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HomeMy Public PortalAbout2008-11-17-Special Town Mtg ReportReport of the Special Town Meeting November 17, 2008 In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook Cafetorium on Monday, November 17th, 2008. The meeting was called to order at 7p.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, Ann Golini, Janet Norton, Colette Williams, Maureen Steinnman, and Joanne Hush. Gennaro Tursi, of the Board of Registrars was present. 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. McPartin Electric $680.00 b. Medical Affiliates of Cape Cod $75.00 Total $755.00 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 transfer the sum of $755.00 from Free Cash for these purposes. ACTION: Adopted Unanimously. BUDGETARY TRANSFERS ARTICLE NO. 2: To see if the Town will vote to transfer from available funds and/or appropriate from surplus funds in some departments an amount of money to be used in conjunction with funds appropriated under current fiscal year budgets to pay shortfalls that would otherwise exist in the Fiscal Year 2009 Budget of other departments, as follows: Transfer the sum of $6,200.00 from line item no. 9 (Planning Wages) of the 2008 Annual Town Meeting to line item no. 2 (Board of Selectmen’s Expenses) of article no. 3 of the 2008 Annual Town Meeting Transfer the sum of $1,000.00 from line item no. 9 (Planning Wages) of the 2008 Annual Town Meeting to line item no. 2 (Board of Selectmen’s Educational Reimbursements) of article no. 3 of the 2008 Annual Town Meeting. Transfer the sum of $2,000.00 from line item no. 9 (Planning Wages) of the 2008 Annual Town Meeting to line item no. 4 (Information Technology Expenses) of article no. 3 of the 2008 Annual Town Meeting. Transfer the sum of $17,250.00 from article no. 28 (Herring Brook Lane) of the 2007 Annual Town Meeting, $6,475.00 from Article No. 36 (Barons Way) of the 2005 Annual Town Meeting and $12,275.00 from Free Cash to line item no. 4 (Debt Service) of article no. 3 of the 2008 Annual Town Meeting. Transfer the sum of $55,000.00 from Water Revenues to line item no. 14 (Water Department Expenses / Professional Services) of article no. 3 of the 2008 Annual Town Meeting. Transfer the sums of $30,000.00 from the Free Cash to line item no. 20 (Utilities Expense) of article no. 3 of the 2008 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. 2 and to transfer the sum of $130,200.00 as printed in the warrant for these purpose. ACTION: Adopted Unanimously. CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO. 3: To see if the Town will vote to transfer from available funds a sum of money for the purpose of funding the following capital acquisitions and expenditures to be undertaken during Fiscal Year 2009 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 $150,000.00 b. Transfer Station Scale Construction Project $40,000.00 c. Transfer Station Environmental Monitoring Expense $7,000.00 d. DPW Floor Drain Project $20,000.00 e. Road Tracker Software Expense $3,000.00 f. Line Painting Machine $6,000.00 g. Open Top Containers $18,000.00 h. Snow Plow Equipment $10,500.00 i. Sander Equipment $26,000.00 j. Tree Trimming Professional Services $26,000.00 k. Great Field Roads Gravel Pit Engineering Services $15,000.00 l. Paines Creek Engineering Services $15,000.00 Sub-total $336,500.00 2 Fire Department: a. Fire & Rescue Dispatch Services Account $20,000.00 b. Ambulance Billing Services Expense $20,000.00 c. Carbon Monoxide Meters Equipment $7,000.00 d. Fire Engine Lease Expense Contribution $75,000.00 Sub-total $122,000.00 Board of Selectmen: a. COA Building Automatic Door Opener Expense $6,500.00 b. Millsites Building Improvement Project $38,000.00 c. Town Facilities Security Equipment $22,000.00 d. Natural Resources Boat Replacement Expense $30,000.00 e. Conservation Trails & Park Enhancements Projects $12,550.00 f. Technology Repairs & Projects $20,000.00 g. Tennis Court Design & Engineering Project $15,000.00 h. Election Equipment Expense $19,500.00 Sub-total $163,550.00 Water Department: a. Emergency Response and Security Response $9,500.00 b. Standpipe Maintenance Expense $22,000.00 c. Generator for Water Standpipe $9,900.00 d. Water Discharge Permitting Expense $25,000.00 Sub-total $66,400.00 Elementary School Department: a. Technology Projects $20,000.00 b. Eddy School Painting Project $10,000.00 c. Eddy School Trim Project $17,000.00 d. Eddy School Air Handler Repair Project $10,000.00 e. Eddy School Phone System Replacement Expense $15,000.00 f. Eddy School Roof Repair Project $50,000.00 g. Stony Brook Bleacher Project $3,500.00 h. Stony Brook Painting Project $25,000.00 i. Stony Brook School Tile Flooring Project $12,000.00 Sub-total $162,500.00 Golf Department: a. Dump Truck Replacement Expense $45,000.00 b. Sink Hole Repair Project $10,000.00 Sub-total $55,000.00 Police Department: a. Emergency Preparedness Equipment & Supplies $25,000.00 Sub-total $25,000.00 Board of Assessors: a. Professional Services $16,400.00 Sub-total $16,400.00 Brewster Ladies Library: a. Historical Records Preservation & Storage Facility $50,000.00 Sub-total $50,000.00 Grand Total $997,350.00 and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept grant proceeds and expend said funds for these purposes, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 3 as printed in the warrant, however that the following items be amended: a. Item no. 5 (f) Eddy School Roof Repair project in the amount of $50,000.00 be amended to $14,000.00, b. Item no. 3 (g) Tennis Court Design & Engineering Project; amend the article summary narrative so that these funds may be used to evaluate any town-owned property within the town of Brewster, and to appropriate the total amended sum of $961,350.00 for these purposes, and in order to appropriate this total sum that the town transfer the sums of $680,793.00 from Free Cash, $55,000.00 from the Golf Receipts Reserved for Appropriation account, $44,400.00 from the Water Revenue account, $22,000.00 from Article no. 24 (Standpipe No. 2 Rehabilitation) of the 2001 Annual Town Meeting, $122,000.00 from the Ambulance Receipts Reserved for Appropriation account and $16,000 from the Municipal Waterway account, $4,757.00 from Article no. 15 (1a / Emergency Preparedness Equipment & Supplies) of the 2006 Annual Town Meeting and $16,400.00 from the Overlay Surplus account. ACTION: Adopted Unanimously. FIRE DEPARTMENT FACILITIES / Architectural Services ARTICLE NO. 4: To see if the Town will vote to transfer from available funds a sum of money for the purpose of continuing the design and engineering of a new or renovated Fire Station, including costs incidental and related to the project, and to authorize the Town Administrator to solicit bids, enter into contracts and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 4. ACTION: Indefinitely Postponed. COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO. 5: To see if the Town will vote to act upon the recommendations of the Community Preservation Committee; to appropriate from the Community Preservation Fund to spend during Fiscal Year 2009 or to hold for future expenditure the following sums from the Fund’s Fiscal Year 2009 revenues; and to authorize the Town of Brewster, acting through its Board of Selectmen and Community Preservation Committee, to enter into contracts for the award of grants to the following agencies; all as follows: Item Category Amount 1. Historic Preservation: a. Stony Brook Mill Sites Committee $100,000.00 Restoration/Preservation of Stony Brook Grist Mill; located on Stony Brook Road b. Brewster Historical Society $ 50,000.00 Move/Repair Blacksmith Shop; located next to the Drummer Boy Park property on Route 6A c. Brewster Historical Society $ 30,000.00 Repair/Restoration of Barn; located at the Spruce Hill Conservation property on Route 6A 2. Community Preservation Fund Balance: a. Community Preservation Committee/Brewster Housing Partnership $300,000.00 Affordable Housing Price Buy-Down Program Grand-total $480,000.00 Or to take any other action relative thereto. (Majority Vote Required) (Community Preservation Committee) MOTION: I move that the town vote to approve article no. 5 as printed in the warrant and to appropriate the total sum of $480,000.00 from the following accounts: • Transfer the sum of $180,000.00 from the Fund Balance Reserved for Historic Preservation account, and • Transfer the sum of $300,000.00 from the Fund Balance account, for these purposes. ACTION: Adopted Unanimously. REPAIR AND RESURFACE TOWN ROADS / Chapter 90 Funds ARTICLE NO. 6: To see if the Town will vote to transfer from available funds the sum of TWO HUNDRED FORTY-SIX THOUSAND FORTY-ONE AND 00/100 ($246,041.00) DOLLARS, as provided under Chapter 90 of the Massachusetts General Laws, for local roads and highways, and to authorize the expenditure of these funds under the direction of 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. 6 as printed in the warrant and to transfer the sum of $246,041.00 from available funds for this purpose. ACTION: Adopted Unanimously. TOWN CODE AMENDMENT / Emergency Access Bylaw ARTICLE NO. 7: To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by adding the following general by-law as Chapter 157, Article IX, Sections 157-1: Emergency Access By-law Section 157-1. Purpose. This by-law provides for the protection of the general public by insuring safe and adequate access for oversized vehicles providing emergency medical, law enforcement an/or fire protection services over ways within the town. Section 157 -2. This bylaw does not apply to state or federal highways. Section 157-3. Minimum clearance standards for all ways. The traveled portion of all public and private ways in existence at the time of the adoption of this bylaw shall be kept cleared from all brush and/or overhanging tree branches to a provide minimum, unobstructed clearance of fourteen (14) feet wide and twelve (12) feet high. Any public or private way laid out after the effective date of this bylaw shall be kept cleared from all brush and overhanging trees branches in order to provide a minimum, unobstructed clearance fourteen (14) feet wide and fourteen (14) feet high. Section 157-4. Failure to maintain clearance. In the event a private way is not kept cleared as required by Section 157-3, the Superintendent of Public Works shall notify the owners of lots abutting the insufficiently cleared section of the way and shall direct them to clear the way within thirty (30) days. If the way is not adequately cleared within those thirty (30) days and if the Chief of the Police Department or the Chief of the Fire Department so requests in writing, the Superintendent may enter the way and perform the trimming necessary to bring the way into compliance with the clearance standards of Section 157-3. The Town’s costs for the clearing undertaken under this section or the next section shall be borne by the owners of the abutting land. Charges remaining unpaid may be recovered through a betterment assessment. Section 157-5. Shade trees and scenic roads. In the event that compliance with the Superintendent’s notice would involve the cutting, trimming, or removal of public shade trees or the cutting, trimming, or removal of trees along a designated scenic road, the owners shall comply, instead by requesting within those thirty (30) days appropriate authorization from the tree warden in the case of public shade trees or from the Planning Board in the case of a designated scenic road. If such permission is not sought within thirty (30) days, the Superintendent, if requested in writing by the Police Chief or the Fire Chief, may seek this permission, and if it is granted, the Superintendent may enter the way and perform the trimming necessary to bring the way into compliance with the standards of Section157-3. or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to indefinitely postpone consideration of article no. 7. ACTION: Indefinitely Postponed. FIRE DEPARTMENT / Engine Replacement Project ARTICLE NO. 8: To see if the Town will vote to transfer from available funds or borrow a sum of money to pay all costs associated with acquiring and equipping a replacement Fire Engine for the use of the Fire Department, and to authorize the Town Administrator to solicit bids, enter into contracts, and expend funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Fire Chief) MOTION: I move that the town vote a approve article no. 8 as printed in the warrant. ACTION: Adopted. TRANSFER CUSTODY / Tax Title Property ARTICLE NO. 9: To see if the Town will vote to transfer to the Conservation Commission for conservation and passive recreation purposes the care, custody, control and management of the following parcels acquired after non-payment of real estate taxes: Assessors’ Information: Acres: Location: a) Map No. 35, Parcel No. 38-10 0.56 Off Hazel Lane b) Map No. 44, Parcel No. 6-0 2.70 Off Mid-Cape Highway or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 9 as printed in the warrant. ACTION: Adopted. CAPE & VINEYARD ELECTRIC / Membership ARTICLE NO. 10: To see if the Town will vote to apply for membership in the Cape & Vineyard Electric Cooperative, Inc. (the “Cooperative”), or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote approve article no. 10 as printed in the warrant. ACTION: Adopted Unanimously. CAPE & VINEYARD ELECTRIC / Terms and Conditions ARTICLE NO. 11: To see if the Town will vote to authorize its Board of Selectmen to negotiate terms and conditions of its membership in the Cape & Vineyard Electric Cooperative, Inc. (the “Cooperative”), or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote approve article no. 11 as printed in the warrant. ACTION: Adopted Unanimously. NSTAR / Utility Easement ARTICLE NO. 12: To see if the Town will vote to authorize the Board of Selectmen to grant NSTAR an easement to install and maintain an underground electric system on Town-owned property in order to provide service to the new Brewster Water Department Office & Garage Facility, located on Commerce Park Road, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 12 as printed in the warrant. ACTION: Adopted Unanimously. SPECIAL REVENUE FUND / Cable Franchise Fee Account ARTICLE NO. 13: To see if the Town will vote to transfer the sum of FORTY THOUSAND AND 00/100 ($40,000.00) DOLLARS from the Cable Franchise Fee account for local cable television related purposes, including, but not limited to the general public purpose of supporting and promoting public access to the Brewster cable television system; training in the use of local access equipment and facilities; access to community, municipal and educational meeting coverage; use and development of an institutional network and/or municipal information facilities; and/or any other appropriate cable- related purposes, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 13 as printed in the warrant and to transfer the sum of $40,000.00 from the Cable Franchise Fee account for this purpose. ACTION: Adopted Unanimously. SIGHT-LINE EASEMENT / Intersection Improvement Project ARTICLE NO. 14: To see if the Town will vote to authorize the Board of Selectmen to acquire sight-line easements by gift from Margaret Gittinger on land identified at 437 Harwich Road, within parcel no. 95 of map no. 26 of the Board of Assessors’ Maps, or to take any other action relative thereto (Majority Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 14 as printed in the warrant. ACTION: Adopted Unanimously. PROPERTY EASEMENT / Sidewalk Improvement Project ARTICLE NO. 15: To see if the Town will vote to authorize the Board of Selectmen to acquire sidewalk easements by gift from property owners along Tubman Road for the intersection of Route 124 to Route 137, 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. 15 as printed in the warrant. ACTION: Adopted Unanimously. FUEL ASSISTANCE FUNDING ARTICLE NO. 16: To see if the Town will vote to transfer from available funds the sum of FIFTEEN THOUSAND AND 00/100 ($15,000.00) DOLLARS for the Lower Cape Outreach Council, Inc. and to authorize the Board of Selectmen to enter into contracts with these organizations in order to provide desired social services for residents of Brewster, 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. 16 as printed in the warrant and to transfer the sum of $15,000.00 from Free Cash for this purpose. ACTION: Adopted Unanimously. ZONING BYLAW/ Water Quality Protection ARTICLE NO. 17: To see if the Town of Brewster will vote to adopt the following by-law as an implementing regulation for the Brewster Water Protection District of Critical Planning Concern and to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 Zoning by RESCINDING Article XI “Groundwater Protection District” Sections 179-53 through 179-60 and SUBSTITUTING therefor the following as Article XI “Water Quality Protection Bylaw”, Sections 179-53 through 179-60: ARTICLE XI WATER QUALITY PROTECTION BYLAW 179-53 Purpose. The purposes of this Water Quality Protection Bylaw are: A. To promote the health, safety and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions and businesses of the Town of Brewster; B. To preserve and protect all existing and potential sources of drinking water supplies within Brewster’s borders; C. To identify uses that should be prohibited or allowed only by special permit; D. To protect groundwater and surface water resources from viral, pathogenic, phosphorus and nitrogen contamination and pollution from stormwater runoff; E. To complement the Commonwealth's Department of Environmental Protection regulations governing groundwater protection and the Commonwealth’s efforts to protect surface and coastal waters; F. To protect other sensitive water resource areas, including those land areas that contribute recharge to private drinking water supply wells; G. To conserve the natural resources of the Town; and H. To prevent temporary and permanent contamination of the water resources of the Town. 179-54 Scope of Authority; Overlay District This Bylaw establishes regulations governing land uses and structures and their potential impact upon the Town’s water resources. The provisions of Article XI are superimposed over all zoning districts and all land within the Town of Brewster and shall function as an overlay district. Where this Article establishes rules, regulations, requirements, standards or provisions that are stricter than the underlying zoning districts, including those uses and structures found in Table 1 of the Zoning Bylaw, the provisions of this Article shall control. 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 “Zone I” and “Zone II” and the “Groundwater Protection District” 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. 179-55 Definitions. As used in this Article, the following terms shall have the following meanings indicated: AQUIFER - Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water. BEST MANAGEMENT PRACTICES - means any structural or non structural mechanism designed to minimize the impact of non-point source pollution on receiving waters or resources, including, but not limited to: detention ponds, construction or installation of vegetative swales and buffers, street cleaning, reduced road salting, and public education programs. BUILDER’S ACRE – a unit of land measure equal to 40,000 square feet, which is considered a building acre in accordance with standard real estate practices. COMMERCIAL FERTILIZERS - Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed by its manufacturer to have value in promoting plant growth. Commercial fertilizers do not include un-manipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum. EARTH REMOVAL - The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores or bedrock. Mining activities are considered earth removal, whether the disturbed natural materials are removed from the site or re-worked on the site. DEP - The Massachusetts Department of Environmental Protection. DEVELOPMENT- means the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mine, excavation, landfill, or land disturbance; and/or any change in use, or alteration or extension of the use, of land. DISCHARGE - The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing or toxic or hazardous material or waste upon or into any land or water so that such hazardous waste or any constituent thereof may enter the land or waters of Brewster. Discharge includes, without limitation, leakage of such materials from failed or discarded containers or storage systems and disposal of such materials into any on-site leaching structure or sewage disposal system. HAZARDOUS OR TOXIC MATERIALS - Any substance or mixture of physical, chemical or any infectious characteristics posing a significant, actual or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of Brewster. Hazardous or toxic materials include, without limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, solvents and thinners and products such as pesticides, herbicides in quantities greater than normal household use; and all substances defined as hazardous or toxic under Massachusetts General Laws (MGL), Chapters 21C and 21E, using the Massachusetts Oil and Hazardous Substance List (310 CMR 40.0000), and 310 CMR 30.00. HAZARDOUS MATERIAL OR WASTE, HOUSEHOLD QUANTITY OF - means any or all of the following: a) 275 gallons or less of oil on site at any time to be used for heating of a structure or to supply an emergency generator, and b) 25 gallons (or the dry weight equivalent) or less of other hazardous materials on site at any time, including oil not used for heating or to supply an emergency generator, and c) a quantity of hazardous waste at the Very Small Quantity Generator level as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.353. HISTORICAL HIGH GROUNDWATER TABLE ELEVATION - A groundwater elevation determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey. IMPERVIOUS SURFACE - Material or structure on, above or below the ground that does not allow precipitation or surface water to penetrate directly into the soil. LANDFILL - A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006. LOT – as per Chapter 179-2 Definitions. MINING - The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores or bedrock. NITROGEN MANAGEMENT- means the process of ensuring that nitrogen generated by land uses does not exceed established capacities of the resources receiving nitrogen inputs. NON-SANITARY WASTEWATER- Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6). OPEN DUMP - A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004(a)(b)), or the regulations and criteria for solid waste disposal. POTENTIAL DRINKING WATER SOURCES - Areas that could provide significant potable water in the future. PETROLEUM PRODUCT - Petroleum or petroleum by-product including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane or butane. PROCESS WASTEWATER - All wastewater disposed of on site other than sanitary wastewater. RECHARGE AREAS - Areas that collect precipitation or surface water and carry it or have it pumped to aquifers. "Recharge areas" may include areas designated as Zone I, Zone II or Zone III. SEPTAGE - The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material that is a hazardous waste, pursuant to 310 CMR 30.000. SLUDGE - The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the headworks of a facility. STORMWATER MANAGEMENT - means the process of ensuring that the magnitude and frequency of stormwater runoff does not increase the hazards associated with flooding and that water quality is not compromised by untreated stormwater flow. SUBDIVISION - means the division or re-division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels in accordance with G.L. c.41 s.81-L. TIGHT TANK- Any and all containers or devices with regard to or used for wastewater disposal as defined and regulated by the State Sanitary Code, 310 CMR 15.260. TREATMENT WORKS - Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal. VERY SMALL QUANTITY GENERATOR - Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136. WASTE OIL RETENTION FACILITY - A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with M.G.L. c.21, section 52A. WATER QUALITY REVIEW COMMITTEE (WQRC)- Shall consist of a Committee to be appointed by the Board of Selectmen to include seven members; one member each from the Board of Selectmen, Board of Health, Planning Board, Conservation Commission and Water Commissions, the Brewster Building Commissioner and the Brewster Health Agent. At the initial appointment, to occur no later than three weeks after the effective date of this Bylaw, members other than the Building Commissioner and the Health Agent shall be appointed for one, two and three year terms and thereafter all members shall be appointed for three year terms. The Building Commissioner and Health Agent shall serve as members of the WQRC while they are employed in their respective positions. ZONE I - The immediate land area around a well. It is defined as a 400 foot protective radius for wells greater than 100,00 gpd and 100 to 400 foot radius for wells less than 100,000 gpd, depending upon the pumping rate. The Zone I must be owned by the water supplier or controlled through a conservation restriction. Only water supplier activities are allowed in the Zone I. ZONE II - The DEP approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00. The Zone II includes the Zone I. ZONE III - The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II. Zone III boundaries are determined by identifying the topographic surface water drainage divides. The surface water drainage area commonly coincides with the groundwater drainage; however, in areas where they are not coincident, the Zone III encompasses both the surface and groundwater drainage area. 179-56 Use Regulations A. Provided that all necessary permits, orders, or approvals as required by local, county, state, or federal law are also obtained and notwithstanding any requirement to the contrary found within this Article, the following uses and activities shall be exempted from the requirements of this Article and may occur without a special permit: (1) Continuous Transit. The transportation of hazardous wastes or materials provided that the transporting motor vehicle is in continuous transit; (2) Vehicular and Lawn Maintenance Fuel and Lubricant Use. The use in a vehicle or lawn maintenance equipment of any hazardous material solely as fuel or lubricant in that vehicle or equipment fuel tank; (3) Retail/Wholesale Sales/Office/Commercial Uses that store or handle hazardous materials or wastes in amounts that do not exceed household quantities; (4) Construction Activities. The activities of constructing, repairing, or maintaining any building or structure, provided that all contractors, subcontractors, laborers, and their employees follow all local, county, state and federal laws, when using, handling, storing, or producing any hazardous materials or wastes. (5) Household Use. The household use of hazardous materials or wastes in amounts that do not exceed household quantities. (6) Municipal Use. The municipal use of hazardous materials and any materials stored and used for the sole purpose of water supply treatment or as required by law; and (7) Storage of Oil(s). The storage of oil(s) used for heating fuel, provided that the container used for such storage shall be located within an enclosed structure that is sufficient to preclude leakage of oil to the external environment and to afford routine access for visual inspection and shall be sheltered to prevent the intrusion of precipitation. (8) Conservation of soil, water, plants, and wildlife; (9) Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted; (10) Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices; (11) Use and development of single-family residential dwelling units; (12) Use of land pursuant to an approved definitive subdivision plan, special permit, or variance; (13) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing; (14) Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels; (15) Underground storage tanks related to permitted activities. B. Prohibited uses within the Town of Brewster. The following uses are prohibited throughout and within the Town of Brewster: (1) Landfills and open dumps as defined in 310 CMR 19.006. (2) Landfills receiving only wastewater and/or septage (wastewater residuals “monofils”) as defined in 310 CMR 32.05, approved by the DEP pursuant to M.G.L. c. 21, sections 26 through 53; M.G.L. c. 111, section 17; M.G.L. c. 83, sections 6 and 7, and regulations promulgated thereunder; (3) Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31. (4) Storage of deicing chemicals, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. (5) Storage of animal manure, unless such storage is covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate. (6) Earth removal, not consistent with Section 179-39 of the Brewster Zoning Bylaw. (7) Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR 30.000, except for the following: (a) Very Small Quantity Generators of Class A Regulated Recyclable Material as defined under 310 CMR 30.000. (b) Household hazardous waste centers and collection events under 310 CMR 30.390. (c) Waste oil retention facilities required by MGL c. 21, § 52A. (d) Water remediation treatment works approved by the Department of Environmental Protection (DEP) designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters and operated in compliance with M.G.L. c. 21E and 310 CMR 40.000. (8) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1. (9) Storage of dry hazardous materials, as defined in MGL C. 21E, unless in a freestanding container within a building or above ground with adequate secondary containment adequate to contain a spill the size of the container's total storage capacity. (10) Storage of fertilizers unless such storage is within a structure designated to prevent the generation and escape of contaminated runoff or leachate. (11) Land uses that result in rendering impervious any lot or parcel more than 15% or 2,500 square feet, whichever is greater, unless a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality. (12) Any floor drainage system which discharges to the ground without a DEP permit or authorization C. Prohibited uses within Zones I and Zones II of the Ground Water Protection District. The following uses, which may be allowed in other areas of the Town of Brewster are prohibited in Zones I and II of the Ground Water Protection District. Notwithstanding language to contrary found within Section 179-52 of the Zoning Bylaw, no variance for a use or activity not otherwise permitted shall be granted by the Board of Appeals within Zones I or Zones II of the Ground Water Protection District. (1) Storage of liquid petroleum and/or liquid hazardous products (as defined in M.G.L. c. 21E), except the following: normal household use, outdoor maintenance and heating of a structure; fuel storage facilities as licensed by the Town; waste oil retention facilities required by statute, rule or regulation; emergency generators required by statute, rule or regulation. (2) Petroleum, fuel oil, and heating oil bulk stations and terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas. (3) Treatment works that are subject to 314 CMR 5.00 (not Title 5 septic systems), including privately owned sewage treatment facilities, except for the following: (a) The replacement or repair of an existing treatment works that will not result in a system capacity greater than the system capacity of the existing treatment work; (b) The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a system capacity greater than the system capacity of the existing system(s); (c) Treatment works approved by DEP designed for the treatment of contaminated groundwater; and (d) Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to DEP and the Planning Board’s satisfaction that these problems are attributable to current septic problems and that there will be a net improvement in water quality. (4) Stockpiling and disposal of snow or ice removed from highways and streets located outside of a Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal. (5) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material within ten (10) vertical feet of historical high groundwater table elevation, as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey. (6) Industrial and commercial uses which discharge process wastewater on site. (7) Facilities or works for the treatment or disposal of non-sanitary wastewater that are subject to 314 CMR 5.00, or that discharge to the ground non- sanitary wastewater, including industrial and commercial process waste water, except the following: (a) the replacement or repair of an existing system/treatment works that will not result in a design capacity greater than the design capacity of the existing system/treatment works; (b) treatment works approved by the Department of Environmental Protection designed for the treatment of contaminated ground water and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and (c) publicly owned treatment works. (8) Storage of commercial fertilizers, as defined herein and in G.L c. 128, § 64. (9) Gasoline stations, automotive service stations or car washes or motor vehicle or commercial boat storage or repair. For the purposes of this Chapter, “commercial” is defined as any activity involving the sale of goods or services carried out with the intent of earning a profit. (10) Dry cleaning establishments. D. Uses/Structures Allowed by Special Permit – (1) Unless otherwise exempted or prohibited elsewhere by this Article and as otherwise permitted in the underlying zoning district, the following uses and activities shall require a Special Permit from the Planning Board. Where the use or activity requires a special permit from another special permit granting authority, the provisions of this Article shall nevertheless apply, although the Planning Board and the other special permit granting authority may hold a combined public hearing pursuant to G.L. c.40A, s.9 in lieu of separate public hearings: (a) the application for the subdivision of land into 10 or more lots; (b) the application for the construction of10 or more dwelling units, whether on one or more contiguous lots, tracts, or parcels, or whether contained within one or more structures; (c) the application for a nonresidential use of 40,000 square feet or greater in lot size or 5,000 square feet gross floor area; (2) Provided that the following uses and/or structures are permitted by the underlying zoning district and other relevant regulations, a special permit may be issued by the Planning Board for the following uses and/or structures, provided that the Planning Board may impose conditions upon the use or structure, consistent with the authority provided in G.L. c.40A, s.9, such that the use or structure will not, in the Planning Board’s sole judgment, be inconsistent with the purpose and intent of this Bylaw. Notwithstanding the powers hereby conveyed by this Article and G.L .c.40A, s.9 to the Planning Board and in recognition of the expertise found within the members of the Water Quality Review Committee, the Planning Board shall, in accordance with the procedures of G.L. c.40A, s.11, cause all applications for a special permit pursuant to this Article to be submitted to the Water Quality Review Committee for the Committee’s comments and recommendations as provided by G.L .c.40A, s.11. The Planning Board shall include in its decision an explanation regarding any substantive deviation from the Committee’s recommendation regarding the approval, denial or conditional approval of the special permit application. (a) The application of pesticides, including herbicides, insecticides, fungicides and rodenticides, for non-domestic or nonagricultural uses in accordance with the state and federal standards. If applicable, the applicant shall provide documentation of compliance with a Yearly Operating Plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture approved Pesticide Management Plan or Integrated Pest Management (IPM) program under 333 CMR 12.00. (b) The application of fertilizers for non-domestic or non-agricultural uses. Such applications shall be made in a manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and sedimentation. (c) The construction of dams or other water control devices, ponds, pools or other changes in water bodies or courses, created for swimming, fishing or other recreational uses, agricultural uses or drainage improvements. (d) Any use that will render impervious more than fifteen percent (15%) or two thousand five hundred (2,500) square feet of any lot, whichever is greater. A system for groundwater recharge must be provided which does not degrade groundwater quality. For nonresidential uses, recharge shall be by stormwater infiltration basins or similar systems covered with natural vegetation, and dry wells shall be used only where other methods are infeasible. For all nonresidential uses, all such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner. (e) Any use which involves on-site wastewater disposal facilities having over 10,000 gallons per day capacity or disposal of process waste from operations other than personal hygiene and food for residents, patrons and employees. (f) Commercial boat and motor vehicle, storage, service or repair. For the purposes of this Chapter, “commercial” is defined as any activity involving the sale of goods or services carried out with the intent of earning a profit. (g) Storage of home heating fuels in approved containers in amounts greater than 275 gallons or in the aggregate, greater than 275 gallons. (h) Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities, and: 1. The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works. 2. The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that will not result in a design capacity greater than the design capacity of the existing system(s). 3. Treatment works approved by the Massachusetts Department of Environmental Protection designed for the treatment of contaminated groundwater. 4. Sewage treatment facilities in those areas with existing water quality problems when it has been demonstrated to the Department of Environmental Protection's and the Special Permit Granting Authority's satisfaction both that these problems are attributable to current septic problems and that there will be a net improvement in water quality. 179-57 Performance Standards. To preserve the natural land surface providing high-quality recharge to the groundwater, to limit sewage flow and fertilizer application to amounts which will be adequately diluted by natural recharge and to prevent the discharge or leakage of toxic or hazardous substances into the surface and groundwater resources, all uses shall meet the following performance standards, in addition to those requirements imposed by this Article or the Planning Board: A. No 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. The concentration of nitrate nitrogen resulting from domestic wastewater disposal and from fertilizer application, when diluted by rainwater recharge on the lot, shall not exceed five parts per million (5 ppm). (1) Compliance with this standard is presumed under the following conditions: For the purposes of calculating nitrogen generation, the following standards shall be used: (a) nitrogen from dwelling units that use septic systems assuming (three persons per dwelling): 35 mg/l; (b) nitrogen from lawn fertilizers: three pounds per 1,000 square feet (25 % leached); (c) nitrogen in background precipitation: 0.05 mg/l; (d) runoff from roads and ways: 1.50 mg/l; (e) runoff from roofs: 0.75 mg/l B. All toxic or hazardous materials shall be stored in product-tight containers, protected from corrosion, accidental damage or vandalism and shall be used and handled in such a way as to prevent spillage with provisions for spill containment and cleanup procedures. In addition, commercial enterprises shall be required to maintain a product inventory and reconcile said inventory with purchase, use, sales and disposal records at sufficient intervals to detect product loss. Subsurface fuel and chemical storage facilities in compliance with local regulations and Massachusetts fire prevention regulations shall be deemed to be in compliance with this standard. C. No toxic or hazardous materials shall be present in waste disposed on the site. Waste composed in part or entirely of toxic or hazardous materials shall be retained in product-tight containers for removal and disposal by a licensed scavenger service or as directed by the Board of Health. D. Contaminant levels in groundwater resulting from disposal of any substance from operations, other than personal hygiene and food for residents, patrons and employees or from wastewater treatment and disposal systems greater than 10,000 gallons per day capacity, shall not exceed those levels specified in the Drinking Water Regulations of Massachusetts, 310 CMR 22.00, after allowing for dilution by natural recharge on the premises. If higher, background levels of individual constituents in the groundwater shall not be exceeded. E. All runoff from impervious surfaces shall be recharged on the site and diverted towards areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are infeasible and shall be preceded by oil, grease and sediment traps to facilitate removal of contaminated solids. In the vicinity of chemical or fuel delivery points, provision shall be made for spill control. F. The Planning Board shall ensure that land uses, structures and related developments conform to the following performance standards for storm water management. (1) No development shall result in a direct discharge of untreated stormwater, either on or offsite. (2) Post development discharge rates shall not be greater than predevelopment discharge rates. (3) New development shall maximize recharge to groundwater. (4) New development shall be required to remove, onsite, no less than 80% of the annual total suspended solids generated from development runoff. (5) Best management practices shall be maintained for appropriate periods of time. G. Sand and gravel removal operations shall be limited to a plane that is at least ten (10) feet above the historical high groundwater level for that location. Land area exposed at any one time shall be limited to no more than five (5) contiguous acres in surface area and land disturbed by sand and gravel removal operations shall be returned to a natural vegetative state within one year of completion of operations. H. Monitoring of Regulated Substances in Groundwater Monitoring Wells. If required by the Planning Board, groundwater monitoring well(s) shall be provided at the expense of the applicant in a manner, number, and location approved by the Planning Board. Except for existing wells found by the Planning Board to be adequate for this provision, the required well(s) shall be installed by a water well contractor. Samples shall be analyzed and analytical reports that describe the quantity of any hazardous material or waste present in each monitoring well shall be prepared by a Massachusetts certified laboratory. 179-58 Prohibited Uses within the Pleasant Bay Watershed. [RESERVED] 179-58.1 Uses/Structures Allowed by Special Permit within the Pleasant Bay Watershed. [RESERVED] 179-58.2 Performance Standards within the Pleasant Bay Watershed. [RESERVED] 179-59 Prohibited Uses within the Watersheds of Surface Water Bodies Other than Pleasant Bay. [RESERVED] 179-59.1 Uses/Structures Allowed by Special Permit within Watersheds of Surface Water Bodies Other than Pleasant Bay. [RESERVED] 179-59.2 Performance Standards within the Watersheds of Surface Water Bodies Other than Pleasant Bay. [RESERVED] 179-60 [Reserved] or 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, however that the number “100,00” in second line of the definition for Zone I under Section 179-55 (Definitions) be amended to “100,000”. AMENDMENT ON MAIN MOTION: I move to commit article 17 to a committee: The committee to be made up of : 1 Planning Board member appointed by the Selectmen, 2 members of the Brewster Taxpayer’s Association appointed by their Chairman, 4 registered voters/taxpayers (2 of which should be from the mining occupation) appointed by the moderator. For the purpose of holding public meetings and to gather taxpayer input and recommendations on this article. I move this article because of the major changes in the main motion, received only at Town Meeting in a handout, and the lack of time given to review them. ACTION ON AMENDMENT: Defeated. ACTION ON MAIN MOTION: Adopted Yes – 269 No - 68 ZONING BYLAW AMENDMENT / Sand & Gravel Operations ARTICLE NO. 18: To see if the Town will vote to adopt the following by-law as an implementing regulation for the Brewster Water Protection District of Critical Planning Concern and as an amendment of the Code of the Town of Brewster, Massachusetts, by deleting Chapter 89-3, Dredging and Soil Removal, Article II, Soil Removal and by amending Chapter 179 (Zoning Bylaw), by DELETING § 179-39, “Earth Removal and excavation” as currently written and by SUBSTITUTING as the NEW § 179-39 “Sand and Gravel Operations” the following: § 179-39 Sand and Gravel Operations A. Lawfully existing Sand and Gravel Operations in existence as of the effective date of this bylaw section may continue on those parcels of land where there are ongoing operations. B. Except where such activity is clearly incidental to the development of a site for a building or street or active cranberry bog or repair of existing septic system or where the activity is approved coincident to the construction of a subdivision of land approved by the Planning Board pursuant to G.L. c.41, s.81-U, no sand, gravel, loam or minerals shall be moved from any area where the amount moved is 2,000 cubic yards or more within any one-year period unless authorized by a special permit by the Planning Board. No new cranberry bogs or enlargements to existing cranberry bogs or new ponds or enlargements to existing ponds shall be allowed in Zone II areas. C. After the effective date of this Bylaw, no special permit shall be issued for any new operations on previously un-worked parcels that seek to remove sand, gravel, loam, soil, rock or minerals on any parcel or lot within the Brewster Water Protection District and in addition no previously existing operations shall excavate below a plane of 10 feet above the historical high groundwater level for that location nor within the setbacks provided for in this bylaw. After the effective date of this section, the elimination of lot lines shall not effect the application of Sections 179-39 through 179-39.6. D. Notwithstanding language to contrary found within Section 179-52 of the Zoning Bylaw, no variance for a use or activity not otherwise permitted shall be granted by the Board of Appeals within Zones I or Zones II of the Ground Water Protection District. § 179-39.1 Definitions. BOARD — Shall mean the Planning Board. EARTH — Shall include but not be limited to soil, sand, clay, gravel and rock. SAND & GRAVEL OPERATIONS— Shall mean commercial mining, stripping, quarrying, filling, digging or blasting of earth originating from Brewster and its transportation on or off the site into or out of Brewster. § 179-39.2 Procedures; Application information. A. Each application for a special permit for sand and gravel operations shall be subject to the procedures as required by §179-51 of the Zoning Bylaw, as amended. B. Each application for a special permit for sand and gravel operations shall be accompanied by plans prepared by a licensed professional engineer, licensed land surveyor or other accepted professional, broken down into three phases, showing the premises in sufficient detail to describe the proposed operation and including the following: (1) Existing Conditions Plan: (a) Current Site Plan - Property and street lines, names and addresses of applicants, property owners and abutters drawn to a twenty-foot or forty- foot scale; (b) Locus Plan - the applicants’ entire property holdings within a 2 mile radius must be shown on a plan drawn to a two-hundred foot scale; (c) Existing topography of the site in two-foot contours showing all man- made features/structures, property lines, fences/stonewalls, vegetative cover and the topography by five-foot contours 100 feet beyond the limits of the property where the excavation is to take place; (d) Elevation of the seasonal high groundwater table and the historical high groundwater table and locations of monitoring wells, existing or to be installed, by the applicant; (2) Active Operational Plan: (a) Location and manner in which all material is to be stored; specific details about where debris, including but not limited to trees stumps, shall be disposed; (b) A plan showing the proposed stage by stage progress of mining over the term of the special permit, recognizing that the maximum area of any single stage shall not exceed five acres. Each movement into a new stage shall be contingent on revegetation of at least a portion of the previous stage in such a way that no more than five acres of bare sand shall be open to weather at any given time; (c) Estimated quantity of material to be removed and topsoil to be replaced and the method to be used during each anticipated phase of the operation, verified by a registered Massachusetts land surveyor or professional civil engineer; (d) A road map shall be provided indicating the access and egress of traffic. Not more than one entrance and one exit shall be provided to any area of operation; (e) The Plan should show the property has restricted access. (3) Closure Plan: Closure plan, showing the following information in two-foot contours drawn to a twenty-foot or forty-foot scale: (a) Final topography, grades and elevations; (b) Location, types and amounts of vegetation to be planted; (c) Drainage plans, swales and berms as may be applicable; (d) Location of any structures that are to remain; (e) Reclamation plan as outlined in Section 179.39.4 (Q) § 179-39.3 Permit Limitations A. Each special permit for Sand and Gravel Operations shall be issued for a period of no more than five (5) years. Special permits may be renewed for additional periods of five (5) years in the same manner. B. Where the request covers a parcel of land larger than five (5) acres a special permit may be granted for the entire parcel but the special permit shall define the intended progress of mining in stages not to exceed five contiguous acres. The special permit shall explicitly specify the order in which each stage shall be mined and that progress into the next successive stage shall be contingent on the revegetation of the current stage so that under no circumstances shall more than five acres be open and un- vegetated at any one time § 179-39.4 Conditions and Restrictions Each special permit shall be subject to, but not limited to, conditions and/or restrictions related to the following, unless as determined by the normal super- majority vote of the Board that such conditions or controls are not necessary: A. All vegetation and soil suitable for cover material shall be stockpiled or windrowed and retained for future use in the reclamation of the affected area; B. Border buffer strips in which natural vegetation and soil are undisturbed shall be required to be left for a width of at least 100 feet from the side line of any road open to public use, except for designated access to the sand and gravel operation and for a width of at least 50 feet from all abutting property lines unless written consent of the abutting property owner has been received by the Board; C. The preservation of trees, bushes and other vegetation and the erecting of a six-foot high landscaped berm or fencing may be required within 200 feet of a residential property line to muffle objectionable noise or vibration; D. The depth of any excavation shall be limited to a plane that is at least ten (10) vertical feet above the historical high groundwater level for that location, unless the purpose is to create a pond or active cranberry bog, except in Zone II where such activities are prohibited. The Board may require the installation of monitoring wells in addition to those proposed by the applicant and require a sampling and reporting schedule different and more stringent than that proposed by the applicant; E. No mining or excavation activity shall induce flooding, erosion, or siltation on any adjacent property; F. Provisions of the special permit may be maintained during operations for the control of noise, dust and/or erosion caused by wind or water which would affect the adjacent properties or traffic along a roadway; G. Only uses allowed in the special permit shall take place on the subject premises. No other co-incidental land uses shall be permitted to coincide with the primary use for more than 30 days per year (consecutive or not) unless specifically authorized by the Special Permit; H. No earth or other materials foreign to the subject premises, including but not limited to boulders, asphalt, cement, road construction debris, demolition debris and tree stumps shall be brought onto and deposited or buried on the subject premises during the period of the special permit except topsoil and living plant material for reclamation use, unless specifically authorized by an existing registration or by the special permit or by written consent of the Board of Health or its agent. In this connection, debris is not included in the definition of “earth” above; I. The special permit grantee shall, to the satisfaction of the Board, stake or mark all phase areas where work and restoration have been completed, the phase area currently being worked, and any phase areas for which subsequent work is planned. The GPS coordinates of these bounds and all bounds on the premises shall be recorded and this information shall be filed with the Special Permit Granting Authority. These boundary markers shall be maintained at all times during the time period of original and any renewed special permits; J. Records showing the amount of earth removed shall be provided to the Planning Board on each one-year anniversary date of the granting of the special permit by a registered Massachusetts professional engineer or civil engineer on a certified current site plan with contours and elevations; K. Times of earthmoving or related operations may be restricted to those stipulated in the Special Permit, which will vary in accordance with the proposed site and existing and/or future surrounding land uses. Included among related operations are the starting of engines either for vehicles or machinery, loading and unloading of trucks, and preparations for commencing work; L. The applicant and/or property owner shall agree by acceptance of the special permit to allow the Planning Board, the Board of Health or their representative(s) free access to the site to conduct inspections to determine compliance with the conditions of the special permit at any time without prior notice; M. The applicant for a special permit shall advance sufficient funds to reimburse the Town of Brewster as the Planning Board estimates necessary for professional evaluation services. Unexpended funds will be refunded to the applicant. During the term of the special permit, The Planning Board may demand additional funds at its sole discretion to monitor operations on site should these services become necessary; N. The Board must be notified of any transfer of ownership or legal interest or change in contractual interest in the subject property, including the sand and gravel operator deriving income resulting from such work on said property, within 10 days of such transfer or change. Failure to do so will render the special permit null and void ab initio; O. The reclamation plan of the altered land shall be performed in the following manner: (1) The slope of the finished banks shall at a minimum meet OSHA standards 2008 edition. (2) At least four inches of topsoil shall be placed or remain over the subsoil. (3) The area shall be graded and seeded or planted to prevent erosion and to conceal the scars of earth removal. Seeding, planting, fertilizing and watering shall be done to the best professional standards; (4) The Board may allow a portion of a specific stage to be reclaimed at a later specific date for purposes of starting work in an adjacent stage or for purposes of interior roadways if seasonal or weather factors make immediate revegetation impractical; however, these areas must be shown on the submitted site plans. The restriction to no more than five un-vegetated acres shall be observed. § 179-39.5 Security for mining operations A. To ensure compliance with the conditions of the special permit the applicant shall be required to post cash deposit or surety bond, in form acceptable to the Town Treasurer, in amount sufficient to meet 115% of the estimated cost of the required reclamation work. The Treasurer shall not accept the deposit or the bond until the amount of the estimate has been approved by the Town of Brewster’s Department of Public Works. Within six months of the completion of the operation, or following the expiration or withdrawal of the special permit, and considering season and/or weather conditions, the land shall be reclaimed in accordance with the conditions of the special permit. Failure to comply with this section and the conditions of the special permit shall result in forfeiture of the security to the Town of Brewster. Said deposit or bond shall not be released until all conditions of the special permit and ground cover vegetation is established in the sole opinion of the Board. B. The holder of the Special Permit shall not allow motor cross, motorcycles or all-terrain vehicles or other recreational types of motorized vehicles to operate on the premises. The Planning Board may require additional restrictions if this activity occurs. § 179-39.6 Renewal. Any special permit issued may only be renewed thereafter with a public hearing legally advertised in accordance with G.L. c.40A, §.9; however, applications for renewal must be made 120 days or more before expiration of the current valid special permit expires. Renewal, if granted, shall date from the day the current special permit expires. Renewal shall not be granted if work and restoration under the current special permit fails any of the conditions imposed by the Board in the originally issued special permit. Renewal may be denied if the applicant has a history of violations. And to further see if the Town will vote to amend Article IV, Section 179-11, Table 1, “Use Regulations”, “Wholesale and Manufacturing”, of the Zoning Bylaw by deleting letter “P” for Items 1, 2 and 3 under the heading “I” and by adding the letter “S” under the heading “MRD” only as shown below: RR RL RM CH VB I MRD PWSCF 1. Removal of sand, gravel, quarry S S S -- -- - S -- or other new material (see Sect.179-39) RR RL RM CH VB I MRD PWSCF 2. Processing and treating of -- -- -- -- -- - S -- mixed and quarried raw materials, including operations appurtenant to taking, excavating, grading, drying, sorting, crushing, grinding, milling of earth or earth products RR RL RM CH VB I MRD PWSCF 3. Excavations of sand and gravel S S S -- -- - S -- (see Sect. 179-39) or to take any other action relative thereto. (Two-Thirds Vote Required) (Citizens Petition) MOTION: I respectfully move the Town to vote to pass Article 18 as printed in the Warrant but with the following amendments to the text of the by-law: Lawful sand and gravel operations in existence on the effective date of this by-law may continue on those parcels of land where there are ongoing operations. After this by-law section becomes effective, sand and gravel operations shall not be extended horizontally or vertically without a special permit consistent with this by-law and section. by deleting §179-39, subsection C and by substituting for it the following: After the effective date of this section, no preexisting sand and gravel operations shall involve excavations below a plane ten (10') vertical feet above the historical high groundwater level at that site nor within the setbacks prescribed in this section. Special permits for sand and gravel operations within the Water Quality Protection District may be issued for unworked areas, either on lots being worked or on lots abutting lots being worked, on the effective date of this section. The elimination of lot lines after that date shall not increase the area available for a special permit and shall not affect the application of Sections 179-39 through 179-39.6. and by amending the three (3) changes proposed for the Table 1 Use Regulations by placing the letter S not only under the MRD column but also under the I column. ACTION: Adopted. ZONING BYLAW AMENDMENT / Cluster Residential Development ARTICLE NO. 19: To see if the Town of Brewster will vote to amend the Code of the Town of Brewster, Massachusetts, Chapter 179 (Zoning Bylaw), by DELETING § 179- 35 B (1) as currently written and by SUBSTITUTING as the NEW § 179-35 B (1) the following: (1) Number of dwelling units. The basic number of dwelling units allowed in the development within an R-R, R-L or R-M District shall not exceed the number of units which could be developed with a conventional plan for land in the R-R, R- L or R-M Districts, respectively. AND by DELETING § 179-35 B (10) as currently written and by SUBSTITUTING as the NEW § 179-35 B (10) the following: (10) Such common open land shall be preserved as undisturbed natural landscape in large contiguous areas and shall be permanently restricted for conservation. As appropriate to the site, open space may include woodlands, pasture, walking and riding trails, and similar areas, but shall not include structures such as tennis courts, buildings, swimming pools, or other impervious areas. or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) MOTION: I move that the town vote to approve Article 19 as printed in the warrant. ACTION: Adopted by a declared 2/3 vote. ZONING BYLAW AMENDMENT / Home Occupation ARTICLE NO. 20: To see if the Town of Brewster will vote to amend the Code of the Town of Brewster, Chapter 179, also known as the Zoning Bylaws, Article I, General Provisions, Section 179-2, Definitions, Subparagraph B by deleting the definition of “Home Occupation” which currently reads: HOME OCCUPATION- An accessory use which, by custom, has been carried on entirely within a dwelling unit, incidental and subordinate thereto, carried on by the occupants of the dwelling unit, with a limited number of nonresident employees, and not in any manner changing the residential character of the building. And replacing it with the following definition: HOME OCCUPATION- An accessory use to be carried on entirely within a dwelling unit, accessory building or buildings, by the occupants of the dwelling unit, with no more than two nonresident employees, not in any manner changing the primary residential character of the property. And further to see if the Town will vote to amend the Code of the Town of Brewster, Chapter 179, also known as the Zoning Bylaws, Article IX, Special Regulations, by deleting Section 179-37 in its entirety and replacing it with the following: § 179-37. Home occupations. A. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, the emission of odor, gas, smoke, dust, noise, electrical disturbance, light trespass, or other circumstances. B. Buildings used for home occupations shall not have any design feature that is not customary for residential buildings. C. No more than two nonresidents shall be employed therein. D. The use is carried on strictly within the building on the premises or the accessory building or buildings. There shall be no outside storage of materials or machinery. All commercial vehicles shall be garaged. E. The area used for the home occupation shall not exceed 40% of the existing floor area of the principal building and the accessory building or 499 square feet, whichever is lesser. F. Items produced elsewhere shall not be brought to the premises for purposes of sale. G. Such uses as clinics, barbershops, bakeries, gift or antique shops, beauty parlors, tearooms, tourist homes, machine or vehicle repair, cabinet and carpentry shops, animal hospitals, kennels and others of a similar nature shall not be considered to be home occupations. (Two-Thirds Vote Required) (Planning Board) MOTION: I move that the town vote to approve article no. 20 as printed in the warrant. AMENDMENT TO MAIN MOTION: I move to amend article 20 by deleting Section 179-37, paragraph D by striking the last sentence, and by deleting paragraph G in its entirety. ACTION ON AMENDED MOTION: Defeated AMENDMENT TO MAIN MOTION: I move that the town vote to indefinitely postpone consideration of article no. 20. ACTION ON AMENDED MOTION: Adopted to Indefinitely Postpone. TOWN CODE AMENDMENT / Excavation &Trench Safety Regulations ARTICLE NO. 21: To see if the Town will, pursuant to M.G.L. c. 82A, § 2, vote to authorize the Selectmen to designate and, from time to time, change the designation of the Board or Officer to issue permits for the purpose of creating a “trench” as that term is defined by M.G.L .c. 82A, § 4 and 520 CMR 14.00, 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. 21 as printed in the warrant. ACTION: Adopted Unanimously. INSURANCE RESERVE FUND ARTICLE NO. 22: To see if the Town will vote to accept Chapter 40, Section 13 of the General Laws, which would allow the town to establish an insurance reserve fund in order to effectively manage insurance costs by using deductibles, retentions and self- insurance to control premium expenses, and to transfer from available funds the sum of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS for this purpose, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 22 as printed in the warrant and to transfer the sum of $100,000.00 from Free Cash for this purpose. ACTION: Adopted Unanimously. SPECIAL LEGISLATION / GASB No. 45 ARTICLE NO. 23: To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special Home Rule legislation which will: 1. Authorize the Town to pre-fund the Town’s share of the potential liability for the post retirement health care coverage of its retirees, other eligible former employees and survivors as determined by an actuarial study. 2. Authorize the Town to establish a fund for such purposes; to determine who shall be the custodian of such fund; to identify its relationship to the Town’s Contributory Retirement System Funds; to determine how such funds may be raised through tax levy or borrowing; and to authorize the type of investments in which such fund may invest; and 3. Determine the extent to which such fund shall be authorized to access any actuarially determined surplus in the Town’s Contributory Retirement System Fund to be applied to the actuarially determined post retirement health care coverage liability for retirees and survivors whose allowances are paid from funds in the Town’s Contributory Retirement System Fund. but to state that the legislature may vary the form of the enactment in order properly to achieve its objectives; 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. 23 as printed in the warrant. ACTION: Adopted Unanimously. SPECIAL LEGISLATION / Rooms Occupancy Tax ARTICLE NO. 24: To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special Home Rule legislation which will: “Notwithstanding any general or special law to the contrary, the town of Brewster may impose a room occupancy tax, in addition to any such occupancy tax currently allowed by law, on any vacation or leisure accommodation, including but not limited to apartments, single or multiple family housing, cottages, condominiums and time share units or any other such temporary occupancy not currently defined in Massachusetts General Laws, chapter 64G. Vacation or leisure accommodation is defined as occupancy for a price to be paid and intended at the time of contract to be for a period of ninety consecutive days or less regardless of whether such use and possession is as a lessee, tenant, guest or licensee. “ but to state that the legislature may vary the form of the enactment in order properly to achieve its objectives; 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. 24 as printed in the warrant. ACTION: Adopted. STABILIZATION FUND ARTICLE NO. 25: To see if the Town will vote to transfer from available funds a sum of money to add to the Stabilization Fund, or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen) MOTION: I move that the town vote to approve article no. 25 as printed in the warrant and to transfer the sum of $250,000.00 from Free Cash for this purpose. ACTION: Adopted. ANY OTHER BUSINESS ARTICLE NO. 26: 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 2008 Fall Special Town Meeting. ACTION: Adopted Unanimously. The Special Town Meeting of November 17th, 2008 was dissolved at 10:40p.m. A True Copy Attest: Mildred A. Unger Town Clerk