HomeMy Public PortalAbout1995-05-01 Annual Town Mtg Warrant INDEX
SPECIAL 'TOWN MEETING WARRANT
MAY 11 1995
-- ARTICLE
NO .
1 . BUDGETARY TRANSFERS
2 . UNPAID BILLS
3 , RECISION / CREATION OF ELEMENTARY
SCHOOL BUILDING COMMITTEE
4 . SERVICES FOR COLLECTION OF MEDICAID
REIMBURSEMENT
5 . 1895 HOME COMPOSTING BIN GRANT
6 . AMBULANCE BILLING SERVICES ACCOUNT
i . ANY OTHER BUSINESS
ANNUAL : OWN* MHETI .Nt
MAY 1 . 1995
Barnstable . ss
T0 : Roland v . Bassett
Constable of the Town of Brewster
Greetin6s :
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
Brewster Elementary School Cafetorium , on Monday the first day of
May . 1995 nest , at 7 : 00 p . m . o ' clock in the evening , then and there
to act upon the following articles :
ANNUAL REPORTS
ARTICLE 1 . To act upon the Annual Report of the Board
of Selectmen , Town Officers and / or other Special Committees . or to
take any other action relative thereto .
( Board of Selectmen )
HERRING FISHERIES
ARTICLE 2 . To see if the Town will vote to take no
action regarding its Herring or Alewife Fishery , or to take any
other action relative thereto .
( Alewife Committee )
TOWN BUDGET
ARTICLE 3 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds a sum of money to
defray Town charges and expenses , and further to fix the salary and
compensation of all elected officials of the Town as provided in
Section. 108 of Chapter 41 of the General Laws , as amended , for the
Fiscal Year ending June 30 , 1996 . as follows :
( Finance Committee )
ATM 5/ 1 / 95
FINCON
EXPENDED APPROPRIATED REQUESTED REMCCM D
ITEM DEPARTMENiTT FY94 FY95 FY96 FY96
1 MODERATOR ' S WAGES $300 $300 $300 $300
2 SELECTtZEN ° S WAGES $5 , 250 $ 5 , 250 $ 51250 $ 5 , 25C
SELECT �TrS3 STAFF WAGES $30 , 015 $ 31 , 099 $311690 5311690
EDUCATIONAL REIMS $ 646 $1 , 500 $1, 500 $1, 500
EXPENSES $16 , 612 $.6 , 025 $15 , 750 $15 , 750
3 GREENYH= FLY ASSESSMENT $414 $414 $ 518 $ 518
4 TOWN ADMINISTRATOR WAGES $125 , 574 $130 , 602 $134 , 331 $134 , 331
EXPENSES $3 , 602 $4 , 400 $4 , 000 $4 , 000
5 FINANCE COKMITTEE EX"r $ 900 $ 900 $ 900 $ 900
RESERVE FUND $116 , 779 $125 , 000 $1251000 $125 , 000
b LOCAL PLANNING CG�yiTTEE $778 $1 , 000 $0 $0
7 ACCOUNTANT WAGES $67 , 461 $ 68 , 923 $72 , 030 $72 , 030
AUDIT Or ACCOUNTS $14 , 000 $14 , 000 $13 , 000 $13 , 000
EXPENSES $1 , 815 $11510 $1 , 840 $1 , 840
CO?!PUTER EXPENSES $24 , 700 $30 , 600 $33 , 350 $33 , 550
8 ASSESSOR WAGES $ 641531 $ 95 , 313 $97 , 597 $ 97 , 597
EXPENSES $12 , 208 $12 , 600 $11 , 475 $11 , 475
9 TREASURER/COLLECTOR WAGE $119 , 312 $124 , 674 $126 , 119 $1251119
EXPENSES $ 54 , 501 $ 54 , 450 $ 51 , 600 $ 51 , 600
10 LEGAL EXPENSES $102 , 730 $80 , 000 $83 , 000 $831000
11 DRUMMER BOY MUSEUM EXP $312 $250 $ 500 $ 500
12 TOWN CLERK ' S WAGES $30 , 560 $3310O9 $34 , 344 $34 , 344
TOWN CLERK STAFF WAGES $26 , Oi6 $26 , 189 $25 , 944 $25 , 944
EXPENSES $5 , 312 $ 6 , 650 $6 , 050 $ 6 , 050
13 ELECTION WAGES $2 , 353 $71500 $ 5 , 000 $51000
EXPENSES $1 , 191 $3 , 775 $2 , 930 $2 , 900
14 REGISTRAR WAGES $ 9 , 354 $11 , 397 $111350 $11 , 350
EXPENSES $4 , 144 $4 , 260 $ 5 , 100 $5 , 100
15 CONSERVATION WAGES $ 591161 $ 53 , 481 $66 , 014 $66 , 014
EXPENSES $31750 $3 , 100 $3 , 175 $3 , 175
16 PLLN7ING WAGES $ 32 , 244 $20 , 499 $21 , 240 $21 , 240 -
EXPERT FEE $0 $750 $7 , 000 $ 7 , 000
EXPENSES $2 , 678 $2 , 680 $3 , 180 $3 , 180
17 APPEALS BOARD WAGES $ 6 , 698 $61623 $7 , 518 $7 , 518
EXPENSES $ 619 $ 500 $600 $600
18 TOWN OFFICE PAINT WAGES $ 53 , 566 $ 551005 $ 551363 $ 551363
EXPENSES $57 , 079 $ 50 , 700 $44 , 200 $441200
19 TOWN REPORT EXPENSES $7 , 975 $8 , 100 $8 , 100 $811CO
20 DEBT SERVICE $31117 , 680 $21930 , 707 $2 , 7171580 $21717 , 580
21 FRINGE BENEFITS $632 , 780 $710 , 902 $742 , 045 $742 , 045
22 RETIRa�'4Fti..,'T/PENSION $438 , 675 $472 , 796 $472 , 532 $472 , 532
23 UNCLASSIFIED
GASOLINE $18 , 226 $ 54 , 500 $55 , 995 $ 55 , 995
TELEPHONE $25 , 519 $23 , 740 $25 , 40C $25 , 400
24 CONSTABLE WAGES $250 $250 $250 $250
25 POLICE WAGES $895 , 637 $ 9511500 $970 , 355 $ 970 , 355
EXPENSES $46 , 191 $51 , 750 $ 56 , 800 $55 , 800
STATION EXPENSES $ 601223 $ 61 , 900 $727990 $72 , 990
CRUISER EXPENSE $30 , 993 $37 , 500 $41 , 845 $ 41 , 845
26 FIRE/RESCUE WAGES $465 , 709 $425 , 705 $4701772 $47C , 772
EXPENSES $41 , 754 $43 , 000 $43 , 500 $431500
RESCUE EXPENSES $21 , 975 $24 , 050 $24 , 700 $24 , 700
27 BUILDING INSPECTOR WAGES $103 , 270 $152 , 142 $164 , 077 $1641077
EXPENSES $ 5 , 015 $7 , 160 $77160 $ 7 , 160
28 GAS INSPECTOR WAGES $ 7 , 745 $0 $0 $C
EXPENSES $198 $0 $0 $0
29 PLU2SING INSPECTOR WAGES $17 , 155 $0 $0 $0
EXPENSES $200 $0 $0 $0
30 `WEIGirlS/MEASURES WAGES $1 , 803 $1 , 803 $1 , 803 $11803
EXPENSES $113 $150 $150 $150
31 WIRING INSPECTOR WAGES $19 , 285 $0 $C $0
EXPENSES $160 $0 $C $0
32 DOG OFFICER EXPENSES $9 , 350 $ 9 , 350 $9 , 350 $9 , 350
33 DEPT OF NATURAL RESOURCE $15 , 268 $42 , 017 $43 , 521 $431521
EXPENSES $21481 $ 91550 $ 9 , 176 $9 , 176
SrELLFiSri PROPAGATION $4 , 500 $4 , 500 $ 4 , 500 $4 , 500
2
ATM 5/ 1/ 95
FINCOM
EXPENDED APPROPRIATED REQUESTED RECOMMEND
'ITEM DEPARTMENT FY 94 FY 95 FY 96 FY 96
34 ALEWIVES COMMITTEE WAGES $ 150 $ 150 $ 1 . 450 $ 17450
EXPENSES $ 968 $ 1 . 000 $ 1 , 000 $ 1 , 000
35 DPW WAGES $ 527 , 215 $ 542 . 835 $ 562 . 589 $ 562 . 589
DIESEL FUEL $ 17 , 544 $0 $ 0 $0
ROAD MACHINERY $ 21 , 679 $ 29 , 000 $ 267200 $ 26 . 200
DUTCH ELM DISEASE $0 $ 300 $ 300 $ 300
SNOW & ICE CONTROL $ 106 . 350 $ 44 . 150 $ 544150 $54 . 150
INSECT / PEST CONTROL $ 900 $ 1 , 000 $ 1 , 000 $ 1 . 000
EXPENSES $ 132 , 588 $ 163 . 456 $ 160 . 670 $ 160 . 670
SOLID WASTE DISPOSAL $ 90 , 060 $ 182 . 634 $ 178 , 925 $ 178 , 925
35 RECYCLING EXPENSES $75 $ 1 , 800 $ 1 . 500 $ 1 , 500
37 STREET LIGHTING EXPENSES $ 12 , 015 $ 12 . 154 $ 12 . 762 $ 12 . 762
33 BOARD OF HEALTH WAGES $ 115 . 951 $ 95 , 691 $ 96 , 456 $ 96 . 456
VISITING NURSE AS $ 7 , 750 $ 7 . 940 $ 9 . 320 $ 9 . 320
EXPENSES $ 13 , 926 $ 6 . 803 $ 6 . 903 $ 6 . 903
OUT-OF-STATE TRAVEL $ 194 $ 0 $0 $0
39 COUNCIL ON AGING WAGES $ 80 . 481 $ 89 , 069 $ 927740 $ 92 . 740
EXPENSES $5 , 648 $ 6 . 200 $ 7 , 020 $ 7 , 020
40 OLD TOWN HALL MAINT $ 5 , 949 $ 6 . 000 $ 64000 $ 6 . 000
41 VETERANS ' SERVICES $ 234391 $25 , 712 $ 26 . 528 $26 . 528
42 BREWSTER LADIES LIBRARY $ 191 , 016 $ 201 , 338 $ 205 . 426 $ 205 . 426
43 RECREATION WAGES $ 55 , 779 $ 58 , 159 $ 63 . 554 $ 63 . 554
EXPENSES $ 27 , 875 $27 , 788 $ 25 , 788 $25 . 788
44 GOLF WAGES $ 335 , 454 $ 364 , 801 $ 407 , 511 $ 407 . 511
EXPENSES $ 235 , 1009 $ 225 , 909 $ 239 , 086 $2397086
45 PARKS ADVISORY COMMITTEE $ C $ 25 $ 25 $ 25
45 BIKEWAY COMMITTEE $ 0 $ 25 $ 25 $ 25
47 HISTORICAL COMMITTEE $ 0 $25 $ 0 $C
48 HISTORIC DISTRICT COMM $ 8 , 635 $ 9 . 676 $ 9 . 885 $ 97835
EXPENSES $700 $ 700 $ 1 , 291 $ 1 . 291
ASSESSMENTS $ 3 , 000 $ 3 , 000 $ 3 , 000 $ 3 . 000
49 MEMORIAL /VETERANS ' DAY $ 1 , 287 $ 1 , 300 $ 1 . 300 $ 1 , 300
50 OLD MILL SITES COMMITTEE $ 2 , 344 $2 . 910 $ 3 . 210 $ 3 . 210
51 WATER COMMISSIONER ' S WAGE $ 24200 $ 2 , 200 $ 2 . 200 $ 2 , 200
WATER STAFF WAGES $325 , 721 $ 3421581 $ 354 , 100 $ 354 . 100
OFFICE EXPENSES $ 10 . 551 $ 0 $ 0 $ 0
OPERATING EXPENSES $ 92 , 606 $ 133 , 421 $ 133 , 298 $ 133 . 298
BUILDING EXPENSES $ 1 . 905 $ 0 $ 0 $G
EQUIPMENT EXPENSES $ 7 , 936 $ 6 , 100 $ 6 , 050 $ 64050
52 LIABILITY "INSURANCE $ 352 , 526 $401 . 773 $421 , 336 $421 , 336
GRAND TOTAL $ 9 , 865 . 274 $ ? 0 . 115 . 625 $ 10 , 174 , 127 $ 10 , ? 74 . ' 27
, Finance Committee )
ELEMENTARY SCHOOL BUDGET
ARTICLE 4 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds a sum of money tc
defray Elementary School charges and expenses . for the Fiscal Year
ending June 307 1995 , as follows =
FINCOM
EXPENDED APPROPRIATED REQUESTED RECOMMEND
DEPARTMENT FY94 FY95 FY96 FY96
BREWSTER ELEMENTARY $ 2 . 751 . 283 $ 3 . 245 . 810 $ 3 . 355 . 563 $ 3 , 355 . 563
( Finance Committee )
ATM 5 / 1 / 95
NAUSET REGIONAL SCHOOL DISTRICT BUDGET
ARTICLE 5 . To see if the Town_ will vote to raise and
appropriate and / or transfer from available funds a sum of money to
defray ,Nauset Regional School charges and expenses . for the Fiscal
Year ending June 30 . 1996 , as follows :
FINCOX
EXPENDED APPROPRIATED REQUESTED RECOMMEND
DEPARTMENT FY94 FY95 FY96 FY96 _
NAUSET REGIONAL $ 3 , 551 , 809 $ 3 , 750 , 573 5441214404 54 , 121 . 404
( Finance Committee )
CAPE COD VOCATIONAL TECHNICAL SCHOOL BUDGET
ARTICLE 6 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds a sum of money to
defray Cape Cod Vocational Technical High School charges and
expenses for the Fiscal Year ending June 30 . 1996 , as follows :
FINCOM
EXPENDED APPROPRIATED REQUESTED RECOMMEND
DEPARTMENT PY94 FY95 FY96 FY96
CAPE COD TECH S216 514 $ 213 . 875 $ 294 , 669 $294 . 669
( Finance Committee ;
CAPITAL EXPENDITURES
ARTICLE i . To see if the Town will vote to raise and
appropriate , and / or transfer from available funds a sum of money
for the purpose of funding certain capital expenditures to be
undertaken during Fiscal Year 1996 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 vehicies
deemed available and in the best interests of the Town , the
proceeds from any such disposition to be applied toward the cost of
acqu4rinfl said equipment or service as the case may be :
Fundine FYi996 Capital Expenditures Bude' et
TRANSFER FROM
RAISE AND AVAILABLE
DEPARTMENT APPROPRIATE FUNDS
1 . Miilsites Committee
a . Mill BuildinaRepairs $ 5 , 000 . 00
2 . Egg Committee
a . Par's Granite Curbins' $ 500 . 00
3 . Shellfish Department
a . Buildins Repairs
and Painting S 79000 . 00
b . Septic System Repairs 34000 . 00
4 . Council on Acing'
a . Additional Funding
Installation of Lift S 3 , 000 . 00
( R ) = Renlacement Equipment
( N ; = New Equipment
ATM 5 / 1 / 95
TRANSFER FROM
RAISE AND AVAILABLE
DEPARTMENT APPROPRIATE FUNDS
5 . Golf Department
a . Triplex Mower ( R ) S 16 . 000 . 00
b . Cart Path Construction 15 . 000 . 00
c . Bunker Renovations
mages and Expenses 25 . 000 . 00
d . Verti -Seeder Emit ( h ; 1 . 000 . 00
6 . [rater Department
a . Service Truck ( R ) S 33 , 000 . 00
b . Dump Truck Repairs 4 . + 00 . 00
C4 Auxiliary Power Supply
for water Well 50 . 000 . 00
d . Water Construction Account 80 . 000 . 00
7 . Bikeways Committee
a . Bike Racks Purchase ( V ) S 1 , 200 . 00
8 . Fire Department
a . Rescue Billing Service S 14 . 000 . 00
b . Rescue Equipment 1 , 500 . 00
c . Ladder Truck Lease 14 , 000 . 00
d . infection Control 2 . 000 . 00
e . Carbon Monoxide Detection
Equipment ( N ) 2 , 500 . 00
f . Fire Engine Refurbishment 40 , 000 . 00
Computer Hardware b Software
Upgrade ( V } 61000 . 00
h . Regional Reserve Ambulance 3 , 000 . 00
Program ( S )
9 . Board of Health
a . Inspection Vehicle ( R ) 15 . 000 . 00
10 . Police Department
a . Cruiser/Video Equipment ( N ) S 94000 . 00
b . Mobile Data Terminals ( N) 35 , 000 . 00
11 . Conservation Commission
a. Wins Island Stairs and
Boardwalk /Design and
Engineering Services S 1 . 500 . 00
b . Conservation Fund 5 . 000 . 00
c . Punkhorn Wildlife
Management Pian 35 . 000 . 00
d . Septic System Repair 3 , 500 . 00
Spruce Hill Building
12 . Elementary School
a . School Exterior Painting_' 3 12 . 000 . 00
b . School Roof Repair and
Window Replacement 50 . 000 . 00
13 . Sauset Regional School District
a . Field Irrigation System S 8 , 389 . 00
14 . Department of Public works
a . Light Dump Truck ( R ) S 35 . 000 . 00
b . Drainage Improvement
Proiects 20 , 000 . 00
c . Road Maintenance Projects 40 , 000 . 00
15 . Board of Selectmen
a . Town Hall Building Repairs 30 . 000 . 00
b . tipper Mill Pond Platform S 13 , 470 . 00
TOTAL $ 319 . 189 . 00 3339 . 170 . 00
or to take any other action relative thereto .
: Board of Selectmen )
( R ) = Replacement Equipment
( ti ) = New Equipment
ATM 5/ 1 / 95
COMPREHENSIVE MASTER PLAN / DRUMMER BOY PROPERTY
ARTICLE 8 . To see if the Town will rote to accept the
Comprehensive Master Plan for the Drummer Boy property , or to 'care
any other action relative thereto .
Board of Selectmen )
DEMOLITION / DRUMMER BOY BUILDING
ARTICLE 9 . To see if the Town will vote to transfer
from available funds the sum of Thirteen Thousand Seven Hundred and
Thirty - Nine and CO / lOC 513 . 139 . 00 ) Dollars to remove and / or
demolish the residence building on the Town - owned land . referred to
as the Drummer Boy property , and to authorize the Town
Administrator to solicit bids , enter into contracts , dispose of
surplus property , and expend said funds for this Purpose , or to
take any other action relative thereto .
( Board of Selectmen )
PROFESSIONAL SERVICES /DRUMMER BOY PROPERTY"
ARTICLE 10 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of Five
Thousand and 00 / 100 ( $ 5 , 000 . 00 ) Dollars for desis' n services and / or
other professionai services for the Drummer Boy Gift Shop buiidin ,
and to authorize the Town Administrator to solicit bids , enter into
contracts and expend said funds for this purpose , or to take any
other action relative thereto .
( Board of Selectmen )
ACCEPTANCE OF MASSACHUSETTS GENERAL LAW PROVISION
ARTICLE 1 : . To see if the Town will vote to accept the
provisions of Massachusetts General Laws . Chanter 143 . Section 3 Z .
or to 'take any other action relative thereto .
( Buildins Commissioner }
ADDITION TO LADIES LIBRARY
ARTICLE 12 . To see if the Town will vote to
appropriate the sum of One Million Sixty Thousand and 00 / 100
( S1 , O60 , 000 . 00 ) Dollars for completing the design and constructing ,
originally equipping and furnishing an addition to the Brewster
Ladies Library , including other costs incidental and related to the
carrying out of this protect and its financing , and to see whether
the Town will raise and appropriate , transfer from available funds ,
and / or to authorize the Town Treasurer . with the approval of the
Board of Selectmen , to borrow the sum of One Million and 00 / 100
( Si . 000 . 000 . 00 ) Dollars under and pursuant to Chapter 44 of the
General Laces , and / or any other enabling_' authority , and to issue
bonds or notes of the Town therefor ; to raise and appropriate
and / or transfer from available funds an additional sum of Sixty
ATM 5 / 1 / 95
Thousand and 00 / 100 ( $ 60 , 000 . 00 ) Dollars for the purpose of paging
for the preparation . issuance and marketing of bonds and notes
issued hereunder and for paving interest on temporary notes issued
in anticipation thereof , and to authorize the Board of Selectmen to
appoint a seven { I member Library Building Committee ; and to
authorize the Board of Selectmen to accept and expend any and all
grants and gift proceeds towards the construction of said addition ;
and further to authorize the Board of Selectmen to accept
for public library purposes the gift of the current Ladies Library
Building and property as identified on Parcels No . 7 and 8 of Kap
Nov 25 of the Board of Assessor ' s maps , and to authorize the Board
of Selectmen to lease said facility to the Brewster Ladies Library
Association , Inc . to operate as a free public library for the sum
of One ( 31 . 00 ) Dollar per year , provided , however , that favorable
votes under this article shall have no effect unless the Town votes
at a regular or special election to exempt the amounts required to
pay the bonds or notes and other related expenses from the
limitations of Proposition 2 1 / 2 , so - called , or to take any other
action relative thereto .
( Board of Selectmen and Ladies Library Association )
NAUSET HIGH SCHOOL RENOVATION AND ADDITION CONSTRUCTION
ARTICLE 13 . To see if the Town will vote to approve a
sum of money for indebtedness authorized by the School Committee of
the Nauset Regional School District for the purpose of
constructing , originally equipping and furnishing an addition or
additions to and remodeling , reconstructing and making
extraordinary repairs to the Nauset Regional High School ; provided
that no money shall be expended or borrowed under this vote unless
the Town shall have a regular or special election to exempt the
amounts required to pay the bonds , notes or assessments from the
limitations of Proposition 2 1 / 2 , so - called . or to take any other
action relative thereto .
( Nauset Regional High School Building Committee )
NAUSET HIGH SCHOOL RENOVATION AND ADDITION FUNDING
ARTICLE 14 . To see if the Town will vote to raise and
- appropriate and / or transfer from available funds a sum of money
representing its apportioned share of interest costs for the
Regional High School construction borrowing for 1995 - 96 , provided
that no money shall be expended or borrowed under this vote unless
the Town shall have a regular or special election to exempt the
amounts required to pay the bonds , notes or assessments from the
limitations of Proposition 2 1 / 2 , so - called , or to take any other
action relative thereto .
( Nauset Regional High School Building Committee )
ATM 5 / 1 / 95
SEPTAGE TREATMENT PLANT CAPITAL IMPROVEMENTS
ARTICLE 15 . To see if the 'Town will vote to authorize
the Board of Selectmen to enter into agreements and / or amendments
to agreements with the Environmental Protection Agency and the
?Massachusetts Department of Environmental Protection for the design
and construction of an addition to the Orleans , Brewster and
Eastham Septage Treatment Facility ( the " Facility " ) . which
amendments , including an amendment to the Intermunicipal Agreement
will provide for an increase in funding and permitted indebtedness
under said agreement and grants for a sum of money for the purpose
of undertaking certain improvements to the existing Facility and to
further authorize the Town 'Treasurer , with the approval of the
Board of Selectmen , to borrow in anticipation of grant revenues for
the purpose of carrying out and funding said improvements to the
Facility , provided however , that no such grant amendment shall be
executed which requires a further local appropriation of funds by
Brewster other than the funds previously appropriated , and further
no funds shall be borrowed in anticipation of grant revenues unless
all costs associated with any such borrowing including without
limitation interest charges , and all costs associated with grant
administration , are to be paid in full , by reimbursement to Orleans
or otherwise by the Orleans , Brewster and Eastham Groundwater
Protection District . The obligations of the Town under any such
grant amendment shall be subject to the provisions of the
Intermunicipal Agreement among the Towns of Orleans , Brewster and
Eastham for the management and operation of the Facility as
amended , or to ta'ne any other action relative thereto .
( Board of Managers )
WATER MAIN EASEMENT
ARTICLE 16 . To see if the Town will vote to authorize
the Board of Selectmen to acquire by gift , purchase , or by eminent
domain , from the owners , a general twenty foot ( 20 ' ) wide water
easement along the southerly boundary line of Parcel No . 10 of Map
No . 26 of the Board of Assessor ' s maps , for the purpose of
installing a water main ; and to require that the Town will return
the land to its natural state and to raise and appropriate and / or
transfer from available funds a sum of money to acquire the water
easement and to perform all the actions mentioned in this Article ,
or to take any other action relative thereto .
( Board of Selectmen )
AMENDMENT / PLAN REVIEW BYLAW
ARTICLE li . To see if the Town will vote to amend the
following designated section of Chapter 83 of the Code of the Town
of Brewster , so that those sections will read as follows :
Revise wording throughout so that all references to " Inspector
of Buildings " read " Building Commissioner " .
Revise wording throughout so that all references to " Executive
Secretary " read " Town Administrator " .
Eliminate the reference throughout to " the Environmental
impact Review Bylaw " .
ATM 5 / 1 / 95
Section 83 - 2 Plan Review Committee .
A . There is hereby established a Plan Review Committee
( PRC ) , comprised of the Inspector of Buildings , who shall
be its Chair , plus one ( 1 ) representative designated by
each of the following : Town Administrator . Planning
Board , Board of Health , Conservation Commission , Water
Commission , Water Quality Review Board . Environmental
Resource Department , Historic District Committee .
Department of Public Works , Police Chief , and Fire Chief .
Each appointing authority shall determine the term of its
representative and shall provide for alternates to act in
the event that the representative is unable to do so . In
the event that a designation is not made as provided
above , within sixty days of written request from the
Board of Selectmen to do so , the Selectmen shall fill the
vacancy , preferably by tb �.- appointment of a member from
the nondesignating board or department . It shall be the
responsibility of each Committee representative to report
back to his / her board or department in order to provide
ongoing information related to the proposed plan
necessary for said board or department to formulate
questions or comments related to the application and
review process as described under section 83 - 5 . B . of
this bylaw .
Section 83 - 4 . Applicability .
A . Developments are subject to development plan review if
they propose other than single - or two - family dwelling
and include any one ( 1 ) or more of the following :
( 1 ) A new principal building .
( 2 ) Increase in lot coverage by more than eight hundred
( 800 ) square feet through either a new accessory
building or a building addition increasing lot
coverage by ten percent ( 10 % ) or more .
( 3 ) Substantial alteration to a parking facility having
ten ( 10 ) or more spaces .
( 4 ) Removal of existing vegetative ground cover from
more than ten thousand ( 10 . 000 ) square feet of site
area .
or anv subdivision of land into two ( 2 ) or more lots .
Section 83 - 5 . Application and review ; approval or disapproval .
B . Submittal and distribution . All development plan
application material shall be submitted to the Inspector
of Buildings with a sufficient number of copies . so that
each member of the PRC shall be provided a copv . The
Building Commissioner shall forthwith transmit copies of
those materials to the Plan Review Committee ( PRC )
members . Within thirty ( 30 ) days of submittal , each PRC
member shall make a determination of whether those
materials are complete and , if they are not , shall notify
the Building Commissioner of anv specific further
information or materials reouired from the applicant .
C . Plan review meeting . The PRC shall hold a plan review
meeting within thirty ( 30 ) days of the Committee ' s
determination of application completeness . or such later
time as the applicant may agree to . The PRC shall
coordinate with other agencies to have , if possible . the
time and place of the PRC ' s plan review meeting coincide
with the initial hearing date for any other agencies
requiring hearings on the proposal . When the date has
been established , the agencies to which the submittals
ATM 5/ 1 / 95
have been distributed shall be notified . Notice of the
proposals to be reviewed shall be published in a locally
circulated newspaper at least seven { 7 ) days prior to the
date of the review meeting . or earlier if necessary to
provide notice integrated with that of other agencies and
shall be posted conspicuously on the premises to be
reviewed .
F . Certification for compliance . No occupancy permit shall
be issued by the Building. Commissioner until he / she has
been notified in writing. by the PRC that it has either
received certification from a registered architect ,
landscape architect or professional engineer that all
construction has been completed in accordance with the
approved development plan , or has received surety bonds
for completion within a reasonable time for specified
incomplete elements , such as landscaping or roadway
finish course , of which delayed completion has been
determined by the PRC not to impair safety or convenience
for users of the site or the environment .
Section 83 - 9 . Other design requirements .
A . Site Design .
( 5 ) Pedestrian access , or bicvcle and wheelchair access
where possible . shall be provided among all
facilities on the site , between them and the street
and between them and adjacent premises developed
for uses open to the _public .
Be Lighting .
( 3 ) Lighting limitation . The following limitations
shall be observed by all uses , unless PRC
determines that it is inherently infeasible for
that use ( e . g . , public outdoor recreation ) to meet
these standards , and that all reasonable efforts
have been made to avoid glare or light overspill_
Co Solid waste . Each development must document arrangements
for satisfactory disposal of tree stumps and debris
resulting from or discovered durinz construction , and
must make permanent arrangements for satisfactory on - site
storage of refuse and recvclable material pending its
removal . Such storage shall be screened from view from
public ways , secured from vermin or other animals and
located to present minimal hazard in the event of fire
and minimal threat to water quality in the event o £
container failure .
D . Historic and Archaeologic resources . Location and design
shall not cause avoidable damage or impairment of the
historic or archaeolo �' ic value of buildings or resources .
Applicants may be required to submit documentation from
the Massachusetts Historic Commission that the site
either contains no such buildings or resources or that
all feasible efforts to avoid , minimize or compensate £ or
any potential damage or impairment have been made .
Section 83 - 2 Plan Review Committee .
or to take any other action relative thereto .
( Board of Selectmen )
AMENDMENT / LINE OF SIGHT BYLAW
ARTICLE 18 . To see if the Town will vote to amend
Article VI ( Line of Sight Bylaw ) of Chapter 157 of the Code of the
Town of Brewster , to eliminate the words " Brewster Traffic Studv
Committee " in the second line and insert the words " Development
Plan Review Committee " , or to take any other action relative
thereto .
( Board of Selectmen )
ATM 5 / 1 / 95
RECISION/ ENVIRONMENTAL IMPACT REVIEW BYLAW
ARTICLE 19 .
lo see if the Town will vote to rescind
the Environmental Impact Review Bylaw , which is referenced as
Chapter 91 of the Code of the Town of Brewster , or to take any
other action relative thereto .
( Board of Selectmen )
AIRCRAFT LANDING BYLAW
ARTICLE 20 . To see if the Town will vote to create the
following new bylaw , as Chapter 70 of the Code of the Town of
Brewster :
The landing of aircraft will be prohibited
on Seymour Pond , Upper Mill Pond , Lower Mill
Pond and Slough Pond in the Town of Brewster .
or to take any other action relative thereto .
( Board of Selectmen )
PURCHASE OF LAND
ARTICLE 21 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of Four
Hundred and Seventy- Five Thousand ( $ 475 , 000 . 00 ) Dollars for the
purchase of land for municipal purposes , said land is located on
Route 124 , identified as Parcels No . 4 and 50 of Map No . 34 of the
Board of Assessor ' s Maps , and further identified in Book No . 227 ,
recorded with the Barnstable County Registry of Deeds and to
authorize the Board of Selectmen to purchase said property or to
acquire it by eminent domain and to expend said funds for this
purpose , or to take any other action relative thereto .
( Board of Selectmen )
AFFORDABLE HOUSING
ARTICLE 22 . To see if the Town will vote to authorize
the Board of Selectmen or their designees to pursue an affordable
housing program to develop affordable single - family ownership
housing units for purchase by income qualified buyers in accordance
with the regulations promulgated by the Executive Office of
Communities and Development on the following parcels of Town - owned
land :
Assessor ' s :lap No . Lot No . Size
40 71 7 . 10 acres
51 9 - 6
51 9 - 7
51 9 - 8 4 . 40 acres
51 9 - 9
51 9 - 11
or to take any other action relative thereto .
( Board of Selectmen )
ATM 5 / 1 / 95
PLEASANT BAY RESOURCE MANAGEMENT PLAN
ARTICLE 23 . To see if the 'Town will vote to authorize
the Board of Selectmen to enter into an intermunicipal agreement
with the Towns of Orleans , Harwich and Chatham to jointly prepare
a Resource Management Plan for the Pleasant Bay Area of Critical
Environmental Concern , said agreement will create a Steering
Committee with representation from each Town appointed by the Board
of Selectmen ; and create an advisory committee consisting of each
Town ' s Harbormaster , Shellfish Constable , Conservation Agent and
Planner ( or their equivalent as determined by each Town ' s Board of
Selectmen ) ; and to raise and appropriate , and / or transfer from
available funds a sum of money for this purpose , or to take any
other action relative thereto .
( Board of Selectmen )
ROAD BETTERMENT BYLAW
ARTICLE 24 . To see if the Town will vote to rescind
Article V of Chapter 157 of the Code of the Town of Brewster and to
adopt the following bylaw as the new Article V of Chapter 157 :
Road Betterment Bylaw
The Town shall use the provisions of Chapter 80 of the
General Laws , as amended , for the purpose of assessing
betterments to the abutters on any private way which may be
reconstructed by the Town to meet the requirements of the
Subdivision Rules and Regulations of the Brewster Planning_
Board , as amended , said assessments to be made only after
the Town has voted to accept such ways , having followed the
procedure for such acceptance as delineated in Chapter 82
of the General Laws .
Procedure
Before the town shall vote to accept any private way under
the Betterment Assessment Bylaw , there shall have been
filed with the Selectmen a petition for such acceptance
containing the signatures of a majority of owners of the
lots abutting said way ; the Selectmen shall refer the
proposed layout to the Planning Board after first having
prepared an estimate of all costs to be levied against
said abutters , including engineering , legal , construction ,
administration and interest . The Planning Board shall hold
a hearing on the petition after due notice to the said
abutters and shall inform said abutters of the total
estimated costs to be borne by them for said betterment .
Upon receipt of the approval of the estimated cost by
a majority of the abutters and approval of his share
the total by each member of said majority , and upon
receipt of a written request by said majority for an
article to be inserted in the warrant , the Planning
Board shall forward its recommendation , as required
under MGL C . 41 , Sec . 81I to the Board of Selectmen , who
thereafter shall cause said article to be inserted
in the warrant for the next Annual Town Meeting .
Upon approval of said article by the voters at said
Town Meeting , the Board of Selectmen shall advertise the
construction for public bids , and within six ( 6 )
months after the construction has been completed ,
the total cost shall be apportioned by the Board of
Selectmen to the owners of lots abutting the way , and
the time for payment , not exceeding twenty ( 20 ) years ,
shall be specified ; the total cost of the betterment
ATM 5 / 1 / 95
assessment shall not exceed the estimate . The
Tax Collector shall bill the abutters according to
the apportionment on the next real estate tax bill
and may accept settlements in cash for the full
amount of the apportioned share from any abutter
within thirty ( 30 ) days , or shall bill each
abutter within sixty ( 60 ) days for his share of
the total cost to be divided over a period of
years , not exceeding twenty ( 20 ) , with interest
to be computed at the rate as set forth in Chapter
80 of the Massachusetts General Laws . Thereafter ,
the annual amount of the betterment assessment
shall appear on the annual real estate tax bill
of the abutters . The Board of Selectmen shall act on
all private ways proposed to be accepted by the town
under the Betterment Assessment Program strictly
in accordance with the provisions of Chapter 41 ,
80 and 82 of the General Laws of the Commonwealth
of Massachusetts .
or to take any other action relative thereto .
( Board of Selectmen )
ROAD BETTERMENT / CONSODINE ROAD
ARTICLE 25 . To see if the Town will vote to authorize
the Board of Selectmen to lav out and make public the private way
known as Consodine Road in accordance with Article 50 ( Betterment
Assessments ) of the May , 1974 Annual Town Meeting ; to authorize the
Board of Selectmen to acquire by gift , by purchase , or by eminent
domain all land , easements and rights needed to lav out this way as
a town way ; to authorize the Board of Selectmen to proceed with the
reconstruction of this way after it has been determined that the
provisions of Article 50 have been satisfied ; to raise and
appropriate , to transfer from available funds , and / or to obtain by
borrowing a sum of money to pay for the costs of acquisition ,
engineering , construction , reconstruction , and related expenses in
connection therewith ; to authorize the Town Treasurer , with the
approval of the Board of Selectmen to borrow the sum of Eighteen
Thousand Six Hundred and Twenty- Five and 00 / 100 ( $ 18 , 625 . 00 )
Dollars , under and pursuant to Massachusetts General Laws Chapter
44 , Section 7 or any other enabling authority and to issue notes
and bonds of the Town therefor , and . initially , to raise and
appropriate and / or transfer from available funds a sum of money tc
be
. . covered through the betterment assessments against the
abutters , to pay the first year ' s principal and interest expenses
for this project , or to take any other action relative thereto .
( Citizen ' s Petition )
ROAD BETTERMENT /MOSS LANE
ARTICLE 26 . To see if the Town will vote to authorize
the Board of Selectmen to lav out and make public the private way
known as Moss Lane in accordance with Article 50 ( Betterment
Assessments ) of the May , 1974 Annual Town Meeting ; to authorize the
Board of Selectmen to acquire by gift , by purchase , or by eminent
domain all land , easements and rights needed to lav out this way as
a town way ; to authorize the Board of Selectmen to proceed with the
reconstruction of this way after it has been determined that the
provisions of Article 50 have been satisfied ; to raise and
appropriate , to transfer from available funds , and / or to obtain by
borrowing a sum of money to pay for the costs of acquisition ,
engineering , construction , reconstruction , and related expenses in
connection therewith ; to authorize the Town Treasurer , with the
ATM 5 / 1 / 95
approval of the Board of Selectmen to borrow the sum of Eleven
Thousand Two Hundred and Eighty and 00 / 100 ( $ 11 , 280 . 00 ) Dollars ,
under and pursuant to Massachusetts General Laws Chapter 44 ,
Section i or any other enabling authority and to issue notes and
bonds of the Town therefor : and , initially , to raise and
appropriate and / or transfer from available funds a sum of money to
be recovered through the betterment assessments against the
abutters , to pay the first year ' s principal and interest expenses
for this project , or to take any other action relative thereto .
( Citizen ' s Petition )
ROAD BETTERMENT/ COMMONS WAY
ARTICLE 27 . To see if the Town will vote to authorize
the Board of Selectmen to lav out and make public the private way
known as Commons Way in accordance with Article 50 ( Betterment
Assessments ) of the May , 1974 Annual Town Meeting ; to authorize the
Board of Selectmen to acquire by gift , by purchase , or by eminent
domain all land , easements and rights needed to lay out this way as
a town way ; to authorize the Board of Selectmen to proceed with the
reconstruction of this way after it has been determined that the
provisions of Article 50 have been satisfied ; to raise and
appropriate , to transfer from available funds , and / or to obtain by
borrowing a sum of money to pay for the costs of acquisition ,
engineering , construction , reconstruction , and related expenses in
connection therewith ; to authorize the Town Treasurer , with the
approval of the Board of Selectmen to borrow the sum of Three
Hundred and Fifty - Four Thousand Eight Hundred and Thirty - Five and
00 / 100 ( $ 354 , 835 . 00 ) Dollars , under and pursuant to Massachusetts
General Laws Chapter 44 , Section 7 or any other enabling authority
and to issue notes and bonds of the Town therefor ; and , initially ,
to raise and appropriate and / or transfer from available funds a sum
of money to be recovered through the betterment assessments against
the abutters , to pay the first year ' s principal and interest
expenses for this project , or to take any other action relative
thereto .
( Citizen ' s Petition )
ROAD BETTERMENT / GREENLAND POND ROAD
ARTICLE 28 . To see if the Town will vote to authorize
the Board of Selectmen to lay out and make public the private way
known as Greenland Pond Road in accordance with Article 50
( Betterment Assessments ) of the May , 1974 Annual Town Meeting ; to
authorize the Board of Selectmen to acquire by gift , by purchase ,
or by eminent domain all land , easements and rights needed to lay
out this way as a town way ; to authorize the Board of Selectmen to
proceed with the reconstruction of this way after it has been
determined that the previsions of Article 50 have been satisfied ;
to raise and appropriate , to transfer from available funds , and / or
to obtain by borrowing a sum of money to pay for the costs of
acquisition , engineering , construction , reconstruction , and related
expenses in connection therewith ; to authorize the Town Treasurer ,
with the approval of the Board of Selectmen to borrow the sum of
Three Hundred and Eighty - Two Thousand Four Hundred and Fifty - Two
and 00 / 100 ( $ 382 , 452 . 00 ) Dollars , under and pursuant to
Massachusetts General Laws Chapter 44 , Section 7 or any other
enabling authority and to issue notes and bonds of the Town
therefor ; and , initially , to raise and appropriate and / or transfer
from available funds a sum of money to be recovered through the
betterment assessments against the abutters , to pay the first
year ' s principal and interest expenses for this project , or to take
any other action relative thereto .
( Citizen ' s Petition )
ATM 5 / 1 / 95
ROAD BETTERMENT / BEECH TREE DRIVE
ARTICLE 29 . To see if the Town will vote to authorize
the Board of Selectmen to lay out and make public the private way
known as Beech Tree Drive in accordance with Article 50 ( Betterment
Assessments ) of the May , 1974 Annual Town Meeting ; to authorize the
Board of Selectmen to acquire by gift , by purchase , or by eminent
domain all land , easements and rights needed to lay out this way as
a town way ; to authorize the Board of Selectmen to proceed with the
reconstruction of this way after it has been determined that the
provisions of Article 50 have been satisfied : to raise and
appropriate , to transfer from available funds , and / or to obtain by
borrowing a sum of money to pay for the costs of acquisition ,
engineering , construction , reconstruction , and related expenses in
connection therewith ; to authorize the Town Treasurer , with the
approval of the Board of Selectmen to borrow the sum of Two Hundred
and Thirty- One Thousand Five Hundred and Forty- Five and 00 / 100
( $ 231 , 545 . 00 ) Dollars , under and pursuant to Massachusetts General
Laws Chapter 44 , Section 7 or any other enabling authority and to
issue notes and bonds of the Town therefor ; and , initially , to
raise and appropriate and / or transfer from available funds a sum of
money to be recovered through the betterment assessments against
the abutters , to pay the first year ' s principal and interest
expenses for this project , or to take any other action relative
thereto .
( Citizen ' s Petition )
ROAD BETTERMENT /VALLEY ROAD
ARTICLE 30 . To see if the Town will vote to authorize
the Board of Selectmen to lay out and make public the private way
known as Valley Road in accordance with Article 50 ( Betterment
Assessments ) of the May , 1974 Annual Town Meeting ; to authorize the
Board of Selectmen to acquire by gift , by purchase , or by eminent
domain all land , easements and rights needed to lay out this way as
a town way ; to authorize the Board of Selectmen to proceed with the
reconstruction of this way after it has been determined that the
provisions of Article 50 have been satisfied : to raise and
appropriate , to transfer from available funds . and / or to obtain by
borrowing a sum of money to pay for the costs of acquisition ,
engineering , construction , reconstruction , and related expenses in
connection therewith ; to authorize the Town Treasurer . with the
approval of the Board of Selectmen to borrow the sum of Eighty - Two
Thousand Six Hundred and Sixty and 00 / 100 ( $ 82 , 660 . 00 ) Dollars ,
under and pursuant to Massachusetts General Laws Chapter 44 ,
Section 7 or any other enabling authority and to issue notes and
bonds of the Town therefor ; and , initially , to raise and
appropriate and / or transfer from available funds a sum of money to
be recovered through the betterment assessments against the
abutters , to pay the first year ' s principal and interest expenses
for this project , or to take any other action relative thereto .
( Citizen ' s Petition )
ATM 5/ 1 / 95
ROAD BETTERMENT / LANDING DRIVE
ARTICLE 31 . To see if the Town will vote to authorize
the Board of Selectmen to lay out and make public the private way
known as Landing Drive in accordance with Article 50 ( Betterment
Assessments ) of the May , 1974 Annual Town Meeting ; to authorize the
Board of Selectmen to acquire by gift , by purchase , or by eminent
domain all land , easements and rights needed to lay out this way as
a town wag ; to authorize the Board of Selectmen to proceed with the
reconstruction of this way after it has been determined that the
provisions of Article 50 have been satisfied ; to raise and
appropriate , to transfer from available funds , and / or to obtain by
borrowing a sum of money to pay for the costs of acquisition ,
engineering , construction , reconstruction , and related expenses in
connection therewith ; to authorize the Town Treasurer , with the
approval of the Board of Selectmen to borrow the sum of Three
Hundred and Fiftv- Five Thousand One Hundred and Three and 00 / 100
( 8355 , 103 . 00 ) Dollars , under and pursuant to Massachusetts General
Laws Chapter 44 , Section 7 or any other enabling authority and to
issue notes and bonds of the Town therefor ; and , initially , to
raise and appropriate and / or transfer from available funds a sum of
money to be recovered through the betterment assessments against
the abutters , to pay the first year ' s principal and interest
expenses for this project , or to take any other action relative
thereto .
( Citizen ' s Petition )
SEPTIC SYSTEM REPLACEMENT , UNDERGROUND FUEL STORAGE REMOVAL AND
LEAD PAINT REMOVAL
ARTICLE 32 . To see if the Town will vote to raise and
appropriate , transfer from available funds and / or borrow up to the
sum of Thirty Thousand and 00 / 100 ( 830 , 000 . 00 ) Dollars for the
purpose of remediating failing residential subsurface sewage
disposal systems , underground fuel storage tanks and deieading of
dwellings with dangerous levels of lead , pursuant to Massachusetts
General Laws , Chapter Ili , Section 127bi / 2 , and to arrange for
repayment by recipients through the betterment procedure pursuant
to Chapter 111 , Section 127bl / 2 and Massachusetts General Laws ,
Chapter 80 , and to authorize the Town Treasurer , with the approval
of the Board of Selectmen , to borrow this sum of money , under and
pursuant to Massachusetts General Laws , Chapter 44 , or any other
enabling authority and to issue notes and bonds of the Town
therefor , and to fix the minimum rate of interest to be charged the
recipients and to be repaid by them as part of their payment
obligation to the Town at two ( 2 % ) per cent above the rate charged
the town , or to take any other action relative thereto .
( Board of Health )
ATM 5 / 1 / 95
PUBLICATION/ BREwSTER MAP AND GUIDE
ARTICLE 33 . To see if the Town will vote to raise and
appropriate , and / or transfer from available funds , the sum of
Fourteen Thousand and 00 / 100 ( 5143000 . 00 ) Dollars to assist with
the annual publication of the Brewster Book and Map Guide , which
advertises the Town ' s attractions , amenities , and services : and to
pay for the expenses of the operation of the tourism information
systems by the Brewster Board of Trade Inc . , and Brewster Chamber
of Commerce , or to take any other action relative thereto .
( Citizen ' s Petition )
HUMAN SERVICES
ARTICLE 34 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds these sums of
money , for the following organizations :
1 . Cape Cod Child Development Program , Inc . $ 4 , 456 . 00
2 . Nauset , Inc . 5 , 700 . 00
3 . Cape Cod Council on Alcoholism 4 , 000 . 00
4 . Lower Cape Human Services Committee , Inc . 91809 . 00
5 . Cape Cod Human Services , Inc . 61792 . 00
6 . Leal Services of Cape Cod 3 , 150 . 00
7 . Sight Loss Services , Inc . 800 . 00
8 . Independence House , Inc . 2 , 073 . 00
9 . Lower Cape Outreach Council , Inc . 27800 . 00
10 . Consumer Assistance Council , Inc . 1 . 000 . 00
TOTAL $ 40 , 580 . 00
for a total of Forty Thousand Five Hundred Eighty and 00 / 100
( $ 40 , 580 . 00 ) Dollars and to authorize the Board of Selectmen , Board
of Health , and the School Committee , as appropriate , to enter into
contracts with these organizations in order to provide those
desired social services for residents of Brewster , or to take any
other action relative thereto .
( Citizen ' s Petition / Board of Health )
JUICE BAR FUNDING
ARTICLE 35 . To see if the Town will vote to raise and
appropriate and / or transfer from available funds the sum of Five
Thousand and 00 / 100 ( $ 5 , 000 . 00 ) Dollars to finance operational
costs relative to the operation of a juice bar for Brewster
at from the Nauset Regional School District and to authorize
the Nauset Regional School Committee to enter into a contract or
contracts for said services , and expend said funds for this
purpose , or to take any other action relative thereto .
( Citizen ' s Petition )
ATM 5 / 1 / 95
DOMESTIC PARTNERSHIP BYLAW
ARTICLE 36 . To see if the Town will vote to accept the
following bylaw as Chapter 118 0 £ the Code of the Town of Brewster :
TOWN OF BREWSTER
BYLAW GOVERNING THE CREATION ,
TERMINATION , AND EFFECT OF DOMESTIC PARTNERSHIP
Section 1 . Definition of a Domestic Partnership
A . A domestic partnership shall exist between two persons of
the same sex if the following is true :
( 1 ) The persons are not related by blood closer than
would bar marriage in the State of Massachusetts ;
( 2 ) Neither person is married or related by marriage ;
( 3 ) The persons share the common necessities of life ;
( 4 ) The persons are eighteen ( 18 ) years old or older ;
( 5 ) The persons are competent to enter a contract ;
( 6 ) The persons declare that they are each other ' s sole
domestic partner ;
( 7 ) The persons are responsible for each other ' s sole
domestic partner ;
( 8 ) The persons agree to notify the Town of any change
in the status of their domestic partnership ;
( 9 ) Neither person has declared that he or she has a
different domestic partner ;
( 10 ) The persons file a statement of domestic partnership
as set forth in Section 2 of this regulation ;
Section 2 . Statement of Domestic Partnership ,
A . Contents
Domestic partners may make an official record of their domestic
partnership by completing , signing and submitting to the Town Clerk
a statement of domestic partnership . Persons submitting a
statement of domestic partnership must declare under penalty of
perjury ;
( 1 ) The persons are not related by blood closer than
would bar marriage in the State of Massachusetts :
{ 2 ) Neither person is married or related by marriage ;
( 3 ) The persons share the common necessities of life ;
( 4 ) The persons are eighteen ( 18 ) years of age or older ;
( 5 ) The persons are competent to enter a contract ;
( 6 ) The persons declare that they are each other ' s sole
aomestic partner ;
( 7 ) The persons agree to be responsible for each other ' s
welfare ; ,
( 8 ) The persons agree to notify the Town of any change
in the status of their domestic partnership ;
( 9 ) Neither person has declared that he or she has a
different domestic partner .
The domestic partnership statement shall include the date on
which the persons became each other ' s domestic partner and the
address or addresses of both partners .
Be Amendment of Domestic Partnership Statement .
Partners may amend the statement at any time in order to
change an address by filing a new statement .
C . Termination of Domestic Partnership .
Any member of a domestic partnership may terminate the
domestic partnership by filing a termination statement
with the Town Clerk . The person filing the termination
statement must declare under penalty of perjury ( 1 ) The
domestic partnership is terminated and ( 2 ) A copy of the
termination statement has been mailed to the other
domestic partner .
ATM 5/ 1 / 95
D . New Statements of Domestic Partnership .
No person who has filed an affidavit of domestic
partnership may file another statement of domestic
partnership until six ( 6 ) months after a statement of
termination of a previous partnership has been filed with
the Town Clerk .
Section 3 . Filing of Statements
A . Anyone who signs a statement of domestic partnership
may not file another statement of domestic
partnership until six ( 6 ) months after a statement
of termination of a previous partnership has been
filed with the Town Clerk .
B . Form of Statements
All statements relating to domestic partnership
shall be executed as a declaration made under
penalty of perjury . The Town Clerk shall provide
forms as necessary to interested individuals .
Co Fees for Statements
( 1 ) The Town Clerk shall charge a fee for filing a
domestic partnership statement , a termination
of domestic partnership statement , and for an
amendment to a domestic partnership statement .
The amount of this fee shall be determined by
the Town Clerk .
( 2 ) Payment of the above fee entitles the person
filing a statement on behalf of the domestic
partnership to have two copies of the statement
certified by the Town Clerk . Certification of
additional copies at the time of filing time
shall cost an amount per copy to be determined
by the Town Clerk . Certification of
additional copies at any other time shall cost
an amount per copy to be determined by
the Town Clerk .
Section 4 . Town Clerk ' s Records .
The Town Clerk shall maintain adequate records of
domestic partnership statements showing which domestic
partnerships have been created , terminated , or amended .
Section 5 . Civil Actions .
Any person defrauded by a false statement contained in
a statement may bring a civil action for fraud to
recover his or her losses .
Section 6 . Forms .
The following forms shall be sufficient proof of the
creation or termination of domestic partnership .
A . STATEMENT OF DOMESTIC PARTNERSHIP
We , the undersigned , do declare that ;
( 1 ) We are not related by blood ;
( 2 ) Neither of us is married , nor are we related by
marriage ;
( 3 ) We share the common necessities of life ;
( 4 ) We are each other ' s domestic partner , and we
have been each other ' s domestic partner since
( 5 ) We are the sole domestic partner of each other
and have no other domestic partners ;
( 6 ) We are both over 18 years of age ;
( 7 ) We are responsible for each other ' s welfare ;
( 8 ) We agree to notify the town of any change in
the status of our domestic partnership
arrangement .
ATM 5 / 1 / 95
I declare under penalty of perjure- under the laws of
the Commonwealth of Massachusetts that the
statements above are true and correct .
Executed on 19 at
Massachusetts
Signed :
Print :
Address :
Telephone Number :
( B ) STATEMENT TERMINATING DOMESTIC PARTNERSHIP
I , the undersigned , do declare that :
1 . ( Name of individual as shown on statement of
domestic partnership ) and I are no longer
domestic partners ; and ,
2 . I mailed my former domestic partner a copy of
this notice at on
19
I declare under penalty of perjury under the laws of
the State of Massachusetts that the statements above
are true and correct .
Executed on 19 at
Massachusetts
Signed :
Print :
Address :
Telephone Number :
or to take any other action relative thereto .
( Citizen ' s Petition )
STABILIZATION FUND
ARTICLE 37 . To see if the Town will vote to add a sum
of money to the Stabilization Fund and to raise and appropriate
and / or transfer from available funds a sum of money for this
purpose , or to take any other action relative thereto .
( Board of Selectmen
ATM 5 / 1195
ARTICLE 38. . 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 hands and Seal of the Town of Brewster
affixed this third day of April , 1995 .
I, .
John Mitche airma
G or"4"W, V . / FFl /mmi " ic -Chairman
-LGA`----
B uce W . Anderson
qw 1hri tine Durgin
Richard Lazarus
ATMs 5 / 1 / 95
I , Roland W . Bassett , duly qualified Constable for the Town of
Brewster , hereby certify that I served the Warrant for the Annual
Town Meeting of May 1 . 1995 , be posting attested copies there , in
the following locations in the Town of Brewster on the 7
day of April , 1995 , in accordance with the Town Bylaws :
Brewster Town Hall
The Brewster Store
U . S . Post Office
Brewster Farm Market
The Candy Store
Millstone Liquors
i
i�
'Date Roland W . Bassett , Constable