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HomeMy Public PortalAbout1994-05-09 Special Town Mtg Report Ze , Z : : CWN Zai , 159 : \= rtic e cpcnsor i . rans £ . rs Bcarc of SeIecc .,. .. 2 . Board c f Se ' ect ..- , : d ` _ _ Ca�� iag es , gn E _ ease Board o £ SeIe en By ' a* �_mendmen. , / S ' gn Code Board f Sel ,. Zoni '' via„ _l . . _. mment ,/ Qagn Code Bcara Seiec en o . Zone. _ 3c aw Amendment / Sign Code S > > _ , qac ., - e=. / Toc. n Landlnzs 3ca _ d o ` c = Seec =e :� S . � c - Cririna _ Disaosias Boad of Se ec e = y . Sand is Boars of Seiec . me ^ _, C : ner B ' lsiness Boa _ Seleczrnen R� rort of the SPECTAL TO'+;N '4= ING va?- ° , 1994 in accordance wi ,. h the warrant , the Special Town Veeting was _. in the Brewster Elementary School Cafetorium , ^ ordag , May 9 , 1994 . The meeting was called to order at 7 : 15 p . m . by the Moderator , Stephen Doyle . The Tellers _ ,June Gallant , Althea Aping . Eleanor Nielsen : and Carolyn Smith . The Checkers were Helen Aller_ , s Curcio , therine Flahertt- , Y _ wza eth r'. arc7 , cbert '_: and , Dorothy LeoneyaSharon Morgan , Sherrg Ryder , and Mile red finger . A quorum, was present . The : own Clerk , Joan K . Cole , read the Special Town Meeting 'warrant rn of the "arrant . There being no object4or , the `! oderatox„ dispensed vwiz. h the reading of all the articles . B ilG TARY TRANSFERS aRTTC : . E I see if the Town will vote to traasafer from available funds and / or appropriate from surplus funds in some departments an amount of ::orey to be used in conJunction with funds appropriated under current ' fiscal ti-ear budgets to be used during . e Curren fisca_ - ear toYpay' shc _ falls ; ould atLer�,- ise ewist in the Fiscal Year 1 .094 Budget of other departments , or to take any other action relative ;. hereto . iBoard of Sele :. tmen ) VCTTON : T move that the Town tote to approse Article No . _ and to transfar vax• ious funds to finance the Fiscal Year 799 -5 shortfalls , as fol _ ows : ai Transfar , ,, e SUM of $ 2 , 0 ^10 . 30 from Tine tem No . 49 ., f article No . 3 of the 1993 annual :' own Veeting ( DPM' , Seli waste Disposal Expense } to 7 ane Item No . 10 of Art ; c ' e Art;' No . . _ - he 1993 ,annual Town veet ­ _ ( _ ga Ssrtices ; b ) . ransfer the sum of Sc , 000 . 00 frcm Line Tier.^. No . 2 01- Article fArticle No . 3 of the 1993 Annual Town Heeting ( Board. of Assessor ' s wages ) to Line item No . 21 of Article No . 3 of the 1993 Annual Town Meeting ( Town Offices '✓, aintenance Expenses ; , Transfer the sum of S7 , O00 . 00 from Line item No . o of Article No . 3 of the 1993 Ann 'kal Town :Meeting iBoard of Assessor ' s wages ; to Line item No . 25 of Article No . 3 of the 1993 Annual Town 'Jeeting ( Fringe Benefits , nemployment Espensei , d ; Transfer» the sum of S62 , 20C . O0 from _ inn - tem Nc . 42 of .articleNo . 3 of the 1. 993 Annual Town yiee '.- irg fDPw . So7. id Waste Disacsal Expense ) to Line Stem No . 42 of article No . 2 of the 1993 !annual Town `Meeting ( Snow w Ice Control ) . ON : ADOPTED UNPAID BILLS ART7CLE 2 . To see _ _ the Town wil _ vote to ransfer from available funds a sum of mcney t .. pad- unpaid bills from a precious fiscal Fear , or to take any other action relative thereto . ? Board of Selectmeni N:OTION : 1 move that the Town rote to approve Article No . 2 and t . transfer the sumof S17. 5 . 00 from tree Cash to pay an unpaid bill from Fisc. _ Year 1993 . .-ALT iyN :DCPA .^.. L "-N r.NT1.Cf.. J ;�1 STM 5/ 9/ 94 LANDFILL CAPPING DESIGN EXPENSE ARTICLE 3 . To see if the Town will rote to raise and appropriate and / or transfer from available funds the sum of Sixty Thousand Nine Hundred Seventy Five and 00 / 100 ( $ 50 , 975 . 00 ; Dollars to finance the expenses 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 ' he Board of Selectmen to expend said funds for this purpose , or to take any other action relative thereto . ' Board of Selectmen ) MOTION : Tmore that the Town vote to approve Article No . 3 as printed in the warrant and to transfer the sum of $ 60 , 975 . 00 from Free Cash for this purpose . ACTION : ADOPTED ZONING BYTAW AMENDMENT / SIGN CODE ARTICLE 4 . To see if the Townwill vole 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 : Co Directional or traffic safety signs . In addition to other permitted signs , directional , warning' or traffic sins 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 _` our ( 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 nor. - 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 ' I ) sign shall be permitted per premise except as required by the Massachusetts Architecture ! Access Board or the Federal Americans wit : Disabilities Act . International sign code symbols shall be used where possible . ii . 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 sig' _ permit . The Sign Commissioner may waive the requirement for 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 sa _` e + y Regulatory or safety signs shall be consolidated and coordinated _ content and appearance to the greatest extent possible with ence-_ istirg sins in order to el t ate visual clutter and confusion . International STM 5 / 9 / 94 Sign Code Symbols shall be used where possible to eliminate text . Lettering shall be rNo more than two t2 ; inches n height and sign area is to be minimized to > e greatest extent possible without reducing legibility . 1 ) Vertical Signs - Regulatory or safety sins shall not exceed six 6 ) square feet in area and a maximum of two ( 2 ) will be allowed per site . Nfaxi : um height after installation shall be eight ( 8 ) feet .from ground level . ( 2 ) Angled Signs - Regulatory or safety sins exceeding ten ( 10 ) square feet I n 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 on the sign , such as " Beach and Landing Regulations " , ItShellfis :h Regulations " etc . The height of the ., op 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 IIIgovernmental body or a nor_ - profi . educational organization to convey environmental regulations and :plain environmental significance and publi , purpose of a program or policy , such as resource protection , at a public or private non- profit site . A maximum IN of four ( 4 ) such signs shall be permitted per site . The maximum area of a single such sin s '._all 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 poir_ t after installation sha 'l 'l not exceed forty- eight ( 48 ) inches . Sins in excess of six ( 6 ) square feet shall be installed angled twenty ; 20 ) degrees from ,. he 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 Sin Commissioner may further restrict the size , .umber , location and visual appearance of these signs on a casen 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 , On to take any other action relative thereto . ( Board of Selectmen ' MOTION : I move that the Town vote to approve Article No . 4 as printed in the warrant . IN ACT IC\ : ADOPTED YES :- 07 NC 70 ZONING BYLAW AMENDMENT / SIGNS ARTICLE 5 . To see if the Town will vote to amens the Zoning_ Bylaw , Chapter '_ 79 , Article VI , „ Sia ^ s .' I Section i79 - 19 Definitions ' . by deietirg the definition for DIRECTIONAL , STM 5 / 9 / 94 INFORMATIONAL or SAFETY SIGNS and inserting within the remaining definitions in alphabetical order , the following defin „ ions reading : DIRECTIONAL or TRAFFIC SAFETY SIGN - An on - premise sign marking entrances , exits ; parking areas orother 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 Lniform Traffic Control Devices . INFORMATIONAL SIGN - An on - premise sign which identifies the premises or the activity or the business conducted upon the premises . INTERPRETIVE DISPLAYS - Boards or exhibits proposed by a Town governmental body or a non - profit educational organization to convey environmental reg`alations 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 Selectmer_ ) M0TION : I mote that the Town vote to approve Article No . 5 as printed it the warrant . ACTION : ADOPTED YES 332 NO i ZONING BYLAW AMENDMENT ARTICLE 6 . To see if the Town will rote to amens the Zoring Bylaw , Chapter 179 , Article VZ , " Signs " , Section_ 179 - 20 . 5 , " Regulations for specific types of signs " , by adding the folio *•ring aaragraph : visitor Information Signs : not - for - profit organizations providing visitor information to the general pu 'b ' ic are permitted to erect one sign not exceeding six t6i square feet in size to advise the public of this service . This sign is allowed in addition to anv other signs allowed by the Brewster Sign Code at the site , or to take any other action relative thereto . ' Citizen ' s Petitioni MOTION : I move that the Town vote to amend Article 6 by adding the following sentence after the first sentence , One visitor information sign will be permitted in Brewster at a location designated by the Board of Selectmen . " ACTION ON AMENDMENT : ADOPTED ACTION ON ARTICLE 6 AS AMENDED : ADOPTED YES 45 . NO 45 SIGN REPLACEMENT. / TOWN LANDING 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 STM 5/ 9 / 94 Administrator to solicit bids , enter into contrac ,: s , dispose of sur^_ lus property and expend said funds for this purpose , or to take any other action relative thereto . ( Board of Selectmen ) mCTIC\ : I rove that the Town vote to approve Article No . 7 as printed in the warrant and to transfer the sum of $ 5 , 000 . 00 from ree Cash for this purpose . ACTION' : DEFEATED 'HCl`( - CRIMINAL DISPOSITIONS ARTICLE 8 . To see if the Town will vote tc amend . rl*ticle Z1 of Charter 8 of the Code cf the lown of Brews + Ar , concern rg Noncriminal Dispositions , co add the following provisions to Section 8 - 3 B . Shellfish Department 1 . Regulations for the caking from the fiats or waters of the theTown 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 . 3 . Fines . The following are punishable by a fee of S50 . 00 . OFFENSE a , Possession of Shellfish without shellfish permit ; b ) Possession of Shellfish during closed season ( c ) Possession of ShellflJish during open season. , on closed day id } Possession of Shellfish in excess of weekly lim _ ( e ) Possession of Scallops in excess of weekly limit or landing Scallops in other than designated area Possession of more than fi ;-e percent per batc :z Seed Shellfish such as Quahogs ; Soft Shell Clams ; Oysters or Sea Clams as defined in the Rules and Regulations ( g ) Possession of Scallops witYcut a defined annual , raised growth rir = ; h ; Taking of shellfish from the water and fiats within the Town of Brewster by implements other than these known as long rake , scratcher , tang : quahog ra'.ce . clam rake or clam hoe 4NL Fai ` ure to., cover_ useed and undamaged shellfish and refill all holes j ; Possession or the spearing of Eels without a permit . , Transferring shellfish permit outside the immediate family ( 1 ) Digging , taking or carryir_ =' away any shellfish and seaworms between the hours of sunset and sunrise ( m ) The collection of shellfish and seaworms for permit neluers uai . _ on shore , unless his per . it holder is disabled and has Npreviously arranged i � _ .. the S :. ellfish Constable STM 5 / 9/ 94 ( ni Bringing shellfish ashore not in its shell with the exception of sea clams ( c ) 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 orI C or be ' ow ( q ) Failure to allow the Shellfish Constable , or Deputy She 'l 'lfish 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 shellfis 'r_ ing 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 . ( t ) Selling shellfish taken under a family permit The following are punishable by a _ ire of 5100 . 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 ( x ) Commercial Shelifishing in areas designated for family permits onlv The following are punishable by a fine of 5300 . 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 . - . 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 ( 550 . 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 ; MOTION : more that the Town rote to approve Article No . S as printed in the warrant . ACTION : ADOPTED STM 5 / 9/ 94 SAND RTCX, I AiTICLE 9 . To see if the Town will vote to authorize the Board of Selectmen , for no Consideration , abandcn .. _ 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 3C , 1891 deed recorded Barnstable Registry of Deeds Boon 432 , Page 281 ; to take sand from the lot which is shown or. Assessors ' Nap 35 as Parcel 55 - 7 and which _ described in the deed recorded _ n Barnstable ?e �_ istry of Deeds Book 4735 , Pane 055 , or to take any other action relative thereto . ( Board o ` Selectmen ? MOTION : T rove that . Town vote to approve Article \ o . 9 as Printed _ ._ the warrant . ACTTON : ADOPTED UNANTKOUSLY ANY OTHER BUSINESS ARTICLE . C . To act on any o her business .. hat may ily cone before this meeting . *POTION : S move that the Town vote to adjourn the May 9 , 199 = Special Town ?feet _ ACTTON : ADOPTED UNANIMOUSLY MEETING ADJOTRNED at 8 : 04 p . m . A TRUE COPY , ATTEST : C Joan K . Cole Town C ' eri.