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HomeMy Public PortalAbout2017-11-13 Special Town Mtg Report November 13 . 2017 ~ Sbecial Town Meeting Retort Report of the Special Town Meeting November 13th, 2017 In accordance with the Warrant, the Special Town Meeting was held in the Stony Brook Elementary School Cafeterium on Monday, November 13 , 2017 . The Checkers and Tellers were Cynthia Mathison , Lauren Elliott- Grunes , Edward Swiniarski , Pam Smith , Robert Harris and Jayanne Sci, Assistant Town Clerk. Thaddeus Nabywaniec and Francis Smith , members of the Board of Registrars were also present . The Moderator verified service of the Warrant of October 18 , 2017 , with the Constable , Roland W . Bassett, Jr . The Special Town Meeting was called to order at 7 : 02pm . by the Moderator, Charles L . Sumner . A quorum was present with 484 of 7932 eligible voters , or 6% . The Moderator gave notice that there were three errors printed in Town Meeting Warrant : • Article 9 is printed a majority vote actually requires a two -thirds vote . * Article 11 comments refer to Article 12 , referral should be Article 10 . * Lay on table , pg. 39 requires two -thirds vote not majority . Having no objections the Moderator dispensed with the reading of the articles . UNPAID BILLS ARTICLE NO . 1 : To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to an applicable statute or transfer from available funds for the payment, pursuant to Chapter 44 Section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years, including any bills now on overdraft, or to take any other action relative thereto . ( Board of Selectmen ) ( Nine-tenth Vote Required ) Motion : Move that One Thousand Five Hundred Nineteen Dollars and Forty Five Cents ( $ 1, 519 .45 ) be appropriated from Free Cash to pay the General Fund unpaid bills from prior fiscal years as listed in the warrant . Department Vendor Amount a . Information Technology Bonsai Logic $ 1, 199 . 951 b . Public Works Mighty Flame/Jet Gas $ 319 . 50 Total $ 1, 519 .45 Town Administrator Michael Emburv: I move to approve the motion under Article 1 as printed in the warrant. Vote : Voice . Approved Unanimously. BUDGETARY TRANSFERS ARTICLE NO . 2 : To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2018 General Fund operating budget from other line items of said budget and from other available funds, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Page 1 of 17 November 13 , 2017 ~ Special Town Meeti.na Report Motion : Move that the amounts listed below be transferred between the various Fiscal Year 2018 funds, accounts, and expenditures as listed in the warrant . FROM TO AMOUNT a General Fund Free Cash Ambulance Reserve Fund $ 125, 709 . 52 b General Fund Free Cash Golf Department Reserve $ 22, 323 . 90 Fund c General Fund Free Cash Cable Franchise Fee $ 53 , 709 . 14 Selectmen Peter Norton . I move to approve the motion under Article 2 as printed in the warrant . Vote : Voice . Approved. CAPITAL AND SPECIAL PROJECTS EXPENDITURES ARTICLE NO . 3 : To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for the offices, departments, boards, committees, and commissions of the Town of Brewster, or to take any other action relative thereto . ( Board of Selectmen ) (Two Thirds Vote ) Motion : Move that the following amounts be appropriated for the following capital outlay expenditures, with all such expenditures to be made by the Town Administrator with the Approval of the Board of Selectmen ; authorize leases for more than three years for those items to be leased , and further that the Town Administrator with the approval of the Board of Selectmen is authorized to sell, convey, trade- in or otherwise dispose of equipment being replaced as follows : Department Item Funding Source (s) Amount 1 Board of Selectmen a . Coastal Committee — Professional services Transfer $ 17, 375 $ 17, 375 Development of a associated with from General Fund Coastal Resource developing a coastal Free Cash Management Plan resource management plan , including any incidental and related costs Sub Total $ 17, 375 2 Department of Public Works a . Road Professional services, Transfer $ 75 , 000 $ 75, 000 Maintenance/Drainage including engineering, from General Fund permitting and Free Cash construction costs associated with road maintenance and drainage on various streets throughout Town , including any incidental and related costs b . Skid Steer & Skid Steer Costs associated with Transfer $ 25, 000 $ 85, 000 Trailer replacing and from Article 3 of the procuring a Skid Steer November 14, 2016 & a Skid Steer Trailer Special Town Meeting and $ 60, 000 from General Fund Free Cash Page 2 of 17 November 13 . 2017 ~ Sbecial Town Meeting Report c . Street Sweeper Costs associated with Transfer $40, 000 $ 200, 000 repairing a street from Article 3 of the sweeper November 14, 2016 Special Town meeting and $ 160, 000 from General Fund Free Cash Sub Total $ 360,000 3 Fire Department a . Thermal imaging Costs associated with Transfer $ 35 , 000 $ 35, 000 cameras (4 ) replacing and from General Fund procuring four thermal Free Cash imaging cameras b . Emergency Costs associated with Transfer $ 10, 000 $ 10, 000 Management Expense professional training, from General Fund purchasing and Free Cash maintaining Emergency Management related equipment including personnel time/wages associated with Emergency Management Response, and to authorize the Town Accountant to allocate the appropriation made hereunder to appropriate line items c. Ambulance Lease Costs associated with Transfer $ 75, 000 $ 75 , 000 the first year payment from Ambulance of a five year lease to Reserve Fund replace and procure one ambulance and related equipment Sub Total $ 120, 000 4 Natural Resources a . Sign Replacement Costs associated with Transfer $ 20, 000 $ 20, 000 replacing and from General Fund procuring signs Free Cash b . Replace 4 x 4 Truck Costs associated with Transfer $ 42, 000 $ 42, 000 the procurement of from General Fund one ( 1 ) 4 x 4 truck and Free Cash related equipment Sub Total $ 62, 000 5 Ladies Library a . Building repairs Costs associated with Transfer $ 30, 000 $ 30, 000 procuring, repairing from General Fund and any other related Free Cash costs to building repairs of the Brewster Ladies Library Sub Total $ 30, 000 Grand Total $ 589, 375 Page 3 of 17 November 13 , 2017 ~ SDecial Town MeetinFr Report Selectmen David Whitney: I move to approve the motion under Article 3 as printed in the warrant . Vote : Voice . Approved by a Moderator declared 2 / 3 vote . COMMUNITY PRESERVATION ACT/Reallocation of Fund Balance ARTICLE NO . 4 : To see what sums the Town will vote to transfer into the Community Preservation Fund reserved and unreserved fund balances to turn back the unspent remainder of projects approved in prior fiscal years so that such sums are available for future appropriation , or to take any other action relative thereto . ( Community Preservation Committee ) ( Majority Vote Required ) Motion : Move that the unspent remainder of projects in prior years as listed below be transferred between the various accounts as follows : Item # From : To : Amount 1 Article 6 of the May 2016 Reserved Fund Balance — $ 118, 000 Special Town Meeting Community Housing Housing Harwich Ecumenical Council for the Homeless ( HECH ) Grant / Loan Program 2 Article 6 of the May 2016 Reserved Fund Balance — $ 14, 077 Special Town Meeting Community Preservation Babe Ruth Baseball Field Rehabilitation Total $ 132, 077 CPC Chairman Paul Ruchinskas : I move to approve the motion under Article 4 as printed in the warrant . Vote : Voice . Approved. RESCIND DEBT AUTHORIZATION ARTICLE NO . 5 : To see what action the Town will take to amend , appropriate or re-appropriate, transfer, modify, repeal or rescind unused borrowing authority authorized by previous town meetings, or take any action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Move that the unused borrowing authority for the following projects be rescinded : DEPARTMENT ITEM ARTICLE / TOWN AMOUNT TO BE MEETING RESCINDED Town Administration Integrated Water Article 8 of the May $ 75, 000 . 00 Resources 2016 Annual Town Management Meeting Planning Library Library Parking Lot Article 2 of the $ 61000 . 00 September 2015 Special Town Meeting Public Works DPW HD Article 4 of the May $ 282, 000 . 00 Compactors, Closed 2016 Special Town Top Cans & Roll Off Meeting Container Truck Page 4 of 17 November 13 . 2017 ~ Snecial Town Meeting Report Golf Workman Utility Article 2 of the $ 10, 097 . 20 Vehicles September 2015 Special Town Meeting Selectmen James Folev. I move to approve the motion under Article 5 as printed in the warrant. Vote : Voice . Approved Unanimously. GRANT OF UTILITY EASEMENTS/Fire Station ARTICLE NO . 6 : To see if the Town will vote to authorize the Board of Selectmen to grant to NSTAR Electric Company d/b/a EVESOURCE ENERGY and Verizon New England and/or other utility providers, in consideration of the sum of $ 1 . 00 and upon such terms and conditions as the Board deems appropriate, permanent electric and telecommunications easements to install and maintain equipment in , on , under and over the Town - owned property located on Main Street, identified on the Towns' Assessors' Map 56 as Parcel 6, and further identified by deed recorded at the Barnstable County Registry of Deeds in Book 1270, on Page 163, in order to provide services to the Town ' s Fire Station , located thereon , or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Move to approve as printed in the warrant . Selectmen Cvnthia Bingham : I move to approve the motion under Article 6 as printed in the warrant. Vote : Voice . Approved Unanimously, CAPTAINS GOLF COURSE RESTAURANT LEASE ARTICLE NO . 7 : To see if the Town will vote to authorize the Town Administrator to solicit proposals and enter into a contract for the lease of the restaurant facilities at the Captains Golf Course for up to a five year period , or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Move to approve as printed in the warrant . Selectmen Cvnthia Binzham : I move to approve the motion under Article 7 as printed in the warrant. Vote : Voice . Approved Unanimously, LAND ACQUISITION ARTICLE NO . 8a To see if the Town will vote to authorize the Board of Selectmen to acquire, by purchase, for conservation and/or passive recreation purposes under the provisions of G . L. Ch . 40, Section 8C, Ch . 40, Sections 39B and 41, and Article 97 of the Articles of Amendment of the Massachusetts Constitution , a parcel of vacant land located at 375 Paines Creek Road, containing . 95 acres, more or less, described in a deed recorded with the Barnstable Registry of Deeds in Book 29352, Page 338, with the care, custody, control and management of such parcel to be vested with the Conservation Commission , subject to easements to use portions of the property for access and parking purposes; to raise and appropriate, transfer from available funds, without limitation , from the Community Preservation Fund , the sum of money for the foregoing acquisition , further, to authorize the Board of Selectmen and/or the Conservation Commission to apply for, accept and expend any funds that may be provided by public or private sources to defray all or a portion of the costs of said acquisition , which grants and/or funds so received shall Page 5 of 17 November 13 . 2017 ~ Special Town Meetin,a Report be used to repay all or a portion of the sum transferred from the Community Preservation Fund hereunder; and to authorize the Board of Selectmen and/or the Conservation Commission to grant to the Brewster Conservation Trust or any other qualified organization a perpetual conservation restriction pursuant to the provisions of G . L. Ch . 184, Sections 31-33, in compliance with G . L. Ch . 44B, Section12 ( a ), protecting the property for the purposes for which it is acquired ; and , further to enter into all agreements and execute any and all instruments as may be necessary or convenient to effectuate the foregoing purposes, or take any other action relative thereto . ( Community Preservation Committee ) ( Majority Vote Required ) Motion : Move that the Board of Selectmen is hereby authorized to acquire, by purchase, for conservation and /or passive recreation purposes under the provisions of G . L. Ch . 40, Section 8C, Ch . 40, Sections 39B and 41, and Article 97 of the Articles of Amendment of the Massachusetts Constitution , a parcel of vacant land located at 375 Paines Creek Road , containing . 95 acres, more or less, described in a deed recorded with the Barnstable Registry of Deeds in Book 29352, Page 338, with the care, custody, control and management of such parcel to be vested with the Conservation Commission , subject to easements to use portions of the property for access and parking purposes; and to appropriate and transfer the sum of Ninety Seven Thousand Five Hundred Dollars ($ 97, 500 ) from the Community Preservation Fund Balance Reserved for Open Space and the sum of Ninety Seven Thousand Five Hundred Dollars ( $ 97, 500) from the Community Preservation Fund Balance Reserved for Community Preservation for such acquisition . Further, the Board of Selectmen and/or the Conservation Commission are hereby authorized to apply for, accept and expend any funds that may be provided by public or private sources to defray all or a portion of the costs of said acquisition , which grants and/or funds so received shall be used to repay all or a portion of the Community Preservation Fund ; and the Board of Selectmen and/or the Conservation Commission are hereby authorized to grant to the Brewster Conservation Trust or any other qualified organization a perpetual conservation restriction pursuant to the provisions of G . L. Ch . 184, Sections 31-33, in compliance with G . L. Ch . 44B, Section12 ( a ) , protecting the property for the purposes for which it is acquired ; and to enter into all agreements and execute any and all instruments as may be necessary or convenient to effectuate the foregoing purposes . CPC Chairman Paul Ruchinskas : I move that the town vote to indefinitely postpone Article no . S . Vote : Voice . Approved to indefinitely postpone . LAND ACQUISITION /Community Preservation Act ARTICLE NO . 9 : To see if the Town will vote to authorize the Board of Selectmen to acquire, by purchase, for conservation , watershed protection and/or passive recreation purposes under the provisions of G . L. Ch . 40, Section 8C, Ch . 40, Sections 39B and 41, and Article 97 of the Articles of Amendment of the Massachusetts Constitution , a parcel of vacant land located off Slough Road, containing 27 acres, more or less, described in a deed recorded with the Barnstable Registry of Deeds in Book 444, Page 456, with the care, custody, control and management of such parcel to be vested with the Conservation Commission ; to raise and appropriate, transfer from available funds, including, without limitation , the Community Preservation Fund the sum of money for the foregoing acquisition and costs incidental or related thereto, including, without limitation , costs of appraisal , grant applications, grant compliance and other costs ; further, to authorize the Board of Selectmen and/or the Conservation Commission to apply for, accept and expend any funds that may be provided by the Commonwealth or other public or private sources to defray all or a portion of the costs of said acquisition , including, but not limited to , grants and/or reimbursement from the Commonwealth under the Self- Help Act, G . L. Ch . 132A, Section 11 ( now, so-called LAND grants ), which grants and/or funds so received shall be used to repay all or a portion of the sum transferred from the Community Preservation Fund hereunder; and to Page 6 of 17 November 13 . 2017 ~ Sbecial Town Meeting Retort authorize the Board of Selectmen to grant to the Brewster Conservation Trust or any other qualified organization a perpetual conservation restriction pursuant to the provisions of G . L. Ch . 184, Sections 31-33, in compliance with G . L. Ch . 44B, Section12 ( a ), protecting the property for the purposes for which it is acquired , and to enter into all agreements and execute any and all instruments as may be necessary or convenient to effectuate the foregoing purposes, or take any other action relative thereto . ( Community Preservation Committee ) ( Majority Required ) Motion : Move that the Board of Selectmen is hereby authorized to acquire, by purchase, for conservation , watershed protection and/or passive recreation purposes under the provisions of G . L. Ch . 40, Section 8C, Ch . 40, Sections 39B and 41, and Article 97 of the Articles of Amendment of the Massachusetts Constitution , a parcel of vacant land located off Slough Road , containing 27 acres, more or less, described in a deed recorded with the Barnstable Registry of Deeds in Book 444, Page 456, with the care, custody, control and management of such parcel to be vested with the Conservation Commission ; to appropriate and transfer Four Hundred Thirty Two Thousand Dollars ($432,000 ) from the Community Preservation Fund Open Space Reserve and Eighteen Thousand Dollars ( $ 18, 000) from Free Cash for the foregoing acquisition and costs incidental or related thereto, including, without limitations, costs of appraisal , grant applications, grant compliance and other costs; Further the Board of Selectmen and/or the Conservation Commission are hereby authorized to apply for, accept and expend any funds that may be provided by the Commonwealth or other public or private sources to defray all or a portion of the costs of said acquisition , including, but not limited to, grants and/or reimbursement from the Commonwealth under the Self- Help Act, G . L. Ch . 132A, Section 11 ( now, so-called LAND grants ), which grants and/or funds so received shall be used to repay all or a portion of the sum appropriate and transfer from the from the Community Preservation Fund Open Space Reserve hereunder; and the Board of Selectmen and/or the Conservation Commission are authorized to grant to the Brewster Conservation Trust or any other qualified organization a perpetual conservation restriction pursuant to the provisions of G . L. Ch . 184, Sections 31-33, in compliance with G . L. Ch . 44B, Section12 ( a ), protecting the property for the purposes for which it is acquired and to enter into all agreements and execute any and all instruments as may be necessary or convenient to effectuate the foregoing purposes . CPC Chairman Paul Ruchinskas : I move to approve the motion under Article 9 as printed in the warrant. Vote : Voice . Approved by a Moderator declared 2 / 3 vote . ZONING BYLAW AMENDMENT/ Mariivana Establishments ARTICLE NO . 10 : To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article IX, Special Regulations, Section 179-38 . 1 by adding a new Section , 179-38 . 2, Marijuana Establishments, that would provide as follows, and further to amend the Table of Contents to add Section 179-38 . 2, " Marijuana Establishments" : § 179-38 . 2 Marijuana Establishments Consistent with G . L. c. 94G , § 3 ( a ) ( 2 ), all types of non - medical " marijuana establishments" as defined in G . L. c . 94G , § 1, including marijuana cultivators, independent testing laboratories, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana - related businesses, shall be prohibited within the Town of Brewster. Or to take any other action relative thereto . ( Board of Selectmen ) (Two Thirds Vote Required ) Motion : Move to approve as printed in the warrant . Page 7 of 17 November 13 . 2017 ~ Sbecial Town MeetinLy Report Selectmen Peter Norton: I move that the Town vote to refer Article 10 to the Planning Board for further study. Vote : Voice . Defeated. Selectmen Peter Norton . I move to approve the motion under Article 10 as printed in the warrant . Vote : Counted. Defeated; Yes- 151 No -273 ZONING BYLAW AMENDMENT/Temporary Moratorium on Recreational Manivana Establishments ARTICLE NO . 11 : To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Zoning, Article IV, Use Regulations, Section 179- 14 by adding a new Section 179- 14, "Temporary Moratorium on Recreational Marijuana Establishments" , that would provide as follows, and further to amend the Table of Contents to add Section 179- 14, "Temporary Moratorium on Recreational Marijuana Establishments" : § 179- 14 Purpose On November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation , processing, distribution , possession and use of marijuana for recreational purposes ( new G . L. c . 94G , Regulation of the Use and Distribution of Marijuana Not Medically Prescribed ) . The law, which allows certain personal use and possession of marijuana, took effect on December 15 , 2016 ( as amended on December 30, 2016 by Chapter 351 of the Acts of 2016 and thereafter, on July 28, 2017 by Chapter 55 of the Acts of 2017 ) requires a Cannabis Control Commission to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses no later than April 1, 2018 . Currently under the Zoning Bylaw, a non - medical Marijuana Establishment ( hereinafter, a " Recreational Marijuana Establishment" ), as defined in G . L. c. 94G § 1, is not specifically addressed in the Zoning Bylaw . Regulations to be promulgated by the Cannabis Control Commission may provide guidance on certain aspects of local regulation of Recreation Marijuana Establishments . The regulation of recreation marijuana raises novel legal, planning and public safety issues, and the Town needs time to study and consider the regulation of Recreation Marijuana Establishments and address such issues, as well to address the potential impact of the State regulations on local zoning and to undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments . The Town intends to adopt a temporary moratorium on the use of land and structures in the Town for Recreational Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner. § 179- 14. 1 Definition " Recreational Marijuana Establishment" shall mean a " marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana- related business ." § 179- 14. 2 Temporary Moratorium For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a Recreational Marijuana Establishment and other uses related to recreational marijuana . The moratorium shall be in effect through December 31, 2018 . During the moratorium period , the Town shall undertake a planning process to address the potential impacts of recreational marijuana in the Town , and to consider the Cannabis Control Commission regulations regarding Recreational Marijuana Establishments, and shall consider adopting new Zoning Bylaws in response to these new issues . Page 8 of 17 November 13 . 2017 ~ Snecial Town Meeting Report Or to take any other action relative thereto . ( Board of Selectmen ) (Two Thirds Vote Required ) Motion : Move to approve as printed in the warrant . Selectmen Peter Norton. I move that the Town vote to lay on the table Article 11 . Vote : Counted. Defeated; Yes- 221 No -214 Selectmen Peter Norton. I move to approve the motion under Article 11 as printed in the warrant. Vote : Counted. Defeated; Yes-266 No - 188 ZONING BYLAW AMENDMENT/Site Plan Review ARTICLE NO . 12 : To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, Article XII , Site Plan Review to reflect changes to the following sections ( deleted text is riil % eHwwkP+ t, .-,, . , *, new text is bold and underlined ) : § 179-63 Purpose - The purpose of this article is the protection of public health , safety and welfare through the preservation of the Town ' s transpsrtati/in c^ - -' d Arr, and pi:eteGtien ^f its, historic and cultural character for the residents and visitors of the Town of Brewster. in addition , tThe site plan review process assures that the development site functions in a logical fashion with minimal impacts . The Site Plan o ,,, ,; ,, , . , „f ,d ,,yele ., ., ent . ,twit+ , s GaR ,, duGe the petential 7purnbnr .,fa,--vehiccr' Iar 4.0r'iV}a Clang the T-evA; ' 5 "-Fe .ad-Systems, t-heFebyTedueing-GORgestien a rd 1FnPFGv1Agsa#ety. The adoption of these standards ( § 179 -64 ) fsr tran , p9FtatieR , aecess, paFl(ing, landscaping and appeaFa ensures that future development will not degrade the existing character of the Town3Feadways and surroundings and will maintain or enhance transportation flow and the ability of the . -A. FFiG.IA. FS to seFve a help preserve the Town ' s character and cultural assets for the residents and visitors of the Town of Brewster. § 179-64 Applicability . In addition to any other permits required , the following development activities shall require a Site Plan Review sped ' peYm '+ from the Planning Board . A . Any development required to undertake staff review pursuant to § 83 -3A of the General Bylaws . B . The establishment of any new commercial , industrial, mixed -use or multifamily use . C. For existing commercial, industrial, or multifamily uses, any increase of floor area by more than 500 square feet through either a new principal building, a new accessory building, or an addition to a preexisting building. shall be allewed eAly if gFaRted a speeial pormit in aG^^ e D . A change of use of an existing structure or lot from its current use to any other commercial, industrial, or multifamily use specified in the Table of Uses, § 17941 . However ,. " - nge ^f a " eme E . An increase in lot coverage by 10 % or more associated with any pFevieusly developed existing commercial, industrial , or multifamily use . Page 9 of 17 November 13 , 2O17 ~ SDecial Town Meeting Report § 179- 65 Regulations . A. The c-ppsrial n mit gFantiRg a „ther:ty (SPCA ) shall he the Planning Beard R The Planning Beard shall ne+ Brant ,a. ^ sial nnrm :t ender + his ar+ : ele until „a. pr" : n .-+ r nrl to-berg^ 1 aff roti i ^, . , has nom nlntnd that are rnss Q A. If the site plan meets the requirements of this article, the Planning Board shall approve it . Nlet.yVithrtanding the feregainn. Such approval may include reasonable conditions to ensure that reasenahle meas gyres to ensure the site plan standards (§ 179-66) are satisfied . are implemented to preside fess eeniRg of parl.iRg areas eche% party of the n iree V, fer cZ4e Pg p . ei:-fr3m t-h , ve4is3l zxn ; \ . fill be eff eiently and safely disposed of her means of a prepe- drairage-system Ms specified : nwas thn Wanning Beard ' s appyeval . Heweyer� tThe Planning Board cannot deny approval of a site plan for a use which is allowed by right ( not by special permit ) in the district but may impose reasonable conditions on the proposed use . The Planning Board may not impose conditions, en the grantof a special permit the implementation of which would be contraryto any requirement of this bylaw or require a variance from it or any other applicable prevision ef lawbylaw . $. Be If the project proponent needs 443th a special permit from the Planning this a4wie ;; Rd a special permit from the Board of Appeals acting under Article VIII , Nonconforming Uses, Structures and Lots, § 179-28, Change of nonconforming uses, Subsection A the proponent may file a single, combined special permit application with the Planning Board , and in those instances, the Planning Board is authorized to grant all special permit relief in one proceeding. and dee-i .sie; R. The proponent shall comply with all pertinent requirements, and the Planning Board shall apply the appropriate criteria to the different components of such an application . § 179-66 Site plan standards . The purpose of these standards is to improve roadway safety and internal site circulation , aesthetics and retention of historic character. All uses requiring a snee: al permit Site Plan Review under this article shall meet the following standards A. Transportation standards . ( 1 ) Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections below level of service ( LOS ) C, defined by the Transportation Research Board's Highway Capacity Manual , based on summer peak- hour traffic volumes . The proponent shall demonstrate that the proposed use shall maintain level of service ( LOS ) C . If the existing level of service is presently below LOS C, or if the LOS with the new use would fall below LOS C. the Planning Board may require a traffic study that would mate identify ways to FnaintaiR improve LOS or mitigate impacts to the satisfaction of the Board . impre. ,e perfermanee indira +err . T4e aRalysis sh .all be pei4ei: Fned using the Highway GapaGity Manual published by the TFanspE) Ftatielll ReseaFGh Reard k4h ' C (� th penent Shall maintain • ' nmove^. . �,Te�a t-k�e�T�t+rasL-9�-is-k�eio�-��,,,:—p;���,r�,- �TR.; ;. o� �, , ,,� perfermanee ndiraters (2 ) Driveways shall be designed to provide exiting motorists with safe sight distance . Sight distance at any dri „ewa „ ser. ,iRg at least 29 tFiPS per day all driveways shall meet American Association of State Highway and Transportation Officials standards as well as those set forth in Brewster ' s Sight Line Bylaw ( Chapter 157, Article VI, of the Town Code ) . R . Trip reduction ctnnd :iR r . 12LAII new commercial development where the project is expected to increase traffic by 20 or more daily trips , Tetail and-service usec : rd rX; elesa1P a m Rufaeturing uce&-(see § 179- 11, Table 1, Use Regulations ) ['] shall prepare a trip reduction plan as a nendi+ ien fer irs , lapee of a sneGial permit . The trip reduction plan shall describe traffic impact mitigation strategies designed to reduce traffic generation and may include strategies such as Page 10 of 17 November 13 . 2O17 ~ S7Decial Town Meeting Retort company-sponsored carpooling/vanpooling, bicycle and pedestrian incentive measures, and/or variable work hour or flextime programs . The applicant &hoP —alsve pizese It c pl , n foF futu ,-^ Q B . Access standards . ( 1 ) The number of curb cuts on Route 6A, Route 124, Route 137, Underpass Road and Tubman Road shall be minimized . To the extent feasible, access to businesses shall be provided through one of the following means : (a ) Access through a common driveway serving adjacent lots or premises; ( b) Access through an existing side or rear street; or ( c) Access through a cul -de-sac or loop road shared by adjacent lots or premises . ( 2 ) The specicl parmit a Planning Board may fe4ax allow reduced setback requirements to accommodate joint driveways in cases where it is deemed advantageous to the Town . ( 3 ) Existing businesses are encouraged to consolidate existing access points, especially in cases where separate parcels are assembled under one purpose, plan , entity or usage . (4) Businesses shall be permitted one access driveway by right . Two driveways shall be permitted only when deemed necessary bythe SPCA Planning Board and shall be clearly marked " entrance " and " exit . " ( 5 ) Internal circulation shall be provided, to the greatest extent possible, among adjoining premises to encourage internal property-to- property pedestrian , bicycle and vehicular movements . Site circulation shall have clarity from the driver' s perspective, aided by simple patterns and use of planting islands or other devices in larger circulation areas . ( 6 ) An eeeupaRGy " mit .rFall not be issued fry esed deyele nts Fequiring state highway until a p anent state GUF13 eut—mit ir iss;: ad —and o! I neeessaFy Site ( 6) All necessary curb cut permits shall be obtained priorto issuance of a Certificate of Occupancy by the Building Department . (7) Pedestrian and bicycle circulation shall be provided for between the principal building and the street and , where appropriate, eORReGtien to any adjacent development pizemises. (8)-Redn. r riL.,n 4 e�,f. and " iGyGle and wheeaehaiF aec- ess, wheFe gess ' ( 8 ) Driveway locations shall provide the maximum practicable separation between access locations, using shared access where feasible . ( 9 ) All access drives shall be separated by at least 120 feet in the GH District and WB District, as measured between the center line of each access drive at the street line . This standard may only be modified in cases where the SPGA Planning Board believes it is in the best interest of the Town to do so . r � n n ,, , + .,, � „ I+ in �. in m © reth,: n • de( 34) c to-lof#+e r+ „ + .. „ � � I + ling, the : +s - n .J .. . i+ iR- + i ., n ., ^ ortun +i .: ?s. D . Parking design standards . ( 1 ) The Town of Brewster recognizes that reliance on rigid parking and loading lot standards precludes the development of parking lots that are sensitive to the Town ' s historic and rural character. Yet, it also recognizes that some standards for parking and loading lot design are required , provided that they can be administered with flexibility given the individual requirements of development proposals and the parcels on which they are proposed . (2) Through provisions of its special permit, the SPGA Planning Board is authorized to relax any and all of numerical standards established by § 179-22, Parking and loading requirement tables, and by § 179-23, Parking and loading lot standards, if the SPGA Planning Board finds that : Page 11 of 17 November 13 . 2017 ~ Sbecial Town Meeting Retort (a ) Such relaxation will not conflict with the minimum standards established bythis article or the purpose of this article ; and ( b) It will result in a development that is at least as beneficial to the Town of Brewster as the development without a relaxation of the numerical standards . ( 3 ) The following guidelines are set forth to assist the applicant and the SPCA Planning Board : (a ) Loading and unloading areas shall be provided of a sufficient size to accommodate the numbers and types of vehicles likely to use the premises, given the nature of the development proposed . Loading and unloading areas shall be located and designed to allow vehicles to safely maneuver to and from a public right-of-way and to prevent obstruction or interference with a public right-of-way, parking space or parking aisle . ( b ) Loading areas shall be provided to the rear of the lot, wherever possible . ( c) Parking areas shall be located to the side or rear of the structure . No parking is permitted in the required front yard setback for the structure . (d ) To the extent possible, parking areas shall be shared with adjacent businesses and should be situated to the side and rear of the lot (frontage on Route 6A shall be considered the "front " of the lot ) . ( e) In cases where shared parking is provided , the SPCA Planning Board may permit a reduction in necessary spaces since complementary uses may require less total parking area than each use individually. (f) Bicycle users shall be accommodated by provision of on -site bicycle parking storage and bicycle and walking paths . (g) Drainage facilities shall be designed and constructed for parking areas in such a way as to contain and treat stormwater runoff on the premises, as well as comply with design standards referred to in § 179-57 of the Zoning Bylaw . E . Landscaping, design and appearance standards . ( 1 ) A vear- round landscaped buffer strip shall be provided adjacent to any public road to visually screen sepaFate parking and other uses from the road , where feasible, and without interfering with vehicular or pedestrian safety . The screened buffer &tFiP shall be appropriate to the site appFoximattely 1 :5 .feet in .depth and planted with a combination of grass, medium - height shrubs appFeximately twe to eight 'feet ta4 evergreen varieties preferred , and shade treesp1-edat least ever„ nn to 60 feet along the road frontage . Treece ^ nd S, 4ubf: :hall be set back at Streetand. dFiveway entFanc; es, exits OF iRteFsep.tiem .s te. ;allow adequate sight distanee and f.\nr a re v atm-pedestrian r2fety while enteFiRg OF exiting the-sitee . Applicants are eGGWFaged expected to review Brewster ' s Sight Line Bylaw, Chapter 157, Article VI, of the Town Code, prior to designing parking lot landscaping plans . ( 2 ) At least 25 % of the required front yard area shall be vegetated . (3 ) A landscaped buffer strip of approximately ten-foot depth shall be provided adjacent to adjoining uses, excluding areas providing shared access and parking. The buffer strip shall be planted with a combination of grass, medium - height shrubs ( evergreen varieties preferred ) and shade trees . -LaFg3 parkins aFeas shall be inteFFUPted with IandsGaped islands suGh that ne paF!(iRg suFfaGe eur.- P. P. rd .r 6. 9 feet iR width , net iRGIudiRg the aFea (s ) used feF PaFI(in aisles/stalls . A Fninimum ef are shAe + ee shall be nrn • .d rt nr five - + long spaces to he placed In v p plot of at least C. (1 e• quaFe feet in are1 I t4(4) Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using plantings, a wall or tight fence complemented with plantings or through some other means deemed acceptable to the permit granting authority. fQ ( 5 ) Shrubs and trees which die shall be replaced within one growing season . All landscaped areas shall be maintained, as approved . Page 12 of 17 November 13 . 2O17 ~ Sbecial Town Meetinea Retort V4 (6) Buildings and architectural design shall be compatible with the character and scale of the adjacent roadway and surrounding neighborhood . (8) ( 7 ) Structures shall be sited so as to allow separations between buildings, particularly to encourage open space in the site and reduce Fnassivew?ir . in tl� *eek building massing. W (8) The use of bituminous paving shall be minimized . 40) (9 ) Old , well- established trees shall be protected by siting buildings and parking around or within the existing landscape . 444 ( 10 ) Building design shall adhere to the guidelines of the Brewster Historic District Committee in locations subject to review by the Committee . Of signif7 . aRt neeF , to the Committeearp + hp iqqi ^f r ; c , s ,:,nd s em, ; , + of r + , ., s,+ „& - ,, 4 ^ttin , harm e# c;J .1ag-6: rg F . Environmental protection requirements . ( 1) Stormwater management . All development shall be designed so that resulting stormwater patterns resemble, as nearly as possible, preexisting conditions of volume, velocity, quality and location of runoff. Any increase over predevelopment runoff peak rate shall be authorized only if staff review determines that any potential problems with capacity, downstream erosion or siltation will be prevented through on- or off-site improvements or compensatory actions and that the public interest is better served by allowing the increase than by denying it . ( 2 ) No land altering activity, including clearing, grading, excavating or construction is permitted until all the required permits have been obtained . (24 ( 3 ) Erosion control . ( a ) Any area of bare earth exposed through building or site development or demolition must be permanently stabilized through replanting, paving or other means of eliminating wind or water erosion . Such stabilization must be completed prior to building occupancy or, where no building is committed , within 60 days of exposure, or a performance bond must be posted in an amount sufficient to assure completion of such work. ( b ) Existing grade shall be changed minimally, typically departing from existing grade by no more than six feet and resulting in a balance on site between cut and fill, except for basement and cellar excavations . ( c) All construction must comply with the following. An erosion control plan shall be submitted for every development which will expose more than 60, 000 square feet of bare earth during development through either removal or filling on the same parcel or on contiguous parcels in the same ownership and for developments exposing 20, 000 to 60, 000 square feet of bare earth where staff review deems such plan to be necessitated by slopes in excess of ten- percent highly erodible soils or other unusual conditions . Such plan shall have sufficient information on existing and proposed topography, vegetation and control measures to allow determination of compliance . [ 1] Stripping of vegetation , regrading or other development shall be done in a way which will minimize soil erosion . [2] Whenever practical, trees and other natural vegetation shall be retained, protected and supplemented . [3 ] The disturbed area shall be kept to a minimum . [4] Where necessary, temporary vegetation and/or mulching shall be used to protect areas exposed during development . Page 13 of 17 November 13 . 2017 ~ SDecial Town Meeting Report [ 5 ] Sediment basins ( debris basins, desilting basins or silt traps ) shall be installed and maintained where necessary to remove from runoff waters any sediment from land undergoing development . [ 6] The angle of graded slopes and fills shall be no greater than two horizontal to one vertical . Slopes left exposed must immediately be planted or otherwise provided with permanent ground cover or other means sufficient to restrain erosion . [7] A ground cover sufficient to restrain erosion must be planted or otherwise provided within 30 working days, season permitting, on any portion of the tract upon which further active construction is not being undertaken . [8] The development plan shall be fitted to the topography and soils so as to minimize erosion potential . G . Plants and animals . ( 1 ) , ewe-aRY plun± 3r animal sraEies-ITsted-as-r^ rn� ., na , ., ,� ��nrn , 1, r+ , I , �+ nofspecial eeReepn by at a height of 4 1 /2 fent aheye grad . New development and redevelopment proposals located in a mapped Natural Heritage and Endangered Species Program ( NHESP ) area are required to file with the Natural Heritage Program and provide the written determination from the NHESP prior to receiving Site Plan approval . ( 2 ) Specimen plants and trees, especially trees exceeding 12 inches in diameter , shall be preserved or relocated when possible . Applicants shall be required to submit signed documentation from the Conservation Commission or its agent that the project has been reviewed by the Conservation Commission with respect to these considerations . The Conservation Commission or its agent may determine that the proposed site either contains no such habitats or species or that all feasible efforts to avoid , minimize or compensate for damage have been reflected in the proposal . The renaenra + ien remmi55ien nr its agent Fnay refer the pFejnet to the nAassaehusetts PlaturM� U9Fi+ agn Dregram fer farther re44rn • r a rrmnn + H . Lighting. ( 1 ) Lighting shall be downward casting and full shielded so as to not illuminate areas off the property. A photometric lighting plan shall be required for all new development . The Planning Board may determine whether a photometric plan is required for redevelopment . Light poles shall be no higher than necessary to provide safe levels of nighttime illumination . Thn felloring lighting -. neer a n hereby a eated . ( b ) Zone Q • all n+ her leea+ iens (2 ) C ' .+ rns . 1 ' ht' g f' t rre types are defined as felle, aro • ( a ) Tyne 1 • Re light er rteff ( b ) Type, ? : lurmiraire shielded. cash that peak eandleper iS at un Mrgle of : 750 OF lerc• from nr+ ' eal and� 11essentially Re lightie• � r emitted ahen the hs�I � E �I- 0 ( c.) Type 3 -m lierninaire rhielded rur.- h that tetal eliteff is at less than fFGM veFtic-al and no light Tal LightiRcr limitztiaR . The fellewing limitations shall be ebseFved by all uses, rl ter that it iinherently unfeasible fer that use / £ :a . , public err+Jeer r eFectiem ) to F eet ti-Fe .se stan ,Jai:ds, and Oc. all reasonable nfferts have been Fnade + e aveid glare er light eyeFSpill Page 14 of 17 November 13 . 2O17 ~ Snecial Town MeetinL7 Retort 41cy,imL: i ^ I „ m • nnire ''neun }: rg hei Znnp A 2nnp R Civte . rn Type /finr�+4 /inno 20 40 ^ 0n & ' FAY 29 Maximum eff site n rrnill • Zane-A Zone B 1 (feet� candles) 94rrurc7j � 40n {4} (2 ) No flickering or flashing lights shall be permitted . Processes, such as arc welding, which create light flashes shall be confined within buildings or shielded to prevent either direct glare or flashing reflected from the sky. ( 5 ) ( 2 ) When the GenseFy tine Cemmircie. R rdetnrmines tFot liahtiRg aS n e d by aR awl+sant rn-c have ,detrimnn +-, l n4n , t n plants, wildlife er- a ild life h4bit nview Site Plan Review may r rE "r'. rmnd require m re styiryg-eq+ rna+ rin+ inno F fur+ hn mitigation ., b I . Noise . Where exterior noise levels after construction are expected to exceed 100 decibels at the source for more than 15 minutes at a time, continually on a regular or sporadic basis, the applicant shall be required to show the Planning Board the means by which this impact shall be mitigated . The Board shall have the authority to require greater degrees of mitigation if the Board is not satisfied that the resultant noise level will have a minimal effect on surrounding neighborhoods or wildlife habitats . [Added 10-29-2012 FYTM , Art . 12] § 179-67 Waivers; severability. A. Waivers . When in the opinion of the Planning Board the requirements of § 179-66, Site Plan Review standards, do not substantially change the relationship of the structure to the site and to abutting properties and structures, the Planning Board may determine, without a public hearing, that Sut�m JJ : •, n of site plan fnr s al n mit al Site Plan Review is not required . Upon appI+Eation receipt of written request , such a determination may be made by an affirmative vote of a majority of the Planning Board present, and in no event fewer than four members . Be Severability. The provisions of this article are severable from each other, and the invalidity of any provisions or sections shall not invalidate any other provision or section thereof. § 179-68 ( Reserved ) Or take any other action relative thereto . ( Planning Board ) (Two Thirds Vote Required ) Motion : Move to approve as printed in the warrant . Planningr Board Member Kari Hoffmann : I move to approve the motion under Article 12 as printed in the warrant. Vote : Voice . Approved by a Moderator declared 2 / 3 vote . Page 15 of 17 November 13 . 2017 ~ Snecial Town Meeting Report TOWN CODE AMENDMENT/Board of Selectmen ARTICLE NO . 13 : To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 5, by revising Section 3 as follows; 5 -3 . Chief executive function : Board of Selectmen . A . Composition , term of office . There shall be a Board of Selectmen composed of five members elected for terms of three years each , so arranged that the term of as nearly equal number of members as is possible shall expire each year. For purpose of these bvlaws , the Board of Selectmen shall be referred to as the Select Board.. And further, by deleting, in every other instance in which they appear, the words, " Board of Selectmen " and inserting in their place, the words, "Select Board " ; or take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Move to approve as printed in the warrant . Selectmen James Folev_: I move to approve the motion under Article 13 as printed in the warrant . Vote : Voice . Approved. TOWN CODE AMENDMENT/Wetlands Protection ARTICLE NO . 14 : To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 172, Wetlands Protection , Section 2 to insert the following language ( bold underline text is new) . 172- 2 . Applicability. A . Except as permitted by the Conservation Commission or as provided in this chapter, no person shall remove, fill, dredge, alter or build upon or within any of the following resource areas : ( 1 ) On or within 100 feet of any bank, beach , dune or flat . ( 2 ) On or within 100 feet of any freshwater wetland , coastal wetland , vernal pool , coastal wetland , marsh , meadow, bog or swamp . (3 ) Upon or within 100 feet of any lake, pond , river, stream , estuary or the ocean . (4) Upon any land under said waters . ( 5 ) Upon or within 100 feet of any land subject to flooding or inundation by groundwater or surface water . ( 6 ) Upon any land subject to flooding or inundation by tidal action or coastal storm flowage . ( 7 ) Upon anv land within a riverfront area . Or take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Move to approve as printed in the warrant . Selectmen James Folev. I move to approve the motion under Article 14 as printed in the warrant. Vote : Voice . Approved. Page 16 of 17 November 13 . 2017 ~ Sbecial Town MeetinLy Retort PUBLIC SAFETY INJURY LEAVE INDEMNITY FUND ARTICLE NO . 15 : To see if the Town will vote to accept the provisions of Massachusetts General Law Chapter 41 Section 111F and Section 100, to authorize the Town to establish a special injury leave indemnity fund for payment of injury leave compensation or medical bills incurred under this section or said section 100, and may deposit into such fund any amounts received from insurance proceeds or restitution for injuries to firefighters or police officers . The monies in the special fund may be expended , with the approval of the Board of Selectmen and without further appropriation , for paying expense incurred under this section or said section 100, including but not limited to, expenses associated with paying compensation other than salary to injured firefighters or police officers, in lieu of or in addition to any amounts appropriated for the compensation of such replacements; or take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Move to accept the last paragraph of G . L. Ch . 41, Section 111F and establish a special injury leave indemnity fund as provided therein for payment of injury leave compensation or medical bills incurred under G . L. c . 41, § § 100 or 111F, to which shall be credited insurance proceeds or restitution for injuries to firefighters or police officers and which fund may be expended by the Board of Selectmen without further appropriation . Selectmen David Whitnev: I move to approve the motion under Article 15 as printed in the warrant. Vote : Voice . Approved. OTHER BUSINESS ARTICLE NO . 16 : To act upon any other business that may legally come before this meeting; or take any other action related thereto . ( Board of Selectmen ) ( Majority Vote Required ) Motion : Motion to be provided at the Special Town Meeting, Selectmen Cvnthia Bingham : I move that the town vote to dissolve the 2017 Special Town Meeting. Vote : Voice . Approved Unanimously, The Special Town Meeting of November 13 , 2017 was dissolved at 9 : 45pm . A True Copy Attest. Colette M . Williams CMC / CMMC Town Clerk Brewster, MA Page 17 of 17