HomeMy Public PortalAbout2011-11-07-Special Town Mtg Warrant TOWN OF BREWSTER
SPECIAL TOWN MEETING
NOVEMBER
2011
s
Barnstable , ss
To : Roland W . Bassett
Constable of the Town of Brewster
Greetings :
In the name of the Commonwealth of Massachusetts, you are hereby
directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town
affairs to meet at the Stony Brook Elementary School Cafetorium on Monday, November 7 ,
2011 next, at 7 : 00 p . m . o 'clock in the evening , then and there to act upon the following
articles
UNPAID ILL
ARTICLE NO. 1 ; To see if the Town will vote to transfer from available funds a
sum of money to pay the following bills incurred but unpaid during a previous fiscal year,
a . Cape Cod Hospital $ 215 . 00
b . Sea Sports , Inc . $ 37 . 00
c . Comcast $ 60 . 00
d . Our Outhouses, Inc . $ 540 . 00
e . Supermedia , LLC $ 384 . 00
f. Comm -Works $ 383 . 00
g . The Chas . C . Hart Seed Company $ 151150 . 00
h . Mass Maritine Academy $ 395 . 00
I UPS $40 . 00
j . Cape & Vineyard Electric Cooperative , Inc . $ 1944 . 00
Grand Total $ 21 , 148 . 00
or to take any other action relative thereto .
( Nine -Tenths Vote Required ) ( Board of Selectmen )
BUDGETA R Y TRANSFERS
TICLE NOz 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 2012 Budget of other departments ,
as follows .
a ) Transfer the sum of $47,, 080 . 00 from Road Betterment Receipts Reserved for
Appropriation account to line item no . 4 ( Debt Service/Standish Heights & Hazel
Lane ) of article no . 3 of the 2011 Annual Town Meeting ,
or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
TICL E NOo .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 2012 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 :
1
TRANSFER
FROM
AVAILABLE
ITEM DEPARTMENT FUNDS
10 Deuartment of Public Works .
a . Road Sweeper Lease Payment $ 38 , 900 . 00
b . Dump Truck $ 50 , 792 . 00
c . Trash Trailer Replacement $ 67 , 600 . 00
d . Tree Removal $ 151000 . 00
e . Road / Drainage Repairs $ 40 , 000 . 00
f. Spruce Hill Driveway Repair Project $ 39 , 262 . 00
g . MS4 implementation $ 60 , 000 . 00
Sub -total $ 311f554x00
2 . Fire Deoartmenta.
a . Dispatch Services Expense $ 32 , 000 . 00
b . Rescue Service Billing Expense $ 17 , 000 . 00
c . Fire Engine Lease/ Purchase Payment Expense $ 1081000 . 00
d . Ambulance Vehicle Replacement Project $ 160 , 000 . 00
e . SCBA Equipment Lease/ Purchase Payment $ 30 , 000 . 00
f. Fire Building Renovation Project $ 50 , 000 . 00
g . Personal Protective Equipment Acquisition $ 6 , 882 . 00
h . CMED Program Funding $ 6 , 530 . 00
Sub- total $ 4101412x00
Board of Selectmen .
a . Water Planning Professional Services Expense $ 951000 . 00
b . COA Telephone System & Computer Network Project $ 91014 . 00
c . Veterans Memorial Project $ 1 , 000 . 00
Sub - total $ 1051014zOO
Water Department .
a . Vehicle Replacement $ 351000 . 00
b . Water Construction Account $ 180 , 000 . 00
c . Pump Station Modification Project $ 22 , 900 . 00
Sub- total $ 2371900z00
so Elementary School Deoartment .
a . HVAC Maintenance & Repairs $ 75 , 000 . 00
b . Technology Project $ 30 , 000 . 00
c . Replace Tractor & Lawn Mower $ 42 , 000 . 00
d . Replace & Repair Gutters at Stony Brook School $ 201000 . 00
e . Replace Eddy School Water Faucets $ 111500 . 00
f. Carpet & Tile Replacement $ 7 , 000 . 00
Sub - total $ 18srsoomoo
6m Natural Resources Deoartment ,
a . Architectural/ Feasibility Study for Natural Resources Facility $ 151360 . 00
b . Freemans Pond Culvert Replacement Project $ 25 , 000 . 00
c . Ellis Landing Engineering Services $ 10 , 000 . 00
d . Millsites Site and Accessibility Improvement Project $ 80 . 000 . 00
Sub -total $ 1301360w00
7 . Ladies Libra
a . Ladies Library Telephone System Replacement Project $ 10 , 152 . 00
b . Technology Improvement Project $ 24 , 500 . 00
Sub -total 34, 2 .
Police Department ,
a . Portable Radio Replacement Program $ 16 , 182 . 00
b . Animal Control Vehicle Replacement $ 25 , 000 . 00
c . Security Camera Equipment $ 14 , 500 . 00
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d . Emergency Planning Fund $ 10 , 000 . 00
Sub - total $ 651682w00
99 Golf Deoartment .
a . Clubhouse Carpeting $ 20 , 000 . 00
b . Parking Lot Lighting $ 251000 . 00
c . Pro Shop Fixtures $ 15 , 000 . 00
u ® total $ 601000M
10 . Recreation Deoartment .
a Long Pond Dock System Replacement $ 26 , 000 . 00
u - total $ 2610OOmOO
Grand Total $ 11567, 74ss00J
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 )
COAfftfUNITY PRESER VA TION A CT FUNDING / Allocations
TICLE We 4, To see if the Town will vote to act upon the recommendations
of the Community Preservation Committees to appropriate from the Community
Preservation Fund to spend during Fiscal Year 2012 or to hold for future expenditure the
following sums from the Fund 's Fiscal Year 2012 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: Catenorv ,0 Request
1 . Onen SDace .
a . Mathews Property Land Acquisition Debt Service Expense $ 180, 000000
b . Bates Property Land Acquisition Debt Service Expense $ 61r058a00
2 . ousin :
a . Community Development Partnership : Nickerson State Park
Condominium affordable Rental Unit $ 15500200
rand - total $ 256, 558wOO
or to take any other action relative thereto .
( Majority Vote Required ) ( Community Preservation Committee )
SPECIAL REVENUE FUND / Cabe Franchise Fee Account
TICLE NOm 5so To see if the Town will vote to transfer the sum of El
THOUSAND 00/100 ($81, 000. 00) DOLLARS from the Cable Franchise Fee
account for local cable television related purposes , including , but not limited to the general
public purpose of supporting and promoting public access to the Brewster cable television
system ; training in the use of local access equipment and facilities ; access to community ,
municipal and educational meeting coverage ; use and development of an institutional
network and/or municipal information facilities ; and/or any other appropriate cable - related
purposes, or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
3
FUEL ASSISTANCE FUNDING
ARTICLEN , 6sm To see if the Town will vote to transfer from available funds a
sum of money for the Lower Cape Outreach Council , Inc . and to authorize the Board of
Selectmen to enter into contracts with this organization in order to provide fuel assistance
services for residents of Brewster, or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
NAUSET PUBLIC SCHOOLS HIGH SCHOOL RENOVATION PROJECT
ARTICLE NO, 7,• To see if the Town will approve the SIX MILLION FIVE
HUNDRED TWENTY-NINE THOUSAND ONE HUNDRED EIGHTY-SIX AND 00/100
($ 6, 529, 186 . 00 ) DOLLARS borrowing authorized by the Nauset Regional School District,
for the purpose of paying costs to replace the windows, exterior doors, and the roofs at
Nauset Regional High School located at 100 Cable Road , North Eastham MA 02651
including the payment of all costs incidental or related thereto (the " Project") , which
proposed repair project would materially extend the useful life of the school and preserve
an asset that otherwise is capable of supporting the required educational program , and for
which the District may be eligible for a school construction grant from the Massachusetts
School Building Authority (" MSBA") , said amount to be expended at the direction of the
Nauset Regional School Committee . The MSBA's grant program is a non - entitlement,
discretionary program based on need , as determined by the MSBA, and any Project costs
the District incurs in excess of any grant approved by and received from the MSBA shall be
the sole responsibility of the District and its member municipalities . Any grant that the
District may receive from the MSBA for the Project shall not exceed the lesser of thirty-
seven point thirty-two percent ( 37 . 32 % ) of eligible , approved project costs, as determined
by the MSBA, or ( 2 ) the total maximum grant amount determined by the MSBA, or take
any action relative thereto .
( Majority Vote Required ) ( Nauset Public School Committee )
CONSTRUCTION F EWATER PUNPSTATTONAND WATER MAIN
A TICLE . S; To see if the Town will vote to appropriate a sum of money to
pay costs of, constructing and originally equipping Water Supply Well No . 6 , associated
Pump Station and water main , 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 ) (Water Commission )
LAND ACQUISITIONI Community Preservation Actj
TICLE To see if the Town will vote to authorize the Board of Selectmen to
acquire a parcel of vacant land designated on Brewster Assessors ' Map 45 as Parcel 58 -
206 , located at Ruddy Duck Road , in Brewster, Barnstable County, Massachusetts ,
consisting of 3 . 04 acres, more or less, and more accurately described in deeds recorded in
the Barnstable County Registry of Deeds in Deed Book 15586 Page 45 , and shown as Lot 6
on a plan of land entitled , " Wood Duck Estates Definitive Subdivision Plan of Land in
Brewster, MA as Prepared for Richard C . Pozzo & Peter Willard , Scale : 1 ' = 60 ft . , February
6 , 2001 , Schofield Brothers Registered Professional Engineers and Land Surveyors, 161
Route 6A- P . O . Box 101 - Orleans, MA 02653 , " and recorded in Plan Book 565 Page 49 , a
copy of which is on file with the Brewster Town Clerk; to acquire said parcel by gift,
purchase and/or eminent domain taking under Massachusetts General Laws, Chapter 79 , or
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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 ; to appropriate
the sum of Two Hundred Thirty Thousand and 00/100 ($230, 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 Two hundred Twenty-Five Thousand and 00/100 ($225, 000. 00) pursuant to
the provisions of Massachusetts General Laws , Chapter 44, Section 7 ( 3 ) and Section 8C,
and/or any other enabling authority, and to issue bonds and/or notes of the Town therefor;
to authorize the Town Treasurer to transfer from available sums the sum of Five
Thousan 0/100 ($5, 000. 00) Dollars 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 ( now, so-called LAND
grants ) , provided that the amount of notes or bonds issued hereunder shall be reduced by
the amount of any such grants received or funds accepted prior to the sale of such notes
or bonds ; and further provided that any such sums from non - municipal sources shall be
deposited in the open space account of the Community Preservation Fund and those funds
are appropriated for and shall be applied to the lot's purchase price ; to authorize the
Board of Selectmen to grant to the Town of Orleans , for consideration of a sum not less
than Fifty- Four Thousand and 00/ 00 ( $ 54, 000 . 00 ) , a perpetual Conservation Restriction on
said premises pursuant to the provisions of General Laws , Chapter 184, Sections 31
through 33 , allowing the aforementioned uses at the time of closing or within a reasonable
amount of time thereafter, and , to authorize the Conservation Commission to assume ,
subject to the Conservation Restriction , 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 )
LAND AC UISITIOIII / Community Preservation Actj
ARTICLE , 10a To see if the Town will vote to authorize the Board of Selectmen
to acquire a parcel of vacant land designated on Brewster Assessors ' Map 38 as Parcel 85 ,
located at 0 Archies Cartway, in an area known as the Punkhorn in Brewster, Barnstable
County, Massachusetts , consisting of 6 . 017 acres, more or less, and more accurately
described in a deed recorded in the Barnstable County Registry of Deeds in Deed Book
18474 Page 274, and on a plan of land entitled , " Plan of Land in (West) Brewster as
surveyed for Barry M . Foss and F . Stephen Foss , Scale : 1 " = 50 ', Sept . 1986 , Slade
Associates , Inc . , Route 6 at Pine Point Road , Wellfleet MA . 02267 " a copy of which is on file
with the Brewster Town Clerks 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, C . 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 Two
Hundred even -Five Thousand and 00/100 ($275, 000. 00) Dollars, to pay the
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
Two Hundred SeventyThousand and /10 ($270, 000. 00) Dollars 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 the sum of Five
Thousand /1 ($5, 000. 00) Dollars for the purpose of paying incidental and
related costs , including costs for grant funding applications and grant compliance , and the
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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 ( now, so -called LAND
grants) , provided that the amount of notes or bonds issued hereunder shall be reduced by
the amount of any such grants received or funds accepted prior to the sale of such notes
or bonds ; and further provided that any such sums from non - municipal sources shall be
deposited in the open space account of the Community Preservation Fund and those funds
are appropriated for and shall be applied to the lot's purchase prices to authorize the Board
of Selectmen to grant to 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 at the time of closing or within a reasonable amount of time
thereafter; and , to authorize the Conservation Commission to assume , subject to the
Conservation Restriction , 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 )
GIFT" OF LAND
ARUCLENO. 11 ; To see if the Town will vote to accept a gift of real property as
shown on the Board of Assessors ' Map No . 42 , Lot No . 90 - 1 and to place the same under
the jurisdiction and control of the Board of Selectmen , or to take any other action relative
thereto .
(Two -thirds Vote Required ) ( Board of Selectmen )
TOWN CODEAMENDMENTI Operation ®n Ponds
A R TICLE NOs 12; To see if the Town will vote to amend the Code of the Town of
Brewster, Chapter 69 - 2 , BOATS/ARTICLE I , Operation on Great Ponds, as follows :
Current lanauaae :
A . No gasoline , diesel or electric powered motors over three horsepower shall be
permitted on any freshwater ponds in the Town of Brewster .
B . Any emergency rescue boat shall be exempted from these limitations .
C . These regulations shall not apply to ponds in Nickerson Park or ponds which are
partly in the Town of Harwich , with the exception of Seymour Pond .
D . Any person violating this section shall be punished by a fine of not more than $ 200
for each offense .
Proposed lanauaae :
A . No gasoline , diesel or electric powered motors over three horsepower shall be
permitted on any freshwater ponds in the Town of Brewster .
B . Any emergency rescue boat shall be exempted from these limitations .
C . These regulations shall not apply to ponds in Nickerson Park or ponds which are
partly in the Town of Harwich , with the exception of Seymour Pond ,
D . Any person violating this section shall be punished by a fine of 1 for each
offense .
or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
6
ZONING B YZA WAMENDMENTI Art Galleries
ARTICLEARTICLENO. 13.o To see if the Town will vote to amend the Town of Brewster Zoning
By- laws Section 179 Attachment 1 , Table 1 , Retail and Service , 2 (Antique Shop ) by adding
the words "Art Gallery", so that it reads ( new text is in bol italics) :
- L - - V- B I MRD PWS �
C
2 . Antique shop , Art - - P P P - - - -
gallery
and by adding the following definition to Section 179 - 2 ( Definitions ) , following the
definition of "Animal Hospital : "
T GALLS Y ® Floorspace devoted t® the production, showing ®r sale of art
including but n®t limited ® paintings, sculptures, handcrafts, and photographs.
This definition does not include art museums. An Art Gallery can also
accommodate art classes for n® more than 10 students per class
or take any other action relative thereto
(Two -thirds Vote Required ) ( Planning Board )
GENEMAL ,UYLA WAMENDMENTI Discharges to Municipal Storm Drains
ARTICLENO. I4e To see if the Town will vote to amend the Code of the Town of
Brewster by adding as Chapter 115 the following .
Chanter 115
BYLAW GOVERNING ISG
TO THE MUNICIPAL STORM DRAIN SYSTEM
115 - 1 ® PURPOSE
The regulation of illicit connections and discharges to the municipal storm drain system is
necessary for the protection of the Town of Brewster's water bodies and groundwater, and
to safeguard the public health , safety, welfare and the environment .
The objectives of this Bylaw are .
1 . To prevent pollutants from entering the Town of Brewster's municipal separate
storm sewer system ( MS4) ;
2 . To prevent illicit connections and unauthorized discharges to the MS4 ;
3 . To require removal of all such illicit connections ;
4 . To comply with state and federal statutes and regulations relating to stormwater
discharges ; and
5 . To establish the legal authority to ensure compliance with the provisions of this
bylaw through inspection , monitoring , and enforcement .
115 ® 2 ® DEFINITIONS
For the purposes of this by- law, the following terms are defined as follows .
AUTHORIZED ENFORCEMENT AGENCY * The Department of Public Works ( hereinafter
" DPW ") , its employees or agents designated to enforce this by- law .
ST MANAGEMENT PRACTICE (BMP) : An activity, procedure , restraint, or structural
improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
CLEAN ATE CT : The Federal Water Pollution Control Act ( 33 U . S . C . § 1251 et seq . )
as hereafter amended .
DISCHARGE OF POLLUTANTS " The addition from any source of any pollutant or
combination of pollutants into the municipal storm drain system or into the waters of the
United States or Commonwealth of Massachusetts .
GROUNDWATERm Water beneath the surface of the ground .
7
ILLICIT CONNECTION * A surface or subsurface drain or conveyance , which allows an
illicit discharge into the municipal storm drain system , and these discharges include
sewage , process wastewater, or wash water and any connections from indoor drains ,
sinks , or toilets, regardless of whether said connection was previously allowed , permitted ,
or approved before the effective date of this by- law .
ILLICIT DISCHARGE : Direct or indirect discharge to the municipal storm drain system
that is not composed entirely of stormwater, except as exempted in Section 7 , subsection
4 . The term does not include a discharge in compliance with an NPDES Stormwater
Discharge Permit or a Surface Water Discharge Permit, or a discharge resulting from fire
fighting activities exempted pursuant to Section 7 , subsection 4 of this bylaw .
IMPERVIOUS SURFACE : Any material or structure on or above the ground that prevents
water infiltrating the underlying soil . Impervious surface includes without limitation roads,
paved parking lots, sidewalks , and rooftops .
MUNICIPAL SEPARATE STORM SEWER SYSTEM ( S4) or MUNICIPAL STORM
DRAIN SYSTEM : The system of conveyances designed or used for collecting or conveying
stormwater, and this system includes any road with a drainage system , street, gutter, curb ,
inlet, piped storm drain , pumping facility, retention or detention basin , natural or man -
made or altered drainage channel , reservoir, and other drainage structure that together
comprise the storm drainage system owned or operated by the Town of Brewster .
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( PDS) STORM
ATR DISCHARGE PERMIT , A permit that is issued by United States Environmental
Protection Agency or jointly with the Commonwealth of Massachusetts and that authorizes
the discharge of pollutants to waters of the United States .
NON - STORMWATER DISCHARGEN Discharge to the municipal storm drain system not
composed entirely of stormwater .
PERSON: An individual , partnership, association , firm , company, trust, corporation ,
agency, authority, department or political subdivision of the Commonwealth or the federal
government, to the extent permitted by law, and any officer, employee, or agent of such
person .
POLLUTANTO Any element or property of sewage , agricultural , industrial or commercial
waste , runoff, leachate , heated effluent, or other matter whether originating at a point or
nonpoint source , that is or may be introduced into any sewage treatment works or waters
of the Commonwealth . Pollutants shall include without limitation :
1w paints , varnishes, and solvents ;
2 . oil and other automotive fluids ;
3 . non - hazardous liquid and solid wastes and yard wastes , except dried leaves ;
4 , refuse , rubbish , garbage , litter, or other discarded or abandoned objects ,
ordnances , accumulations and floatables ;
50 pesticides , herbicides , and fertilizers ;
6s hazardous materials and wastes ; sewage , fecal coliform and pathogens ,
7w dissolved and particulate metals ;
8 . animal wastes ;
9a rock, sand , salt, soils ;
10 . construction wastes and residues ; and
11 . noxious or offensive matter of any kind .
PROCESS WASTEWATER , Water which , during manufacturing or processing , comes into
direct contact with or results from the production or use of any material , intermediate
product, finished product, or waste product .
RECHARGE : The process by which groundwater is replenished by precipitation through
the percolation of runoff and surface water through the soil .
STOR AT : Stormwater runoff, snow melt runoff, and surface water runoff and
drainage .
TOXIC or HAZARDOUS ATRI L ® r WASTEm Any material , which because of its
quantity, concentration , chemical , corrosive, flammable , reactive, toxic , infectious or
radioactive characteristics, either separately or in combination with any substance or
substances, constitutes a present or potential threat to human health , safety, welfare , or to
the environment . Toxic or hazardous materials include any synthetic organic chemical ,
petroleum product, heavy metal , radioactive or infectious waste , acid and alkali , and any
substance defined as Toxic or Hazardous under G . L . Ch . 21C and Ch . 21E , and the
regulations at 310 CMR 30 . 000 and 310 CMR 40 . 0000 .
WATERCOURSE : A natural or man - made channel through which water flows or a stream
of water, including a river, brook or underground stream .
8
WATERS OF THE COMMONWEALTHN All waters within the jurisdiction of the
Commonwealth of Massachusetts, and those waters include , without limitation , rivers,
streams , lakes, ponds , springs , impoundments , estuaries, wetlands, costal waters, and
groundwater .
WASTEWATER : Any sanitary waste , sludge , or septic tank or cesspool overflow, and
water that during manufacturing , cleaning or processing , comes into direct contact with or
results from the production or use of any raw material , intermediate product, finished
product, byproduct or waste product .
115 - 3 . APPLICABILITY
This Bylaw applies to any and all flows entering the municipally owned storm drainage
system .
1154 . AUTHORITY
This Bylaw is adopted under the authority granted by the Home Rule Amendment of the
Massachusetts Constitution , the Home Rule statutes , and the regulations of the federal
Clean Water Act found at 40 CFR 122 . 34 . Nothing in this Bylaw is intended to replace the
requirements or authority of any other bylaw, state, federal or superseding authority .
115 - 5 . RESPONSIBILITY FOR ADMINISTRATION
The DPW shall administer, implement and enforce this by- law . Any powers granted to or
duties imposed upon the DPW may be delegated in writing by the DPW to employees or
agents of the DPW . The Brewster Board of Health , Natural Resources_Director or the
Building Commissioner may act as an agent of the DPW .
1 TIONS
The DPW, through the Board of Selectmen and following a public hearing , may promulgate
rules and regulations to effectuate the purposes of this by- law . Failure by the DPW to
promulgate such rules and regulations shall not have the effect of suspending or
invalidating this by- law .
11 - 7 . PROHIBITED ACTIVITIES
. Illicit Discharge an No person shall dump, discharge, cause or allow to be
discharged any pollutant, or non - stormwater discharge into the municipal separate
storm sewer system ( MS4 ) , into a watercourse , or into the waters of the
Commonwealth or abutting property .
2 . Illicit Connection - No person shall construct, use , allow , maintain or continue any
illicit connection to the municipal storm drain system , regardless of whether the
connection was permissible under applicable law, regulation or custom at the time
of connection .
3a Obstruction of the Municipal Storm Drain System — No person shall obstruct
or interfere with the normal flow of stormwater into or out of the municipal storm
drain system without prior written approval from the DPW .
4 . Exemptions
. Discharge or flow resulting from fire fighting activities ;
. The following non - stormwater discharges or flows are exempt from the
prohibition of non - stormwaters provided that the source is not a significant
contributor of a pollutant to the municipal storm drain system .
a . Waterline flushing ;
b . Flows from potable water sources ;
c . Springs ;
d . Natural flows from riparian habitats and wetlands ;
e . Diverted stream flow ;
f. Rising groundwater;
g . Uncontaminated groundwater infiltration as defined in 40 CFR 35 . 2005 ( 20 ) ,
or uncontaminated pumped groundwater ( e . g . sump pump or crawl space
pump ) , provided that where a pump intake exists inside a structure, the
operator seeks a permit from the DPW prior to discharge, and thereafter
discharges in accordance with the requirements of the permit and applicable
laws and regulations to be issued by the DPW ;
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h . Water from exterior foundation drains , footing drains ( not including active
groundwater dewatering systems) , or air conditioner condensation ;
i . Discharge from landscape irrigation or lawn watering ;
j . Water from individual residential vehicle washing , including but not limited to
cars , boats and recreational vehicles . It is recommended that washing take
place on a pervious surface , such as a lawn or other unpaved area ;
k . Discharges from dechlorinated swimming pool water ( less than one part per
million chlorine ) provided that the owner seeks a permit from the DPW prior
to discharge , and thereafter discharges in accordance with the requirements
of the permit and applicable laws and regulations to be issued by the DPW,
and provided the water is allowed to stand for one week prior to draining , or
tested for chlorine levels with a pool test kit prior to draining , and the pool is
drained in such a way as to not cause a nuisances
I . Discharge from street sweeping ;
m . Dye testing , provided verbal notification is given to the DPW prior to the time
of the test, preferably at least 72 hours prior to the start of the tests
n . Non - stormwater discharge permitted under a National Pollutant Discharge
Elimination System ( NPDES ) Permit, or waste discharge order administered
under the authority of the United States Environmental Protection Agency,
provided that the discharge is in full compliance with the requirements of the
permit, waiver or order and applicable laws and regulations ; and
o . Discharges for which advanced written approval is received from the DPW as
necessary to protect public health , safety, welfare or the environment .
§ 115 - 8 . EMERGENCY SUSPENSIONF STORM DRAINAGE SYSTEMACCESS
A . The DPW may suspend municipal storm drain system access to any person or property
without prior written notice when such suspension is necessary to stop an actual or
threatened discharge of pollutants that presents or may present imminent risk of harm to
the public health , safety, welfare or the environment . In the event any person fails to
comply with an emergency suspension order, the DPW may take all reasonable steps to
prevent or minimize harm to the public health , safety, and welfare of the environment .
B . Any user that denies the Authorized Enforcement Agency reasonable access to the
user' s premises for the purpose of inspection , monitoring , records examination , or
sampling of non stormwater or stormwater discharges is subject to discharge termination .
C . Any user notified of a suspension of its discharge shall immediately stop or eliminate its
contribution . In the event of a user' s failure to immediately comply voluntarily with the
suspension order, the Authorized Enforcement Agency may take such steps` as deemed
necessary, including immediate severance of the sewer or storm drain connection , to
prevent or minimize damage to the municipal storm drain system or its receiving stream ,
or endangerment to any individuals . The Authorized Enforcement Agency may allow the
user to recommence its discharge when the user has demonstrated to the satisfaction of
the Authorized Enforcement Agency that the period of endangerment has passed .
§ 115 - 9v NOTIFICATIONF SPILLS
Notwithstanding other requirements of local , state or federal law, as soon as any person
responsible for a facility or operation , or responsible for emergency response for a facility
or operation has information of any known or suspected a release of materials at that
facility or operation which is resulting or may result in discharge of pollutants to the
municipal drainage system or waters of the Commonwealth , that person shall take all
necessary steps to ensure containment and cleanup of the release . In the event of a
release of oil or hazardous materials, the person shall immediately notify the Brewster Fire
and Police Departments , DPW and Board of Health . In the event of a release of non -
hazardous material , the reporting person shall notify the DPW no later than the next
business day . Written confirmation of all telephone , facsimile or in person notifications shall
be provided to the DPW within three business days thereafter . If the discharge of
prohibited materials is from a commercial or industrial facility, the facility owner or
operator of the facility shall retain on - site a written record of the discharge and the actions
taken to prevent its recurrence . Such records shall be retained for at least three years .
10
§ 11540 . ENFORCEMENT
1 . The DPW or an authorized agent of the DPW shall enforce this by- law, regulations,
orders , violation notices , and enforcement orders , and may pursue all civil and
criminal remedies for such violations .
2 . Civil Relief - If a person violates the provisions of this bylaw or of the regulations ,
permits, notices, or orders issued thereunder, the DPW may seek injunctive relief in
a court of competent jurisdiction to restrain the person from activities which would
create further violations or to compel the person to perform abatement or
remediation of the violation .
3w Orders — The DPW or an authorized agent of the DPW may issue a written order to
enforce the provisions of this by- law or the regulations thereunder, and these orders
may require .
A . elimination of illicit connections or discharges to the MS4 ;
B . performance of monitoring , analyses , and reporting ; and
C . remediation of contamination in connection therewith .
If the enforcing person determines that abatement or remediation of contamination
is required , the order shall set forth a deadline by which such abatement or
remediation must be completed . Said order shall further advise that, should the
violator or property owner fail to abate or perform remediation within the specified
deadline , the Town may, at its option , undertake such work, and the expenses
thereof shall be charged to the violator .
Within thirty ( 30 ) days after completing all measures necessary to abate the
violation or to perform remediation , the violator and the property owner will be
notified of the costs incurred by the Town , including administrative costs . The
violator or property owner may file a written objection to the amount or basis of
costs with the DPW within thirty ( 30 ) days of receipt of the notification of the costs
incurred . If the amount due is not received by the expiration of the time in which to
file a protest or within thirty ( 30 ) days following a decision of the DPW affirming or
reducing the costs, or from a final decision of a court of competent jurisdiction , the
costs shall become a special assessment against the property owner and shall
constitute a lien on the owner' s property for the amount of said costs . Interest shall
begin to accrue on any unpaid costs at the statutory rate provided in G . L . Ch . 59 ,
Section 57 after the thirty-first day at which the costs first become due .
65 Criminal Penalty ® Any person who violates any provision of this by- law,
regulation , order or permit issued thereunder, shall be punished by a fine of
$ 100 . 00 . Each day or part thereof that such violation occurs or continues shall
constitute a separate offense .
7 . Non—Criminal Disposition — As an alternative to criminal prosecution or civil
action , the Town may elect to utilize the non - criminal disposition provision set forth
in G . L . Ch . 40 , Section 21D for any violation of this by- law or of any regulations ,
permit, notice , or order issued under it . The enforcing person shall be any member
of the Department of Public Works, or the Police Department ,
8 . Entry to Perform Duties Under this Bylaw - To the extent permitted by state
law, or if authorized by the owner or other party in control of the property, the
DPW, its agents , officers, and employees may enter upon privately owned property
for the purpose of performing their duties under this by- law and regulations and
may make or cause to be made such examinations , surveys or sampling as the DPW
deems reasonably necessary .
9 . Appeals - The decisions or orders of the DPW shall be final . Further relief shall be
to a court of competent jurisdiction .
10 . Remedies Not Exclusive - The remedies listed in this bylaw are not exclusive of
any other remedies available under any applicable federal , state or local law .
11541 . SEVERABILITY
The provisions of this by- law are hereby declared to be severable . If any provision ,
paragraph , sentence , or clause , of this bylaw or the application thereof to any person ,
establishment, or circumstances shall be held invalid , such invalidity shall not affect the
other provisions or application of this by- law .
II
11542 . TRANSITIONAL
Residential property owners shall have 120 days from the effective date of the by- law to
comply with its provisions provided good cause is shown for the failure to comply with the
bylaw during that period .
or take any other action relative thereto .
( Majority Vote Required ) ( Planning Board )
ZONING Y A E T / Farm StandslGreenhouses
Article 15.m To see if the Town will vote to amend the Code of the Town or
Brewster, Chapter 179 Zoning , Table 1 Use Regulations by repealing , under the
Agriculture heading , these two use entries :
5-
RwR - L RwM C - V- 113 I MRD CF
2 . Year- round greenhouse or P P - P - - - -
stand for wholesale and
retail sale of agricultural or
farm produce
3 . Year- round greenhouse or P P - P P - - -
stand
by adding the following use entry :
- R - L R- C- H V- 13 I MRD C
2 ' Year- round greenhouse or P P S P P P - -
stand for wholesale and/or
retail sale of agricultural or
farm produce
and by renumbering the subsequent use entries 4 through 9 as 3 through 8 ,
or to take any other action relative thereto .
(Two -thirds Vote Required ) ( Planning Board )
ZONING YL N E T I Large Scale Solar Installa i s
ARTICLEN 16; To see if the Town will vote to amend the Town of Brewster Zoning
By- laws Chapter 179 , by renumbering the current Article XIV as Article XV and by adding
as a new Article XIV the following :
ARTICLE XIV
Lar e - calla Ground - Mounted
Solar Photovoltaic Installations
1 . 0 Purpose
The purpose of this bylaw is to provide standards for new large- scale ground - mounted
solar photovoltaic installations, including the placement, design , construction , operation ,
monitoring , modification and removal of such installations , and thereby, to address public
safety, and to minimize impacts on scenic, natural and historic resources .
12
The provisions set forth in this section shall apply to the construction , operation , and/or
repair of large- scale ground - mounted solar photovoltaic installations on private property
and Town - owned land .
1 . 1 Applicability
This section applies to large - scale ground - mounted solar photovoltaic installations
proposed after the effective date of this section . For the purposes of this section , a
large - scale ground - mounted solar photovoltaic installation is any solar photovoltaic
array with a rated name plate capacity of 250 kW ( DC) or more . This section also
pertains to physical modifications that materially alter the type , configuration , or size
of these installations or related equipment ,
2 . 0 Definitions
As of Right Siting , Development may proceed without the need for a special permit,
variance, amendment, waiver, or other discretionary approval . As - of- right development
shall be subject to site plan review to determine conformance with local zoning ordinances
or bylaws . Projects cannot be prohibited , but can be reasonably regulated by the Building
Commissioner ,
Building Permit : A construction permit issued by the Building Commissioner ; the building
permit evidences that the project is consistent with the state and federal building codes as
well as local zoning by- laws, including those governing ground - mounted large - scale solar
photovoltaic installations ,
Designated Location : The zoning districts designated by Town Meeting , in accordance
with Massachusetts General Laws Chapter 40A, section 5 , where ground - mounted large
scale solar photovoltaic installations may be sited . Said locations are shown on a Zoning
Map pursuant to Massachusetts General Laws Chapter 40A Section 4 .
Lar e - cale Ground - Mounted Solar Photovoltaic Installation : A solar
photovoltaic system that is structurally mounted on the ground and is not roof-
mounted , and has a minimum nameplate capacity of 250 kW ( DC) or more .
On-Site Solar Photovoltaic Installations A solar photovoltaic installation that is
constructed at a location where other uses of the underlying property occur ,
Rated a e late Ca acit : The maximum rated output of electric power production
of the Photovoltaic system in Direct Current ( DC) ,
Solar Photovoltaic Array : an arrangement of solar photovoltaic panels .
Special Permit Granting Authoritym For applications requiring a special permit, the
special permit granting authority is the Planning Board
Staff evie : A review by Town staff pursuant to Section 83 of the Code of the Town
of Brewster .
Zoning Enforcement Agent ,w The Building Commissioner .
3 . 0 General Requirements for all Large - Scale Ground - Mounted Solar Power
Generation Installations
The following requirements are common to all solar photovoltaic installations to be sited
in designated locations .
. 1 Compliance with Laws, Ordinances and Regulations
The construction and operation of all large scale solar photovoltaic installations shall
be consistent with all applicable local , state and federal requirements , including but
not limited to all applicable safety, construction , electrical , and communications
requirements . All buildings and fixtures forming part of a solar photovoltaic
installation shall be constructed in accordance with the State Building Code .
13
3 . 2 Building Permit and Building Inspection
No large scale solar photovoltaic installation shall be constructed , installed or
modified as provided in this section without first obtaining a building permit .
3 . 3 Fees
The application for a building permit for a large scale solar photovoltaic installation
must be accompanied by the fee required for a building permit .
3 . 4 Staff Review and Site Plan Review
Large scale ground - mounted solar photovoltaic installations with 250 kW or larger of
rated nameplate capacity shall undergo Staff Review pursuant to the regulations in
Chapter 83 of the Brewster Town Code . They shall also undergo Site Plan Review
by the Planning BoardL prior to construction , installation or modification as provided
in this section , following the requirements in Sections 3 . 4 . 1 and 3 . 4 . 2 .
3 . 4 . 1 General
All plans and maps shall be prepared , stamped and signed by a Professional
Engineer licensed to practice in Massachusetts .
3 . 4 . 2 Required Documents
Pursuant to the plan review process , the project proponent shall provide the
following documents .
( a ) A site plan showing :
i . Property lines and physical features, including roads , for the project sites
ii . Proposed changes to the landscape of the site , grading , vegetation
clearing and planting , exterior lighting , screening vegetation or
structures ;
iii . Solar photovoltaic installation blueprints or drawings , signed by a
Professional Engineer licensed to practice in the Commonwealth of
Massachusetts, showing the proposed layout of the system and any
potential shading from nearby structures ;
iv . One or three line electrical diagram detailing the solar photovoltaic
installation , associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices ;
v . Documentation of the major system components to be used , including
the PV panels, mounting system , and inverters
vi . Name , address , and contact information for proposed system installer;
vii . Name , address , phone number and signature of the project proponent,
as well as all co - proponents or property owners , if any ;
viii . The name, contact information and signature of any agents representing
the project proponents and
( b ) A rendering or photo simulation showing the proposed project at completion ;
( c) Documentation of actual or prospective access and control of the project site
( see also Section 3 . 5 ) ;
( d ) An operation and maintenance plan ( see also Section 3 . 6 ) ;
( e ) A utility connection plan ( see also Section 3 . 9 . 3 ) , and an Acknowledgment of
Application from the electric utility ;
(f) Zoning district designation for the parcel ( s ) of land comprising the project
site ( submission of a copy of a zoning map with the parcel ( s ) identified is
suitable for this purpose ) ; and
( g ) Proof of liability insurance .
The Planning Board may waive documentary requirements as it deems
appropriate .
3 . 5 Site Control
The project proponent shall submit documentation of actual or prospective access
and control of the project site sufficient to allow for construction and operation of
the proposed solar photovoltaic installation .
14
3 . 6 Operation & Maintenance Plan
The project proponent shall submit a plan for the operation and maintenance of the
large - scale ground - mounted solar photovoltaic installation , which shall include
measures for maintaining safe access to the installation , storm water controls, and
general procedures for operational maintenance of the installation .
3 . 7 Utility Notification
No large- scale ground—mounted solar photovoltaic installation shall be constructed
until evidence has been given to the Planning Board that the utility company that
operates the electrical grid where the installation is to be located has been informed
of the solar photovoltaic installation owner or operator's intent to install an
interconnected customer- owned generator . Off-grid systems shall be exempt from
this requirement .
3 . 8 Di enio and Density Requirements
. . 1 Setbacks
For large - scale ground - mounted solar photovoltaic installations , front, side and rear
setbacks shall be as follows .
( a ) Front yard : The front yard depth shall be not less than twenty-five ( 25 ) feet in
the Industrial ( I ) and Municipal Refuse ( MRD) districts and not less than fifty
( 50 ) feet in other districts .
( b ) Side yard . Each side yard shall have a depth not less than fifteen ( 15 ) feet in the
Industrial ( I ) and Municipal Refuse ( MRD ) districts and not less than fifty ( 50 )
feet in other districts .
( c) Rear yard . The rear yard depth shall be not less than twenty-five ( 25 ) feet in the
Industrial ( I ) and Municipal Refuse ( MRD ) districts and not less than fifty ( 50 )
feet in other districts .
3 . 8 . 2 Appurtenant Structures
All appurtenant structures to large - scale ground - mounted solar photovoltaic
installations shall , in the case of special permits, be subject to reasonable
conditions concerning the bulk and height of structures, lot area , setbacks , open
space , parking and building coverage requirements . All such appurtenant
structures, including but not limited to , equipment shelters , storage facilities,
transformers, and substations , shall be architecturally compatible with each
other . Whenever reasonable, structures should be screened from view by
vegetation and/or joined or clustered to avoid adverse visual impacts .
3 . 9 Desi n Standards
3 . 9 . 1 Lighting
Lighting of solar photovoltaic installations shall be consistent with local , state and
federal law . Lighting of other parts of the installation , such as appurtenant
structures , shall be limited to that required for safety and operational purposes,
and shall be reasonably shielded from abutting properties . Where feasible ,
lighting of the solar photovoltaic installation shall be directed downward and
shall incorporate full cut- off fixtures to reduce light pollution .
3 . 9 . 2 Signage
Signs on large - scale ground - mounted solar photovoltaic installations shall comply
with Article VI of this by- law . A sign consistent with Article VI shall be required
to identify the owner and provide a 24- hour emergency contact phone number .
Solar photovoltaic installations shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator of the solar
photovoltaic installation .
3x93 Utility Connections
Utility connections from solar photovoltaic installations shall be underground , but
the Planning Board , after considering the soil conditions, shape, and topography
of the site and any requirements of the utility provider, may permit connections
15
above ground . Electrical transformers for utility interconnections may be above
ground if required by the utility provider .
3 . 9 . 4 Screening
The solar arrays should be screened from roads and from adjacent residential
lots by a minimum 5400t tall evergreen screen . The Planning Board may alter or
waive this requirement if such screening would have a detrimental impact on the
operation and performance of the array .
3 . 9 . 5 Security
Appropriate measures shall be taken to prevent the solar arrays from being
damaged or tampered with by individuals trying to access the area of the
installation . The method of securing the site shall be subject to the approval of
the Planning Board .
3 . 10 Safe and Environmental Standards
3 . 10 . 1 Emergency Services
The large scale solar photovoltaic installation owner or operator shall provide a
copy of the project summary, electrical schematic, and site plan to the Fire Chief.
Upon request the owner or operator shall cooperate with local emergency
services in developing an emergency response plan . All means of shutting down
the solar photovoltaic installation shall be clearly marked . The owner or operator
shall identify a responsible person for public inquiries throughout the life of the
installation .
3 . 10 . 2 Land Clearing , Soil Erosion and Habitat Impacts
All attempts should be made to locate a large—scale ground - mounted solar
photovoltaic installation in an area that requires little or no clearing of natural
vegetation . Clearing of natural vegetation shall be limited to what is necessary
for the construction , operation and maintenance of the large—scale ground -
mounted solar photovoltaic installation or otherwise prescribed by applicable
laws , regulations , and bylaws .
3 . 11 Monitoring and Maintenance
3 . 11 . 1 Solar Photovoltaic Installation Conditions
The large - scale ground - mounted solar photovoltaic installation owner or operator
shall maintain the facility in good condition . Maintenance shall include , but not
be limited to , painting , structural repairs , and integrity of security measures . Site
access shall be maintained at a level acceptable to the Fire Chief and Emergency
Medical Services . The owner or operator shall be responsible for the cost of
maintaining the solar photovoltaic installation and any access roads, unless they
have been accepted as public ways .
3 . . 2 Modifications
All material modifications to a solar photovoltaic installation made after issuance
of the required building permit shall require approval by the Planning Board .
3 . 12 Decommissioning
3 . 12 . 1 Removal Requirements
Any large - scale ground - mounted solar photovoltaic installation which has
reached the end of its useful life shall be removed . The owner or operator shall
physically remove the installation no more than 150 days after the date of
discontinued operations due to the installation reaching the end of its useful life .
The owner or operator shall notify the Planning Board by certified mail of the
proposed date of discontinued operations and plans for removal .
Decommissioning shall consist of:
16
( a ) Physical removal of all large - scale ground - mounted solar photovoltaic
installations , structures, equipment, security barriers and transmission lines
from the site .
( b) Disposal of all solid and hazardous waste in accordance with local , state , and
federal waste disposal regulations .
( c) Stabilization or re-vegetation of the site as necessary to minimize erosion .
The Planning Board may allow the owner or operator to leave landscaping or
designated below-grade foundations in order to minimize erosion and
disruption to vegetation .
or take any other action relative thereto .
(Two -thirds Vote Required ) ( Planning Board )
Z I Y E E TOLarge- ca/e Soar Arra s onPrivate Propertyl
ARTICLENO. 1a To see if the Town will vote to amend Chapter 179 , Table 1 ,
Community Facilities, by adding a new number 22 ( shown in bold ) as follows :
- L - C - V- B I MRD CF Lar e - cafe Ground - S S S S S P P p
Mounted Solar Roo -
voltaic Installation on
private property
or take any other action relative thereto .
(Two -thirds Vote Required ) ( Planning Board )
C E / Utility Easement
ARTICLE . 18.N To see if the Town will vote to authorize the Board of
Selectmen to grant, for no consideration , the Cape & Vineyard Electric Cooperative , Inc . an
easement to install and maintain an underground electric system on Town - owned property
in order to provide service to the new Department of Public Works Office & Garage Facility,
located at 201 Run Hill Road , or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
LEASE OF TOWN OWNEDPROPERTYFOR ENERGY TI �
TICLE NOx I9® To see if the town will vote to amend its vote under article no .
16 of the May 3 , 2010 Annual Town Meeting by striking the phase " not exceeding twenty
years in duration " and by substituting for it the phase ` for twenty-five years in duration "
and , otherwise , to confirm its purpose for the installation on Town land of photovoltaic
arrays and equipment to generate electricity if the terms and conditions are sufficiently
advantageous for the Town , or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
SPECIAL LEGISLATION / Rooms Occupancy Tax j
ARTICLENO. 20.o To see if the Town will vote to authorize the Board of
Selectmen to petition the General Court for special Home Rule legislation , as follows :
" Notwithstanding any general or special law to the contrary, the town of Brewster
may impose a room occupancy tax, in addition to any such occupancy tax currently
allowed by law, on any vacation or leisure accommodation , including but, not limited
to apartments , single or multiple family housing , cottages , condominiums and time
share units or any other such temporary occupancy not currently defined in
17
Massachusetts General Laws, chapter 64G . Vacation or leisure accommodation is
defined as occupancy for a price to be paid and intended at the time of contract to
be for a period of ninety consecutive days or less regardless of whether such use
and possession is as a lessee , tenant, guest or licensee . "
and to state that the legislature may vary the form of the enactment in order to properly
achieve its objectives ; or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
PROFESSIONAL E VICES / TAX TITLE ACC L/ T
ARTICLE. 2.1 ; To see if the Town will vote to transfer from available funds the
sum of FIVE THOUSAND AND 00/100 ($5, 000, 00) DOLLARS and 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 proceedings against delinquent
property tax accounts , or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
TO WN CODE A MENDMENTI TO EETI
ARTICLE NOff 228 To see if the Town will vote to amend Chapter 48 of the Code
of the Town of Brewster by adding as Article X, section 48 - 13 , the following .
In the event that meeting facilities available within the Town will not
accommodate the number of voters likely to attend a Special Town Meeting or
an Annual Town Meeting , the Board of Selectmen may designate a suitable
Meeting site outside the geographic limits of the Town . This authorization does
not extend to any election or question to be determined by ballot .
or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
LA NO USE FOR REE AELE E E GY
RTICLE NO. 23; To see if the Town of Brewster will authorize its Board of
Selectmen to enter into long -term contracts not to exceed a term of twenty-five years on
behalf of the Town with private entities or governmental organizations related to
renewable energy projects developed , sponsored or administered by the Cape & Vineyard
Electric Cooperative , Inc . , which contracts may include, but not be limited to : power
purchase agreements, renewable energy certificate contracts, renewable energy project
development agreements , and leases of land or buildings related to the development of
renewable energy ; or take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
CA P TAITAATNS GOLF COURSE SER VICE CONTRACT
ARTICLE NOx 24; To see if the Town will vote to authorize the Town
Administrator to enter into a contract or contracts for the lease of an irrigation software
service agreement at the Captains Golf Course for up to a five year period , or to take any
other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
is
TRANSFER CUSTODY1 Tax Title Property
TICLE NOs 25® To see if the Town will vote to transfer to the Conservation
Commission for conservation and passive recreation purposes the care , custody, control
and management of the following parcels acquired after non - payment of real estate taxes :
Assessors ' Information_ : Acres : Location :
a ) Map No . 31 , Parcel No . 52 0 . 90 0 State Park area
b ) Map No . 31 , Parcel No . 53 5 . 44 0 State Park area
c) Map No . 31 , Parcel No . 56 2 . 88 0 State Park area
d ) Map No . 38 , Parcel No . 86 2 acres + Archies Cartway
e ) Map No . 38 , Parcel No . 89 4 acres + Black Duck Cartway
f) Map No . 39 , Parcel No . 45 1 acre + West Gate Road
g ) Map No . 50 , Parcel No . 52 17 acres + Squantum Path
or to take any other action relative thereto .
( Majority Vote Required ) ( Board of Selectmen )
PROTECTING THEINTERESTS OFBREWSTER ENERGYCONSUMERS
RETURNING THE POWER TO L
TICL E NOm 2 ; To see if the Town will vote to better protect the interests of
Brewster's residential and business consumers and give residents a direct voice in regional
and local energy- related decision - making , as follows :
The Town 's representative to the Cape Light Compact ( CLC) and Cape & Vineyard Electric
Cooperative ( CVEC) shall be determined via nonpartisan election of a Brewster Energy
Advocate by the town 's voters , rather than at the discretion of the Board of Selectmen . As
for other positions , the Town Clerk shall be responsible for administrating the election .
The Brewster Energy Advocate shall have the following responsibilities :
Represent the interests of residential and business consumers in Brewster, as well as
the Town as a municipal consumer, as the Town 's voting member on the boards of CLC
and CVEC
® Promote ratepayer4unded energy efficiency programs available to local consumers and
increase awareness of power supply, renewable energy, rate discount, fuel assistance,
and other programs
® Solicit public input on CLC and CVEC decision - making processes and associated
practices, policies, priorities , and opportunities
Provide a primary point of contact for addressing consumer issues, concerns , and
questions relating to CLC and CVEC
® Consult with the Board of Selectmen , Town Administrator, Energy Committee , and
other elected and appointed officials on a regular basis as issues arise with CLC, CVEC,
private energy developers , and other local , regional , state, and federal entities
® Represent the public interest in any and all contract negotiation , permitting , and
regulatory processes, including executive sessions called by the Board of Selectmen ,
that relate to energy projects sited within or outside the Town 's borders and involve the
Town , CLC, CVEC, and/ or other parties
® Serve as an appointed or ex- officio member the Town 's Energy Committee , as
determined by the Board of Selectmen
® Increase public awareness and energy literacy by working with CLC, CVEC, and others
as appropriate to support outreach and education programs in Brewster schools , at the
Brewster Ladies Library, through the Council on Aging , and by other means
® Report to the public, Board of Selectmen , Town Administrator, Energy Committee, and
others on CLC and CVEC meetings and activities on at least a bimonthly basis and
through public hearings as defined below
The Brewster Energy Advocate , with support from Town , CLC, and CVEC officials, shall be
responsible for holding at least two public hearings each year to increase awareness and
improve disclosure regarding CLC power supply rates and options, CLC energy efficiency
19
programs, and CVEC activities . These hearings shall be conducted in the June/July and
December/January timeframes, consistent with the normal schedule of adjustments in
electric rates for residential and business consumers . The Brewster Energy Advocate shall
hold an additional public hearing in February of each year to support an annual review of
CLC and CVEC activities and projects and their impacts on Brewster consumers during the
previous calendar year . In particular, this hearing shall address the benefits realized by the
Town , its constituents, and residential and business consumers for individual programs and
projects in and outside of Brewster, as well as all costs and benefits incurred by CVEC,
CLC, and other parties . For renewable energy projects, value streams to be accounted for
include but are not limited to energy sales , net metering credits , renewable energy
certificates, forward capacity market revenues , and carbon market allowances . On an as-
needed basis, the Brewster Energy Advocate also shall hold public hearings to review any
changes in the power purchase price , allocation of net energy or other commodities , lease
payment, impact mitigation , or other terms included in contracts and/or permit conditions
established between the Town , CVEC, CLC, and other parties and relating to the
aforementioned projects . CLC and CVEC staff or responsible officials shall be asked to
provide relevant and comprehensive data and information for presentation at each of the
aforesaid hearings .
The first election of the Brewster Energy Advocate shall be held in conjunction with the
May 2012 local election , with subsequent elections occurring every other year and
scheduled to correspond with the local election . After each election , the candidate
receiving the most votes shall immediately assume the position of Brewster Energy
Advocate . The Board of Selectmen shall appoint an alternate to fulfill the Brewster Energy
Advocate 's responsibilities in the event said individual is not available on a temporary basis
or vacates the position for any reason . If the position is vacated , the appointee shall serve
as the Brewster Energy Advocate for the remainder of the present term , and the Board of
Selectmen shall appoint another alternate . No special election shall be called to fill a
vacated position .
The Town Code shall be updated as needed to reflect the provisions of this article .
or to take any other action relative thereto .
( Majority Vote Required ) ( Citizen Petition )
20
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 )
And you are hereby directed to serve this Warrant with your doings thereon to the
Town Clerk at the time and place of said meeting as aforesaid .
Given under our hand and Seal of the Town of Brewster affixed this �I 101Iday of October,
2011 .
Peter G . Norton , Chairman
Danid R9 old , Vice- Chairman
i
30M Dickson , Clerk
s W . Foley
Edward S . Lewis
I , Roland W . Bassett, duly qualified Constable for the Town of Brewster, hereby certify that
I served the Warrant for the Special Town Meeting of November 7 , 2011 by posting
attested copies thereof, in the following locations in the Town on the 15+ 1 % day of
October , 2011 :
Brewster Town Offices Brewster Farms
Brewster Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
United States Post Office
Roland W . Bassett, Constable
A TRUE COPY ATTEST .
lJ� ~
TOWN CLERK
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