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