HomeMy Public PortalAbout2007-11-05-Special Town Mtg Warrant 1
T0WN OF BREWSTER
SPECIAL TOWN MEETING
NOVEMBER 5, 2007
Barnstable, ss
To: Roland W. Bassett
Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed
to notify and warn the inhabitants of the Town of Brewster, qualified to vote in Town
affairs, to meet at the Stony Brook Elementary School Cafetorium on Monday, November 5,
2007 next, at 7:00 p.m. o’clock in the evening, then and there to act upon the following
articles:
UNPAID BILLS
ARTICLE NO. 1: To see if the Town will vote to transfer from available funds the
sum of NINE THOUSAND FIVE HUNDRED FOUR AND 52/100, (9,504.52)
DOLLARS to pay the following bills incurred but unpaid during a previous fiscal year:
a. Community Newspaper $1,287.00
b. Stephen Knowles $ 830.00
c. Cape Discount Fuels $6,883.44
d. Turf Products. $ 394.08
e. John G. Latham, Inc. $ 110.00
__________
Grand-total $9,504.52
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
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 2008 Budget of other departments,
as follows:
a. Transfer the sum of $850.00 from line item no. 16 (Recreation Wages) to line item
no. 2 (Board of Selectmen’s Expenses) of article no. 5 of the 2007 Annual Town
Meeting
b. Transfer the sum of $3,500.00 from line item no. 16 (Recreation Wages) to line
item no. 2 (Town Administrator’s Wages) of article no. 5 of the 2007 Annual Town
Meeting.
c. Transfer the sum of $5,000.00 from line item no. 7 (Police Wages) to line item no.
7 (Police Expenses / Training Expense) of article no. 5 of the 2007 Annual Town
Meeting.
d. Transfer the sum of $1,000.00 from line item no. 11 (Conservation Wages) to line
item no. 5 (Town Clerk Wages) of article no. 5 of the 2007 Annual Town Meeting.
e. Transfer the sum of $10,554.00 from Free Cash to line item no. 4 (Fringe Benefits
/ Unemployment Benefits) of article no. 5 of the 2007 Annual Town Meeting.
f. Transfer the sum of $1,600.00 from line item no. 16 (Recreation Wages) to line
item no. 20 (Utility Expenses / postage equipment expense) of article no. 5 of the
2007 Annual Town Meeting.
g. Transfer the sums of $4,000.00 from the Telecommunications Account and
$16,000.00 Free Cash to line item no. 20 (Utilities Expense) of article no. 5 of the
2007 Annual Town Meeting.
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h. Transfer the sum of $653.00 from line item no. 16 (Recreation Wages) to line item
no. 9 (Planning Board Wages) of article no. 5 of the 2007 Annual Town Meeting.
i. Transfer the sum of $6,000.00 from Water Revenues to line item no. 14 (Water
Department Expenses / Professional Services) of article no. 5 of the 2007 Annual
Town Meeting.
j. Transfer the sums of $48,800.00 from the Road Betterment Fund and
$15,320.00 from Water Revenues to line item no. 4 (Debt Service Expense) of
article no. 5 of the 2007 Annual Town Meeting.
k. Transfer the sum of $46,000.00 from Free Cash to line item no. 1 (Elementary
School Expenses) of article no. 4 of the 2007 Annual Town Meeting
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
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 2008 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. Cemetery Improvement Project $10,000.00
b. Drainage / Road Maintenance Project $75,000.00
c. Crosby Beach Boardwalk Project $30,000.00
d. Wood Chipper Replacement $45,000.00
e. Solid Waste Road Tractor Replacement $120,000.00
f. Equipment Tire Replacements $20,000.00
g. Landfill Monitoring Expense $45,000.00
h. Transfer Station Door Replacement Project $18,000.00
2 Fire Department:
a. Ambulance Replacement $175,000.00
b. Dispatch Services Account $40,000.00
c. Ambulance Billing Services $25,000.00
d. Automatic Electronic Defibrillators $10,000.00
e. Station Painting Project $23,000.00
3. Board of Selectmen:
a. Council on Aging / Old Town Hall Window Replacement & Repair $60,000.00
b. Town Offices Building HVAC Engineering Services Expense $50,000.00
c. Public Access Video Equipment $40,000.00
d. Technology Equipment & Projects $20,000.00
e. Ladies Library Doors Replacement Project $30,000.00
4. Water Department:
a. Construction Account $160,000.00
b. SCADA System Update $54,000.00
5. Elementary School Department:
a. Technology Projects $20,000.00
b. Eddy School Painting Project $10,000.00
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c. Eddy School Light Poles Replacement Project $60,000.00
d. Eddy School Trim Repair Project $100,000.00
e. Eddy School Door Replacement Project $10,000.00
f. Stony Brook Painting Project $25,000.00
g. Stony Brook Carpeting Project $10,000.00
h. Stony Brook Bathroom Floors Project $74,500.00
i. Stony Brook Air Compressor Replacement $18,000.00
6. Town Clerk:
a. Secure Storage Equipment / Town Records $36,000.00
7. Golf Department:
a. Pavilion HVAC Project $40,000.00
b. Golf Clubhouse Painting Project $10,000.00
c. Point of Sale System Replacement $22,000.00
___________
Grand Total $1,485,500.00
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)
COMMUNITY PRESERVATION ACT FUNDING
ARTICLE NO. 4: 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 2008 or to hold for future expenditure the following sums from
the Fund’s Fiscal Year 2008 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. Council on Aging / Old Town Hall Window Replacement $100,000.00
b. Town Hall Vault Records Storage System $18,000.00
2. Open Space:
a. Slough Pond Woodlands Debt Service Expense $197,281.00
3. Recreation:
a. Stony Brook School Early Childhood Playground Project $25,998.00
____________
Grand-total $341,279.00
or to take any other action relative thereto.
(Majority Vote Required) (Community Preservation Committee)
PROFESSIONAL SERVICES / TAX TITLE ACCOUNTS
ARTICLE NO. 5: To see if the Town will vote to transfer from available funds the
sum of TWENTY-FIVE THOUSAND AND 00/100 ($25,000.00) DOLLARS and to
authorize the Town Administrator to enter into a contract or contracts for professional
services and to expend these funds to undertake tax title foreclosure proceeding against
delinquent property tax accounts, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
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ENVIRONMENTAL CONSULTING SERVICES
ARTICLE NO. 6: To see if the Town will vote to transfer from available funds the
sum of FORTY THOUSAND AND 00/100 ($40,000.00) DOLLARS and to authorize the
Town Administrator to enter into a contract or contracts for professional review and
analysis of environmental issues and studies related to Pleasant Bay and /or other
groundwater, surface water or wastewater planning issues, and for water quality
recommendations and protection, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
REPAIR AND RESURFACE TOWN ROADS / CHAPTER 90 FUNDS
ARTICLE NO. 7: To see if the Town will vote to transfer from available funds the
sum TWO HUNDRED AND FORTY-FIVE THOUSAND SIX HUNDRED AND
FOURTEEN 00/100 ($245,614.00) 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)
ROAD DRAINAGE EASEMENT
ARTICLE NO. 8: To see if the Town will vote to authorize the Board of Selectmen
to acquire drainage easements by gift and/or purchase from the following:
1) Howard Imports, Inc. on land identified at 485 Underpass Road, within parcel
no. 65-2 of map no. 26 of the Board of Assessors’ Maps,
2) Kevin P. & Nancy D. Fitzgibbons on land identified at 213 Millstone Road,
within parcel no. 28 of map no. 82 of the Board of Assessors’ Maps,
3) James A. Shyne on land identified at 366 Freemans Way, within parcel no.
325 of map no. 42 of the Board of Assessors’ Maps,
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
S.E.I.U. STUDY
ARTICLE NO. 9: To see if the Town will vote to transfer from available funds
the sum of SEVEN THOUSAND FIVE HUNDRED AND 00/100 ($7,500.00)
DOLLARS and to authorize the Town Administrator to enter into a contract or contracts
for professional services to undertake a review and update of the position job
descriptions and classifications of those employees covered under the collective
bargaining agreement with the Service Employees International Union (SEIU), or to take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
CONSTRUCTION OF A NEW WATER OFFICE & GARAGE FACILITY
ARTICLE NO. 10: To see if the Town will vote to appropriate a sum of money to
pay costs of completing the design, constructing, originally equipping and furnishing of a
Water Department Office and Garage facility, including the payment of all other costs
incidental and related to the carrying out of this project and its financing, and to see
whether such sum shall be raised by a transfer from available funds, or to authorize the
Town Treasurer, with the approval of the Board of Selectmen, to borrow a certain sum of
money under and pursuant to Chapter 44 of the General Laws, and/or any other enabling
authority, and to issue bonds or notes of the Town therefor; to transfer from available
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funds an additional sum of money for the purpose of paying for the preparation, issuance
and marketing of bonds and notes issued hereunder and for paying interest on temporary
notes issued in anticipation thereof; or to take any other action relative thereto.
(Two-Thirds Required) (Board of Selectmen & Water Commission)
RESCIND DEBT AUTHORIZATION
ARTICLE NO. 11: To see if the Town will vote to rescind the authorization to incur
debt in the following amount:
FIVE HUNDRED THOUSAND AND 00/100 ($500,000.00) DOLLARS under
article no. 6 of the May 1, 2006 Special Town Meeting
said article allowed for purchase of real estate located off Slough Road, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
HANDICAPPED PARKING REGULATIONS
ARTICLE NO. 12: To see if the Town will vote to repeal the Code of the Town of
Brewster, Massachusetts, Chapter 106, Sections 1 – 4, which currently read as follows:
Chapter 106, HANDICAPPED PARKING
§ 106-1. Reservation of spaces required.
Any person or body that has lawful control of a public or private way or of improved or
enclosed property used as off-street parking areas for businesses, shopping malls,
theaters, auditoriums, sporting or recreational facilities, cultural centers, residential
dwellings or for any other place where the public has a right of access as invitees or
licensees shall be required to reserve parking spaces in said off-street parking areas for
any vehicle owned and operated by a disabled veteran or handicapped person whose
vehicle bears the distinguishing license plate or placard authorized by MGL C. 90, § 2, or
Chapter 632 of the Acts of 1985, as amended.
§ 106-2. Number of spaces.
Where the number of parking spaces in any such area is more than 15 but not more
than 25, there shall be one handicapped parking space; more than 25 but not more than
40, 5% of such spaces, but not fewer than two handicapped spaces; more than 40 but
not more than 100, 4% of such spaces, but not fewer than three handicapped spaces;
more than 100 but not more than 200, 3% of such spaces, but not fewer than four
handicapped spaces; more than 200 but not more than 500, 2% of such spaces, but not
fewer than six handicapped spaces; more than 500 but not more than 1,000, 1 1/2% of
such spaces, but not fewer than 10 handicapped spaces; more than 1,000 but not more
than 2,000, 1% of such spaces, but not fewer than 15 handicapped spaces; more than
2,000 but less than 5,000, 3/4 of 1% of such spaces, but not fewer than 20 handicapped
spaces; and more than 5,000, 1/2 of 1% of such spaces, but not fewer than 30
handicapped spaces.
§ 106-3. Identification; location.
A. All parking spaces designated as reserved under the provisions of the above section
shall continue to be so reserved unless a change in designation is authorized in
writing by the Building Inspector and shall be identified by the use of above-grade
signs with white lettering against a blue background and shall bear the words
"Handicapped Parking: Special Plate Required. Unauthorized Parking Subject to Fine
and Towing at Owner's Expense."
B. Such spaces shall be as near as possible to a building entrance or walkway, shall be
adjacent to curb ramps or other unobstructed methods permitting sidewalk access
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to a handicapped person and shall be 12 feet wide or shall consist of two eight-foot-
wide areas with four feet of crosshatch between them.
§ 106-4. Violations and penalties.
It shall be unlawful for any person or persons to have unauthorized vehicles within
parking spaces designated for use by disabled veterans or handicapped persons as
authorized by the above sections or to leave such a vehicle as to obstruct a curb ramp
designed for use by handicapped persons as a means of egress to a street or public way.
The penalty for violation of this chapter shall be $15. The vehicle may be removed
according to the provisions of MGL C. 266, § 120D. The penalty for failure to establish
and maintain handicapped spaces and signs required by the above sections in this
chapter shall be $50 for each day such failure continues. As an alternative to criminal
enforcement, this chapter may, in accordance with MGL C. 40, § 21D, be enforced in a
non-criminal proceeding by either the Building Inspector and Assistant Building Inspectors
or any member of the Police Department. Any enforcement person taking cognizance of a
violation of the chapter may, as an alternative to initiating criminal proceedings, give to
the offender a written notice to appear before the Clerk of the Orleans District Court at
any time during office hours, but not later than 21 days after the date of the notice,
unless the civil fine is sooner paid.
and to substitute in their place the following:
Chapter 106, HANDICAPPED PARKING
§ 106-1. Reservation of spaces required.
Any person or body that has lawful control of a public or private way or of improved or
enclosed property used as off-street parking areas for businesses, shopping malls,
theaters, auditoriums, sporting or recreational facilities, cultural centers, residential
dwellings or for any other place where the public has a right of access as invitees or
licensees is required to reserve parking spaces in said off-street parking areas for any
vehicle owned and operated by a disabled veteran or handicapped person whose vehicle
bears the distinguishing license plate or placard authorized by MGL C. 90, § 2, or Chapter
632 of the Acts of 1985, as amended.
§ 106-2. Number of spaces table.
Total Parking in Lot Required Minimum Number of Accessible Spaces
16-25 1
26-40 5% but not less than 2
41-100 4% but not less than 3
101-200 3% but not less than 4
201-500 2% but not less than 6
501-1,000 1.5% but not less than 10
1001- 2000 1% but not less than 15
2001-5000 .75% but not less than 20
5001- .5% but not less than 30
§ 106-3. Identification; location.
A. All parking spaces designated as reserved under the provisions of the above section
shall continue to be so reserved unless a change in designation is authorized in
writing by the Building Inspector and shall be identified by the use of above-grade
signs, located at a height no less than five (5) feet but more than eight (8)
feet to the top of the sign. The sign shall show the international symbol of
accessibility. Van accessible spaces shall include the words “van
accessible”.
B. Such spaces shall be as near as possible to a building entrance or walkway, shall
be adjacent to curb ramps or other unobstructed methods permitting sidewalk
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access to a handicapped person and shall be twelve feet wide or shall be two
eight-foot wide areas with four feet of cross hatch between them.
§ 106-4. Violations and penalties.
It shall be unlawful for any person or persons to have unauthorized vehicles within
parking spaces designated for use by disabled veterans or handicapped persons as
authorized by the above sections or to leave such a vehicle as to obstruct a curb ramp
designed for use by handicapped persons as a means of egress to a street or public way.
The penalty for violation of this section shall be $100.00. The vehicle may be removed
according to the provisions of MGL C. 266, § 120D. The penalty for failure to establish
and maintain handicapped spaces and signs required by the above sections in this
chapter shall be $50 for each day such failure continues. As an alternative to criminal
enforcement, this chapter may, in accordance with MGL C. 40, § 21D, be enforced in a
non-criminal proceeding by either the Building Commissioner and Local Inspectors
or any member of the Police Department. Any enforcement person taking cognizance of a
violation of the chapter may, as an alternative to initiating criminal proceedings, give to
the offender a written notice to appear before the Clerk of the Orleans District Court at
any time during office hours, but not later than 21 days after the date of the notice,
unless the civil fine is sooner paid.
or to take any other action relative thereto.
(Majority Vote Required) (Police Chief)
ZONING BYLAW AMENDMENT / Accessory Buildings & Structures
ARTICLE NO. 13: 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 V, Area and Bulk
Regulations, Section 179-16, Table 2, Area Regulations, Footnote 7, to change the
maximum height for an accessory building or structure from twenty-five (25) feet to thirty
(30) feet, so that Table 2, Footnote 7 which now reads:
Accessory buildings and structures. Any permitted accessory building in any R
District shall conform to the following provisions:
It shall not occupy more than forty percent (40%) of the required rear yard.
It shall not be less than forty (40) feet for R-R and R-L Districts and thirty
(30) feet for an R-M District from any street lot line, and shall not be less
than twenty-five (25) feet in any R-R or R-L District or twenty (20) feet in the
R-M District from any lot line. It shall not exceed twenty-five (25) feet in
height.
A temporary stand for retail sale of agriculture or farm products, where
permitted, may be six (6) feet from the front lot line.
Any permitted barn shall be at least fifty (50) feet from any street lot line or
side or rear property line and at least on hundred (100) feet from abutters
dwelling.
A private swimming pool shall be completely enclosed by a fence permanently
anchored, a minimum of five (5) feet in height and having a self closing gate
with latch.
will instead read:
Accessory buildings and structures. Any permitted accessory building in any R
District shall conform to the following provisions:
It shall not occupy more than forty percent (40%) of the required rear yard.
It shall not be less than forty (40) feet for R-R and R-L Districts and thirty
(30) feet for an R-M District from any street lot line, and shall not be less
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than twenty-five (25) feet in any R-R or R-L District or twenty (20) feet in the
R-M District from any lot line. It shall not exceed thirty (30) feet in height.
A temporary stand for retail sale of agriculture or farm products, where
permitted, may be six (6) feet from the front lot line.
Any permitted barn shall be at least fifty (50) feet from any street lot line or
side or rear property line and at least on hundred (100) feet from abutters
dwelling.
A private swimming pool shall be completely enclosed by a fence permanently
anchored, a minimum of five (5) feet in height and having a self closing gate
with latch.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ZONING BYLAW AMENDMENT / Sign Regulations for Intersection Island
ARTICLE NO. 14: To see if the Town will vote amend the Code of the Town of
Brewster, Chapter 179, also know as the Zoning Bylaws, Article VI, Signs, Section 179-
20.5, Regulations for Specific Types of Signs by adding Subparagraph O, Island Signs to
read as follows:
§ Intersection Island signs. Any individual, for-profit organization or not-for-profit
organization that volunteers to maintain and/or landscape an intersection island is
permitted to erect one (1) sign not to exceed one (1) square foot in size upon said
island. No direct, external, or internal lighting shall be permitted. The sign must be
promptly removed when the individual, for-profit or not-for-profit organization
ceases to maintain and/or landscape the intersection island
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ZONING BYLAW AMENDMENT / Sign Regulations Town Events
ARTICLE NO. 15: 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 VI, Signs, Section 179-
20.5, Regulations for Specific Types of Signs, Paragraph E(5), Town Event Signs, so that
Paragraph E(5) which now reads:
Town event signs: Up to one month in advance of and during Town-wide
celebrations declared by the Board of Selectmen or by vote of Town Meeting, such
as Brewster in Bloom, Christmas Prelude and the Town’s Bicentennial, signs,
banners, and flags not exceeding 12 square feet, which have been granted a special
permit by the Zoning Board of Appeals, may be displayed as a means of publicizing
the event or events, provided their image and/or content relates to the declared
event. The Zoning Board of Appeals shall solicit comment from the Old King’s
Highway Regional Historic District Commission as part of their public hearing process
if the sign, banner, or flag is proposed to be displayed within the historic district.
will instead read:
Town and Community event signs: Up to one month in advance of and during
Town-wide and Community events, signs, banners and flags not exceeding twenty
(20) square feet may be displayed as a means of publicizing the event or events,
provided that their image and/or content relates to the declared event. Town and
Community event signs may be displayed on Town-owned property, including a
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location separate from the event itself, if approved by a majority vote of the Board
of Selectmen. Town-wide and Community events shall include Brewster in Bloom,
Christmas Prelude, festivals, fairs, exhibitions, fundraisers and special entertainment
events that have been declared by the Board of Selectmen or by vote of Town
Meeting. A Certificate of Appropriateness shall be required from the Old King’s
Highway Regional Historic District Commission if the sign, banner, or flag is
proposed to be displayed within the historic district.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ZONING BYLAW AMENDMENT / Wind Energy Turbines
ARTICLE NO. 16: 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 adding Section 179-40.2 entitled Wind Energy Turbines which will read:
179-40.2 Wind Energy Turbines
A. Purpose and Intent. It is the express purpose of this section to accommodate wind
energy turbines (WET) in appropriate locations, while minimizing any visual, safety and
environmental impacts. This Section enables the review of WETs by the Town’s
Planning Board in keeping with the Town’s existing bylaws. This section is intended to
be used in conjunction with other regulations adopted by the Town, including historic
district regulations, development plan review, and local bylaws designed to encourage
appropriate land use, environmental protection, adequate infrastructure development,
and the preservation of historical, cultural, archaeological, architectural and recreational
values.
The scale of the proposed WET will determine the review and permitting process
required by the Town of Brewster.
B. Consistency with Federal Law. This section is intended to be consistent with state
and federal law and, in particular the regulations of the Federal Communications
Commission & Federal Aviation Administration.
C. Definitions and Word Usage. As used in this section, the following terms shall have the
meanings indicated below. The word "shall" or "will" indicates mandatory requirements.
Terms and words not defined herein but defined in the Brewster Town Code, Chapter 179,
Zoning, or in the Commonwealth of Massachusetts State Building Code shall have the
meanings given therein unless a contrary intention clearly appears. Words not defined in
either place shall have the meanings given in the then most current edition of the
Webster’s Unabridged Dictionary.
SMALL-SCALE WIND ENERGY TURBINE (SWET) - Wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion electronics,
whose total height is between 0 and 75 feet above natural grade. SWETs shall have a rated
capacity of not more that 60KW, be intended primarily to produce energy for on-site power
consumption and reduce the need to purchase utility power from the grid, and have the
ability to sell power back to the grid.
MEDIUM-SCALE WIND ENERGY TURBINE (MWET) - Wind energy conversion system
consisting of a wind turbine, a tower, and associated control or conversion electronics,
whose total height is between 75 feet and 130 feet above natural grade. MWETs shall have
a rated capacity in excess of 60 KW, be intended primarily to produce energy for on-site
power consumption and reduce the need to purchase utility power from the grid, and have
the ability to sell power back to the grid.
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LARGE-SCALE WIND ENERGY TURBINE (LWET) - Wind energy system consisting of a wind
turbine, a tower, and associated control or conversion electronics, whose total height is
more than 130 feet above natural grade. LWETs shall have a rated capacity of more than
60KW and be intended primarily to produce energy for sale to the grid, for consumption
off-site.
BLADE - Extensions from the hub of a WET which are designed to catch the wind and turn
the rotor to generate electricity.
EQUIPMENT SHELTER - An enclosed structure, cabinet, shed or box at the base of the
mount, or close to the base of the mount, where batteries, electrical equipment and other
appurtenant non-hazardous components or materials may be housed.
FALL ZONE - The area on the ground within a prescribed radius from the base of a WET.
The fall zone is the area within which there is a potential hazard from falling debris (such
as ice) and, in the case of towers, shall not be less than a radius equal in distance to the
total height of the WET. The area within the fall zone shall be under the legal care, custody
and control of the WET applicant.
Applicants who own contiguous parcels of land that will be included within the fall zone
must file ANR applications to relocate any property lines within the fall zone.
FEDERAL AERONAUTICAL ADMINISTRATION (FAA) - The governmental agency responsible
for regulating airways in the United States
FEDERAL COMMUNICATIONS COMMISSION (FCC) - The government agency responsible
for regulating telecommunications in the United States.
HUB - The center of the rotor to which the blades are attached.
HUB HEIGHT - The height as measured from the natural grade of the land below the WET
to the center of the hub.
NACELLE - The frame and housing at the top of the tower which protects the gear box and
generator from weather and helps control the mechanical noise level.
ROTOR - A WET’s blades and the hub to which they are attached.
ROTOR DIAMETER - The diameter of a WET’s rotor measured as twice the length of the
largest blade (or equal to the diameter of the swept area).
SHADOW / FLICKER - Shadows cast from WET’s which generally occur in close proximity
to the WET, although this will vary depending on the time of year, latitude and turbine
height. Flicker affects can occur when the sun shines through the rotor blades at certain
times of day and results in the temporary blocking of the suns rays with each pass of a
rotor blade.
SITE, WET - The land that is, or will be, temporarily or permanently altered during the
construction and use of any WET, including the fall zone. The applicant shall offer proof of
ownership of the site or control of said site via an existing, lawful easement, lease, license
or land use agreement.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA) - The Brewster Planning Board shall be
the special permit granting authority for purposes of this section.
TOTAL HEIGHT - Combined height as measured from the natural grade at the base of
the tower to the tip of the rotor blade when extended vertically 90 degrees from the
horizontal plane of the ground.
TOWER - A structure supporting WET generators and associated equipment, including but
not limited to the following:
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(1) Monopole Tower
The type of mount that is self-supporting with a single shaft of wood, steel,
fiberglass, or concrete, and a platform (or racks) for nacelle and blades
arrayed at the top.
(2) Guyed Tower
A monopole or lattice tower that is tied to the ground and supported by
diagonal cables attached to concrete and steel anchors embedded in the
ground.
(3) Lattice Tower
A self-supporting mount constructed of structural steel with multiple legs and
cross bracing of structural steel.
Guyed and lattice towers may be utilized for SWET and MWET installations. Only
monopole towers shall be utilized with LWET installations.
TOWER HEIGHT - The height as measured from the natural grade of the land below the
WET to the top of the tower.
WIND ENERGY TURBINE (WET) - Any structure or facility used for the converting wind
energy to electric power, including, but not limited to, towers, blades, motors, transmission
wires, buildings, monopoles or other support structures, constructed, installed or operated,
or to be constructed, installed or operated.
WIND MONITORING OR METEOROLOGICAL (“Test” or “MET”) TOWERS - Towers which
support mechanical devices such as anemometers and their support structures which
elevate them to the height desired above the natural grade to measure wind speed,
variability and direction in order to determine wind-to-electrical-energy conversion
capabilities at a specific site. Such towers shall not exceed 175 feet in total height and
shall carry aircraft warning lights. The owners shall file FAA form 7460 and receive FAA
approval before erecting a MET Tower, and shall remove the MET Tower after eighteen
months restoring the site to its original condition.
D. Use, Site and Dimensional Regulations
(1) Use Regulations
All WET or MET towers shall require a building permit and may be
permitted as follows:
(a) MET Towers. MET towers shall be permitted in all zone districts
subject to the issuance of a Special Permit and a building permit. Provided
these towers are only used to measure the wind regime at a site, a
building permit may be issued for the construction of a tower subject to
the following conditions:
i) The tower shall be removed after a period of eighteen months;
ii) The site shall be restored to its original condition following removal
of the tower;
iii) The tower shall not be erected until the applicants file FAA form
7460;
iv) The tower shall have a FALL ZONE and conform to setback
requirements; and
v) The tower shall carry aircraft warning lights and shall be painted
with alternating red and white sections.
(b) WET Facilities. The permitting process for WET Facilities shall be dictated
by the size and scale of the proposal. SWETs of less than seventy-five (75)
feet total height may be permitted in any district, provided they meet all the
building code requirements. MWETs of 75 to 130 feet in total height shall only
be permitted by Special Permit. LWETs of greater than 130 feet in total
height shall require a Special Permit and shall only be erected on land located
within the districts described in Section H.
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(2) Site Control. The applicant seeking to install a WET Facility or a MET Tower shall
submit documentation of his legal right to use the proposed site when applying for a
Special Permit. Documentation should include proof of control over the setback and clear
areas required by this section
(3) Setback
(a) All WET facilities and their associated equipment shall comply with the
building setback provisions of the zoning district in which the facility is
located.
(b) In reviewing a Special Permit application for an WET Facility, the SPGA
may reduce the required setback for accessory buildings/structures if the
applicant can produce sufficient evidence to the SPGA that no potential
exists for damage or damage claims from any other party.
(c) The following setbacks shall be observed for LWET Facilities:
i. In order to ensure public safety, the minimum distance from the
base of any tower to any property line, road (except for roads used
exclusively for servicing the LWET), habitable dwelling, business,
institution, or public recreational area shall be equal to the fall zone.
ii. The fall zone for LWET Facilities must be kept free of all habitable
structures during the operational life of the facility. Fall zone areas
shall be measured from the base of the tower.
E. Small-Scale Wind Energy Turbines (SWET)
(1) The Building Commissioner is hereby established as the permit granting
authority for SWET Facilities. A permit may be issued for the erection of a SWET in
any designated district or in connection with any permitted use in a designated
commercial or residential district, provided that the below conditions are met.
(2) Stand-alone SWETs may not be placed on lots of less than 40,000 square feet,
however, a SWET which will be attached to an existing structure and will not exceed
the building height restriction in the zoning district in which it will be located, may
be located on a lot smaller than 40,000 square feet at the discretion of the Building
Commissioner.
(3) No portion of a SWET shall be located within a wetland area.
(4) Total height of a SWET shall be limited to less than 75 feet from natural grade
to top of extended rotor blade.
(5) All portions of a SWET support structure must meet the setback requirements
for the zone where the land is located. A SWET must be setback from all habitable
structures on abutting properties by an area equal to or exceeding the distance of
the fall zone. Said setback shall not be required when the abutting owner(s) grants
an easement to the applicant. In a case where the applicant is also the owner of
the abutting property, refer to definition of fall zone and requirements to expunge
lot lines.
(6) The noise level at the lot line may not exceed 10 dB(A) over the ambient sound
level and must comply with the existing Town of Brewster Noise Bylaw.
(7) Climbing access to the tower structure shall be limited by a) placing fixed
climbing apparatus no lower than ten feet from the ground, and b) placing a six foot
fence or shielding around the SWET.
(8) Building permit applications for SWET shall be accompanied by standard
drawings of all structures, including the tower, base, footing, guy wires, guy
13
anchors, and any additional equipment or housings. Also included shall be a line
drawing of the electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to all Federal, State and Local codes.
(9) No SWET shall be installed until evidence has been supplied to the Town that
the utility company has approved the applicant’s proposal to install an
interconnected customer-owned generator. Off-grid systems shall be exempt
from this utility certification.
F. Medium Scale Wind Energy Turbine (MWET)
(1)The construction of a MWET is subject to the issuance of a Special Permit
pursuant to §179-51. The proposed MWET must comply with all the requirements
of this section, the Zoning Bylaws, and the Wind Energy Conversion Turbine
Special Permit regulations adopted by the Brewster Planning Board.
G. Large Scale Wind Energy Turbine (LWET)
(1) The construction of a LWET may only be permitted in the Large-Scale Wind
Energy Conversion Turbine Overlay District, subject to issuance of a Special
Permit pursuant to §179-51. The proposed LWET must comply with all the
requirements of this section, the Zoning Bylaws, and the Wind Energy Conversion
Turbine Special Permit regulations adopted by the Brewster Planning Board.
H. Large-Scale Wind Energy Turbine Overlay District. There is hereby established a
Large-Scale Wind Energy Turbine Overlay District within the Town of Brewster. This
district consists of the following parcels of property shown on the Large-Scale Wind
Energy Turbine Overlay District Zoning Map on file with the Brewster Building
Department, the Brewster Planning Department and the Brewster Town Clerk.
(1) Map 44, Parcels: 8, 9, 10, 13, 15, 16, 17, 18, 18-1, 19, 19-1, 19-2, 19-3,
21, 22-1, 22-2, 23, 24, 25, 27, 28, 29, 30, 30-1, 33, 34, 34-1, 34-2, 35,
37.
(2) Map 45, Parcels: 1, 2, 3, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 22-23, 22-24, 23, 24-21, 24-22, 24-28, 25, 26, 27, 28, 30, 31, 32,
32-1, 33, 33-1, 34, 35-1, 35-2, 37, 39, 39-1, 40, 41, 42, 43, 44, 45, 45-1,
46, 58-1, 59, 66, 67, 68, 69, 70-1, 70-2, 71, 72, 76, 77, 78, 79, 80-1, 80-
2.32, 33, 34, 34-1, 35, 39, 40, 41, 41-2, 55, 56, 57, 58, 81.
(3) Map 46, Parcels: 1, 2, 3, 4, 5, 6, 9, 12-1, 12-2, 12-3, 14-1, 14-2, 31, 32, 33,
34, 34-1, 35, 39, 40, 41, 41-2, 55, 56, 57, 58, 81.
(4) Map 47, Parcels: 24, 25, 26, 27, 28, 29, 32-1, 32-2, 32-3, 33, 35, 36, 37,
38, 42, 43, 46, 47, 48, 50, 51, 52, 58, 64, 90, 91.
(5) Map 52, Parcels: 1, 2-1, 2-2, 3, 6, 17, 18, 24, 26, 27, 29, 30-1, 30-2, 70,
94.
(6) Map 53, Parcels: 3, 6-1, 6-4, 6-6.
(7) The Industrial (I) District: All parcels located within said District within
the Town of Brewster.
(8) The Municipal Refuse District (MRD): All parcels located within said
District within the Town of Brewster.
(9) All Town-owned properties: All parcels currently owned by the Town of
Brewster, and any future property acquisitions, provided there are no
legal restrictions or restrictions on the title to prevent or prohibit such
development.
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I. Special Permit Application Procedures for Medium-and Large-Scale Wind Energy Turbines
(1) Special permit granting authority (SPGA).
i. The SPGA shall not approve any application that does not comply with all
the requirements of this section and the Special Permit Regulations for Wind
Energy Conversion Turbines adopted by the Brewster Planning Board. The
Board does, however, have the right to waive any part of this section without
the requirement of a variance, when it makes a specific finding that such a
waiver would not be detrimental to the public interest, cause the Town any
expense, or be inconsistent with the intent and purpose of this section.
ii. The SPGA shall act in accordance with the standards and requirements set
forth herein and in accordance with the Massachusetts General Laws.
iii. The SPGA shall open the public hearing on the application within 65 days
of the filing of an application for a special permit and shall issue a decision
within 90 days following the date of the close of the public hearing.
(2) Pre-application Development Plan Review Committee (DPRC) hearing. Prior to
filing a special permit application with the SPGA, and after review by the Cape Cod
Commission, if required, the applicant shall request a hearing before the DPRC for
purposes of discussing the proposed WET in general terms and reviewing the
relevant local approvals required. The DPRC shall meet with the applicant under this
section within 65 days following a written request submitted to the DPRC and the
Town Clerk. If the DPRC fails to schedule a pre-application hearing on a project
within said sixty-five (65)-day period, the applicant may proceed with a special
permit application under this section without need for a pre-application hearing. The
applicant shall prepare sufficient preliminary architectural and engineering drawings
to inform the DPRC of the location of the proposed facility, as well as its scale and
overall design. The DPRC shall issue a statement containing any written
recommendations or proposed alterations it recommends be made to the proposal
to better conform to the provisions of any Town bylaw or to better serve the public
interest. A written copy of the DPRC statement must be included in the application
to the SPGA.
J. Approval criteria; required findings and denials.
(1) Approval criteria. In reviewing all applications for special permits, the SPGA shall
utilize as approval criteria all applicable use, siting, dimensional, and setback
requirements set forth in § 179-51 and any applicable regulations promulgated by
the SPGA pursuant to this section.
(2) Required findings for issuance of special permit. The SPGA shall make the
following applicable findings, with appropriate reasoning, in writing, prior to the
granting of any special permit:
i. The proposed WET will not have an undue adverse impact on
historic resources, scenic views, natural resources, and/or residential
property values;
ii. The applicant has agreed to implement all reasonable measures to
mitigate the potential adverse safety, environmental, and aesthetic
impacts of the WET;
iii. The proposed WET shall comply with current FCC & FAA standards
regarding flight and air navigation hazard identification and prevention;
iv. The applicant has agreed to any maintenance and monitoring
requirements set forth in any regulations promulgated by the SPGA;
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v. The proposed WET shall be sited or camouflaged or screened to the
greatest extent possible to minimize adverse visual impacts; and,
vi. The applicant meets the criteria set forth in § D as well as all
performance standards and requirements contained in any regulations
promulgated by SPGA pursuant to this section. The SPGA reserves the
right to require the applicant to set aside fees in accordance with
M.G.L. c. 40A.
(3) Denials.
i. The SPGA may deny a special permit if it finds:
(a) That the applicant failed to meet any application or filing
requirements set forth in regulations promulgated by the SPGA;
or,
(b) That the application fails to meet applicable use, siting,
dimensional, and setback requirements set forth in this section,
or any applicable regulations promulgated by the SPGA
pursuant to this section.
ii. Any decision by the SPGA to deny an application for special permit
under this section shall be in conformance with M.G.L. c. 40A.
K. Terms of Special Permits.
(1) A special permit shall lapse 24 months following the issuance thereof if
construction of, or substantial use of, the WET has not commenced (excluding any
appeal periods).
(2) A special permit issued for any MWET or LWET shall be valid for 15 years, unless
previously abandoned or discontinued.
(3) At the end of the initial time period, the MWET or LWET shall be removed or a
new special permit shall be required. Any special permit extension beyond the
original 15-year term for a WET shall terminate within 10 years or upon the
manufacturer’s estimated useful life for the model and type of said WET or WET
component equipment. A special permit may be extended for up to a maximum of
10 years provided the applicant provides an inspection and certification by a licensed
structural engineer.
(4) Any permit issued by the SPGA for an MWET or LWET shall be valid for the
applicant only; it may not be reassigned, leased or sold.
L. Severability. The provisions of this section are severable from each other, and the
invalidity of any provisions or sections shall not invalidate any other provision or section
thereof.
M. Amendments. This section may be amended from time to time in accordance with
Section 5 of Chapter 40A of Massachusetts General Laws.
N. Validity. The invalidity, unconstitutionality or illegality of any provision of this section or
any boundary described herein shall not have any effect upon the validity, constitutionality
or legality of any other provision or boundary.
O. Rules and Regulations. After public notice and public hearing, the SPGA shall, if it deems
necessary, promulgate rules and regulations to effectuate the purpose of this section.
Public notice shall include publication of all proposed regulations in a newspaper of general
circulation in the Town not less than 21 days prior to public hearing. Failure by the SPGA
to promulgate such rules and regulations or a legal declaration of their invalidity by a court
of law shall not act to suspend or invalidate the effect of this section.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
16
TOWN BYLAW/ Water Quality Protection
ARTICLE NO. 17: 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 XI, Groundwater
Protection District, Section 179-53 through Section 179-62 in its entirety and replacing it
with Chapter 170 entitled “Water Quality Protection:
Chapter 170 WATER QUALITY PROTECTION BYLAW
170-1 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 existing and potential sources of drinking water supplies;
C. To conserve the natural resources of the Town; and
D. To prevent temporary and permanent contamination of the environment.
170-2 Scope of Authority.
All new construction, reconstruction or expansion of existing buildings and new or
expanded uses as described herein, shall comply with the Water Quality Protection
Standards and Regulations. Uses not certified by the Town as complying with said Water
Quality Protection Standards and Regulations shall be considered non-compliant and shall
be prohibited.
170-3 Definitions.
As used in this Chapter, 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.
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.
MINING -- The removal or relocation of geologic materials, such as topsoil, sand, gravel,
metallic ores or bedrock.
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.
TOXIC OR HAZARDOUS MATERIAL -- 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. "Toxic or hazardous materials" include, without
limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious
wastes, acids and alkalis, products such as pesticides, herbicides and all substances defined
as "toxic" or "hazardous" under Massachusetts General Laws (MGL), Chapters 21C and
21E, and 310 CMR 30.00, and also includes such products as solvents and thinners in
quantities greater than normal household use.
170-4 Water Quality Review.
A. Water Quality Review Committee. There is hereby established a Water Quality
Review Committee (WQRC), comprised of one representative appointed from time to
17
time by and from the Board of Selectmen, Board of Health, Planning Board,
Conservation Commission, Water Commission, Health Director and Building
Commissioner.
B. Certificate of Water Quality Compliance.
(1) A Certificate of Water Quality Compliance (COC) shall be obtained by the
owner of the premises from the WQRC:
(a) For erection of any new principal structure other than a single-family
dwelling.
(b) For change in occupancy requiring a Certificate of Use and Occupancy
under the State Building Code.
(c) For occupancy of any premises not requiring a Certificate of Use and
Occupancy, but involving the storage, handling or transportation of
toxic or hazardous wastes.
(2) No building permit or Certificate of Use and Occupancy shall be issued by the
Building Commissioner unless a COC, if required, has been obtained.
C. Requirements. A COC shall be granted only as follows:
(1) For new construction or additions or new activities not involving structures,
only if in full compliance with all requirements and performance standards
contained in this Bylaw.
(2) For change in occupancy or operation on previously developed premises if the
requirements of § 170-6 are met and the requirements of § 170-5 are either
met or, if previously exceeded, there will be no further increase in
noncompliance.
D. Submittals. The applicant for a COC shall submit ten sets of application materials to
the Building Commissioner, who shall forward one set to each member of the
WQRC. Where a special permit is required under Chapter 179, an application and all
supporting materials shall be submitted to the Special Permit Granting Authority
(SPGA). All information necessary to demonstrate compliance must be submitted,
including but not limited to the following:
(1) A complete list of all chemicals, pesticides, fuels and other potentially toxic or
hazardous materials to be used or stored on the premises in quantities
greater than those associated with normal household use, accompanied by a
description of measures to protect from vandalism, corrosion and leakage and
to provide for control of spills.
(2) A description of potentially toxic or hazardous materials to be generated,
indicating storage and disposal methods.
(3) Evidence of approval by the Massachusetts Department of Environmental
Protection for any industrial waste treatment or disposal system or any
wastewater treatment system over 15,000 gallons per day capacity,
accompanied by an analysis by a professional engineer in sanitary or civil
engineer registered in the Commonwealth of Massachusetts certifying
compliance with § 170-6D.
E. Action. For uses not requiring a special permit under Chapter 179, the WQRC shall
act within 35 days of receiving a completed application, and shall issue a COC if a
majority determine that the applicant has adequately demonstrated compliance with
the requirements of this Bylaw. Any application that does not demonstrate
compliance with the requirements of this Bylaw shall be denied. For uses requiring a
special permit under Chapter 179, the WQRC shall make recommendations to the
SPGA within 35 days of receipt of the completed application.
F. Certificate review.
(1) Every three years the WQRC shall review compliance with this Bylaw and the
COC. Upon request by the WQRC, certificate holders shall submit the
following:
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(a) Description of any changes from the originally submitted materials.
(b) Certification that the waste disposal system has been inspected by a
licensed septic system installer or treatment plant operator within the
preceding 90 days and was found to be properly maintained and in
proper operating condition.
(c) Results from analysis of leachate or wastewaters as may be required
by the Board of Health.
(2) Evidence of noncompliance shall be reported to the Building Commissioner for
the commencement of an enforcement action.
170-5 Use Regulations.
A. Prohibited uses. The following uses are prohibited throughout the Town of Brewster:
(1) Landfills and open dumps as defined in 310 CMR 19.006.
(2) Storage of liquid petroleum, 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; or treatment works
approved under 314 CMR 5.00 for treatment of ground or surface waters. Such
storage as listed above shall be in freestanding containers within buildings or above
ground with secondary containment adequate to contain a spill the size of the
container's total storage capacity.
(3) Landfilling of sludge or septage as defined in 310 CMR 32.05.
(4) Storage of sludge and septage, unless such storage is in compliance with 310
CMR 32.30 and 310 CMR 32.31.
(5) Individual sewage disposal systems under one ownership designed in
accordance with 310 CMR 15.00 to receive more than 440 gallons of sewage
on any one acre per day, except that:
(a) The replacement or repair of a system, which will not result in an
increase in design capacity over the original design or the design
capacity of 310 CMR 15.00, whichever is greater, shall be exempted.
(b) Septic Systems in existence at the date of passage of this Bylaw are
exempt from Subsection A (5), provided that the regulations of § 170-
6A are met.
(c) In cluster subdivisions, the total sewage flow allowed shall be
calculated based on the number of percable lots in the entire parcel.
(6) Storage of deicing chemicals unless such storage, including loading areas, is
designed to prevent the generation and escape of contaminated runoff or
leachate.
(7) Storage of animal manure unless covered or contained in accordance with the
specifications of the United States Soil Conservation Service.
(8) Earth removal, not consistent with Section 179-39.
(9) Facilities that generate, treat, store or dispose of hazardous waste subject to
MGL C. 21C and 310 CMR 30.000, except the following:
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(a) Very Small Quantity Generators of Class A Regulated Recyclable
Material as defined under 310 CMR 30.000.
(b) Household hazardous waste centers and 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) for the treatment of contaminated
ground- or surface waters.
(10) Automobile graveyards and junkyards, as defined in MGL C. 140B, § 1.
(11) Storage of 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.
(12) Industrial and commercial uses which discharge process wastewater on site.
(13) Storage of commercial fertilizers, as defined in MGL C. 128, § 64, unless such
storage is within a structure designated to prevent the generation of
contaminated runoff or leachate.
(14) The use of septic system cleaners which contain toxic or hazardous
chemicals.
B. Conditional uses. A COC may be issued by the WQRC for the following uses with
conditional provisions:
(1) Enlargement or alteration of existing uses that do not conform to this Bylaw.
(2) The application of pesticides, including herbicides, insecticides, fungicides and
rodenticides, for nondomestic or nonagricultural uses meeting 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.
(3) The application of fertilizers for nondomestic or nonagricultural uses. Such
applications shall be made in a manner so as to minimize adverse impacts on
groundwater due to nutrient transport, deposition and sedimentation.
(4) Except as provided for under Subsection A, those activities that involve the
handling of toxic or hazardous materials in quantities greater than those
associated with normal household use and permitted by zoning regulations.
Such activities shall require a COC to prevent contamination of groundwater.
(5) 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. Such
activities shall not adversely affect water quality or quantity.
(6) Any use that will render impervious more than 15% or 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
20
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.
(7) Any use which involves on-site wastewater disposal facilities having over
15,000 gallons per day capacity or disposal of process waste from operations
other than personal hygiene and food for residents, patrons and employees.
(8) Treatment works that are subject to 314 CMR 5.00, 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 design capacity greater than the design capacity of the
existing treatment works.
(b) 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).
(c) Treatment works approved by the Massachusetts Department of
Environmental Protection designed for the treatment of contaminated
groundwater.
(d) 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.
(9) Boat and motor vehicle service and repair, where allowed by zoning
regulations.
(10) Stockpiling and disposal of snow and ice containing deicing chemicals where
allowed by zoning regulations.
170-6 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 groundwater resource, all uses shall meet the following performance standards:
A. 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). Evidence of compliance with this section
shall be to the satisfaction of the WQRC. Compliance with this standard is presumed
under the following conditions:
(1) All uses:
(a) A sewage flow as determined by Title 5 of the State
Environmental Code not exceeding 110 gallons per day (gpd)
per 10,000 square feet of lot area and less than 10% of the lot
area maintained in cultivated lawn.
(b) Compliance shall otherwise be certified by a registered
professional engineer in sanitary or civil engineering.
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
21
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 15,000
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. Sand and gravel removal operations shall be limited to a plane that is at least twenty
(20) 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 shall be returned to a natural vegetative state within one
year of completion of operations in that area.
170-7 Enforcement.
The provisions of this Bylaw shall be enforced by the Building Commissioner, the Board of
Health or by the members of the WQRC.
A. Inspection. The Building Commissioner or an agent of the Board of Health or
members of the WQRC may enter upon the premises at any reasonable time to
inspect for compliance with the provisions of this Bylaw. Evidence of compliance
with approved waste disposal plans may be required by the enforcing officers. All
records pertaining to waste disposal and removal shall be retained on the premises.
B. Rescission of Water Quality Certificate. The WQRC reserves the right to rescind a
COC if a violation or non-compliance occurs, requiring the certificate holder to re-
apply for a new certificate.
C. Violations. Written notice of any violations shall be provided to the holder of the
COC, specifying a time for compliance, including cleanup of any spilled materials
which is reasonable in relation to the public health hazard involved and the difficulty
of compliance, but in no event shall more than 30 days be allowed for either
compliance or finalization of a plan for longer term compliance, approved by the
WQRC.
or any other action relative thereto
(Majority Vote Required) (Planning Board)
ZONING BYLAW AMENDMENT / Use Variances
22
ARTICLE NO. 18: 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 X, Administration and
Enforcement, Section 179-52, Variances, by removing the words “including variances for
use” in Paragraph A, so that Paragraph A of Section 179-52 which now reads:
The Board of Appeals may hear and decide appeals or petitions for variances from
the terms of this chapter, including variances for use, with respect to particular land
or structures. Such variance shall be granted only in cases where the Board of
Appeals finds all of the following:
will instead read:
The Board of Appeals may hear and decide appeals or petitions for variances from
the terms of this chapter with respect to particular land or structures. Such variance
shall be granted only in cases where the Board of Appeals finds all of the following:
and further to see if the Town will vote to amend Article X, Administration and
Enforcement, Section 179-52, Variances, by adding Subsection C which will read:
C. No variance may authorize a use or activity not otherwise permitted in the
district in which the land or structures are located, provided however, that such
variance if properly granted prior to the date of the adoption of this section, may be
altered or changed or extended in accordance with the provisions contained in this
section.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ZONING BYLAW AMENDMENT / Affordable Housing
ARTICLE NO. 19: 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 179-42.1, Affordable Accessory Apartments, in its entirety and replacing
it with the following:
§ 179-42.1 Affordable Housing
A. For the purposes of encouraging affordable housing, as defined in Article I,
Section 179-2(B), this Section shall control, subject to the following general
conditions and standards:
B. General Conditions
(1) Affordable housing units created pursuant to this section shall be use-
restricted for as long as they shall exist in accordance with any special
conditions allowed herein. Said restrictions and/or conditions shall be
noted on the occupancy permit and recorded at the Barnstable County
Registry of Deeds. Proof of such recording shall be submitted to the
Zoning Enforcement Official Prior to occupancy.
(2) Affordable housing units shall only be leased to and/or used by
families/individuals meeting one of the categories of qualified persons
as defined in Section 179-2(B), Affordable Housing. Affordable
housing units’ maximum rents shall be governed by the Massachusetts
Department of Housing and Community Development regulations, and
shall not exceed the maximum rent under the then current guidelines.
(3) Affordable housing units shall only be occupied as year-round
residential domiciles. Leases for affordable housing units shall be for a
minimum term of twelve (12) months.
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(4) Affordable housing units shall have an occupancy restriction of two (2)
persons per bedroom, and said restriction shall be noted on the
occupancy permit.
(5) To the extent permitted by law, current employees of the Town of
Brewster and residents of the Town of Brewster shall receive
preference in the selection of tenants for affordable housing units.
(6) Reserved.
(7) Record title holders of property upon which an affordable housing unit
is situated, or will be situated, shall be solely responsible for submitting
all of the information required under this section to the Zoning
Enforcement Official.
(8) Failure to comply with any provision contained in Section 179-42.1
shall constitute a violation under the Zoning Bylaws and shall be
subject to fines and penalties enumerated in Section 179-49, except
that each day a violation is found to exist shall constitute a separate
offense. Any fines rendered as a result of a violation of Section 179-
42.1 shall be deposited in the Brewster Affordable Housing Fund
account for future expenditure towards affordable housing projects
and/or programs.
C. Standards
(1) Affordable Accessory Single Family Dwelling Units (AADU)
a. AADUs created pursuant to this section shall be subject to the
General Conditions noted in Section 179-42.1(B) above.
b. An AADU shall only be permitted upon property occupied by the
record title holder as a year-round principal or accessory
dwelling.
c. One (1) AADU shall be allowed as a matter of right on
residentially zoned lots that exceed the area regulations
contained in Section 179-16, Table 2, by at least twenty-five
percent (25%). One (1) AADU may be allowed by special
permit on a lot with a minimum of 40,000 square feet of area,
but less than one hundred twenty-five percent (125%) of the
minimum lot size contained in Section 179-16, Table 2.
d. AADUs allowed as a matter of right may be situated in, attached
to, or detached from the primary structure, provided that all
frontage, setback, height, and lot coverage requirements are
met.
e. AADUs may be allowed by special permit if : 1.) the lot has an
area of more than 40,000 square feet, but less than 60,000
square feet provided the lot has a structure or structures
existing prior to the enactment of this section, or 2.) the lot is
residentially zoned, has at least one hundred and twenty-five
percent (125%) of the minimum lot size required for the district
in which it is situated, has a structure or structures existing
prior to the enactment of this section, but does not meet the
frontage, set back, height and lot coverage requirements, The
Zoning Board of Appeals may issue a special permit only if it
finds that the requirements for a special permit are met and all
of the General Conditions and Standards of Section 179-42.1
are met.
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f. Unless a permitted “in-law apartment” or affordable accessory
apartment, or a legally pre-existing non-conforming apartment
existed upon the property prior to the enactment of this section,
no AADU shall exceed the number of bedrooms or area limit
allowed for in the definition of AADU contained in §179-2.
g. AADUs shall have at least one (1) but not more than three (3)
designated parking spaces.
h. No AADU shall be sold (in condominium ownership form)
separate and apart from the principal structure to which it is an
accessory use, unless it has been in use for a period of fifteen
(15) consecutive years and the Zoning Board of Appeals grants
a special permit allowing the AADU to be sold as a separate unit
with the condition that it remain an affordable single-family
dwelling unit in perpetuity.
(2) Affordable Accessory Commercial Dwelling Units (AACDU)
a. AACDUs created pursuant to this section shall be subject to the
General Conditions noted in Section 179-42.1(B) above.
b. AACDUs shall only be permitted where the owner of the
property resides in the Town of Brewster or where a property
manager responsible for the management of the AACDU resides
in the Town of Brewster.
c. One (1) AACDU shall be allowed as a matter of right as an
accessory use for each Commercial, Industrial, or Business
zoned lot, provided that such lot meets the requirements of
Table 2 and Table 3 of Article V, Area and Bulk Regulations.
d. A Commercial, Industrial, Business zoned lot which does not
meet the requirements of Table 2 and Table 3 of Article V, Area
and Bulk Regulations, may be allowed one (1) or more AACDU
by special permit provided that the Special Permit Granting
Authority finds that the requirements for a special permit are
met and all of the General Conditions and Standards of Section
179-42.1 are met.
e. Unless otherwise granted by special permit, AACDUs shall only
be situated within, above, or attached to the principal structure
to which it is an accessory use.
f. Unless a legally pre-existing non-conforming apartment existed
upon the property prior to the enactment of this section, no
new AACDU shall exceed the number of bedrooms or area limit
provided in Section 179-42.1.
g. AACDUs shall have a minimum of one (1) designated parking
space.
h. No AACDU shall be sold (in condominium form of ownership)
separate or apart from the principal structure to which it is an
accessory use.
(3) Affordable Multifamily Dwelling Units (AMDU)
a. Reserved.
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and to further see if the Town will vote to amend the Code of the Town of Brewster,
Chapter 179, also known as the Zoning Bylaws, Article IV, Use Regulations, Section 179-11,
Table 1, “Use Regulations”, Lines 3.1 and 3.2 under “Residential” uses, by deleting Lines
3.1 and 3.2, which currently read:
RR RL RM CH VB I MRD PWSCF
3.1 1-family dwelling with an accessory apartment S S S
3.2 Affordable Accessory Apartment S S S S S -- -- --
and replacing that wording with the following:
RR RL RM CH VB I MRD PWSCF
3.1 Affordable Accessory Dwelling Units P P P P P P -- --
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ZONING BYLAW AMENDMENT / Affordable Housing Definitions
ARTICLE NO. 20: 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 I, General Provisions,
Section 179-2, Definitions, Subparagraph B by deleting the current definition of “Affordable
Accessory Apartment” in its entirety and replacing it with new definitions entitled
“Affordable Housing,” “Affordable Accessory Dwelling Units,” “Affordable Accessory
Commercial Dwelling Units,” and “Affordable Multi-Family Dwelling Units” so that the
definition of Affordable Accessory Apartment which currently reads:
AFFORDABLE ACCESSORY APARTMENT - A dwelling unit, controlled by a use
restriction, recorded at the Barnstable County Registry of Deeds for affordability as
defined in the Affordable Accessory Apartment Bylaw, and allowed by special permit
duly authorized by the Zoning Board of Appeals in accordance with § 179-42.1
will be replaced with the following:
AFFORDABLE HOUSING – A dwelling unit, controlled by a use-restriction in
accordance with § 179-42.1, the Affordable Housing Bylaw, and occupied by
individuals falling into one of the following categories:
(1) Immediate family members of the record owner of the dwelling unit,
for example a son, daughter, mother, father, or grandparent.
(2) Individuals with low or moderate income levels as provided in the
Massachusetts Department of Housing and Community Development
(DHCD) regulations and verified by the Brewster Housing Authority or
other DHCD approved agency.
AFFORDABLE ACCESSORY SINGLE-FAMILY DWELLING UNIT (AASDU) – Affordable
housing, either attached or detached, as an accessory use to a single-family
dwelling. It shall have a maximum of two (2) bedrooms and a maximum of nine
hundred (900) square feet of area.
AFFORDABLE ACCESSORY COMMERCIAL DWELLING UNIT (AACDU) - Affordable
housing as an accessory use in a commercial district. It shall have a maximum of
one (1) bedroom and a maximum of six hundred (600) square feet of area.
AFFORDABLE MULTI-FAMILY DWELLING UNITS (AMDU) – More than two (2) but no
more than four (4) affordable housing units within a building unit. Each affordable
housing unit shall have a maximum of two (2) bedrooms and a maximum of nine
hundred (900) square feet of area.
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or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ZONING BYLAW AMENDMENT / Home Occupations
ARTICLE NO. 21: 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 current 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, not
in any manner changing the residential character of the building.
and replacing it with the following definition:
HOME OCCUPATION — Use of a dwelling unit accessory building by its resident(s)
for employment purposes involving the manufacture, provision or sale of goods
and/or services which are clearly incidental and subordinate to its use for residential
purposes. Said use must meet the following criteria:
A. The home occupation shall be owned and operated by the resident(s) of the
premises.
B. Non-family members shall not be employed on the premises.
C. Absent a special permit pursuant to § 179-37(G), the home occupation must take
place within a structure and lot that conforms to the Brewster Zoning Bylaw.
D. The home occupation is one of the following:
(1) Retail sales of products produced, grown or crafted by the resident(s) of the
premises;
(2) Professional services.
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. A home occupation is allowed provided that not more than 400 square feet shall be
used in the conduct of any or all home occupations. The area devoted to home
occupations may be allocated between the dwelling unit and an accessory building
located on the same lot as the dwelling unit, but in no case shall the total floor area
of the home occupation exceed 400 square feet.
B. The owner / operator of a home occupations shall file with the Building Department
by June 1 of every year, a statement signed by the owner of the premises as
follows: “I (name of owner) whose address is (address
of owner) affirm under the pains and penalties of perjury that I operate a home
occupation permitted by the Zoning Bylaw at the above noted location and said
operation utilizes no more than 400 square feet, as defined. “ (dated
signature of owner).
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C. There shall be no change in the outside appearance of the premises, or any other
visible evidence of such home occupation other than one non illuminated sign, not
exceeding two square feet in area. All home occupations conducted therein must be
inscribed or displayed, if at all, on the one sign of 2 foot square or smaller size.
There shall be no exterior storage of material or equipment. No trading in
merchandise may be conducted except for products made on the premises and
other items customarily maintained in connection with, and incidental to, such
merchandise.
D. No equipment or process shall be used in a home occupation which creates noise,
vibration, flare, fumes, odors or electrical interferences, detectable to the normal
senses off the lot. In the case of electrical interference, no equipment or process
shall be used which creates visual or audible interference in any radio or television
receivers off the premises.
E. No traffic shall be generated by a home occupation in greater volume than would
normally be expected in that residential neighborhood, nor which jeopardizes the
traffic safety of that neighborhood. The home occupation may increase parking by
no more than two additional vehicles at a time, and said parking shall be off the
street but not in a front yard or within five feet of any side or rear property line.
F. No persons, other than family residents, may be regularly employed on the premises
in connection with such home occupations.
G. A special permit, pursuant to the terms and conditions of § 179-51 and as otherwise
conditioned by the Planning Board, shall be required for certain home occupations
and on certain lots as follows:
(1) Any home occupation which otherwise meets the applicable provisions of § 179-
37, except that it utilizes a lot which does not conform to the minimum lot
dimensional requirements;
(2) Reserved.
H. In addition to the terms and conditions imposed by § 179-51, the Planning Board
may impose terms and conditions on the use and activities of a Home Occupation
including limitations that minimize the impact of the Home Occupation on abutting
or nearby properties, including but not limited to: hours of operation, parking,
ingress and egress, lighting, security, landscaping, trash disposal, fencing and the
cumulative impacts of existing or potential Home Occupations in the immediate
and/or proximate neighborhoods.
I. All home occupations existing on November 5, 2007, must register by November 5,
2008, in order to be exempt from this Section.
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
ZONING BYLAW AMENDMENT / Earthmoving, Earth Removal and Excavations
ARTICLE NO. 22: 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,
Section 179-39, Earth removal and excavation, by deleting it in its entirety and replacing it
28
with Section 179-39, “Earthmoving, Earth Removal and Excavation” which shall read as
follows:
§ 179-39 Earthmoving, Earth Removal and Excavation
A. Except where such activity is clearly incidental to the development of a site for a
building or street or active cranberry bog 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 earth shall be moved from any area where
the amount of earth moved is 1,000 cubic yards or more within any two-year period
unless authorized by a special permit by the Planning Board.
B. In no case shall the Board issue a special permit for moving a greater amount of
earth than the Board deems necessary for the purpose stated in the special permit
application.
C. After the effective date of this Section, no special permit shall be issued for a new
earthmoving operation within any lands within the Groundwater Protection Area.
D. Definitions. As used in this section, the following terms shall have the meanings
indicated below. The word “shall” or “will” indicated mandatory requirements.
Terms and words not defined herein but defined in the Brewster Town Code,
Chapter 179, Zoning, shall have the meanings given therein unless a contrary
intention clearly appears. Words not defined in either place shall have the meanings
given in the then most current edition of the Webster’s Unabridged Dictionary.
BOARD — Shall mean the Planning Board.
EARTH — Shall include, but not be limited to, soil, sand, clay, gravel and rock.
EARTHMOVING — Shall mean mining, stripping, quarrying, filling, digging or blasting
of earth and its transportation on or off the site.
NEW EARTHMOVING – Shall mean any earthmoving, mining, quarrying, filling,
digging, or blasting of earth or bed rock, in or on parcels which prior to September
25, 2007 had not been legally subjected to this type of activity. Such Parcels,
whether under common ownership with parcels where Earthmoving activity is
ongoing or abutting parcels where Earthmoving activity is ongoing shall be subject
to this definition and any attempted effort to expunge lot lines to consolidate an
Earthmoving parcel with a New Earthmoving parcel shall be prohibited.
E. Procedures; plan information.
1. Each application for a special permit for earthmoving shall be subject to the
procedures as required by §179-51 of the Zoning Bylaw, as amended.
2. Each application for a special permit for earthmoving shall be accompanied by
a plan, showing the premises in sufficient detail to describe the proposed
operation and including the following:
(a) 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 applicant’s 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, 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 drawn to a twenty-foot
or forty-foot scale;
(d) Proposed final topography of the site in two-foot contours drawn to a
twenty-foot or forty-foot scale;
(e) Elevation of the seasonal high groundwater table and the historical
high groundwater table;
(f) Location and manner in which all cover material is to be stored;
29
(g) Estimated quantity of material to be removed and topsoil to be
replaced and the method to be used, verified by a registered
Massachusetts land surveyor or professional civil engineer;
(h) Reclamation plan, showing the following information drawn to a
twenty-foot or forty-foot scale:
(i) Final grades and elevations;
(ii) Location, types and amounts of vegetation to be planted;
(iii) Drainage plans, swales and berms as may be applicable;
(iv) Location of any structures that are to remain;
(v) The form of performance guaranty to be used and the name
and address of the guarantor.
(i) Specific details as to where debris, including but not limited to tree
stumps, shall be disposed of;
(j) A road map shall be provided indicating the routes to be used to
transport the earth removed, including any driveways to and from the
subject property. Not more than one entrance and one exit from a
way, public or private, shall be provided to any area of operation.
Access points shall be located in such a way so as to avoid routing of
vehicles over developed residential streets;
(k) Fences must show that the property is completely fenced and access is
restricted.
F. Permit limitations. No special permit for earthmoving shall be issued for a period of
more than two (2) years, although such a special permit may be renewed for
additional two (2) year periods in the same manner. Where the request covers a
parcel of land greater than one (1) acre, a special permit may be granted for a
specific part of the whole, not to exceed five contiguous acres. Approval of
additional areas shall be contingent upon the satisfactory completion and
reclamation of each previous section except on such abutting portions as the Board
deems necessary for continuity of said earthmoving operation. Work of any sort
connected with earthmoving shall not be performed on more than one phase area at
a time. Lots under common ownership shall not be consolidated by expunging lot
lines to expand operational rights.
G. Each special permit shall be subject to, but not limited to, the following restrictions
where applicable:
1. 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;
2. For earthmoving operations, border buffer strips, in which natural vegetation
and soil are undisturbed, shall 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
earthmoving operation, and for a width of at least 200 feet from all abutting
property lines unless written consent of the abutting property owner has been
received by the Board;
3. 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 property line to muffle objectionable noise or vibration and to act as a
visual screen from adjacent properties or ways;
4. The depth of any excavation shall be limited to a plane that is at least 20 feet
above the historical high groundwater level for that location, unless the
purpose is to create a pond or active cranberry bog;
5. Provisions shall 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;
6. Only uses allowed in the special permit shall take place on the subject
premises;
7. 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 or deposited on the subject
premises during the period of the special permit except topsoil and living
30
plant material for reclamation use, unless specifically allowed by special
permit;
8. 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. These boundary markers shall be maintained at
all times during the time period of original and any renewed special permits;
9. 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 as-built plan;
10. No earthmoving or related operations which might disturb Brewster residents
shall take place except between 8:00 a.m. and 5:00 p.m. Monday through
Friday and 8:00 a.m. and 12:00 noon on Saturdays and in no case on a legal
federal holiday or Sunday. Included among related operations are the starting
of engines either for vehicles or machinery, loading and unloading of trucks,
and preparations for commencing work which are plainly audible at a distance
of 150 feet from the property from which the noise originates;
11. The subject property shall be kept free of any debris including tree stumps.
No debris generated on site shall be buried or otherwise disposed of without
the prior written consent of the Board of Health or its agent. For the purposes
of this paragraph, debris is not included in the definition of "earth" above;
12. The applicant and property owner agree by acceptance of the special permit
to allow the Planning Board or its 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;
13. The applicant for a special permit shall reimburse the Town of Brewster for
actual costs incurred in evaluation services, in advance, to monitor operations
on site should these services become necessary as determined by the Board;
14. The Board must be notified of any transfer of ownership or legal interest or
change in contractual interest in the subject property, including the
earthmoving 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;
15. The reclamation plan of the altered land shall be performed in the following
manner:
(a) The slope of the finished banks shall not exceed one foot in depth for
every three feet of horizontal distance;
(b) At least four inches of topsoil shall be placed or remain over the
subsoil;
(c) 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;
(d) The Board may allow a portion of a specific phase to be reclaimed at a
later specific date for purposes of starting work in an adjacent phase
or for purposes of interior roadways. However, these areas must be
shown on the submitted site plans.
H. Security. To ensure compliance with the conditions of the special permit the
applicant shall be required to post cash deposit or surety bond, in a form acceptable
to the Town Treasurer, in an amount sufficient to meet 115% of the estimated cost
of the required reclamation work. Within six months of the completion of the
operation, or following the expiration or withdrawal of the special permit, 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
I. Renewal. Any special permit issued may only be renewed thereafter with a public
hearing legally advertised in accordance with G.L. c.40A, s.9. Applications for
31
renewal must be made 90 days or more before expiration of the current valid special
permit expires. Renewal, if granted, shall start 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.
J. Denial of permit. No special permit for earthmoving shall be issued if:
1. Such removal will endanger public health or safety or constitute a nuisance or
shall result in detriment to the normal use of adjacent property by reason of
noise, dust or vibration;
2. The work extends within 100 feet of a way open to public use, whether public
or private;
3. There is insufficient vegetative barrier to remain on the property upon
completion of the project to prevent view of this project from a way; and/or
4. Any earthmoving activity in Brewster shall cease unless such earthmoving
activity lawfully exists prior to the effective date of this Section and said
earthmoving activities comply with the requirements of Section 179-61
(Performance Standards) and any additional conditions imposed by the Board
pursuant to Section 179-39, et.seq.
and to further see if the Town will vote to amend Article IV, Use Regulations, Section 197-
11, Table 1, “Use Regulations”, Lines 1, 2 and 3 under “Wholesale and Manufacturing”
uses, by deleting Lines 1, 2, and 3 which currently read:
R-R R-L R-M C-H V-B I MRD PWS-CF
1.Removal of sand, gravel, S S S -- -- P -- --
quarry or other new material
(See § 179-39)
2. Processing and treating of mixed -- -- -- -- -- P -- --
and quarried raw materials, including
operations appurtenant to the taking,
grading, drying, sorting, crushing,
grinding and milling operations
3. Excavations of sand and gravel S S S -- -- P -- --
(See § 179-39)
and replacing them with the following:
R-R R-L R-M C-H V-B I MRD PWS-CF
1.Removal of sand, gravel, -- -- -- -- -- S S --
quarry or other new material
(See § 179-39)
2. Processing and treating of mixed -- -- -- -- -- S S --
and quarried raw materials, including
operations appurtenant to excavating,
grading, drying, sorting, crushing,
grinding or milling of earth or earth
products
3. Excavations of sand and gravel -- -- -- -- -- S S --
(See § 179-39)
or to take any other action relative thereto
(Two-Thirds Vote Required) (Planning Board)
LAND ACQUISITION / Community Preservation Act
ARTICLE NO. 23: To see if the Town will vote to authorize the Board of Selectmen
to acquire a parcel of land designated on Brewster Assessors’ Map 20 as Parcel 23, located
32
on Pine Hills Drive in Brewster, Barnstable County, Massachusetts, consisting of nine and
84/100 (9.84 ac.) acres, more or less, and more accurately described in a deed recorded in
the Barnstable County Registry of Deeds in Deed Book 10462, Page 217, and on a plan of
land entitled, “Preliminary Subdivision of Land in Brewster made for Sarah Stranahan by
Slade Associates, August 17, 2006,” a copy of which is on file with the Brewster Town
Clerk, together with a right of way over Pine Hills Drive and Edwards Drive to Main Street;
to acquire said parcel by gift, purchase and/or eminent domain taking under Massachusetts
General Laws, Chapter 79, or any other enabling authority; to acquire said land for open
space, watershed protection, conservation and passive recreation purposes for the general
public, consistent with the provisions of Mass. Gen. Laws, ch. 40, §8C, 310 C.M.R. 22.00,
and Article 97 of the Amendments to the Constitution of the Commonwealth of
Massachusetts; to appropriate the sum of ONE MILLION TWO HUNDRED THOUSAND
AND 00/100 ($1,200,000.00) DOLLARS to pay costs of this acquisition, and all other
costs incidental and related thereto; to authorize the Town Treasurer, with the approval of
the Board of Selectmen, to borrow up to the sum of ONE MILLION TWO HUNDRED
THOUSAND AND 00/100 ($1,200,000.00) DOLLARS in anticipation of revenue and
grant receipts pursuant to the provisions of Chapter 149, §298 of the Acts of 2004, as
amended by Chapter 352, §§129-133 of the Acts of 2004, the so-called Barnstable County
Community Preservation Act, and/or to borrow money pursuant to the provisions of
Massachusetts General Laws, Chapter 44, Section 7(3) and Section 8C, and/or any other
enabling authority, and to issue bonds and/or notes of the Town therefor; to authorize the
Town Treasurer to transfer from available sums the sum of FIFTEEN THOUSAND
($15,000.00) DOLLARS for the purpose of paying incidental and related costs, including
costs for grant funding applications and grant compliance, and the preparation, issuance
and marketing of notes and bonds issued hereunder and for paying interest on temporary
notes issued in anticipation thereof; to authorize the Board of Selectmen and the
Conservation Commission to apply for, accept and expend any funds which may be
provided by the Commonwealth or other public or private sources to defray a portion or all
of the costs of acquiring this property, including but not limited to funding under the Self-
Help Act, General Laws, Chapter 132A, Section 11, and/or the Federal Land & Water
Conservation Fund, P.L. 88-568, 78 Stat 897, provided that the amount of notes or bonds
issued hereunder shall be reduced by the amount of any such grants received or funds
accepted prior to the sale of such notes or bonds, and further provided that any such sums
from non-municipal sources shall be deposited in the open space account of the
Community Preservation Fund; to authorize the Board of Selectmen to grant to the
Trustees of the Brewster Conservation Trust, for consideration of FIFTY THOUSAND
($50,000.00) DOLLARS, a perpetual Conservation Restriction on said premises pursuant
to the provisions of General Laws, Chapter 184, Sections 31 through 33, allowing the
aforementioned uses; to authorize the Conservation Commission to assume the care,
custody, control and management of the property; and to authorize the Board of
Selectmen and Conservation Commission to enter into all agreements and execute any and
all instruments as may be necessary on behalf of the municipality to effect this purchase
and obtain reimbursement funding; or to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
LAND ACQUISITION / Community Preservation Act
ARTICLE NO. 24: To see if the Town will vote to act upon the
recommendations of the Community Preservation Committee and authorize the Board
of Selectmen to acquire a parcel of land designated on Brewster Assessors’ Map 47 as
Parcel 29, located off Long Pond Road in Brewster, Barnstable County, Massachusetts,
consisting of 5 acres, more or less, and more accurately described in a deed recorded
in the Barnstable County Registry of Deeds in Deed Book 10,521, Page 74; to acquire
said parcel by gift, purchase and/or eminent domain taking under Massachusetts
General Laws, Chapter 79, or any other enabling authority; to acquire said land for
open space, watershed protection, conservation and passive recreation purposes for
the general public, consistent with the provisions of Mass. Gen. Laws, ch. 40, §8C, 310
C.M.R. 22.00, and Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts; to appropriate a sum of money to pay costs of this
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acquisition, and all other costs incidental and related thereto; to authorize the Town
Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money in
anticipation of revenue and grant receipts pursuant to the provisions of Chapter 149,
§298 of the Acts of 2004, as amended by Chapter 352, §§129-133 of the Acts of 2004,
the so-called Barnstable County Community Preservation Act, and/or to borrow money
pursuant to the provisions of Massachusetts General Laws, Chapter 44, Section 7(3)
and Section 8C, and/or any other enabling authority, and to issue bonds and/or notes
of the Town therefor; to authorize the Town Treasurer to transfer from available sums
a sum of money for the purpose of paying incidental and related costs, including grant
funding applications, grant compliance fees, costs for the preparation, issuance and
marketing of notes and bonds issued hereunder and for paying interest on temporary
notes issued in anticipation thereof; to authorize the Board of Selectmen and the
Conservation Commission to apply for, accept and expend any funds which may be
provided by the Commonwealth or other public or private sources to defray a portion
or all of the costs of acquiring this property, including but not limited to funding under
the Massachusetts Executive Office of Environmental Affairs Drinking Water Supply
Protection Grant Program, provided that the amount of notes or bonds issued
hereunder shall be reduced by the amount of any such grants received or funds
accepted prior to the sale of such notes or bonds; to authorize the Board of Selectmen
to grant to the Trustees of the Brewster Conservation Trust, for no consideration, a
perpetual Conservation Restriction on said premises pursuant to the provisions of
General Laws, Chapter 184, Sections 31 through 33, allowing the aforementioned
uses; to give the care, custody, control and management of the property to the
Conservation Commission; and to authorize the Board of Selectmen and Conservation
Commission to enter into all agreements and execute any and all instruments as may
be necessary on behalf of the municipality to effect this purchase and obtain
reimbursement funding; or to take any other action relative thereto.
(Two-thirds Vote Required) (Community Preservation Committee)
PENSION FUND
ARTICLE NO. 25 To see if the Town will vote to transfer from available funds a
sum of money to add to the Pension Fund, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
STABILIZATION FUND
ARTICLE NO. 26: 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)
ANY OTHER BUSINESS
ARTICLE NO. 27: To act on any other business that may legally come before this
meeting.
(Majority Vote Required) (Board of Selectmen)
And you are hereby directed to serve this Warrant with your doings thereon to the
Town Clerk at the time and place of said meeting as aforesaid.
Given under our hand and Seal of the Town of Brewster affixed this __th day of
October, 2007.
Edward S. Lewis, Chairman
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James R. Ehrhart, Vice-Chairman
Peter G. Norton, Clerk
James W. Foley
Dyanne F. Cooney
I, Roland W. Bassett, duly qualified Constable for the Town of Brewster, hereby
certify that I served the Warrant for the Special Town Meeting of November 5, 2007 by
posting attested copies thereof, in the following locations in the Town on the
day of October__, 2007:
Brewster Town Offices Brewster Farms
Brewster Ladies Library Brewster Pizza House
The Brewster Store Millstone Liquors
United States Post Office
Roland W. Bassett, Constable