HomeMy Public PortalAbout2009-10-19-Special Town Mtg Warrant 1
T0WN OF BREWSTER
SPECIAL TOWN MEETING
OCTOBER 19, 2009
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 warn the inhabitants of the Town of Brewster, qualified to vote in Town
affairs, to meet at the Stony Brook Elementary School Cafetorium on Monday, October 19,
2009 next, at 7:00 p.m. o’clock in the evening, then and there to act upon the following
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)
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
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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
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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
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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
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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
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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
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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
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VETERANS SERVICES 14,000.00 20,000.00 20,000.00
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)
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)
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:
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
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3. 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
4. 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
5. 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
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)
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)
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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)
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)
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;
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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.
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)
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
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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)
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)
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)
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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)
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)
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)
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)
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:
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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.
(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)
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
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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 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
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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 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.
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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 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.
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§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
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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 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)
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
15
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:
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)
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)
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)
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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
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)
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)
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)
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 __the day of
September, 2009.
Dyanne F. Cooney, Chairman
James W. Foley, Vice-Chairman
Gregory A. Levasseur, Clerk
Edward S. Lewis
Peter G. Norton
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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 October 19, 2009 by
posting attested copies thereof, in the following locations in the Town on the
day of September __, 2009:
Brewster Town Offices Brewster Farms
Brewster Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
United States Post Office
Roland W. Bassett, Constable