HomeMy Public PortalAbout1994-05-09 Special Town Mtg Warrant WARRANT
SPECIAL TOWN MEETING
May 9 , 1994
Barnstable , ss
TO : Roland W . Bassett
Constable of 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
Brewster Elementary School Cafetorium , on Monday the ninth day of
May , 1994 next , at 7 : 15 p . m . o ' clock in the evening , then and there
to act upon the following articles :
ARTICLE 1 . To see if the Town will vote to transfer from
available funds and / or appropriate from surplus funds in some
departments an amount of money to be used in conjunction with funds
appropriated under current fiscal year budgets to be used during
the current fiscal year to pay shortfalls that would otherwise
exist in the Fiscal Year 1994 Budget of other departments , or to
take any other action relative thereto .
( Board of Selectmen )
ARTICLE 2 . To see if the Town will vote to transfer from
available funds a sum of money to pay unpaid bills from a previous
fiscal year , or to take any other action relative thereto .
; Board of Selectmen )
ARTICLE 3 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of Sixty
Thousand Nine Hundred Seventy Five and 00 / 100 ( 560 , 975 . 00 ) Dollars
to finance the exaenses associated with a temporary borrowing for
engineering and planning expenses related to design plans for the
capping of the Town ' s Sanitary Landfill and to authorize the Board
of Selectmen to expend said funds for this purpose , or to take any
other action relative thereto .
( Board of Selectmen )
ARTICLE 4 .
To see if the Town will vote to amend the Zoning Bylaw , Chapter
179 , Article VI , " Signs " Section 179 - 20 . 5 , " Regulations for
specific types of signs " by deleting the existing item C and
inserting the following :
C . Directional or traffic safety signs . In
addition to other permitted signs ,
directional , warning or traffic signs
necessary for the public safety and
convenience of customers , employees , visitors
and the public are permitted in all areas .
Signs shall not exceed one ( 1 ) square foot in area and a
maximum of four ( 4 ) will be allowed per site . The Sign
Commissioner may grant exceptions to this subsection on
a case by case basis if he / she finds that the site
requires more or larger signs .
and adding the following items after item I as follows :
3 . Informational signs specific to a public or
private non - profit purpose such as ,
handicapped accessible , public restrooms ,
public phone or tourist and visitor
information shall be permitted on private and
non -profit premises . Such signs shall not
exceed one ( 1 ) square foot in area and no more
than one ( 1 ) sign shall be permitted per
premise except as required by the
Massachusetts Architectural Access Board or
the Federal Americans with Disabilities Act .
International sign code symbols shall be used
where possible .
K . Regulatory or safety signs , including those
conveying regulations related to a public
purpose or resource protection program .
The Sign Commissioner shall hold an advertised
public hearing prior to granting such a sign
permit . The Sign Commissioner may waive the
requirement for a public hearing for immediate
posting of temporary environmental protection
signs or temporary warning signs not exceeding
one ( 1 ) square foot in area for the protection
of property or for the public health or
safety .
Regulatory or safety signs shall be consolidated and
coordinated in content and appearance to the greatest
extent possible with any existing signs in order to
eliminate visual clutter and confusion . International
Sign Code Symbols shall be used where possible to
eliminate text . Lettering shall be no more than two ( 2 )
inches in height and sign area is to be minimized to the
greatest extent possible without reducing legibility .
( 1 ) Vertical Signs - Regulatory or
safety signs shall not exceed six
( E ) square feet in area and a
maximum of two ( 2 ) will be allowed
per site . Maximum height after
installation shall be eight ( 8 ) feet
from ground level .
( 2 ) Angled Signs - Regulatory or safety
signs exceeding ten ( 10 ) square feet
in area shall be installed angled
twenty ( 20 ) degrees from the
horizontal plane so as to reduce
visual obstruction . Angled signs
shall have a head board labeling the
nature of the information contained
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on the sign , such as " Beach and Landing
Regulations " , " Shellfish Regulations " , etc . The
height of the top of the head board shall not exceed
forty- eight ( 48 ) inches from the ground . Parking
shall be restricted so as to eliminate the
obstruction of said signs .
L . Interpretive Displays proposed by a Town
governmental body or a non - profit educational
organization to convey environmental
regulations and explain environmental
significance and public purpose of a program
or policy , such as resource protection , at a
public or private non- profit site . A maximum
of four ( 4 ) such signs shall be permitted per
site . The maximum area of a single such sign
shall not exceed twenty four ( 24 ) square feet ,
provided said sign is not visible from the
vantage point of any other such sign . In
situations where signs are to be visible from
one another , signs shall not exceed six ( 6 )
square feet in area and the highest point
after installation shall not exceed forty -
eight ( 48 ) inches .
Signs in excess of six ( 6 ) square feet shall be installed
angled twenty ( 20 ) degrees from the horizontal plane so as to
reduce visual obstruction . The highest point of the sign after
installation shall be thirty - six ( 36 ) inches from the ground .
Signs shall not block or obstruct a scenic view or visual
corridor . The Sign Commissioner may further restrict the
size , number , location and visual appearance of these signs on
a case by case basis if he / she finds after a public hearing
that the proposed sign or signs would significantly detract
from an area ' s natural character .
or to take any other action relative thereto .
( Board of Selectmen )
ARTICLE 5 .
To see if the Town will vote to amend the Zoning Bylaw , Chapter
179 , Article VI , " Signs " , Section 179 - 19 , " Definitions " , by
deleting the definition for DIRECTIONAL , INFORMATIONAL or SAFETY
SIGNS and inserting within the remaining definitions in
alphabetical order , the following definitions reading :
DIRECTIONAL or TRAFFIC SAFETY SIGN - An on -premise sign
marking entrances , exits , parking areas or other
operational features of the premises and providing
directions for the safe and / or efficient flow of traffic .
Off - premise directional or traffic safety signs within
public roadway layouts are governed by the Massachusetts
Department of Transportation and Highways Manual on
Uniform Traffic Control Devices .
INFORMATIONAL SIGN - An on- premise sign which identifies
the premises or the activity or the business conducted
upon the premises .
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INTERPRETIVE DISPLAYS - Boards or exhibits proposed by a
Town governmental body or a non - profit educational
organization to convey environmental regulations or
explain the environmental significance and public purpose
of a program or policy , such as resource protection , at
a public or private non - profit site .
REGULATORY or SAFETY SIGN - An on- premise sign which
provides directions or regulations for the safe and legal
conduct of activities on the premises .
or to take any other action relative thereto
( Board of Selectmen )
ARTICLE 6 . To see if the Town will vote to amend the Zoning
Bylaw , Chapter 179 , Article VI , " Signs " , Section 179 - 20 . 5 ,
" Regulations for specific types of signs " , by adding the following
paragraph :
Visitor Information Signs : not - for - profit organizations
providing visitor information to the general public are
permitted to erect one sign not exceeding six ( 6 ) square
feet in size to advise the public of this service . This
sign is allowed in addition to any other signs allowed by
the Brewster Sign Code at the site , or to take any other
action relative thereto .
( Citizen ' s Petition )
ARTICLE 7 . To see if the Town will vote to transfer from
available funds the sum of Five Thousand and 00 / 100 ( $ 5 , 000 . 00 )
Dollars for the purpose of replacing regulatory signs at Town
Landings and properties with new consolidated and coordinated signs
of higher quality and durability to reduce visual obstruction and
improve the appearance of these areas , and to authorize the Town
Administrator to solicit bids , enter into contracts , dispose of
surplus property and expend said funds for this purpose , or to take
any other action relative thereto .
( Board of Selectmen )
ARTICLE 8 . To see if the Town will vote to amend Article II of
Chapter 8 of the Code of the Town of Brewster , concerning
Noncriminal Dispositions , to add the following provisions to
Section 8 - 3
B . Shellfish Department
1 . Regulations for the taking from the flats or waters of the
the Town of Brewster of soft shell clams , sea clams ,
mussels , quahogs , razor clams , sea worms or eels .
2 . Enforcement Officer : Shellfish Constable , Assistant Shell -
fish Constables .
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3 . Fines .
The following are punishable by a fee of $ 50 . 00 .
OFFENSE
( a ) Possession of Shellfish without shellfish permit
( b ) Possession of Shellfish during closed season
( c ) Possession of Shellfish during open season , on
closed day
{ d } Possession of Shellfish in excess of weekly limit
( e ) Possession of Scallops in excess of weekly limit or
landing Scallops in other than designated area
( f ) Possession of more than five percent per batch Seed
Shellfish such as Quahogs ; Soft Shell Clams ; Oysters
or Sea Clams as defined in the Rules and Regulations
( g ) Possession of Scallops without a defined annual ,
raised growth ring
( h ) Taking of shellfish from the water and flats within
the Town of Brewster by implements other than those
known as long rake , scratcher , tong , quahog
rake , clam rake or clam hoe
( i ) Failure to cover all seed and undamaged shellfish
and refill all holes
( j ) Possession or the spearing of Eels without a permit
( k ) Transferring shellfish permit outside the immediate
family
( 1 ) Digging , taking or carrying away any shellfish and
seaworms between the hours of sunset and sunrise
( m ) The collection of shellfish and seaworms for permit
holders waiting on shore , unless this permit holder
is disabled and has previously arranged it with the
Shellfish Constable
( n ) Bringing shellfish ashore not in its shell with the
exception of sea clams
, o ) Possession of shellfish or seaworms from an area
which the Selectmen or the Shellfish Constable may
designate from time to time as a Closed Area
( p ) Shellfishing when the air temperature is 30 F
or - 1 C or below
( q ) Failure to allow the Shellfish Constable , or Deputy
Shellfish Constable to inspect boat or permit ,
for any person who takes , digs or carries away any
shellfish and seaworms
( r ) Digging in grass areas
( s ) While shellfishing in tidal areas or coastal waters ,
failure to produce shellfish permit for inspection
upon the request of the Shellfish Constable , or any
federal , state or local official authorized to
enforce federal , state or local laws relating
to marine fisheries .
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( t ) Selling shellfish taken under a family permit
The following are punishable by a fine of $ 100 . 00
( u ) Taking of Shellfish from an area under a Shellfish
Grant / license
( v ) Possession of Soft Shell Clams ; Quahogs ; Scallops ;
Eels or Sea Clams in excess of daily commercial
limit
The following are punishable by a fine of $ 200 . 00
( s ) Commercial Shell £ ishing in areas designated for
family permits only
The following are punishable be a fine of $ 300 . 00
( y ) Taking shellfish Commercially in Brewster without a
commercial permit
C . Herring /Alewife Fishery
1 . Regulations : Taking of herring / alewife from the run located
at the Stoney Brook Millsites .
2 . Enforcement Officer : Alewife Committee , Shellfish
Constable , Assistant Shellfish Constable , and other
designees as appointed by the Alewife Committee .
3 . Fines :
( a ) Taking of herring / alewife without a permit ( $ 25 . 00 ) .
( b ) Taking of herring / alewife in excess of established
limits ( $ 50 . 00 ) .
( c ) Taking of herring / alewife on non- authorized days
( $ 25 . 00 ) .
( d ) Taking of herring / alewife from undesignated areas
( $ 25 . 00 ) *
or to take any other action relative thereto .
( Board of Selectmen )
ARTICLE 9 . To see if the Town will vote to authorize the Board
of Selectmen , for no consideration , to abandon or to convey to
Katherine Gray- Belding all of the Town ' s rights , reflected in the
December 25 , 1868 deed recorded in Barnstable Registry of Deeds
Book 97 , Page 518 and in the November 30 , 1891 deed recorded in
Barnstable Registry of Deeds Book 432 , Page 181 , to take sand from
the lot which is shown on Assessors ' Map 35 as Parcel 55 - 7 and
which is described in the deed recorded in Barnstable Registry of
Deeds Book 4735 , Page 055 , or to take any other action relative
thereto .
( Board of Selectmen )
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ARTICLE 10 . To act on any other business that may legally come
before this meeting .
And you are heretic directed to serve this warrant: with your
doi. n , s thereon to the Town Clerk at .. he time and place of said
meetings as aforesaid .
Given under our rands and Seal of the Town of Brewster affixed
this eighth day of April 199 .1 %
A true copy , ATTEST :
Eric K . Rasmussen , Ch.. . _ rman
i
R , Christine Durgin
.J
Geo ge t- . M emmin �
" a Lawler
oji ' C . Mitchell
I Roland W . Bassett duly qualified Constable for the Tcwr of
Brewster . hereby certify that T served the warrant for the Special_
Town veeting of May 9 ; 199 : , by posting attested copies t 'r:ereof , in
six ( 6 ) public places in diffe _ ep
L arts o .` the Town , _ n accordance
_ .. __ Town Bylaws , on treadav or :.pr _ 99T .
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