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