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Report of the
SPECIAL TOWN MEETING
October 19, 2009
In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook Cafetorium on
Monday, October 19th, 2009.
The meeting was called to order at 7:00p.m. by the moderator, Stephen L. Doyle.
The tellers were David Lahive, David Quinn, Sheila Gerhardt, and Patricia Galante. The checkers were June
Gallant, Nancy Berbrick, Elizabeth Hardy, Ann Golini, Joanne Hush, John Unger and Maureen Steinnman.
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.
UNPAID BILLS
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. Barnstable County Retirement Association $783.00
b. Rubin & Rudman $135.00
c. Daniel W. Rosen, M.D. $1,250.00
Grand Total $2,168.00
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. 1 as printed in the warrant and to transfer
the sum of $2,168.00 from free cash for these purposes.
ACTION: ADOPTED UNANIMOUSLY
TOWN OPERATING BUDGET
ARTICLE NO. 2: To see if the Town will vote amend the Town’s fiscal year 2010 operating
budget shown below in the column labeled APPROVED FY2010 by rescinding its vote under Article 3 of the
May 4, 2009 Annual Town Meeting, to approve the revised operating budget shown below in the column
labeled AMENDED FY2010, to fix the salary and compensation of elected officials as indicated, and to raise
and appropriate and/or transfer from available funds a sum of money to defray the Town’s charges and
expenses, as follows:
APPROPRIATED APPROVED AMENDED
item DEPARTMENT FY 2009 FY 2010 FY2010
1 MODERATOR WAGES 300.00 300.00 300.00
2 SELECTMEN'S WAGES 5,250.00 5,250.00 5,250.00
STAFF WAGES 52,584.00 53,723.00 53,723.00
EDUCATIONAL REIMB 1,900.00 2,200.00 2,200.00
EXPENSES 33,540.00 30,075.00 30,075.00
ADMINISTRATOR WAGES 242,787.00 247,914.00 247,914.00
EXPENSES 8,400.00 9,400.00 9,400.00
LEGAL EXPENSES 112,000.00 102,000.00 102,000.00
TOWN REPORT EXPENSES 7,500.00 6,500.00 6,500.00
3 FINCOM EXPENSES 2,000.00 2,000.00 2,000.00
RESERVE FUND 85,000.00 85,000.00 85,000.00
4 ACCOUNTANT WAGES 136,192.00 137,945.00 137,945.00
AUDIT OF ACCOUNTS 25,500.00 25,500.00 25,500.00
EXPENSES 3,605.00 3,205.00 3,205.00
ASSESSOR WAGES 138,048.00 141,221.00 141,221.00
EXPENSES 18,045.00 4,300.00 4,300.00
TREAS/COLL WAGES 197,558.00 201,177.00 201,177.00
EXPENSES 26,600.00 26,900.00 26,900.00
Page 2 of 17
INFORMATION
TECHNOLOGY
WAGES 70,664.00 71,696.00 71,696.00
EXPENSES 52,000.00 55,255.00 55,255.00
DEBT SERVICE 3,186,367.00 3,105,349.00 3,105,349.00
FRINGE BENEFITS 2,526,327.00 2,694,182.00 2,682,182.00
RETIREMENT/PENSION 1,093,179.00 1,219,032.00 1,219,032.00
5 TOWN CLERK'S WAGES 61,740.00 61,885.00 61,885.00
CLERK STAFF WAGES 62,147.00 53,842.00 52,642.00
EXPENSES 22,475.00 17,555.00 17,355.00
6
TOWN HALL MAINT
WAGES 82,395.00 81,672.00 81,672.00
EXPENSES 19,548.00 19,500.00 19,500.00
COA BLDG EXPENSES 7,200.00 7,200.00 7,200.00
DRUMMER BOY EXPENSES 800.00 800.00 800.00
7 CONSTABLE 250.00 250.00 250.00
POLICE WAGES 1,781,292.00 1,798,631.00 1,782,031.00
EXPENSES 129,325.00 125,700.00 125,700.00
8 FIRE/RESCUE WAGES 1,359,673.00 1,371,125.00 1,361,125.00
EXPENSES 106,300.00 101,800.00 101,800.00
RESCUE EXPENSES 83,000.00 87,000.00 87,000.00
STATION EXPENSES 32,200.00 32,000.00 32,000.00
9 PLANNING WAGES 113,293.00 128,623.00 127,423.00
PLANNING/APPEALS
EXPENSES 7,200.00 3,900.00 3,900.00
10
BLDG INSPECTOR/HDC
WAGES 287,363.00 284,732.00 279,732.00
BUILDING/HDC
EXPENSES 6,300.00 6,300.00 6,300.00
11
NATURAL RESOURCES
AND
CONSERVATION WAGES 178,277.00 180,156.00 180,156.00
EXPENSES 25,600.00 32,350.00 32,350.00
PROPAGATION 6,000.00 6,000.00 6,000.00
12
BOARD OF HEALTH
WAGES 156,028.00 157,930.00 157,930.00
VISITING NURSE ASSOC. 18,360.00 18,360.00 18,360.00
EXPENSES 4,500.00 4,400.00 4,400.00
13 DPW WAGES 770,104.00 788,378.00 777,078.00
ROAD MACHINERY 35,800.00 40,800.00 40,800.00
SNOW & ICE CONTROL 85,000.00 110,000.00 110,000.00
EXPENSES 206,148.00 213,914.00 206,214.00
SOLID WASTE DISPOSAL 323,832.00 299,338.00 294,338.00
STREETLIGHTING 9,800.00 9,800.00 9,800.00
14 WATER COMM. WAGES 2,200.00 0.00 0.00
WATER STAFF WAGES 649,637.00 653,733.00 653,733.00
OPERATING EXPENSES 399,459.00 427,401.00 427,401.00
EQUIPMENT EXPENSES 11,850.00 11,320.00 11,320.00
15 GOLF DEPT WAGES 1,160,831.00 1,160,226.00 1,152,226.00
EXPENSES 834,531.00 823,421.00 803,236.00
16 RECREATION WAGES 97,151.00 98,207.00 98,207.00
EXPENSES 19,644.00 19,639.00 17,639.00
17
COUNCIL ON AGING
WAGES 167,519.00 170,043.00 165,543.00
EXPENSES 11,982.00 11,982.00 11,982.00
18 LADIES LIBRARY 499,544.00 511,900.00 511,900.00
19 ALEWIVE COMM. WAGES 4,500.00 2,500.00 2,500.00
EXPENSES 900.00 900.00 900.00
OLD MILL SITE COMM. 3,500.00 4,000.00 4,000.00
20 UTILITIES 506,283.00 476,283.00 476,283.00
LIABILITY INSURANCE 331,343.00 308,248.00 283,248.00
21 ASSESSMENTS 40,300.00 40,770.00 40,770.00
MEMORIAL/VETERANS
DAY 1,500.00 1,500.00 1,500.00
VETERANS SERVICES 14,000.00 20,000.00 20,000.00
Page 3 of 17
GRAND TOTAL 18,763,970.00 19,016,138.00 18,883,253.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 2 as printed in the warrant, however that the
following items be amended:
• Line item no. 4 (Treasurer/Collector Wages) be reduced from the sum of $201,177.00 to
$197,177.00, and
• Line item no. 17 (Council on Aging Wages) be increased from the sum of $165,543.00 to
$166,543.00,
and in order to appropriate this amended total sum of $18,883,253.00 that the town raise and appropriate
the sum of $16,900,717.00, and transfer the sums of:
• $262,473.00 from the Road Betterment fund,
• $125,000.00 from the Overlay Surplus account,
• $364,565.00 from the Golf Cart Receipts Reserved for Appropriation account,
• $130,000.00 from the Pension Reserve account,
• $325,955.00 from the Community Preservation fund for open space debt payments,
• $60,000.00 from the Tele-communications account,
• $220,585.00 from the Water Revenues account,
• $343,958.00 from the Ambulance Receipts Reserved for Appropriation account, and
• $150,000.00 from the Stabilization Fund
for this purpose.
ACTION: ADOPTED
BUDGETARY TRANSFERS
ARTICLE NO. 3: 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 2010 Budget of
other departments, as follows:
a) Transfer the sum of $10,000.00 from Free Cash to line item no. 2 (Selectmen’s Expenses) of article no.
3 of the 2009 Annual Town Meeting,
b) Transfer the sum of $11,550.00 from Free Cash to line item no. 5 (Town Clerk Wages) of article no. 3 of
the 2009 Annual Town Meeting,
c) Transfer the sum of $3,700.00 from Free Cash to line item no. 5 (Town Clerk Expenses) of article no. 3
of the 2009 Annual Town Meeting,
d) Transfer the sum of $4,385.00 from line item no. 7 (Police Department Wages) to line item no. 6 (Town
Hall Maintenance Wages) of article no. 3 of the 2009 Annual Town Meeting,
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 and to transfer the sum of $29,635.00 as
printed in the warrant for these purpose.
ACTION: ADOPTED UNANIMOUSLY
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 4: 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
2010 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:
Page 4 of 17
TRANSFER
FROM
AVAILABLE
ITEM DEPARTMENT FUNDS
1 Department of Public Works:
a. Drainage / Road Maintenance Projects $100,000.00
b. Street Sweeper Replacement (Lease/Purchase) $50,000.00
c. Transfer Station Monitoring Expense $45,000.00
d. Vehicle Sander Replacement Expense $8,500.00
e. Street Sweepings & Basin Cleanings Storage Area Project $20,000.00
f. DPW Facilities Holding Tanks Project $7,000.00
Sub-total $230,500.00
2 Fire Department:
a. Re-chassis and Refurbish Ambulance 243 Expense $130,000.00
b. Refurbish and Repair Breaker 235 Expense $ 20,000.00
c. Dispatch Services Expense $ 35,000.00
d. Rescue Service Expense $10,000.00
e. Fire Engine Lease/Purchase Payment Expense $108,000.00
Sub-total $303,000.00
Board of Selectmen:
a. Technology Program Expense $20,000.00
b. Beach & Landing Regulatory Signs Expense $5,000.00
c. Water Planning Professional Services $75,000.00
d. Brewster Housing Authority / Planning Assistance $25,000.00
Sub-total $125,000.00
Water Department:
a. Construction Account $160,000.00
b. Emergency Response and Security Update Project $9,500.00
c. Computer Security Update Project $1,000.00
d. Well No. 3 Cleaning & Redevelopment Project $60,000.00
e. Auxiliary Engine Retrofit Project $8,000.00
f. Utility Work for Standpipe Emergency Generator $4,000.00
Sub-total $242,500.00
Elementary School Department:
a. Eddy HVAC System Repair Project $30,000.00
b. Eddy Boiler Room Plumbing Repair Project $10,000.00
c. Stony Brook Emergency Lighting Project $10,000.00
d. Stony Brook Emergency Generator Repair Project $10,000.00
e. Stony Brook Lavatory Faucets Project $18,000.00
f. Eddy Technology Replacement Program $20,000.00
g. Eddy School Lavatory Partition Replacement Project $10,000.00
h. Stony Brook Maintenance Equipment Expense $12,000.00
i. Eddy School Maintenance Equipment Expense $10,000.00
j. Eddy School Cafeteria Doors Repair Project $22,500.00
Sub-total $152,500.00
6. Natural Resources Department:
a. Natural Resources Park and Trail Enhancement Project $10,000.00
b. Garage Maintenance & Repair Expense $3,500.00
Sub-total $13,500.00
7. Town Clerk:
a. Records Management Project $12,000.00
Sub-total $12,000.00
Page 5 of 17
8. Golf Department:
a. Irrigation System Repair Project $42,000.00 (Golf Rev)
b. Tractor Replacement Expense $38,000.00 (Golf Rev)
Sub-total $80,000.00
Grand Total $1,159,000.00
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. 4 as printed in the warrant, however that the
following items be amended:
• Item no. 7 (a) Records Management Project be reduced from the sum of $12,000.00 to
$5,669.00,
• Item no. 6 (a) Natural Resources Park and Trail Enhancement Project be reduced from the
sum of $10,000.00 to $7,500.00,
and that the following items be deleted:
• Item no. 2 (e) Fire Engine Lease/Purchase Payment Expense in the amount of $108,000.00
• Item no. 5 (g) Eddy School Lavatory Partition Replacement Project in the amount of
$10,000.00
• Item no. 5 (i) Eddy School Maintenance Equipment Expense in the amount of $10,000.00
• Item no. 5 (j) Eddy School Cafeteria Doors Repair Project in the amount of $22,500.00
and to appropriate the total amended sum of $999,669.00 for these purposes, and in order to appropriate
this total sum that the town transfer the sums of $476,500.00 from Free Cash, $80,000.00 from the Golf
Receipts Reserved for Appropriation account, $242,500.00 from the Water Revenue account,
$195,000.00 from the Ambulance Receipts Reserved for Appropriation account and $5,669.00 from the
Article no. 4 (1b, Catalogue /Preserve Town Hall Records) of the November 13, 2006 Special Town
Meeting.
ACTION: ADOPTED
LOCAL OPTION MEALS EXCISE TAX
ARTICLE NO. 5: To see if the Town will vote to accept Chapter 64L, Section 2 of the
Massachusetts General Laws and to impose a local meals excise tax to take effect on July 1, 2010, or to take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 5 as printed in the warrant.
ACTION: ADOPTED
LOCAL OPTION ROOMS OCCUPANCY EXCISE TAX
ARTICLE NO. 6: To see if the Town will vote to accept Massachusetts General Laws Chapter 64G,
Section 3A, as amended by St. 2009, c. 27, ss51, 52, to designate July 1, 2010 as the effective date, and to set
the rate of the local room excise tax at six (6%) per cent, 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. 6 as printed in the warrant.
ACTION: ADOPTED YES - - 310 NO - - 213
Page 6 of 17
TOWN CODE AMENDMENT / Building and Needs Assessment Committee
ARTICLE NO. 7: To see if the Town will vote to amend the Code of the Town of Brewster by
amending Chapter 12, Article XV, Section 12-37., subsection A., first sentence, as follows:
§ 12-37. Appointment; terms; responsibility.
Current Language:
A. The Board of Selectmen shall appoint a seven-member Building and Needs Assessment Committee to make
recommendations about the locations of buildings and/or needs of the Town.
Proposed language (Changes are bolded and under-lined):
A. The Board of Selectmen shall appoint a minimum of a five (5) member, up to, a maximum of a seven (7)
member Building and Needs Assessment Committee to make recommendations about the locations of
buildings and/or needs of the Town.
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. 7 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
TOWN CODE AMENDMENT / Town Clerk’s Position
ARTICLE NO. 8: To see if the Town will vote to amend the Code of the Town of Brewster by
amending Chapter 5 (Administration), Article 1 (Form of Government), Section 5-3., subsection C. and Section
5-4, as follows:
Current Language:
C. Appointment powers. The Board of Selectmen shall appoint a Town Administrator, Town Counsel, a
Personnel Committee, a Police Chief and a Fire Chief and the Director of Operations of the Captains Golf
Course. The Board of Selectmen shall also actively recruit and appoint all boards, committees and commissions
except as otherwise provided by this bylaw, the General Laws, special act or other vote of the town meeting and
such other regional authorities, districts or committees in accordance with any applicable laws or interlocal
agreement. The Board of Selectmen may appoint ad hoc committees as it deems necessary. [Amended 5-3-1999
STM, Art. 5]
§ 5-4. Elected town officers.
The registered voters of the Town of Brewster shall, in accordance with any applicable laws, bylaws, voters of
the town or interlocal agreement, continue to elect the following:
A. Moderator;
B. Board of Selectmen;
C. Town Clerk;
D. Brewster School Committee of five members;
E. Representatives to the Nauset School District Committee, as the Regional School Agreement
shall authorize;
F. Board of Health of five members;
G. Planning Board of seven members;
H. Recreation Commission of five members;
I. Water Commission of three members;
J. Historic District Committee of five members, with four elected members and one member
appointed by the Board of Selectmen; and
K. Housing Authority of five members, with four members to be elected by voters and one member
appointed in accordance with requirements of state law.
Proposed language (Changes are bolded and under-lined):
C. Appointment powers. The Board of Selectmen shall appoint a Town Administrator, a Town Counsel, a
Town Clerk, a Personnel Committee, a Police Chief and a Fire Chief and the Director of Operations of the
Captains Golf Course. The Board of Selectmen shall also actively recruit and appoint all boards, committees
and commissions except as otherwise provided by this bylaw, the General Laws, special act or other vote of the
town meeting and such other regional authorities, districts or committees in accordance with any applicable
laws or interlocal agreement. The Board of Selectmen may appoint ad hoc committees as it deems necessary.
[Amended 5-3-1999 STM, Art. 5]
§ 5-4. Elected town officers.
Page 7 of 17
The registered voters of the Town of Brewster shall, in accordance with any applicable laws, bylaws, voters of
the town or interlocal agreement, continue to elect the following:
A. Moderator;
B. Board of Selectmen;
C. Brewster School Committee of five members;
D. Representatives to the Nauset School District Committee, as the Regional School Agreement
shall authorize;
E. Board of Health of five members;
F. Planning Board of seven members;
G. Recreation Commission of five members;
H. Water Commission of three members;
I. Historic District Committee of five members, with four elected members and one member
appointed by the Board of Selectmen; and
J. Housing Authority of five members, with four members to be elected by voters and one member
appointed in accordance with requirements of state law.
and to revise the Organizational Chart at the end of Chapter 5 to show that the Town Clerk position has been
changed from an elected position to a position appointed by the Board of Selectmen, or to take any other action
relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 8 as printed in the warrant.
ACTION: ADOPTED
CONSTRUCTION / STONY BROOK ELEMENTARY SCHOOL
ARTICLE NO. 9: To see if the Town will vote to authorize the Board of Selectmen to convey to the
Cape Cod Lighthouse Charter School, in consideration of the payment of Three Million Three Hundred
Thousand ($3,300,000.00) Dollars and on terms the Board considers proper, the buildings and land which are
located at 2198 Main Street, Brewster, Barnstable County, Massachusetts, which are shown on Brewster
Assessors’ Map 16 as Parcel 76-0-E, and which are described in the deed recorded in Book 399, Page 300 in the
Registry of Deeds of the County of Barnstable; to petition, if necessary, both branches of the General Court and
any other governmental agency for authorization to convey this real estate; to authorize, as an alternative, the
Board of Selectmen to lease this property to the Cape Cod Lighthouse Charter School on terms and conditions
the Board deems appropriate and satisfactory; to appropriate a sum of money to pay the costs of completing the
design, constructing, originally equipping and furnishing an addition onto the Stony Brook Elementary School,
including the payment of all other costs incidental and related to the carrying out of this project and its
financing, and to pay additional professional, design and engineering services costs for the Eddy Elementary
School 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, provided that the amount of notes or bonds issued hereunder shall be reduced by the amount of the
sales proceeds, grant funds, and other money received before the sale of such notes or bonds; and 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)
MOTION: I move that the Board of Selectmen is hereby authorized to convey to the Cape Cod
Lighthouse Charter School, in consideration of the payment of Three Million Three Hundred Thousand
($3,300,000.00) Dollars and on terms the Board considers proper, the buildings and land which are
located at 2198 Main Street, Brewster, Barnstable County, Massachusetts, which are shown on Brewster
Assessors’ Map 16 as Parcel 76-0-E, and which are described in the deed recorded in Book 399, Page 300
in the Registry of Deeds of the County of Barnstable; that the Town, acting through the Board of
Selectmen, is authorized to petition, if necessary, both branches of the General Court and any other
governmental agency for authorization to convey this real estate; that in the alternative, the Board of
Selectmen is authorized to lease this property to the Cape Cod Lighthouse Charter School on terms and
conditions the Board of Selectmen deems appropriate and satisfactory; that the sum of Two Million Five
Hundred Fifty Thousand and 00/100 Dollars ($2,550,000.00) is appropriated to pay the costs of
completing the design, constructing, originally equipping and furnishing an addition onto the Stony
Brook Elementary School, including the payment of all other costs incidental and related to the carrying
out of this project and its financing, and to pay additional professional, design and engineering services
Page 8 of 17
costs for the Eddy Elementary School and that to meet this appropriation, the Town Treasurer, with the
approval of the Board of Selectmen, is authorized to borrow said amount under and pursuant to Chapter
44, Section 7(3A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or
notes of the Town therefor, provided that the amount of notes or bonds issued hereunder shall be
reduced by the amount of any grant funds, or any other moneys received by the Town on account of this
project before the issuance of any such notes or bonds.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
LAND ACQUISITION / Community Preservation Act
ARTICLE NO. 10: To see if the Town will vote to authorize the Board of Selectmen to acquire four
adjoining parcels of land designated on Brewster Assessors’ Map 50 as Parcels 17, 27, 31 & 37, located at
Punkhorn Road, East Gate Road and Squantum Path, in an area known as the Punkhorn in Brewster, Barnstable
County, Massachusetts, consisting of 35.8 acres, more or less, and more accurately described in deeds recorded
in the Barnstable County Registry of Deeds in Deed Book 5522 Page 314, Deed Book 655, Page 54, and Deed
Book 3058 Page 314, and on a plan of land entitled, “Plan of Land in Brewster for the Town of Brewster….
August 2009 (pending)” 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 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 One Million One Hundred Eighty Thousand and 00/100 ($1,180,000.00) 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 Million One Hundred Seventy-
Five Thousand and 00/100 ($1,175,000.00) 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 and 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-governmental 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 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 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: I move that the Board of Selectmen is authorized to acquire four adjoining parcels of land
designated on Brewster Assessors’ Map 50 as Parcels 17, 27, 31 & 37, located at Punkhorn Road, East
Gate Road and Squantum Path, in an area known as the Punkhorn in Brewster, Barnstable County,
Massachusetts, consisting of 35.8 acres, more or less, and more accurately described in deeds recorded in
the Barnstable County Registry of Deeds in Deed Book 5522 Page 314, Deed Book 655, Page 54, and Deed
Book 3058 Page 314, and on a plan of land entitled, “Plan of Land in Brewster for the Town of
Brewster…. August 2009 (pending)” 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 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, Chapter. 40, §8C, 310 C.M.R. 22.00, and Article 97 of the Amendments to the
Constitution of the Commonwealth of Massachusetts; that to pay costs of acquiring the aforesaid
property, the sum of One Million One Hundred Eighty Thousand and 00/100 Dollars ($1,180,000.00) is
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
authorized to borrow up to the sum of One Million One Hundred Seventy-Five Thousand and 00/100
Dollars ($1,175,000.00) 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
Page 9 of 17
therefor; that the additional sum of Five Thousand Dollars ($5,000.00) is transferred from the Fund
Balance for Open Space account 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; that the Board of Selectmen and the Conservation Commission are authorized 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-governmental sources shall be deposited in the open space account of the
Community Preservation Fund; that the Board of Selectmen is authorized 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, that the
Conservation Commission is authorized to assume the care, custody, control and management of the
property; and, further, that the Board of Selectmen and Conservation Commission are each authorized
to enter into all agreements and execute any and all instruments as may be necessary on behalf of the
Town to effect this purchase and obtain reimbursement funding.
ACTION: ADOPTED UNANIMOUSLY
RESCIND DEBT AUTHORIZATION
ARTICLE NO. 11: To see if the Town will vote to rescind the authorization to incur debt in the
amount of ONE HUNDRED FIVE THOUSAND AND 00/100 ($105,000.00) DOLLARS under Article no. 32
(Skyline Land Acquisition) of the May 2009 Annual Town Meeting, said article allowed for purchase of real
estate located off Route 6A, 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.
ACTION: ADOPTED UNANIMOUSLY
SPECIAL LEGISLATION / Revolving Fund for Road Maintenance
ARTICLE NO. 12: To see if the Town of Brewster will authorize the Board of Selectmen to petition
the Massachusetts Legislature to enact a special act establishing a Revolving Fund, in accordance with General
Laws chapter 44, section 53E ½, to receive monies designated for the maintenance and upkeep of private ways
and to authorize the Superintendant of the Department of Public Works to administer and expend said funds in
connection with the maintenance and upkeep of private ways without further appropriation, or take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 12 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
SPECIAL LEGISLATION / LAND USE FOR RENEWABLE ENERGY
ARTICLE NO. 13: To see if the Town of Brewster will (a) vote to authorize the Board of Selectmen
to take any action necessary to determine whether Lots 12-1, 12-2 and 12-3 on Brewster Assessor’s Map 46 are
subject to Article 97 of the Articles of Amendment to the Constitution, (b) if Lots 12-1, 12-2 and 12-3 on
Brewster Assessor’s Map 46 are subject to Article 97 of the Articles of Amendment to the Constitution, vote to
authorize the Board of Selectmen to take all actions necessary to petition each branch of the General Court to
allow for the disposition of Lots 12-1, 12-2 and 12-3 on Brewster Assessor’s Map 46 to the Cape & Vineyard
Electric Cooperative, Inc., for the development of renewable energy projects, which actions may include, but
not be limited to, the transfer and restriction of other town held property for Article 97 purposes, and (c) take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 13 as printed in the warrant.
Page 10 of 17
ACTION: ADOPTED
CUSTODY OF LAND / LAND USE FOR RENEWABLE ENERGY
ARTICLE NO. 14: To see if the Town of Brewster will vote, pursuant to General Laws chapter 40,
section 15A, to authorize the transfer of the care, custody, management and control of three contiguous parcels
of land shown on Brewster Assessor’s Map 46 as Lots 12-1, 12-2 and 12-3, taken by the Town via an Order of
Taking by Eminent Domain on January 5, 1998 for the purpose of public water supply, watershed protection,
passive recreation and for other public purposes pursuant to General Laws chapter 40, section 39B, to the Board
of Selectmen for general municipal purposes which shall include, but not be limited to, public water supply,
watershed protection, passive recreation, and the development of renewable energy projects, and take any other
action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve article no. 14 as printed in the warrant, however that
the following words be deleted in the seventh and eighth line of the article:
“general municipal purposes which shall include, but not be limited to,”
ACTION: ADOPTED
LAND USE FOR RENEWABLE ENERGY
ARTICLE NO. 15: 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)
MOTION: I move that the town vote to approve article no. 15 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
ZONING BYLAW / Signs
ARTICLE NO. 16: To see if the Town of Brewster will vote to amend the Code of the Town of
Brewster Chapter 179 Zoning by amending Article VI (Signs) as follows:
In section 179-20.1 (Signs in business districts) add a (4) as follows (bold text is new):
179-20.1. Signs in business districts.
A. C-H Commercial High-Density District and V-B Village Business District.
(1) Any sign permitted in the Residential Districts (R-R, R-L and R-M) and subject to the same
provisions.
(2) In general, two signs are permitted for each business in a commercial zone. For businesses that
have frontage on more than one public way, one additional freestanding sign of not more than 1/2 the
square foot area of the first freestanding sign is permitted, but must be placed at least 200 feet away
from the first sign.
(3) A single business on a single lot is permitted one freestanding sign, not to exceed eight square
feet, and either one wall, projecting, roof or awning sign not to exceed six square feet. If a freestanding
sign is not used, then the total square foot area of the other sign shall not exceed 14 square feet.
(4) In addition, one sandwich sign is permitted not to exceed 8 square feet in area on a side. As
with all signs, the sandwich sign must receive a certificate of appropriateness from the Historic
District Committee, if applicable.
So that it reads:
179-20.1. Signs in business districts.
A. C-H Commercial High-Density District and V-B Village Business District.
Page 11 of 17
(1) Any sign permitted in the Residential Districts (R-R, R-L and R-M) and subject to the same
provisions
(2) In general, two signs are permitted for each business in a commercial zone. For businesses that
have frontage on more than one public way, one additional freestanding sign of not more than 1/2 the
square foot area of the first freestanding sign is permitted, but must be placed at least 200 feet away
from the first sign.
(3) A single business on a single lot is permitted one freestanding sign, not to exceed eight square
feet, and either one wall, projecting, roof or awning sign not to exceed six square feet. If a freestanding
sign is not used, then the total square foot area of the other sign shall not exceed 14 square feet.
(4) In addition, one sandwich sign is permitted not to exceed 8 square feet in area on a side. As with
all signs, the sandwich sign must receive a certificate of appropriateness from the Historic District
Committee, if applicable.
or 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.
ACTION: DEFEATED
ZONING BYLAW / Natural Resource Protection Design
ARTICLE NO. 17: To see if the Town of Brewster will vote to amend the Code of the Town of
Brewster Chapter 179 Zoning by renumbering Article XIII (Amendments and Validity) as Article XIV, by
renumbering §179-69 and §179-70 as §179-76 and §179-77, and by creating a new Article XIII as follows:
ARTICLE XIII
Natural Resource Protection Design
§179-69 Purpose
The primary purpose of this article is to protect water resources and preserve the open space of Brewster as
identified on the map submitted with the application for the designation of the District of Critical Planning
Concern (DCPC). This article therefore is intended to foster compact development patterns using flexible
regulations for density and lot dimensions and to promote and encourage creativity in neighborhood design. The
Town wishes to encourage the use of Natural Resource Protection Design (“NRPD”) because NRPD results in the
protection of water resources and the preservation of contiguous open space and important environmental
resources, while allowing design flexibility. NRPD reduces development impacts on surface and ground waters,
forests, farmland, wildlife habitats, large tracts of contiguous open space, environmentally sensitive areas, steep
slopes, scenic views and historically and culturally significant areas. NRPD also helps to reduce areas of
impervious surface when compared to traditional grid subdivisions. To encourage this type of development,
NRPD is allowed by right, subject only to the requirements of the Regulations Governing the Subdivision of
Land. NRPD that does not require approval as a subdivision is allowed by right subject to endorsement by the
Planning Board.
§179-70 Applicability
A. A NRPD may be proposed anywhere in the area known as the DCPC in Brewster, as designated on July 16,
2008, when that area has an underlying residential designation.
B. Subsection A above applies only to subdivisions of land as defined in Massachusetts General Laws Chapter
41, Section 81L, and not to construction of homes or businesses on individual lots that existed prior to the
effective date of this by-law. If subdivision approval is not required and an Approval Not Required (ANR)
plan is filed because a new roadway is not proposed, an applicant may apply for a NRPD under this Article. If
the proposed NRPD also involves one or more common driveways, density bonuses, and/or any other use that
requires a Special Permit, the proceedings for all such Special Permits shall occur in one consolidated Special
Permit proceeding before the Planning Board. It should be noted that a special permit will be required for any
other type of subdivision or for any plan for a NRPD that does not conform to the requirements herein.
Maximum density allowances for all non-NRPD projects requiring a special permit shall be consistent with
the allowable residential densities calculated for NRPD projects in Section 179-72.2.
§179-71 DEVELOPMENT IMPACT STATEMENT AND NATURAL RESOURCE ANALYSIS
In order to enable the Planning Board to determine whether or not a proposed NRPD (or development by Special
Permit that deviates from the requirements for NRPD) satisfies the purposes and standards of this article, an
Page 12 of 17
applicant must present sufficient information on the environmental and open space resources for the Board to
make such determination. The required information shall be provided in the form of a Development Impact
Statement, including a “natural resource analysis” as described in Subsection B.3 of Section 290-10 of the
Subdivision Rules and Regulations. In the case of a NRPD that is not a subdivision (i.e. an ANR), the applicant
shall not be required to submit a full Development Impact Statement. However, the Planning Board may require
the submission of all or part of a natural resource analysis as described in the Subdivision Regulations.
§179-71.1 Natural Resource Analysis and Findings
A. Prior to filing an application, an applicant is encouraged to meet with the Planning Board to discuss the
natural resources on the site. At such a meeting, the Planning Board shall indicate to the applicant which
land is likely to have the most conservation value and be most important to preserve based on the statement
of purpose in Section 179-69 and where development may be most appropriately located. The Planning
Board shall consult with the Conservation Administrator to determine the land areas with the most
conservation value.
B. In the case of a proposed plan that deviates from the requirements of this Article, and if the Planning Board
determines that the land with the greatest conservation value cannot be protected except by the use of a
NRPD plan, the Planning Board shall deny the Special Permit for the deviation and require that the
applicant submit a plan that complies with the requirements for a NRPD.
C. The Planning Board, in consultation with the Conservation Commission and Open Space Committee, shall
study the natural resource analysis, may conduct field visits, and shall recommend which land should be
preserved and where development may be located. The Planning Board shall make written findings
supporting this determination (the “natural resource findings”). The Planning Board shall deny any
application that does not include sufficient information to make natural resource findings or that does not
preserve land that the Planning Board determines should be preserved from development as a result of the
natural resource analysis and findings.
D. The Planning Board’s natural resource findings shall be incorporated into its decision to approve, approve
with conditions, or deny an application. The natural resource findings shall show land to be permanently
preserved by a conservation restriction, as well as recommended uses, ownership, and management
guidelines for such land. The natural resource findings shall also indicate preferred locations for
development if the Plan is denied based upon such findings.
§179-71.2 Minimum Preserved Open Space
The plan shall show that at least the percentages of the total acreage listed below will be preserved by
conservation restriction, based upon the natural resource findings.
RR District: minimum of 80%
RL District: minimum of 65%
RM District: minimum of 65%
§179-72 ALLOWABLE RESIDENTIAL UNITS
The maximum number of residential units in a NRPD is calculated by a formula based upon the net acreage of
the property. This formula is intended to take into account site-specific development limitations that make
some land less developable than other land. This calculation involves two steps, calculating the net acreage
and dividing by the base allowed density, or number of acres required per dwelling unit.
§179-72.1 Net Acreage Calculation
The factors named below are included in this subsection for net acreage calculation purposes only and do not
convey or imply any regulatory constraints on development siting that are not contained in other applicable
provisions of law, including this zoning bylaw. To determine net acreage, subtract the following from the total
(gross) acreage of the site:
A. half of the acreage of land with slopes of 20% or greater (2000 square feet or more of contiguous sloped
area at least 10 feet in width);
B. the total acreage of lakes, ponds, FEMA 100-year floodplains, and all coastal and/or freshwater wetlands as
defined in Chapter 131, Section 40 of the General Laws, as delineated by an accredited wetlands specialist
and approved by the Brewster Conservation Commission through an Abbreviated Notice of Resource Area
Delineation (ANRAD); and
C. land subject to easements or restrictions prohibiting development.
Applicants shall use the Field Data Form found in Appendix G of the Massachusetts DEP Handbook
“Delineating Bordering Vegetated Wetlands Under the Massachusetts Wetlands Protection Act” (1995) (the
“Handbook”). The complete form shall be submitted including all methods of determination, i.e., vegetation,
soil, and any other indicators, as provided for on the form. If detailed vegetative assessments are not
required by the Handbook for a particular site, the reasons must be noted on the Field Data Form. At the
Planning Board’s discretion, any of the information described above may be taken from current geographic
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information systems data available from the Massachusetts Department of Environmental Protection, Mass
GIS, and other credible sources including delineations registered by the use of global positioning systems.
The Conservation Commission may request more detailed information for potentially more sensitive areas.
§179-72.2 Unit Count Calculation
To determine the base maximum number of allowable residential dwelling units on the site, divide the net
acreage by five (5) in the RR District, or by three (3) in the RL and RM Districts. Fractional units of less than
.5 shall be rounded down and .5 or more shall be rounded up.
§179-72.3 Bonuses
The unit count determined in §179-72.2 above may be increased through density bonuses designed to advance
important goals of the DCPC. Density bonuses are given by Special Permit at the discretion of the Planning
Board based upon the expected public benefit. Bonus amounts refer to percentages of a unit, unless otherwise
stated. Resulting fractional units, if any, shall be rounded up or down as in §179-72.2.
A. If the applicant provides shared, on-site wastewater denitrification treatment: one unit.
B. For every unit outside the proposed project, currently using a Title 5 system or cesspool, that is connected to
the project’s wastewater treatment facility: 25% bonus.
C. If the applicant provides a minimum of three low impact development components, including but not limited
to: bioretention, rain gardens, xeriscapes, vegetated swales, pervious pavement, green roofs: a maximum of
25% bonus.
D. If the applicant preserves as permanent open space more than the minimum required percentage: a maximum
10% bonus per additional 5% of the parcel preserved as open space.
E. If the applicant provides an area of 3 acres or more for agricultural use, including community gardens: a
maximum of 10% bonus. Up to half of the area provided may be contained within the required open space.
For a community garden, the applicant will also install Town water.
F. Solar panel or wind turbine installation: a maximum of 10% per installation
G. If the applicant allows deeded public access to the open space portion of the property and the Planning Board
finds that such public access provides a significant recreational benefit to the Town (such as access to an
important natural area or a trail system): a maximum of 10% bonus. Any bonus granted for public access to
open space land shall not compromise the conservation value of such open space land, based upon the natural
resource findings of the Planning Board.
§179-72.4 Maximum Bonus
The density bonuses allowed in §179-72.3 above may result in a total unit count increase not exceeding the
number of units permitted under any other type of subdivision in residential districts outside the DCPC area.
Density bonuses may only be used if the resulting development complies with Title 5 of the State Environmental
Code as determined by the Board of Health.
§179-72.5 Lots in More than One District
For lots in more than one zoning district, the allowable unit count (excluding bonuses) and required open space for
each district shall be computed separately first. These totals shall be added together and the allowable maximum
bonus for the entire development shall be calculated based upon this combined total number of units. The
permitted location of the units and protected open space shall be wherever the Planning Board determines best fits
the characteristics of the land, based upon the natural resource analysis and findings.
§179-73 TYPES OF RESIDENTIAL DEVELOPMENT
The allowable residential units may be developed as single-family or two-family dwellings, provided that
applicable Special Permit review requirements for the zoning district are satisfied and that the number of dwelling
units does not exceed the allowable unit count in Section §179-72.2 and §179-72.3 above. The subdivision
approval and Special Permit requirements shall be fulfilled concurrently in one proceeding to the extent practical.
Any NRPD application involving two-family dwellings shall include a site plan that shows the location, layout,
height, and setbacks of such dwellings.
§179-74 DIMENSIONAL AND DESIGN REQUIREMENTS
§179-74.1 Minimum Lot Sizes in NRPDs
The limiting factor on lot size in NRPDs is the need for adequate water supply and sewage disposal. Therefore,
there is no required minimum lot size for zoning purposes. This does not affect the powers of the Board of Health
to require minimum lot area for the disposal of sewage and the protection of water supply.
§179-74.2 Setbacks, Road Frontage, and Road Requirements
The minimum setback shall be 10 feet from any property line except that, when the lot line is the exterior line of
the subdivision, the setback shall be 25 feet. There shall be no numerical requirements for road frontage in
NRPD, provided that each lot has legal and adequate vehicular access to a public way or a way approved under
Page 14 of 17
the Subdivision Rules and Regulations across its own frontage or via a shared driveway. All dwellings must
comply with applicable Board of Health requirements. The Planning Board may modify the applicable road
construction requirements for new roads within NRPD as provided in the Regulations Governing the Subdivision
of Land, if it finds that such modifications will be consistent with the purposes of Article XIII and the DCPC
purposes and goals.
§179-74.3 Arrangement of Lots
A. Lots shall be located and arranged in a manner that protects:
• ponds and other surface waters;
• access to ponds and other surface waters;
• groundwater;
• views from designated scenic roads;
• wildlife habitat and corridors;
• farmland;
• open fields;
• large intact forest areas;
• contiguous undeveloped land;
• existing protected open space areas;
• steep slopes;
• other sensitive environmental resources,
while facilitating pedestrian circulation. Generally, residential lots shall be located the minimum feasible distance
from existing public roadways. The Planning Board shall take into consideration the natural resource analysis and
findings in approving the arrangement of lots.
B. Lot, roadway, and driveway layouts, land alterations, and placement of structures shall follow any design
guidelines for NRPD which may be adopted by the Planning Board through its Subdivision Rules and
Regulations.
§179-75 PERMANENT OPEN SPACE
Open space set aside in a NRPD or as a condition of any Special Permit approval shall be permanently preserved
from development as required by this Section. The Planning Board shall not require such open space land to be
accessible to the public, unless a density bonus is allowed under §179-72.3. Any development permitted in
connection with the setting aside of open space land shall not compromise the conservation value of such open
space land, based upon the natural resource findings of the Planning Board. Such open space shall remain in a
natural and undisturbed state unless otherwise stated by the Planning Board.
§179-75.1 Permanent Preservation of Open Space Land
All land required to be set aside as open space in connection with any NRPD shall be so noted on any approved
plans as a separate lot(s) and shall be protected by a permanent conservation restriction, to be held by the Town of
Brewster Conservation Commission, the Commonwealth of Massachusetts, or a non-profit conservation
organization qualified to hold conservation restrictions under G.L. Chapter 184, Section 31, and also qualified to
hold tax-deductible conservation easements under Section 170(h) of the Internal Revenue Code. The restriction
shall specify the permitted uses of the restricted land which may otherwise constitute development. The
restriction may permit, but the Planning Board may not require, public access or access by residents of the
development to the protected open space land. In addition, the boundaries between the permanent open space and
the developed parcels shall be clearly marked with concrete bounds and appropriately distinguished iron pipes no
shorter than three feet to prevent encroachment into or disturbance of the open space area.
A. Ownership of Open Space Land
1. At the developer’s option and subject to approval by the Planning Board, all areas
to be protected as permanent open space shall be:
a. Conveyed to the Town to be placed under the care, custody and control of the
Conservation Commission, and be accepted by it for a park or open space use.
Land conveyed to the Town will be open for public use;
b. Conveyed to a nonprofit organization, the principal purpose of which is the
conservation or preservation of open space, with a conservation restriction as
specified in 4.6.2 below. Such organization shall be acceptable to the Board as a
bona fide conservation organization; or
c. Conveyed to a corporation or trust owned or to be owned by the owners of lots
or residential units within the development (i.e. “homeowners association”). The documents which
form said association are subject to approval by the Planning Board. If such a corporation or trust is
utilized, as indicated herein, ownership thereof shall pass with conveyance of the lots or residential
units. The developer is responsible for the maintenance of the open space and other facilities to be
held in common until such time as the homeowners association is capable of assuming such
Page 15 of 17
responsibility. Thereafter, the members of the association shall share the cost of maintaining the
open space. The Planning Board shall require the applicant to provide documentation that the
homeowners association is an automatic (mandatory) association that has been established prior to
the conveyance of any lots within the subdivision.
Ongoing maintenance standards shall be established as a condition of development approval to ensure that the
open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials.
B. Permanent Restriction
In any case where open space is not conveyed to the Town, a permanent conservation or agricultural
preservation restriction approved by the Conservation Commission, and Board of Selectmen, conforming to the
standards of and approved by the Massachusetts Executive Office of Energy and Environmental Affairs
(EOEEA) , Division of Conservation Services and enforceable by the Town or holder of the conservation
restriction, shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for
residential use or developed for accessory uses such as parking or roadways except as permitted in the
conservation restriction. Restrictions shall provide for periodic inspection of the open space by the Town. Such
restriction shall be submitted to the Planning Board prior to endorsement of the plan and covenant for the
project and recorded at the Registry of Deeds/Land Court prior to endorsement of the definitive subdivision
plan. The Planning Board may require a management plan that describes how existing woods, fields, meadows
or other natural areas shall be maintained in accordance with good conservation practices.
C. Encumbrances
All areas to be set aside as open space shall be conveyed free of any mortgage interest, security interest, liens or
other encumbrances. Certification of said condition by a qualified title examiner shall be provided to the
Planning Board at the time of conveyance.
or take any other action relative thereto
(Two-thirds Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 17 as printed in the warrant.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
ZONING BYLAW / Water Quality Protection By-law
ARTICLE NO. 18: To see if the Town of Brewster will vote to amend the Code of the Town of Brewster
Chapter 179 Zoning by amending Article XI (Water Quality Protection By-law) as follows:
In section 179-54 (Scope of Authority; Overlay District) amend the last sentence in the first paragraph as
follows:
In addition, this Article establishes specific requirements for land uses and activities within those portions of the
Town of Brewster mapped and identified on the Zoning Map as the District of Critical Planning Concern
(“DCPC”), entitled “Brewster Water Protection District” as adopted by the Barnstable County Assembly
of Delegates pursuant to the Cape Cod Commission Act, which includes “Zone I” and “Zone II” and the
“Groundwater Protection District” and the “Pleasant Bay Watershed” all of which is included within the
District of Critical Planning Concern (“DCPC”) entitled “Brewster Water Protection District” as adopted by the
Barnstable County Assembly of Delegates pursuant to the Cape Cod Commission Act.
So that it reads:
In addition, this Article establishes specific requirements for land uses and activities within those portions of the
Town of Brewster mapped and identified on the Zoning Map as the District of Critical Planning Concern
(“DCPC”), entitled “Brewster Water Protection District” as adopted by the Barnstable County Assembly of
Delegates pursuant to the Cape Cod Commission Act, which includes “Zone I” and “Zone II” and the
“Groundwater Protection District” and the “Pleasant Bay Watershed.”
And in section 179-57 (Performance Standards), amend the first paragraph and paragraph A as follows (bold
text is new, strikethrough is deleted):
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 surface and groundwater resources, all new,
altered or expanded uses within Zone I, Zone II and/or the DCPC area shall meet the following
performance standards, in addition to those requirements imposed by this Article or the Planning Board:
Page 16 of 17
A. No new, altered or expanded uses within Zone I, Zone II and/or the DCPC area land use or
development regulated by this Article shall exceed a 5 parts per million (ppm) nitrogen loading standard
based on the methodology contained in the Cape Cod Commission's Nitrogen Loading Technical
Bulletin 91-001.
So that it reads:
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 surface and groundwater resources, all new,
altered or expanded uses within Zone I, Zone II and/or the DCPC area shall meet the following performance
standards, in addition to those requirements imposed by this Article or the Planning Board:
A. No new, altered or expanded uses within Zone I, Zone II and/or the DCPC area shall exceed a 5 parts
per million (ppm) nitrogen loading standard based on the methodology contained in the Cape Cod
Commission's Nitrogen Loading Technical Bulletin 91-001.
or to take any other action relative thereto
(Two-thirds Majority Vote Required) (Planning Board)
MOTION: I move that the town vote to approve article no. 18 as printed in the warrant.
ACTION: ADOPTED BY A DECLARED 2/3 VOTE
GOLF CART LEASE
ARTICLE NO. 19: To see if the Town will vote to authorize the Town Administrator to enter into a
contract or contracts for the lease or lease-purchase of golf carts for the Captains Golf Course for up to a five
(5) year period, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to advance article no. 19 for the Golf Cart Lease.
ACTION: ADOPTED
MOTION: I move that the town vote to approve article no. 19 as printed in the warrant.
ACTION: ADOPTED
SPECIAL REVENUE FUND / Cable Franchise Fee Account
ARTICLE NO. 20: To see if the Town will vote to transfer a sum of money 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)
MOTION: I move that the town vote to approve article no. 20 as printed in the warrant and to transfer
the sum of $50,000.00 from the Cable Franchise Fee account for this purpose.
ACTION: ADOPTED UNANIMOUSLY
PRIVATE ROAD BETTERMENT PROJECT
Standish Heights Subdivision
ARTICLE NO. 21: To see if the Town will vote to authorize the Board of Selectmen to undertake a
series of temporary road repairs to the following roads:
Sturbridge Way, Essex Way, Stafford Terrace and Old Salem Road
Page 17 of 17
and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of these private ways
after it has determined that the provisions of the Brewster Town Code, Chapter 157, Article VIII, Section 157-
20 have been satisfied; and to amend article no. 33 from the 2009 Annual Town Meeting Warrant to raise and
appropriate, transfer from available funds, and/or to obtain by borrowing an additional sum of ONE
HUNDRED THIRTY TWO THOUSAND AND 00/100 ($132,000.00) DOLLARS to pay for the costs of
engineering, construction, reconstruction, and related expenses in connection therewith; to authorize the Town
Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money, under and pursuant to
Massachusetts General Laws Chapter 44, Section 7 or any other enabling authority, and to issue notes and
bonds of the Town therefore, or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
MOTION: That the Board of Selectmen is authorized to undertake a series of temporary road repairs to
the following roads:
Sturbridge Way, Essex Way, Stafford Terrace and Old Salem Road
and furthermore, Board of Selectmen is authorized to proceed with the reconstruction of these private
ways after it has determined that the provisions of the Brewster Town Code, Chapter 157, Article VIII,
Section 157-20 have been satisfied; and to amend article no. 33 from the 2009 Annual Town Meeting
Warrant to appropriate ONE HUNDRED THIRTY TWO THOUSAND AND 00/100 DOLLARS
($132,000.00) to pay for the costs of engineering, construction, reconstruction, and related expenses in
connection therewith; and that to meet this appropriation, the Town Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow said amount under and pursuant to Massachusetts General
Laws Chapter 44, Section 7 or any other enabling authority, and to issue notes and bonds of the Town
therefor.
ACTION: ADOPTED UNANIMOUSLY
REDUCTION OF TAX LEVY
ARTICLE NO. 22: To see if the Town will vote to transfer from available funds the sum of EIGHTY
THREE THOUSAND ONE HUNDRED SIXTY-FIVE AND 00/100 ($83,165.00) DOLLARS to be used for
the reduction of taxes, 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. 22 as printed in the warrant and to transfer
the sum of $83,165.00 from Free Cash for this purpose.
ACTION: ADOPTED
ANY OTHER BUSINESS
ARTICLE NO. 23: To act on any other business that may legally come before this meeting.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to dissolve the 2009 Fall Special Town Meeting.
ACTION: ADOPTED
The meeting was dissolved at 10:38pm.
A True Copy Attest:
Mildred A. Unger
Town Clerk