HomeMy Public PortalAbout1994-05-09 Annual Town Mtg Warrant WARRANT
ANNUAL TOWN MEETING
May 9 , 1994
Barnstable , ss
TO : Roland W . Bassett
Constabl= e of the Town of Brewster
Greet9 ?^yS :
In the name of the Commonwealth of Massachusetts , you are hereby d4rected 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 : 00 p . mv o ' clock in has svening , then and there to act upon the fo ' , owing artic7' es :
ARTICLE 1 . To act upon the Annual Report of the Board of Selectmen , Town Officers
and/or other Special Committees , or to take any other action thereto .
{ Board of Selectmen ;
ARTICLE 2 . To see if the Town will vote to take no action regarding its Herrin or Alewife
Fishery , or to take any other action relative thereto .
W ewife Committee )
ART.GLE 3 . To see if the Town will vote to raise and appropriate and/or transfer from
avaiiabie funds a sum of money to defray Town charges and expenses , and to further fix
the salary and compensation of all elected officials of the Town as provided in
Sectior 108 , Chapter 41 of the General Laws , as amended , for t^e Fiscal; Year ending
June 30 , 1995 , as follows :
FINCOM
EXPENDED APPROPRIATED R92JESTED RECOMMENDATION
ITEM DEPARTMENT FY 93 FY 94 FY 95 FY 95
i MODERATOR ' S WAGES $300 . 00 $3CO . 00 $300 . 00 $300 . 00
2 SELECTMEN ' S WAGES $51250 . 00 $5 , 250 . 00 $51250 . 03 $5 , 250 . 00
SELECTMEN STAFF WAGES $291405 . 45 $303886 . 00 $30 , 486 . CO $30 , 86 . 00
EDUCATIONAL REIMS $ 1 , 493 . ' 0 $1 , 500 . 00 $ 1 , 500 . 00 $ 11500 . 00
EXPENSES $ 127538 . 1. 2 $` 7 , 400 . 00 $ 16 , 025 . 00 $' 67025 . 00
3 GREENHEAD FLY ASSESSMENT $414 . 00 $414 . 00 $414 . 00 $444 . 00
d. TffKN ADd ! i S`RATOR WAGES $ 120 , 823 . 35 $1257950 . 00 $" 277673 . 00 $1271673 . 00
EXPENSES $3 , 407 . 50 $4 , 650 . 00 $41400 . 00 $4 , 400 . 00
5 FINANCE COMMITTEE EXPENSES $777 . 27 $900 . 00 $900 . 00 $900 . 00
RESERVE FUND $83 , 942 . 81 $1251000 . 00 $': 25 ; 000 . 00 $125 , 000 . 00
6 ACCOUNTANT WAGES $53 , 387 . 53 $66 , 9641 . 00 $67 , 414 . OG $671414 . 00
AUDIT OF AGOOUNTS $; 4 , 000 . 00 $1, 4 , 000 . 00 $14 , 000 . 00 $14 , 000 . 00
EXPENSES $ 11830 . 29 $2 , 050 . 00 $ 1 , 510 . 00 $ 1 , 510 . 00
COMPUT $25 , 21 . 67 $24 , 700 . 0 $30 50000C $30 , 600 . 00
7 ASSESSOR WAGES $747878 . 59 $997496 . 00 $957313 . 00 $951313 . QO
EXPENSES $10 , 498 . 95 $13 , 100 . 00 $12 , 600 . 00 $ 121600 . 00
8 TREASURER/CO .LECTOP, WAGES $1081733 . 26 $120 , 834 . 00 $1227455 . CO $122 , 455 . 00
EXPENSES $241523 . 68 $57 , 150 . 00 $547450 . 00 $54 , 450 . 00
9 LEGAL EXPENSES $115 , 589 . 20 $87 , 000 . 00 $80 , 000 . 00 $80 , 000 . 00
FINCOM
EXPENDED APPROPRIATED REQUESTED RECOMMENDATION
ITEM DEPARTMENT FY 93 FY 94 FY 95 FY 95
10 TOWN CLERK ' S WAGES $283802 . 00 $307560 . 00 $32 , 370 . 00 $327370 . 00
TOWN CLERK STAFF WAGES $25 , 156 . 52 $26 , 039 . 00 $261189 . 00 $26 , 189 . 00
EXPENSES $31276 . 16 $6 , 515 . 00 $6 , 650 . 00 $67650 . 00
11 ELECTION WAGES $6 , 150 . 28 $2 , 000 . 00 $71500 . 00 $7 , 5CC . CO
EXPENSES $27133 . 67 $1 , 850 . 00 $3 , 775 . 00 $3 , 775 . 00
12 REGISTRAR WAGES $ 10 , 620 . 51 $7 , 154 . 00 $; 17350 . 00 $ 11 , 350 . 00
EXPENSES $7 , 347 . 42 $4 , 200 . 00 $4 , 26( . 00 $4 , 260 . 00
1: 3 CONSERVATION WAGES $617531 . 37 $613246 . 00 $62 , 239 . 00 $62 , 239 . 00
EXPENSES $3 , 508 . 16 $3 , 750 . CO $37100 . 00 $37100 . (0
14 PLANNING WAGES $25 , 707 . 76 $267439 . 00 $14 , 614 . 00 $141614 . 00
EXPERT FEE $0 . 00 $750 . 00 $750 . 00 $750 . 00
EXPENSES $15329 . 63 $2 , 680 . 00 $2 , 680 . 00 $2 , 680 . 00
5 LOCAL PLANNING COMMITTEE $345 . 57 $ 1 , 000 . 00 $17000 . 00 $ 17000 . 00
16 APPEALS BOARD WAGES $57861 . 86 $75259 . 00 $6 , 496 . 00 $63496 . 00
EXPENSES $417 . 75 $600 . 00 $500 . 00 $500 . 00
17 LAND ACQUISITION WAGES $0 . 00 $0 . 00 $0 . 00 $0 . 00
EXPENSES $39 . 16 $0 . 00 $0 . 00 $0 . 00
18 TOWN OFFICE MAINT . WAGES $58 , 578 . 98 $53 , 00 ': . 00 $54 , 210 . 00 $54 , 210000
EXPENSES $51 , 817 . 00 $49 , 400 . 00 $50 , 700 . 00 $50 , 70( . 00
19 BUILDING MAINTENANCE WAGES $25 , 842 . 40 $0 . 00 $0 . 00 $0 . 00
CAPITAL IMPROVEMENTS $37063 . 31 $0 . 00 $0 . 00 $0 . 00
20 TOWN REPORT EXPENSES $7 , 890 . 00 $87500 . 00 $87100 . 00 $5 , 100 . 00
21: DRUMMER BOY MUSEUM EXPENSE $74 . 14 $250 . 00 $250 . 00 $250 . 00
22 DEBT SERVICE $31524 , 176 . 02 $3 , 117 , 580 . 00 $21930 , 707 . 00 $21930 , 707 . 00
23 FRINGE BENEFITS $413 , 278 . 61 $470 , 439 . 00 $710 , 902 . 00 $7105902 . 00
24 RETIREMENT/PENSION $4017448 . 87 $438 , 725 . 00 $4727796 . (0 $4727796 . 00
25 UNCLASSIFIED
GASOLINE $331189 . 69 $36 , 527 . 0( $54 , 500 . 00 $54 , 500 . 00
TELEPHONE $257542 . 92 $273910 . 00 $231740 . CO $23 , 740 . 00
26 LIABILITY INSURANCE $3131252 . 36 $3817012 . 00 $401 , 773 . 00 $401 , 773 . 00
27 CONSTABLE WAGES $250 . 00 $250 . 00 $250 . 00 $250 . 00
28 POLICE WAGES $855 , 548 . 93 $893 , 607 . 00 $9512500 . 00 $951 , 500 . 00
EXPENSES $37 , 956 . 37 $462550 . 00 $51 , 750 . 00 $517750 . 00
STATION EXPENSES $59 , 390 . 86 $60 , 992 . 00 $611900 . 00 $61 , 900 . 00
CRUISER EXPENSE $27 , 069 . 00 $311000 . 00 $37 , 500 . 00 $371500 . 00
29 FIRE/RESCUE WAGES $4203937 . 30 $419 , 887 . 00 $425 , 7C5 . 00 $425 , 705 . 00
EXPENSES $36 , 198 . 71 $35 , 000 . 00 $43 , 000 . 00 $431000 . 00
RESCUE EXPENSES $227067 . 28 $22 , 700 . 00 $24 , 050 . 00 $24 , 050 . 00
30 BUILDING INSPECTOR WAGES $941819 . 99 $ 105 , 463 . 00 $144 , 902 . 00 $ 1442902 . 00
EXPENSES $33533 . 85 $57550 . 00 $71160 . 00 $7 , 160 . 00
31 DEVELOPMENT PLAN REVIEW $28 . 49 $ 100 . 00 $0 . 00 $O . 00
32 GAS INSPECTOR WAGES $4 , 165 . 00 $41400 . 00 $0 . 00 $0000
EXPENSES $48 . 18 $200 . 00 $O . 00 $0000
33 PLUM5ING INSPECTOR WAGES $19 , 641 . 20 $ 17 , 065 . 00 $0 . 00 $0 . 00
EXPENSES $85 . 18 $200 . 00 $0000 $0 . 00
34 WEIGHTS/MEASURES WAGES $ 13802 . 52 $17803 . 00 $1 , 803 . 00 $1 , 803 . 00
EXPENSES $99 . 08 $ 150 . 00 $ 150 . 00 $ 150 . 00
35 WIRING INSPECTOR, WAGES $183187 . 36 $; 77855 . 00 $0 . 00 $0 . 00
EXPENSES $80 . 90 $200 . 00 $0 . 00 $0 . 00
36 DOG OFFICER EXPENSES $97350 . 00 $97350 . 00 $93350 . 00 $9 , 350 . 00
37 DEPT OF NATURAL RESOURCES $ 157895 . 03 $157538 . 00 $417289 . 00 $41, , 289 . 00
EXPENSES $1 , 991 . 08 $25000 . 00 $9 , 550 . 00 $9 , 550 . 00
SHELLFISH PROPAGATION $3 , 995 . 50 $43500 . 00 $4 , 500 . 00 $41500 . 00
38 ALEWIVES COMMITTEE WAGES $ 150 . 00 $ 150 . 00 $ 150 . 00 $150 . 00
EXPENSES $994 . 66 $ 17000 . 00 $15000 . 00 $ 1 , 000 . 00
39 DPW WAGES $528 , 001 . 02 $5413993 . 00 $5321357 . 00 $5327357 . 00
DIESEL FUEL $20 , 028 . 42 $271000 . 00 $0 . 00 $0 . 00
ROAD MACHINERY $22 , 530 . 81 $29 , 0(0 . 00 $297000 . 00 $291000 . 00
DUTCH ELM DISEASE $0 . 00 $300 . 00 $300 . 00 $300 . 00
SNOW & ICE CONTROL $607312 . 65 $44 , 150 . 00 $44 , 150 . 00 $44 , 150 . 00
INSECT/PEST CONTROL $900 . 00 $ 1 , 000 . 00 $ 1 , 000 . 00 $ 1 , 000 . 00
EXPENSES $ 130 , 976 . 72 $153 , 698 . 00 $163 , 456 . 00 $ 153 , 456 . CO
SOLID WASTE DISPOSAL $101 , 52 ? . 35 $ 1907000 . 00 $1821634 . 00 $1827634 . 00
ATM 5/ 9 / 94
FINCOM
EXPENDED APPROPRIATED REQUESTED RECOMMENDATION
ITEM DEPARTMENT FY 93 FY 94 FY 95 FY 95
40 RECYCLING EXPENSES $ 1 , 607 . 89 $27500 . 00 $1 , 800 . 00 $1 , 800 . 00
41 STREET LIGHTING EXPENSES $ 117532 . 16 $ 11 , 865 . 00 $ 129154 . 00 $127154 . 40
42 BOARD OF WEALTL; WAGES $1191599 . 92 $ 1187677 . 00 $951691 . 00 $957691 . 00
VISITING NURSE ASSOC . $8 , 760 . 00 $7 ; 750 . 00 $7 , 940 . 00 $71940 . 0C
EXPENSES $137906 . 87 $i3 , 928 . O0 $67803 . 00 $65803 . 00
OUT-OF-STATE TRAVEL $275 . CO $O . CO $0 . 00 $O . CC
43 COUNCIL ON AGING WAGES $757838 . 79 $79 , 637 . 00 $87 , 575 . 00 $877575 . 00
EXPENSES $55541 . 80 $6 ; 200 . 00 $6 , 200 . 00 $61200 . 00
44 OLD TOWN HALL MAINTENANCE $57995 . 51 $6 , 000 . 00 $6 , 000 . 00 $6 , OOC . 00
45 VETERANS ' SERVICES $257341 . 39 $30 , 523 . 00 $25 ; 712 . 00 $25 , 712 . 00
46 BREWSTER LADIES LIBRARY $206 , 959 . 40 $ 191 , 016 . 00 $199 , 534 . 00 $ 1995534 . 00
47 RECREATION WAGES $517220 . 96 $57 , 334 . 00 $571488 . 00 $57 , =.88 . 00
EXPENSES $33 , 73 ' . 60 $277938 . 00 $27 , 788 . 00 $27 , 788 . 00
48 GOLF 'WAGES $316 , 712 . 14 $3327970 . 00 $3573369 . CO $357 , 359 . 00
EXPENSES $1957068 . 18 $209 , 014 .0 $219 , 909 . 00 52191909 . 00
49 BIKEWAY COMMI" $5 . 25 $25 . 00 $25 . 00 $25 . 00
SO PARKS AD`JISORY COMMITTEE $ 14 . 96 $25 . 00 $25 . 00 $25 . 00
51 HISTORICAL COMMITTEE $C . 00 $25 . 00 $25 . 00 $25 . 00
52 HISTORIC DISTRICT WAGES $87686 . 29 $9 , 438 . 00 $97493 . 00 $9 , 493 . 00
EXPENSES $602 . 56 $700 . 00 $700 . 00 $700 . 00
ASSESSMENTS $37000 . 00 $3 , 000 . 00 $37000 . 00 $31000 . 00
53 MEMORIAL/VCiERANS ' DAY $11141 . 09 $1 , 30O . Od $1 , 300 . 00 $17300 . 00
54 OLD MILL SITES COMMITTEE $2 , 340 . 74 $27350 . 00 $2 , 910 . 00 $22910 . 00
55 WATER COMMISSIONER ' S WAGES $2 , 200 . 00 $2 , 20O . O0 $2120C . 00 $2 , 200 . 00
WATER STAFF WAGES $301 , 198 . 41 $3297815 . 00 $3357805 . 00 $3357805 . 40
OFFICE EXPENSES $? 0 , 625 . 58 $101682 , 00 $0000 $0 . 00
OPERATING EXPENSES $94 , 101 . 08 $ 104 , 2u7 . 00 $ 133 , 421 . 00 $ 1331421 . CO
BUILDING EXPENSES $ 11913 . 02 $21050 . 00 $C . Od $0000
EQUIPMENT EXPENSES $87218 . 98 $81555 . 00 $671. 00 . 00 $6 , ', OC . QG
GRAND TOTAL $9 , 742 , 197 . 88 $9 , 8152452 . 00 $10 , 0567814 . 00 $10 , 056 , 814oCO
or to take any other action relative thereto .
( Finance Committee )
ARTICLE 4 . To see - f the Town wii ': vote to raise and appropriate and/or transfer from
avaiiab7e funds a sum of money to defray Elementary School charges and expenses , for
the Fiscal Year ending June 30 ; 1995 , as follows :
FINCOM
EXPENDED APPROPRIATED REQUESTED RECOMMENDATION
ITEM DEPARTMENT FY 93 FY 94 FY 95 FY 95
BREWSTER ELEMENTARY SCHOOL
EXPENSES $2 , 568 , 601 . 97 $2 , 870 , 84' . 00 $3 , 245 , 079 . 00 $372457079 . 00
OUT-OF-STATE "RAVEL $0000 $0 . 00 $731 . 00 $731 . 0^,
FRINGE BENEFITS $ 184 , 324 . 59 $211 , 336 . 00 $C . 00 $0 . 00
TOTAL ELEMENTARY SCHOOL $2 , 752 , 926 . 56 $370827177 . 00 $3 , 2457810 . 00 $3 , 245 , 810 . 00
or to take any other action relative thereto .
( Finance Committee ;
ATM 5 / 9/ 94
ARTICi 5 . To see ; f the Town w ? 1 vote to raise and appropriate and/or transfer from
ava': lab ' a funds a sum of money to defray the Nauset Regional School charges and expenses ,
`or the Fiscal Year ending June 30 , 1995 , as follows :
FINCOM
EXPENDED APPROPRIATED REQUESTED RECOMMENDATION
II Eu DEPARTMENT FY 93 FY 94 FY 95 FY 95
NIALSE', REGIONAL ASSESSMENT $4 , 029 , 84' . 00 $376157056 . 00 $3 , 7501573 . 00 $3 , 7507573 . 00
TOTAL NAUSET ASSESSMENT $43029 , 841 . 00 $32616 , 056 . 00 $37750 , 573 . 00 $3 , 7507573 . 00
or to take any other action relative thereto .
( Firance Committee )
ARTICLE 6 . To see if the Town wi ? i vote to raise and appropriate and/or transfer from
ava'. lab ' e fund a sum of money to defray Cape Cod 'locational Technical nigh School
charges and expenses for the Fiscal Year ending Jure 30 , 1995 , as follows :
FINCOM
EXPENDED APPROPRIATED REQUESTED RECOMMENDATION
ITEM DEPARTMENT FY 93 FY 94 FY 95 FY 95
CAPE COD TECH ASSESSMENT $265 , 849 . 00 $2167514 . 00 $213 , 875 . 00 $213 ; 875 . 00
TOTAL C . C . TECH ASSESSMENT $265 , 849 . 00 $216 , 514 . 00 $213 , 875 . 00 $2137875 . 00
or to take any other action rotative thereto . ( Finance Committee )
ARTICLE 7 . To see if the Town will vote to raise and appropriate and/or transfer from
availab " e funds a sum of money to be used to meet the terms and conditions of the proposed
Coi ' ective Bargaining Agreement , effective July 1 , 1994 , between. the Town of Brewster and the
Service Employee ' s International Lnion , Local 254 , or to take any other action relative theretc .
( Board of Selectmen )
ARTICLE 8 . To see if the Town will vote to raise and appropriate and/or transfer from
available funds a sum of money to be used to meet the terms and conditions of the proposed
Cc ' lective Bargaining Agreement , effective July ' 1994 , between the Town of Brewster and the
Office and Professional Employee ' s international Union , Units A & B . or to take any other act
relative thereto .
( Board of Selectmen )
AR' ICLE 9 . To see iF the Town will vote to raise and appropriate and/or transfer from
ava : iable funds a sum of money to be used to meet the terms and conditions of the proposed
Collective Bargaining Agreement , effective July ' 1994 , between. the Town of Brewster and the
Office and Professional Emp? oyees International Ur ion , Unit C , or to take any of er action
, elative thereto .
( Bcard of Selectmen ;
ATM 5/ 9 / 94
ARTICLE 10 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds a sum of money to
fund wage and salary adjustments , for eligible employees covered by
the Personnel Bylaw and other non - union employees , effective July
1 , 1994 , or to take any other action relative thereto .
( Board of Selectmen )
ARTICLE 11 . To see if the Town will vote to authorize the Board
of Selectmen , for no consideration , to accept from Thomas F .
Moroney , Jr . and Rita M . Moroney the grant of a perpetual storm
drainage easement in an area which is adjacent to Stoney Brook
Road , which measures 25 feet by i5 feet , which is located on the
lot designated as Assessors ' Map 36 , Parcel 20 , and which is
depicted on a " Plan Showing a Drainage Easement in Brewster , MA ,
Prepared for the Town of Brewster , Scale 1 : = 30 ' January 1 , 1994 ,
Ryder & Wilcox , Inc . , P . E . & P . L . S . , So . Orleans , MA . " available
for inspection in the Town Clerk ' s office , or to take any other
action relative thereto .
( Board of Selectmen )
ARTICLE 12 . To see if the Town will vote to authorize the Board
of Selectmen to contract to prepare a plan and take a drainage
easement for a portion of the land located nest to the Town ' s
Breakwater Beach , identified as Parcel No . 15 of Map No . 4 of the
Board of Assessors ' Maps and to raise and appropriate and / or
transfer from available funds the sum of One Thousand and 00 / 100
( $ 1 , 000 . 00 ) Dollars for this purpose , or to take any other action
relative thereto .
( Board of Selectmen )
ARTICLE 13 . To see if the Town will vote to authorize the Board
of Selectmen , for no consideration , to grant an easement beneath
the Town ' s layout of Red Top Road to allow for the installation of
a septage disposal line for a proposed septic system of the owners
of the land identified on Parcels No . 29 and 30 of Map 38 of the
Board of Assessor ' s Maps , or to take any other action relative
thereto .
( Board of Selectmen )
ARTICLE 14 . To see if the Town will vote to authorize the Board
of Selectmen to enter into an amended intermunicipal agreement
( available for inspection at the Town Clerk ' s Office ) which
concerns the operation of the Orleans , Eastham and Brewster Ground
Water Protection District , facilities , and arrangements and which ,
if approved , will become effective on July 1 , 1994 , or to take any
other action relative thereto .
( Board of Managers )
ATM 5/ 9 / 94
ARTICLE 15 . To see if the Town will vote to petition the General
Court to enact special legislation in essentially the following
form or having essentially the same effect :
Section 5 of chapter 470 of the acts of 1973 is hereby amended
by adding after the third paragraph the following :
Notwithstanding the provisions of this section , the members of
the Historic District Committee for the Town of Brewster shall be
elected at the Town ' s annual election and shall serve four - year
terms beginning on June 1 and ending on May 31 . Incumbent members
whose terms presently expire on December 31 shall have their terms
extended through May 31 of the subsequent year ,
or to take any other action relative thereto .
( Board of Selectmen )
ARTICLE 16 . To see if the Town will vote to accept the
provisions of Section 83 of Chapter 71 of the Acts of 1993 , as
amended , known as the " Education Reform Act of 1993 " , to provide
for an Early Retirement Incentive Program for the members of the
Massachusetts Teachers ' Retirement System employed by the Brewster
Public Schools , with said program to include a three year
additional credit for age , service , or a combination thereof and a
limit of one ( 1 ) on the number of eligible employees , or to take
any other action relative thereto .
( Brewster Elementary School Committee )
ARTICLE 17 . To see if the Town will vote to amend Section I of
the Nauset Regional School District Agreement by deleting the
present paragraphs lettered A , B , C and D , by relettering E as D ,
and by adding the following new material as paragraph lettered A ,
B and C :
" Membership of the Resional District School Committee
A . Number of Members . The Regional District School Committee ,
hereinafter referred to as the Committee , shall consist of
eleven members , four from the Town of Brewster , three from
the Town of Orleans , and two each from the Towns of Eastham
and Wellfleet . All eleven members shall be elected from each
of the three electoral districts comprising the regional
school district , as defined in Section 1 ( C ) below .
B . Election of Members . The Nauset Regional School District shall
consist of three electoral districts : Brewster , Orleans , and
Eastham - Wellfleet . The representatives of each town in the
district specified in Section 1 ( A ) , above , shall be elected as
provided herein ; provided , however , that any member elected
prior to 1995 shall serve for a term of three years to
commence on the day following election and to continue for the
terms for which elected and thereafter until successor is
elected and qualified .
At the annual town election in 1995 or the special election
called for that purpose the Eastham - Wellfleet district shall
elect two members to serve for a term of three years with a
requirement that one member be a resident of Eastham and the
other a resident of Wellfleet , and the Brewster district shall
elect two members to serve for a term of three years and one
member to serve for a term of two years , and the Orleans
district shall elect one member to serve for a term of three
years and one member to serve for a term of two years ; at the
annual town election in 1996 , the Brewster district shall
elect one member for a term of three years and the Orleans
district shall elect one member for a term of three years .
The terms of all such elected members shall commence on the
day following their election and continue for the terms for
ATM 5 / 9 / 94
which they are elected and thereafter until their successors
are elected and qualified . Thereafter , at every succeeding
annual or special town election when a member district is
required to elect a member each such district shall elect such
member to serve on the committee for a term of three years
commencing on the day following such election .
C . Holdine Office /Vacancies . Each member shall hold office
during his term and thereafter until the appointment , or
election and qualification of his successor . If a vacancy
exists , the Selectmen of the member town or towns of the
district involved shall appoint a member to serve until the
next annual or special town election and at such election , a
successor to serve for the unexpired term , if any , shall be
elected . "
or to take any other action relative thereto .
( Nauset Regional School Committee )
ARTICLE 18 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of Forty
One Thousand Six Hundred Sixty Seven and 00 / 100 ( $ 41 , 667 . 00 )
Dollars to pay the Town ' s share of the costs to settle all existing
litigation with the Contractor for the Tri - Town Septage Treatment
Facility , provided however that any such funds shall be reimbursed
to the Town of Orleans , Eastham , Brewster by the Groundwater
Protection District as funds become available to it for this
purpose , or to take any other action relative thereto .
( Board of Managers )
ARTICLE 19 . To see if the Town will vote to authorize its Golf
Commission to enter into an intermunicipal agreement with the Town
of Harwich for the mutually beneficial purpose of exchanging
equipment and machinery used by each Town for the maintenance of
their respective golf courses , or to take any other action relative
thereto .
( Golf Commission )
ARTICLE 20 . To see if the Town will vote to amend the House
Numbering By Law , Chapter 128 of the Code of the Town of Brewster
by striking out the wording in section 128 - 2 and inserting the
following : " Numbering will be done by the Fire Department in
cooperation with the Police Department . The Planning Board , Deputy
Assessors and Building Inspector or persons appointed by them shall
serve in an advisory capacity ; " , and by repealing , in Section 128 -
3 , paragraphs I through M and by adding a new paragraph I which
will read : " The Fire Department shall make such other consistent
rules for methods of house numbering and for the proper
administration of this By Law as deemed necessary to provide for
public safety " , or to take any other action relative thereto .
( Fire Department )
ARTICLE 21 . To see if the Town will vote to petition the General
Court to enact special legislation in essentially the following
form or having essentially the same effect :
Notwithstanding any other provision of law , the Board of
Selectmen for the Town of Brewster , after a public hearing and
after consultation with the Commonwealth of Massachusetts '
Department of Highways , shall have sole authority , for so much of
Route 6A ( Old Kings Highway ) as lies within the town , to issue ,
ATM 5/ 9/ 94
withhold , or condition curb cut permits requested to allow access
to and from Route 6A . This act shall not apply to projects
undertaken by the Commonwealth ,
or to take any other action relative thereto .
( Board of Selectmen )
ARTICLE 22 . To see if the Town will vote to petition the General
Court to enact special legislation in essentially the following
form or having essentially the same effect :
SECTION 1 . Section 1 of Chapter 363 of the Acts of 1992 is
hereby amended by repealing the reference to " nineteen hundred and
ninety- seven " and by substituting therefor " nineteen hundred and
ninety- nine . "
SECTION 2 . Section 2 of Chapter 363 0 £ the Acts of 1992 is
hereby renumbered to become Section 3 .
SECTION 3 . The following is hereby added as a new Section 2 :
The funds which are described in Section 1 and which have been
retained by the Town Treasurer of the Town of Brewster as unclaimed
compensation for land taken by the Town may be used to pay the
financial obligations of debt instruments which were issued by the
Town to raise funds for other land takings . Nothing in this
enactment shall affect in any way the Town ' s obligations to provide
fair compensation for the real estate it has taken by eminent
domain ,
or to take any other action relative thereto .
( Board of Selectmen ) -
ARTICLE 23 . To see if the Town will vote to amend the Zoning
Bylaw , Chapter 179 , ARTICLE IV , Use Regulations , Section 179 - 14 by
repealing the Building Moratorium imposed 10 / 19 / 92 FYTM , Article
# 13 and eliminating Paragraphs A , B , C , D and E relating thereto ,
or to take any other action relative thereto .
( Planning Board )
ARTICLE 24 . To see if the Town will vote to amend the Zoning
Bylaw as follows :
RENUMBER Chapter 179 , Article XII entitled " Amendment and
Validity " , Sections 179 - 60 and 179 - 61 as Chapter 179 , Article XIII ,
entitled " Amendment and Validity " , Sections 179 - 69 and 179 - 70 .
ADD new section as Chapter 179 , Article XII , entitled , " Corridor
Overlay Protection District " as follows :
ARTICLE XII
Corridor Overlay Protection District
179 - 63 Findings .
A . Brewster ' s numerous road corridors contain valuable historic ,
environmental , cultural and scenic resources , and serve as
major transportation routes throughout the Town .
B . The 1992 Route 6A Corridor Study was conducted to identify
potential threats from future development upon the Town ' s
resources , and to assess the future ability of the Town ' s road
network to serve as a safe and efficient transportation
system . Study results indicate that a considerable amount of
development is still possible in Brewster which , if realized ,
ATM 5 / 9/ 94
would result in unacceptably low levels of service along
Route 6A as well as several other road corridors , resulting in
increased congestion and safety hazards .
C . Poorly designed development which is not compatible with the
character of the corridors threatens their valuable historic ,
cultural and scenic resources .
D . If the Town ' s numerous road corridors , including Route 6A , are
to continue to serve as viable transportation routes , as well
as historic and cultural assets to the Town of Brewster ,
comprehensive performance and design standards for development
are necessary .
179 - 64 Purpose
The purpose of this bylaw is to protect public health , safety and
welfare through the preservation of the Town ' s transportation
corridors , and protection of its historic and cultural assets , for
the residents and visitors of the Town of Brewster . The
designation of the Corridor Overlay Protection District and careful
regulation of development activities within the District can reduce
the potential number of vehicular trips along the Town ' s road
systems , thereby reducing congestion and improving safety . The
adoption of standards for transportation , access , parking ,
landscaping and appearance are necessary to ensure that future
development will not degrade the existing character of the Town ' s
roadways , and will maintain or enhance the ability of the corridors
to serve as cultural assets for the residents and visitors of the
Town of Brewster .
179 - 65 Corridor Overlay Protection District Applicability
The Corridor Overlay Protection District , shall be superimposed
over any other district established in this Chapter and shall
include all land identified on the Town of Brewster Zoning
Districts Hap . Land in the Overlay District may be used for any
purpose otherwise permitted in the underlying district , subject to
the restrictions described in Article XII .
179 - 66 Use Regulations
A . Permitted Uses . One- family dwellings ; one- family dwelling
unit for the protection of property allowed in the CH and
VB District ; buildings and structures accessory to
residential use and two - family dwellings do not require a
special permit under this section .
B . Special Permit Uses .
( 1 ) An increase of floor area by more than 500 square feet
through either : ( a ) a new principal building ; ( b ) a
new accessory building ; or ( c ) an addition to a pre -
existing building shall be allowed only if granted a
special permit in accordance with this Section
( Section 179 - 66 ) and Section 179 - 51 .
( 2 ) The Special Permit Granting Authority ( SPCA ) shall be
the Planning Board .
( 3 ) Such special permit shall be granted if the SPGA
determines that the intent , purposes and standards of
Article XII , and 179 - 51 Special Permits , are met .
( 4 ) When a project requires a permit for a change in
nonconforming use authorized by Section 179 - 28 of the
Zoning Bylaw , as well as a special permit under a
separate section of this bylaw , the proponent shall be
able to obtain a single special permit , provided the
ATM 5/ 9 / 94
proposed use meets the conditions of this bylaw . In
this instance only , the Board of Appeals shall be the
SPGA .
( 5 ) Uses requiring a special permit under this Section may
also be required to apply to the Development Plan
Review Committee as set forth in Chapter 83 -
Development Plan Review Bylaw ( Article 11 of the 1990
STM ) .
For projects generally recognized as large or
complicated , and at the applicant ' s request , the SPGA
and the Development Plan Review Committee shall
conduct a joint hearing on an application pending
before the SPGA and the Development Plan Review
Committee .
179 - 67 . Transportation , Trip Reduction , Access , Parking ,
Landscaping and Appearance 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 permit under this section
shall meet the following standards as a condition of approval .
A . Transportation Standards
( 1 ) Proposed uses shall not degrade the existing levels
of service of surrounding roads and intersections ,
including Route 6A , below Level of Service ( LOS ) C ,
based on summer peak hour traffic volumes . This
level of service for Brewster ' s roadways and inter -
sections surrounding Route 6A and for Route 6A , has
been defined in the Route 6A Corridor Study , prepared
by TAMS Consultants , Inc . , June 1992 . This study is
available in the Town Offices ( Planning Board and
Board of Selectmen ) . When the existing LOS is below
LOS C , the proponent shall maintain or improve
performance indicators .
( 2 ) Sight distance at any driveway serving at least 20
trips per day shall meet American Association of
State Highway and Transportation Officials standards
as well as those set forth in Brewster ' s Site Line
Bylaw ( Chapter 157 , Article 10 of the Town Code ) .
B . Trip Reduction Standards
All retail and service uses , and wholesale and
manufacturing uses ( see Section 179 - 11 , Table 1 , Use
Regulations ) located in the Corridor Overlay Protection
District shall prepare a trip reduction plan as a
condition for issuance of a special permit . 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 flex time programs . The
applicant shall also present a plan for future
enforcement of proposed trip reduction measures following
permit issuance .
C . 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 ;
ATM 5 / 9 / 94
( 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 .
( 2 ) The special permit granting authority may relax
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 SPGA and shall be clearly
marked " entrance " and " exit " .
( 5 ) Driveways shall be designed to provide exiting
motorists with safe sight distance .
( 6 ) Internal circulation shall be provided , to the
greatest extent possible , among adjoining premises to
encourage internal property to property pedestrian ,
bicycle and vehicular movements .
( 7 ) An occupancy permit shall not be issued for proposed
developments requiring access on a state highway
until a permanent state curb cut permit is issued and
all necessary site improvements are completed .
( 8 ) All access drives shall be separated by at least 120
feet in the CH district and VB district , as measured
between the centerline of each access drive at the
street line . This standard may only be modified in
cases where the SPGA believes it is in the best
interest of the Town to do so .
D . Parking Design Standards
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 they can be administered
with flexibility given the individual requirements of
development proposals and the parcels on which they are
proposed .
The SPGA is authorized to relax any and all of the
numerical standards established by Section 179 - 23 ( Park-
ing and loading lot standards ) provided the SPGA believes
that :
( a ) such relaxation will not conflict with the minimum
standards established by this bylaw or the purpose of
this bylaw , and
( b ) 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 .
The following guidelines are set forth to assist the applicant
and the SPGA :
( 1 ) 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 un-
loading areas shall be located and designed to allow
ATM 5 / 9 / 94
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 .
( 2 ) Loading areas shall be provided to the rear of the
lot , wherever possible .
( 3 ) 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 .
( 4 ) 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 ) .
( 5 ) In cases where shared parking is provided , the SPGA
may permit a reduction in necessary spaces since
complementary uses may require less total parking
area than each use individually .
( 6 ) Bicycle users shall be accommodated by provision of
on- site bicycle parking storage and bicycle and
walking paths .
( 7 ) 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 Section
179 - 57 of the Zoning Bylaw .
E . Landscaping , Design and Appearance Standards
( 1 ) A landscaped buffer strip shall be provided adjacent
to any public road to visually separate parking and
other uses from the road , where feasible and without
interfering with vehicular or pedestrian safety . The
buffer strip shall be approximately 15 feet in depth
and planted with a combination of grass , medium
height shrubs ( approximately 2 - 8 feet tall , evergreen
varieties preferred ) and shade trees ( planted at
least every 40 - 60 feet along the road frontage ) .
Trees and shrubs shall be set back at street and
driveway entrances , exits or intersections to allow
adequate sight distance and ensure vehicular and
pedestrian safety while entering or exiting the site .
Applicants are encouraged to review Brewster ' s Site
Line Bylaw , Chapter 157 , Article 10 of the Town Code ,
prior to designing parking lot landscaping plans .
( 2 ) A landscaped buffer strip of approximately 10 feet
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 .
( 3 ) Large parking areas shall be interrupted with land-
scaped islands such that no parking surface exceeds
60 feet in width , not including the area ( s ) used for
parking aisles / stalls . A minimum of one shade tree
shall be provided per 5 parking spaces to be placed
in a protective pervious plot of at least 60 square
feet in area .
( 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 plant -
ATM 5 / 9 / 94
ings , a wall or tight fence complimented with plant -
ings , or through some other means deemed acceptable
to the permit granting authority .
( 5 ) All landscaped areas shall be maintained . Shrubs and
trees which die shall be replaced within one growing
season .
( 6 ) Buildings and architectural design shall be
compatible with the character and scale of the
adjacent roadway and surrounding neighborhood .
( 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
project .
( 8 ) The use of bituminous paving shall be minimized .
( 9 ) Old , well established trees shall be protected by
siting buildings and parking around or within the
existing landscape .
( 10 ) Building design shall adhere to the guidelines of the
Brewster Historic District Committee in locations
subject to review by the Committee . Of significant
concern to the Committee are the issues of mass and
size , impact of projects on sites and settings ,
harmony of design and detail within the project and
setting , and compatibility of projects , while
encouraging variety and diversity .
179 - 68 Severability
The provisions of this bylaw are severable from each other and the
invalidity of any provisions or sections shall not invalidate any
other provision or section thereof , or to take any action relative
thereto .
( Planning Board )
ARTICLE 25 . To see if the Town will vote to amend the Zoning
ByLaw , Chapter 179 , Article II , Establishment of Districts , Section
179 - 3 , Districts enumerated . A . By adding a new district to be
known as the CORRIDOR OVERLAY PROTECTION DISTRICT COPD and by
adding an additional paragraph as follows :
D . The Corridor Overlay Protection District is a town-wide
overlay protection district which is superimposed over
all existing zoning districts .
or to take any other action relative thereto .
( Planning Board )
ATM 5/ 9 / 94
ARTICLE 26 . To see if the Town will vote to amend the Zoning
Bylaw by revising Article V , Section 179 - 16 : Table 3 . Height and
bulk Regulations , as follows :
Town of Brewster
District MaxinuI Permitted Maximum Building Maximum Building Maximum Percentage
Height Coverage of Lot Coverage of of Total Interior
( feet ) ( covered area as Buildable Uplands Floor Area to
percent of Within Lot Area Lot ' s Buildable
lot area ) ( percent ) Uplands
R-R 30 15
R-L 30 20
R-M 30 25
C4 30 40** 20
V-B 30 30 15
I 30 50
**Except 25% for multifamily dwellings .
NOTES :
I Any maximum height permitted in this chapter shall not apply to :
Community facility and public utility structures , provided that the side and rear
yards or setbacks required in the district for the highest permitted principal
structure shall be increased two ( 2 ) feet in width for each foot by which the
height of such structure exceeds the height permitted in the district .
Necessary appurtenant structures , such as church spire , smokestack , monument ,
flagpole , radio or television tower , aerial , airplane hangar , chimney or parapet
wall , windmill generator or similar appurtenances .
Special industrial structures , such as a cooling tower and other similar structures -
where the industrial process requires a greater height .
or to take any other action relative thereto .
( Planning Board )
ARTICLE 27 . To see if the Town will vote to amend Chapter 83 ,
Development Plan Review , as follows :
1 . ADD new subsections C . and D . to Section 83 - 4 ;
2 . DELETE Section 83 - 9 . A . ( 1 ) as currently written and replace
with language provided below ; and
ADD Section 83 - 4 C .
Uses subject to Development Plan Review shall also be required to
apply to the Planning Board for a special permit under Section 179 -
63 of the Zoning Bylaw ( Corridor Overlay Protection District ) . The
permit and procedural review afforded by the development plan
review process is believed to greatly benefit both the applicant
and relevant Town boards , committees and departments . As a result ,
applicants are urged to apply to , and meet with , the Development
Plan Review Committee ( DPRC ) prior to making application to the
Planning Board .
When requested by an applicant the Planning Board and the
Development Plan Review Committee shall conduct a joint hearing on
an application pending before the Planning Board and the Committee .
ADD Section 83 - 4 D .
As a means of coordinating this bylaw and Section 179 - 63 ( Corridor
Overlay Protection District ) , the DPRC shall be authorized to apply
the specific standards established in Section 179 - 67
( Transportation , Trip Reduction , Access , Parking , Landscaping and
Appearance Standards ) of the Corridor Overlay Protection District .
ATM 5 / 9 / 94
1 . DELETE Section 83 - 9 . A . ( 1 ) as currently written , and replace as
follows :
( 1 ) Parking and loading areas shall be located to the side or
rear of the principal structure , wherever possible .
Where site constraints prevent this , visibility of
parking areas shall be reduced through location of not
more than one - third ( 1 / 3 ) of all parking between the
building and the street ,
or to take any action relative thereto .
( Route 6A Corridor Committee )
ARTICLE 28 . To see if the Town will vote to raise and
appropriate and /or transfer from available funds the sum of Five
Thousand and 00 / 100 ( $ 5 , 000 . 00 ) Dollars to fund expenses and
services associated with the work of the Town Government Study
Committee and to authorize the Committee to expend these monies for
this purpose , or to take any other action relative thereto .
( Town Government Study Committee )
ARTICLE 29 . To see if the Town will vote to raise and
appropriate and/ or transfer from available funds the sum of Twenty-
Seven Thousand Five Hundred and 00 / 100 ( $ 271500 . 00 ) Dollars for the
purpose of purchasing , leasing , lease / purchasing and equipping
replacement telecommunication equipment for the Police / Fire
Stations , and the Water Department , and to see if the Town will
vote to authorize the Town Administrator to solicit bids , enter
into contracts , dispose of surplus property , and expend said funds
for these purposes , or to take any other action relative thereto .
( Board of Selectmen )
ARTICLE 30 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of Five
Thousand and 00 / 100 ( $ 5 , 000 . 00 ) Dollars to be added to the Police
Department ' s Special Detail Fund , which was originally created
under Section 53C of Chapter 44 of the General Laws , or to take any
other action relative thereto .
( Police Department )
ARTICLE 31 . To see if the Town will vote to raise and
appropriate and/ or transfer from available funds the sum of Thirty
Thousand and 00 / 100 ( $ 30 , 000 . 00 ) Dollars to make repairs to the
second floor of the Council on Aging /Old Town Hall Building and to
authorize the Town Administrator to solicit bids , enter into
contracts and expend said funds for this purpose , or to take any
other action relative thereto .
( Board of Selectmen )
ATM 5/ 9/ 94
ARTICLE 32 . To see if the Town will vote to raise and
appropriate and /or transfer from available funds the sum of Two
Thousand Five Hundred and 00 / 100 ( $ 2 , 500 . 00 ) Dollars to insure that
the following Town Buildings and facilities are in compliance with
the American ' s With Disabilities Act
1 . Council on Aging /Old Town Hall Building
2 . Town Offices Building
3 . Police Department
and to authorize the Town Administrator to solicit bids , enter into
contracts , and expend said funds for these purposes , or to take any
other action relative thereto .
( Board of Selectmen )
ARTICLE 33 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of Six
Thousand and 00 / 100 ( $ 6 , 000 . 00 ) Dollars to repair the heating
system for the Town Offices Building and to authorize the Town
Administrator to solicit bids , enter into contracts , and expend
said funds for these purposes , or to take any other action relative
thereto .
( Board of Selectmen )
ARTICLE 34 . To see if the Town will vote to designate an
official Town Flag and to raise and appropriate and / or transfer
from available funds the sum of Two Thousand Two Hundred and 00 / 100
( $ 2 , 200 . 00 ) Dollars , and to authorize the Town Administrator to
solicit bids , enter into contracts and expend said funds for this
purpose , or to take any other action relative thereto .
( Board of Selectmen )
ARTICLE 35 . To see if the Town will vote to transfer in
accordance with the General Laws , Chapter 131 , Section 40 , as
amended , the sum of Five Thousand and 00 / 100 ( $ 5 , 000 . 00 ) Dollars to
assist the Conservation Commission in its duties under the Wetlands
Protection Act , to finance the associated expenses of hiring
professional consultants to coordinate an aerial mapping project
and analyze existing aerial photographs to produce an overlay map
of wildlife corridors and habitats , and to authorize the
Conservation Commission to solicit bids , enter into contracts ,
expend said funds and perform all necessary related duties in
relation to this project , or to take any other action relative
thereto .
( Conservation Commission )
ATM 5/ 9 / 94
ARTICLE 36 . To see if the Town will vote to raise and
appropriate and/or transfer from available funds the sum of One
Hundred Thirty-Two Thousand Five Hundred and 00 / 100 ( $ 132 , 500 . 00 )
Dollars , said funds to be allocated , as follows :
1 . Ladder Truck Lease $ 149000 . 00
2 . Rescue Equipment 10 , 000 . 00
3 . Rescue Billing 129000 . 00
4 . Immunization and Infection Control 31000 . 00
5 . Ambulance Purchase and Equipment ( Replacement ) 90 ,000 . 00
6 . Portable Radios ( Replacement ) 3 .500 . 00
Total $ 132 , 500 . 00
and to authorize the Fire Chief to solicit bids , enter into
contracts , dispose of surplus property and expend said funds for
these purposes , or to take any other action relative thereto .
( Fire Department )
ARTICLE 37 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of
Nine Thousand Six Hundred Fifty and 00 / 100 ( $ 9 , 650 . 00 ) Dollars , for
the following purposes :
A . Millsites
Make necessary concrete and stone repairs to the head wall
next to the sluice way
B . Millsites
Purchase and install new interpretative display boards and
replace old signs
Co Alewife
Make necessary repairs to the stone retaining wall , North
of Stoney Brook Rd .
D . Alewife
To purchase and install new interpretative display boards
and replace old signs
E . Alewife
To purchase concrete and other necessary materials to
enable the Division of Marine Fisheries to complete repairs
and reconstruction of the fish ladders .
and to authorize the Alewife Committee to solicit bids , enter into
contracts and expend said funds for these purposes , or to take any
other action relative thereto .
( Alewife Committee )
ARTICLE 38 . To see if the Town will vote to authorize the Board
of Health to enter into a contract or contracts to hold a Household
Hazardous Waste Collection Day and to raise and appropriate and/ or
transfer from available funds the sum of Fifteen Thousand and
00 / 100 ( $ 15 , 000 . 00 ) Dollars for this purpose , or to take any other
action relative thereto .
( Board of Health )
ATM 5/ 9 / 94
ARTICLE 39 . To see if the Town will vote to raise and
appropriate and/ or transfer from available funds the sum of Twenty-
Three Thousand Three Hundred Fifty and 00 / 100 ( $ 23 , 350 . 00 ) Dollars
for the purpose of purchasing , leasing , lease / purchasing and
equipping , the following :
1 . Pick- up Truck $ 152950 . 00
2 . Power Pole Replacement 3 , 300 . 00
3 . Garage Door Replacement 4 . 100 . 00
Total $ 23 , 350 . 00
and to see if the Town will vote to authorize the Water Commission
to solicit bids , enter into contracts , dispose of surplus property ,
and expend said funds for these purposes , or to take any other
action relative thereto .
( Water Commission )
ARTICLE 40 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of Eighty
Thousand and 00 / 100 ( $ 80 , 000 . 00 ) Dollars to add to the Water
Department Construction Account , and to authorize the expenditure
thereof under the direction of the Board of Water Commissioners and
to appropriate these funds for the construction of new water mains ,
for the extension of existing water mains , for the payment of water
projects , and for the general enhancement of the water system , or
to take any other action relative thereto .
( Water Commission )
ARTICLE 41 . To see if the Town will vote to transfer from the
following previous authorized articles : One Hundred Seventy
Thousand , and 00 / 100 ( $ 170 , 000 . 00 ) Dollars appropriated under
Article No . 37 ( Water Well Construction ) of the Annual Town Meeting
of May 14 , 1990 ; Thirty Thousand Seven Hundred Twenty- Five and
21 / 100 ( $ 30 , 725 . 21 ) Dollars appropriated under Article No . 23
( Water Standpipe Maintenance ) of the Special Town Meeting of
October 15 , 1990 ; One Thousand Two Hundred Ninety- Five and 94 / 100
( $ 1 , 295 . 94 ) Dollars appropriated under Article No . 79 ( Water
Standpipe ) of the Annual Town Meeting of May 9 , 1989 ; for a total
appropriation of Two Hundred Two Thousand Twenty-One and 15 / 100
( $ 202 , 021 . 15 ) Dollars for the purpose of laying water mains for
system enhancement , hydraulic looping and associated engineering
for any or all of the following locations :
1 . Extension of Rte . 124 south to the Harwich line .
2 . Looping Robinwood subdivision with Owl Pond subdivision
and Vesper Pond subdivision .
3 . Punkhorn corners to Pond View Dr .
and other locations under the direction of the Board of Water
Commissioners and to see if the Town will vote to authorize the
Water Commission to solicit bids , enter into contracts and/ or
agreements , and expend said funds for these purposes , or to take
any other action relative thereto .
( Water Commission )
ARTICLE 42 . To see if the Town will vote to raise and
appropriate and/ or transfer from available funds the sum of Thirty-
Five Thousand Four Hundred and 00 / 100 ( $ 35 , 400 . 00 ) Dollars for the
purpose of constructing , purchasing , leasing , lease / purchasing and
equipping , the following :
1 . Triplex Mower ( Replacement ) $ 161000 . 00
2 . Cart Paths Construction 147000 . 00
3 . Trailer 41000 . 00
4 . Utility Blower 1 . 400 . 00
Total $ 352400 . 00
ATM 5 / 9 / 94
and to see if the Town will vote to authorize the Golf Commission
to solicit bids , enter into contracts , dispose of surplus property ,
and expend said funds for these purposes , or to take any other
action relative thereto .
( Golf Commission )
ARTICLE 43 . To see if the Town will vote to raise and
appropriate and /or transfer from available funds the sum of Seventy
Seven Thousand Seven Hundred and 00 / 100 ( $ 77 , 700 . 00 ) Dollars for
the purpose of contracting to purchase equipment ; to obtain
miscellaneous road maintenance services ; and to obtain
miscellaneous drainage installation services ; and to pay for other
associated expenses , as follows :
1 . Pick-up Truck ( Replacement ) $ 23 , 500 . 00
2 . Field Mower ( New ) 4 , 000 . 00
3 . Great Fields Road Paving Project 202000 . 00
4 . Drainage Installation Projects 232200 . 00
5 . Sand Spreader ( Replacement ) 7 . 000 . 00
Total $ 77 , 700 . 00
and to authorize the Department of Public Works to solicit bids ,
enter into contracts , dispose of surplus property , and expend said
funds for these purposes , or to take any other action relative
thereto .
( Department of Public Works )
ARTICLE 44 . To see if the Town will vote to raise and
appropriate and/ or transfer from available funds the sum of Four
Hundred Fifty and 00 / 100 ( $ 450 . 00 ) Dollars to purchase up to 6
traffic safety barrels for bikeway and pedestrian safety on those
Town roadways which intersect with the Cape Cod Rail Trail and to
authorize the Bikeway Committee to solicit bids , enter into
contracts and/ or agreements and expend said funds for this purpose ,
or to take any other action relative thereto .
( Bikeway Committee )
ARTICLE 45 . To see if the Town will vote to raise and
appropriate and /or transfer from available funds the sum of Two
Thousand and 00 / 100 ( $ 2 , 000 . 00 ) Dollars to offset costs associated
with the Youth Hockey Program , or to take any other action relative
thereto .
( Recreation Commission )
ARTICLE 46 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of Fifty
Thousand and 00 / 100 ( $ 50 , 000 . 00 ) Dollars which shall be used by the
Trustees of the Ladies Library to contract for design services and
other planning expenses in connection with the construction of an
addition to the existing Ladies Library Building , or to take any
other action relative thereto .
( Library Trustees )
ATM 5 / 9 / 94
ARTICLE 47 . To see if the Town will vote to raise and
appropriate and/ or transfer from available funds the sum of Twenty
Five Thousand Five Hundred Seventy and 00 / 100 ( $ 25 , 570 . 00 ) Dollars ,
said fund to be allocated , as follows :
1 . Playground Access Improvements $ 152570 . 00
2 . Improvements to the Elementary School
Building 15 . 923 . 00
Total $ 31 , 493 . 00
and to authorize the School Committee to solicit bids , dispose of
surplus property , enter into contracts and expend said funds for
these purposes , or to take any other action relative thereto .
( Elementary School Committee )
ARTICLE 48 . To see if the Town will vote to authorize the Board
of Selectmen to purchase for municipal purposes a parcel of land to
be used to provide access from Underpass Road to the existing
Elementary School property , where the Town is planning to construct
a new Elementary School Building , and to raise and appropriate
and/ or transfer from available funds a sum of money for this
purpose , or to take any other action relative thereto .
( Board of Selectmen )
ARTICLE 49 . To see if the Town will vote to raise and
appropriate and/ or transfer from available funds a sum of money for
the purpose of continuing the design , and engineering for a new
Brewster Elementary School , including costs incidental and related
to the carrying out of the project and to authorize the Brewster
Elementary School Building Committee to solicit bids , enter into
contracts and expend said funds for this purpose , or to take any
other action relative thereto .
( Elementary School Building Committee )
ARTICLE 50 . To see if the Town will vote to approve the
indebtedness to be authorized by the School Committee of the Nauset
Regional School District at the Annual Town Meeting , in the amount
of Eight Hundred Thousand and 00 / 100 ( $ 800 , 000 . 00 ) Dollars , for the
purpose of preparing architectural and engineering plans for
remodeling , reconstructing and making extraordinary repairs to the
High School and for construction , originally equipping and
furnishing an additional thereto , and to the extent of any
remaining balance for such addition and construction , and to
further raise and appropriate and or transfer from available funds
the sum of Ten Thousand Seven Hundred Seventy Four and 00 / 100
( $ 10 , 774 . 00 ) Dollars to pay interest on the sums of money borrowed
by the Nauset Regional School District for the borrowing expenses
for this purpose , or to take any other action relative thereto .
( Nauset Regional School Committee )
ATM 5 / 9 / 94
ARTICLE 51 . To see if the Town will vote to amend the Zoning
Bylaw , Chapter 149 , by eliminating the existing Article XI , WATER
RESOURCE DISTRICT and adding the following :
ARTICLE XI
GROUNDWATER PROTECTION DISTRICT BYLAW
119 . 53 PURPOSE OF DISTRICT
The purpose of this Groundwater Protection District is :
A . to promote the health , safety , and general welfare of
the community by ensuring an adequate quality and
quantity of drinking water for the residents ,
institutions , and businesses of the Town of Brewster ;
Be to preserve and protect existing and potential sources
of drinking water supplies ;
Co to conserve the natural resources of the Town ; and
D . to prevent temporary and permanent contamination of the
environment .
179 . 54 SCOPE OF AUTHORITY
The Groundwater Protection District is an overlay district
superimposed on the zoning districts . This overlay district
shall apply to all new construction , reconstruction , or
expansion of existing buildings and new or expanded uses .
Applicable activities or uses in a portion of one of the
underlying zoning districts which fall within the
Groundwater Protection District must additionally comply
with the requirements of this district . Uses that are
prohibited in the underlying zoning districts shall not be
permitted in the Groundwater Protection District .
179 . 55 DEFINITIONS
For the purposes of this Bylaw , the following words and
phrases will define terms used within :
AQUIFER : Geologic formation composed of rock , sand , or
gravel that contains significant amounts of
potentially recoverable water .
GROUNDWATER
PROTECTION
DISTRICT : The zoning district defined to overlay other
zoning districts in the Town of Brewster . The
groundwater protection district may include
specifically designated recharge areas .
IMPERVIOUS
SURFACE : Material or structure on , above , or below the
ground that does not allow precipitation or
surface water to penetrate directly into the soil .
MINING : The removal or relocation of geologic materials
such as topsoil , sand , gravel , metallic ores , or
bedrock .
PROCESS
WASTEWATER : All wastewater disposed of on site other than
sanitary wastewater .
RECHARGE
AREAS : Areas that collect precipitation or surface water
and carry it or have it pumped to aquifers .
ATM 5/ 9 / 94
Recharge areas may include areas designated as
Zone I , Zone II , or Zone III .
TOXIC OR
HAZARDOUS
MATERIAL : Any substance or mixture of physical , chemical , or
any infectious characteristics posing a
significant , actual , or potential hazard to water
supplies or other hazards to human health if such
substance or mixture were discharged to land or
water of the Town of Brewster . Toxic or hazardous
materials include , without limitation , organic
chemicals , petroleum products , heavy metals ,
radioactive or infectious wastes , acids and
alkalis , products such as pesticides , herbicides ,
and all substances defined as Toxic or Hazardous
under Massachusetts General Laws ( MGL ) Chapters
21C and 21E and 310 CMR 30 . 00 , and also includes
such products as solvents and thinners in
quantities greater than normal household use .
179 . 56 ESTABLISHMENT AND DELINEATION OF
GROUNDWATER PROTECTION DISTRICT
For the purposes of this district , there are hereby established
within the Town of Brewster certain groundwater protection areas ,
consisting of aquiferp or recharge areas which are delineated on
a map . This mar is at a scale of 1 inch to 1169 feet and is
entitled " Groundwater Protection District , Town of Brewster , "
dated February 18 , 1994 . This map is hereby made a part of the
town zoning bylaw and is on file in the Office of the Town Clerk .
Land in a Groundwater Protection District shall be subject to the
following restrictions , in addition to those of the underlying
district .
179 . 57 DISTRICT BOUNDARY
DISPUTES
If the Building Commissioner cannot determine with assurance that
a lot lies outside the district , he shall render a decision that
the lot lies inside the district . In accordance with
Massachusetts General Laws Chapter 40A , Section 14 , the lot owner
shall have the right to appeal for a full public hearing before
the Board of Appeals .
The burden of proof shall be upon the owner ( s ) of the land in
question to show where the bounds should properly be located . At
the request of the owner ( s ) , the Town may engage a professional
engineer ( civil or sanitary ) , hydrologist , geologist , or soil
scientist to determine more accurately the boundaries of the
district with respect to individual parcels of land , and may
charge the owner ( s ) for all or part of the cost of the
investigation .
179 . 58 USE REGULATIONS
A . Prohibited Uses
Within the Groundwater Protection District , the following
uses are prohibited :
( 1 ) landfills and open dumps as defined in 310 CMR
19 . 006 ;
( 2 ) storage of liquid petroleum , except the following :
a . normal household use , outdoor maintenance ,
and heating of a structure ;
ATM 5 / 9/ 94
b * waste oil retention facilities required by
statute , rule , or regulation ;
C * emergency generators required by statute ,
rule or regulation ;
d * treatment works approved under 314 CMR 5 . 00
for treatment of ground or surface waters ;
provided that such storage , listed in items a . through d .
above is in free standing containers within buildings or
above ground with secondary containment adequate to contain
a spill the size of the container ' s total storage capacity .
( 3 ) landfilling of sludge or septage as defined in 310
CMR 32 . 05 ;
( 4 ) storage of sludge and septage , unless such storage
is in compliance with 310 CMR 32 . 30 and 310 CMR
32 . 31 ;
( 5 ) individual sewage disposal systems are designed in
accordance with 310 CMR 15 . 00 to receive more than
110 gallons of sewage per quarter acre under one
ownership per day , or 440 gallons of sewage on any
one acre under one ownership per day , whichever is
greater , provided that :
a * the replacement or repair of a system , which
will not result in an increase in design
capacity over the original design , or the
design capacity of 310 CMR 15 . 00 , whichever
is greater , shall be exempted ;
bo systems in existence at the date of passage
of this bylaw are exempt from Section a
provided that the regulations of 179 . 60 A are
met .
C * in cluster subdivisions the total sewage flow
allowed shall be calculated based on the
number of percable lots in the entire parcel ;
( 6 ) storage of deicing chemicals unless such storage ,
including loading areas , is designed to prevent
the generation and escape of contaminated runoff
or leachate ;
( 7 ) storage of animal manure unless covered or
contained in accordance with the specifications of
the United States Soil Conservation Service ;
( 8 ) earth removal , consisting of the removal of soil ,
loam , sand , gravel , or any other earth material
( including mining activities ) to within 4 feet of
historical high groundwater as determined from
monitoring wells and historical water table
fluctuation data compiled by the United States
Geological Survey , except for excavations for
building foundations , roads , or utility works ;
( 9 ) facilities that generate , treat , store , or dispose
of hazardous waste subject to MGL 21C and 310 CMR
30 . 000 , except the following :
a . very small quantity generators as defined
under 310 CMR 30 . 000 ;
bo household hazardous waste centers and events
under 310 CMR 30 . 390 ;
ATM 5 / 9 / 94
ce waste oil retention facilities required by
MGL Chapter 21 , Section 52A ;
do water remediation treatment works approved by
DEP for the treatment of contaminated ground
or surface waters ;
( 10 ) automobile graveyards and junkyards , as defined in
MGL Chapter 140B , Section 1 ;
( 11 ) treatment works that are subject to 314 CMR 5 . 00
including privately owned sewage treatment
facilities , except for the following :
a . the replacement or repair of an existing
treatment works that will not result in a
design capacity greater than the design
capacity of the existing treatment works ;
be the replacement of existing subsurface sewage
disposal system ( s ) with wastewater treatment
works that will not result in a design
capacity greater that the design capacity of
the existing system ( s ) ;
co treatment works approved by the Massachusetts
Department of Environmental Protection
designed for the treatment of contaminated
groundwater ;
d . Sewage treatment facilities in those areas
with existing water quality problems when it
has been demonstrated to the Department of
Environmental Protection ' s and the Special
Permit Granting Authority ' s satisfaction both
that these problems are attributable to
current septic problems and that there will
be a net improvement in water quality .
( 12 ) storage of hazardous materials , as defined in MGL
Chapter 21E , unless in a free standing container
within a building or above ground with adequate
secondary containment adequate to contain a spill
the size of the container ' s total storage
capacity ;
( 13 ) industrial and commercial uses which discharge
process wastewater on- site ;
( 14 ) stockpiling and disposal of snow and ice
containing deicing chemicals if brought in from
outside the district ;
( 15 ) storage of commercial fertilizers , as defined in
MGL Chapter 128 , Section 64 , unless such storage
is within a structure designated to prevent the
generation and contaminated runoff or leachate ;
( 16 ) the use of septic system cleaners which contain
toxic or hazardous chemicals .
Be Uses and Activities Requiring a Special Permit
The following uses and activities are permitted only upon
the issuance of a Special Permit by the Special Permit
Granting Authority ( SPGA ) under such conditions as they may
require :
( 1 ) enlargement or alteration of existing uses that do
not conform to the Groundwater Protection
District ;
ATM 5 / 9 / 94
( 2 ) the application of pesticides , including
herbicides , insecticides , fungicides , and
rodenticides , for non-domestic or non- agricultural
uses in accordance with state and federal
standards . The special permit shall be granted if
such standards are met . If applicable , the
applicant should provide documentation of
compliance with a Yearly Operating Plan ( YOP ) for
vegetation management operations under 333 CMR
11 . 00 or a Department of Food and Agriculture
approved Pesticide Management Plan or Integrated
Pest Management ( IPM ) program under 333 CMR 12 . 00 .
( 3 ) the application of fertilizers for non- domestic or
non- agricultural uses . Such applications shall be
made in a manner so as to minimize adverse impacts
on groundwater due to nutrient transport ,
deposition , and sedimentation ;
( 4 ) those activities that involve the handling of
toxic or hazardous materials in quantities greater
than those associated with normal household use ,
permitted in the underlying zoning ( except as
prohibited under Section B ) . Such activities
shall require a special permit to prevent
contamination of groundwater ;
( 5 ) the construction of dams or other water control
devices , ponds , pools or other changes in
waterbodies or courses , created for swimming ,
fishing or other recreational uses , agricultural
uses , or drainage improvements . Such activities
shall not adversely affect water quality or
quantity ;
( 6 ) Any use that will render impervious more than 15%
or 2 , 500 square feet of any lot , whichever is
greater . A system for groundwater recharge must
be provided which does not degrade groundwater
quality . For non- residential uses , recharge shall
be by stormwater infiltration basins or similar
system covered with natural vegetation , and dry
wells shall be used only where other methods are
infeasible . For all non- residential uses , all
such basins and wells shall be preceded by oil ,
grease and sediment traps to facilitate removal of
contamination . Any and all recharge areas shall
be permanently maintained in full working order by
the owner .
( 7 ) Any use which involves on- site wastewater disposal
facilities having over 15 , 000 gallons per day
capacity or disposal of process waste from
operations other than personal hygiene and food
for residents , patrons , and employees .
( 8 ) Boat and motor vehicle service and repair .
179 . 59 PROCEDURES FOR ISSUANCE OF SPECIAL PERMIT
The Special Permit Granting Authority ( SPCA ) shall be the Board
of Appeals , except where a Special Permit is required by Section
IX of the Zoning Bylaw . The SPCA authorized by that section
shall act on the Special Permit as required by this Bylaw .
Such Special Permit may be granted if the SPCA determines that
the intent of this Bylaw as well as the specific provisions of
the Performance Standards are met . In making such determination ,
the SPCA shall give consideration to the simplicity , reliability
and feasibility of the control measures proposed and the degree
ATM 5 / 9/ 94
of threat to water quality which would result from the
recommendation of the Water Quality Review Committee in its
decision .
179 . 60 PERFORMANCE STANDARDS
To preserve the natural land surface providing high quality
recharge to the groundwater , to limit sewage flow and fertilizer
application to amounts which will be adequately diluted by
natural recharge , and to prevent the discharge or leakage of
toxic or hazardous substances into the groundwater resource . All
uses shall meet the following performance standards .
A . The concentration of nitrate nitrogen resulting from
domestic wastewater disposal and from fertilizer
application , when diluted by rainwater recharge on the
lot , shall not exceed 5 ( five ) parts per million ( ppm ) .
A demonstration of compliance to this section shall be
to the satisfaction of the Board of Health . Compliance
with this standard is presumed under the following
conditions :
All Uses :
A sewage flow as determined by Title 5 of the State
Environmental Code not exceeding 110 gallons per day ( gpd )
per 10 , 000 sq . ft . of lot area , and less than 10% of the lot
area maintained in cultivated lawn .
Compliance shall otherwise be certified by a Registered
Professional Engineer in Sanitary or Civil Engineering and
will require a Special Permit .
B . All toxic or hazardous materials shall be stored in
product tight containers , protected from corrosion ,
accidental damage or vandalism and shall be used and
handled in such a way as to prevent spillage with
provisions for spill containment and clean- up
procedures .
In addition , commercial enterprises shall be required to
maintain a product inventory and reconcile said inventory
with purchase , use , sales and disposal records at
sufficient intervals to detect product loss . Subsurface
fuel and chemical storage facilities in compliance with
local regulations and Massachusetts Fire Prevention
Regulations shall be deemed to be in compliance with this
standard .
Co No toxic or hazardous materials shall be present in
wastes disposed on the site . Wastes composed in part
or entirely of toxic or hazardous materials shall be
retained in product tight containers for removal and
disposal by a licensed scavenger service or as directed
by the Board of Health .
D . Contaminant levels in groundwater resulting from
disposal of process wastes from operations other than
personal hygiene and food for residents , patrons and
employees or from wastewater treatment and disposal
systems greater than 15 , 000 gallons per day capacity
shall not exceed those levels specified in the
" Drinking Water Regulations of Massachusetts " , 310 CMR
22 . 00 , after allowing for dilution by natural recharge
on the premises . If higher , background levels of
individual constituents in the groundwater shall not be
exceeded .
E . All runoff from impervious surfaces shall be recharged
on the site , diverted toward areas covered with
vegetation for surface infiltration to the extent
ATM 5 / 9 / 94
possible . Dry wells shall be used only where other
methods are infeasible , and shall be preceded by oil ,
grease and sediment traps to facilitate removal of
contaminated solids . In the vicinity of chemical or
fuel delivery points , provision shall be made for spill
control .
F . Sand and gravel removal operations shall be limited to
a 4 foot depth from historically calculated high
groundwater as determined from monitoring wells and
historical water table fluctuation data compiled by the
United States Geological Survey so that the water table
will not be exposed at any time . Land area exposed at
any one time shall be minimized and land shall be
returned to a natural vegetative stated within one year
of completion of operations .
G . Where the premises are partially outside of the
GROUNDWATER PROTECTION DISTRICT , such potential
pollution sources as on- site waste disposal systems
shall , to the degree feasible , be located outside the
District .
179 . 61 WATER QUALITY REVIEW
A . Water Qualitv Review Committee . There is hereby
established a Water Quality Review Committee ( WQRC ) ,
comprising one representative each appointed from time
to time by and from the Board of Selectmen , Board of
Health , Planning Board , Conservation Commission , Water
Commission , Health Director and Building Commissioner .
B . Certificate of Water Qualitv Compliance . A certificate
of Water Quality Compliance shall be obtained by the
owner of the premises from the WQRC or , for Special
Permit uses , from the SPGA .
( 1 ) For erection of any new principal structure other
than a single family dwelling or for change in
occupancy requiring a Certificate of Use and
Occupancy under the State Building Code ;
( 2 ) For occupancy of any premises not requiring a
Certificate of Use and Occupancy but involving the
storage , handling or transportation of toxic or
hazardous wastes .
No building permit or Certificate of Use and Occupancy shall
be issued by the Building Commissioner unless a Certificate
of Water Quality Compliance , if required , has been applied
for or obtained .
C . Reauirements . A Certificate of Water Quality
Compliance shall be grantedonlyas follows :
( 1 ) for new construction or additions or new
activities not involving structures , only if in
full compliance with all requirements of Section
179 . 60 , Performance Standards .
( 2 ) for change in occupancy or operation on previously
developed premises , only if the requirements of
Section 179 . 60 , paragraphs B , C and D are met , and
the requirements of all other paragraphs of
Section 179 . 58 are either met or , if previously
exceeded , there will be no further increase in
non- compliance .
ATM 5/ 9 / 94
D . SUBMITTALS . In applying for a Certificate of Water Quality
Compliance , or a Special Permit , 7 sets of application
materials shall be submitted to the Building Commissioner ,
who shall forward one set to each member of the WQRC . In
the case of uses requiring a Special Permit under Section
179 . 58 C , one set shall also be submitted to the SPGA along
with any other application materials . All information
necessary to demonstrate compliance must be submitted ,
including but not limited to the following :
( 1 ) A complete list of all chemicals , pesticides ,
fuels and other potentially toxic or hazardous
materials to be used or stored on the premises in
quantities greater than those associated with
normal household use , accompanied by a description
of measures to protect from vandalism , corrosion
and leakage , and to provide for control of spills .
( 2 ) A description of potentially toxic or hazardous
materials to be generated , indicating storage and
disposal method .
( 3 ) Evidence of approval by Massachusetts Department
of Environmental Protection of any industrial
waste treatment or disposal system or any
wastewater treatment system over 15 , 000 gallons
per day capacity , accompanied by analysis by a
Professional Engineer in Sanitary or Civil
Engineering registered in the Commonwealth of
Massachusetts certifying compliance with 179 . 60 D .
E . ACTION . For uses not requiring a Special Permit under
Section 179 . 58 C , the WQRC shall act within 21 days of
application , approving it by issuing a Certificate of
Compliance if a majority determine that the applicant
has adequately demonstrated compliance with the
requirements of the Water Resource District , and
rejecting the application otherwise . For uses
requiring a Special Permit under Section 179 . 58 C , the
WQRC shall make recommendations to the SPGA within 35
days of receipt of the application , as provided in
Section 11 , Chapter 40A , Massachusetts General Laws .
F . CERTIFICATE REVIEW . Each three years the WQRC shall
review compliance with this Bylaw and the Certificate
of Water Quality Compliance . Upon request , Certificate
holders shall submit the following :
( 1 ) Description of any changes from the originally
submitted materials .
( 2 ) Certification that the waste disposal system has
been inspected by a licensed septic system
installer or treatment plant operator within the
preceding 90 days and found to be properly
maintained and in proper operating condition .
( 3 ) Results from analysis of leachate or wastewaters
as may be required by the Board of Health .
Evidence of non- compliance shall be reported to the
Building Commissioner for enforcement action .
ATM 5 / 9 / 94
179 . 62 ENFORCEMENT
A . Inspection : These provisions shall be enforced by the
Building Commissioner . The Building Commissioner or Agent
of the Board of Health may enter upon the premises at any
reasonable time to inspect for compliance with the
provisions of this Bylaw . Evidence of compliance with
approved waste disposal plans may be required by the
enforcing officers . All records pertaining to waste
disposal and removal shall be retained .
Be Violations : Written notice of any violations shall be
provided to the holder of the Certificate of Water
Quality Compliance , specifying a time for compliance
including cleanup of any spilled materials which is
reasonable in relation to the public health hazard
involved and the difficulty of compliance , but in no
event shall more than 30 days be allowed for either
compliance or finalization of a plan for longer term
compliance , approved by the WQRC *
or to take any other action relative thereto .
( Water Quality Review Committee )
ARTICLE 52 . To see if the Town will vote to amend the Zoning
Bylaw , Chapter 179 , Article II , Establishment of Districts ,
Section 179 - 31 Districts enumerated . A . by eliminating the
zoning district WATER RESOURCE ( WRD ) and adding GROUNDWATER
PROTECTION DISTRICT ( GPD ) *
or to take any other action relative thereto .
( Water Quality Review Committee )
ARTICLE 53 . To see if the Town will vote to change the use
from Commercial ( C -H District ) to Residential use for the land
locked at Clipper Village formally Yankee Village , Lots 2 - 6 ( 5 )
Yankee Drive . To allow five ( 5 ) residential homes to be built
there , Map 26 Lot 4 - 1 formally Lots 4 - 8 Brewster MA . As shown on
a plan of land redivision of land in Brewster , MA dated 12 / 3 / 93 ,
Schofield Brothers , Registered Professional Engineers and Land
Surveyors . As approved by the Planning Board December 14 , 1993 .
This petition is based upon the 44 lot subdivision now
residential once commercial , Lots 2 - 6 being of equal size to the
44 lots at Clipper Village with one entrance possible to the
entire project to balance the use . Including land situated in
Brewster , Barnstable County , Massachusetts described as Lots 1 - 44
inclusive as shown on a plan entitled , " Clipper Village
Subdivision Plan of Land in Brewster , MA , " as prepared for Yankee
Village at Brewster Development Corporation in Brewster , MA .
dated August 25 , 1993 , and recorded with the Barnstable County
Registry of Deeds in Plan Book 498 , P . 42 . , or to take any other
action relative thereto .
( Citizen ' s Petition )
ATM 5 / 9/ 94
ARTICLE 54 . To see if the Town will vote to authorize the
Board of Selectmen to lay out and make public the private way
known as Consodine Drive in accordance with Article 50
( Betterment Assessments ) of May 1974 Annual Town Meeting ; to
authorize the Board of Selectmen to acquire by gift , by purchase ,
or by eminent domain all land , easements , and rights needed to
lay out this way as a town way ; to authorize the Board of
Selectmen to proceed with the reconstruction of this way after it
has been determined that the provisions of Article 50 have been
satisfied ; to raise and appropriate , to transfer from available
funds , and/ or to obtain by borrowing a sum of money to pay for
the costs of acquisition , engineering , construction ,
reconstruction , and related expenses in connection therewith ; to
authorize the Town Treasurer , with the approval of the Board of
Selectmen , to borrow the sum of Thirteen Thousand Five Hundred
Ninety- Nine and 00 / 100 ( $ 13 , 599 . 00 ) Dollars , under and pursuant
to Massachusetts General Laws Chapter 44 , Section 7 or any other
enabling authority and to issue notes and bonds of the Town
therefor ; and , initially , to raise and appropriate and / or
transfer from available funds a sum of money , to be recovered
through the betterment assessments against the abutters , to pay
the first year ' s principal and interest expenses for this
project , or to take any other action relative thereto .
( Citizen ' s Petition )
ARTICLE 55 . To see if the Town will vote to authorize the
Board of Selectmen to lay out and make public the private way
known as Owl Pond Road in accordance with Article 50 ( Betterment
Assessments ) of May 1974 Annual Town Meeting ; to authorize the
Board of Selectmen to acquire by gift , by purchase , or by eminent
domain all land , easements , and rights needed to lay out this way
as a town way ; to authorize the Board of Selectmen to proceed
with the reconstruction of this way after it has been determined
that the provisions of Article 50 have been satisfied ; to raise
and appropriate , to transfer from available funds , and / or to
obtain by borrowing a sum of money to pay for the costs of
acquisition , engineering , construction , reconstruction , and
related expenses in connection therewith ; to authorize the Town
Treasurer , with the approval of the Board of Selectmen , to borrow
the sum of Thirty- Two Thousand and 00 / 100 ( $ 32 , 000 . 00 ) Dollars ,
under and pursuant to Massachusetts General Laws Chapter 44 ,
Section 7 or any other enabling authority and to issue notes and
bonds of the Town therefor ; and , initially , to raise and
appropriate and/ or transfer from available funds a sum of money ,
to be recovered through the betterment assessments against the
abutters , to pay the first year ' s principal and interest expenses
for this project , or to take any other action relative thereto .
( Citizen ' s Petition )
ARTICLE 56 . To see if the Town will vote to authorize the
Board of Selectmen to lay out and make public the private way
known as Pell ' s Fishing Road in accordance with Article 50
( Betterment Assessments ) of May 1974 Annual Town Meeting ; to
authorize the Board of Selectmen to acquire by gift , by purchase ,
or by eminent domain all land , easements , and rights needed to
lay out this way as a town way ; to authorize the Board of
Selectmen to proceed with the reconstruction of this way after it
has been determined that the provisions of Article 50 have been
satisfied ; to raise and appropriate , to transfer from available
funds , and / or to obtain by borrowing a sum of money to pay for
the costs of acquisition , engineering , construction ,
reconstruction , and related expenses in connection therewith ; to
authorize the Town Treasurer , with the approval of the Board of
Selectmen , to borrow the sum of Seven Thousand Two Hundred and
00 / 100 ( $ 7 , 200 . 00 ) Dollars , under and pursuant to Massachusetts
General Laws Chapter 44 , Section 7 or any other enabling
authority and to issue notes and bonds of the Town therefor ; and ,
ATM 5 / 9/ 94 . ,
initially , to raise and appropriate and/ or transfer from
available funds a sum of money , to be recovered through the
betterment assessments against the abutters , to pay the first
year ' s principal and interest expenses for this project , or to
take any other action relative thereto .
( Citizen ' s Petition )
ARTICLE 57 . To see if the Town will vote to authorize the
Board of Selectmen to acquire by gift , by purchase , or by eminent
domain all water easement rights needed to install a water main
with eight ( 8 " ) inch pipe approximately 11100 feet from Route 137
along the full length of McGeurty Road in the Town of Brewster ;
to authorize the Board of Water Commissioners to extend this
water main in this fashion after the Water Commissioners have
determined that the requirements of the Brewster Water Betterment
Assessment Program have been satisfied ; to raise and appropriate
and / or transfer from available funds a sum of money to defray the
initial costs of this project ; to authorize the Town Treasurer ,
with the approval of the Board of Selectmen , to borrow the sum of
Twenty- Four Thousand Eighty- Two and 00 / 100 ( $ 24 , 082 . 00 ) Dollars
under and pursuant to Massachusetts General Laws Chapter 44 ,
Section 8 and any other enabling authority and to issue notes and
bonds of the Town therefor in order to finance the total cost of
acquisition , engineering , construction , reconstruction , and any
related and incidental expenses ; to raise and appropriate and / or
transfer from available funds a sum of money for the purpose of
paying interest on the notes issued in anticipation thereof ; and
to raise and appropriate and/ or transfer from available funds
raised through the betterment assessment of abutting landowners
the Town ' s costs and expenses for this project , or to take any
other action relative thereto .
( Water Commission )
ARTICLE 58 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds these sums of
money , for the following organizations :
1 . Cape Cod Child Development Program , Inc . $ 43456 . 00
2 . Nauset , Inc . 52581 . 00
3 . Cape Cod Council on Alcoholism 41000 . 00
4 . Lower Cape Human Services Committee , Inc . 91910 . 00
5 . Cape Cod Human Services , Inc . 6 , 792 . 00
6 . Access House 655 . 00
7 . Legal Services of Cape Cod 31000 . 00
8 . Sight Loss Services , Inc . 850 . 00
9 . Independence House , Inc . 2 , 300 . 00
10 . Lower Cape Outreach Council , Inc . 29800 . 00
11 . Cape and Islands Self - Reliance Corporation 1 , 500 . 00
12 . Big Brothers / Big Sisters of Cape Cod and
the Islands ( New ) 2 . 400 . 00
Total $ 44 , 244 . 00
for a total of Forty- Four Thousand Two Hundred Forty- Four and
00 / 100 ( $ 44 , 244 . 00 ) Dollars and to authorize the Board of
Selectmen , Board of Health , and the School Committee , as
appropriate , to enter into contracts with these organizations in
order to provide those desired social services for residents of
Brewster , or to take any other action relative thereto .
( Citizen ' s Petition/ Board of Health )
ATM 5 / 9/ 94
ARTICLE 59 . To see if the Town will vote to raise and
appropriate and/ or transfer from available funds , the sum of
Fourteen Thousand and 00 / 100 ( $ 14 , 000 . 00 ) Dollars to assist with
the annual publication of the Brewster Book and Map Guide , which
advertise the Town ' s attractions , amenities , and services ; and to
pay for the expenses of the operation of the Tourism Information
Booth by the Brewster Board of Trade Inc . , and Brewster Chamber
of Commerce , or to take any other action relative thereto .
( Citizen ' s Petition )
ARTICLE 60 . To see if the Town will vote to adopt as a By Law
the following : All monies collected as fees by any Town
Committee , Commission , Department or other municipal entity shall
be deposited in the General Fund , and that any funds used by any
Town Committee , Commission , Department or other municipal entity
be appropriated by the voters of the Town , or to take any other
action relative thereto .
( Citizen ' s Petition )
ARTICLE 61 . To see if the Town will vote to add a sum of money
to the Stabilization Fund and to raise and appropriate and/ or
transfer from available funds a sum of money for this purpose , or
to take any other action relative thereto .
( Board of Selectmen )
ARTICLE 62 . To see if the Town will vote to authorize the
Board of Selectmen to enter into leases , exceeding ten ( 10 )
years , for Lot Numbers 1 and 4 at the Brewster Commerce Park ,
located off Freeman ' s Way , or to take any other action relative
thereto .
( Board of Selectmen )
ATM 5 / 9 / 94
ARTICLE 63 . To act on any other business that may legally come
before this meeting .
And you are hereby directed to serve this Warrant with your
doings thereon to the Town Clerk at the time and place of said
meetings as aforesaid .
Given under our hands and Seal of the Town of Brewster
affixed this fourth day of April 1994 .
A true copy , ATTEST :
Eric K . mussen , Chairman
( ; z ,�ii . ®_ uia ole n_
R . hristi /e �
n
4Geo geV . ng
16� *�wGt/iJC
it Lawler
i
Joh 3' . Mitchell v
I Roland W . Bassett , duly qualified Constable for the Town
of Brewster , hereby certify that I served the Warrant for the
Annual Town Meeting of May 9 , 1994 , by posting attested copies
thereof , in six ( 6 ) public places in different parts of the
Town , in accordance with the Town Bylaws , on the f�� day of
April , 1994 .
Roland W . Bassett , Constable