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HomeMy Public PortalAbout2002-05-06 Annual Town Mtg Warrant ANNUAL TOWN MEETING MA Y 612002 Barnstable, ss TO : Roland W. Bassett Constable for the Town of Brewster Greetings : In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Brewster, qualified to vote in Town affairs, to meet at the Stony Brook Elementary School Cafetorium, on Monday, the sixth day of May, 2002 next, at 7 : 00 p . m , o'clock in the evening, then and there to act upon the following articles. ANNUAL REPORT/CONSENT CALENDAR ARTICLE NO. 1; To act upon the Annual Town Report of the Board of Selectmen, Town Officers and other Special Committees, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) HERRING FISHERIES/CONSENT CALENDAR ARTICLE NO, 2; To see if the Town will vote to take no action regarding its Herring or Alewife Fishery, or to take any other action relative thereto. ( Majority Vote Required) (Alewife Committee) COMPOST BIN GRANT REVOL VING FUND/CONSENT CALENDAR ARTICLE NO, 3; To see if the Town will vote, pursuant to General Laws, Chapter No . 44, Section No. 53E1/2, as amended, to reauthorize the establishment and maintenance of a revolving fund for the continuance of the composting bin account program; to authorize the deposit of revenues from the sale of compost bins into the revolving fund; to authorize the Town Administrator to expend from these funds, for the purchase of additional compost bins, an amount not exceeding the funds on deposit in the account and , in no event, more than the statutory limit; and to authorize the Town Administrator during the ensuing fiscal year to enter into contracts for this purpose, or to take any other action relative thereto. ( Majority Vote Required) ( Board of Selectmen) CAPE COD VOCATIONAL TECHNICAL SCHOOL OPERATING BUDGET ARTICLE NO. 4; To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray Cape Cod Vocational Technical High School charges and expenses for the Fiscal Year ending June 30, 2003, as follows : EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT FY2001 FY2002 FY2003 1 . CAPE COD TECH . ASSESSMENT $620 .549 . 00 $640 .896 . 00 $634.860 .00 TOTAL ASSESSMENT $620,549 .00 $640,896 . 00 $6341860 .00 or to take any other action relative thereto . ( Majority Vote Required) (Cape Cod Vocational Technical School Committee) ELEMENTARYSCHOOLS OPERATING BUDGETS ARTICLE NO. 5; To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Elementary Schools' charges and expenses, for the Fiscal Year ending June 30, 2003, as follows : EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT FY2001 FY2002 FY2003 1 , ELEMENTARY SCHOOL BUDGET $4„514.727 . 30 $5 . 124,082 .00 $5 .220 . 108 .00 TOTAL ELEMENTARY SCHOOL $4,514,727 . 30 $5, 124,082 . 00 $5,220, 108 . 00 or to take any other action relative thereto. ( Majority Vote Required) (Elementary School Committee) TOWN OPERATING BUDGET ARTICLE NO. 6: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray Town charges and expenses, and furthermore, to fix the salary and compensation of all elected officials of the Town as provided in Section No. 108 of Chapter No . 41 of the General Laws, as amended, for the Fiscal Year ending June 30, 2003, as follows : SELECTMEN EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY2001 FY2002 FY2003 1 MODERATOR WAGES 300 .00 300.00 300 .00 2 SELECTMEN'S WAGES 5,250.00 5,250.00 51250 .00 STAFF WAGES 36,049.94 38,086.00 39 ,898.00 EDUCATIONAL REIMB 1 ,075.00 2,000 .00 1 ,200.00 - EXPENSES 29,745.45 23,800.00 237150.00 3 ASSESSMENTS 18,695.70 20,845.00 21 ,887.00 4 ADMINISTRATOR WAGES 172,592.00 194,620.00 201 ,870.00 EXPENSES 6,965.76 7,280.00 7,505.00 5 FINCOM EXPENSES 0.00 11000.00 1 ,000.00 RESERVE FUND 98,910.09 100,000.00 100 ,000.00 6 ACCOUNTANT WAGES 89,909.80 94,204.00 99,055.00 AUDIT OF ACCOUNTS 13,000.00 175500.00 22,500.00 EXPENSES 1 ,635.62 2,025.00 2,055.00 7 ASSESSOR WAGES 113, 118.65 119, 113.00 125,274.00 EXPENSES 17,902.47 19,875.00 19 ,200 .00 SELECTMEN EXPENDED APPROPRIATED REQUESTED DEPARTMENT FY2001 FY2002 FY2003 8 TREAS/COLL WAGES 148,453.91 1587983.00 167, 159 .00 EXPENSES 46,314.34 52,310 .00 59 , 150.00 9 LEGAL EXPENSES 93,800.00 72,500.00 805000.00 10 TOWN CLERK'S WAGES 42,881 .13 45,877.00 48, 115.00 CLERK STAFF WAGES 32,954.02 49,647.00 53, 100.00 EXPENSES 31432.03 8,810.00 8,600.00 11 ELECTION WAGES 10187.26 137800 .00 10 ,650.00 EXPENSES 4,547.10 6,050.00 4,820.00 12 REGISTRAR WAGES 3,251 .55 3,300.00 37500.00 EXPENSES 3,469.40 3,950.00 52050.00 13 PLANNING/APPEALS WAGES 33,055.70 27532.00 29,029.00 PLANNING/APPEALS EXPENSES 11545.54 11900.00 2, 125.00 14 VEHICLE POOL MAINT 4,000.00 2,500.00 3,000 .00 15 INFORMATION TECHNOLOGY WAGES 23,557.75 51 ,230.00 53,768.00 EXPENSES 39,577.04 42,977.00 31 ,090.00 16 TOWN HALL MAINT WAGES 47,916.34 50,648.00 52,681 .00 EXPENSES 46,042.53 45,400.00 43,200 .00 COA BLDG EXPENSES 91745. 17 14,100.00 12,800.00 17 TOWN REPORT EXPENSES 81679.78 91000 .00 8,500.00 18 DRUMMER BOY EXPENSES 81 . 16 450.00 810 .00 19 DEBT SERVICE 3,782,391 .50 3,604,433.00 2,841 ,843.00 20 FRINGE BENEFITS 1 , 104,058.75 1 ,3297120.00 15507,374.00 21 RETIREMENT/PENSION 652,402.30 6417057.00 667,241 .00 22 UNCLASSIFIED 87,084. 19 106,820.00 92,656.00 23 LIABILITY INSURANCE 237,988.94 255,006.00 308271 .00 24 CONSTABLE 250.00 250.00 250.00 25 POLICE WAGES 13144,481 .60 1 ,234,343.00 1 ,321 ,741 .00 EXPENSES 144,408.03 180,425.00 171 ,259.00 STATION EXPENSES 5,000.00 0.00 0.00 26 FIREIRESCUE WAGES 7407546.05 818,252.00 915,013.00 EXPENSES 49,500.59 60 ,374.00 61 ,900.00 RESCUE EXPENSES 40,510.16 40,945.00 467700.00 STATION EXPENSES 0.00 40,255.00 43,300.00 27 BLDG INSPECTOR/HDC WAGES 200,398.74 213,345.00 246,750.00 BUILDING/HDC EXPENSES 51890.58 8,980.00 9,535.00 28 NATURAL RESOURCES AND CONSERVATION WAGES 925202.86 140,763.00 148,778.00 EXPENSES 50,078. 15 23,800.00 23,750.00 PROPAGATION 4,500.00 4,500.00 6,000.00 29 DOG OFFICER EXPENSES 10,000.00 10 ,500.00 10,500.00 30 ALEWIVE COMM. WAGES 125.00 12778.00 1 ,852.00 EXPENSES 957,60 1 ,000.00 11000 .00 31 DPW WAGES 609,832.96 665,141 .00 658,860.00 ROAD MACHINERY 26,195.67 27,900.00 27,900.00 SNOW & ICE CONTROL 72,927.54 65,000.00 657000.00 INSECT/PEST CONTROL 934.62 13100.00 1 , 100.00 EXPENSES 117,445.03 174,938.00 179,700.00 SOLID WASTE DISPOSAL 268,611 .81 360,760.00 312,485.00 32 RECYCLING EXPENSES 96.21 300.00 300.00 33 STREErLIGHTING 9,734.18 9,720.00 71000.00 34 BOARD OF HEALTH WAGES 110,031 .35 116,984.00 124,255.00 VISITING NURSE ASSOC. 15,527.00 17,625.00 17,625.00 EXPENSES 5,807.72 6,835.00 6,835.00 35 COUNCIL ON AGING WAGES 110, 139.23 116,868.00 125,457.00 EXPENSES 9 ,533.28 10,800.00 11 ,910.00 36 OLD MILL SITE COMM. 3,474.44 3,700.00 31700.00 37 VETERANS SERVICES 0.00 61000.00 61000.00 38 LADIES LIBRARY 339,959.50 371 ,451 .00 383 ,704.00 39 WATER COMM. WAGES 21200.00 2,200.00 2,200.00 WATER STAFF WAGES 3987035.39 459,993.00 474,501 .00 OPERATING EXPENSES 151 ,704.51 251 ,149.00 245,897.00 EQUIPMENT EXPENSES 81112.35 87383.00 81493.00 40 RECREATION WAGES 74,451 .41 82,044.00 845303.00 EXPENSES 22,247.97 28,858.00 28,858.00 41 GOLF DEPT WAGES 8825459.63 9517358.00 989,811 .00 EXPENSES 619,756.60 630,660.00 638,657.00 42 MEMORIAL/VETERANS DAY EXP, 15276.23 1 ,300.00 11400.00 GRAND TOTAL 13,421 ,911 .90 14,393,875.00 147178,955.00 or to take any other action relative thereto . ( Majority Vote Required) (Board of Selectmen) NAUSET REGIONAL SCHOOLS OPERATING BUDGET ARTICLE NO, 7; To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to defray the Nauset Regional School's charges and expenses for the Fiscal Year ending June 30, 2003, as follows : EXPENDED APPROPRIATED REQUESTED ITEM DEPARTMENT FY2001 FY2002 FY2003 1 , NAUSET ASSESSMENT $5 ,564,537 . 00 $5 .611 .826 .00 $6 .552 .298 . 00 TOTAL ASSESSMENT $5,564,537 .00 $5,611 ,826 . 00 $6,552 .298 . 00 or to take any other action relative thereto . ( Majority Vote Required) (Nauset Regional School Committee) HUMAN SERVICES FUNDING ARTICLE NO. B; To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of SIXTY THOUSAND EIGHT HUNDRED SIX AND 00/ 100 ($60,806.00) DOLLARSfor the following organizations and in the following respective amounts : 1 . Cape Aids Resource Exchange and Services (CARES) $21300 .00 2 . Cape Cod Child Development Program, Inc. $41825 . 00 3 . Cape Cod Council on Alcoholism & Drug Dependence, Inc. $4, 500 .00 4 . Cape Cod Human Services, Inc. $6,792 . 00 5 . Consumers Assistance Council, Inc. $ 500 . 00 6 , Independence House, Inc. $3,400 .00 7 . Interfaith Council for the Homeless of Lower Cape Cod $2,664. 00 8 . Legal Services for Cape Cod & Islands, Inc. $31800 . 00 9 . Lower Cape Outreach Council, Inc. $41200 . 00 10 . Nauset, Inc. $61425 . 00 11 . Sight Loss Services, Inc. of Cape Cod & Islands $ 650 . 00 12 . South Shore Mental Health — Cape Cod $61500 . 00 13 . The Salvation Army $2,750 . 00 14. Nauset Together We Can Prevention Council, Inc. $5,000 . 00 15 . Elder Services of Cape Cod ' Meals on Wheels" $6r5OO , OO GRAND TOTAL $60,806 . 00 and to authorize the Board of Selectmen, the Board of Health, and the School Committee, as appropriate, to enter into contracts with these organizations in order to provide desired social services for residents of Brewster, or to take any other action relative thereto . (Majority Vote Required) (Human Services Committee) FUNDING FOR TOWN NURSE POSITION ARTICLE NO, 9: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of THIRTY-FIVE THOUSAND AND 00/ 100 ($35,000. 00) DOLLARSto allow for the creation of a Town Nurse position and/or to authorize the Board of Selectmen and the Board of Health to enter into a contract in order to provide additional social services for residents of Brewster, however, that this sum of money for the Town Nurse Program shall not be raised and appropriated under this vote unless the Town votes at a Regular or Special Town Election to exem _t this sum of money from the limitations of Proposition 2 1/2, so-called, and, or to take any other action relative thereto. (Majority Vote Required) (Human Services Committee) LOCAL BUSINESS ORGANIZATION FUNDING REQUEST ARTICLE NO, 10: To see if the Town will vote to raise and appropriate, and/or transfer from available funds, the sum of TWENTY- TWO THOUSAND AND 00/100 ($22,000, 00) DOLLARS, to be expended under the direction of the Board of Selectmen to help defray costs associated with the annual publication and distribution of the BreW.sterBook and Beach Map Guide, as well as the monthly publication of Brewster advertisir)g and website, which advertises the Town's attractions, amenities, and services; to provide funds for the operation of the Brewster Visitor Information Center; to enable the Chamber of Commerce and Board of Trade United to appropriately advertise Brewster in order to increase room tax and beach pass revenue for the Town, promote the Town's golf course, or to take any other action relative thereto . (Majority Vote Required) (Citizens' Petition) BREWSTER TOWN BAND FUNDING ARTICLE NO, 11; To see if the town will vote to authorize the Board of Selectmen to enter into a contract with the Brewster Town Band in order to obtain instrumental performances for the Town, to raise and appropriate and/or transfer from available funds the sum of ONE THOUSAND AND 00/100 ($1,000. 00) DOLLARS, and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept grant proceeds and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) ( Board of Selectmen) CAPITAL EXPENDITURES ARTICLENO. 12; 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 funding the following capital acquisitions and expenditures to be undertaken during Fiscal Year 2003 and to authorize the Town Administrator to sell, trade, lease, exchange or otherwise dispose of, in the best interests of the Town, old equipment or vehicles deemed available, the proceeds from any such disposition to be applied toward the cost of acquiring said equipment or services as the case may be : TRANSFER RAISE FROM AND AVAILABLE ITEM DEPARTMENT APPROPRIATE FUNDS 1 , Water Department a . Construction Account $ 100,000 . 00 b. Computer Equipment $ 31500 . 00 c. Vehicle Transfer Expense $ 800 . 00 TRANSFER RAISE FROM AND AVAILABLE ITEM DEPARTMENT APPROPRIATE FUNDS 2 . Golf Department a . Spray Rig Replacement $ 20,000 .00 b . Engineering Services/Irrigation $ 27,000 . 00 c. Pickup Truck Replacement $ 30,000 . 00 d . Fairway Over-Seeding Project $ 181000 . 00 e. Deep-Tine Aerification Project $ 261400 . 00 f. Tee Renovation Project $ 121000 . 00 - - g . Greens Renovation Project $ 30,000 . 00 3 , Police Deoartment a . Police Vehicles $ 78,700 . 00 4. Board of Selectmen a . Financial System Software $ 150,000 .00 b . Town Offices Parking Lot Lighting $ 28,000 .00 5 . Fire Deoartment a . Ladder Truck Lease $ 141000 . 00 b . Rescue Billing Services $ 321000 .00 c. Rescue Equipment $ 71500 .00 d . Defibrillator Equipment $ 21 ,000 . 00 e. Protective Clothing $ 15,000 . 00 f. Computer Equipment $ 10,000 . 00 6 . Millsites Buildino a . Upgrade Millsites Museum $ 15,000 . 00 7 . Deoartment of Public Works a . Road/Drainage Maintenance $ 60,000 . 00 b . Transfer Station Improvements $ 91500 . 00 c. Solid Waste Trailer Replacement $ 551000 .00 d . Lawn Mower Replacement $ 8,500 .00 8 . Recreation Deoartment a . Upgrade/Repair Irrigation System $ 121000 . 00 9 . Elementary Schools a . Building Painting/ Stony Brook School $ 25,000 . 00 b . Building Painting/ Eddy School $ 151000 . 00 c. Replace Fire Alarm / Eddy School $ 30,000 . 00 d . Sidewalk Repairs / Stony Brook School $ 101800 . 00 10 . Board of Assessors a . Inspection Vehicle $ 16,375 . 00 b. Tax Mapping $ 10,000 . 00 116 Council on Auinu a . Air Conditioning Units $ 11000 .00 Sub-Totals $892,075 . 00 and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept grant proceeds and expend said funds for these purposes, or to take any other action relative thereto . (Majority Vote Required) (Board of Selectmen) ASSESSMENT FORMULA FOR NAUSET REGIONAL SCHOOLS ARTICLENO. 13. To see if the Town will vote to accept the provisions of the Massachusetts General Laws, Chapter No. 71 , Section No. 16B, which would reallocate the sum of the member towns' contributions to the Nauset Regional School District in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto. - ( Majority Vote Required) (Nauset Regional School Committee) NAUSET SCHOOL DISTRICT CAPITAL EXPENDITURES ARTICLE NO. 14; To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of ONE HUNDRED ONE THOUSAND FIVE HUNDRED TWENTY-FIVE AND 00/ 100 ($ 101,525. 00) DOLLARS, Brewster' share of capital improvements to the Nauset Regional Middle School and Nauset Regional High School, for the following purposes and in the following amounts : A. Nauset Middle School : • Replace carpet with vinyl the $ 35,000 . 00 • Replace bleachers 10,000 .00 • Replace tennis courts 601000 . 00 • Replace ball field backstop 13,900 .00 • Purchase additional security equipment 10,000 . 00 B. Nauset Hiah School : - • Replace exterior doors 361000 . 00 • Repair gymnasium bleacher sets 28,000 . 00 • Replace pipes in science labs 12,000 . 00 • Replace fire brick in No. 2 boiler 110000 . 00 Grand Total : $215,900 . 00 Brewster's Enrollment Share X 47. 02% Brewster's Appropriation Request 1 $ 1011525 .001 or to take any other action relative thereto. ( Majority Vote Required) (Nauset Regional School Committee) NAUSET SCHOOL DISTRICT CAPITAL EXPENDITURES ARTICLE NO. ZS To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of TWELVE THOUSAND SIXTY- SEVEN AND 00/ 100 ($ 12,067.00) DOLLARS, Brewster' share of capital improvements to the Nauset Regional Central Offices building, as follows : A. Nauset Central Offices : $25,000 . 00 Brewster's Enrollment Share X 47. 02% Brewster's Appropriation Request 1 $ 121067.001 or to take any other action relative thereto. (Majority Vote Required) (Nauset Regional School Committee) NAUSET INTERMUNICIPAL AGREEMENT/ FACILITIES MAINTENANCE ARTICLE NO. 16: To see if the Town will vote to amend Section N of the Nauset Regional School District Agreement, as follows ( Proposed changes are underlined and highlighted in bold) : SECTION N ADoortionment and Pavment of Costs Incurred by the District A. For the purpose of apportioning assessments levied by the district against the member towns, costs shall be divided into three categories : capital costs, operating costs, and facilit.i maintenance costs. B . Capital costs shall include all expenses in the nature of capital outlay such as the cost of acquiring land, the cost of constructing, reconstructing and adding to buildings, and the cost of remodelina or making extraordinary repairs to a school building or buildings, including without limitation the cost of the original equipment and furnishings for such buildings or additions, plans, architects' or consultants' fees, costs of sewage treatment or disposal, grading and other items incidental to placing school buildings and additions and related premises in operating condition and any other costs (whether or not so financed) which the district is or may be authorized by statute to finance by the issue of bonds. Capital costs shall also include payment of principal and interest on bonds or other obligations issued by the district to finance the foregoing costs. Capital costs represented by debt service shall be apportioned as capital costs of the year in which the debt service falls due. Co Operating costs shall include all costs not included in capital cost as defined in Section N(B) but including interest on temporary notes issued by the districts in anticipation of revenue . D . Facilitv maintenance costs shall include the cost 4, of rempdelinc rehabilitation or repairs to a school buildina or buildinas. their systems. or attendant orooerties and arounds. Such costs may be requested separately from the district's ooeratina assessment , and to be funded shall reauire aaaroval of three of the four, member towns. E . Payment of all capital costs in any fiscal year shall be apportioned among the member towns on the basis of their respective enrollments in the regional district schools on October 1 of the preceding fiscal year. F. Operating expenses of each fiscal year shall be apportioned to the member towns on the basis of their respective enrollments in the regional district schools on October 1 of the preceding fiscal year. G . Facilitv maintenance expenses of each fiscal near shall be anDortioned to the member towns on the basis of their respective, enrollments in the reaional district schools on October 1 of the, precedina fiscal vear. H . Each member town shall pay its proportionate share of the capital, operating and facilitv maintenance expenses, if any, to the regional school district in each fiscal year in four equal installments not later than the first days of September, December, March and June . or to take any other action relative thereto . (Majority Vote Required) (Nauset Regional School Committee) NAUSET INTERMUNICIPAL AGREEMENT/ COMMI77EE MEMBERSHIP ARTICLE NO. 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 and B, and replacing them with the following : SECTION I A. Number of Members. The Regional School District Committee, hereinafter referred to as the Committee, beginning with the annual town elections of 2003, shall consist of ten members, four from the Town of Brewster, three from Orleans, two from Eastham, and one from Wellfleet. To achieve proportional representation on the Committee, effective following the annual elections of 2003, the members from Brewster, Eastham and Wellfleet shall have one vote per member, and the members from Orleans . 8 (8/ 10) votes per member. All ten members shall be elected by their individual towns, as prescribed in Paragraph B. below. B. Election of Members. The Nauset Regional School District shall consist of four member towns, each of which shall elect representatives to serve for three-year terms as described above; provided, however, that any member elected prior to 2001 shall serve for a three-year term . At the annual town elections in 2002, Brewster and Orleans shall elect one member each for terms of three years. At the 2003 elections, Brewster, Eastham, and Orleans shall elect one member _ each, for terms of three years. At the 2004 elections, Brewster shall elect two members, and Eastham, Orleans and Wellfleet one member each, for terms of three years. The terms of all such elected members shall commence on the day following their election and continue for the terms for 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 town is required to elect a member each town shall elect such member to serve on the Committee for a term of three years commencing on the day following such election , or to take any other action relative thereto . (Majority Vote Required) ( Nauset Regional School Committee) HAZARDOUS WASTE COLLECTION DAYPROGRAM ARTICLENO. I8: To see if the Town will vote to raise and appropriate and/or transfer from available funds the sum of EIGHT THOUSAND AND _ 00/ 100 ($8,000.00) DOLLARS to finance costs associated with the hazardous waste collection day program and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts and expend said funds for this purpose, or to take any other action relative thereto . ( Majority Vote Required ) (Board of Health ) AMENDMENT TO ZONING BYLAW/ACCESSORYBUILDINGS ARTICLENO, 19: To see if the Town will vote to amend the Brewster Zoning By-law by deleting from the Code of the Town of Brewster, Massachusetts, Chapter No . 179, Section No. 179-2. B the current definition of " BUILDING, ACCESSORY" and substituting therefore the following new definitions in proper alphabetical sequence : BUILDING, ACCESSORY — A detached building or structure (a) which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, (b) which is located on the same lot, and (c) which is not a Shed as defined in this bylaw. Accessory buildings or structures shall conform to the setbacks in the Town of Brewster Zoning Bylaw. No accessory building shall contain habitable space or be used for human habitation . SHED — A single story detached building or structure (a) which has a footprint that does not exceed one hundred twenty ( 120) square feet, (b) which is used for a purpose which is customarily incidental and subordinate to the use of the principal building, and (c) which is located on the same lot. A shed may be located as close as ten ( 10) feet from any side or rear property line, but shall conform to the front property line setback, as required by the Town of Brewster Zoning Bylaw. No shed shall contain habitable space or be used for human habitation . or to take any other action relative thereto . (Two-Thirds Vote Required) ( Planning Board ) AMENDMENT TO ZONING BYLAW/FOOT BRIDGES ARTICLENO. 20; To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts, by repealing Chapter No . 179, Article II, Section No . 179-6 . E Subsection (3) [ " Footbridges, constructed or fabricated trails and walks, docks and landings. "] and by renumbering Subsections (4), (5), (6), and (7) as (3), (4), (5), and (6), or to take any other action relative thereto. (Two-Thirds Vote Required) (Planning Board ) TOWN CODE/ MANDATORYRECYCLING BYLAW ARTICLENO, 21: To see if the Town will vote to adopt, as Chapter No . 141 of the Code of the Town of Brewster, the following general bylaw : Recvdina Bvlaw Section 1 . Title. This bylaw shall be cited and may be referred to as the " Recycling Bylaw". Section 2. Purpose. With the state-mandated closure of IandfiMs across Cape Cod, waste disposal costs have increased dramatically. The Town's waste disposal fees are not and have not been, for several years, reflective of the actual cost that the Town incurs for processing . It is the goal of the Town of Brewster to encourage the public to reduce waste, re-use and recycle material and items that are re-usable, but currently viewed as waste. Furthermore it is the goal of this bylaw to encourage the public to dispose of solid waste generated within the town in the most environmentally acceptable manner and to reduce the amounts of the Town's solid waste which are transported at substantial cost to SEMASS for incineration . Through a more rigorous recycling initiative the Town will increase the percentage of the Town's solid waste, which is recycled, and hence divert that portion of the waste stream from costly processing . Section 3. Implementation. The Board of Selectmen is hereby granted the authority to issue rules and regulations implementing this bylaw, and the Board shall have the authority to require that materials brought to the Brewster Transfer Station must conform to disposal and recycling criteria established by its regulations. The rules may: 1m require the separation of recyclable from non-recyclable materials at the generating source; 2 . Require that recyclable materials be sorted by type; 3 . Establish "criteria for acceptance" of materials at the Brewster Transfer Station and issue regulations which will outline the condition in which each item will be accepted; 4. Require that materials be delivered in the conditions set forth in the "criteria for acceptance" 5 . Establish procedures that the public must necessarily follow to facilitate the efficient processing and handling of recyclable and non- recyclable materials at the Transfer Station; 6. Establish procedures and policies to ensure compliance with this Bylaw, and; T Establish other rules and procedures necessary to meet the goals set forth in Section No . 2. The Board of Selectmen shall have the authority, after a public hearing, to include items on the mandatory recycling schedule even when they are not listed in the CMR 310 waste bans. However, all items listed in the CMR 310 waste bans shall be included in the Town's mandatory recycling schedule according to, or earlier than, the State's implementation schedule. Mandatory recycling of items listed in the CMR 310 waste bans may be implemented sooner than the dates set by the State, but not later. The Board of Selectmen may, from time to time and after determination at a public hearing, change the items listed on the schedule. Section 4. Public Hearina. Notice of a public hearing shall be advertised at least fourteen ( 14) days prior to the hearing date and all commercial waste haulers licensed by the Brewster Board of Health shall be notified in writing of a public hearing at least fourteen ( 14) days prior to the hearing. At the public hearing, the Board of Selectmen may consider federal and state laws regulating the disposal and delivery of recyclable and solid waste materials, the current market conditions for the item(s) proposed to be recycled, the practicality of recycling the item(s), the cost versus the benefit of recycling the item(s), and any other pertinent information deemed necessary for the determination of an informed decision . The decisions reached by the Board of Selectmen at the public hearing, including the schedule of effective dates for mandatory recycling of items, the criteria for acceptance and rules pertaining to efficient and effective recycling at the Transfer Station, shall be incorporated into the implementing regulations. The recycling schedule, or any revisions thereto, shall become effective a least thirty (30) days after a public hearing. A copy of recycling schedule shall be filed in the Town Clerk's Office and posted at the Brewster Town Offices, the Brewster Transfer Station, and any other location designated by the Brewster Board of Selectmen . Section S. Enforcement, The Superintendent of Public Works, or his/her designee, shall have the right to periodically inspect any materials delivered to the Transfer Station to be sure that all materials that the Board of Selectmen have designated as required recyclables are properly separated from non-recyclable materials and are in acceptable condition as identified by the Board of Selectmen in the implementation schedule attached as Recycling schedule. The Superintendent of Public Works, or his/her designee, may refuse to accept any materials that are in violation of this by-law, and reserves the right to revoke the disposal privileges and permits from repeat offenders. The Superintendent of Public Works may issue fines for the violation of this bylaw. All such fines may be recovered by non-criminal disposition in accordance with MGL Chapter No. 40, Section No. 21D. When the Superintendent of Public Works fines a commercial waste hauler, the Brewster Board of Health shall be notified within seven (7) days of issuance of the fine. For the purposes of this bylaw, the enforcing persons shall be the Superintendent of Public Works and any member of the Police Department. Section 6. Violations and Penalties. Any delivery which is made by any person or commercial waste hauler and which violates the conditions and rules established by the Board of Selectmen and attached as recycling schedule may be punished by fine as follows : First offense during one year's time. . . . . . . . .written warning Second offense during one year's time. . . . . . . . . . . . . . . . $ 50 . 00 Third offense during one year's time. . . . . . . . . . . . . . . . . . . $ 100. 00 Subsequent offenses may be subject to fine at the $ 100 .00 rate and/or to revocation or suspension of disposal privileges. Within the boundaries of the Town of Brewster but excluding the Transfer Station, any abandonment, disposal, or dumping on public property of any materials or items or any abandonment, disposal, or dumping of items listed on the recycling schedule is forbidden. Illegal disposal and/or dumping is a crime and shall be punished to the highest and severest extent of the law, including fines, confiscation of vehicles and possible imprisonment. The Superintendent of Public Works may issue fines for the violation of this bylaw. All such fines may be recovered by non-criminal disposition in accordance with MGL Chapter No. 40, Section No. 21D. When the Superintendent of Public Works fines a commercial waste hauler, the Brewster Board of Health shall be notified within seven (7) days of issuance of the fine. For the purposes of this bylaw, the enforcing persons shall be the Superintendent of Public Works and any member of the Police Department. Section 7. SEVERABILITY. The invalidity of any section, subsection, sentence, clause, phrase or portion of this bylaw shall not invalidate the remaining portions thereof, or to take any other action relative thereto . ( Majority Vote Required) ( Board of Selectmen) AMENDMENT TO ZONING BYLAW/ SIGN REGULATIONS ARTICLENO. 22; To see if the Town will vote to amend the Code of the Town of Brewster, Massachusetts by amending Chapter 179-20 . 5 . " Regulations for Specific Types of Signs", to read, as follows, (Proposed changes are underlined and highlighted in bold) : N . "Welcome to Brewster" signs. Welcome signs may be permitted at key entrances to the Town . No more than eight (8) of these signs shall be permitted town-wide. Signs must be Town-owned and will state "Welcome to Brewster, twinned with Budleigh Salterton, England". These signs may contain an insignia and the Town's date of establishment. Signs shall not exceed ten ( 10) square feet and the top of said sign shall be no higher than six (6) feet above ground level . The sign color shall be consistent with other town facility or regulatory signs. or to take any other action relative thereto. (Two-Thirds Vote Required) (Board of Selectmen ) MASSACHUSETTS TECHNOLOGYGRANT PROGRAM ARTICLE NO. 23: To see if the Town will vote to authorize the Town Administrator, acting through the Board of Selectmen, to apply for and accept grant proceeds (Waste to Energy Grant Program) offered through the Massachusetts Technology Park Corporation from the Massachusetts Renewable Energy Trust Fund; these funds will be transferred to SEMASS and utilized to alleviate certain payment obligations incurred by the Town through long-term contractual agreements with the SEMASS Partnership, the owner/operator of the waste to energy facility in Rochester, MA, and to authorize the Town Administrator to expend the grant funds, solicit proposals/bids and enter into contracts for this purpose, or to take any other action relative thereto . (Majority Vote Required) (Board of Selectmen ) FUNDING FOR THE EVALUATION OF PURCHASE OF REAL ESTATE ARTZCLENO. 24; To see it the Town will vote to raise and appropriate and/or to transfer from available funds the sum of TWENTY THOUSAND AND 00/100 ($20,000. 00) DOLLARSfor the purpose of investigating and making recommendations for the purchase of real estate and for obtaining various clerical, professional, legal, appraisal and engineering services, and to authorize the Open Space Committee to solicit bids, enter into contracts, and expend these funds for this purpose, or to take any other action relative thereto . (Majority Vote Required) (Open Space Committee) BETTERMENTS DEFFERAL PROGRAM ARTICtENQ 25; To see the Town will vote to accept the provisions of Chapter No. 80, Section No. 13B of the General Laws, to allow for the deferral of betterments under Chapter No . 59, Section No . 5, Clause 41A, or to take any other action relative thereto . ( Majority Vote Required) ( Board of Assessors) ELDERLYEXEMPTION l ARTICLENO, 26: To see the Town will vote to accept the provisions of Chapter No . 59, Section No . 5, Clause 17E of the General Laws, to allow for the adjustment of certain elderly exemptions by an annual consumer price index established by the Massachusetts Department of Revenue, or to take any other action relative thereto . (Majority Vote Required) (Board of Assessors) OPEN SPACE / GIFT OF LAND ARTICLE NO, 27.• To see if the Town will vote to authorize the Board of Selectmen to acquire the land, which is designated on the Board of Assessors` Maps, as follows: 1 . Map No . 22 , Parcel No. 11 ; said acquisition to be undertaken by gift, purchase or by an eminent domain taking under the General Laws, Chapter No. 79 and any other enabling authority for use as open space; to appropriate a sum of money to pay for land acquisition, tax awards, financing, and other costs incidental and related thereto; to authorize the Board of Selectmen to apply for, accept, and expend any funds which may be provided by the Commonwealth of Massachusetts or some other source to defray a portion or all of the costs of acquiring this property; and to authorize the Conservation Commission to assume the care, custody, control and management of this property, or to take any other action relative thereto. (Majority Vote Required) (Open Space Committee) OPEN SPACE LAND ACQUISITION ARTICLENO, 28: To see if the Town will vote to authorize the Board of Selectmen to acquire a parcel of land which is designated on Brewster Assessor's Map No . 36, as Parcel No . 1-0, located off A. P. Newcomb Road, in the Town of Brewster, Barnstable County, Massachusetts, which parcel is further described in the deeds recorded at the Barnstable County Registry of Deeds in Deed Book 11243, Page 149 and Deed Book 12202, Page 216, consisting of approximately 18 . 3 acres, more or less, of which 3 .97 acres, more or less, is comprised of land subject to an easement of Cape & Vineyard Electric Company and its successors and assigns more fully described in the easement instrument recorded at the Barnstable County Registry of Deeds in Book 702, Page 336, and of which 14. 33 acres, more or less, is comprised of open space; to acquire the entire parcel by gift, purchase or eminent domain taking under Massachusetts General Laws, Chapter No . 79, or any other enabling authority; to acquire the 3 .97 acres consisting of the land subject to the easement for general public purposes; to acquire the remaining 14. 33 acres for uses defined by Chapter No . 293 of the Acts of 1998, also known as an Act Relative to the Establishment of the Cape Cod Open Space Land Acquisition Program (hereinafter, "the Act's; to authorize the Board of Selectmen to grant to the Trustees of the Brewster Conservation Trust, for no consideration, a perpetual Conservation Restriction pursuant to the provisions of G . L. c. 184, Sections 31 — 33, over the 14. 33 acres acquired for purposes under the Act, allowing conservation and passive recreation uses within the meaning of the Act and Massachusetts General Laws, Chapter 40, Section 8C; to authorize the Board of Selectmen to contract with a registered land surveyor for purposes of conducting a full perimeter survey of the property and preparing a plan of land for recordation at the Barnstable County Registry of Deeds; to appropriate a sum of money to pay for land acquisition and other costs incidental and related thereto, including costs associated with said_survey and plan ; to authorize the Town Treasurer to transfer from available funds a sum of money for the purpose of paying for the engineered survey; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money for the acquisition of the 14. 33 acres in anticipation of repayment by the receipt of future monies collected in accordance with the Act, pursuant to the provisions of the Massachusetts General Laws, Chapter No . 44, Section No. 7(3), and any other enabling authority, and to issue bonds and/or notes of the Town therefor; to authorize the Town Treasurer, with approval of the Board of Selectmen, to transfer from available sums a sum of money for the acquisition of the remaining 3 .97 acres subject to the easement; to authorize the Town Treasurer to transfer from available funds a sum of money for the purpose of paying for the preparation, issuance, and marketing of notes and bonds issued hereunder and for paying interest on temporary notes issued in anticipation thereof; to authorize the Board of Selectmen to apply for, accept and expend any funds which may be provided by the Commonwealth or some other source to defray a portion or all of the costs of acquiring this property, provided that the amount of notes or bonds issued hereunder shall be reduced by the amount of any such grants received or funds accepted prior to the sale of such notes or bonds; to authorize the Conservation Commission to assume the care, custody, control and management of the 14. 33 acres of the property acquired for purposes under the Act; and to authorize the Board of Selectmen to assume the care, custody, control and management of the remaining 3 .97 acres of the property acquired for general public purposes; or to take any other action relative thereto . (Majority Vote Required) (Open Space Committee) REAL ESTATEACQUISITION ARTICLENOo 29; To see if the Town will vote to authorize the Board of Selectmen to acquire a building and associated property improvements, which is designated on the Board of Assessors' Maps, as follows : 1 . Map No . 46, Parcel No . 41 ; said acquisition to be undertaken by gift, purchase or by an eminent domain taking under the General Laws, Chapter No . 79 and any other enabling authority for municipal use; to appropriate a sum of money to pay for this acquisition, tax awards, financing, and other costs incidental and related thereto; to authorize the Board of Selectmen to apply for, accept, and expend any funds which may be provided by the Commonwealth of Massachusetts or some other source to defray a portion or all of the costs of acquiring this site; and to authorize the Water Department to assume the care, custody, control and management of this property, or to take any other action relative thereto . (Two-Thirds Vote Required) (Board of Selectmen & Water Commission) WATER QUALITY GRANT FOR LONG POND ARTICLE NO. 30; To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money in order to provide for the Town's share of costs associated with a program to improve water quality on Long Pond, in cooperation with the Town of Harwich and the Cape Cod Commission, to authorize participation in a grant program offered through the Commonwealth of Massachusetts, and to authorize the Town Administrator to solicit bids and/or proposals, enter into a contract or contracts, accept grant and gift proceeds and expend said funds for this purpose, or to take any other action relative thereto. (Majority Vote Required) (Board of Selectmen) REHABILITATION OF STANDPIPE NO. 1 ARTICLE NO, 31; To see if the Town will vote to appropriate a sum of money to pay for engineering and designing services, construction and modifications, the complete removal of interior and exterior paint and the subsequent repainting of Standpipe No . 1 (2 million gallon capacity), and all incidental and related costs, to meet this appropriation by transferring, raising, and/or borrowing these funds and by issuing notes and bonds therefor, to authorize the Town Treasurer, under the direction of the Board of Selectmen and pursuant to Massachusetts General Laws Chapter No . 44, Section No. 7 (3A) and any other enabling authority, to issue these notes and bonds, to raise and appropriate a sum of money to pay for the preparation, issuance, and marketing of these notes and bonds and to pay legal expenses and the interest on temporary notes, to authorize the Board of Selectmen through the Town Administrator, to solicit bids and/or proposals and to enter contacts and expend such funds for these purposes, to authorize the Town Administrator to seek and accept grants to defray these expenses but to reduce the amount of the notes and bonds authorized hereby by any sums received before their issuance, or to take any other action relative thereto. (Two-Thirds Vote Required) (Water Commissioners) BOULDER ROAD WATER MAIN REPLACEMENT ARTICLE NO, 32: To see if the Town will vote to appropriate a sum of money to pay for engineering and designing services, materials and appurtenances, installation costs, and all incidental and related expenses for laying an eight (8') inch ductile, iron water main approximately seven hundred twenty-five (725 feet along the length of Boulder Road , to meet this appropriation by transferring, raising, and/or borrowing these funds and by issuing notes and bonds therefor under the authority of Massachusetts General Laws Chapter No . 44, Section No . 8(5) and any other enabling authority, to authorize the Town Treasurer, under the direction of the Board of Selectmen, to issue these notes and bonds, to raise and appropriate a sum of money to pay for the preparation, issuance, marketing of these notes and bonds and to pay legal expenses and the interest on temporary notes, to authorize the Board of Selectmen, through the Town Administrator, to solicit bids and/or proposals and to enter contracts and expend such funds for these purposes, to authorize the Town Administrator to seek and accept grants to defray these expenses but to reduce the amount of the notes and bonds authorized hereby by any sums received before their issuance, or to take any other action relative thereto . (Two-Thirds Vote Required) (Water Commissioners) PRIVATE ROAD BETTERMENT PROJECT/MILLSTONE VILLAGE ARTICLE NO. 33: To see if the Town will vote to authorize the Board of Selectmen to undertake a series of temporary road repairs to the following roads : • Lund Farm Road • Horseshoe Way and furthermore, to authorize the Board of Selectmen to proceed with the reconstruction of these ways after it has been determined that the provisions of the Brewster Town Code, Article VIII, Chapter No. 157, Section No. 157-20 have been satisfied ; to raise and appropriate, transfer from available funds, and/or to obtain by borrowing a sum of money to pay for the costs of, engineering, construction, reconstruction, and related expenses in connection therewith; to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money, under and pursuant to Massachusetts General Laws, Chapter No. 44, Section No . 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 . (Two-Thirds Vote Required) (Citizens' Petition) RENOVATION AND EXPANSION OF THE FIRE STATION ARTICLE NO, 34; To see if the Town will vote to appropriate a sum of money for completing the design, constructing, renovating, originally equipping and furnishing of a Fire Station, including other costs incidental and related to the carrying out of this project and its financing, and to see whether such sum shall be raised by a transfer from available funds, or to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow a certain sum of money under and pursuant to Chapter No. 44 of the General Laws, and/or any other enabling authority, and to issue bonds or notes of the Town therefor; to transfer from available funds an additional sum of money for the purpose of paying for the preparation, issuance and marketing of bonds and notes issued hereunder and for paying interest on temporary notes issued in anticipation thereof; provided, however, that a favorable vote under this article shall have no effect unless the Town votes at a regular or special election to exempt the amounts required to pay the bonds or notes and other related expenses from the limitation of Proposition 2 1/2, so called, or to take any other action relative thereto. (Two-Thirds Required) ( Board of Selectmen) SA YSIDE SKIPPERS FUNDING ARTICLE NO. 35: 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) DOLLARSfor the purpose of funding part of the transportation expenses for the Brewster Bayside Skippers Jump Rope Competition Team and to authorize the Board of Selectmen to enter into a contract in order to provide these recreational services for residents of Brewster and to expend such funds for this purpose, or to take any other action relative thereto. ( Majority Vote Required) (Citizens' Petition) AMENDMENT TO ZONING BYLAW/ AFFORDABLE HOUSING ARTICLE NO. 36: To see if the Town will vote to amend the Code of the Town of Brewster, Chapter No . 179, also known as the Zoning Bylaws, Article I, "General Provisions", Section No. 179-2 . , "Definitions.". Sub-Section B . , as follows : AFFORDABLE ACCESSORY APARTMENT — a single-family dwelling unit, controlled by a deed rider for affordability, and allowed by Special Permit duly authorized by the Zoning Board of Appeals in accordance with Section No . 170-42 . 1 or to take any other action relative thereto. (Two-Thirds Vote Required) (Citizens' Petition) AMENDMENT TO ZONING BYLAW/ AFFORDABLE HOUSING ARTICLE NO. 37,m To see if the Town will amend Article IV, "Use Regulations", Section No . 17941, Table of Use Regulations, to include the following new wording as Sub-Section B. 3 .2. , "Affordable Accessory Apartments", as follows : RR=R RR-L RR=M CC=H VV=6 I MRD CT 3 . 2 , Affordable Accessory Apartment S S S S S S or to take any other action relative thereto. (Two-Thirds Vote Required ) (Citizens' Petition) AMENDMENT TO ZONING BYLAW/ AFFORDABLEHOUSING ARTICLE NO. 38; To see if the Town will vote to adopt a new section 179-42 . 1 , to be known and "Affordable Accessory Apartments", as follows : 179-42 . 1 . Affordable Accessory Apartments. For the purpose of promoting the development of affordable housing in Brewster for year-round residents, one accessory dwelling unit per lot may -- be allowed by Special Permit from the Zoning Board of Appeals subject to the following standards and conditions : 1 . Affordable Accessory Apartments may be allowed on residential lots with a minimum of 15,000 square feet of contiguous upland, if no change in the footprint of the existing building is proposed . If a change in building footprint is proposed, an Affordable Accessory Apartment may be allowed on a lot with 1/2 acre or more of contiguous upland, or on a commercial lot of 10,000 square feet or more of contiguous upland, provided additional new building coverage will not exceed a 50% increase to the existing principal structure footprint. 2 . In order to create an Affordable Accessory Apartment, the owner of a residential property must occupy, as a primary residence, either the principal or accessory dwelling on that lot. For Affordable Accessory Apartments as part of a commercial property, the owner of the property must either reside in Brewster or have a property manager residing in Brewster, who will be named in the Special Permit and shall remain immediately responsible for the __ . management of the Affordable Accessory Apartment. For the purposes of this section, residency shall be confirmed by listing on the annual town census. Changes in designation of a property manager or owner shall only be made by amendment to the Special Permit and shall require amendment to the deed and/or deed rider. 3 . Affordable Accessory Apartments created under this bylaw shall be subject to a fifteen ( 15) year deed-rider, which shall maintain a maximum rent which can be charged, as defined in Subsection 8 herein . No Affordable Accessory Apartment shall be occupied until a copy of said deed rider is provided to both the Building Inspector and the Town Administrator. 4. Affordable Accessory Apartments shall not be larger than eight hundred (800) square feet or exceed fifty percent (50%) of the existing building coverage (as defined herein ), whichever is smaller. 5 . No more than twenty (20) new Affordable Accessory Apartments may be approved in a calendar year, excluding re-certifications. Completed applications for Affordable Accessory Apartments shall _ be reviewed in the order in which they are received by the Zoning Board of Appeals. 6 . Site Requirements : a . Affordable Accessory Apartments may be within or attached to a principal dwelling or within an existing detached accessory structure. An Accessory Apartment as part of a principal structure shall not increase site coverage by more than fifty percent (50%) of the pre-existing building coverage. An Accessory Apartment within an existing detached accessory structure shall only be allowed if no increase in building coverage is proposed . b . Affordable Accessory Apartments shall be designed so as to be compatible with existing site and neighborhood conditions. C, Affordable Accessory Apartment units shall meet all state and local requirements, including Building Codes, Wetlands Protection, Title V. and Brewster's Groundwater Protection District standards, if applicable . d . Where substantial repairs or upgrades are necessary to bring a property into code compliance, the Town _ and the Housing Authority will assist the property owner in identifying potential funding sources. 7 . No Affordable Accessory Apartment shall be separated by ownership from the principal structure. 8 . Owners of a property containing an Affordable Accessory Apartment shall be responsible for annual submission to the Building Inspector and the Brewster Housing Authority of information verifying occupancy status and management status of said Affordable Accessory Apartment, 9 . Leases for Affordable Accessory Apartments shall be issued for twelve ( 12) months at a time, to be renewed pending verification by the Brewster Housing Authority, or the Housing Authority's designee, of the tenant's income . All occupants of an Affordable Accessory Apartment shall upon initial application and annually thereafter, submit necessary documentation to the Brewster Housing Authority, or the Housing Authority's designee, to confirm their income eligibility for the Affordable Accessory Apartment. Specifically, Affordable Accessory Apartments created under this provision may only be rented to families or individuals meeting the guidelines of the United States Department of Housing and Urban development for Barnstable County for either low or moderate income households. 10 . Maximum rents shall be established by the Brewster Housing Authority in accordance with the United States Department of Housing and Urban Development Fair Market Rental Guidelines, as amended from time to time . Property owners are required as part of the Special Permit application to submit to the Zoning Board of Appeals information on rents to be charged . Each year thereafter, owners shall submit verification to the Brewster Housing Authority on the actual annual rents charged . Forms for this purpose shall be provided by the Housing Authority, or an agent thereof. 11 . Failure to comply with any provision of this bylaw may result in fines as established in Brewster's Zoning Code, Chapter No , 179, Article X, "Administration and Enforcement", Section No. 179-49 . 12 . In accordance with Massachusetts General Laws, Chapter No . 40A , Section No. 9, the Zoning Board of Appeals may adopt, after a duly advertised public hearing, rules and regulations further defining procedures or fees related to the administration of this bylaw. or to take any other action relative thereto . (Two-Thirds Vote Required) (Citizens' Petition) TOWN MEETING SCHEDULE ARTICLENO. 39: To see if the Town will vote to amend Article No . I of Chapter No. 48 (Annual Town Meeting) of the Code of the Town of Brewster, Massachusetts by substituting therefor, but with the same code designation, the following general by-law ( Proposed changes are underlined and highlighted in bold) : 5 484 . Desianation of time. The town will hold two regularly scheduled Town Meetings. The Spring Annual Town Meeting for the transaction of all business for the town, other than matters to be determined by ballot, shall be held on the second Saturday in May to commence at 10 : 00 a . m . A one hour lunch break will be provided , and adjournment shall be no later than S : 00 o. m . The Annual Election for the election of officers and such matters as are by law determined by ballot shall be held on the third Tuesday in May. The Fall Yearly Town Meeting will be held the third Monday in November to address the transactions of all business for the town . or to take any other action relative thereto. (Majority Voted Required) (Citizens' Petition) ADOPTION OF BYLAW/CAPITAL EXPENSE BALLOT QUESTION ARTICLE NO. 40; To see if the Town will vote to adopt the following Bylaw : Any amount of money to be appropriated, borrowed and/or bonded in excess of seventy-five thousand ($75,000 . 00) dollars, excepting the Town's Operating Budget which is voted in a Town Meeting, shall not become valid unless ratified by a majority of the voters by ballot in a subsequent Town Election . The effective date of this bylaw shall be the first day of fiscal year two thousand and three (2003) . or to take any other action relative thereto . (Majority Vote Required) (Citizens' Petition) PENSION FUND ARTICLE NO, 41: To see if the Town will vote to raise and appropriate and/or transfer from available funds a sum of money to add to the Pension Fund, or to take any other action relative thereto. ( Majority Vote Required) (Board of Selectmen) STABILILIZATION FUND ARTICLE NO. 42. 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 . ( Majority Vote Required) (Board of Selectmen) ANYOTHER BUSINESS ARTICLE NO. 43: 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 meeting as aforesaid . Given under our hand and Seal of the Town of Brewster affixed this 13tr day of March, 2002. QLx� 964 P ter G . Norton, Chairman Greg '�A. Levasseur, Vice-Chairman K? lel l� :tlevirm obert B. irrscchhhman, Clerk W. Fldr�dge JohMitchell And you are hereby directed to serve this Warrant with your doings thereon to the Town Clerk at the time and place of said meeting as aforesaid . 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 6, 2002 by posting attested copies thereof, in the following locations in the Town on the /3 day of March, 2002. Brewster Town Offices Brewster Farm Market Brewster Ladies Library Brewster Pizza House The Brewster Store Millstone Liquors U . S. Post Office . ,/ Roland W. Bassett, Constable