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Home My Public Portal About1971-02-11 Special Town Mtg Report REPORT OF SPECIAL TOWN TEETING February 11, 1971 In accordance with the Warrant, the meeting was held in the Brewster School Auditorium -at 7.30 p.m. The meeting was called to oder by the Moderator, Grant W. Koch. A quorum was declared to be present. Tellers were Paul C. Sylver, Gladys -Curtis- and Dorothy Grenier. The voters were checked in by the Registrars, Dorothea Dugan, and Jean. Gage. The return of the Warrant was read by the Town Clerk, Donald P. Consodine, with the exception of the articles, which were read as they were considered for action. There was a moment of meditation and prayer. The Moderator commended the Planning Board for their efforts, and gave a brief expanation of terminology and and phrases in the proposed new boning By-law. Unanimous consent was asked for--and granted --to elirhi-nate reading of the proposed changes'p Article to To see if the Town will vote to amend the Zoraing By-Taw of the Town of Brewster by adopting the "Prosed Zoning By-Icaw, January 1970 as set forth in a booklet of the same title, proposed by Metcalf & Eddy, Inc." , with changes recommended by the Planning-Boardb The following amendments were offered: 1. A motion to amend that the "P" under "G gft and 11P" under "C--S" (Table 1. Use Regulations, Residential) be removed. The motion did not pass 2. A motion was made that all designations "S" be deleted wherever they occur. Passed by band count: 128 Yes, 90 No 3. A motion to amend was made that the iTem on-line 5. Page 13 (Table 1. Use Regulations. Residential) be made to read "Trailer to be used for storage of construction :materials only, during the construction of a job on the same lot" Passed by -hand count: 164.Yes, 11 No, 4. A motion was made to amend the previous motion by adding "three months for a private dwelling" Passed on voice vote. 5. A motion to amend was made tha t;under item 51, Page 13, (Table 1. Use Regulations. Residential) there be 6 B1P"s. Passed on voice vote. 6. A motion to amend was made that, under item 7, Page 13': (Table 1. Use Regulations. Residential) the letter "P" be inserted under 11C-H11 and- "C-S". Did not pass. 7. A motion to amend was made that, under item 9. Page 13', (Table 1. Use Regulations. Residential) , the letter "P" be inserted under "R-M" . Motion withdrawn 8. A motion was made to amend Height, Page 4 (Section II, Ddfinitions) by adding after "the" and before "adjacent'. the wards "mean level ofthe". Passed on voice vote. 9. A motion to amend was made that, under item 9, Page 13, (Table 1. Use Regulations. Residential) the letter "21' be inserted under "R-1, R-M and C-H" . Passed by hand count vote: 80 Yes, 74 No. 10. A motion to amend Table 1. Use Regulations. Residential was made my adding a new item 10 on Page 13.: Recreational Camps for Children a R-R R-L R-TJ C H C-S _ 1 P P P P P P Passed on voice vote. 10A. A Motion to recosider the above failed to pass .on a hand count vote: Yes 66, No 71. 11. Amotion to amend was made: on item 6. Page 14, (Table 1, Use Regulations. Community Facilities) by adding the words "Police Station and. Fire Station" . Passed by voice vote. 12. A motion to amend was made that, on item 10 Page 14, (Table 1. Use Regulations. Community Facilities there be "S"s under 'TR R. R-L, R-BVI, and CH" , and that the word "non-profit" be deleted,, Passed on voice vote 13. A motion was made to amend Table 1, Use Regulations, Community Facilities by adding a new item 15 on Page 14. "A U. S. Post Office." R ::R R-L R-1VI C- C-S I Passed on S S S P S S voice vote 11A2 A motion was made -to add a new item 11 on page-13, _ (Table 1. Use Regulations. Residential. ) specifying "Non-Profit Housing for the .Elderly to be permitted in residential districts and that the minimum reouirementss fox use and lot size be no more than recuired for multi- family, cluster town house, or planned unit development" . Failed to pass. 14. A motion was made to amend item 7, page 14, (Table 1, Use Regulations, Community Facilities. ) by placing a "P" under "R-1 and R-M' Failed to pass. 15. A motion was made to amend item 12, page 14 (Table 1, Use Regulations, Community Facilities) to read: R-R R-1 R- I C-H C-S I - .. P P Passed by voice vote. 16. A motion was made to amend item 11, page 144, (table 1, Use Regulations, Community. Facilities) ,-by inserting the letter 'IS" in all categories. Failed to pass. 17. A motion wa.s .made to change item 11, page 14, (Table 1, Use Regulations, Community Facilities) ,-to change all the "p{Ts to blanks. Passed on a hand count vote: Yes 80, No 60. 17A. A motion was made to reconsider the above. Passed on a hand count vote: Yes 85, .No 51- 17B. A motion was made to add a new category 16, under Table 1. Use Regulations, Community Facilities, "Municipal Mater Tank" and to change the blank under "C-H" to "P" . Passed unanimously by voice vote. 17. Municipal Nater Tank R-R R-L R-Y C-H C-S I 13. A motion w--'s m--de to amend item 2, P-ge 15, (Table 1, Use Regulations, Agricultural) , by changing the "P"s under "tR-Ffi and R-L" to blank. Failed to pass. 19, A �notior_ was made to amend item. 5 on page 15, (Table 1,Use Reg. by placing an "S"' under "R-R" and to blank under. "R-In ,//Agricultural) Passed on voice vote. . 20. A motion was made to amend item 2 on page 16, (Table 1, Use Regulations, Retail and Service) , by eliminating the words "gift anal" . Failed to pass. 21. A motion was made to amend item 3 on page 16, (Table 1, Use Regulations, Retail and Service) , by changing the blank under "I" to "P". Passed on voice vote.' 22. A motion was made to amend item 6 on page 16, (Table 1, Use Regulations, Retail and Service) by chanking the "°t` under "R-Z) to "S" . Passed by hand count vote'p 23. A motion was made to amend item 7 on page 16, (Table 12 Use Regulations., Retail and Service) by changing the blank uder "R--R and R-W' to "S". Passed on a hand count vote, Yes 75, No 54. 24,_ A motion was made to amend item 10 on page 16, (Table 1, Use Regulations, Retail and Service) by changing the "P" under "R-M" to "S" ; Passed on voice vote. 25. A motion was made to amend item IG on page to, (Table' 1, Use Regulations, Retail and Service) by additLg the words, "Medical Center or Clinic" . Passed on voice vote. 26. A motion was made to amend item 18 On page 17, (Table' 1, Use Regulations, Retail and Service) by' changing the blanks- uder "R R, R-I, and R--V' to "S" . Passed on voice vote, 27, A motion was made to amend item 19 on page 17 , (Table 1., Use Regulations, Retail and Service) by changing all the blanks in all catergories to "S" . Passed on voice vote. 28. A motiom was mde to amend item 23 on page 17, (Table 1, Use Regulations, Retail !nnd Service) to change all the blanks in all catergories to "S" . Passed by hand count, Yes 74, No 68. 29, A motion was made to amend the wording of item. 23 page 17, (Table 1, Use Regulations, .Ret�.il and Service by changing the word's "land or" to "any" . Passed on voice vote. 30. A motion was made to reconsider the action taken on amending the change on item 23, page 17 (29 above) . Failed to pass on voice vote. 31. A motion was made to amend item 24, page 191 (Table 1, Use Regulations, Retail and Service) by changing the blanks in all categories to "S" . Passed on voice vote. The meeting was adjourned at 10:48 p.m. until Friday even- ing, February 12, at 7:30 p.m. at the same location. Friday, February 12, 1971. The adjourned meeting was called -to order at 7:30 p.m. ; by the moderator. The of'f'icers were the same as the previous evening, with the exception of Jean gage, who was unable to be present. There was ' a quorum. 32. A motion was made to amend items, 23 on page 16 (Table 12 Use Regulations, Retail and Service) by deleting the "S" in all categories. Failed to pass on voice vote. 33, A motion was made to amend item 1, page 15, (-able 1 Use Regulations, Retail and Service) to include in the title, the words "pharmaceuticals and medical supplies. Passed voice vote. . . 34. A motion to reconsider iter. 7 on page 13 (Table 1, Use Regulations, Residential) failed to pass. 315% A motion was made to amend iters 1, page 17 (Table 1, Use Regulations, Wholesale and 1109-n-'zfa'cturing) to restore the ITS" i.n 11R.-Rt4 , and the "P" in all other categow ies. Failed to pass on voice vote. - re- 36• A motion was made to/amend item 1,, page 17, (Table 19 Use Regulations, Wholesale and Manufacturing) to read as f ollows R R R I R-D� C;-YL C-S I S S" S .» -- P Fussed by voice vote. 37. A .motion was made that the entire plan be tabled, and that the Planning Board, the Board of Selectmen, and six citizens to be appointed by the Moderator form a, com- mittee to consider new action. (2/3 vote required) Failed to .pass on hand count vote Yes 42, No 83. 38. A motion was made to amend item 3 on page 18 (Table 19 Use Regulations, Wholesale and Manufacturing) to replace the blanks in "R R, R-L and R-TV categories with "S and to add . "P" under "I" . Passed by voice .vote. 39. A motion to reconsider failed to pass. 40. A motion was made to amend item 9 on page 18 (Table 1. Use Regulations. Wholesale and Manufacturing) by putting an `S" under "R PL". Passed on voice vote. 41. A motion. -was made to reconsider iter 1 on Page 13;. Passed by voice vote, 42. A motion was made to amehd item 1, on Page 13' (Table 12 Use Regulations. Residential) by removing the "P" from the "C-H and C-S"' categories. Passed on voice vote. 43. A"moti.on was made to amend Section V, Use Regulations, by adding a new section. "E" as follows on page 12 "No premises in the Town of Brewster shall be used for the following purpose: " --Residing in (i.e. occupying) any tent, trailer, or inhabitable mobile unit, except in an existing trailer park or" camp" Passed by unanimous voice vote. 44. An amendment was offered and then ti.thdrawn. 45a A motion was made ' to amend Table 3 (page 23 ) Height aAd Bulk Regulations of Section VI (Area, Height -and Bulk Reg- ulations) to add in DIinimum residential net f2 oor area (sq ft) column under "CR and C-25"categories"768 (so ft) where used for home -accupied business. Passed by voice vote. 46. A motion to amend was then' offered and withdrawn. 47. A motion was made to amend under Section X (page 35) Special Regulations, Section B, item 2, by adding the f ollow- ing: "A second plat plan shall be prepared for the entire tract showing the number ofhouses which. could be developed ur_deranormal application requirements for the district." Passed on voice vote. 48, A motion was made to amend Section X. section 'B, Cluster Residential Developments, item I'f" by adding the words "or R=R in between .the words "reouirements of the R-L, and R-M district" and add "respectively" after the word "district''. Passed on voice vote. 4Q. :A motion was made 'to amend Section X, section B Cluster -Residential Developments, item "h" , to change the "10" to "20" percent of the total area tract4 Passed on void vote. 5O. A motion was made to amend Section_ X, , section `C. Planned Unit Developments, item "h" (page `38) to elim- inate the words "but not in a residential type of structure',' Passed on voice vote, 51. A motion was made to amend Section X, section. C, Planned �Unit Developments, item "m", (page 39) as .fol- lows: "m.""Restaurant with seating capacity of not more than 125 persons provided.. the Planned Unit Development contains 75 acres or morePasses on hand count vote, Yes 82, No 24. 52. A motion was made to amend item 7, on paWe 13 (Table 19 Use Regulations. Residential) by taking the P'r out of "R-1 and R-W' . Failed to pass on a hand count, Yes 31, No 80. - 53. A motion was made to take up the items on page 382 (C. Planned Unit Developments) item 5, 6ne at a time, Failed to pass on voice vote, 4. A motion was made to amend Section X. subsection C. Planned Unit Developments, item ."n." (page 39) as follows: "Stores of 2000 square feet or less of gross floor area per establishment primarily serving the local retail needs of the residents, provided the planned unit development contains 75 acres or more sed on voice vote. 55. A motion. was made to amend Section X. C. Planned Unit Developments, Paragrahp 6, sub-miction "o" by adding the word "enclosed" before "theater" . Passed on voice vote. 56. A motion was made to amend Section X. D. Planned Unit Developments ; Home Occupations, to eliriinate the words- "the principal building and after the word "within" add the words "the brailding on the premises". Passed by voice vote. 57. A motion was made to amend Section X. Planned Unit Developments D, Home Occupatioifs, by adding after the words "net floor area" , the words "of the principal building. Passed on voice vote. 58, A motion was made to amend Section X. Planned Unit Developments, H. Manufaet-uring to eliminate the wording- after public health and safety." Passed on voice vote. 59. A motion was made to amend Section X, Planned Unit Develo,Dments C item 8 to change the set back from the street from °�10' feet to "20" feet. ('Line 3) o Passed on voice vote. 60. A motion was made to amend Section VII. Signs. B. Signs Permitted in any "R" District, item 1, by adding the sentence "Quarter boards not to exceed 6 square feet in area may be used." kissed on voice vote. 61. Withdrawn. 62.. A motion was made to amend Section VII. Signs, B. Signs permitted in Any "R" District. add a new sub -section "6o Historical. and Conservation Markers." Passed' on voice vote. 63. A motion was made to amend Section V11 Signs F. Gen eral Sign Provisions by adding a new item )15. Protective signs permitted in all areas, Sign area not to exceed 2 square feet." Passed by voice vote. 64. A motion was made to amend Table 2. Area Regulations, (Page 20) to read as follows: "R-R District area, 30s,000 square _feet, plus; '17:.000 for one extra unit, lot- frontage 135 feet, front yard, 40 feet, side yards 25 feet; R-y district area, 22,500 square feet, plus 14,000 'f or one extra unit, lot frontage 325 feet, front yard 35 feet, side yards 25 feet; "and Table 3, Bulk and Height Regulat- ions R=R District, maxin?um building coverage of lot, 20�', and R--1, District 22%. Failed to pass on voice vete. 65. A motion was made to change a word in section X2, Administtation and Enforcement, Section X. Variances, to change in line 8 "and" between "appellant" and "where" to "or" . Passed on voice vote, 66.A motion was made to amend Section VIT, Signs, -ab-heading C,, item 5, that the words "at least 15 feet from` be changed to read "at least 5 feet from.n' Passed on voice vote. 67. A motion was made to amend Section X, Special Reg- ulations, sub-heading Do Home Occupations, .tem 4, that 143, square feet" be changed to read "4 square fent. Passed 'on voice vote. Article 1 was then voted as amended by ballot vote. (2/3 vote 'rewired) -Y'es 97, No 33. Article 2. To see if the Town will vote to appropriate from the Road Machinery General Fund the sum of Seventy Two 'Hundred Fifty dollars W.,250.00) to purchase a Town Dump truck and authorize the Selectmen to trade in the old-Dump Truck, usirig the allowance towards the purchase. VOTED -unanimously that the Town appropriate from the Road Machinery General! Fund the sum of Seventy Two Hundred Fifty Dollars ($7,250.003) to purchase a Town Dump Truck and authorize the Selectmen to trade in the old Dump Truck using the allowance towards the purchase. J Article 3. To see if the Town will vote to rare and appropriate the sum of Four Hundred Thirt Dollars ($430.00) to purchase a copying machine. VOTED unanimously that the Town raise and a propriate the sum of Four Hundred Thirty Dollars ($430.00 to purchase a copying machine. Article 4. To see if the Town will authorize the Selectmen to sell the old copying machine. VOTED unanimously that the Selectmen be authorized to sell the old copying machine. Article 5. To see if the Town will vote to erect and main- tain a street light on pole #117/5 on Russellts Path. VOTED unanimously that the Town erect and maintain a street light on pole #317/5 on Russells Path. Article 6. To act on any other business that may legally come before this meeting, Therebeing no other business, it was voted to adjourn at 11 ofclock. A true copy ATTEST: Donald P. Consodine, Town Clerk