HomeMy Public PortalAbout2000-11-20 Special Town Mtg ReportReport of the
FALL YEARLY TOWN MEETING
NOVEMBER 20, 2000
In accordance with the Warrant, the Fall Yearly Town Meeting was held in the
Stonybrook Elementary School Cafetorium, Monday November 20, 2000.
The Meeting was called to order 7:00 p.m. by the Moderator, Stephen L. Doyle.
The tellers were, Jean Gage, Sheila Gerhardt, Ruth Hanlon, June Gallant, Ken
Berbrick, Althea Alling. The Checkers were, Elizabeth Hardy, Janet Norton, Nancy
Berbrick, Jane Nixon, Toni Mara, Ann Golini, Dorothy Leone, Germaine
Cummings,and Mitzi Unger.
A quorum was present.
The Town Clerk, Joanna Tabbutt, read the Fall Yearly Town Meeting Warrant and
the return of the Warrant. There being no objection, the Moderator dispensed
with the reading of all the articles.
UNPAID BILLS
ARTICLE 1: To see if the Town will vote to transfer from available funds
the sum of NINETEEN HUNDRED AND SEVENTEEN AND 00/100 ($1,917.00)
DOLLARS to pay the following unpaid bills incurred but unpaid during a previous
fiscal year:
Town Clerk’s Office Staff Wages $214.00
Community Newspaper Company 284.00
Best Supply Company 646.00
LHS Associates, Inc. 627.00
H. H. Snow & Sons, Inc. 75.00
Arthur Hannigan 71.00
TOTAL $ 1,917.00
or to take any other action relative thereto.
(Nine-Tenths Vote Required) (Board of Selectmen)
SAND RIGHTS
ARTICLE 2: To see if the Town will vote to authorize the
Conservation Commission and the Board of Selectmen, for no consideration, to
abandon or to convey to Brian Sheehan and Louanne Colombo all of the Town’s
rights, reflected in a deed dated August 6, 1981, and recorded with the
Barnstable County Registry of Deeds, Book No. 3338, Parcel No. 106, to take
sand, and to pass and repass over the parcel shown on the Board of Assessors’
Map No. 22, Parcel No. 26-1, or to take any other action relative thereto.
(Two-Thirds Vote Required) (Board of Selectmen and ConservationCommission)
ARTICLE 3: To see if the Town will vote to authorize the Board of
Selectmen to accept a drainage easement from the James J. Mulligan Revocable
Trust on land identified within Parcel No. 15 of Map No. 4 of the Board of
Assessors’ Maps, or to take any other action relative thereto.
(Majority Voted Required) (Board of Selectmen)
COMMONWEALTH ELECTRIC COMPANY UTILITY EASEMENT
ARTICLE 4: To see if the Town will vote to authorize the Board of
Selectmen to grant the Commonwealth Electric Company an easement to install
and maintain an underground electric system on Town-owned property in order
to provide service to the new Brewster Police Station, located on Route 124, or
to take any other action relative thereto.
(Two-Thirds Vote Required) (Board of Selectmen)
RESCISSION OF DEBT AUTHORIZATION
ARTICLE 5: To see if the Town will vote to rescind the authority
to issue the following unissued balances of authorized bonds or notes pursuant
to the votes adopted under the following articles and to the extent not previously
exercised:
a) Article No. 13 of the November, 1998 Fall Town Meeting
$16,000.00 - Blueberry Pond Drive Road Betterment
b) Article No. 45 of the May, 1999 Annual Town Meeting
$15,000.00 - Beach Plum Lane Road Betterment
or to take any other action relative thereto.
(Majority Vote Required) (Town Treasurer/Collector)
MOTION : I move that the Town vote to approve Articles No. 1,2,3,4, and 5 as
printed in the Warrant and to transfer the sum if $1,917.00 from Free Cash for
these purposes.
ACTION: ADOPTED
BUDGETARY TRANSFERS
ARTICLE 6: 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 2001 budget of other departments, as follows:
a) Transfer the sum of $20,000.00 from the Ambulance Receipts
Reserved for Appropriation Account to Fire Department Wages (Line
Item No. 26 of Article No. 6 of the 2000 Annual Town Meeting),
b) Transfer the sum of $3,500.00 from the Ambulance Receipts Reserved
for Appropriation Account to Fire Department Expenses (Line Item No.
26 of Article No. 6 of the 2000 Annual Town Meeting), and
c) Transfer the sum of $1,600.00 from Town Administrator’s Wages (Line
Item No. 4 of the 2000 Annual Town Meeting) to Council on Aging
Wages (Line Item No. 35 of the 2000 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. 6 as printed in the
warrant and to transfer the sums of $1,600.00 from the town administrator’s
wages (Line Item No. 4 of Article No. 6 of the 2000 Annual Town Meeting) and
$23,500.00 from the Ambulance Receipts Reserved for Appropriations account
for these purposes.
ACTION: ADOPTED UNANIMOUSLY
CAPITAL EXPENDITURES
ARTICLE 7: 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 2001 and to
authorize the Town Administrator to sell, trade, lease, exchange or otherwise
dispose of, in the best interest 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 service as the case may be:
MOTION: I move that the Town vote to approve Article No. 7 as printed in the
Warrant,
and to appropriate the total sum of $708,800.00 for these purposes, and in order
to appropriate this total sum that the Town transfer the sums of $351,300.00
from free cash, $50,000.00 from item 3c (heavy brush fire and tanker vehicle) of
Article No. 13 of the may 1999 Annual Town Meeting, $84,500.00 from water
revenues, $108,000.00 from the Golf Receipts Reserved for Appropriation
account, and $115,000.00 from the Ambulance Receipts reserved for
Appropriation account for these purposes.
ITEM TRANSFER FROM
N0.1 DEPARTMENT AVAILABLE FUNDS
Board of Selectmen
a. Drummer Boy Park Building Repairs 10,000.00
b. Town Offices Annex Building Repairs 25,000.00
c. Cemetery Construction Project 12,000.00
Sub-total $47,000.00
MOTION: I move that the Town vote to amend the main motion to delete Item
No. 2a (Pick-Up Truck Replacement 2x2) in the amount of $20,000.00.
ACTION : ADOPTED UNANIMOUSLY
MOTION: I move that the Town vote to amend the main motion to delete Item
No. 2c (Vacuum Excavation Trailer Equipment) in the amount of $33,000.00.
ACTION: ADOPTED UNANIMOUSLY
No.3 Department of Public Works
a. Tire Replacements Project 12,700.00
b. Roadside Mowing Tractor Repairs 3,000.00
c. Zero Radius Mower Equipment 7,500.00
d. Road Tractor Repairs 3,000.00
Sub-total $26,200.00
No.4 Fire Department
a. Ambulance Replacement 115,000.00
b. Heavy Brush Vehicle Rehabilitation 50,000.00
c. Fire Station Design Services 52,000.00
Sub-total $217,000.00
MOTION:I move that the Town vote to amend the main motion to amend item
No. 4c (Fire Station Design Services) from the sum of $52,000.00 to $10,000.00.
for the purposes of conducting a site survey and any environmental testing
required.
ACTION : ADOPTED UNANIMOUSLY
No. 5 Golf Department
a. Cart Path Paving Project 25,000.00
b. Fairway Overseeding Project 18,000.00
c. Triplex Tee & Approach Mower 20,000.00
d. Rough Gang Mower Replacement 45,000.00
Sub-total $108,000.00
6. Board of Assessors
a. Mapping System Update Project 10,000.00
Sub-total $10,000.00
7. Recreation Department
a. Recreation Building Feasibility Study 25,000.00
Sub-total $25,000.00
MOTION: I move that the Town vote to amend the main motion to delete Item
No. 7a (Recreation Building Feasibility Study) in the amount of $25,000.00.
ACTION: ADOPTED UNANIMOUSLY
8. Eddy Elementary School
a. School Painting Project 8,000.00
b. Recreational Fields Irrigation System 31,000.00
Sub-total $39,000.00
MOTION: I move that the Town vote to amend the main motion to delete Item
No. 8b (Recreation Fields Irrigation System) in the amount of $31,000.00.
ACTION: ADOPTED UNANIMOUSLY
No.9 Stony Brook Elementary School
a. Intercom System Replacement 20,000.00
b. Technology Upgrade Project 83,100.00
c. Telephone System Replacement 15,500.00
d. Recreational Fields Rehabilitation Project 30,000.00
Sub-total $148,600.00
Grand-Total $708,800.00
MOTION : I move that the Town vote to amend the main motion to delete Item
No. 9d (Recreational Fields Rehabilitation Project) in the amount of $30,000.00.
ACTION: ADOPTED UNANIMOUSLY
MOTION: I move that the Town vote to amend the main motion to delete Item
No. 9b (Technology Upgrade Project) in the amount of $21,100.
ACTION: YES – 221
NO - 164
MOTION: I move that the Town vote to amend the main motion to appropriate
the total sum of $465,800.00 for these purposes, and in order to appropriate this
total sum that the town transfer the sums of $161,300.00 from free cash,
$50,000.00 from Item No.3c (Heavy Brush Fire and Tanker Vehicle) of Article No.
13 of the May 1999 Annual Town Meeting, $31,500.00 from water revenues,
$108,000.00 from the golf receipts reserved for Appropriation account, and
$115,000.00 from the Ambulance Receipts Reserved for Appropriation account
for these purposes.
ACTION: ADOPTED UNANIMOUSLY
BICENTENNIAL COMMITTEE REPORT
ARTICLE 8: To act upon the report of the Bicentennial Committee,
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. 8 as printed in the
Warrant.
ACTION : ADOPTED UNANIMOUSLY
SEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE 9: To see if the Town will vote to transfer from available
funds a sum of money to be used to meet the terms and conditions of the
proposed collective bargaining agreement, effective July 1, 2000, between the
Town of Brewster and the Service Employees International Union, Local 254, 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. 9 as printed in the
Warrant and to transfer the sum of $40,000.00 from free cash for this purpose.
ACTION : ADOPTED UNANIMOUSLY
OPEIU COLLECTIVE BARGAINING AGREEMENT
ARTICLE 10: To see if the Town will vote to transfer from available
funds a sum of money to be used to meet the terms and conditions of the
proposed collective bargaining agreement, effective July 1, 2000, between the
Town of Brewster and the Office and Professional Employees ’ International
Union, Units A & B, 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 $29,000.00 from free cash for this purpose.
ACTIOIN : ADOPTED UNANIMOUSLY
IAFF COLLECTIVE BARGAINING AGREEMENT
ARTICLE 11: To see if the Town will vote to transfer from available
funds a sum of money to be used to meet the terms and conditions of the
proposed collective bargaining agreement, effective July 1, 2000, between the
Town of Brewster and the International Association of Firefighters, or to take any
other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION : I move that the Town vote to indefinitely postpone consideration of
Article No. 11.
ACTION : ADOPTED UNANIMOUSLY
BREWSTER TOWN BAND FUNDING
ARTICLE 12: To see if the Town will vote to authorize the Board of
Selectmen to enter into a contract with the Brewster Town Band in order to
obtain instrumental performances for the Town, to transfer the sum of ONE
THOUSAND AND 00/100 ($1,000.00) DOLLARS from available funds and to
authorize the expenditure of these 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. 12 as printed in the
Warrant and to transfer the sum of $1,000.00 from free cash.
ACTION : ADOPTED UNANIMOUSLY
BREWSTER LADIES LIBRARY SALARY EXPENSE
ARTICLE 13: To see if the Town will vote to transfer from available
funds the sum of FOUR THOUSAND NINE HUNDRED AND TWENTY-EIGHT AND
00/100 ($4,928.00) DOLLARS, which will be applied to defray an increase in
wages for the Technical Assistants and the Adult Services Librarian for the period
of January 1, 2001 through June 30, 2001, or to take any other action relative
thereto.
(Majority Vote Required) (Brewster Ladies Library Association)
MOTION : I move that the Town vote to approve Article No. 13 as printed in the
Warrant and to transfer the sum of $4,928.00 from free cash for this purpose.
ACTION : ADOPTED UNANIMOUSLY
REPAIR AND RESURFACE TOWN ROADS UNDER THE STATE’S
CHAPTER 90 PROGRAM
ARTICLE 14. To see if the Town will vote transfer from available
funds the following sums of money made available as provided under the
Chapter 90 local road and highway program from the Commonwealth of
Massachusetts, said funds shall be expended to repair and resurface certain
Town roads and their appurtenances under the direction of the Board of
Selectmen:
1. Chapter 53B of the Acts of 1999 $82,642.56
2. Chapter 150 of the Acts of 2000 $82,642.56
Total $165,285.12
or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION : I move that the Town vote to indefinitely postpone consideration of
Article No. 13.
ACTION : ADOPTED UNANIMOUSLY
WATER BETTERMENT FOR SEARS ROAD
ARTICLE 15: To see if the Town will vote to authorize the Board of
Selectmen to acquire by gift, by purchase, or by eminent domain all water
easement rights needed to install a water main with a six inch (6”) pipe along
approximately 610 feet on Sears Road from Ellis Landing Road; to authorize the
Board of Water Commissioners to install such a water main in this fashion after
the Water Commissioners have determined that the requirements of the
Brewster Water Betterment Assessment Program have been satisfied; to transfer
from available funds a sum of money to defray the initial costs of this project; to
authorize the Town Treasurer, with the approval of the Board of Selectmen, to
borrow the sum of TWENTY-SIX THOUSAND AND 00/100 ($26,000.00) DOLLARS
under and pursuant to Massachusetts General Laws Chapter 44, Section 8 and
any other enabling authority and to issue notes and bonds of the Town therefor
in order to finance the total cost of acquisition, engineering, construction,
reconstruction, and all related and incidental expenses; to transfer from available
funds a sum of money for the purpose of paying interest on the notes issued in
anticipation thereof; to assess betterments in accordance with the Brewster
Water Betterment Assessment Program; and to transfer from available funds
raised through the betterment assessment of abutting landowners the sums
needed to pay the Town’s costs and expenses for this project, or to take any
other action relative thereto.
(Two-Thirds Vote Required) (Water Commissioners)
MOTION: I move that the Town vote to approve Article No. 15 as printed in
the Warrant and to authorize the Board of Selectmen to acquire by gift,
purchase, or by eminent domain all water easement rights needed to install a
water main with six inch (6”) pipe along approximately six hundred ten feet
(610’) on Sears Road from Ellis Landing Road in the Town of Brewster; that the
Board of Water Commissioners is hereby authorized to extend this water main in
this fashion after the water commissioners have determined that the
requirements of the Brewster Water Betterment Assessment Program have been
satisfied; that to finance the costs of this water main extension project, including
the cost of acquiring the aforesaid easement, and the payment of all costs
incidental and related thereto, the Town Treasurer, with the approval of the
Board of Selectmen, is hereby authorized to borrow the sum of Twenty-Six
Thousand and 00/100 ($26,000.00) Dollars under and pursuant to Chapter 44,
section 8 of the Massachusetts General Laws, or any other enabling authority,
and to issue bonds or notes of the Town therefor; and that the sum of One
Thousand Five Hundred and 00/100 ($1,500.00) dollars is hereby transferred
from free cash for the purpose of paying interest on any notes issued in
anticipation of bonds to be issued pursuant to the terms of this vote and also for
the payment of all other costs and expenses of the Town incurred in connection
with this project.
ACTION : YES – 359
NO - 3
PURCHASE OF STREET LIGHTS
ARTICLE 16: To see if the Town will vote to transfer from available
funds a sum of money to purchase from the Commonwealth Electric Company, in
accordance with the Massachusetts General Laws Chapter 164, Section 34A,
street lights and related equipment, located within the Town that are presently
owned by said Company and to authorize the Board of Selectmen to take any
necessary steps to complete such purchase, 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. 16 as printed in the
Warrant and to transfer the sum of $4,000.00 from Free Cash for this purpose
ACTION : ADOPTED UNANIMOUSLY
OPEN SPACE LAND ACQUISITION
ARTICLE 17: To see if the Town will vote to authorize the Board of
Selectmen to acquire the land, which is designated on the Board of Assessors’
Maps No. 99, Parcels No. 007, 039, 040 and 041, by purchase or by an eminent
domain taking under Massachusetts General Laws, Chapter 79 and any other
enabling authority for use as open space; to appropriate a sum of money to pay
for land acquisition, tax awards, financing, and other costs incidental and related
thereto; to authorize the Board of Selectmen to apply for, accept, and expend
any funds which may be provided by the Commonwealth of Massachusetts or
some other source to defray a portion or all of the costs of acquiring this
property; and to authorize the Board of Selectmen to assume the care, custody,
control and management of this 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. 17 as printed in the
Warrant.
ACTION: ADOPTED UNANIMOUSLY
OPEN SPACE LAND ACQUISITION
ARTICLE 18: To see if the Town will vote to authorize the Board of
Selectmen to acquire the land, which is designated on the Board of Assessors’
Map No. 37, Parcel No. 18, by purchase or by an eminent domain taking under
Massachusetts General Laws, Chapter 79 and any other enabling authority for
use as open space; to appropriate a sum of money to pay for land acquisition,
tax awards, financing, and other costs incidental and related thereto; to
authorize the Board of Selectmen to apply for, accept, and expend any funds
which may be provided by the Commonwealth of Massachusetts or some other
source to defray a portion or all of the costs of acquiring this property; and to
authorize the Board of Selectmen to assume the care, custody, control and
management of this 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. 18 as printed in the
Warrant and to transfer the sum of $3,800.00 from land bank fund for this
purpose.
ACTION : ADOPTED UNANIMOUSLY
OPEN SPACE LAND ACQUISITION
ARTICLE 19. To see if the Town will vote to authorize the Board of
Selectmen to purchase the property described herein for a purchase price not to
exceed ONE MILLION EIGHT HUNDRED AND 00/100 ($1,800,000.00) DOLLARS;
to authorize the Town Treasurer, with the approval of the Board of Selectmen, to
transfer from available funds and/or to borrow, under the authority of Section 7
of Chapter 293 of the Acts of 1998, entitled “An Act Relative to the Establishment
of the Cape Cod Open Space Land Acquisition Program,” and any other enabling
authority, a sum not to exceed ONE MILLION ONE HUNDRED AND 00/100
($1,100,000.00) DOLLARS; to issue notes and bonds of the Town therefor; to
authorize the Board of Selectmen to expend these funds for the acquisition of
the land described as follows: Lots 2, 3, 4, 5, and 7 shown on the “Long Pond
Landing, Brewster, MA, Preliminary Grid Subdivision by Eastward Companies,
Inc.” (on file at the Planning Board office and representing a proposed division of
the land designated on Brewster assessors’ Map 48 as Parcel 8); to provide,
however, that no funds shall be borrowed by the Town Treasurer for this
purchase until the Town Treasurer first obtains from the Board of Selectmen a
determination that the Town has received no less than a total of $700,000.00 in
contributions for this purchase from the Brewster Conservation Trust, from the
Massachusetts Audubon Society, and/or from all other sources; to appropriate
and transfer from available funds a sum of money for the issuance and
marketing of notes and bonds, the payment of interest, and the payment of
incidental expenses relative thereto; to authorize the Board of Selectmen and/or
the Open Space Committee to apply for funds and grants to assist with this land
acquisition but, for all funds received beyond $700,000.00, to reduce by such
sums the amount of borrowing so authorized; to authorize the Board of
Selectmen to grant to the Brewster Conservation Trust for the land to be
acquired a perpetual conservation restriction issued under Massachusetts General
laws Chapter 184, Section 31 through 33; and, except for any issued notes
and/or bonds, to terminate the authorization conferred by any vote rendered
under this Article unless the land has been acquired or has been made the
subject of an executed purchase and sale agreement by June 30, 2001 or any
later date fixed by a subsequent Town Meeting vote; or to take any other action
relative thereto.
(Two-Thirds Vote Required) (Open Space Committee)
MOTION : I respectfully move the Town to vote to authorize the Board of
Selectmen to purchase for conservation, open space, and passive recreation
purposes the property described herein for a purchase price not to exceed One
Million One Hundred Thousand and 00/100 ($1,100,000.00) Dollars; to authorize
the Treasurer, with the approval of the Board of Selectmen, to transfer from
available funds and/or to borrow, under the authority of Section 7 of Chapter
293 of the acts of 1998 entitled, “An Act Relative to Establishment of the Cape
Cod Open Space Land Acquisition Program,” and any other enabling authority, a
sum not to exceed Eight Hundred and Fifty Thousand and 00/100 ($850,000.00)
Dollars and transfer the additional sum of Two Hundred and Fifty Thousand and
00/100 ($250,000.00) Dollars from the Land Bank Fund; to issue notes and
bonds of the Town therefor; to authorize the Board of Selectmen to expend
these funds for the acquisition of the land which is currently described as
follows: lots 2, 3, 4, 5 and 7 and the way shown on a plan entitled, “Long Pond
Landing, Brewster, Ma., Preliminary grid subdivision by Eastward Companies,
Inc.” (which is on file at the Planning Board Office and which represents a
proposed division of the land designated on Brewster Assessor’s Map 48 as
Parcel 8) but which may be slightly altered in extent or configuration during the
subdivision process; to appropriate and transfer from the Land Bank Fund the
sum of Sixty-Eight Thousand Five Hundred and 00/100 ($68,500.00) Dollars for
the issuance and marketing of notes and bonds, the payment of interest, the
payment of legal expenses and closing costs, and the payment of all incidental
expenses relative thereto; to authorize the Board of Selectmen and/or the
Conservation Commission and/or the Open Space Committee to apply for funds
and grants to assist with this land acquisition; to authorize the Board of
Selectmen to grant to the Brewster Conservation Trust for the land to be
acquired a perpetual conservation restriction issued under Massachusetts General
Laws Chapter 184, Section 31 through 33 and in accordance with section 3 of
Chapter 293 of the Acts of 1998; and, except for any issued notes and/or bonds,
to terminate the authorization conferred by any vote rendered under this article
unless the land has been acquired or has been made the subject of an executed
purchase and sales agreement by June 30, 2001 or any later date fixed by a
subsequent town meeting.
ACTION : YES – 184
NO - 128
CEMETERY COMMISSION
ARTICLE 20: To see if the Town will vote to ask the Board of
Selectmen to appoint a Cemetery Commission with three (3) members having
staggered three (3) year terms and to ask the Selectmen to place on the ballot
for the next annual town election the question, “Shall the Town vote to have its
Selectmen appoint Cemetery Commissioners 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. 20 as printed in the
Warrant.
ACTION : ADOPTED UNANIMOUSLY
AMENDMENT TO TOWN CODE/BARKING DOGS
ARTICLE 21: To see if the Town will vote to amend the Code of the
Town of Brewster, Massachusetts by adopting the following general by-law as
Chapter 86, Article II, Section 86-6 thereof:
“Section 86 – 6 Barking Dog By-law.
No person owning, keeping or otherwise responsible for a dog shall allow
or permit said dog to annoy another person’s reasonable right to peace or
privacy by making loud or continuous noise when such noise is plainly
audible at a distance of one hundred and fifty (150’) feet from the
building, premises, vehicle or conveyance housing said dog, or such noise
is continuous in excess of ten (10) minutes. The fact that such noise is
plainly audible at said distance or continuance in excess of ten (10)
minutes shall be prima facie evidence of a violation and punishable, as
follows:
First Offense - Warning
Second Offense – up to $25.00 Fine
Third Offense - up to $30.00 Fine
Fourth or Subsequent Offenses – up to $50.00 Fine.”
or to take any other action relative thereto.
(Majority Vote Required) (Police Chief)
MOTION : I move that the Town vote to indefinitely postpone Article No. 21
ACTION : YES – 144
NO - 107
EDDY ELEMENTARY SCHOOL SPECIAL PERMIT
ARTICLE 22: To see if the Town will vote to request that the
Planning Board to amend the special permit issued under the Corridor Overlay
Protection District for the Eddy Elementary School, to eliminate the restriction on
non-school type uses of the school building and grounds, or to take any other
action relative thereto.
(Majority Vote Required) (Citizens’ Petition)
MOTION: I move that the town vote to approve article no. 22 as printed in the
warrant.
ACTION: ADOPTED
ARTICLE 23: To see if the Town will vote to amend the Code
of the Town of Brewster by revising Chapter 179, Article I, Section 179-2 A by
replacing the words: “Standard Industrial Classification Manual published by the
Executive Office of the President, Office of Management and Budget” with the
words: “the North American Standard Industrial Classification Manual published
by the Executive Office of the President, Office of Management and Budget, 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. 23 as printed in the
Warrant
ACTION : DEFEATED
MOTION : I move to table Article No. 23.
ACTION : YES- 263
NO- 80
ZONING BYLAW AMENDMENT/ACCESSORY USE DEFINITION
ARTICLE 24: To see if the Town will vote to amend the Code of the
Town of Brewster by revising Chapter 179, Article I, Section 179-2 B by
“ADDING” to the current definition of Use, Accessory the following sentence:
“To qualify as an accessory use, the use must be allowed in its district, or it must
have been authorized by a special permit or a variance.”
or to take any action relative thereto.
(Two-Thirds Vote Required) (Planning Board)
MOTION : I move that the Town vote to approve Article No. 24 as printed in the
Warrant
ACTION : DEFEATED
MOTION : I move that the Town vote to table Article No. 24.
ACTION : YES- 300
NO - 77
ZONING BYLAW AMENDMENT
ARTICLE 25: To see if the Town will vote to amend Chapter 179
(Zoning Bylaws) of the Code of the Town of Brewster to include Lots 4-1 through
4-5, Lots 156 through199, and Lots 26A, 26C, 26D and 26E (Pedestrian Access to
Stony Brook Elementary School) of Map 26 of the Board of Assessors’ Maps
within the adjacent R-M district shown on the zoning district map, to revise the
zoning map to reflect this movement and relocation of an existing district
boundary line, and to amend the Code of the Town of Brewster, Massachusetts,
Chapter 179, Article II, Section 179-4 so that it will read as follows:
The location and boundaries of the zoning districts are hereby established
as shown on the May 1979 Map entitled, “Zoning Districts Map of the Town of
Brewster, Massachusetts,” which is on file in the Town Clerk’s Office, and which
is a part of this chapter;
or to take any other action relative thereto.
(Two-Thirds Vote Required) (Citizens’ Petition)
MOTION : I move that the Town vote to approve Article No. 25 as printed in the
Warrant.
ACTION : YES- 363
NO - 5
STABILIZATION FUND
ARTICLE 26: To see if the Town will vote to add a sum of money to
the Stabilization Fund and to transfer from available funds a sum of money for
this purpose, or to take any other action relative thereto.
(Majority Vote Required) (Board of Selectmen)
MOTION : I move that the Town vote to approve Article No. 26 as printed in the
Warrant and to transfer the sum of $1,000,000.00 from Free Cash for this
purpose.
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 27: To act on any other business that may legally come
before this meeting.
MOTION : I move that the Town vote to adjourn this meeting.
ACTION : ADOPTED UNANIMOUSLY
MEETING ADJOURNED at 10: 20 p.m.
TRUE COPY ATTEST:
Joanna Tabbutt
Town Clerk