HomeMy Public PortalAbout2003-05-05 Annual Town Mtg Warrant ANNUAL TOWN MEETING
MAYS, 2003
Barnstable, ss
To : Roland W. Bassett
Constable for the Town of Brewster
Greetings :
In the name of the Commonwealth of Massachusetts, you are
hereby directed to notify and warn the inhabitants of the Town of Brewster,
qualified to vote in Town affairs, to meet at the Stony Brook Elementary School
Cafetorium, on Monday, the fifth day of May, 2003 next, at 7 : 00 p. m . o'clock in
the evening, then and there to act upon the following articles.
ANNUAL REPORT/CONSENT CALENDAR
ARTICLE NO, 1; To act upon the Annual Town Report of the Board of
Selectmen, Town Officers and other Special Committees, or to take any other
action relative thereto.
( Majority Vote Required) (Board of Selectmen)
HERRING FISHERIES/CONSENT CALENDAR
ARTICLE NO, 2: To see if the Town will vote to take no action
regarding its Herring or Alewife Fishery, or to take any other action relative
thereto .
(Majority Vote Required) (Alewife Committee)
CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET
ARTICLE NO, 3; To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to defray Cape Cod
Vocational Technical High School charges and expenses for the Fiscal Year
ending June 30, 2004, as follows :
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY2002 FY2003 FY2004
1 . CAPE COD TECH . ASSESSMENT $640 .896 .00 $634,860 . 00 $827334. 00
TOTAL ASSESSMENT $640,896 . 00 $634,860 . 00 $827,334. 00
or to take any other action relative thereto .
( Majority Vote Required) (Cape Cod Vocational Technical School Committee)
ELEMENTARYSCHOOLS OPERATING BUDGETS
ARTICLE NO. 4. To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to defray the Elementary
Schools' charges and expenses, for the Fiscal Year ending June 30, 2004, as
follows :
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY2002 FY2003 FY2004
1 , ELEMENTARY SCHOOL BUDGET $5 , 124,082 . 00 $5 ,220 . 108 . 00 5 ,355 ,993 . 00
TOTAL ELEMENTARY SCHOOL $5, 124,082. 00 $512201108. 00 $5,355,993 . 00
or to take any other action relative thereto .
(Majority Vote Required) (Elementary School Committee)
TOWN OPERATING BUDGET
ARTICLE NO. 5: To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to defray Town charges
and expenses, and furthermore, to fix the salary and compensation of all elected
officials of the Town as provided in Section No . 108 of Chapter 41 of the General
Laws, as amended, for the Fiscal Year ending June 30, 2004, as follows :
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY2002 FY2003 FY2004
1 MODERATOR WAGES 300.00 300.00 300.00
2 SELECTMEN'S WAGES 51250.00 5250.00 5,250.00
STAFF WAGES 37,692.61 39,898.00 40 ,793.00
EDUCATIONAL REIMS 11048.50 1 ,200.00 11200.00
EXPENSES 23,906.68 23,150.00 22,250.00
3 ASSESSMENTS 2044.47 22,978.00 23, 129.00
4 ADMINISTRATOR WAGES 190,044.58 2015870.00 213,463.00
EXPENSES 71487.65 71505.00 7,900.00
5 FINCOM EXPENSES 404.42 1 ,000.00 1 ,000.00
RESERVE FUND 69,955.00 100,000.00 100,000.00
6 ACCOUNTANT WAGES 94,203.92 99,055.00 100,987.00
AUDIT OF ACCOUNTS 14,000.00 22,500.00 23,500 .00
EXPENSES 2,015.62 2,055.00 2,020.00
7 ASSESSOR WAGES 118,710.96 125,274.00 130,063.00
EXPENSES 17,184.20 19200.00 14,495.00
8 TREAS/COLL WAGES 155,725.40 167, 159 .00 171 ,402.00
EXPENSES 24,379.37 28, 150.00 23,250.00
9 LEGAL EXPENSES 88,616.79 92,000.00 897000.00
10 TOWN CLERK'S WAGES 45,877,00 48, 115.00 49,601 .00
CLERK STAFF WAGES 47,271 .81 53, 100.00 28,844.00
EXPENSES 4,953. 19 8,600.00 4,400.00
11 ELECTION WAGES 5,898.98 10 ,650 .00 8,500.00
EXPENSES 4, 117.28 10,820.00 31870.00
12 REGISTRAR WAGES 11745.98 3,500.00 3,400.00
EXPENSES 3,950.00 5,050.00 1 ,900.00
13 PLANNING/APPEALS WAGES 27,531 .60 29,029.00 29,856.00
PLANNING/APPEALS EXPENSES 1 ,611 .10 27125.00 2, 125.00
14 VEHICLE POOL MAINT 1 ,596.54 3,000.00 3,000.00
15 INFORMATION TECHNOLOGY
WAGES 51 ,229.88 53,768.00 55,053.00
EXPENSES 27,443.57 31 ,090.00 28,990.00
16 TOWN HALL MAI NT WAGES 49,296.22 52,681 .00 53,549.00
EXPENSES 42,549.63 43,200.00 42,425.00
COA BLDG EXPENSES 10,893.64 12,800.00 12,700.00
17 TOWN REPORT EXPENSES 8,229.82 81500.00 8500.00
18 DRUMMER BOY EXPENSES 25513.07 810.00 740.00
SELECTMEN
EXPENDED APPROPRIATED REQUESTED
DEPARTMENT FY2002 FY2003 FY2004
19 DEBT SERVICE 3,593,319.25 2,841 ,843.00 21703,296.00
20 FRINGE BENEFITS 17264,619.66 11476,717.00 11591 ,049.00
21 RETIREMENT/PENSION 640,376.52 668,741 .00 761 ,382.00
22 UNCLASSIFIED 121 ,686.31 126556.00 126, 117.00
23 LIABILITY INSURANCE 246,968.50 308,271 .00 271 ,104.00
24 CONSTABLE 250.00 250.00 250.00
25 POLICE WAGES 1 ,219, 126.49 1 ,311 ,241 .00 1 ,331 ,915.00
EXPENSES 170,969.24 180,259.00 161 ,084,00
26 FIRE/RESCUE WAGES 850,250.60 995,013.00 942,246.00
EXPENSES 65,224.61 77,900.00 69,800.00
RESCUE EXPENSES 40,883.19 507700.00 57,000.00
STATION EXPENSES 38,342.61 43,300.00 45,300.00
27 BLDG INSPECTOR/HDC WAGES 209,676.85 246,750.00 250 ,789.00
BUILDING/HDC EXPENSES 10,438.38 9,535.00 5,497.00
28 NATURAL RESOURCES AND
CONSERVATION WAGES 143,256.48 148,778.00 153, 111 .00
EXPENSES 20,614.82 23,750.00 19,350.00
PROPAGATION 4,500.00 65000.00 6,000.00
29 DOG OFFICER EXPENSES 107000.00 10,500.00 10,000.00
30 ALEWIVES COMM. WAGES 100.00 1 ,852.00 1 ,830.00
EXPENSES 966.38 1 ,000.00 11000.00
31 DPW WAGES 590,426.36 658,860.00 646543.00
ROAD MACHINERY 35,055.48 27,900.00 29,900.00
SNOW & ICE CONTROL 32,346.50 65,000.00 65,000.00
INSECT/PEST CONTROL 11017.00 11100.00 11100.00
EXPENSES 161 ,366.96 179,700.00 194, 183.00
SOLID WASTE DISPOSAL 297,364.60 312,485.00 3089380.00
32 RECYCLING EXPENSES 53.00 300.00 0.00
33 STREETLIGHTING 10,084. 10 71000.00 6,800.00
34 BOARD OF HEALTH WAGES 116,837.73 124,255.00 1279169.00
VISITING NURSE ASSOC. 17,625.00 17,025.00 14,400.00
EXPENSES 6, 110.30 6,835.00 61700.00
35 COUNCIL ON AGING WAGES 116,745.42 125,457.00 128,601 .00
EXPENSES 12,546.24 11 ,910.00 81766.00
36 OLD MILL SITE COMM. 305. 11 39700.00 3,700.00
37 VETERANS SERVICES 2,000.00 12500.00 12500.00
38 LADIES LIBRARY 373,251 .00 383,704.00 3837704.00
39 WATER COMM. WAGES 25200.00 2,200.00 2,200.00
WATER STAFF WAGES 423,431 ,17 474,501 .00 494,634.00
OPERATING EXPENSES 1917283.86 245,897.00 227233.00
EQUIPMENT EXPENSES 6,562.73 8,493.00 6,915.00
40 RECREATION WAGES 78,203.46 84,303.00 85522.00
EXPENSES 30,858.00 28,858.00 2709.00
41 GOLF DEPT WAGES 931 ,818.18 989,811 .00 996,878.00
EXPENSES 636,755.43 63807.00 621 ,045.00
42 MEMORIALIVETERANS DAY EXP. 1 .266.57 1 .400.00 1 .400.00
GRAND TOTAL 13,938,953.57 14,276,289.00 14,216,457.00
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
NAUSET REGIONAL SCHOOLS OPERATING BUDGET
ARTICLENO. 6; To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to defray the Nauset
Regional School's charges and expenses for the Fiscal Year ending June 30,
2004, as follows :
EXPENDED APPROPRIATED REQUESTED
ITEM DEPARTMENT FY2002 FY2003 FY2004
1 , NAUSET ASSESSMENT $5 ,611 ,826 . 00 $6 ,552 ,298 . 00 $9 ,024,727 , 00
TOTAL ASSESSMENT $51611,826. 00 $6,552,298 . 00 $9,024,727 . 00
or to take any other action relative thereto.
(Majority Vote Required) (Nauset Regional School Committee)
ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS
ARTICLE NO. 7. To see if the Town will vote to accept the provisions
of the Massachusetts General Laws, Chapter 71 , Section 16B and to reallocate
the sum of the member towns' contributions to the Nauset Regional School
District in accordance with the Regional Agreement rather than the Education
Reform Formula, so-called, or to take any other action relative thereto .
( Majority Vote Required) ( Nauset Regional School Committee)
HUMAN SERVICES FUNDING
ARTICLENO. 8; To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of SIXTY ONE THOUSAND SIX
HUNDRED THIRTY NINE AND 00/ 100 ($61,639.00) DOLLARSfor the
following organizations and in the following respective amounts :
1 . Cape Aids Resource Exchange and Services (CARES) $21200 . 00
2 . Cape Cod Child Development Program , Inc. $41920 . 00
I Cape Cod Council on Alcoholism & Drug Dependence, Inc. $4,500 . 00
4. Cape Cod Human Services, Inc. $6,000 . 00
5 . Consumers Assistance Council, Inc. $ 500 . 00
6 , Independence House, Inc. $31600 . 00
7. Interfaith Council for the Homeless of Lower Cape Cod $3,044.00
8 . Legal Services for Cape Cod & Islands, Inc. $3,800 . 00
9 . Lower Cape Outreach Council , Inc. $6,000 . 00
10 . Nauset, Inc. $61425 . 00
11 . Sight Loss Services, Inc. of Cape Cod & Islands $ 650 . 00
12 , South Shore Mental Health — Bayview Associates $51000 . 00
13 . The Salvation Army $2,500 . 00
14. Nauset Together We Can Prevention Council, Inc. $5,000 . 00
15 . Elder Services of Cape Cod "Meals on Wheels" 7 500 . 00
GRAND TOTAL $61 ,639 . 00
and to authorize the Board of Selectmen, the Board of Health, and the School
Committee, as appropriate, to enter into contracts with these organizations in
order to provide desired social services for residents of Brewster, or to take any
other action relative thereto .
(Majority Vote Required) ( Human Services Committee)
LOCAL BUSINESS ORGANIZATION FUNDING REQUEST
ARTICLENO. 9. To see if the Town will vote to raise and appropriate, and/or
transfer from available funds, the sum of TWENTY- TWO THOUSAND AND
00/100 ($22,000. 00) DOLLARS, to be expended under the direction of the
Board of Selectmen to help defray costs associated with the annual publication
and distribution of the Brewster Book and Beach Map Guide, as well as the
monthly publication of Brewster advertising and website, which advertises the
Town's attractions, amenities, and services; to provide funds for the operation of
the Brewster Visitor Information Center; to enable the Chamber of Commerce
and Board of Trade United to appropriately advertise Brewster in order to
increase room tax and beach pass revenue for the Town, promote the Town's
golf course, or to take any other action relative thereto.
( Majority Vote Required) (Citizens' Petition )
BREWSTER TOWN BAND FUNDING
ARTICLE NO. 10: To see if the town will vote to authorize the Board of
Selectmen to enter into a contract with the Brewster Town Band in order to
obtain instrumental performances for the Town, to raise and appropriate and/or
transfer from available funds the sum of ONE THOUSANDAND 00/100
($1,000, 00) DOLLARS, 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 this purpose, or to take any other action relative thereto .
(Majority Vote Required) (Board of Selectmen)
CAPITAL EXPENDITURES
ARTICLENO, 11; To see if the Town will vote to raise and appropriate,
transfer from available funds and/or borrow 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 said equipment or services as the case
may be :
TRANSFER
RAISE FROM
AND AVAILABLE
ITEM DEPARTMENT APPROPRIATE FUNDS
i . Water Department
a . Well #3 Cleaning & Redevelopment $501000 . 00
b. Distribution System Map Update $301000 . 00
C. System Study Update $20,000 . 00
d . Vulnerability Assessment $401000 . 00
I Golf Department
a . Driving Range Reconstruction $701000 . 00
b . Fairway Fertilizer Spreader $ 10,000 . 00
c. Fairway Over-seeding $ 18,000 . 00
3 . Police Department
a . Police Vehicles $ 78,000 . 00
4. Board of Selectmen
a . Town Offices / Exterior Painting $ 20,000 . 00
5 . Fire Department
a . Rescue Billing Services $ 35,000 . 00
b. Rescue Equipment $ 71500 . 00
c. Hazmat Materials $ 21500 . 00
d . Portable Radios $ 121000 . 00
e . Ambulance Replacement $ 130,000 . 00
f. Heavy Rescue Vehicle Replacement $400,000 . 00
6 . Board of Assessors
a . Mapping System Update $ 10,000 . 00
Sub-Totals $ 98,000 . 00 $835,000 . 00
Raise and Appropriate/Sub-Total $ 98,000 . 00
Transfer from Available Funds/Sub-Total $835 ,000 . 00
Grand-Total $933,000 .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 or (Board of Selectmen)
two-thirds vote required
if borrowing is authorized)
NA USETSCHOOLS INTERMUNICIPAL AGREEMENT
ARTICLENO. 12. To see if the Town will vote to amend the Nauset
Regional School District Agreement pursuant to the provisions of Section VIII
(Proposed changes are underlined and highlighted in bold print) .
Under Section IX Budget, by revising Section IX to read, as follows :
The Committee shall determine the amounts necessary to be raised to
maintain and operate the regional schools during the ensuing fiscal year and the
amount required for payment of debt and interest incurred by the District, which
will be due in said year and shall adopt an annual maintenance and operating
budget for said year. Ooeratino exoenses which are capital in nature.
and cost in excess of $10.000, but do not oualifv as capital costs under
Section IV, Paraoraph B. shall be set forth in the operatino budget
seoarateiv as capital outlav line item (s) . The Committee shall then submit
copies of the ooeratina budget with the caoital outlay line items) to the
Finance or Advisory Committee of each member town or, if there is no Finance
or Advisory Committee in a member town, to the Chairman of the Board of
Selectmen of such town, for their consideration at least forty-five (45) days prior
to the earliest business session of any member's Annual Town Meeting , The
Committee shall apportion the annual budget in accordance . with the
provisions of Section IV. The amount so apportioned for each town shall be
certified in accordance with M . G . L. c. 71 , E16B by the District Treasurer to the
Treasurers of the member towns, and each town shall appropriate the amounts
so certified . Notwithstanding ami general or soecial law to the contrary„
the Committee shall not be authorized to expend the aoorooriations for
capital outlav line item(s) for anv other ourdose(sl without further
authorization from the member towns, and further that the Nauset
Regional School District, through its school committee, be authorized to petition
the state legislature for special legislation to authorize this amendment to the
Nauset Regional School District Agreement,
or to take any other action relative thereto :
( Majority Vote Required) (Nauset Regional School Committee)
RECORDS MIC 0-FILMING PROJECT
ARTICLE NO, 13, To see if the Town will vote to fund costs associated
with the continuation of the microfilming of various town records and to raise
and appropriate and/or transfer from available funds the sum of FIFTEEN
THOUSAND AND 00/ 100 ($ 15,000:00) DOLLARS and to authorize the
Town Administrator to solicit bids 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) (Town Clerk)
HAZARDOUS WASTE COLLECTION DAYPROWUM
ARTICLE NO. 14; To see K the Town will vote to transfer from the
Water Revenues Account the sum of FOUR THOUSANDAND 00/100
($4,000. 00) DOLLARSto finance costs associated with the hazardous waste
collection day program 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 Health/Water Commission)
SPECIAL LEGISLATION FOR TOWN CLERK'S POSITION
ARTICLE NO. 15: To see if the town will vote to instruct the Board of
Selectmen to petition the General Court of Massachusetts to enact, as
expeditiously as possible, special legislation which will enable the Town to do the
following :
The Town Clerk and the Assistant Town Clerk of the Town of Brewster
shall be appointed by the Town Administrator to serve a term of three (3 )
years, unless sooner removed for cause .
Or to take any other action relative thereto .
(Majority Vote Required) (Citizen Petition)
MASSACHUSETTS TECHNOLOGY GRANT PROGRAM
ARTICLENO, 16; To see if the Town will vote to authorize the Town
Administrator, acting through the Board of Selectmen, to apply for and accept
grant proceeds (Waste to Energy Grant Program) offered through the
Massachusetts Technology Park Corporation from the Massachusetts Renewable
Energy Trust Fund ; these funds will be transferred to SEMASS and utilized to
alleviate certain payment obligations incurred by the Town through long-term
contractual agreements with the SEMASS Partnership, the owner/operator of the
waste to energy facility in Rochester, MA, and to authorize the Town
Administrator to expend the grant funds, solicit proposals/bids and enter into
contracts for this purpose, or to take any other action relative thereto.
( Majority Vote Required) (Board of Selectmen)
MILLSITES COMMITTEE MEMBERSHIP
ARTICLE NO, 17.• 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)
FUNDING FOR THE EVALUATION OF PURCHASE OF REAL ESTATE
ARTICLE NO. 18: To see it the Town will vote to raise and appropriate
and/or to transfer from available funds the sum of TWENTY THOUSAND AND
00/100 ($20,000,00) DOLLARSfor the purpose of investigating and making
recommendations for the purchase of real estate and for obtaining various
clerical, professional, legal, appraisal and engineering services, 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)
POLICE COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO. 19: To see if the Town will vote to raise and appropriate
and/or 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 Police Officers, or to take
any other action relative thereto .
(Majority Vote Required) (Board of Selectmen)
SEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO, 20; To see if the Town will vote to raise and appropriate and/or
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 254, or to take any other action relative thereto .
( Majority Vote Required) (Board of Selectmen)
OPEIU, UNITSA & B, COLLECTIVEBARGAININGAGREEMENT
ARTICLE NO, 21: To see if the Town will vote to raise and appropriate
and/or 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)
IAFF COLLECTIVE BARGAINING AGREEMENT
ARTICLE NO, 22; To see if the Town will vote to raise and appropriate
and/or 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 )
NON-UNION PERSONNEL WAGE FUNDING
ARTICLE NO. 23; To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to fund wage and salary
adjustments for eligible employees covered by the Personnel Bylaw and other
non-union employees, effective July 1, 2003, or to take any other action relative
thereto .
(Majority Vote Required) (Board of Selectmen)
CONSERVATION RESTRICTIONIQUIVETT CREEKAND PAINES CREEK
ARTICLE NO. 24; To see if the Town will authorize the Board of
Selectmen and/or the Conservation Commission to grant a perpetual
conservation restriction under M . G . L. Chapter. 184, Sec. 31-33 to the
Massachusetts Department of Fisheries, Wildlife and Environmental Law
Enforcement, or its successor agency, over land described more particularly
below :
a) the parcels owned by the Town of Brewster along Quivett Creek and
shown on Brewster Assessor's Map 21 as Lot 3, and Map 1 as the
Westerly portion of Lot 1, which parcels are described in an Order of
Taking by the Town dated June 1 , 1970 and recorded in the Barnstable
County Registry of Deeds in Book 1476 Page 428 and in a deed from
Charles E. Johnson dated October 11, 1974 and shown as Document No.
191537 on Land Court Certificate No . 63288 registered in the Barnstable
Land Registry District; said parcels together being shown as Area B on a
plan of land recorded in Miscellaneous Tube No . 158, Sheets 1 and 2 in
the Barnstable Registry of Deeds; and,
b) the property owned by the Town of Brewster at Quivett and Paines
Creeks shown on a plan of land recorded in the Barnstable County
Registry of Deeds in Plan Book 164 Page 3 and shown as the Easterly
portion of Lot 1 on Brewster Assessor's Map 1, which parcel is described in
an Order of Taking by the Town dated July 14, 1961 and recorded in
Deeds Book 1123, Page 170, excluding therefrom, however, the
approximately 30 . 9 acres of upland on said parcel identified as "Wing 's
Island" on said plan of land and Assessor's Map;
said property being affected by this Article totaling approximately 188 . 2 acres of
marsh, more or less; and that the Selectmen are authorized, if necessary, to
petition and obtain approval for this transaction from the Massachusetts General
Court in accordance with Article 97 of the Amendments to the Massachusetts
Constitution, or to take any other action relative thereto.
( Majority Vote Required) (Board of Selectmen)
ZONING BYLAWAMENDMENTS/CELL TOWERS
ARTICLE NO. 25.o 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 the current Section 179-40 . 1, "Communications
Towers;' and substituting therefor the following new Section 179 .40 . 1 :
Section 179-40. 1 Personal Wireless Services and Communication
Facilities Bvlaw
Section 179-40 . 1 . 1 Purpose and Intent
It is the express purpose of this By-law to minimize the visual and environmental
impacts of Personal Wireless Services and Communication Facilities, hereinafter
referred to as PWSCFs, to further the conservation and preservation of
developed, natural , and undeveloped areas, wildlife, flora, and habitats for
endangered species; the preservation of coastal resources; protection of the
natural resources of the town; balanced economic growth; the provision of
adequate capital facilities; the coordination of the provision of adequate capital
facilities with the achievement of other goals; and the preservation of historical,
cultural, archaeological , architectural and recreational values.
Section 17940. 1 . 2 Consistencv with Federal Law
This bylaw is intended to be consistent with state and federal law and, in
particular, The Telecommunications Act of 1996, 47 U .S. C.A. § § 151 et seq, in
that :
A. They do not prohibit or have the effect of prohibiting the provision
of PWSCF Services;
B. They are not intended to be used to unreasonably discriminate
among providers of functionally equivalent Services; and
C. They do not regulate Wireless Telecommunication Services on the
basis of the environmental effects of radio frequency emissions to
the extent that the regulated services and Facilities comply with the
FCC's regulations concerning such emissions.
47 U .S.C. §§332(c)(7)(b) .
Section 179-40. 1 . 3 Definitions and Word Usaae
As used in this Bylaw, the following terms shall have the meanings indicated
below. The word "shall " or "will" indicate mandatory requirements. Terms and
words not defined herein but defined in the Brewster Town Code, Chapter 179,
"Zoning ", or in the Commonwealth of Massachusetts State Building Code shall
have the meanings given therein unless a contrary intention clearly appears .
Words not defined in either place shall have the meanings given in the then most
current edition of the Webster's Unabridged Dictionary.
Act The Telecommunications Act of 1996, 47 U .S. C.A. § § 151 et seq .
Adequate Capacity Capacity is considered to be "adequate" if the Grade
of Service is p. 05 or better for at least 50% of the days in a preceding month,
prior to the date of Application, as measured using direct traffic measurement of
the telecommunications facility in question, where the call blocking is due to
frequency contention at the antenna(s) .
Adequate Coverage For traditional cellular service or PCS service,
coverage is considered to be "adequate" within those areas surrounding a Base
Station where the predicted or measured median field strength of the
transmitted signal is greater than -90dBm . It is acceptable for there to be holes
within the area of Adequate Coverage where the signal is less than -90dBm, as
long as the signal regains its strength to greater than -90dBm further away from
the Base Station . For the limited purpose of determining whether the use of a
Repeater is necessary or desirable, there shall be deemed not to be Adequate
Coverage within said holes. The outer boundary of the area of Adequate
Coverage, however, is that location past which the signal does not regain
strength of greater than -90dBm . For services other than traditional cellular or
PCS service, the SPGA will determine what is adequate coverage from time to
time based on the evidence presented, which may include by shall not be limited
to then-current industry standards and government standards or materials.
Co- Location The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on an existing building or
structure by more than one carrier.
Communication Facility Any facility which supports or contains
communication equipment, antenna, wiring or equipment for the purpose of
broadcasting or receiving radio frequency waves and/or generating or detecting
electromagnetic radiation, including but not limited to buildings, microwave
transmitting and/or receiving antennas, microwave reflectors, broadcasting
antennas and cable television antennas. Structures supporting equipment
transmitting only visible light or used to support the equipment of a federally
licensed amateur radio operator are excluded from this definition .
Equipment Shelter An enclosed structure, cabinet, shed or box at the
base of the mount within which are housed batteries and electrical equipment.
Fall Zone The area on the ground within a prescribed radius from the base of
PWSCF. The fall zone is the area within which there is a potential hazard from
falling debris (such as ice) or collapsing material and, in the case of Towers, shall
not be less than a radius equal in distance to the height of the tower.
Federal Communication Commission (FCC) The government agency
responsible for regulating telecommunications in the United States.
Licensed Carrier A company authorized by the FCC to construct and
operate a commercial mobile radio services system .
Personal Wireless Services The three types of services defined by the FCC
in the Act as personal wireless services : i ) commercial mobile radio services; ii)
unlicensed wireless services; and iii) common carrier wireless exchange access
services.
Personal Wireless Services Facility Any facility used or to be used for
the provision of personal wireless services including, but not limited to, buildings,
antennas, telecommunication equipment, communication towers, monopoles or
other support structures, constructed, installed or operated, or to be constructed,
installed or operated, for the purpose of providing personal wireless services.
Repeater A low-power received/relay transmitter generally of less than 20
watts output designed to provide service to areas which are not able to receive
Adequate Coverage directly from a Base Station ,
Site, PWSCF The land that is, or will be, temporarily or permanently
altered during the construction and use of any PWSCF, including the Fall Zone .
The applicant shall offer proof of ownership of the Tower Site or control of said
Site via an existing, lawful easement, lease, license or land use agreement.
Special Permit Granting Authority (SPCA) The Brewster Planning
Board shall be the Special Permit Granting Authority for purposes of this bylaw.
Tower A support structure proposed to support PWSCF antenna(s) and
associated equipment, including but not limited to, the following :
I . Monopole Tower - The type of mount that is self-
supporting with a single shaft of wood,
steel, fiberglass, or concrete, and a
platform (or racks) for panel antennas
arrayed at the top .
2 . Guyed Tower - A monopole or lattice tower that is tied
to the ground or other surface by
diagonal cables.
3 . Lattice Tower - A type of mount that is self-supporting
with multiple legs and cross bracing of
structural steel .
Section 17940 . 1 .4 Personal Wireless Services and Communication
Facilities Overlav 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, as shown on the current Assessor's Map :
Map 44, Parcels: 81 91 10, 13, 15, 16, 17, 18, 18- 11 19, 19- 11 19-2119-31 21,
224, 22-2, 23, 24, 25, 27, 28, 29, 30, 30- 1, 33, 34, 344,
34-21 35, 37 .
Map 45, Parcels : 1, 2, 3, 7, 8, 9, 10, 11 , 12, 13, 14, 15, 16, 17, 18, 19, 20,
21 , 22-23, 22-24, 23, 24-21 , 24-221 24-281 25, 26, 27, 28,
30, 31 , 32, 32- 1 , 33, 33- 1 , 34, 3541 35-21 36, 37, 39, 39- 11
40, 41 , 42, 43, 44, 45, 45- 11 46, 5841 59, 66, 67, 68, 69,
70- 11 70-2, 71, 72, 76, 77, 78, 79, 80- 1, 80-2 .
Map 46, Parcels: 11 2, 31 41 51 6, 91 12- 11 12-21 12-3, 14- 1, 14-2, 31 , 32, 33,
34, 34-11 35, 39, 40, 41 , 41-21 55, 56, 57, 58, 81 .
Map 47, Parcels : 24, 25, 26, 27, 28, 29, 324 , 32-2, 32-3, 33, 35, 36, 37, 38,
42, 43, 46, 47, 48, 50, 51, 52, 58, 64, 90, 91 .
Map 52, Parcels: 1, 24, 2-2, 3, 6, 17, 18, 24, 26, 27, 29, 30- 1, 30-2, 70, 94
Map 53, Parcels : 3, 6- 11 641 6-6 .
The Industrial (I) District: All parcels located within said
District within the Town of
Brewster.
The Municipal Refuse District (MRD) : All parcels located within said
District within the Town of
Brewster.
All Town Owned Properties : All parcels currently owned by the
Town of Brewster, and any future
property acquisitions, provided
there are no legal restrictions or
restrictions on the title to prevent
or prohibit such development.
Section 179-40. 1 . 5 Use, Sitina, and Dimensional Regulations
40 . 1. 5. 1 Use Regulations.
All PWSCFs shall require a building permit and in all cases may be permitted only
as follows :
A. All PWSCFs under thirty-five (35') feet in height shall be allowed as
a matter of right in all districts.
B. Municipal PWSCFs are exempt from this Bylaw.
C. Any proposed PWSCF Towers and ground mounted PWSCFs in
excess of thirty-five (35) feet in height shall only be allowed in the
Personal Wireless Services and Communication Facilities Overlay
District, as identified in Section 179-40 . 1 .4, and only upon :
1 . Referral to the Cape Cod Commission for mandatory review;
2 . Pre-Filing Review by the Development Plan Review
Committee in accordance with Section 40 . 1 . 6 . 2 hereunder;
3 . Application and Issuance of a Special Permit by the Special
Permit Granting Authority;
4. Application and Issuance of a Building Permit from the
Building Commissioner;
5 . Proof of ownership of or control over the PWSCF Site via an
existing, lawful easement, lease, license or land use
agreement; and
6 . Any other required local, state and federal approvals.
D . PWSCFs may co-locate on any existing structure, including
buildings, guyed tower, lattice tower, monopole tower, electric
utility transmission tower, fire tower or water tower located in any
zoning district, and only upon :
1 . Pre-Filing Review and Approval by the Development Plan
Review Committee in accordance with Section 40 . 1 . 6 . 2
hereunder;
2 . Application and Issuance of a Special Permit by the Special
Permit Granting Authority in accordance with Section
40 . 1 . 6 .3 hereunder;
3 . Application and Issuance of a Building Permit from the
Building Commissioner;
4. Proof of ownership of or control over the Tower Site via an
existing, lawful easement, lease, license or land use
agreement; and
5 . Any other required local, state and federal approvals.
E. Teleports, as defined in this Article, are allowed only within the
Industrial (I) District, as located within the PWSCF Overlay District,
Town of Brewster.
40 . 1 . 5 . 2. Siting Regulations
A. PWSCFs shall be located on pre-existing structures, including but not
limited to buildings, existing guyed towers, lattice towers, monopole
towers, utility transmission towers, fire towers, water towers and related
facilities, unless the applicant demonstrates that there are no feasible pre-
existing structures. In particular, applicants are urged to consider use of
existing telephone and electric utility structures as sites for one or more
PWSCFs. Such installations shall preserve the character and integrity of
those pre-existing structures.
B. New facilities or structures shall be considered only upon a finding by the
SPGA that existing or approved facilities or structures cannot
accommodate the PWSCF proposed . The applicant shall have the burden
of proving there are no feasible existing structures upon which to locate .
C. If the applicant demonstrates that it is not feasible to locate on an existing
structure, PWSCFs shall be designed so as to be camouflaged to the
greatest extent possible and in accordance with any Design Standards
Regulations promulgated hereunder by the Planning Board .
D . PWSCFs shall be located so as to provide Adequate Coverage and
Adequate Capacity with the least number of PWSCFs which is technically
and economically feasible.
E. The use of Repeater(s) to assure Adequate Coverage, or to fill holes
within areas of otherwise Adequate Coverage, shall be encouraged .
F. To the extent lawful and feasible, all service providers shall co-locate on a
single tower. Towers shall be designed to structurally accommodate the
maximum number of foreseeable users (within a ten year period)
technically practicable. The applicant is required to document all co-
location tenants and provide a tower design indicating types and locations
of all facilities.
40. 1.5.3 Dimensional Requirements
Except as otherwise provided herein or in any subsequent regulations passed by
the Planning Board, the Height of PWSCFs shall be, as follows :
A. Height, New PWSCF Towers
PWSCF Towers may be allowed by Special Permit from the SPGA in the
Personal Wireless Services and Communication Facilities Overlay District,
as identified in Section 179-40 . 1 .4, and may be constructed to a height of
up to 200 feet AGL provided such towers are designed to accommodate a
minimum of six licensed carriers, up to 150 feet AGL if proposed to
accommodate a minimum of four licensed carriers, up to 135 feet AGL if
proposed to accommodate a minimum of three licensed carriers, up to
120 feet AGL if proposed to accommodate a minimum of two licensed
carriers, and up to 105 feet above natural ground elevation if proposed to
accommodate a minimum of one licensed carrier. Monopoles are the
preferred type of mount for such structures. Such structures shall comply
with all applicable Siting and Dimensional Requirements set forth in
Section 17940 . 1 . 5 . 2 and 179-40 . 1 . 5 . 3 and all applicable Performance
Standards Regulations set forth in any regulations promulgated by the
Planning Board .
Be Height, Ground Mounted Facilities
Proposed ground mounted PWSCFs may be allowed by Special Permit
from the SPGA in the Personal Wireless Services and Communication
Facilities Overlay District, as identified in Section 179-40 . 1 .4, provided
they shall not project higher than ten ( 10') feet above the average
building height within 300 feet or, if there are no buildings within 300
feet, ground mounted PWSCFs shall not project higher than ten ( 10') feet
above the average tree canopy height, measured from ground level . If
there are no buildings within 300 feet of the proposed site of the PWSCF,
all ground-mounted PWSCFs shall be surrounded by dense tree growth to
screen views of the facility in all directions. These trees may be existing
on the subject properly or planted on site .
C. Height, Side- and Roof- Mounted Facilities
Side- and Roof-Mounted PWSCFs shall not project more than ten ( 10' )
feet above the height of an existing building nor project more than ten
( 10') feet above the height limit of the zoning district in which the PWSCF
is located . PWSCFs may locate on the side or roof of a building that is
legally non-conforming with respect to height, provided that the PWSCF
does not project above the existing building height.
D . Height, Facilities Proposed to be Mounted on Existing Structures
New antennas for PWSCFs to be located on any of the following structures
existing on the effective date of this bylaw shall be exempt from the
height restrictions of this bylaw provided there is no increase in height of
the existing structure as a result of the installation of the PWSCF : i) guyed
towers; ii) lattice towers; iii) monopoles; iv) fire towers; or v) water
towers.
E . Height, Facilities Proposed to be Mounted on Existing Utility
Structures
New antennas located on any of the following existing structures as of the
effective date of this Bylaw shall be exempt from the height restrictions of
this bylaw, provided there is no more than a twenty (20 ) foot increase in
the height of the existing structure as a result of the installation of the
PWSCF and further provided that no such structure shall be permitted to
exceed 200 feet in total height above ground elevation : i) electric
transmission and distribution towers; ii) telephone poles; iii) similar
existing utility structures.
40 . 1. 5.4 Setbacks
All PWSCF and their equipment shelters shall comply with the building setback
provisions of the underlying zoning district in which the facility is located . In
addition, the following setbacks shall be observed :
A. The layout of any tower site shall be such that in the event the
tower shall fall, it shall fall within the confines of the tower site .
Be To ensure public safety, the minimum distance from the perimeter
of the PWSCF, including any guy wire, anchor or brace to any
property line, road or structure, business or institutional use, or
public recreational area shall be the Height of the PWSCF including
any antennas or appurtenances, plus 50 feet.
C. Towers and monopoles shall provide a minimum setback equal to
the Height of the structure plus one hundred feet ( 100 from any
residential zoning district.
D . In the event that an existing structure is proposed as a mount for a
PWSCF, a Fall Zone shall not be required, but the setback
provisions of the underlying zoning district shall apply.
Section 179-40. 1 .6 Application Procedures
40. 1.6. 1 Special Permit Granting Authority (SPCA)
A. The Special Permit Granting Authority for PWSCFs shall be the Brewster
Planning Board .
Be The SPGA shall not approve any application that does not comply with all
the requirements of this Bylaw. The Board does, however, have the right
to waive any part of this Bylaw without the requirement of a variance,
when it makes a specific finding that such a waiver would not be
detrimental to the public interest, cause the Town any expense, or be
inconsistent with the intent and purpose of this Bylaw.
C. The SPGA shall act in accordance with the standards and requirements set
forth herein and in accordance with the Massachusetts General Laws.
D. The SPGA shall open the public hearing on the application within sixty-five
(65) days of the filing of an application for Special Permit and shall issue a
decision within ninety (90) days following the date of the close of the
public hearing .
40. 1 . 6. 2. Pre-Application DPRC Hearing
Prior to filing a Special Permit Application with the SPGA, and after mandatory
review by the Cape Cod Commission, if required, the applicant shall request a
hearing before the Development Plan Review Committee (DPRC) for purposes of
discussing the proposed PWSCF in general terms and reviewing the relevant local
approvals required . The DPRC shall meet with the applicant under this section
within sixty-five (65) days following a written request submitted to the DPRC and
the Town Clerk. If the DPRC fails to schedule a pre-application hearing on a
project within said sixty-five (65) day period, the applicant may proceed with a
Special Permit application under this section without need for a pre-application
hearing . The applicant shall prepare sufficient preliminary architectural and
engineering drawings to inform the DPRC of the location of the proposed facility,
as well as, its scale and overall design . The DPRC shall issue a statement
containing any written recommendations or proposed alterations it recommends
be made to the proposal to better conform to the provisions of any town Bylaw
and which better serve the public interest. A written copy of the DPRC
statement must be included in the application to the SPGR.
17940 . 1.7 .0 Approval Criteria, Required Findings and Denials
40 . 1 . 7. 1 Approval Criteria
In reviewing all applications for Special Permits, the SPGA shall
utilize as approval criteria all applicable Use, Siting, Dimensional ,
and Setback Requirements set forth in Section 179-40 . 1 . 5, and any
applicable Regulations promulgated by the Planning Board pursuant
to Section 17940 . 10 herein .
40 . 1 . 7. 2 Required Findings for Issuance of Special Permit
The SPGA shall make the following applicable findings, with
appropriate reasoning, in writing, prior to the granting of any
Special Permit:
A. The applicant is not already providing Adequate Coverage
and/or Adequate Capacity to the Town of Brewster; and
B. The applicant is not able to use or modify for use any
existing structure or PWSCF located within or outside the
town, either with or without the use of Repeaters, to provide
Adequate Coverage and/or Adequate Capacity to the Town
of Brewster; and
C. The applicant has endeavored to provide Adequate Coverage
and Adequate Capacity to the Town of Brewster within the
least number of PWSCFs which is technically and
economically feasible; and
D . The applicant has agreed to rent or lease any available
space on the proposed PWSCF tower, under the terms of a
fair-market lease, with reasonable conditions and without
discrimination to other licensed providers; and
E. The proposed PWSCF will not have an undue adverse impact
on historic resources, scenic views, natural resources, and/or
residential property values; and
F. The applicant has agreed to implement all reasonable
measures to mitigate the potential adverse safety,
environmental, and aesthetic impacts of the PWSCF; and
G . The proposed PWSCF shall comply with current FCC
standards regarding emissions of electromagnetic radiation ;
and
H . The applicant has agreed to any maintenance and
monitoring requirements set forth in any Regulations
promulgated by the Planning Board ; and
I. The proposed PWSCF shall be camouflaged and screened to
the greatest extent possible to minimize adverse visual
impacts; and
J . The applicant meets the criteria set forth in Section 179-
40 . 1 . 5 and all performance standards and siting priority
requirements contained in any Regulations promulgated by
including but not limited to, performance standard regulations relative to design,
environmental, safety, access and utility standards, reconstruction or
replacement of existing towers, and modifications to existing PWSCFs, and
regulations governing monitoring and maintenance, abandonment and
discontinuance of use, and indemnification, insurance and fee requirements.
Public notice shall include publication of all proposed regulations in a newspaper
of general circulation in the town not less than twenty-one (21 ) days prior to
public hearing . Failure by the SPGA to promulgate such rules and regulations or
a legal declaration of their invalidity by a court of law shall not act to suspend or
invalidate the effect of this bylaw.
or to take any other action relative thereto .
(Two-thirds Vote Required) ( Planning Board )
ZONING BYLAWAMENDMENTS/ ACCESSORYDWELLING UNITS
ARTICLENO, 26; 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, by deleting the current Subsection
A(2), " l-Family Dwelling Unit" and substituting the following therefor:
R- R R- L R- M C- H V- B I MRD CT
(2) multiple, 1-family dwelling units, P P
provided the dwelling units are
attached to the structure
containing the permitted use and
the units meet other pertinent
requirements of this chapter and said
use is permitted in the underlying
district'
' Multiple single family dwelling units are permitted to be contained within
commercial structures located within the CH and VB districts, which commercial
structures are building used for any commercial or business activity uses
provided the following conditions are met: i) Any exterior alterations to the
existing structure shall be made within the footprint of the existing foundation
provided, however, that alterations outside the existing footprint may be made
solely for the purpose of providing ingress and egress to the dwelling unit; No
separate access to the dwelling unit shall be permitted on the front facade of the
commercial structure; ii) The number of off-street parking spaces for each
dwelling unit shall not be less than one; iii) The occupancy of each dwelling unit
shall be limited to the maximum occupancy requirements permitted under the
state building code and all other applicable state, local and federal codes; iv) The
number of dwelling units per each commercial structure shall be limited to one
per 750 square feet of available floor space; v) No dwelling unit shall be
permitted to be located below the ground floor of the commercial structure; vi)
No dwelling unit shall be permitted under this section without approval by the
Building Inspector that the requirements contained in this section have been
met, as evidenced by the issuance of a building permit. No occupancy shall
occur without an occupancy permit from the Building Inspector.
or to take any other action relative thereto .
(Two-thirds Vote Required) ( Planning Board )
ZONING BYLAWAMENDMENTS/PARKINGAND LOADING LOT
STANDARDS
ARTICLE NO, 27.m 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 179-21 , to add the following new
Subsection C :
C. In accordance with the intent of Section 179-67D(2) of this Zoning Bylaw,
any of the following parking and loading lot regulations and standards
contained in Sections 179-22 and 179-23 may be waived by the Planning
Board during a review under Article XII, the Corridor Overlay Protection
District Bylaw, without the requirement of a variance from the Zoning
Board of Appeals.
or take any other action relative thereto.
(Two-thirds Vote Required) (Planning Board )
ZONING BYLAW AMENDMENTS/STANDARD INDUSTRIAL
CLASSIFICATION MANUAL
ARTICLE NO, 28: 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 sentence of
Subsection 179-2A and replace it with the following :
" 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 then most current edition of the North American Industry
Classification System Manual published by the Executive Office of the
President, Office of Management and Budget. "
or to take any other action relative thereto .
(Two-thirds Vote Required) (Planning Board)
SKATEBOARD PARKINTERMUNICIPAL AGREEMENT
ARTICLENO. 29. To see if the Town will vote to raise and appropriate
and/or transfer from available funds the sum of FOUR THOUSAND TWO
HUNDRED AND 00/100 ($4,200,00) DOLLARSto assist in financing
operational costs with the Finch Skateboard Park, which provides a safe
recreational alternative for the youth of the Nauset School District, and to
expend such funds for this purpose, or to take any other action relative thereto .
( Majority Vote Required) (Citizen's Petition )
PROFESSIONAL SERVICES FOR NEW WATER SUPPLY WELL NO, 5
ARTICLE NO. 30; To see if the town will appropriate, by borrowing ,
taxation or otherwise, a sum of money to pay costs associated with test wells,
engineering, materials, and permitting and all other costs incidental and related
thereto, for the final testing and permitting of Well # 5 in the Southern Punkhorn,
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
this purpose or to take any other action relative thereto.
(Two-Thirds Vote Required) (Water Commission)
PRIVATE ROAD BETTERMENT PROJECT/COMMONS WAY
ARTICLE NO, 31: To see if the Town will vote to authorize the Board of
Selectmen to undertake a series of temporary road repairs to the following
roads :
• Commons Way
and furthermore, to authorize the Board of Selectmen to proceed with the
reconstruction of these ways after it has been determined that the provisions of
the Brewster Town Code, Chapter 157, Article VIII, Section No. 157-20 have
been satisfied ; to raise and appropriate, transfer from available funds, and/or to
obtain by borrowing a sum of money to pay for the costs of engineering,
construction, reconstruction, and related expenses in connection therewith ; to
authorize the Town Treasurer, with the approval 4f the Board of Selectmen, to
borrow a sum of money, under and pursuant to Massachusetts General Laws,
Chapter No . 44, Section No . 7 or any other enabling authority, and to issue notes
and bonds of the Town therefor; and, initially, to raise and appropriate and/or
transfer from available funds a sum of money, to be recovered through the
betterment assessments against the abutters, to pay the first year's principal and
interest expenses for this project, or to take any other action relative thereto .
(Two-Thirds Vote Required) (Citizens' Petition)
PRIVATE ROAD BETTERMENT PROJECT/MEETINGHOUSE VILLAGE
ARTICLE NO. 32; To see if the Town wilt vote to authorize the Board of
Selectmen to undertake a series of temporary road repairs to the following
roads :
• Wayside Drive
• Colonial Way
• Grist Mill Road
and furthermore, to authorize the Board of Selectmen to proceed with the
reconstruction of these ways after it has been determined that the provisions of
the Brewster Town Code, Chapter 157, Article VIII, Section No. 157-20 have
been satisfied ; to raise and appropriate, transfer from available funds, and/or to
obtain by borrowing a sum of money to pay for the costs of engineering,
construction, reconstruction, and related expenses in connection therewith; to
authorize the Town Treasurer, with the approval of the Board of Selectmen, to
borrow a sum of money, under and pursuant to Massachusetts General Laws,
Chapter No. 44, Section No . 7 or any other enabling authority, and to issue notes
and bonds of the Town therefor; and, initially, to raise and appropriate and/or
transfer from available funds a sum of money, to be recovered through the
betterment assessments against the abutters, to pay the first year's principal and
interest expenses for this project, or to take any other action relative thereto.
(Two-Thirds Vote Required) (Citizens' Petition)
PENSION FUND
ARTICLE NO, 33: To see if the Town will vote to raise and appropriate
and/or transfer from available funds a sum of money to add to the Pension Fund,
or to take any other action relative thereto .
( Majority Vote Required) ( Board of Selectmen)
STABILIZATION FUND
ARTICLE NO. 34; To see if the Town will vote to add a sum of money to
the Stabilization Fund and to raise and appropriate and/or transfer from available
funds a sum of money for this purpose, or to take any other action relative
thereto .
( Majority Vote Required ) ( Board of Selectmen )
ANYOTHER BUSINESS
ARTICLE NO. 35: To act on any other business that may legally come
before this meeting .
And you are hereby directed to serve this Warrant with your doings thereon to
the Town Clerk at the time and place of said meeting as aforesaid .
Given under our hand and Seal of the Town of Brewster affixed this
17th day of March, 2003 .
Greg�oo A. L(vasseur, Chairman
Robert. B . irsc man, Vice- Chairman
John Mitchell
Peter G . Norton, Clerk
And you are hereby directed to serve this Warrant with your doings
thereon to the Town Clerk at the time and place of said meeting as aforesaid .
I. Roland W. Bassett, duly qualified Constable for the Town of
Brewster, hereby certify that I served the Warrant for the Annual Town Meeting
of May 5, 2003 by posting attested copies thereof, in the following locations in
the Town on the day of March, 2003 .
Brewster Town Offices
Brewster Farm Market
Brewster Ladies Library
Brewster Pizza House
The Brewster Store
Millstone Liquors
U . S . Post Office .
41"andW. ��, ��
Bassett, Constable