HomeMy Public PortalAbout2002-11-18 Special Town Mtg ReportReport of the
FALL YEARLY TOWN MEETING
November 18, 2002
In accordance with the warrant, the Fall Yearly Town Meeting was held in the Stonybrook Elementary
School Cafetorium, Monday, November 18, 2002.
The meeting was called to order at 7:00 p.m. by the Moderator, Stephen L. Doyle. The Tellers were Jean
Gage, Sheila Gerhardt, Ruth Hanlon, June Gallant, Althea Alling, and Ken Berbrick. The Checkers were
Mildred Unger, Gerry Tursi, Joan Mitchell, Maureen Steinmann, Germaine Cummings, Dorothy Leone,
Ann Golini, Elizabeth Hardy, and Sandra Joseph.
A quorum was present.
The Town Clerk, Joanna Krauss, read the Fall Yearly Town Meeting warrant and the return of the warrant.
There being no objection, the Moderator dispensed with the reading of the 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 83/100 ($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 4,116.40
TOTAL $ 4,564.83
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
MOTION: I move that the town vote to approve Article No. 1 as printed in the warrant and transfer the
sum of $302.77 from Free Cash and $4,262.06 from the Ambulance Receipts Reserved for Appropriation
account.
ACTION: ADOPTED UNANIMOUSLY
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 Ambulance 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 No. 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)
MOTION: I move that the town vote to approve Article No. 2 and transfer the total sum of $136,091.00 as
printed in the warrant for these purposes.
ACTION: ADOPTED UNANIMOUSLY
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-SEVEN AND 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)
MOTION: I move that the town vote to approve Article No. 3 as printed in the warrant and transfer the
sum of $247,720.96 from available funds for these purposes.
ACTION: ADOPTED UNANIMOUSLY
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 65,000.00
b.Post-Closure Landfill Monitoring Expense 37,500.00
c.Dump Truck Replacement 117,000.00
d.School Zone Signal Upgrade Project 8,000.00
e.Landscape Trailer Replacement 3,000.00
2 Fire Department
a.Repair Pump Equipment on the 1989 Engine 18,000.00
b.Repair Pump Equipment on the 1980 Engine 8,000.00
c Fire Station Repair Project 25,000.00
3 Golf Department
a.Greens Aerifiers (2 units) 26,000.00
b.Fairway Aerifier 22,000.00
c.Fairway Over Seeding Project 18,000.00
d.Cart Path Improvements 15,000.00
e.Deep-tine Aerification Service 8,500.00
4 Board of Selectmen
a.Technology Equipment Replacement 29,000.00
5 Elementary School Department
a.Stony Brook School Painting Project 25,000.00
b.Eddy School Painting Project 15,000.00
c.Technology Equipment 38,438.00
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 $773,638.00
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)
MOTION: I move that the town vote to approve Article No. 4 as printed in the warrant, however that,
• Item no. 1c ( DPW Dump Truck Replacement) be amended from the sum of $117,000.00 to
$94,700,
• Item no. 5d. (Stony Brook School Sound System Equipment) be amended from the sum of
$20,000.00 to $16,100.00,
• Item no. 5e (Eddy Field Rehabilitation Project) be amended from the sum of $31,000.00 to $0.00,
• Item no. 5f (Stony Brook Field Rehabilitation Project) be amended from the sum of $30,000.00 to
0.00,
And to appropriate the amended total sum of $686,438.00 for these purposes, and in order to appropriate
this amended total sum that the town transfer the sums of $553,538.00 from Free Cash, $89,500.00 from
the Golf Receipts Reserved for Appropriation Account, and $43,400.00 from the Ambulance Receipts
Reserved for Appropriation Account..
ACTION: ADOPTED UNANIMOUSLY
NAUSET INTERMUNICIPAL AGREEMENT/COMMITTEE MEMBERSHIP
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)
MOTION: I move that the town vote to approve Article No. 5 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
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)
AMENDED MOTION: The motion was made to insert Brewster Conservation Commission where Town
Administrator had been written.
ACTION: AMENDMENT DEFEATED
MOTION: I move that the town vote to approve Article No. 6 as printed in the warrant and to transfer the
sum of $30,000.00 from the Long Pond Gift Account for this purpose.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 7 as printed in the warrant and to transfer the
sum of $45,000.00 from the Overlay Surplus Account for this purpose.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 8 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION:I move that the town vote to approve Article No. 9 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 10 as printed in the warrant and to transfer
the sum of $8,000.00 dollars from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
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 $15,732.99
c. Article No. 11 (2e) from the May 1, 2000 Annual Town Meeting
for Well No. 4 Cleaning and Redevelopment $ 7,967.19
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)
MOTION: I move that the town vote to approve Article No. 11 and to transfer the total sum of $31,494.02
as printed in the warrant for this purpose.
ACTION: ADOPTED UNANIMOUSLY
BOULDER ROAD WATER MAIN REPLACEMENT
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)
MOTION: I move that the town vote to approve Article No. 12 as printed in the warrant and to transfer
the sum of $40,000.00 from the Water Revenue Account for this purpose.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 13 as printed in the warrant and the Board of
Selectmen is hereby authorized to acquire a portion of the land which is designated on Brewster Assessors’
Map No. 47, as Parcels No. 26 and 27, which parcels are further described in the deeds recorded at the
Barnstable County Registry of Deeds in Deed Book 9019, Page 202, and which comprises 8.0 acres, more
or less, located off Long Pond Road (Route 137) in the Town of Brewster, Barnstable County,
Massachusetts; that the Board of Selectmen is hereby authorized to acquire said parcels by gift, purchase or
eminent domain taking under Massachusetts General Laws, Chapter No. 79, or any other enabling
authority, 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”); that the sum
of $356,000.00 is hereby appropriated to pay for the cost of this acquisition, together with all other costs
incidental and related thereto; that to meet this appropriation, the town vote to transfer the sum of
$350,000.00 from the Land Bank Fund, and the sum of $6,000.00 be transferred from Free Cash for this
purpose; and the Board of Selectmen is hereby authorized to apply for, accept and expend any funds which
may be provided by the Commonwealth or any other source to defray a portion or all of the costs of
acquiring this property, and the Conservation Commission is hereby authorized to assume the care,
custody, control and management of this property.
ACTION: YES- 342 NO- 26
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)
MOTION: I move that the town vote to approve Article No. 14 as printed in the warrant, however that
the land to be transferred is identified as Parcels No. 9-6, 9-7, 9-8 and 9-9 of Map 51 of the Board of
Assessors’ Maps.
ACTION: YES-273 NO-120
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)
MOTION: I move that the town vote to approve Article No. 15 as printed in the warrant, except that the
words ”Deed Rider” be replaced with the words “use restriction, recorded at the Barnstable County
Registry of Deeds”, to remain consistent with article no. 16.
ACTION: YES- 290 NO- 37
AMENDMENT TO ZONING BYLAW/AFFORDABLE HOUSING
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.
b. Affordable Accessory Apartments shall be designed so as to be
compatible with existing site and neighborhood conditions and all other
local zoning except where specifically exempted herein.
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. A minimum of one (1) off-street parking space per Affordable
Accessory Apartment bedroom shall be required.
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, or
another monitoring agent contracted by the Town Administrator’s Office, 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 Housing Authority or another monitoring
agent for this program contracted by the Town Administrator’s Office, of the tenant’s
income. Occupancy of Affordable Accessory Apartments shall be restricted to two (2)
occupants for a studio-style or one-bedroom unit and restricted to four (4) occupants for a
two-bedroom unit. All occupants of an Affordable Accessory Apartment shall upon
initial application and annually thereafter, submit necessary documentation to the
Housing Authority or another monitoring agent for this program contracted by the Town
Administrator’s Office, to confirm their income. Specifically, Affordable Accessory
Apartments created under this provision shall only be rented to families or individuals
meeting the Brewster Housing Authority’s guidelines for low income households, in
accordance with the United States Department of Housing and Urban Development
(HUD). For purposes of this section, low income families shall have annual income of no
more than eighty percent (80%) of median income as reported in the most recent HUD
statistics for a family of the same size within the Brewster region.
10. Rents hereunder shall not exceed the maximum permitted under the then current
guidelines promulgated by the United States Department of Housing and Urban
Development (HUD).
11. Failure to comply with any provision of this bylaw shall result in revocation of the
Special Permit and/or fines as established in Brewster’s Zoning Code, Chapter 179,
Article X, “Administration and Enforcement”, Section 179-49. Rental of an Affordable
Accessory Apartment to a tenant who has not been income-qualified by the Housing
Authority shall result in a fine of not less than one hundred dollars ($100) levied as
damages upon the owner of the property for each day that said apartment is rented to a
tenant who is not income eligible. Further, rents collected from ineligible tenants shall be
confiscated by the Town for deposit in the Town’s Affordable Housing Fund and liens
for non-payment of such fines shall be placed on the property as damages, to protect the
ongoing purpose and intent of the Affordable Accessory Apartment program.
12. In accordance with Massachusetts General Laws, Chapter 40A , Section 9, the Zoning
Board of Appeals shall adopt, after a duly advertised public hearing, rules and regulations
further defining procedures related to the administration of this bylaw.
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)
MOTION: I move that the town vote to approve Article No. 16 as printed in the warrant, with the
following amendments:
1) That the words “Deed Rider”, as printed in section 2 and section 3, shall be replaced with the words
“Use Restriction, recorded at the Barnstable County Registry of Deeds”,
2) That the words “Building Inspector”, as printed in section 3 and section 8, shall be changed to
“Building and Zoning Commissioner”,
3) That all three references to “the United States Department of Housing and Urban Development”, or
“HUD”, in sections 9 and 10 be replaced “Massachusetts Department of Housing and Community
Development Local Initiative Program (LIP)”, and
4) That section 11, stipulating penalties for violation of the proposed bylaw, be replaced with the
following, more lenient wording: “Failure to comply with any provision of this bylaw may result in
fines as established in Brewster’s zoning code , Chapter 179, Article X, “Administration and
Enforcement”, Section 179-49.”
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 17 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
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 on 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)
MOTION: I move that the town vote to approve Article No. 18 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
AMENDMENT TO ZONING BYLAW/ACCESSORY BUILDINGS
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)
MOTION: I move that the town vote to approve Article No. 19 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 20 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 21 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
AMENDMENT TO THE SIGN REGULATIONS
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)
MOTION: I move that the town vote to approve Article No. 22 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 23 as printed in the warrant and to transfer the
sum of $91,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 24 as printed in the warrant.
ACTION: ADOPTED UNANIMOUSLY
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 Fund, or to take
any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION: I move that town vote to approve Article No. 25 as printed in the warrant and to transfer the
sum of $100,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
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)
MOTION: I move that the town vote to approve Article No. 26 as printed in the warrant and to transfer
the sum of $150,000.00 from Free Cash for this purpose.
ACTION: ADOPTED UNANIMOUSLY
ANY OTHER BUSINESS
ARTICLE 27: To act on any other business that may legally come before this meeting.
MOTION: There being no objection, a motion was made to adjourn the meeting