparagraph B by deleting the current definition
of "Affordable Accessory Apartment" in its entirety and replacing it with new definitions
entitled "Affordable Housing," "Affordable Accessory Dwelling Units," "Affordable
Accessory Commercial Dwelling Units," and "Affordable Multi-Family Dwelling Units" so
that the definition of Affordable Accessory Apartment which currently reads:
AFFORDABLE ACCESSORY APARTMENT - A dwelling unit, controlled by a use
restriction, recorded at the Barnstable County Registry of Deeds for affordability
as defined in the Affordable Accessory Apartment Bylaw, and allowed by special
permit duly authorized by the Zoning Board of Appeals in accordance with § 179-
42.1
will be replaced with the following:
Page 27 of 36
AFFORDABLE HOUSING - A dwelling unit, controlled by ause-restriction in
accordance with § 179-42.1, the Affordable Housing Bylaw, and occupied by
individuals falling into one of the following categories:
(1) Immediate family members of the record owner of the dwelling
unit, for example a son, daughter, mother, father, or grandparent.
(2) Individuals with low or moderate income levels as provided in the
Massachusetts Department of Housing and Community
Development (DHCD) regulations and verified by the Brewster
Housing Authority or other DHCD approved agency.
AFFORDABLE ACCESSORY SINGLE-FAMILY DWELLING UNIT (AASDU) -
Affordable housing, either attached or detached, as an accessory use to a single-
family dwelling. It shall have a maximum of two (2) bedrooms and a maximum
of nine hundred (900) square feet of area.
AFFORDABLE ACCESSORY COMMERCIAL DWELLING UNIT (AACDU) -Affordable
housing as an accessory use in a commercial district. It shall have a maximum
of one (1) bedroom and a maximum of six hundred (600) square feet of area.
AFFORDABLE MULTI-FAMILY DWELLING UNITS (AMDU) -More than two (2) but
no more than four (4) affordable housing units within a building unit. Each
affordable housing unit shall have a maximum of two (2) bedrooms and a
maximum of nine hundred (900) square feet of area.
or to take any other action relative thereto.
(Two-Thirds Vote Required)
(Planning Board)
MOTION: i move that the town vote to approve article no. 20 as printed in
the warrant.
ACTI N: Adopted unanimously.
ZONING BYLAW AMENDMENT /Home Occupations
ARTICLE NO. 21: To see if the Town of Brewster will vote to amend the Code
of the Town of Brewster, Chapter 179, also known as the Zoning Bylaws, Article I,
General Provisions, Section 179-2, Definitions, Subparagraph B by deleting the current
definition of "HOME OCCUPATION" which currently reads:
HOME OCCUPATION - An accessory use which, by custom, has been carried on
entirely within a dwelling unit, incidental and subordinate thereto, carried on by
the occupants of the dwelling unit with a limited number of nonresident
employees, not in any manner changing the residential character of the building.
and replacing it with the following definition:
HOME OCCUPATION -Use of a dwelling unit accessory building by its
resident(s) for employment purposes involving the manufacture, provision or sale
of goods and/or services which are clearly incidental and subordinate to its use
for residential purposes. Said use must meet the following criteria:
A. The home occupation shall be owned and operated by the resident(s) of the
premises.
B. Non-family members shall not be employed on the premises.
C. Absent a special permit pursuant to § 179-37(G), the home occupation must
take place within a structure and lot that conforms to the Brewster Zoning
Bylaw.
D. The home occupation is one of the following:
(1) Retail sales of products produced, grown or crafted by the resident(s) of
the premises;
(2) Professional services.
Page 28 of 36
and further to see if the Town will vote to amend the Code of the Town of Brewster,
Chapter 179, also known as the Zoning Bylaws, Article IX, Special Regulations, by
deleting Section 179-37 in its entirety and replacing it with the following:
§ 179-37. Home Occupations.
A. A home occupation is allowed provided that not more than 400 square feet shall
be used in the conduct of any or all home occupations. The area devoted to
home occupations may be allocated between the dwelling unit and an accessory
building located on the same lot as the dwelling unit, but in no case shall the
total floor area of the home occupation exceed 400 square feet.
B. The owner /operator of a home occupations shall file with the Building
Department by June 1 of every year, a statement signed by the owner of the
premises as follows: ~~I (name of owner) whose address is
(address of owner) affirm under the pains and penalties of perjury that I
operate a home occupation permitted by the Zoning Bylaw at the above noted
location and said operation utilizes no more than 400 square feet, as defined.
" (dated signature of owner).
C. There shall be no change in the outside appearance of the premises, or any
other visible evidence of such home occupation other than one non illuminated
sign, not exceeding two square feet in area. All home occupations conducted
therein must be inscribed or displayed, if at all, on the one sign of 2 foot square
or smaller size. There shall be no exterior storage of material or equipment. No
trading in merchandise may be conducted except for products made on the
premises and other items customarily maintained in connection with, and
incidental to, such merchandise.
D. No equipment or process shall be used in a home occupation which creates
noise, vibration, flare, fumes, odors or electrical interferences, detectable to the
normal senses off the lot. In the case of electrical interference, no equipment or
process shall be used which creates visual or audible interference in any radio or
television receivers off the premises.
E. No traffic shall be generated by a home occupation in greater volume than would
normally be expected in that residential neighborhood, nor which jeopardizes the
traffic safety of that neighborhood. The home occupation may increase parking
by no more than two additional vehicles at a time, and said parking shall be off
the street but not in a front yard or within five feet of any side or rear property
line.
F. No persons, other than family residents, may be regularly employed on the
premises in connection with such home occupations.
G. A special permit, pursuant to the terms and conditions of § 179-51 and as
otherwise conditioned by the Planning Board, shall be required for certain home
occupations and on certain lots as follows:
(1) Any home occupation which otherwise meets the applicable provisions of §
179-37, except that it utilizes a lot which does not conform to the minimum
lot dimensional requirements;
(2) Reserved.
H. In addition to the terms and conditions imposed by § 179-51, the Planning Board
may impose terms and conditions on the use and activities of a Home
Occupation including limitations that minimize the impact of the Home
Occupation on abutting or nearby properties, including but not limited to: hours
of operation, parking, ingress and egress, lighting, security, landscaping, trash
Page 29 of 36
disposal, fencing and the cumulative impacts of existing or potential Home
Occupations in the immediate and/or proximate neighborhoods.
I. All home occupations existing on November 5, 2007, must register by November
5, 2008, in order to be exempt from this Section.
or to take any other action relative thereto.
(Two-Thirds Vote Required)
(Planning Board)
M TI N: I move that the town vote to indefinitely postpone consideration
of article no. 21.
A I N: Adopted unanimously to indefinitely postpone.
ZONING BYLAW AMENDMENT /Earthmoving, Earth Removal and
Excavations
ARTICLE NO. 22: To see if the Town will vote to amend the Code of the Town
of Brewster, Chapter 179, also known as the Zoning Bylaws, Article IX, Special
Regulations, Section 179-39, Earth removal and excavation, by deleting it in its entirety
and replacing it with Section 179-39, "Earthmoving, Earth Removal and Excavation"
which shall read as follows:
~ 179-39 Earthmoving, Earth Removal and Excavation
A. Except where such activity is clearly incidental to the development of a site for a
building or street or active cranberry bog or where the activity is approved
coincident to the construction of a subdivision of land approved by the Planning
Board pursuant to G.L. c.41, s.81-U, no earth shall be moved from any area
where the amount of earth moved is 1,000 cubic yards or more within any two-
year period unless authorized by a special permit by the Planning Board.
B. In no case shall the Board issue a special permit for moving a greater amount of
earth than the Board deems necessary for the purpose stated in the special
permit application.
C. After the effective date of this Section, no special permit shall be issued for a
new earthmoving operation within any lands within the Groundwater Protection
Area.
D. Definitions. As used in this section, the following terms shall have the meanings
indicated below. The word "shall" or "will" indicated mandatory requirements.
Terms and words not defined herein but defined in the Brewster Town Code,
Chapter 179, Zoning, shall have the meanings given therein unless a contrary
intention clearly appears. Words not defined in either place shall have the
meanings given in the then most current edition of the Webster's Unabridged
Dictionary.
BOARD -Shall mean the Planning Board.
EARTH -Shall include, but not be limited to, soil, sand, clay, gravel and rock.
EARTHMOVING -Shall mean mining, stripping, quarrying, filling, digging or
blasting of earth and its transportation on or off the site.
NEW EARTHMOVING -Shall mean any earthmoving, mining, quarrying, filling,
digging, or blasting of earth or bed rock, in or on parcels which prior to
September 25, 2007 had not been legally subjected to this type of activity. Such
Parcels, whether under common ownership with parcels where Earthmoving
activity is ongoing or abutting parcels where Earthmoving activity is ongoing shall
be subject to this definition and any attempted effort to expunge lot lines to
consolidate an Earthmoving parcel with a New Earthmoving parcel shall be
prohibited.
E. Procedures;~plan information.
1. Each application for a special permit for earthmoving shall be subject to
the procedures as required by §179-51 of the Zoning Bylaw, as amended.
Page 30 of 36
2. Each application for a special permit for earthmoving shall be
accompanied by a plan, showing the premises in sufficient detail to
describe the proposed operation and including the following:
(a) Site Plan -Property and street lines, names and addresses of
applicants, property owners and abutters drawn to a twenty-foot or
forty-foot scale.
(b) Locus Plan -the applicant's entire property holdings within a 2 mile
radius must be shown on a plan drawn to atwo-hundred foot
scale;
(c) Existing topography of the site in two-foot contours showing all
man-made features, property lines, fences/stonewalls, vegetative
cover and the topography by five-foot contours 100 feet beyond
the limits of the property where the excavation is to take place
drawn to a twenty-foot or forty-foot scale;
(d) Proposed final topography of the site in two-foot contours drawn to
a twenty-foot or forty-foot scale;
(e) Elevation of the seasonal high groundwater table and the historical
high groundwater table;
(f) Location and manner in which all cover material is to be stored;
(g) Estimated quantity of material to be removed and topsoil to be
replaced and the method to be used, verified by a registered
Massachusetts land surveyor or professional civil engineer;
(h) Reclamation plan, showing the following information drawn to a
twenty-foot or forty-foot scale:
(i) Final grades and elevations;
(ii) Location, types and amounts of vegetation to be planted;
(iii) Drainage plans, swales and berms as may be applicable;
(iv) Location of any structures that are to remain;
(v) The form of performance guaranty to be used and the
name and address of the guarantor.
(i) Specific details as to where debris, including but not limited to tree
stumps, shall be disposed of;
(j) A road map shall be provided indicating the routes to be used to
transport the earth removed, including any driveways to and from
the subject property. Not more than one entrance and one exit
from a way, public or private, shall be provided to any area of
operation. Access points shall be located in such a way so as to
avoid routing of vehicles over developed residential streets;
(k) Fences must show that the property is completely fenced and
access is restricted.
F. Permit limitations. No special permit for earthmoving shall be issued for a period
of more than two (2) years, although such a special permit may be renewed for
additional two (2) year periods in the same manner. Where the request covers a
parcel of land greater than one (1) acre, a special permit may be granted for a
specific part of the whole, not to exceed five contiguous acres. Approval of
additional areas shall be contingent upon the satisfactory completion and
reclamation of each previous section except on such abutting portions as the
Board deems necessary for continuity of said earthmoving operation. Work of
any sort connected with earthmoving shall not be performed on more than one
phase area at a time. Lots under common ownership shall not be consolidated
by expunging lot lines to expand operational rights.
G. Each special permit shall be subject to, but not limited to, the following
restrictions where applicable:
1. All vegetation and soil suitable for cover material shall be stockpiled or
windrowed and retained for future use in the reclamation of the affected
area;
2. For earthmoving operations, border buffer strips, in which natural
vegetation and soil are undisturbed, shall be left for a width of at least
100 feet from the side line of any road open to public use, except for
designated access to the earthmoving operation, and for a width of at
Page 3 I of 36
least 200 feet from all abutting property lines unless written consent of
the abutting property owner has been received by the Board;
3. The preservation of trees, bushes and other vegetation and the erecting
of a six-foot high landscaped berm or fencing may be required within 200
feet of a property line to muffle objectionable noise or vibration and to act
as a visual screen from adjacent properties or ways;
4. The depth of any excavation shall be limited to a plane that is at least 20
feet above the historical high groundwater level for that location, unless
the purpose is to create a pond or active cranberry bog;
5. Provisions shall be maintained during operations for the control of noise,
dust and/or erosion caused by wind or water which would affect the
adjacent properties or trafFc along a roadway;
6. Only uses allowed in the special permit shall take place on the subject
premises;
7. No earth or other materials foreign to the subject premises, including but
not limited to boulders, asphalt, cement, road construction debris,
demolition debris and tree stumps, shall be brought onto or deposited on
the subject premises during the period of the special permit except topsoil
and living plant material for reclamation use, unless specifically allowed by
special permit;
8. The special permit grantee shall, to the satisfaction of the Board, stake or
mark all phase areas where work and restoration have been completed,
the phase area currently being worked, and any phase areas for which
subsequent work is planned. These boundary markers shall be maintained
at all times during the time period of original and any renewed special
permits;
9. Records showing the amount of earth removed shall be provided to the
Planning Board on each one-year anniversary date of the granting of the
special permit by a registered Massachusetts professional engineer or civil
engineer on a certified as-built plan;
10. No earthmoving or related operations which might disturb Brewster
residents shall take place except between 8:00 a.m. and 5:00 p.m.
Monday through Friday and 8:00 a.m. and 12:00 noon on Saturdays and
in no case on a legal federal holiday or Sunday. Included among related
operations are the starting of engines either for vehicles or machinery,
loading and unloading of trucks, and preparations for commencing work
which are plainly audible at a distance of 150 feet from the property from
which the noise originates;
11. The subject property shall be kept free of any debris including tree
stumps. No debris generated on site shall be buried or otherwise disposed
of without the prior written consent of the Board of Health or its agent.
For the purposes of this paragraph, debris is not included in the definition
of "earth" above;
12. The applicant and property owner agree by acceptance of the special
permit to allow the Planning Board or its representative(s) free access to
the site to conduct inspections to determine compliance with the
conditions of the special permit at any time without prior notice;
13. The applicant for a special permit shall reimburse the Town of Brewster
for actual costs incurred in evaluation services, in advance, to monitor
operations on site should these services become necessary as determined
by the Board;
14. The Board must be notified of any transfer of ~:;wnership or legal interest
or change in contractual interest in the subject property, including the
earthmoving operator deriving income resulting from such work on said
property, within 10 days of such transfer or change. Failure to do so will
render the special permit null and void;
15. The reclamation plan of the altered land shall be performed in the
following manner:
(a) The slope of the finished banks shall not exceed one foot in depth
for every three feet of horizontal distance;
(b) At least four inches of topsoil shall be `placed or remain over the
subsoil;
Page 32 of 36
(c) The area shall be graded and seeded or planted to prevent erosion
and to conceal the scars of earth removal. Seeding, planting,
fertilizing and watering shall be done to the best professional
standards;
(d) The Board may allow a portion of a specific phase to be reclaimed
at a later specific date for purposes of starting work in an adjacent
phase or for purposes of interior roadways. However, these areas
must be shown on the submitted site plans.
H. Securi To ensure compliance with the conditions of the special permit the
applicant shall be required to post cash deposit or surety bond, in a form
acceptable to the Town Treasurer, in an amount sufficient to meet 115% of the
estimated cost of the required reclamation work. Within six months of the
completion of the operation, or following the expiration or withdrawal of the
special permit, the land shall be reclaimed in accordance with the conditions of
the special permit. Failure to comply with this section and the conditions of the
special permit shall result in forfeiture of the security to the Town of Brewster.
Said deposit or bond shall not be released until all conditions of the special
permit and ground cover vegetation is established in the sole opinion of the
Board
I. Renewal. Any special permit issued may only be renewed thereafter with a
public hearing legally advertised in accordance with G.L. c.40A, s.9. Applications
for renewal must be made 90 days or more before expiration of the current valid
special permit expires. Renewal, if granted, shall start the day the current special
permit expires. Renewal shall not be granted if work and restoration under the
current special permit fails any of the conditions imposed by the Board in the
originally issued special permit. Renewal may be denied if the applicant has a
history of violations.
J. Denial of permit. No special permit for earthmoving shall be issued if:
1. Such removal will endanger public health or safety or constitute a
nuisance or shall result in detriment to the normal use of adjacent
property by reason of noise, dust or vibration;
2. The work extends within 100 feet of a way open to public use, whether
public or private;
3. There is insufficient vegetative barrier to remain on the property upon
completion of the project to prevent view of this project from a way;
and/or
4. Any earthmoving activity in Brewster shall cease unless such earthmoving
activity lawfully exists prior to the effective date of this Section and said
earthmoving activities comply with the requirements of Section 179-61
(Performance Standards) and any additional conditions imposed by the
Board pursuant to Section 179-39, et.seq.
and to further see if the Town will vote to amend Article IV, Use Regulations, Section
197-11, Table 1, "Use Regulations", Lines 1, 2 and 3 under "Wholesale and
Manufacturing" uses, by deleting Lines 1, 2, and 3 which currently read:
R-R R-L R-M C-H V-B I MRD PWS-
CF
1.Removal of sand, gravel, S
quarry or other new material
(See § 179-39)
S S -- -- P -- --
2. Processing and treating of mixed
and quarried raw materials, including
operations appurtenant to the taking,
grading, drying, sorting, crushing,
grinding and milling operations
-- -- -- -- -- P --
Page 33 of 36
3. Excavations of sand and gravel S S S -- -- P -- --
(See § 179-39)
and replacing them with the following:
R-R R-L R-M C-H V-B I MRD PWS-
CF
1.Removal of sand, gravel, -- -- -- -- -- S S --
quarry or other new material
(See § 179-39)
2. Processing and treating of mixed -- -- -- -- -- S S
and quarried raw materials, including
operations appurtenant to excavating,
grading, drying, sorting, crushing,
grinding or milling of earth or earth
products
3. Excavations of sand and gravel -- -- -- -- -- S S --
(See § 179-39)
or to take any other action relative thereto
(Two-Thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 22 as printed in
the warrant.
AMENDED MOTION FROM THE FLOOR: I move that the town vote to
indefinitely postpone consideration of article no. 22.
ACTION ON AMENDED MOTION: Adopted to indefinitely postpone.
LAND ACQUISITION /Community Preservation Act
ARTICLE NO, 23: To see if the Town will vote to authorize the Board of
Selectmen to acquire a parcel of land designated on Brewster Assessors' Map 20 as
Parcel 23, located on Pine Hills Drive in Brewster, Barnstable County, Massachusetts,
consisting of nine and 84/100 (9.84 ac.) acres, more or less, and more accurately
described in a deed recorded in the Barnstable County Regis~ry of Deeds in Deed Book
10462, Page 217, and on a plan of land entitled, "Preliminary Subdivision of Land in
Brewster made for Sarah Stranahan by Slade Associates, August 17, 2006," a copy of
which is on file with the Brewster Town Clerk, together with a right of way over Pine
Hills Drive and Edwards Drive to Main Street; to acquire said parcel by gift, purchase
and/or eminent domain taking under Massachusetts General Laws, Chapter 79, or any
other enabling authority; to acquire said land for open spice, watershed protection,
conservation and passive recreation purposes for the general public, consistent with the
provisions of Mass. Gen. Laws, ch. 40, §8C, 310 C.M.R. 22.00, and Article 97 of the
Amendments to the Constitution of the Commonwealth of Massachusetts; to
appropriate the sum of ONE MILLION TWO HUNDRED THOUSAND AND 00/100
($1,200,000.00) DOLLARS to pay costs of this acquisition, and all other costs
incidental and related thereto; to authorize the Town Treasurer, with the approval of
the Board of Selectmen, to borrow up to the sum of ONE /~-:LLION TWO HUNDRED
THOUSAND AND 00/100 ($1,200,000,00) DOLLARS in anticipation of revenue
and grant receipts pursuant to the provisions of Chapter 149~,~§298 of the Acts of 2004,
as amended by Chapter 352, §§129-133 of the Acts of 2004, the so-called Barnstable
County Community Preservation Act, and/or to borrow money pursuant to the
provisions of Massachusetts General Laws, Chapter 44, Section 7(3) and Section 8C,
and/or any other enabling authority, and to issue bonds end/or notes of the Town
therefor; to authorize the Town Treasurer to transfer from available sums the sum of
FIFTEEN THOUSAND ($15,000,00) DOLLARS for the purpose of paying incidental
and related costs, including costs for grant funding applications and grant compliance,
Page 34 of 36
and the preparation, issuance and marketing of notes and bonds issued hereunder and
for paying interest on temporary notes issued in anticipation thereof; to authorize the
Board of Selectmen and the Conservation Commission to apply for, accept and expend
any funds which may be provided by the Commonwealth or other public or private
sources to defray a portion or all of the costs of acquiring this property, including but
not limited to funding under the Self-Help Act, General Laws, Chapter 132A, Section 11,
and/or the Federal Land & Water Conservation Fund, P.L. 88-568, 78 Stat 897, provided
that the amount of notes or bonds issued hereunder shall be reduced by the amount of
any such grants received or funds accepted prior to the sale of such notes or bonds,
and further provided that any such sums from non-municipal sources shall be deposited
in the open space account of the Community Preservation Fund; to authorize the Board
of Selectmen to grant to the Trustees of the Brewster Conservation Trust, for
consideration of FIFTY THOUSAND ($50,000.00) DOLLARS, a perpetual
Conservation Restriction on said premises pursuant to the provisions of General Laws,
Chapter 184, Sections 31 through 33, allowing the aforementioned uses; to authorize
the Conservation Commission to assume the care, custody, control and management of
the property; and to authorize the Board of Selectmen and Conservation Commission to
enter into all agreements and execute any and all instruments as may be necessary on
behalf of the municipality to effect this purchase and obtain reimbursement funding; or
to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
MOTION: That the Board of Selectmen is hereby authorized to acquire a
parcel of land designated on Brewster Assessors' Map 20 as Parcel 23,
located on Pine Hills Drive in Brewster, Barnstable County, Massachusetts,
consisting of nine and 84/100 (9.84 ac.) acres, more or less, and more
accurately described in a deed recorded in the Barnstable County Registry of
Deeds in Deed Book 10462, Page 217, and on a plan of land entitled,
"Preliminary Subdivision of Land in Brewster made for Sarah Stranahan by
Slade Associates, August 17, 2006," a copy of which is on file with the
Brewster Town Clerk, together with a right of way over Pine Hills Drive and
Edwards Drive to Main Street; to acquire said parcel by gift, purchase and/or
eminent domain taking under Massachusetts General Laws, Chapter 79, or
any other enabling authority; to acquire said land for open space, watershed
protection, conservation and passive recreation purposes for the general
public, consistent with the provisions of Mass. Gen. Laws, ch. 40, §8C, 310
C.M.R. 22.00, and Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts; that the sum of ONE MILLION TWO
HUNDRED THOUSANDAND 00/i00 ($1,223,400.00) DOLLARSis hereby
appropriated to pay costs of this acquisition, and all other costs incidental
and related thereto; that to meet this appropriation, the Town Treasurer,
with the approval of the Board of Selectmen, is hereby authorized to borrow
ONE MILLION TWO HUNDRED THOUSAND AND 00/100 ($1,200,000.00)
DOLLARSin anticipation of revenue and grant receipts pursuant to the
provisions of Chapter 149, §298 of the Acts of 2004, as amended by Chapter
352, §§129-133 of the Acts of 2004, the so-called Barnstable County
Community Preservation Act, and/or pursuant to the provisions of
Massachusetts General Laws, Chapter 44, Section 7(3) and Section 8C,
and/or any other enabling authority, and to issue bonds and/or notes of the
Town therefor; that the sum of TWENTY-THREE THOUSAND FOUR HUNDRED
AND 00/100 ($23,400.00) DOLLARS be transferred from the Fund Balance
Reserved for Open Space for the purpose of paying incidental and related
costs, including costs for grant funding applications and grant compliance,
and the preparation, issuance and marketing of notes and bonds issued
hereunder and for paying interest on temporary notes issued in anticipation
thereof; to authorize the Board of Selectmen and the Conservation
Commission to apply for, accept and expend any funds which may be
provided by the Commonwealth or other public or private sources to defray a
portion or all of the costs of acquiring this property, including but not limited
to funding under the Self-Help Act, General Laws, Chapter 132A, Section 11,
and/or the Federal Land & Water Conservation Fund, P.L. 88-568, 78 Stat
Page 35 of 36
897, provided that the amount of notes or bonds issued hereunder shall be
reduced by the amount of any such grants received or funds accepted prior
to the sale of such notes or bonds, and further provided that any such sums
from non-municipal sources shall be deposited in the open space account of
the Community Preservation Fund; to authorize the Board of Selectmen to
grant to the Trustees of the Brewster Conservation Trust, for consideration of
FIFTY THOUSAND AND 00/100 ($50,000,00) DOLLAR, a perpetual
Conservation Restriction on said premises pursuant to the provisions of
General Laws, Chapter 184, Sections 31 through 33, allowing the
aforementioned uses; to authorize the Conservation Commission to assume
the care, custody, control and management of the property; and to authorize
the Board of Selectmen and Conservation Commission to enter into all
agreements and execute any and all instruments as may be necessary on
behalf of the municipality to effect this purchase and obtain reimbursement
funding.
ACTION: Adopted unanimously.
LAND ACQUISITION /Community Preservation Act
ARTICLE NO, 24; To see if the Town will vote to act upon the
recommendations of the Community Preservation Committee and authorize the
Board of Selectmen to acquire a parcel of land designated do Brewster Assessors'
Map 47 as Parcel 29, located off Long Pond Road in Brewster, Barnstable County,
Massachusetts, consisting of 5 acres, more or less, and more accurately described
in a deed recorded in the Barnstable County Registry of Deeds in Deed Book
10,521, Page 74; to acquire said parcel by gift, purchase and/or eminent domain
taking under Massachusetts General Laws, Chapter 79, or any other enabling
authority; to acquire said land for open space, watershed protection, conservation
and passive recreation purposes for the general public, consistent with the
provisions of Mass. Gen. Laws, ch. 40, §8C, 310 C.M.R. 22.OU, and Article 97 of the
Amendments to the Constitution of the Commonwealth of Massachusetts; to
appropriate a sum of money to pay costs of this acquisition, and all other costs
incidental and related thereto; to authorize the Town Treasurer, with the approval
of the Board of Selectmen, to borrow a sum of money in anticipation of revenue
and grant receipts pursuant to the provisions of Chapter 149, §298 of the Acts of
2004, as amended by Chapter 352, §§129-133 of the Acts cf 2004, the so-called
Barnstable County Community Preservation Act, and/or to borrow money pursuant
to the provisions of Massachusetts General Laws, Chapter 44, Section 7(3) and
Section 8C, and/or any other enabling authority, and to issue.'bonds and/or notes of
the Town therefor; to authorize the Town Treasurer to transfer from available sums
a sum of money for the purpose of paying incidental and related costs, including
grant funding applications, grant compliance fees, costs .for the preparation,
issuance and marketing of notes and bonds issued hereunder and for paying
interest on temporary notes issued in anticipation thereof; to authorize the Board of
Selectmen and the Conservation Commission to apply for, accept and expend any
funds which may be provided by the Commonwealth or other public or private
sources to defray a portion or all of the costs of acquiring this property, including
but not limited to funding under the Massachusetts Executive Office of
Environmental Affairs Drinking Water Supply Protection Gant Program, provided
that the amount of notes or bonds issued hereunder shill be reduced by the
amount of any such grants received or funds accepted prdr to the sale of such
notes or bonds; to authorize the Board of Selectmen to granto the Trustees of the
Brewster Conservation Trust, for no consideration, a perpetual Conservation
Restriction on said premises pursuant to the provisions of General Laws, Chapter
184, Sections 31 through 33, allowing the aforementioned uses; to give the care,
custody, control and management of the property to the Conservation Commission;
and to authorize the Board of Selectmen and Conservation Commission to enter
into all agreements and execute any and all instruments as..may be necessary on
behalf of the municipality to effect this purchase and obtain reimbursement
funding; or to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
L
Page 36 of 36
M TION: I move that the town vote to approve article no. 24 as printed in
the warrant and to transfer the sum of $70,000.00 from Fund Balance
Reserved for Open Space account for this purpose.
ACTION: Adopted unanimously.
PENSION FUND
ARTICLE N0.25 To see if the Town will vote to transfer from available
funds a sum of money to add to the Pension Fund, or to take any other action relative
thereto.
(Majority Vote Required)
(Board of Selectmen)
MOTION: I move that the town vote to approve article no. 25 as printed in
the warrant and to transfer the sum of $150,000.00 from Free Cash for this
purpose.
ACTION: Adopted unanimously.
STABILIZATION FUND
ARTICLE ND. 26; To see if the Town will vote to transfer from available funds
a sum of money to add to the Stabilization Fund, or to take any other action relative
thereto.
(Two-Thirds Vote Required)
(Board of Selectmen)
MOTION: I move that the town vote to approve article no. 26 as printed in
the warrant and to transfer the sum of $250,000.00 from Free Cash for this
purpose.
ACTI N: Adopted unanimously.
ANY OTHER BUSINESS
ARTICLE NO.27; To act on any other business that may legally come before
this meeting.
(Majority Vote Required) (Board of Selectmen)
M TION: I move that the town vote to dissolve the November 5"', 2007
Special Town Meeting.
ACTION: Adopted unanimously.
The meeting was dissolved at 10:02p.m.
True Copy Attest:
Q
Mildred A. Unger
Town Clerk