HomeMy Public PortalAbout2002-11-18 Special Town Mtg Warrant TABLE OF CONTENTS
FALL YEARLY TOWN MEETING
NOVEMBER 18, 2002
ARTICLE
NUMBER DESCRIPTIO_ N SPONSOR
1 UNPAID BILLS BOARD OF SELECTMEN
2 BUDGETARY TRANSFERS BOARD OF SELECTMEN
3 CHAPTER 90 FUNDING BOARD OF SELECTMEN
4 CAPITAL EXPENDITURES BOARD OF SELECTMEN
5 NAUSET IMA / COMMITTEE MEMBERSHIP NAUSET SCHOOL COMM .
6 WATER QUALITY GRANT FOR LONG POND BOARD OF SELECTMEN
7 TRIENNIAL REVALUATION BOARD OF ASSESSORS
8 ELDERLY EXEMPTION BOARD OF ASSESSORS
9 DEFERRAL EXEMPTION BOARD OF ASSESSORS
10 GREAT. FIELDS ENGINEERING SERVICES BOARD OF SELECTMEN
11 WATER TREATMENT PLANT CONSTRUCTION WATER COMMISSIONERS
12 BOULDER ROAD WATER MAIN REPLACEMENT WATER COMMISSIONERS
13 OPEN SPACE LAND ACQUISITION OPEN SPACE COMMITTEE
14 TRANSFER OF LAND / AFFORDABLE HOUSING BOARD OF SELECTMEN
15 AMENDMENT TO ZONING BYLAW BOARD OF SELECTMEN /
CITIZENS FOR AFFORDABLE
HOUSING
16 AMENDMENT TO ZONING BYLAW BOARD OF SELECTMEN
CITIZENS FOR AFFORDABLE
HOUSING
17 AMENDMENT TO ZONING BYLAW BOARD OF SELECTMEN
18 AFFORDABLE HOUSING FUND BOARD OF SELECTMEN /
CITIZENS FOR AFFORDABLE
HOUSING
19 AMENDMENT TO ZONING BYLAW PLANNING BOARD
20 AMENDMENT TO ZONING BYLAW PLANNING BOARD
21 AMENDMENT TO ZONING BYLAW PLANNING BOARD
22 AMENDMENT TO SIGN REGULATIONS BOARD OF SELECTMEN
23 ROAD BETTERMENT FUND BOARD OF SELECTMEN
24 PRIVATE ROAD BETTERMENT BORROWING BOARD OF SELECTMEN
25 PENSION FUND BOARD OF SELECTMEN
26 STABILIZATION FUND BOARD OF SELECTMEN
27 ANY OTHER BUSINESS
TOWN OF BREWSTER
FALL YEARLY TOWN MEETING
NOVEMBER 189 2002
Barnstable , ss
To : Roland W. Bassett
Constable of 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, November
18 , 2002 next, at 7 : 00 p . m. o 'clock in the evening, then and there to act upon the following
articles :
UNPAID BILLS
ARTICLE 1 : To see if the Town will vote to transfer from available funds the sum of
FOUR THOUSAND FIVE HUNDRED SIXTY FOUR AND 831100 ($4, 564. 83) DOLLARS to
pay the following unpaid bills incurred but unpaid during a previous fiscal year:
a. Cape Cod Alarm Co . , Inc . $ 225 . 00
b . Snow's Hardware 77 . 77
c . Health Care Logistics 37 . 78
d . Moore Medical 107 . 88
e . Cape Cod Hospital 41116 . 40
TOTAL $ 4 , 564 . 83
or to take any other action relative thereto .
(Nine-Tenths Vote Required) (Board of Selectmen)
BUDGETARY TRANSFERS
ARTICLE 2: To see if the Town will vote to transfer from available funds and/ or
appropriate from surplus funds in some departments an amount of money to be used in
conjunction with funds appropriated under current fiscal year budgets during the current
fiscal year to pay shortfalls that would otherwise exist in the Fiscal Year 2003 budget of
other departments, as follows :
a. Transfer the sum of $91 . 00 from the Ambulance receipts Reserved for Appropriation
Account to Line Item No . 3 (Assessments) within Article No . 6 of the 2002 Annual Town
Meeting,
b . Transfer the sum of $ 1 , 000 . 00 from the Ambulari9e Receipts Reserved for Appropriation
Account to Line Item No . 3 (Assessments) within Article No . 6 of the 2002 Annual Town
Meeting,
c . Transfer the sum of $ 12 , 000 . 00 from the Ambulance Receipts Reserved for
Appropriation Account to Line Item NG. 9 (Legal Expenses) within Article No . 6 of the
2002 Annual Town Meeting,
d . Transfer the sum of $6 , 000 . 00 from the Ambulance Receipts Reserved for Appropriation
Account to Line Item No . 10 (Town Clerk's Expenses) within Article No . 6 of the 2002
Annual Town Meeting,
e . Transfer the sum of $ 1 , 500 . 00 from Line Item No . 25 (Police Wages) to Line Item No . 21
(Retirement/ Pension) , both within Article No . 6 of the 2002 Annual Town Meeting,
f. Transfer the sum of $9 , 000 . 00 from Line Item No . 25 (Police Wages) to Line Item No . 25
(Police Expenses) , both within Article No . 6 of the 2002 Annual Town Meeting,
g . Transfer the sum of $80 , 000 . 00 from the Ambulance Receipts Reserved for
Appropriation Account to Line Item No . 26 (Fire Wages) within Article No . 6 of the 2002
Annual Town Meeting,
h . Transfer the sum of $ 16 , 000 . 00 from the Ambulance Receipts Reserved for
Appropriation Account to Line Item No . 26 (Fire Expenses) within Article No . 6 of the
2002 Annual Town Meeting,
i . Transfer the sum of $4 , 000 . 00 from the Ambulance Receipts Reserved for Appropriation
Account to Line Item No . 26 (Fire Expenses) within Article No . 6 of the 2002 Annual
Town Meeting,
j . Transfer the sum of $6 , 500 . 00 from the Ambulance Receipts Reserved for Appropriation
Account to Line Item No . 37 (Veteran 's Services) within Article No . 6 of the 2002 Annual
Town Meeting,
or to take any other action relative thereto .
(Majority Vote Required) (Board of Selectmen)
REPAIR AND RESURFACE TOWN ROADS/CHAPTER 90 FUNDS
ARTICLE 3: To see if the Town will vote to transfer from available funds the following
sums :
a. EIGHTY-TWO THOUSAND FIVE HUNDRED SEVENTY-THREE AND 65/100
($82, 573. 65) DOLLARS UNDER CHAPTER 53C OF THE ACTS OF 1999, AND
b . ONE HUNDRED SIXTY-FIVE THOUSAND ONE HUNDRED FORTY-SEVENAND
31/100 ($ 165, 147 31) DOLLARS UNDER CHAPTER 246 OF THE ACTS OF
2002,
as provided under Chapter 90 of the Massachusetts General Laws for local roads and
highways , said funds shall be expended under the direction of the Board of Selectmen , or to
take any other action relative thereto .
(Majority Vote Required) (Board of Selectmen)
CAPITAL EXPENDITURES
ARTICLE 4: To see if the Town will vote to 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
FROM
AVAILABLE
ITEM DEPARTMENT FUNDS
1 Department of Public Works
a. Drainage / Road Maintenance 657000 . 00
b . Post-Closure Landfill Monitoring Expense 37 , 500 . 00
C . Dump Truck Replacement 1177000 . 00
d . School Zone Signal Upgrade Project 8 , 000 . 00
e . Landscape Trailer Replacement 39000 . 00
2 Fire Department
a. Repair Pump Equipment on the 1989 Engine 182000 . 00
b . Repair Pump Equipment on the 1980 Engine 87000 . 00
C , Fire Station Repair Project 25 , 000 . 00
3 Golf Department
a. Greens Aerifiers (2 units) 267000 . 00
b . Fairway Aerifier 22 , 000 . 00
C , Fairway Over Seeding Project 182000 . 00
d . Cart Path Improvements 157000 . 00
e . Deep-tine Aerification Service 8 , 500 . 00
4 Board of Selectmen
a. Technology Equipment Replacement 292000 . 00
5 Elementary School Department
a. Stony Brook School Painting Project 25 , 000 . 00
b . Eddy School Painting Project 157000 . 00
C , Technology Equipment 382438 . 00
d . Stony Brook School Sound System Equipment 20 , 000 . 00
e . Eddy Field Rehabilitation Project 31 , 000 . 00
f. Stony Brook Field Rehabilitation Project 30 , 000 . 00
g. Stony Brook Roof Rehabilitation Project 200 , 000 . 00
6 Conservation Commission
a. Land Management Project 8 , 200 . 00
b . Grassland Habitat Restoration Project 6 , 000 . 00
Grand-Total $7732638.00
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)
NAUSET INTERMUNICIPAL AGREEMENT/COMNIITTEE MEMBERSHIP j
ARTICLE 5: 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 three-year terms . 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)
WATER QUALITY GRANT FOR LONG POND
ARTICLE 6: To see if the Town will vote to transfer from the Long Pond gift account
the sum of THIRTY THOUSAND AND 00/100 ($30, 000. 00) DOLLARS 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)
TRIENNIAL REVALUATION OF REAL AND PERSONAL PROPERTY
ARTICLE 7: To see if the Town will vote to transfer from available funds the sum of
FORTY-FIVE THOUSAND AND 00/100 ($45, 000. 00) DOLLARS for the purposes of
performing the triennial revaluation of real and personal property 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 Assessors)
ELDERLY EXEMPTION
ARTICLE 8: To see if the Town will vote to adopt the provisions of Massachusetts
General Laws , Chapter 59 , Section 5 , Clause 41C , as amended by Chapter 184 , Section 51
of the Acts of 2002 , and to vote for the maximum adjustment permitted in said statute of: i)
the age , income and asset requirements seniors must meet to qualify for the exemption ;
and ii) the amount of the exemption the town may grant to eligible seniors, or to take any
other action relative thereto .
(Majority Vote Required) (Board of Assessors)
DEFERRAL EXEMPTION
ARTICLE 9: To see if the Town will vote to adopt a higher maximum qualifying gross
receipts figure pursuant to the provisions of Massachusetts General Laws , Chapter 59 ,
Section 5 , Clause 41A, in the maximum amount of forty thousand ($40 , 000 . 00) dollars , or
to take any other action relative thereto .
(Majority Vote Required) (Board of Assessors)
GREAT FIELDS ROAD ENGINEERING SERVICES
ARTICLE 10: To see if the Town will vote to transfer from available funds the sum of
EIGHT THOUSAND AND 00/100 ($8, 000. 00) DOLLARS for purposes of obtaining the
necessary engineering services to prepare a roadway layout plan for portions of Great Fields
Road, and to further authorize the Town Administrator to solicit bids and / or proposals ,
enter into a contact or contracts and expend said funds for this purpose , or to take any
other action relative thereto .
(Majority Vote Required) (Board of Selectmen)
WATER TREATMENT PLANT CONSTRUCTION PROJECT
ARTICLE 11 : To see if the Town will vote to transfer the following sums of money:
a. Article No . 32 of the November 16, 1998 Fall Yearly Town Meeting
for replacement of the Telemetry Equipment $ 7 , 793 . 84
b . Article No . 11 (2d) of the May 1 , 2000 Annual Town Meeting
for Well No . 4 Pump Replacement $ 152732 . 99
c . Article No . 11 (2e) from the May 1 , 2000 Annual Town Meeting
for Well No . 4 Cleaning and Redevelopment $ 74967 . 19
Grand Total $31 , 494 . 02
to pay additional costs associated with engineering, design, constructing, originally
equipping and furnishing of a new water treatment facility for Well No . 4 in the Punkhorn
Parklands and all other costs incidental and related thereto , 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) (Water Commissioners)
BOULDER ROAD WATER MALNREPLACEMENT
ARTICLE 12: To see if the Town will vote to transfer from available funds a sum of
money to pay costs associated with engineering, design, materials and appurtenances,
installation and all other costs incidental and related thereto , for the installation of 725
feet, more or less , of 8" ductile iron water main long the length of Boulder Road 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) (Water Commissioners)
OPEN SPACE LAND ACQUISITION
ARTICLE 13: To see if the Town will vote to authorize the Board of Selectmen to
acquire two parcels of land which are designated on Brewster Assessors Map No . 47 , as a
portion of Parcel 26 and a portion of Parcel 27 , located behind 1607 Long Pond Road (Route
137) , in the Town of Brewster, Barnstable County, Massachusetts, which parcels are
further described in the deeds recorded at the Barnstable County Registry of Deeds in Deed
Book 9019 , Page 202 , consisting of approximately 8 acres, more or less ; to acquire both
parcels by gift, purchase or eminent domain taking under Massachusetts General Laws,
Chapter No . 79 , or any other enabling authority; to acquire said land for conservation ,
groundwater protection and passive recreation purposes; 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 B 33 , allowing conservation , groundwater protection, and passive
recreation uses within the meaning of 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 in anticipation of repayment by the receipt of future
monies collected in accordance with 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
and / or to borrow money pursuant to the provisions of the Massachusetts General Laws,
Chapter No . 44 , Section No . 7 (3) , and/ or any other enabling authority, and to issue bonds
and / or notes of the Town therefor; 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
property; or to take any other action relative thereto .
(Two-thirds Vote Required) (Open Space Committee)
TRANSFER OF LAND/AFFORDABLE HOUSING
ARTICLE 14: To see if the Town will vote to authorize the Board of Selectmen to convey
by deed , with appropriate affordable housing deed restrictions, to an income-qualified
Brewster family of low or moderate income , at a sales price not to exceed the current
maximum limit set forth in the Local Initiative Program Guidelines for Communities, a set
of guidelines promulgated by the Massachusetts Department of Housing, Communities and
Development (the "DHCH") , a parcel of town-owned property, and to authorize the Board of
Selectmen to accept a gift of construction services, including all labor, materials and
permitting costs, for the construction of a single-family residential dwelling to be
constructed on said property; to authorize the Board of Selectmen to negotiate and enter
into a construction contract for this purpose ; to authorize the Board of Selectmen to
negotiate and enter into a Purchase and Sales Agreement for this purpose ; to authorize the
Board of Selectmen to negotiate and enter into any necessary contracts with non-profit
organizations for services in connection with conducting an affordable housing lottery and
overseeing the construction process for this project; to appropriate and transfer from
available fund a sum of money to pay the non-profit organization for those services; 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
services of the non-profit organization; to authorize the Board of Selectmen to retain all
proceeds realized from the sale of the improved property for expenditure on future
affordable housing projects; or to take any other action relative thereto .
(Two-Thirds Vote Required) (Board of Selectmen)
AMENDMENT TO ZONING BYLAW/AFFORDABLE HOUSING
ARTICLE 15: To see if the Town will vote to amend the Code of the Town of Brewster,
Chapter 179 , also known as the Zoning Bylaws, Article I , "General Provisions" , Section 179 -
2 . , "Definitions ." , Sub- Section B . as follows:
AFFORDABLE ACCESSORY APARTMENT - a dwelling unit, controlled by a deed rider
for affordability as defined in the Affordable Accessory Apartment Bylaw, and allowed -
by Special Permit duly authorized by the Zoning Board of Appeals in accordance with
Section 179 -42 . 1 .
or to take any other action relative thereto .
(Two-Thirds Vote Required) (Board of Selectmen and the
Brewster Citizens for Affordable Housing)
AMENDMENT TO ZONING BYLAW/AFFORDABLE HOUSING j
ARTICLE 16: To see if the Town will vote to adopt a new section 179 -42 . 1 , to be known
as "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 apartment, incorporating up to a maximum of
two-bedrooms, per lot may be allowed by a fifteen ( 15) year, limited 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, or on commercial lots of
10 , 000 square feet or more of contiguous upland, if no change in the footprint
of the existing building is proposed . If a change in building footprint is
proposed, Affordable Accessory Apartments may be allowed within principal or
attached accessory structures on residential lots with 20 , 000 square feet or
more of contiguous upland.
2 . In order to create / lease 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 on a year-round basis, except for bona-fide
temporary absences , during which time the owner's unit is not rented . 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
providing proof that the Brewster address has been occupied by the owner or
manager for more than a 6-month period within the past year. 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
minimum fifteen ( 15) year deed-rider, which shall maintain a maximum rent
which can be charged, as defined in Subsections 9 & 10 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 Assessors .
4 . Except as prohibited by Massachusetts General Laws , Chapter 40A, Section 3 ,
Affordable Accessory apartments shall not be larger than a total of nine
hundred (900) square feet in area.
5 . For the first five years of this program, no more than thirty (30) 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 shall not be allowed in any
detached accessory structure ; provided , however, that apartments
existing in detached accessory structures prior to the enactment of
this bylaw may be permitted by Special Permit hereunder provided
no increase in the existing footprint of the structure is proposed .
13 . The Board of Selectmen shall adopt, after a duly advertised public hearing, fees
related to the administration of this bylaw.
14 . The Brewster Housing Authority, or another monitoring agent contracted by
the Town Administrator's Office, shall provide a written report to the Board of
Selectmen, no later than March 15 , 2007 , on the progress and status of this
program, so that adjustments to this bylaw may be suggested . Thereafter, for
the duration of this program, the Housing Authority or another monitoring
agent for this program contracted by the Town Administrator's Office , shall
provide an annual report on the progress of the program to the Board of
Selectmen .
or to take any other action relative thereto .
(Two-thirds Vote Required) (Board of Selectmen and the
Brewster Citizens for Affordable Housing)
AMENDMENT TO ZONING BYLAWS/AFFORDABLE HOUSING
ARTICLE 17: To see if the Town will amend Article IV, "Use Regulations" , Section 179-
11 , Table of Use Regulations, to include the following new wording under Sub-Section B . as
sub- section B . 3 . 2 , "Affordable Accessory Apartments", as follows :
R-R R-L R-M C-H V-B I MRD CT
3 . 2 . Affordable Accessory
Apartment S S S S S
or to take any other action relative thereto .
(Two-thirds Vote Required) (Board of Selectmen and the
Brewster Citizens for Affordable Housing)
AFFORDABLE HOUSING FUND
ARTICLE 18: To see if the Town will vote to authorize the Board of Selectmen to
petition the General Court of the Commonwealth of Massachusetts to enact the following
Special Legislation provided , that the General Court may reasonably vary the form and
substance of the requested legislation within the scope of the general public objectives of
this petition but only with the prior approval of the Board of Selectmen :
Affordable Housing Fund
Notwithstanding the provisions of any general or special law to the contrary,
the Town of Brewster may establish and maintain a special fund to be known as the
Affordable Housing Fund . Monies obtained through fines, restitution or damages
collected in connection with the administration of any local affordable housing bylaws
and programs may be deposited into the fund, as well as, monies obtained through
private and public gifts, contributions and grants, appropriations made by Town
Meeting, and payments in lieu of affordable unit "set-asides" and developer
agreement payments made pursuant to the provisions of Section 12 of the Cape Cod _
Commission Act, Chapter 716 of the Acts of 1989 .
The Town Treasurer of the Town of Brewster shall be the custodian of the fund
and may deposit proceeds in national banks or invest the same in securities as are
legal for the investment of funds of savings banks under the laws of the
commonwealth or in federal savings and loan associations situated in the
commonwealth . Any interest earned ori the fund shall be added to and become part
of the final fund .
Monies in the fund may be expended at the direction of the Board of Selectmen
without further appropriation for the purpose of promoting and expanding the
affordable housing inventory in the Town of Brewster, including costs and expenses
associated with research, acquisition , creation, construction, maintenance,
rehabilitation, program administration, and legal and engineering fees incurred in
connection with said purpose .
or to take any other action relative thereto .
(Majority Vote Required] (Board of Selectmen and the
Brewster Citizens for Affordable Housing)
AMENDMENT TO ZONING BYLAW/ACCESSORY BUILDINGS j
ARTICLE 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.
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.
or to take any other action relative thereto .
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING BYLAW/FOOT BRIDGES
ARTICLE 20: To see if the Town will vote to amend its zoning by-laws by adding the
following as subparagraph (8) after the Code of the Town of Brewster, Massachusetts ,
Chapter 179 , Article II , Section 179-6 , paragraph D , subparagraph (7) :
The building and use of footbridges, constructed or fabricated trails and walks,
stairways, docks and landings
or to take any other action relative thereto .
(Two-Thirds Vote Required) (Planning Board)
AMENDMENT TO ZONING ,BYLAW /COMMERCIAL AMUSEMENTS DEVICES
ARTICLE 21 : To see if the Town will amend Article IV, "Use Regulations" , Section 179-
11 , Sub- Section B . , under Retail and Service, of the Table of Use Regulations, to include
the following new wording " 34 . Commercial Amusement Devices" , as follows :
R-R R-L R-M C-H V-B I
(34) Commercial Amusement Devices, - - - S - S
Kiddie amusements
(mini golf, merry-go-round, slides, miniature cars , ferris wheels)
Major amusements
(go carts, carousels, fun houses, midget cars, bumper cars or boats, ferris
wheels, water flumes, batting cages)
Gravity amusements
(Installed on an inclined surface or which depend on gravity to convey persons from
the top to the bottom. )
Devices such as these , open to the public, by which persons are conveyed or
entertained in an unusual manner for diversion, cannot be located within 500 feet of
any residential district.
or to take any other action relative thereto .
(Two-Thirds Vote Required) (Planning Board)
I AMENDMENT TO THE SIGNREGULATIONS
ARTICLE 22: To see if the Town will vote to amend Chapter 179 , Section 20 . 5.
" Regulations for Specific Types of Signs" , subsection E, "Temporary Signs" , to include a new
subsection (5) to read , as follows :
(5) Town Event Signs . Up to one month in advance of and during Town-wide
celebrations declared by the Board of Selectmen or by vote of Town Meeting,
such as Brewster in Bloom, Christmas Prelude and the Town 's Bicentennial,
signs , banners , and flags not exceeding twelve ( 12) square feet, which have
been granted a special permit by the Zoning Board of Appeals, may be
displayed as a means of publicizing the event or events, provided their image
and / or content relates to the declared event. The Zoning Board of Appeals
shall solicit comment from the Old King's Highway Regional Historic District
Commission as part of their public hearing process if the sign, banner or flag is
proposed to be displayed within the historic district.
or to take any other action relative thereto.
(Two-thirds Vote Required) (Board of Selectmen)
ROAD .BETTERMENT FUND
ARTICLE 23:, To see if the Town will vote to transfer from available funds the sum of
NINETY-ONE THOUSAND AND 00/100 ($91 , 000. 00) DOLLARS, which sum had
previously been deposited into available funds from monies collected through private road
betterments, to add to the Road Betterment Fund , or to take any other action relative
thereto .
(Majority Vote Required) (Board of Selectmen)
PRIVATE ROAD BETTERMENT BORROWING
ARTICLE 24: To see if the Town will vote to authorize the Board of Selectmen to
petition the General Court of the Commonwealth of Massachusetts to enact the following
Special Legislation provided, that the General Court may reasonably vary the form and
substance of the requested legislation within the scope of the general public objectives of
this petition but only with the prior approval of the Board of Selectmen:
Private Road Betterment Borrowing
Notwithstanding the provisions of any general or special law to the
contrary, the Town of Brewster is hereby authorized to incur debt,
within the limit of indebtedness prescribed in Massachusetts
General Laws, Chapter 44 , Section 10 , for up to fifteen years, in
anticipation of reimbursement by private property owners via
betterments assessed pursuant to Massachusetts General Laws ,
Chapter 80 , Section 1 , et seq. , for repairs , including but not
limited to the grading, widening, resurfacing, and general
maintenance to private ways, and to undertake said repairs, all as
authorized by Town Meeting vote pursuant to the Private Road
Betterments Bylaw, Brewster Town Code, Section 157-20 , or to
take any other action relative thereto .
(Majority Vote Required) (Board of Selectmen)
PENSION FUND
ARTICLE 25: To see if the Town will vote to transfer from available funds the sum of
ONE HUNDRED THOUSAND AND 00/ 100 ($ 100,000. 00) DOLLARS to add to the Pension
Find, or to take any other action relative thereto .
(Majority Vote Required) (Board of Selectmen)
STABILIZATION FUND
ARTICLE 26: To see if the Town will vote to transfer from available funds the sum of
ONE HUNDRED AND FIFTY THOUSAND AND 00/ 100 ($ 150,000.00) DOLLARS to add to
the Stabilization Fund for this purpose , or to take any other action relative thereto .
(Majority Vote Required) (Board of Selectmen)
ANY OTHER BUSINESS
ARTICLE 27: 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 21St day of October, 2002. . n
Gregory c Ixvasseur, Chairman
Rob BBQ�, H--ii�rs�hman, Vice- Chairman
Steven ldr e , lerk
John C the °
Peter G . Norton
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 Fall Yearly Town Meeting of November 18,
2002 by posting attested copies thereof, in the following locations in the Town on the
day of October, 2002.
Brewster Town Offices
Brewster Farms
Brewster General Store
Brewster Ladies Library --
Brewster Pizza House
Millstone Liquors
U . S . Post Office
X15tlwel � -
Roland W. assett, Constable
to/Z57/Z