HomeMy Public PortalAbout2017-11-13-Special Town Mtg Warrant TOWN OF BREWSTER SPECIAL TOWN MEETING NOVEMBER 13, 2017
Barnstable, ss
To: Roland W. Bassett,Jr. Constable of the Town of Brewster
Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and
inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the
Cafeterium at the Stony Brook Elementary School, 384 Underpass Road, on Monday,
November 13, 2017, next, at 7:00 p.m. o'clock in the evening,then and there to act upon the
following articles:
UNPAID BILLS
ARTICLE NO. 1:To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to an applicable statute or transfer from available funds for the payment, pursuant to
Chapter 44 Section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal
years, including any bills now on overdraft, or to take any other action relative thereto.
(Board of Selectmen) (Nine-tenth Vote Required)
Motion: Move that One Thousand Five Hundred Nineteen Dollars and Forty Five Cents
($1,519.45) be appropriated from Free Cash to pay the General Fund unpaid bills from prior
fiscal years as listed in the warrant.
Department Vendor Amount
a. Information Technology Bonsai Logic $1,199.95
b. Public Works Mighty Flame/Jet Gas $319.50
Total $1,519.45
BUDGETARY TRANSFERS
ARTICLE NO. 2: To see what sums the Town will vote to transfer into various line items of the
Fiscal Year 2018 General Fund operating budget from other line items of said budget and from
other available funds, or to take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Motion: Move that the amounts listed below be transferred between the various Fiscal Year
2018 funds, accounts, and expenditures as listed in the warrant.
FROM TO AMOUNT
a General Fund Free Cash Ambulance Reserve Fund $125,709.52
b General Fund Free Cash Golf Department Reserve $22,323.90
Fund
c General Fund Free Cash Cable Franchise Fee $53,709.14
CAPITAL AND SPECIAL PROJECTS EXPENDITURES
ARTICLE NO. 3: To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute or transfer from available funds, for the purposes of capital
expenditures for the offices, departments, boards, committees, and commissions of the Town
of Brewster, or to take any other action relative thereto.
(Board of Selectmen) (Two Thirds Vote)
Motion: Move that the following amounts be appropriated for the following capital outlay
expenditures, with all such expenditures to be made by the Town Administrator with the
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Approval of the Board of Selectmen; authorize leases for more than three years for those items
to be leased, and further that the Town Administrator with the approval of the Board of
Selectmen is authorized to sell, convey,trade-in or otherwise dispose of equipment being
replaced as follows:
Department Item Funding Source(s) Amount
1 Board of Selectmen
a. Coastal Committee— Professional services Transfer$17,375 $17,375
Development of a associated with from General Fund
Coastal Resource developing a coastal Free Cash
Management Plan resource management
plan, including any
incidental and related
costs
Sub Total $17,375
2 Department of Public Works
a. Road Professional services, Transfer$75,000 $75,000
Maintenance/Drainage including engineering, from General Fund
permitting and Free Cash
construction costs
associated with road
maintenance and
drainage on various
streets throughout
Town, including any
incidental and related
costs
b. Skid Steer&Skid Steer Costs associated with Transfer$25,000 $85,000
Trailer replacing and from Article 3 of the
procuring a Skid Steer November 14, 2016
& a Skid Steer Trailer Special Town
Meeting and $60,000
from General Fund
Free Cash
c. Street Sweeper Costs associated with Transfer$40,000 $200,000
repairing a street from Article 3 of the
sweeper November 14, 2016
Special Town
meeting and
$160,000 from
General Fund Free
Cash
Sub Total $360,000
3 Fire Department
a. Thermal imaging Costs associated with Transfer$35,000 $35,000
cameras (4) replacing and from General Fund
procuring four thermal Free Cash
imaging cameras
b. Emergency Costs associated with Transfer$10,000 $10,000
Management Expense professional training, from General Fund
purchasing and Free Cash -
maintaining Emergency
Management related
equipment including
personnel time/wages
associated with
Emergency
Management
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Response, and to
authorize the Town
Accountant to allocate
the appropriation
made hereunder to
appropriate line items
c. Ambulance Lease Costs associated with Transfer$75,000 $75,000
the first year payment from Ambulance
of a five year lease to Reserve Fund
replace and procure
one ambulance and
related equipment
Sub Total $120,000
4 Natural Resources
a. Sign Replacement Costs associated with Transfer$20,000 $20,000
replacing and from General Fund
procuring signs Free Cash
b. Replace 4 x 4 Truck Costs associated with Transfer$42,000 $42,000
the procurement of from General Fund
one (1) 4 x 4 truck and Free Cash
related equipment
Sub Total $62,000
5 Ladies Library
a. Building repairs Costs associated with Transfer$30,000 $30,000
procuring, repairing from General Fund
and any other related Free Cash
costs to building
repairs of the Brewster
Ladies Library
Sub Total $30,000
Grand Total $589,375
COMMUNITY PRESERVATION ACT/Reallocation of Fund Balance
ARTICLE NO.4: To see what sums the Town will vote to transfer into the Community
Preservation Fund reserved and unreserved fund balances to turn back the unspent remainder
of projects approved in prior fiscal years so that such sums are available for future
appropriation, or to take any other action relative thereto.
(Community Preservation Committee) (Majority Vote Required)
Motion: Move that the unspent remainder of projects in prior years as listed below be
transferred between the various accounts as follows:
Item # From: To: Amount
1 Article 6 of the May 2016 Reserved Fund Balance— $118,000
Special Town Meeting Community Housing
Housing Harwich
Ecumenical Council for the
Homeless (HECH) Grant/
Loan Program
2 Article 6 of the May 2016 Reserved Fund Balance— $14,077
Special Town Meeting Community Preservation
Babe Ruth Baseball Field
Rehabilitation
Total $132,077
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RESCIND DEBT AUTHORIZATION
ARTICLE NO. 5: To see what action the Town will take to amend, appropriate or re-appropriate,
transfer, modify, repeal or rescind unused borrowing authority authorized by previous town
meetings, or take any action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Motion: Move that the unused borrowing authority for the following projects be rescinded:
DEPARTMENT ITEM ARTICLE/TOWN AMOUNT TO BE
MEETING RESCINDED
Town Administration Integrated Water Article 8 of the May $75,000.00
Resources 2016 Annual Town
Management Meeting
Planning
Library Library Parking Lot Article 2 of the $6,000.00
September 2015
Special Town
Meeting
Public Works DPW HD Article 4 of the May $282,000.00
Compactors, Closed 2016 Special Town
Top Cans & Roll Off Meeting
Container Truck
Golf Workman Utility Article 2 of the $10,097.20
Vehicles September 2015
Special Town
Meeting
GRANT OF UTILITY EASEMENTS/Fire Station
ARTICLE NO. 6: To see if the Town will vote to authorize the Board of Selectmen to grant to
NSTAR Electric Company d/b/a EVESOURCE ENERGY and Verizon New England and/or other
utility providers, in consideration of the sum of$1.00 and upon such terms and conditions as
the Board deems appropriate, permanent electric and telecommunications easements to install
and maintain equipment in, on ,under and over the Town-owned property located on Main
Street, identified on the Towns' Assessors' Map 56 as Parcel 6, and further identified by deed
recorded at the Barnstable County Registry of Deeds in Book 1270, on Page 163, in order to
provide services to the Town's Fire Station, located thereon, or to take any other action relative
thereto.
(Board of Selectmen) (Majority Vote Required)
Motion: Move to approve as printed in the warrant.
CAPTAINS GOLF COURSE RESTAURANT LEASE
ARTICLE NO. 7: To see if the Town will vote to authorize the Town Administrator to solicit
proposals and enter into a contract for the lease of the restaurant facilities at the Captains Golf
Course for up to a five year period, or to take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Motion: Move to approve as printed in the warrant.
LAND ACQUISITION
ARTICLE NO. 8: To see if the Town will vote to authorize the Board of Selectmen to acquire, by
purchase,for conservation and/or passive recreation purposes under the provisions of G.L. Ch.
40, Section 8C, Ch. 40, Sections 39B and 41, and Article 97 of the Articles of Amendment of the
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Massachusetts Constitution, a parcel of vacant land located at 375 Paines Creek Road,
containing.95 acres, more or less, described in a deed recorded with the Barnstable Registry of
Deeds in Book 29352, Page 338, with the care, custody, control and management of such parcel
to be vested with the Conservation Commission, subject to easements to use portions of the
property for access and parking purposes;to raise and appropriate,transfer from available
funds, without limitation, from the Community Preservation Fund,the sum of money for the
foregoing acquisition,further,to authorize the Board of Selectmen and/or the Conservation
Commission to apply for, accept and expend any funds that may be provided by public or
private sources to defray all or a portion of the costs of said acquisition, which grants and/or
funds so received shall be used to repay all or a portion of the sum transferred from the
Community Preservation Fund hereunder; and to authorize the Board of Selectmen and/or the
Conservation Commission to grant to the Brewster Conservation Trust or any other qualified
organization a perpetual conservation restriction pursuant to the provisions of G.L. Ch. 184,
Sections 31-33, in compliance with G.L. Ch. 44B, Section12(a), protecting the property for the
purposes for which it is acquired; and, further to enter into all agreements and execute any and
all instruments as may be necessary or convenient to effectuate the foregoing purposes, or
take any other action relative thereto.
(Community Preservation Committee) (Majority Vote Required)
Motion: Move that the Board of Selectmen is hereby authorized to acquire, by purchase,for
conservation and/or passive recreation purposes under the provisions of G.L. Ch. 40, Section
8C, Ch. 40, Sections 39B and 41, and Article 97 of the Articles of Amendment of the
Massachusetts Constitution, a parcel of vacant land located at 375 Paines Creek Road,
containing .95 acres, more or less, described in a deed recorded with the Barnstable Registry of
Deeds in Book 29352, Page 338, with the care, custody, control and management of such parcel
to be vested with the Conservation Commission, subject to easements to use portions of the
property for access and parking purposes; and to appropriate and transfer the sum of Ninety
Seven Thousand Five Hundred Dollars ($97,500)from the Community Preservation Fund
Balance Reserved for Open Space and the sum of Ninety Seven Thousand Five Hundred Dollars
($97,500)from the Community Preservation Fund Balance Reserved for Community
Preservation for such acquisition.
Further,the Board of Selectmen and/or the Conservation Commission are hereby authorized to
apply for, accept and expend any funds that may be provided by public or private sources to
defray all or a portion of the costs of said acquisition, which grants and/or funds so received
shall be used to repay all or a portion of the Community Preservation Fund; and the Board of
Selectmen and/or the Conservation Commission are hereby authorized to grant to the Brewster
Conservation Trust or any other qualified organization a perpetual conservation restriction
pursuant to the provisions of G.L. Ch. 184, Sections 31-33, in compliance with G.L. Ch. 44B,
Section12(a), protecting the property for the purposes for which it is acquired; and to enter into
all agreements and execute any and all instruments as may be necessary or convenient to
effectuate the foregoing purposes.
LAND ACQUISITION/Community Preservation Act
ARTICLE NO. 9: To see if the Town will vote to authorize the Board of Selectmen to acquire, by
purchase,for conservation, watershed protection and/or passive recreation purposes under the
provisions of G.L. Ch. 40, Section 8C, Ch. 40,Sections 39B and 41, and Article 97 of the Articles
of Amendment of the Massachusetts Constitution, a parcel of vacant land located off Slough
Road, containing 27 acres, more or less, described in a deed recorded with the Barnstable
Registry of Deeds in Book 444, Page 456, with the care, custody, control and management of
such parcel to be vested with the Conservation Commission;to raise and appropriate,transfer
from available funds, including,without limitation, the Community Preservation Fund the sum
of money for the foregoing acquisition and costs incidental or related thereto, including,
without limitation, costs of appraisal, grant applications, grant compliance and other costs;
further,to authorize the Board of Selectmen and/or the Conservation Commission to apply for,
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accept and expend any funds that may be provided by the Commonwealth or other public or
private sources to defray all or a portion of the costs of said acquisition, including, but not
limited to, grants and/or reimbursement from the Commonwealth under the Self-Help Act, G.L.
Ch. 132A, Section 11 (now, so-called LAND grants), which grants and/or funds so received shall
be used to repay all or a portion of the sum transferred from the Community Preservation Fund
hereunder; and to authorize the Board of Selectmen to grant to the Brewster Conservation
Trust or any other qualified organization a perpetual conservation restriction pursuant to the
provisions of G.L. Ch. 184, Sections 31-33, in compliance with G.L. Ch. 44B, Section12(a),
protecting the property for the purposes for which it is acquired, and to enter into all
agreements and execute any and all instruments as may be necessary or convenient to
effectuate the foregoing purposes, or take any other action relative thereto.
(Community Preservation Committee) (Majority Required)
Motion: Move that the Board of Selectmen is hereby authorized to acquire, by purchase,for
conservation, watershed protection and/or passive recreation purposes under the provisions of
G.L. Ch. 40, Section 8C, Ch. 40, Sections 39B and 41, and Article 97 of the Articles of
Amendment of the Massachusetts Constitution, a parcel of vacant land located off Slough Road,
containing 27 acres, more or less, described in a deed recorded with the Barnstable Registry of
Deeds in Book 444, Page 456, with the care, custody, control and management of such parcel to
be vested with the Conservation Commission;to appropriate and transfer Four Hundred Thirty
Two Thousand Dollars ($432,000)from the Community Preservation Fund Open Space Reserve
and Eighteen Thousand Dollars($18,000)from Free Cash for the foregoing acquisition and
costs incidental or related thereto, including, without limitations, costs of appraisal, grant
applications, grant compliance and other costs;
Further the Board of Selectmen and/or the Conservation Commission are hereby authorized to
apply for, accept and expend any funds that may be provided by the Commonwealth or other
public or private sources to defray all or a portion of the costs of said acquisition, including, but
not limited to, grants and/or reimbursement from the Commonwealth under the Self-Help Act,
G.L. Ch. 132A, Section 11 (now, so-called LAND grants), which grants and/or funds so received
shall be used to repay all or a portion of the sum appropriate and transfer from the from the
Community Preservation Fund Open Space Reserve hereunder; and the Board of Selectmen
and/or the Conservation Commission are authorized to grant to the Brewster Conservation
Trust or any other qualified organization a perpetual conservation restriction pursuant to the
provisions of G.L. Ch. 184, Sections 31-33, in compliance with G.L. Ch. 44B, Section12(a),
protecting the property for the purposes for which it is acquired and to enter into all
agreements and execute any and all instruments as may be necessary or convenient to
effectuate the foregoing purposes.
ZONING BYLAW AMENDMENT/Marijuana Establishments
ARTICLE NO. 10: To see if the Town will vote to amend Chapter 179 of the Brewster Town
Code, Zoning,Article IX, Special Regulations, Section 179-38.1 by adding a new Section, 179-
38.2, Marijuana Establishments,that would provide as follows, and further to amend the Table
of Contents to add Section 179-38.2, "Marijuana Establishments":
§ 179-38.2 Marijuana Establishments
Consistent with G.L. c.94G, § 3(a)(2), all types of non-medical "marijuana establishments" as
defined in G.L. c.94G, § 1, including marijuana cultivators, independent testing laboratories,
marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-
related businesses, shall be prohibited within the Town of Brewster.
Or to take any other action relative thereto.
(Board of Selectmen) (Two Thirds Vote Required)
Motion: Move to approve as printed in the warrant.
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ZONING BYLAW AMENDMENT/Temporary Moratorium on Recreational Marijuana
Establishments
ARTICLE NO. 11: To see if the Town will vote to amend Chapter 179 of the Brewster Town
Code, Zoning,Article IV, Use Regulations, Section 179-14 by adding a new Section 179-14,
"Temporary Moratorium on Recreational Marijuana Establishments", that would provide as
follows, and further to amend the Table of Contents to add Section 179-14, "Temporary
Moratorium on Recreational Marijuana Establishments":
§ 179-14 Purpose
On November 8, 2016,the voters of the Commonwealth approved a law regulating the
cultivation, processing, distribution, possession and use of marijuana for recreational purposes
(new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically
Prescribed). The law, which allows certain personal use and possession of marijuana,took
effect on December 15, 2016 (as amended on December 30, 2016 by Chapter 351 of the Acts of
2016 and thereafter, on July 28, 2017 by Chapter 55 of the Acts of 2017) requires a Cannabis
Control Commission to issue regulations regarding the licensing of commercial activities by
March 15, 2018 and to begin accepting applications for licenses no later than April 1, 2018.
Currently under the Zoning Bylaw, a non-medical Marijuana Establishment (hereinafter, a
"Recreational Marijuana Establishment"), as defined in G.L. c. 94G § 1, is not specifically
addressed in the Zoning Bylaw. Regulations to be promulgated by the Cannabis Control
Commission may provide guidance on certain aspects of local regulation of Recreation
Marijuana Establishments. The regulation of recreation marijuana raises novel legal, planning
and public safety issues, and the Town needs time to study and consider the regulation of
Recreation Marijuana Establishments and address such issues, as well to address the potential
impact of the State regulations on local zoning and to undertake a planning process to consider
amending the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments. The
Town intends to adopt a temporary moratorium on the use of land and structures in the Town
for Recreational Marijuana Establishments so as to allow sufficient time to address the effects
of such structures and uses in the Town and to enact bylaws in a consistent manner.
§ 179-14.1 Definition
"Recreational Marijuana Establishment" shall mean a "marijuana cultivator, independent
testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of
licensed marijuana-related business."
§ 179-14.2 Temporary Moratorium
For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to
the contrary,the Town hereby adopts a temporary moratorium on the use of land or structures
for a Recreational Marijuana Establishment and other uses related to recreational marijuana.
The moratorium shall be in effect through December 31, 2018. During the moratorium period,
the Town shall undertake a planning process to address the potential impacts of recreational
marijuana in the Town, and to consider the Cannabis Control Commission regulations regarding
Recreational Marijuana Establishments, and shall consider adopting new Zoning Bylaws in
response to these new issues.
Or to take any other action relative thereto.
(Board of Selectmen) (Two Thirds Vote Required)
Motion: Move to approve as printed in the warrant.
Page 7 of 16
ZONING BYLAW AMENDMENT/Site Plan Review
ARTICLE NO. 12: To see if the Town will vote to amend Chapter 179 of the Brewster Town Code,
Article XII, Site Plan Review to reflect changes to the following sections (deleted text is
+riket"r^, ^", new text is bold and underlined):
§ 179-63 Purpose - The purpose of this article is the protection of public health, safety and
welfare through the preservation of the Town's tFai;speFtati„n ^nrri,dnrs aR d nrn+n^+inn .,f its,
historic and cultural character for the residents and visitors of the Town of Brewster.die ;
tThe site plan review process assures that the development site functions in a logical fashion
with minimal impacts. Thp C'+n PI;;m D.,.,i.,.., of. ,deyelepmen+ ^+iyi+ies ree duce the peteRtial
A,_1MhPr of . ehi£FI'r t r•n5-a-lrong the Town'sread systems, th eT c" r ed a c i..., saR a
;n nr.,,,inrt safety. The adoption of these standards (§179-64)fee tFanspeFtatien, aGeess, ..aFkinn,
lan,dsGapinn and app-c,-Fa -Ge ensures that future development will not degrade the existing
character of the Town's Feadways and surroundings and will maintain or enhance transportation
flow and the ability of the ^^rrid_A_Fs to seFye as help preserve the Town's character and cultural
assets for the residents and visitors of the Town of Brewster.
§ 179-64 Applicability.
In addition to any other permits required, the following development activities shall require a
Site Plan Review s^^^i^l n^rmi+from the Planning Board:
A. Any development required to undertake staff review pursuant to § 83-3A of the General
Bylaws.
B.The establishment of any new commercial, industrial, mixed-use or multifamily use.
C. For existing commercial, industrial, or multifamily uses, any increase of floor area by more
than 500 square feet through either a new principal building, a new accessory building, or an
addition to a preexisting building. shall be alle-we d eRly if gFaRt^,d ^ speei,�l Hermit in
.,^„^r,d.,n^n wi+" +"is §479_66 end § 1�9-5�
D.A change of use of an existing structure or lot from its current use to any other commercial,
industrial, or multifamily use specified in the Table of Uses, § 179-11. HE)weVeF ".,n„^ of
he.m.e ercrulupatien sh--;l nn+ FequiFe ^ special norm i+
E.An increase in lot coverage by 10% or more associated with any pFevieusly develeped
existing commercial, industrial, or multifamily use.
§ 179-65 Regulations.
A. The spcsial peFMit gr2n+ing autheFity (coGI\) fhall ba-t#c P12nning Beard.
R The Planning ge ,d shall net gFan+ al nnrmi+ under th -- er+iEk-until 2 pr^inet r irnrl
to uRdeFge stA Fev , has r nlete d that nrnnaes
G. A. If the site plan meets the requirements of this article,the Planning Board shall approve it.
NA_t;.,i+"_+aR diHg the faFeg+ipg-, Such approval may include reasonable conditions te enswe
+" ,+ rn,r^n "l£ mc-a5ures.to ensure the site plan standards (§179-66) are satisfied. a-re
implemented tri nrn.,i,de fr\r seFeeR flg-- f p:.rking arneaas-^eF athor pzrtc of the nrnmises,fee
parking aFea.r and drivewayswill be of iieien+ly•,n,d safely,dispel d of"., R4eanom "f^ Nrep?f
dr,in ,Rn s.,s+^m we spa,ifin,d in the PI^nninb ,tThe Planning Board
cannot deny approval of a site plan for a use which is allowed by right (not by special permit) in
Page 8 of 16
the district but may impose reasonable conditions on the proposed use.The Planning Board
may not impose conditions, ^^ the ffan+ of a spesial permit the implementation of which
would be contrary to any requirement of this bylaw or require a variance from it or any other
applicable pFeViSiOR Of bvlaw.
Q. B. If the project proponent needs beth c spec* per-mit fre.mthe Planning BeaFd ,ct!ng ung
this 4rtisle-and a special permit from the Board of Appeals acting under Article VIII,
Nonconforming Uses, Structures and Lots, § 179-28, Change of nonconforming uses,
Subsection A the proponent may file a single, combined special permit application with the
Planning Board, and in those instances,the Planning Board is authorized to grant all special
permit relief in one proceeding. and deeisieR.. The proponent shall comply with all pertinent
requirements, and the Planning Board shall apply the appropriate criteria to the different
components of such an application.
§ 179-66 Site plan standards.
The purpose of these standards is to improve roadway safety and internal site circulation,
aesthetics and retention of historic character.All uses requiring a special ^^~'~`i+Site Plan Review
under this article shall meet the following standards .
A.Transportation standards.
(1) Proposed uses shall not degrade the existing levels of service of surrounding roads and
intersections below level of service (LOS) C, defined by the Transportation Research Board's
Hiehwav Caoacitv Manual, based on summer peak-hour traffic volumes.The proponent shall
demonstrate that the proposed use shall maintain level of service (LOS) C. If the existing level of
service is presently below LOS C, or if the LOS with the new use would fall below LOS C,the
Planning Board may require a traffic study that would indiGate identifv ways to maintain
improve LOS or mitigate impacts to the satisfaction of the Board. iw,^�^�•^ ^^-f^.-m aRc;e
iRdiGae,T The anal shall b e peFfe,=rrred u J:n g .h e Highway G Gity Nionucl p•w b I�_-"^d by the
spar c-,,47' 3n Res^,-^" RA_ar J. Y^Jhzn the eXistingLOS is belew-E,the-PFGpGn nt shall mci:ataiR
a.i peFfermanrUe ^theater-s
(2) Driveways shall be designed to provide exiting motorists with safe sight distance. Sight
distance at aRy dFiveway „ing at least 29 trip-- p yo all driveways shall meet American
Association of State Highway and Transportation Officials standards as well as those set forth in
Brewster's Sight Line Bylaw (Chapter 157, Article VI, of the Town Code).
B.Trip re, uGtin^ st.,nd- Fds _CILAII new commercial development where the proiect is
expected to increase traffic by 20 or more dailv trips, retail and &ervlee uses and wholesale
and nufaetuFing us (see § 179-11,Table 1, Use Regulations)['] shall prepare a trip
reduction plan as a eeRditi or i&:.,tins^ of a speeial .,nF fflit. The trip reduction plan shall
describe traffic impact mitigation strategies designed to reduce traffic generation and may
include strategies such as company-sponsored carpooling/vanpooling, bicycle and pedestrian
incentive measures, and/or variable work hour or flextime programs.The applieaRt shall also
mese nt-a plan fo.future . ..f.r cei eTr+ af-prep esed +mp-=ed cctiernTreasurc-a-fvniivvirrspe
issuanGe.
Q B. Access standards.
(1)The number of curb cuts on Route 6A, Route 124, Route 137, Underpass Road and Tubman
Road shall be minimized.To the extent feasible, access to businesses shall be provided through
one of the following means:
(a)Access through a common driveway serving adjacent lots or premises;
(b)Access through an existing side or rear street; or
(c)Access through a cul-de-sac or loop road shared by adjacent lots or premises.
Page 9 of 16
(2)The special permit gFaRtine a Htherit�i Planning Board mays allow reduced setback
requirements to accommodate joint driveways in cases where it is deemed advantageous to
the Town.
(3) Existing businesses are encouraged to consolidate existing access points, especially in cases
where separate parcels are assembled under one purpose, plan, entity or usage.
(4) Businesses shall be permitted one access driveway by right. Two driveways shall be
permitted only when deemed necessary by the SPCA Planning Board and shall be clearly
marked "entrance" and "exit."
(5) Internal circulation shall be provided,to the greatest extent possible, among adjoining
premises to encourage internal property-to-property pedestrian, bicycle and vehicular
movements. Site circulation shall have clarity from the driver's perspective, aided by simple
patterns and use of planting islands or other devices in larger circulation areas.
(6)Ai; eeeupaRey permit shill net he i«ued fern ed de„elepments raquiFing ace eJs en
state highway until a permaRont.^.tate n�r t porm it if; ��J�`rl -.nrl -.11 neeessaFy site
m,e.ements aFe nerrmnleted
(6) All necessary curb cut permits shall be obtained prior to issuance of a Certificate of
Occupancy by the Building Department.
(7) Pedestrian and bicycle circulation shall be provided for between the principal building and
the street and, where appropriate, cenneetien te aRy adjacent development Fe -S.
Pedes-tri-an :rid bi yele and=vcheelehair-aE6ess, wheFe pessihIe, shall be n idn I
developed fer uses ennn to the publie
(8) Driveway locations shall provide the maximum practicable separation between access
locations, using shared access where feasible.
(9) All access drives shall be separated by at least 120 feet in the C-H District and V-B District, as
measured between the center line of each access drive at the street line. This standard may
only be modified in cases where the SQA Planning Board believes it is in the best interest of
the Town to do so.
(34) A e ec-t FesultiRg in mere than 10V0;rehirle trips car day Fray be required to pFevide a
traffir, rtWid y to eutline the impacts and mitigatienc eppunities.
D. Parking design standards.
(1)The Town of Brewster recognizes that reliance on rigid parking and loading lot standards
precludes the development of parking lots that are sensitive to the Town's historic and rural
character. Yet, it also recognizes that some standards for parking and loading lot design are
required, provided that they can be administered with flexibility given the individual
requirements of development proposals and the parcels on which they are proposed.
(2)Through provisions of its special permit,the SQA Planning Board is authorized to relax any
and all of numerical standards established by § 179-22, Parking and loading requirement tables,
and by§ 179-23, Parking and loading lot standards, if the SPGA Planning Board finds that:
(a) Such relaxation will not conflict with the minimum standards established by this
article or the purpose of this article; and
(b) It will result in a development that is at least as beneficial to the Town of Brewster as
the development without a relaxation of the numerical standards.
(3)The following guidelines are set forth to assist the applicant and the SPCA Planning Board:
(a) Loading and unloading areas shall be provided of a sufficient size to accommodate
the numbers and types of vehicles likely to use the premises, given the nature of the
development proposed. Loading and unloading areas shall be located and designed to allow
vehicles to safely maneuver to and from a public right-of-way and to prevent obstruction or
interference with a public right-of-way, parking space or parking aisle.
(b) Loading areas shall be provided to the rear of the lot,wherever possible.
Page 10 of 16
(c) Parking areas shall be located to the side or rear of the structure. No parking is
permitted in the required front yard setback for the structure.
(d)To the extent possible, parking areas shall be shared with adjacent businesses and
should be situated to the side and rear of the lot (frontage on Route 6A shall be considered the
"front" of the lot).
(e) In cases where shared parking is provided,the SRGA Planning Board may permit a
reduction in necessary spaces since complementary uses may require less total parking area
than each use individually.
(f) Bicycle users shall be accommodated by provision of on-site bicycle parking storage
and bicycle and walking paths.
(g) Drainage facilities shall be designed and constructed for parking areas in such a way
as to contain and treat stormwater runoff on the premises, as well as comply with design
standards referred to in § 179-57 of the Zoning Bylaw.
E. Landscaping, design and appearance standards.
(1)A vear-round landscaped buffer strip shall be provided adjacent to any public road to
visually screen sepaFate parking and other uses from the road, where feasible, and without
interfering with vehicular or pedestrian safety.The screened buffer 44P shall be appropriate
to the site-approxi my-15 feet in depth and planted with a combination of grass, medium-
height shrubs-appFeximately twe to eight feet tall evergreen varieties preferred, and shade
trees planted at least eveFy nn t„ GO fent along the road frontage. Tr,ees-aR ahrubs ,hcll ba set
h-..-I. ,+ rtreet and dFiveway nt.--.Rees sight alista ,
exits or interses+�l'.,�ns to allew adequate
at}d-�n�re e`ciiicaiar-and-"pedestrians safety while eeteringer exiting-the size—Applicants are
engaged expected to review Brewster's Sight Line Bylaw, Chapter 157,Article VI, of the
Town Code, prior to designing parking lot landscaping plans.
(2)At least 25% of the required front yard area shall be vegetated.
(3) A landscaped buffer strip of approximately ten-foot depth shall be provided adjacent to
adjoining uses, excluding areas providing shared access and parking.The buffer strip shall be
planted with a combination of grass, medium-height shrubs (evergreen varieties preferred) and
shade trees.
(4) LaFge parking_--r eo-s Null b-c in+ sh thct nig
SUFfaee ^ ed-5 G(1 fent i" Width, et iRGIU di"n the aFea(s) used far parking aislesist-alls. A
m4nimum of ene shade tree shall be pFevided peF five Vr rkir g spaGes to be plat-^,d i
.-^t +i„^ peFvieus "let .,f-+ I^-,r+ 60 squaFe f^3t in arca.
t5 -(4) Exposed storage areas, machinery, service areas,truck loading areas, utility buildings and
structures and other unsightly uses shall be screened from view from neighboring properties
and streets using plantings, a wall or tight fence complemented with plantings or through some
other means deemed acceptable to the permit granting authority.
(Q(5) Shrubs and trees which die shall be replaced within one growing season. All landscaped
areas shall be maintained, as approved.
(44(6) Buildings and architectural design shall be compatible with the character and scale of the
adjacent roadway and surrounding neighborhood.
W(7) Structures shall be sited so as to allow separations between buildings, particularly to
encourage open space in the site and reduce massiveness in the pFeje t building massing.
W(8)The use of bituminous paving shall be minimized.
(1-0)(9) Old, well-established trees shall be protected by siting buildings and parking around or
within the existing landscape.
444(10) Building design shall adhere to the guidelines of the Brewster Historic District
Committee in locations subject to review by the Committee. of si^"ifiGant Geneem to+h.,
gs, hc,m 9RY-of
desigR and detail v ithin the " eet and setting and Ge mpatihility of pFejeetr while eRc;- r+5-5
ya Yiety and dive Fsity
Page 11 of 16
F. Environmental protection requirements.
(1) Stormwater management. All development shall be designed so that resulting stormwater
patterns resemble, as nearly as possible, preexisting conditions of volume, velocity, quality and
location of runoff. Any increase over predevelopment runoff peak rate shall be authorized only
if staff review determines that any potential problems with capacity, downstream erosion or
siltation will be prevented through on- or off-site improvements or compensatory actions and
that the public interest is better served by allowing the increase than by denying it.
(2) No land altering activity, including clearing, grading, excavating or construction is
Permitted until all the required permits have been obtained.
P4(3) Erosion control.
(a) Any area of bare earth exposed through building or site development or demolition
must be permanently stabilized through replanting, paving or other means of eliminating wind
or water erosion. Such stabilization must be completed prior to building occupancy or, where
no building is committed, within 60 days of exposure, or a performance bond must be posted in
an amount sufficient to assure completion of such work.
(b) Existing grade shall be changed minimally,typically departing from existing grade by
no more than six feet and resulting in a balance on site between cut and fill, except for
basement and cellar excavations.
(c)All construction must comply with the following. An erosion control plan shall be
submitted for every development which will expose more than 60,000 square feet of bare earth
during development through either removal or filling on the same parcel or on contiguous
parcels in the same ownership and for developments exposing 20,000 to 60,000 square feet of
bare earth where staff review deems such plan to be necessitated by slopes in excess of ten-
percent highly erodible soils or other unusual conditions. Such plan shall have sufficient
information on existing and proposed topography, vegetation and control measures to allow
determination of compliance.
[1] Stripping of vegetation, regrading or other development shall be done in a
way which will minimize soil erosion.
[2] Whenever practical,trees and other natural vegetation shall be retained,
protected and supplemented.
[3] The disturbed area shall be kept to a minimum.
[4] Where necessary,temporary vegetation and/or mulching shall be used to
protect areas exposed during development.
[5] Sediment basins (debris basins, desilting basins or silt traps) shall be installed
and maintained where necessary to remove from runoff waters any sediment from land
undergoing development.
[6]The angle of graded slopes and fills shall be no greater than two horizontal to
one vertical. Slopes left exposed must immediately be planted or otherwise provided
with permanent ground cover or other means sufficient to restrain erosion.
[7] A ground cover sufficient to restrain erosion must be planted or otherwise
provided within 30 working days, season permitting, on any portion of the tract upon
which further active construction is not being undertaken.
[S]The development plan shall be fitted to the topography and soils so as to
minimize erosion potential.
Page 12 of 16
G. Plants and animals.
(1) 1 eeatien -,nrt de4gr: n9t Gause aveidable damage te wildlife l,'.bitct_-, feFes s eF
r animal cpeeies listed-a , `.nrdaRgered, wateh list eF fSpec-ial
eeneeFn by the Massachusetts NatUFal WeFitage PregFaFn 3r to z:,-,y tree exeee i ten 4:2 i ehn- :
tr�n'- a:-,meter at a height of 4 , 2 feet abevegr-adeNew development and redevelopment
proposals located in a mapped Natural Heritage and Endangered Species Program (NHESP) area
are required to file with the Natural Heritage Program and provide the written determination
from the NHESP prior to receiving Site Plan approval.
(2)Specimen plants and trees, especially trees exceeding 12 inches in diameter, shall be
preserved or relocated when possible. Applicants shall be required to submit signed
documentation from the Conservation Commission or its agent that the project has been
reviewed by the Conservation Commission with respect to these considerations. The
Conservation Commission or its agent may determine that the proposed site either contains no
such habitats or species or that all feasible efforts to avoid, minimize or compensate for
damage have been reflected in the proposal. The GenseFVat:en (;emmis-s:ata-9f#&agent may
Fef.�,� Ttt
n,.F t��hh... p p/1-.
ea to the ssaGhusetts NatE-nal PeFitage Drl.nraFn fee fuFthnr review
EvrTt 'e R t.
H. Lighting.
(1) Lighting shall be downward casting and full shielded so as to not illuminate areas off the
property.A photometric lighting plan shall be required for all new development. The
Planning Board may determine whether a photometric plan is required for redevelopment.
Light poles shall be no higher than necessary to provide safe levels of nighttime illumination.
The fellew inn lighting zenes •.re hereby rreaterl-
i i
7en'nn Bylaw
(b) 7ene B. all ether leeatiens
(2)Fixt -ref. 1 ;ghtmg fixt�jre types a defined as fellows_
(a) 1'1. light euteff
-�yi�- =-„9-STs.-�rCL7 C9,T
(b)Type 2z- luminaiFe shielded such t-hcl peali��r i� �t �n nl., of 7C2 er less frees,
ye-4-itGal and essentially ne light is e.m.itted -+he„e the her: ent-.I
(r;)Type 3: luminaiFe shielded- Sueh that total cutoff is at le-s-s thap _902 fFem venir;al and no light
(-3) Lighting llmltizl'n The fellew iIgg limit-.+iorrri -h-'l he ebser..ed by all uses, unless s+-.ff
rin+nrw.:neS that it is :nheren+l.i unfeasible fen t�n i use (e.g., n��hl:c eu+deer r w.
.+ienl+e ee+
tkzsnK�G, � h r ,hle efer<5 h:eeeen made to . e:d .I ,re er I:nh+ e Hillece
f4
Maximum lur~,:n ,:re .,, ntinn height.
ZEA Zene-9
Pixturp (fe494 {
-3 48 �e
Page 13 of 16
Twr
Maximum eff site 9yeFsp4l•
Znnp A Zone-B
CI wt,-rpT\me (feet (feet- rdle
cancl
0
{4}M No flickering or flashing lights shall be permitted. Processes, such as arc welding,which
create light flashes shall be confined within buildings or shielded to prevent either direct glare
or flashing reflected from the sky.
(5) (2) When the (-encepyatien Gemmire^ien rie+ermin£r-that ligh+iRg as nrenesed by-,n
ap-Oczmt m^Y have a .detrimental effete+ ei pmts, wildlife era 1.vildafe-hacrtt of EeTridertT
review Site Plan Review may renemmen,d require mc�r e f ringent rertriGtienr Ar f,,r+her
I. Noise. Where exterior noise levels after construction are expected to exceed 100 decibels at
the source for more than 15 minutes at a time, continually on a regular or sporadic basis,the
applicant shall be required to show the Planning Board the means by which this impact shall be
mitigated. The Board shall have the authority to require greater degrees of mitigation if the
Board is not satisfied that the resultant noise level will have a minimal effect on surrounding
neighborhoods or wildlife habitats.
[Added 10-29-2012 FYTM, Art. 12]
§ 179-67 Waivers; severability.
A.
Waivers. When in the opinion of the Planning Board the requirements of § 179-66, Site Plan
Review standards, do not substantially change the relationship of the structure to the site and to
abutting properties and structures,the Planning Board may determine, without a public hearing,
that sjbmissien of site plan fer special permit appFeyal Site Plan Review is not required. Upon
receipt of written request,such a determination may be made by an affirmative vote
of a majority of the Planning Board present, and in no event fewer than four members.
B.
Severability.The provisions of this article are severable from each other, and the invalidity of any
provisions or sections shall not invalidate any other provision or section thereof.
§ 179-68(Reserved)
Or take any other action relative thereto.
(Planning Board) (Two Thirds Vote Required)
Motion: Move to approve as printed in the warrant.
TOWN CODE AMENDMENT/Board of Selectmen
ARTICLE NO. 13: To see if the Town will vote to amend the Code of the Town of Brewster,
Chapter 5, by revising Section 3 as follows;
5-3. Chief executive function: Board of Selectmen.
A. Composition,term of office. There shall be a Board of Selectmen composed of five
members elected for terms of three years each, so arranged that the term of as
nearly equal number of members as is possible shall expire each year. For purpose
of these bylaws,the Board of Selectmen shall be referred to as the Select Board,.
Page 14 of 16
And further, by deleting, in every other instance in which they appear,the words, "Board of
Selectmen" and inserting in their place,the words, "Select Board";
or take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Motion: Move to approve as printed in the warrant.
TOWN CODE AMENDMENT/Wetlands Protection
ARTICLE NO. 14: To see if the Town will vote to amend the Code of the Town of Brewster,
Chapter 172, Wetlands Protection, Section 2 to insert the following language (bold underline
text is new):
172-2. Applicability.
A. Except as permitted by the Conservation Commission or as provided in this chapter,
no person shall remove,fill, dredge, alter or build upon or within any of the
following resource areas:
(1) On or within 100 feet of any bank, beach, dune or flat.
(2) On or within 100 feet of any freshwater wetland, coastal wetland, vernal
pool, coastal wetland, marsh, meadow, bog or swamp.
(3) Upon or within 100 feet of any lake, pond, river, stream, estuary or the
ocean.
(4) Upon any land under said waters.
(5) Upon or within 100 feet of any land subject to flooding or inundation by
groundwater or surface water.
(6) Upon any land subject to flooding or inundation by tidal action or coastal
storm flowage.
(7) Upon anv land within a riverfront area.
Or take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Motion: Move to approve as printed in the warrant.
PUBLIC SAFETY INJURY LEAVE INDEMNITY FUND
ARTICLE NO. 15:To see if the Town will vote to accept the provisions of Massachusetts General
Law Chapter 41 Section 111F and Section 100,to authorize the Town to establish a special
injury leave indemnity fund for payment of injury leave compensation or medical bills incurred
under this section or said section 100, and may deposit into such fund any amounts received
from insurance proceeds or restitution for injuries to firefighters or police officers. The monies
in the special fund may be expended, with the approval of the Board of Selectmen and without
further appropriation, for paying expense incurred under this section or said section 100,
including but not limited to, expenses associated with paying compensation other than salary
to injured firefighters or police officers, in lieu of or in addition to any amounts appropriated for
the compensation of such replacements; or take any other action relative thereto.
(Board of Selectmen) (Majority Vote Required)
Motion: Move to accept the last paragraph of G.L. Ch. 41, Section 111F and establish a special
injury leave indemnity fund as provided therein for payment of injury leave compensation or
medical bills incurred under G.L. c.41, §§100 or 111F,to which shall be credited insurance
proceeds or restitution for injuries to firefighters or police officers and which fund may be
expended by the Board of Selectmen without further appropriation.
Page 15 of 16
OTHER BUSINESS
ARTICLE NO.11,To act upon any other business that may legally come before this meeting; or
take any other action related thereto.
(Board of Selectmen) (Majority Vote Required)
Motion: Motion to be provided at the Special Town 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 16 th day of October 2017.
Peter Norton Chairman C is A. Bingham, Vic - airman
Y g
David C. Whitney, Clerk es ! . Foley
U John T. Dickson
I, Roland W. Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I
served the Warrant for the Special Town Meeting of November 13, 2017 by posting attested
copies thereof, in the following locations in the Town on thet#t"day of October, 2017.
Brewster Town Offices Cafe Alfresco
Brewster Ladies Library Brewster Pizza House
The Brewster General Store Millstone Liquors
U. S. Post Office
Roland W. Bassett�Jrnstable
Page 16 of 16