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