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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
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( 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
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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.