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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