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HomeMy Public PortalAbout2003-11-17 Special Town Mtg ReportReport of the FALL TOWN MEETING November 17,2003 In accordance the with the Warrant, the Fall Town Meeting was held in the Stonybrook Elementary School Cafetorium, Monday, November 17, 2003. The Meeting was called to order at 7:00 p.m. by the Moderator, Stephen L. Doyle. The tellers were, Ann Golini, Nancy Berbrick, Dorothy Leone, Jane Nixon, Maureen Steinmann, Mitzi Unger, John Unger, Joan Mitchell, and Gerry Tursi.The Counters were, June Gallant, Ken Berbrick, Sheila Gerhardt, Ruth Hanlon, Jean Gage and A quorum was present The Town Clerk, Joanna Krauss, read the Fall Town Meeting warrant and the return of the warrant. Ther being no objection, the Moderator dispensed with the reading of all the articles. UNPAID BILLS ARTICLE NO. 1: To see if the Town will vote to transfer from available funds the sum of SEVEN THOUSAND EIGHT AND 00/100 ($7,008.00) DOLLARS to pay the following unpaid bills incurred but unpaid during a previous fiscal year: a. Mobile Fire $324.00 b. Orleans Medical Center $753.00 c. NAPA Auto Parts $64.43 d. Condor Press $18.67 e. Cape Cod Oil $5,369.37 f. Best Supply Company $478.00 Total $7,007.47 or to take any other action relative thereto. (Nine-Tenths Vote Required) (Board of Selectmen) SUMMARY This article will authorize the payment of several outstanding bills from a previous fiscal year. These invoices were received after the close of the Fiscal Year 2003’s accounting cycle. According to Massachusetts General Laws a town cannot pay a bill from a previous fiscal year with the current year’s appropriation. Therefore, town meeting authorization is required. Motion: I move that the town vote to approve article no. 1 as printed in the warrant and transfer the sum of $5,867.00 from Free Cash and $1,141.00 from the Ambulance Receipts Reserved for Appropriation account for these purposes. Action: Adopted 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 during the current fiscal year to pay shortfalls that would otherwise exist in the Fiscal Year 2004 budget of other departments, as follows: a. Transfer the sum of $20,500.00 from the Ambulance Receipts Reserved for Appropriation Account to Line Item No. 26 (Fire Department Expenses) of Article No. 5 of the 2003 Annual Town Meeting, b. Transfer the sum of $18,800.00 from Free Cash to Line Item No. 21 (Retirement/Pension account) of Article No. 5 of the 2003 Annual Town Meeting, c. Transfer the sum of $13,500.00 from Line Item No. 31 (DPW / Wages) to Line Item No. 31 (DPW / Road Machinery account), both within Article No. 5 of the 2003 Annual Town Meeting, d. Transfer the sum of $4,200.00 from Free Cash to Line Item No. 35 (Council on Aging Expenses) of Article No. 5 of the 2003 Annual Town Meeting, e. Transfer the sum of $2,200.00 from Line Item No. 31 (DPW / Wages) to Line Item No. 14 (Vehicle Pool Maintenance account), both within Article No. 5 of the 2003 Annual Town Meeting, f. Transfer the sum of $2,500.00 from Line Item No. 28 (Natural Resources and Conservation Wages) to Line Item No. 4 (Town Administrator’s Staff Wages), both within Article No. 5 of the 2003 Annual Town Meeting, g. Transfer the sum of $500.00 from Line Item No. 28 (Natural Resources and Conservation Wages to Line Item No. 34 (Board of Health Expenses), both within Article No. 5 of the 2003 Annual Town Meeting, h. Transfer the sum of $2,100.00 from Free Cash to Line Item No. 16 (COA Building Expenses) of Article No. 5 of the 2003 Annual Town Meeting, i. Transfer the sum of $42,980.00 from Free Cash to the Elementary School Department Budget of Article No. 4 of the 2003 Annual Town Meeting, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY This article would authorize the transfer of surplus funds appropriated for certain departmental budgets and accounts for Fiscal Year 2004 to other accounts, which have experienced problems and are running shortfalls. Motion: I move that the town vote to approve article no. 2 and transfer the total sum of $107,280.00 as printed in the warrant for these purposes. Action: Adopted Unanimously REPAIR AND RESURFACE TOWN ROADS/CHAPTER 90 FUNDS ARTICLE NO. 3: To see if the Town will vote to transfer from available funds the sum of ONE HUNDRED SIXTY-FIVE THOUSAND FIVE HUNDRED NINETEEN AND 00/100 ($165,519.00) DOLLARS as provided under Chapter 90 of the Massachusetts General Laws for local roads and highways, said funds shall be expended under the direction of the Board of Selectmen, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY All communities receive an annual proportionate share of gasoline tax revenues, which are collected and distributed by the Commonwealth of Massachusetts. These funds must be used to finance repair costs for eligible roadway construction projects. The town is required to appropriate these monies as an available fund, and is then reimbursed by the state upon the completion of the project and payment to the vendor. Motions: I move that the town vote to approve article no. 3 as printed in the warrant and transfer the sum of $165,519.00 from available funds for this purpose. Actions: Adopted Unanimously CAPITAL EXPENDITURES ARTICLE NO. 4: To see if the Town will vote to transfer from available funds a sum of money for the purpose of funding the following capital acquisitions and expenditures to be undertaken during Fiscal Year 2004 and to authorize the Town Administrator to sell, trade, lease, exchange or otherwise dispose of, in the best interests of the Town, old equipment or vehicles deemed available, the proceeds from any such disposition to be applied toward the cost of acquiring new equipment or services as the case may be: TRANSFER FROM AVAILABLE ITEM DEPARTMENT FUNDS 1 Department of Public Works a. Drainage/Road Maintenance $70,000.00 b. Cemetery Improvement Project $10,000.00 c. Light Dump Truck $45,000.00 d. Solid Waste Road Tractor $85,000.00 e. Landfill Groundwater Monitoring $5,000.00 2 Fire Department a. Shelter for Breaker Equipment $5,000.00 b. Ambulance Replacement $140,000.00 3 Golf Department a. Driving Range Reconstruction $30,000.00 b. Pick-up Truck Replacement $25,000.00 4 Board of Selectmen a. Town Hall Repairs $25,000.00 5 Elementary School Department a. Eddy School Painting Project $15,000.00 b. Technology Equipment $27,152.00 c. Stonybrook School Renovation Project $800,000.00 6 Water Department a. Construction Account $100,000.00 b. Pick-up Truck Replacement $30,000.00 c. Service Van Replacement $21,000.00 d. Meter Reading Equipment $7,500.00 e. Lime Pump Replacement (3) $12,000.00 f. Hazmat/Safety Materials – Treatment Plant $6,200.00 g. Pump Motor Repair $6,000.00 h. Technology Equipment $5,700.00 i. Facility Needs Assessment $15,000.00 j. Commerce Park Site Improvements $9,000.00 7 Natural Resources a. Land Management for Conservation Lands $9,200.00 Grand-Total $1,503,752.00 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) SUMMARIES 1. DEPARTMENT OF PUBLIC WORKS 1a. Drainage/Road Maintenance - This item will provide limited funding to augment our apportioned share of the state’s gas tax revenues to carry out road drainage, paving and maintenance activities on roads throughout the town. 1b. Cemetery Improvement Project – The Cemetery Commissioners would like to undertake a multi-year program to begin the task of repairing and restoring the cemetery head-stones at many of the ancient cemeteries throughout the community. 1c. Light Dump Truck - This vehicle is a 1995 Ford F350 one-ton dump truck with 61,000 miles of service. It is a front line, critical piece of equipment for the operation of the department. This unit is actively used 12 months per year by the department. This unit function quite effectively for our landscaping operation, towing a trailer with appropriate mowing equipment and maintenance supplies. During the winter months this vehicle is equipped with a plow and sander for snow removal and sanding operations. Essentially it is the winter snow removal function that causes us to recommend the replacement of this unit. The harsh winter environment is most demanding on this type of equipment. It is imperative that this unit is ready to do this important job when called upon. Vehicle breakdowns have a debilitating impact on our ability to maintain safe passage in the middle of a snow & ice event. Maintenance costs are beginning to escalate on this nine-year-old piece of equipment and it is felt that further investment is not a prudent course of action. 1d. Solid Waste Road Tractor – This unit is a Autocar tandem axle road tractor that was originally purchased in 1989 when the landfill was closed and the town began transporting the bulk of our solid waste to the resource recovery facility in Rochester, MA. This unit has 360,000 miles of service. This equipment operates throughout the year and is particularly heavily utilized during the summer period when our population levels increase from approximately 10,000 to 25,000 people. The engine was overhauled at 300,000 miles at the cost of $10,000, and the transmission was re-built at an additional cost of approximately $13,000. This unit had originally been scheduled for replacement in FY2001, however it has been postponed several times. We project that future repairs, as indicate by our vehicle maintenance schedule, will include the replacement of the rear suspension system ($6,000), break system replacement ($3,000) and hydraulic pump and valves at ($3,000). Industrial publications indicate that this equipment has a market value of approximately $10,000 to $15,000. When a vehicle reaches the current level of service and is subject to the demands of hauling these daily weights rear end gears, carrier bearings and housing start to fail. The department recommends replacement while this tractor still holds some trade-in value. Hauling tonnage and the related volume of trash have increased significantly over the past few years and a reliable vehicle is an operational necessity for servicing the daily needs of transfer station. 1e. Landfill Groundwater Monitoring – These funds will be used to contract for professional services to collect, analysis and prepare a groundwater-monitoring report as is required by the Commonwealth of Massachusetts 2. FIRE DEPARTMENT 2a. Shelter for Breaker Equipment – The department has a new $125,000 vehicle with equipment on it that is currently stored outside, exposed to the weather. Some damage is already evident to the vehicle. A tent-like shelter is proposed. This will provide some protection for the vehicle and equipment, preserving its useful life. It will also improve response capabilities in poor weather conditions. 2b. Ambulance Replacement - The department’s current unit was originally acquired in 1995 and has over 129,000 miles of service and is beginning to become costly to maintain. 3. GOLF DEPARTMENT 3a. Driving Range Reconstruction - The Captains Golf Course’s driving range has a number of operational problems, as follows: • The severe slope conditions make mowing both dangerous and time-consuming. • The severe topography on the driving range causes drainage and erosion problems. These conditions create difficulties and challenges in picking up the used golf balls. • These factors create a negative visual appearance, which impacts the popularity of the driving range facility. This redesign plan would create a more uniform range area, which would reduce the maintenance commitment, improve the ball retrieval process, resolve safety concerns and improve the visual experience for consumers. Town meeting did appropriate the sum of $70,000 in May of 2003 for this project; however, further evaluation indicates that addition funding will be required to successfully carryout this project. 3b. Pick-up Truck Replacement—In Fiscal Year 2001 the Golf Department transferred a 4-wheel drive pick-up truck to the Natural Resources Department. In turn, the Water Department transferred a used vehicle to the Golf Department. The truck was in poor condition at that time and the department has expended approximately $1,500 to date for various repairs. We estimate that an additional $9,500, exclusive of labor costs, will have to be committed on this 1992 vehicle with over 100,000 of service, in order to make it a useful and safe vehicle. In its current state this vehicle is not reliable. The Golf Department feels that this investment is not economical and recommends a replacement. 4. BOARD OF SELECTMEN 4a. Town Hall Repairs – This item would allow for additional funding to continue with the repair of the Town Hall building. These monies will be utilized to make additional repairs to the interior of the building, primarily in the various restrooms throughout the facility. 5. ELEMENTARY SCHOOL DEPARTMENT 5a. Eddy School Painting Project - This is a routine annual maintenance project that was deferred until November at the request of the Board of Selectmen. 5b. Technology Equipment—This money would be used to purchase sixteen laptop computers and printers. 5c. Stonybrook School Renovation Project – The Phase III plan will focus on all work below the roof line on the original school structure. This project will include the following components: • Remove the asbestos shingles on the exterior walls • Install new cedar shingles on these same walls • Replace thirty year old damaged windows • Change ground grades near foundation to improve drainage • Reconstruct canopy entrances • Repair downspouts and drainage from the building The sum of $800,000 is being requested at the 2003 Fall Town Meeting. If funding is available and approved, the Phase III project would ideally go out to bid in late winter and construction will commence in the spring of 2004. The town/school would have to go through a designer review process in order to select an architect. 6. WATER DEPARTMENT 6a. Construction Account – This item represents an annual appropriation for goods, materials and services utilized to maintain and repair the water system. It also includes funding for water meters for new services and replacements required under state regulation. This account is part of the department’s capital plan and is provided for within the present water rate structure. 6b. Pick-up Truck Replacement – This 1994 truck is on the 2005 Capital Plan, however the Water Department feels that it should be replaced prior to November of 2004. The request would allow for the replacement of the current 4 x 2 vehicle, with a new 4 x 4 unit. The new truck will also be fitted with a snowplow for general town and departmental use. 6c. Service Van Replacement – The current ½ ton 1993 E-150 Ford van has proved to be inadequate to meet the operational needs of the Department and will be replaced with a heavy duty ¾ ton van. This equipment is currently included on the capital plan and will neither raise real estate taxes or water taxes. 6d. Meter Reading Equipment – The system currently utilized by the department has become obsolete due to a corporate merger of two competitors in the water and gas-metering reading industry. The new reading equipment will augment existing equipment for the new remote reading meter equipment. 6e. Lime Pump Replacement (3 units) – The current pumps have been in service for more than 13 years and need to be of overhauled. The current equipment is obsolete, and parts are getting rather difficult to locate. New equipment will be more cost effective to install and will be less expensive to operate and maintain. 6f. Hazmat/Safety Materials–Treatment Plant – This request will be used to acquire safety shielding, which will be located in front of the chemical containment area. The goal is to protect workers from hazardous materials chemical spill incident at the treatment plant. These funds will also provide for ladder extensions for safe entry and exit from the sludge basins/backwash supply wells and additional personnel barriers for the hatch openings on the main floor level. 6g. Pump Motor Repair – A serious motor failure caused by a wire short has created the need for the replacement of a 100 HP unit. This problem has depleted the operating, repair and maintenance budget account. Replacement funds are necessary in order to pay for the department’s required annual preventative maintenance program. 6h. Technology Equipment – This request will allow for the replacement of two computers, which are use for general office/clerical use; and a third unit that will be largely utilized for the mapping database and GIS functions. 6i. Facility Needs Assessment – These funds will serve to allow for a space needs evaluation for the current and future operational needs of the Water Department. This proposal has been discussed for a number of years. The purchases of an existing building in Commerce Park, authorized by a previous town meeting article, did not prove successful. 6j. Commerce Park Site Improvements – There are two lots in Brewster Commerce Park, which is located off Freemans Way that the department would like to assess for a future relocation. The funds will cover property evaluation as well as some funds to address the stabilization of an unsafe slope. 7. NATURAL RESOURCES 7a. Land Management for Conservation Lands - This article will provide necessary equipment, tools and materials to continue and improve the Conservation Commissions’ land management endeavors. The funds will be used for the restoration of various recreational trails, installation of conservation signs, restoration of threatened habitat areas and installation of erosion control measures for existing degraded areas on town-owned land. Motion: I move that the town vote to amend article no. 4 to amend item no. 1D (Solid Waste Road Tractor) from the sum of $85,000.00 to $0.00. Action: Yes-188 No-156 Amended Motion : The amended motion for article no. 4 is to appropriate the total sum of $1,418,752.00 for these purposes, and in order to appropriate this sum that the town transfer the sums of $1,009,152.00 from Free Cash, $55,000.00 from the Golf Receipts Reserved for Appropriation account, $10,000.00 from the Sale of Cemetery Lots account, $199,600.00 from the Water Revenue account and $145,000.00 from the Ambulance Receipts Reserved for Appropriation account. Action as amended: Adopted Unanimously MILLSITES COMMITTEE MEMBERSHIP ARTICLE NO. 5: To see if the town will vote to delete that portion of Article XIV of Chapter No. 12 of the Code of the Town of Brewster, which currently reads, as follows: § 12-36. Appointment; terms. The Stoney Brook Mill Sites Committee shall consist of 11 members, who shall be appointed by the Board of Selectmen for three-year overlapping terms. And substitute, the following: § 12-36. Appointment; terms. The Stoney Brook Mill Sites Committee shall consist of 7 members, who shall be appointed by the Board of Selectmen for three-year overlapping terms. or to take any other action relative thereto. (Majority Vote Required) (Millsites Committee) SUMMARY The Board of Selectmen serves as the appointing authority for the Millsites Committee. The current town code requires a committee make-up of eleven members. This article would reduce the size of the committee to seven members. We have had a problem in maintaining full membership and therefore the committee has had difficulty in attaining a quorum at their various meetings. Motion: I move that the town vote to approve article no. 5 as printed in the warrant. Action: Adopted Unanimously AMENDMENT TO ZONING BYLAW ARTICLE 6: 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 in its entirety Section 179-35.1, Flexible Development, and eliminating all references to this section which appear in the succeeding Section 179- 35.2, Major Residential Development, so that these provisions would be amended, as follows: Section 179-35.1, Flexible development, which reads as follows, would be deleted in its entirety: At the owner's option, any parcel may be divided into not more than six (6) lots, whether a subdivision or not, and built upon under the following alternative area and frontage requirements. A. Number of lots. (1) The total number of building lots created from any parcel shall be no larger than the number which reasonably could be expected to be built upon in consideration of how much of the land is actually buildable, and in compliance with Table 2 of ~ 179-16 and all other applicable zoning, subdivision and health requirements. (2) That number shall be determined at the applicant's option either by a registered land surveyor's certification of the number obtained by dividing eighty percent (80%) of lot area (see definition) by the lot area required for a single-family dwelling at ~ 179-6; or by the Planning Board, based upon review of a sketch conventional plan submitted by the applicant showing division in compliance with ~ 179-16. B. Frontage. The average frontage for all building lots created shall be no smaller than the minimum required under Table 2 of ~ 179-16, but individual lots may have frontage of as little as two-thirds (2/3) that requirement. C. Lot area. The area of individual lots may be as little as one half (1/2) that required under Table 2 of ~ 179-16. D. Open space. At least twenty percent (20%) of the lot area of the premises being divided shall be in continuous parcels restricted from building through limitations established on the plan. E. Endorsement. The plan creating the lots shall be endorsed by the Planning Board as approved for flexible development. F. Limitation. No further increase in the number of lots shall be allowed through subsequent land division or to take any other action relative thereto. Section 179-35.2, Major Residential Development, Subsection B(1), Procedures, which reads: B. Procedures. (1) Application for a special permit for major residential development shall include a basic development plan and a substantially different alternative development plan, each either conforming to the requirements for a preliminary subdivision plan or not requiring approval under the Subdivision Control Law. Substantial difference would be a conventional plan versus a flexible development (see ~ 179-35.1) or a cluster development (~ 179-35) or two (2) plans of the same type having major differences in the number of lots created, road pattern or open space configuration. Would be amended to read: B. Procedures. (1) Application for a special permit for major residential development shall include a basic development plan and a substantially different alternative development plan, each either conforming to the requirements for a preliminary subdivision plan or not requiring approval under the Subdivision Control Law. Substantial difference would be a conventional plan versus a cluster development (~ 179-35) or two (2) plans of the same type having major differences in the number of lots created, road pattern or open space configuration. Section 179-35.2, Major Residential Development, Subsection C, Flexible Development, which reads: C. Flexible development. The Planning Board may authorize flexible development within a major residential development, subject to the following in lieu of the requirements of ~ 179-35.1, Flexible development. Would be amended to read: C. The Planning Board may authorize flexible development within a major residential development, subject to the following: Or take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY This bylaw was originally adopted by town meeting in 1990. It was designed to allow more flexibility in the development of smaller lots. The intention of the provisions of 179-25.1 can be accomplished through the alternate provisions of 179-35 and 179- 35.1. When the Cluster bylaw was passed, this section should have been deleted, but it was not. The bylaw as it is currently constituted duplicates other sections of the zoning bylaw. It is in the best interests of the town to remove redundant bylaw sections, as the Planning Board continues its efforts to streamline our regulatory process. Motion: I move that the town vote to approve article no. 6 as printed in the warrant. Action: Adopted Unanimously TRIENNIAL REVALUATION OF REAL AND PERSONAL PROPERTY ARTICLE NO. 7: To see if the Town will vote to transfer from available funds the sum of FORTY-FIVE THOUSAND AND 00/100 ($45,000.00) DOLLARS for the purposes of performing the triennial revaluation of real and personal property and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) SUMMARY This article will provide funding to continue the triennial revaluation of the town’s property tax base. This process will be managed by the town’s Deputy Assessor and will allow the Assessing Department to perform the data quality analysis, which is required by the Massachusetts Department of Revenue. Motion: I move that the town vote to approve article no. 7 as printed in the warrant and to transfer the sum of $45,000.00 from the Overlay Surplus account for this purpose. Action: Adopted PROFESSIONAL SERVICES / PURCHASE OF REAL ESTATE ARTICLE NO. 8: To see it the Town will vote to transfer from available funds the sum of TWENTY THOUSAND AND 00/100 ($20,000.00) DOLLARS for the purpose of obtaining various clerical, professional, legal, appraisal and engineering services related to investigating and making recommendations for the purchase of real estate, and to authorize the Town Administrator to solicit bids, enter into contracts, and expend these funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Open Space Committee) SUMMARY This article will provide funds that will allow the Open Space Committee to evaluate and investigate the potential purchase of land for watershed protection, open space and recreational purposes. The committee frequently contracts with various technical and professional services to support this acquisition process. Motion: I move that the town vote to approve article no. 8 as printed in the warrant and to transfer the sum of $20,000.00 from Free Cash for this purpose. Action: Adopted POLICE COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 9: To see if the Town will vote to transfer from available funds a sum of money to be used to meet the terms and conditions of the proposed collective bargaining agreement, effective July 1, 2003, between the Town of Brewster and the Massachusetts Coalition of Police, Brewster Police Union, Local No. 332, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY This article would fund the costs associated with the contract settlement expenses between the Brewster Police Union and the town. The current contract expired on June 30, 2003. A contract settlement agreement has not been reached between the town and the union at the time of the printing of this document. Motion: I move that the town vote to approve article no. 9 as printed in the warrant and to transfer the sum of $19,000.00 from Free Cash for this purpose. Action: Adopted SEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 10: To see if the Town will vote to transfer from available funds a sum of money to be used to meet the terms and conditions of the proposed collective bargaining agreement, effective July 1, 2003, between the Town of Brewster and the Service Employee’s International Union, Local 888, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY This article would fund the costs associated with the contract settlement expenses between the Service Employee’s International Union, Local 888 and the town. The current contract expired on June 30, 2003. A contract settlement agreement has been reached between the town and the union and will be detailed at town meeting. Motion: I move that the town vote to approve article no. 10 as printed in the warrant and to transfer the sum of $27,000.00 from Free Cash for this purpose. Action: Adopted Unanimously OPEIU COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 11 : To see if the Town will vote to transfer from available funds a sum of money to be used to meet the terms and conditions of the proposed collective bargaining agreement, effective July 1, 2003, between the Town of Brewster and the Office and Professional Employee’s International Union, Units A & B, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY This article would fund the cots associated with the contract settlement expenses between the Office and Professional Employee’s International Union, Local 6, Units A and B and the town. The current contract expired on June 30, 2003. A contract settlement agreement has not been reached between the town and the union at the time of the printing of this document. Motion: I move that the town vote to indefinitely postpone consideration of article no. 11. Action: Adopted Unanimously IAFF COLLECTIVE BARGAINING AGREEMENT ARTICLE NO. 12: To see if the Town will vote to transfer from available funds a sum of money to be used to meet the terms and conditions of the proposed collective bargaining agreement, effective July 1, 2003, between the Town of Brewster and the International Association of Firefighters, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY This article would fund the costs associated with the contract settlement expenses between the International Association of Firefighters and the town. The current contract expired on June 30, 2003. A contract settlement agreement has not been reached between the town and the union at the time of printing of this document. Motion: I move that the town vote to indefinitely postpone consideration of article no. 12. Action: Adopted Unanimously NON-UNION PERSONNEL WAGE FUNDING ARTICLE NO. 13: To see if the Town will vote to transfer from available funds a sum of money to fund wage and salary adjustments effective July 1, 2003 for eligible and non-union employees dictated by the Wage and Salary Schedule set forth in the Personnel Bylaw, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY This article would fund the costs associated with the wage adjustments for employees covered by the Personnel Bylaw and other non-union employees. Motion: I move that the town vote to approve article no. 13 as printed in the warrant and to transfer the total sum of $54,000.00 from Free Cash for this purpose. Action: Adopted Unanimously OPEN SPACE LAND ACQUISITION ARTICLE NO. 14 : To see is the Town will vote to authorize the Board of Selectmen to acquire three parcels of land which are designated on Brewster Assessor's Map No. 20, as Parcel 29 and Parcel 30, located at 1008 and 1009 Main Street and as Parcel 41 at 0 Main Street, in the Town of Brewster, Barnstable County, Massachusetts, which parcels are further described in the deeds recorded at the Barnstable County Registry of Deeds in Deed Book 11437, Page 1, consisting of approximately 2 to 3.5 acres, more or less; to acquire all three parcels by gift, purchase and/or eminent domain taking under Massachusetts General Laws, Chapter No. 79, or any other enabling authority; to acquire said land for conservation and passive recreation purposes, including development of an improved drainage plan designed to divert run- off from Route 6A from entering the creek, and implemented in cooperation with the state highway department; to authorize the Selectmen, concurrently with the acquisition of the parcels and for no consideration, to grant an easement for drainage purposes to the state highway department or its authorized designee; to authorize the Board of Selectmen to grant to the Trustees of the Brewster Conservation Trust, for no consideration, a perpetual Conservation Restriction pursuant to the provisions of G.L. c. 184, Sections 31 B 33, allowing the aforementioned uses within the meaning of Massachusetts General Laws, Chapter 40, Section 8C; to appropriate a sum of money to pay for land acquisition, surveying, and other costs incidental and related thereto; to authorize the Town Treasurer to transfer from available funds a sum of money for the purpose of paying for the these related project costs; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money in accordance with Chapter No. 293 of the Acts of 1998, also known as an Act Relative to the Establishment of the Cape Cod Open Space Land Acquisition Program and/or to borrow money pursuant to the provisions of the Massachusetts General Laws, Chapter No. 44, Section No. 7(3) and Section No. 8(c), , and/or any other enabling authority, and to issue bonds and/or notes of the Town therefore; to authorize the Town Treasurer to transfer from available funds the sum of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS for the purpose of paying for the building demolition and disposal, site restoration, 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 Conservation Commission to apply for, accept and expend any funds which may be provided by the Commonwealth or some other source to defray a portion or all of the costs of acquiring this property, including funding under the Self- Help Act, G.L. c. 132A, Section No. 11, 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 Conservation Commission to assume the care, custody, control and management of the property; and to authorize the Conservation Commission to enter into all agreements and execute any and all instruments as may be necessary on behalf of the municipality to affect this purchase and obtain reimbursement funding, or to take any other action relative thereto. (Two-thirds Vote Required) (Open Space Committee) SUMMARY The Open Space Committee is proposing the purchase of these parcels largely using Land Bank funds for the acquisition expense. Some general town funds will be used to fund costs associated with the demolition and disposal of the various structures and improvements on the sites. The committee has applied to the both the State and Federal government for a grant of $500,000 towards this acquisition. All existing structures will be removed prior to the final purchase of this property. These parcels currently contain the Jolly Whaler Village, consisting of a motel, restaurant and campground on 2.2 acres. The current owners are also gifting a third parcel consisting of approximately one acre of land. These parcels are all located adjacent to critical environmental areas, which include rare and endangered plant and animal habitats. In addition the Stony Brook Herring Run is adjacent to these parcels. Route 6A is the significant source of pollution for both the Herring Run and the Paines Creek estuary. The campground property could be potentially utilized to handle and treat the stormwater runoff and minimize these pollutants from directly entering this important resource. Finally, the purchase of these properties will also enable the Town to remove existing visual obstructions, which currently create sight line hazards for drivers on Route 6A. Motion: I move that we use a secret ballot to vote for this article. Action: Denied Motion: I move that the town vote to approve article no. 14 as printed in the warrant and that the Board of Selectmen is hereby authorized to (i) acquire three parcels of land which are designated on Brewster Assessor's Map No. 20, as Parcel 29 and Parcel 30, located at 1008 and 1009 Main Street and as Parcel 41 at 0 Main Street, in the Town of Brewster, Barnstable County, Massachusetts, which parcels are further described in the deeds recorded at the Barnstable County Registry of Deeds in Deed Book 11437, Page 1, consisting of approximately 2 to 3.5 acres, more or less; (ii) to acquire all three parcels by gift, purchase and/or eminent domain taking under Massachusetts General Laws, Chapter No. 79, or any other enabling authority; (iii) to acquire the aforesaid land for conservation and passive recreation purposes, including development of an improved drainage plan designed to divert run-off from Route 6A from entering the creek, and implemented in cooperation with the state highway department; (iv) concurrently with the acquisition of the aforesaid parcels and for no consideration, to grant an easement for drainage purposes to the state highway department or its authorized designee; and (v) to grant to the Trustees of the Brewster Conservation Trust, for no consideration, a perpetual Conservation Restriction pursuant to the provisions of G.L. c. 184, Sections 31 B 33, allowing the aforementioned uses within the meaning of Massachusetts General Laws, Chapter 40, Section 8C; and further, to appropriate the sum of $1,045,000.00 to pay for the acquisition of said land, and the Town Treasurer, with the approval of the Board of Selectmen is hereby authorized to borrow the sum of NINE HUNDRED FORTY FIVE THOUSAND AND 00/100 ($945,000.00) DOLLARS in accordance with Chapter 293 of the Massachusetts Acts of 1998, also known as an Act Relative to the Establishment of the Cape Cod Open Space Land Acquisition Program and/or pursuant to the provisions of the Massachusetts General Laws, Chapter 44, Sections 7(3) and 8(c), and/or any other enabling authority, and to issue bonds and/or notes of the Town therefore; and further, that the sum of ONE HUNDRED THOUSAND AND 00/100 ($100,000.00) DOLLARS is hereby transferred from Free Cash of the Town for the purpose of paying for the building demolition, disposal and site restoration expenses associated with the property authorized to be acquired by this vote, and to pay costs of preparation, issuance, and marketing of notes and bonds issued hereunder and for paying interest on any temporary notes issued in anticipation thereof; and further that the Board of Selectmen and Conservation Commission are hereby authorized to apply for, accept and expend any funds which may be provided by the Commonwealth or some other source to defray a portion or all of the costs of acquiring this property, including funding under the Self-Help Act, G.L. c. 132A, Section No. 11, provided however, that the amount of any 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 finally, that the Conservation Commission is hereby authorized to assume the care, custody, control and management of the property and to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town to affect this purchase and obtain reimbursement funding. Action: Yes- 438 No- 203 Adopted LAND TRANSFER FOR AFFORDABLE HOUSING ARTICLE NO. 15: To see if the Town will vote to amend the authorization granted the Selectmen under Article 10 of the 1996 Fall Yearly Town Meeting, wherein the Selectmen were authorized to transfer ownership of 4.4 acres of town-owned land on Slough Road to income qualified families for the construction of up to four (4), single-family homes, to now authorize the Selectmen to utilize said land for the purpose of developing up to nine (9) affordable housing units for low and moderate income individuals or households and to solicit bids or proposals from qualified developers of affordable housing for that purpose; to authorize the Board of Selectmen to transfer title to or to lease any of nine (9) units created hereunder to income qualified individuals or households at prices not to exceed current guidelines created by the Massachusetts Department of Housing and Community Development through its Local Initiative Program; to authorize the Board of Selectmen to enter into a long term ground lease for one or more of the newly created units for a term not more than 99 years with a qualified developer of affordable housing; to authorize the Board of Selectmen to apply for, accept and expend any funds which may be provided by the federal government, the Commonwealth of Massachusetts, or some other source to assist in the creation of affordable housing opportunities; or take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen) SUMMARY In 1996 town meeting authorized the development of up to four single-family affordable homes on town owned land on Slough Road. This property was originally taken for the non-payment of taxes in 1938. The original plan was to conduct a lottery for income- qualified families to construct single-family homes that would remain deed restricted as affordable housing in perpetuity. Since 1996 the land has unfortunately been tied up in a land court appeal case, which has only recently been resolved in favor of the town. In addition the value of the land has increased dramatically. Given the increasing scarcity of developable land and its associated cost, it seems that the town will have fewer and fewer opportunities to ensure the construction of affordable housing. Meanwhile, the cost of housing is rapidly driving median and lower income families from Cape Cod. Currently, less than 5% of the town’s housing stock is guaranteed (by deed restriction) to remain affordable into the future. This proposal would propose that town increase the number of units to be developed on these parcels in return for its contribution of land. Motion: I move that the town vote to indefinitely postpone consideration of article no. 15. Action: Adopted AMENDMENT TO ZONING BYLAW/DEFINITION SECTION 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 I, “General Provisions,” Section 179-2, “Definitions,” to delete the last three sentences of Subsection 179-2A which presently reads: ~ 179-2. Definitions. A. Words used in the present tense indicate the future; the singular number includes the plural and the plural the singular; the words "used" or "occupied" include the words "designed," "arranged," "intended" or "offered to be used or occupied"; the words "building," "structure," "lot," "land" or "premises" shall be construed as though followed by the words "or any portion thereof," and the word "shall" is always mandatory and not merely directory. Terms and words not defined herein but defined in the Brewster Subdivision Regulations or in the Commonwealth of Massachusetts State Building Code or in the State Environmental 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 Webster's Unabridged Dictionary, Third Edition. Uses listed in the Table of Use Regulations under the classes of retail and service trades and wholesale trade and manufacturing shall be further defined by the Standard Industrial Classification Manual published by the Executive Office of the President, Office Management and Budget. and replace it with the following: ~ 179-2. Definitions. A. Words used in the present tense indicate the future; the singular number includes the plural and the plural the singular; the words "used" or "occupied" include the words "designed," "arranged," "intended" or "offered to be used or occupied"; the words "building," "structure," "lot," "land" or "premises" shall be construed as though followed by the words "or any portion thereof," and the word "shall" is always mandatory and not merely directory. or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY In 1937 the federal government established a committee on industrial classification to develop a plan of classification or various types of statistical data by industries and to promote the general adoption of such classification as the standard classification of the federal government. In 1939 the committee created the first Standard Industrial Classification (SIC) Manual for the United States. Our current bylaw references the 1987 version of this manual and the Third Edition of Webster’s Unabridged Dictionary. Both of these publications have long since become obsolete in the face of updated editions. This proposal would delete any references to these rather outdated publications. Motion: I move that the town vote to approve article no. 16 as printed in the warrant. Action: Yes- 200, No-12 Adopted AMENDMENT TO ZONING BYLAW/DEFINITION OF ACCESSORY USE 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 I, “General Provisions,” Section 179-2, “Definitions,” to revise the current definition of “use, accessory” found in Subsection 1792B which reads: “Use, Accessory - A use incidental and subordinate to the principal use of a structure or lot or a use, not the principal use, which is located on the same lot as the principal structure.” and replace it with the following: “Use, Accessory - A use incidental and subordinate to the principal use of a structure or lot or a use, not the principal use, which is located on the same lot as the principal structure or use. Any use that is not allowed in the underlying district shall not be classified as an accessory use nor permitted as an accessory use.” Or take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY This article is proposed to further clarify the intent of the existing zoning bylaw that any use of a property, be it the accessory or principal, must also be a permitted use in the underlying district. Without this clarifying language, it is possible to interpret the current zoning bylaw as permitting prohibited uses so long as they are accessory to the permitted principal use. Motion: I move that the town vote to approve article no. 17 as printed in the warrant. Action: Yes-231, No- 12- Adopted AMENDMENT TO ZONING BYLAW/CORRIDOR OVERLAY PROTECTION DISTRICT 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 XII, the Corridor Overlay Protection District, Subsection 179-66B(1a) by adding the words “or lot” immediately after the word “structure” as it appears in two locations in the subsection so that the new Subsection 179-66B(1a) would read, as follows: “A change of use of an existing structure or lot from its current use to any use specified in Table of Uses, Section 179-11 shall be allowed only if granted a special permit in accordance with this §179-66 and §179-51, provided, however, that any change of use of a structure or lot being used for any of the following uses: (a) store usually selling 1 or a combination of 2 or more of the following: dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware, food for home preparation, pharmaceuticals and medical supplies, wines and liquors; (b) antique shops and (c) miscellaneous business offices and services, to another as delineated in the above listing shall not require a special permit nor shall the initiation of a Home Occupation or change of a Home Occupation require a Special Permit.” Or take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY This article is proposed to further clarify that the provisions of the zoning bylaw relative to the Corridor Overlay Protection District apply to changes in use of the lot as well as changes in use of the structure. Without this clarifying language, it is possible to interpret that the current zoning bylaw would permit a change in use of a lot in the Corridor Overlay Protection District, without the requirement of a special permit. This article is proposed to eliminate the possibility of such an interpretation. Motion: I move that the town vote to approve article no. 18 as printed in the warrant. Action: Yes-256, No,17 Adopted AMENDMENT TO ZONING BYLAW/TABLE OF USES 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 IV, “Use Regulations,” Section 179-11, Table 1, to allow certain agricultural uses listed under Agriculture, Paragraph 6, to be allowed by Special Permit in the R-R District so that Subsection 179-11, Agriculture, ¶6 would read, as follows: R-R R-L R-M C-H V-B I MRD (6) Commercial stable, kennel or veterinary S S S S S hospital in which all animals are completely enclosed in pens or other structures on a parcel of land containing 120,000 square feet or more. Or take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY Under the current zoning bylaw, these agricultural uses are prohibited in the R-R, CH, and I districts. This article would allow such uses upon the issuance of a special permit from the Zoning Board of Appeals. Motion: I move that the town vote to approve article no. 19 as printed in the warrant. Action: Yes- 216, No-9 Adopted AMENDMENT TO ZONING BYLAW/IMPOSITION OF FINES 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 X, Administration and Enforcement, Section 179-49, Violations and Penalties, to delete the words “upon conviction,” add the words “by the Building Inspector” after the word “fined,” change the penalty amount from two hundred ($200.00) Dollars to three hundred ($300.00) Dollars in the second sentence of this Section, and eliminate the phrase “and a violation of which is subject to a specific penalty” from the third sentence, so that the second and third sentence of Section 179-49 which currently read: “Any person, trust or other enterprise who violates or refuses to comply with any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals may, upon conviction, be fined a sum of two hundred dollars ($200.) for each offense, unless otherwise noted in this chapter. Any Zoning Bylaw of the Town of Brewster enforceable by the Inspector of Buildings or his designee, and a violation of which is subject to a specific penalty may, as an alternative to initiating criminal proceedings, be enforced by the Inspector of Buildings or his designee by the method provided in MGL c. 40, §21D.” are revised to read: “Any person, trust or other enterprise who violates or refuses to comply with any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals may be fined by the Inspector of Buildings a sum of up to three hundred ($300.00) dollars for each offense, unless otherwise noted in this chapter. Any Zoning Bylaw of the Town of Brewster enforceable by the Inspector of Buildings or his designee may, as an alternative to initiating criminal proceedings, be enforced by the Inspector of Buildings or his designee by the method provided in MGL c. 40, §21D.” Or take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY Presently under the zoning bylaw, the penalty provisions imposing a fine are not available as an enforcement tool unless a criminal conviction is obtained or the zoning bylaw provides for a specific penalty in a specific instance. This article is proposed to allow the Building Commissioner to pursue the maximum fines permitted under state law for all violations of the zoning bylaw irrespective of whether a criminal conviction is obtained or the bylaw does or does not call for a specific penalty. Motion: I move that the town vote to approve article no. 20 as printed in the warrant. Action: Yes-192, No- 51 Adopted SALE OF REAL ESTATE ARTICLE NO. 21: To see if the Town will vote to authorize the Board of Selectmen to sell the Town’s interest in the real estate identified as Parcel No. 53 on Brewster Board of Assessor’s Map No. 31 at a price not less than the appraised value thereof, as established by a licensed Massachusetts real estate appraiser; to authorize the Board of Selectmen to advertise and solicit bids for this purpose; to authorize the Board of Selectmen to negotiate and enter into all agreements and execute any and all instruments as may be necessary on behalf of the municipality to affect this sale; or to take any other action relative thereto. (Two-thirds Vote Required) (Board of Selectmen) SUMMARY The town has a real estate interest in the aforementioned parcel, which is located in the vicinity of Bakers Pond next to Nickerson State Park. This land was taken for the non- payment of taxes several years ago. An abutter who has an interest in acquiring this property has approached town. This individual would like to utilize the land for an agricultural pursuit and would be willing to condition the use of the land with a conservation restriction, which would limit future development options. Motion: I move that the town vote to approve article no. 21 as printed in the warrant. Action: Yes-68, No- 164 Denied AMENDMENT TO ZONING BYLAW/FLOOD PLAIN CONTROL 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, by deleting in its entirety Section 179-7, “Floodplain District,” and replacing it with the following new Section 179-7, “Floodplain District”: §179-7. Floodplain District. The Floodplain District is established as an overlay district. All uses otherwise permitted in the underlying district are allowed, provided that they meet the following additional requirements, as well as, those of the Massachusetts State Building Code dealing with the construction in floodplains and coastal high hazards. A. STATEMENT OF PURPOSE The purposes of the Floodplain District are to: (1) Regulate development in areas subject to coastal storm flowage, particularly high hazard Velocity zones, in order to minimize threats to public safety, potential loss of life, personal injury, destruction of property, and environmental damage inevitably resulting from storms, flooding, erosion and relative sea level rise. (2) Enable safe access to and from coastal homes and buildings for homeowners and emergency response personnel, such as police, fire and rescue departments or other emergency response officials. (3) Reduce or prevent public health emergencies resulting from surface and ground water contamination from inundation of or damage to sewage disposal systems and storage areas for typical household hazardous substances. (4) Minimize monetary loss and public health threats resulting from storm damage to public facilities (water and gas mains, electric, telephone lines, streets, bridges, etc.). Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding. (5) Eliminate costs associated with the response and cleanup of flooding conditions. (6) Reduce damage to public and private property resulting from flooding waters. B. DEFINITIONS Definitions: As used in this Bylaw, the following words shall have the meanings specified herein: AREA OF SPECIAL FLOOD HAZARD - the land in the floodplain within a community, subject to a one-percent or greater chance of flooding in any given year. The area may be designated on a FIRM as Zone A, A1-30 or V1-30. BASE FLOOD - the flood having a one percent chance of being equaled or exceeded in any given year. COASTAL HIGH HAZARD AREA - the area subject to high-velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V1-30. DEVELOPMENT - any man-made change to improved or unimproved real estate, including but not limited to building or other structures, construction, mining, extraction, dredging, filling, grading, paving, excavation or drilling activity or operation. DISTRICT - floodplain district. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be fixed (including, at minimum, the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads) is completed before the effective date of this Bylaw. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - the preparation of additional sites by the construction of facilities for servicing lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - administers the National Flood Insurance Program (NFIP). FEMA provides a nationwide flood hazard mapping study program for communities as well as regulatory standards for development in the flood hazard areas. FLOOD INSURANCE RATE MAP (FIRM) - an official map of a community on which FEMA has delineated both areas of special flood hazard and risk premium zones applicable to the community. FLOOD INSURANCE STUDY - an examination, evaluation, and determination of flood hazards, and if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards. FLOODWAY - the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation. LAND SUBJECT TO COASTAL STORM FLOWAGE - land subject to inundation caused by coastal storms up to and including the 100 year flood, surge of record, or flood of record, whichever is greater. The 100 year flood (or base flood as it is also referred to) means the flood having a one percent chance of being equaled or exceeded in any given year. The seaward limit is mean low water. LOWEST FLOOR - the lowest floor of the lowest enclosed areas (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirements of NFIP Regulations 60.3. MANUFACTURED HOME - a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For purposes of the application of this Floodplain District Bylaw, the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term “manufactured home” does not include park trailers, travel trailers, and other similar vehicles. MANUFACTURED HOME PARK OR SUBDIVISION - a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) - is administered by the Federal Emergency Management Agency (FEMA). NEW CONSTRUCTION - for purposes of the application of this Floodplain District Bylaw, new construction shall mean structures for which the “start of construction” commenced on or after the effective date of this Floodplain District Bylaw. For the purpose of determining insurance rates, new construction means structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later. NEW MANUFACTURED HOME PARK OR SUBDIVISION - a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this Floodplain District Bylaw. ONE-HUNDRED-YEAR Flood – see BASE FLOOD. REGULATORY FLOODWAY – see FLOODWAY. SPECIAL FLOOD HAZARD AREA - an area having special flood and/or flood-related erosion hazards, and shown on a FIRM as Zone A, A1-30, V1-30. START OF CONSTRUCTION - includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, or floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. For NFIP insurance coverage purposes, “structure” means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises. SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. ZONES: ZONE A - the 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local or other data. ZONE A1-A30 - the 100-year floodplain where the base flood elevation has been determined. ZONES B and C - are areas identified in the community Flood Insurance Study as areas of moderate or minimal flood hazard. ZONE V1-V30 - special flood hazard areas along a coast subject to inundation by the 100-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined. C. FLOODPLAIN DISTRICT BOUNDARIES AND BASE FLOOD ELEVATION AND FLOODWAY DATA (1) The Floodplain District is herein established as on overlay district. The Floodplain District includes all special flood hazard areas designated on the Town of Brewster FIRM issued by FEMA for the administration of the NFIP dated May 17, 1993 as ZONES A, A1-30, and V1-30 which indicates the 100-year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance Study Booklet dated December 19, 1998. The FIRM and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Commissioner and Conservation Commission. (2) Floodway Data. In Zone A and A1-30 along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. (3) Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres; whichever is the lesser, within unnumbered A zones. (a) Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall cause a qualified professional to provide any existing base flood elevation data, which data shall be reviewed by the Building Commissioner/Zoning Agent for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code. (b) The Wetlands Protection Act may require applicants to determine base flood elevation information by engineering calculations using whichever specified methodology is most accepted by the Brewster Conservation Commission. D. NOTIFICATION OF WATERCOURSE ALTERATION In a riverine situation, the property owner and/or applicant shall notify the following of any alteration or relocation of a watercourse: 1. Adjacent communities 2. NFIP State Coordinator Massachusetts Office of Water Resources 251 Causeway Street, Suite 600-700 Boston, MA 02114-2104 3. NFIP Program Specialist FEMA Region I, Rm. 462 J. W. McCormack Post Office & Courthouse Boston, MA 02109 E. USE REGULATIONS All provisions of the Code of the Town of Brewster, Chapter 179, shall remain applicable within the Floodplain District provided, however, where the Floodplain District Bylaw imposes additional or conflicting regulations, the more stringent local regulations shall prevail. All development in the Floodplain District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following: (1) Section of the Massachusetts State Building Code, which addresses floodplain and coastal high hazard areas (currently 780 CMR 3107.0, Flood Resistant Construction). (2) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00). (3) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00). (4) Coastal Wetlands Restriction DEP (currently 310 CMR 12.00). (5) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5). (6) Brewster Wetlands Protection Bylaw (currently Chapter 172, Brewster Town Code). [7] Brewster Wetlands Conservancy District (currently Chapter 179, Article II, ~ 179-6, Brewster Town Code). Any departure from the provisions and requirements of the above-referenced state or local regulations may only be granted in accordance with the required variance procedures of these state or local regulations. F. RECOMMENDED USES The following uses, which present low flood damage potential and are unlikely to cause obstructions to flood flows, are encouraged, provided they are permitted in the underlying district and do not require structures, fill, or the storage of either materials or equipment. (1) Agricultural uses such as farming, grazing, truck farming, horticulture, etc. (2) Forestry and nursery uses. (3) Outdoor recreational uses, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted. (4) Conservation of water, plants and wildlife. (5) Wildlife management areas, foot, bicycle, and/or horse paths and bridges provided such uses do not affect the natural flow pattern of floodwaters or of any watercourse. (6) Temporary non-residential structures used in connection with fishing, hunting, bird watching, growing, harvesting, storage, or sale of crops raised on the premises. (7) Buildings and uses lawfully existing prior to the adoption of these provisions. G. USE LIMITATIONS (1) Man-made alteration of sand dunes within Zones V1-30 which would increase potential flood damage is prohibited. (2) All new construction within Zones V1-30 is required to be located landward of the reach of mean high tide. (3) All subdivision proposals shall be reviewed to assure that: a) such proposals minimize flood damage; b) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and c) adequate drainage is provided to reduce exposure to flood hazards. (4) Existing contour intervals of site and elevations of existing structures must be included on plan proposals. H. ADMINISTRATION (1) There shall be established a “routing procedure” which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable permits. (2) The Building Inspector shall require the applicant to cause a qualified professional to provide records of elevation and flood-proofing levels for new construction or substantial improvement within the flood district. L. SEVERABILITY If any provision of this bylaw should be disapproved by the Attorney General or invalidated by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this bylaw shall not affect the validity of the remainder of the Town of Brewster’s zoning bylaw. Or take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY As a requirement for participation in the National Flood Insurance Program (NFIP) communities are required to adopt locally enforceable bylaws for activity within the 100-year floodplain. In order to be fully compliant with state and county regulations, the town needs to make these amendments to its existing Floodplain District Bylaw. Motion: I move that the town vote to approve article no. 22 as printed in the warrant. Action: Adopted Unanimously AMENDMENT TO ZONING BYLAW/ PERSONAL WIRELESS SERVICES ARTICLE NO. 23: To see if the Town will vote to rescind the depiction of the Communication Tower Overlay District on the current Zoning Map and to amend the Code of the Town of Brewster, Chapter 179, also known as the Zoning Bylaws, Article IX, Special Regulations, Section 179-40.1, Personal Wireless Services and Communication Facilities Bylaw, by replacing Subsection 179-40.1.4, which currently reads: “Personal Wireless Services and Communication Facilities Overlay District There is hereby established a Personal Wireless Services and Communication Facilities Overlay District within the Town of Brewster. This district consists of the following parcels of property, shown on the current Assessor’s Map:” With the following language: “Personal Wireless Services and Communication Facilities Overlay District There is hereby established a Personal Wireless Services and Communication Facilities Overlay District within the Town of Brewster. This district consists of the following parcels of property shown on the Personal Wireless Services and Communication Facilities Overlay District Zoning Map on file with the Brewster Building Department, the Brewster Planning Department and the Brewster Town Clerk:” Or take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY This article will update the current zoning map to show the exact boundaries of the Personal Wireless Services and Communication Facilities Overlay District, which was created at the 2003 Annual Town Meeting. Motion: I move that the town vote to approve article no. 23 as printed in the warrant. Action: Adopted Unanimously AMENDMENT TO ZONING BYLAW/TABLE OF USES ARTICLE NO. 24: 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 IV, “Use Regulations,” Section 179-11, Table 1, to replace the identification “CT” (Communication Tower) in the Table Heading with the letters “PWSCF,” (Personal Wireless Services and Communication Facilities), or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY The proposed article continues the process of updating the town’s zoning map to reflect the new Personal Wireless Services and Communication Facilities Overlay District. Motion: I move that the town vote to approve article no. 24 as printed in the warrant. Action: Adopted Unanimously AMENDMENT TO ZONING BYLAW/PARKING & LOADING STANDARDS ARTICLE NO. 25: 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 VII, “Off-Street Parking and Loading,” Section 179-23, “Parking and Loading Lot Standards,” Subsection A, which currently reads: “A. All parking or loading areas containing over five (5) spaces, including automobile service and drive-in establishments, shall be either contained within structures or subject to the following:” so that it will now read: “A. All parking or loading areas containing over five (5) spaces, including automobile service and drive-in establishments, shall be either contained within structures or subject to the following, unless otherwise waived by the Planning Board in accordance with the provisions of Article XII of the Zoning Bylaws, Corridor Overlay Protection District, Section 179-67D(1), and only to the extent waived thereunder:” or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board) SUMMARY This proposal clarifies an existing ambiguity in the zoning bylaw that requires an applicant within the Corridor Overlay Protection District to apply to both the Planning Board and the Board of Appeals when their applications include parking lots. The Corridor Overlay Protection District Bylaw is currently written to authorize the Planning Board, as the Special Permit Granting Authority to “relax” the parking and loading lot standards set forth in Section 179-23. Section 179-23, however, was never subsequently amended to reference this authority of the Planning Board. This amendment would remedy this oversight and make Section 179-23 consistent with the current provisions of the Corridor Overlay Protection District Bylaw. Motion: I move that the town vote to approve article no. 25 as printed in the warrant. Action: Adopted Unanimously HEALTH CARE COVERAGE FOR CALL FIREFIGHTERS ARTICLE NO. 26: To see if the Town will vote, pursuant to the provisions of Section 12 of Chapter 46 of the Acts of 2003, to approve the amendment of General Laws, Chapter 32B, Section 2 to define call fire department volunteers as employees for purposes of that statute, thereby permitting them access to health care coverage under the town’s insurance policy conditional upon those individuals being responsible for 100% of the policy’s expense, or to take any other action relative thereto. (Majority Vote Required) (Fire Chief) SUMMARY Recently enacted legislation has created a mechanism for the town to offer health care benefits to call firefighters as a benefit and an incentive to serve. The call department members will be responsible for payment of the full premium expense. As the busiest primarily call department with career people, the town saves substantial money in salaries and benefits each year because of their service. The challenge in today’s world, with tremendous time demands on the call people, is recruitment and retention. Allowing the call personnel to access the town’s health insurance programs provides another incentive for their continued commitment to training and call response. The program will be very tightly managed and will not cost the town money. Not all people will take advantage of this opportunity or need the insurance coverage, but it will be available. It is also a way for the town to acknowledge the benefit of an outstanding, dedicated and active call fire and rescue service. This would be an easy and cost-free mechanism to recognize service and show appreciation. Motion: I move that the town vote to approve article no. 26 as printed in the warrant. Action: Adopted Unanimously VETERANS EXEMPTION ARTICLE NO. 27: To see if the Town will vote to accept the provisions of the fifth paragraph of Massachusetts General Laws, Chapter 59, Section 5, Clause 22E, which reads as follows: “Notwithstanding the provisions of this section, in any city or town which accepts the provisions of this paragraph, said exemptions available under clauses twenty-second, twenty-second A, twenty-second B, twenty-second C, twenty-second D and twenty-second E may be granted to otherwise eligible persons who have resided in the commonwealth for one year prior to the date of filing for exemptions under the applicable clause.” or to take any other action relative thereto. (Majority Vote Required) (Board of Assessors) SUMMARY This provision allows the town to reduce the eligibility period for residency from five years to one year for this exemption program. Adoption of this enabling legislation will allow the Board of Assessors to provide relief to disabled veterans four years earlier then is the current practice. Motion: I move that the town vote to approve article no. 27 as printed in the warrant. Action: Adopted Unanimously PROTECTION OF CIVIL LIBERTIES ARTICLE NO. 28: To see if the Town will vote to adopt the following resolution to protect civil liberties of Brewster residents: Whereas Patriots of the town of Brewster, then the North Parish of the town of Harwich, in 1774 joined with other Cape Townsmen to block the opening of the September session of the King’s Courts, Common Pleas and General Sessions, in Barnstable in the first overt resistance on Cape Cod to the Tyranny of Kings George III and Whereas once again Cape towns are joining in resistance to Acts that can lead to tyranny, we join here with the towns of Orleans, Eastham, Wellfleet and Provincetown to adopt a resolution to protect the civil liberties of our residents, and Whereas the rights and liberties of the citizens and non-citizen residents of Brewster protected by the Constitutions of the Commonwealth of Massachusetts and the united States of America include: --Freedom of speech and assembly; --The right to privacy; --The rights to counsel and due process in judicial proceedings; --Protection from unreasonable searches and seizures; --The right to be notified of charges against them, and Whereas the Constitutional protections of Brewster residents are threatened under provisions of existing and proposed federal laws and regulations, which include the U.S.A. Patriot Act, The Homeland Security Act, the Patriot Act II, the Terrorist Information Awareness and T.I.P.S. programs and executive orders, which authorized or would authorize: --detaining Brewster citizens and residents without bringing legal charges, and denying their right to counsel; --monitoring residents’ telephone, internet and library use, video rentals, book and grocery purchases, banking and medical records and other activities without evidence of criminal behavior and without court order; --spying on domestic organizations without evidence of wrongdoing, designating organizations as “terrorist” without evidence of intent to act against the United States of America, and deporting Brewster citizens and residents who contribute to these organizations, even unaware of the “terrorist” designation; --conducting secret military tribunals without fundamental legal protections for the accused; --secretly searching the homes of Brewster residents when they are absent; --blocking public access to meetings of government advisory committees and some public records; --unregulated ethnic profiling of individuals; and Whereas the United States Attorney General has made threatening statements regarding legal opposition to these policies, and Whereas these aforementioned laws, regulations and executive orders have current and potential impact on residents and citizens alike, including those exercising their Constitutional rights to speak out against local, state or national policy, It is Therefore Resolved and the Town Meeting is petitioned to forbid all local and non- local officials in Brewster, in the absence of probable cause of criminal activity, to the extent legally permissible, from: 1. Participating in or cooperating with any inquiry, investigation, surveillance or detention. 2. Recording, using and keeping any intelligence information about persons and organizations in Brewster, including political views and media use, even if authorized by federal law enforcement officials acting under the cited or allied laws or executive order. Intelligence information currently held shall be identified and disposed of at the direction of the Selectmen. 3. Enforcing immigration matters. 4. Profiling based on race, ethnicity, citizenship, religion, or political values. It is Further Resolved that all Federal, State and County law enforcement officials are requested, and local law enforcement officials directed, to the extent legally permissible, to report to the Brewster Board of Selectmen publicly in writing monthly the extent and manner in which they have acted under the cited and allied laws and executive orders, including but not limited to: --the names of any Brewster residents detained here or elsewhere and non- residents detained in the area for more than 48 hours as a result of terrorism investigations, and the circumstances, charges against, and names of counsel for each detainee; --the number of search warrants that have been executed in Brewster without due notice to the subject, and the legal justification for each warrant; and --the extent of governmental electronic surveillance, monitoring of political, religious and other activities, and obtaining of education, library, video and bookstore records in Brewster. It is Further Resolved that the Brewster Town Clerk shall communicate this resolution to all town departments, all Federal, State, and local law enforcement officials, the Governor of Massachusetts, the President and Attorney General of the United States, and the Massachusetts Congressional Delegation, and to ask that Delegation to act to repeal provisions of the cited and allied laws and executive orders that violate the protections of the Massachusetts and United States Constitutions. It is Finally Resolved that if any part of these provisions or their applicability is declared invalid by a court of competent jurisdiction, that part shall be severable and the remainder shall remain in full force and effect. Or to take any other action relative thereto. (Majority Vote Required) (Citizens Petition) SUMMARY The purpose of this article is to take a second look at federal laws and regulations which were meant to address terrorist threats, most notable the USA Patriot Act. These laws and regulations were passed without a thorough review, and many people now believe they contain provisions which are dangerous to American freedoms. They give broad powers to federal law enforcement agencies, and remove certain checks and balances which the constitution put into place to protect the liberty and privacy of innocent persons. A “yes” vote will cause the town to inform our congressional leaders that we want them to repeal sections of any law that violate freedoms which are protected by the Bill of Rights. A “yes” vote will ask that Brewster officials act to protect the civil liberties of Brewster residents, to the extent permissible by law. Motion: I move that town vote to approve article no. 28 as printed in the warrant. Action: Adopted BAYSIDE SKIPPERS FUNDING ARTICLE NO. 29: To see if the Town will vote to transfer from available funds the sum of FOUR THOUSAND FIVE HUNDRED AND 00/100 ($4,500.00) DOLLARS for the purpose of funding part of the annual budget of the Brewster Bayside Skippers Competition Team for the coach’s stipend; or to take any other action relative thereto. (Majority Vote Required) (Citizens Petition) SUMMARY This article is being presented by a group of citizens who wish to replenish funding for the coach’s stipend for the Bayside Skippers program. These funds had, in the past, been included in the Elementary School budget. However due to the uncertainty of funding this item was eliminated from the budget for Fiscal Year 2004. The balance of the operational expense for this program is raised through private fundraising efforts. Motion: I move that town vote to approve article no. 29 as printed in the warrant and to transfer the sum of $4,500.00 from Free Cash for this purpose. Action: Adopted PENSION FUND ARTICLE NO. 30: 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) SUMMARY The unfunded pension liability is the difference between the value assigned to those retirement benefits already earned by a municipality’s employees and the assets that the local retirement system has on hand to meet these obligations. The dollar value of the unfunded pension liability is driven by assumptions about mortality data, interest rates at which retirement system’s assets will grow and the rate of future costs of living increases to pensioners. The town is participating in a multi-year program to address this long-term financial obligation. This fund is utilized to reserve funds, which are then used to cushion the impact of assessment fluctuations from year to year. Motion: I move that the town vote to indefinitely postpone consideration of article no. 30. Action: Adopted STABILIZATION FUND ARTICLE NO. 31: To see if the Town will vote to transfer from available funds a sum of money to add to the Stabilization Fund for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) SUMMARY The purpose of this article is to transfer an amount of money into the Stabilization Fund to be used for future expenditures. This account also serves to improve the interest earnings account as well as to assist in the cash flow management of the town’s general finances. Motion: I move that the town vote to indefinitely postpone consideration of article no. 31. Action: Adopted ANY OTHER BUSINESS ARTICLE NO. 32: To act on any other business that may legally come before this meeting. Motion: I move that the town vote to adjourn the 2003 Fall Yearly Town Meeting. Action: Adopted A True Copy Attest Joanna Krauss Town Clerk