HomeMy Public PortalAbout1993-11-15 Special Town Mtg Report Report of the
FALL YEARLY TOWN MEETING
November 15 , 1993
In accordance with the Warrant , the Fall Yearly Town Meeting was
held in the Brewster Elementary School Cafetorium , Monday , November
15 , 1993 .
The meeting was called to order at 7 : 00 p . m . by the Moderator ,
Stephen L . Doyle . The Tellers were : June Gallant , Ruth Hanlon ,
Althea Alling , Eleanor Nielsen , William Nielsen , and Carolyn Smith ,
The Checkers were Helen Allen , Mildred Unger , Sherry Ryder , Sharon
Morgan , Lois Curcio , Catherine Flaherty , Elizabeth Hardy , Robert
Hardy , Eileen Karwoski , Patricia Kelsey , John Unger , and Liana
Rasmussen .
A quorum was present .
The Town Clerk , Joan K . Cole 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 .
ARTICLE 1 . HAZARDOUS WASTE COLLECTION DAY
ARTICLE 1 . To see if the Town will vote to authorize the Board
of Health to enter into a contract or contracts to hold a Household
Hazardous Waste Collection Day and to transfer from available funds
the sum of Fifteen Thousand and 00 / 100 ( $ 15 , 000 . 00 ) Dollars and to
authorize the Board of Health to solicit bids , enter into contracts
and expend said funds for this purpose , or to take any other action
relative thereto .
( Board of Health )
MOTION : I move that the Town vote to approve Article 1 as printed
in the warrant and to transfer from Free Cash the sum of $ 15 ,
000 . 00 for this purpose .
ACTION : ADOPTED
ARTICLE 2 . WATER BETTERMENT / T WAY
ARTICLE 2 . 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 consisting
of approximately One thousand four hundred ( 1 , 400 ' ) feet of eight
( 8 " ) inch pipe from Pond View Drive to the full length of Lee ' s Way
in the Town of Brewster ; to authorize the Board of Water
Commissioners 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 ;
to transfer from available funds a sum of money to defray the
initial costs of this project ; to transfer from available funds ,
and / or to obtain by borrowing the sum of $ 30 , 000 . 00 to pay for the
costs of engineering , construction and related expenses in
connection therewith ; to authorize the Town Treasurer , with the
approval of the Board of Selectmen , to borrow a sum of money under
and pursuant to the 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 any
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 ; and to transfer from available
funds a sum of money raised through the betterment assessment of
abutting landowners the Town ' s costs and expenses for this project ,
or to take any other action relative thereto .
( Water Commission )
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MOTION : I move that the Town vote to approve Article 2 as printed
in the warrant and to transfer from the Water Betterment Receipts
Reserved for Appropriation Account the sum of $ 30 , 000 . 00 for this
purpose .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 3 . ROAD BETTERMENT / PURITAN DRIVE
ARTICLE 3 . To see if the Town will vote to authorize the Board
of Selectmen to lay out and make public the private way known as
Puritan Drive in accordance with Article 50 ( Betterment
Assessments ) of the Mac 1974 Annual Town Meeting ; to authorize the
Board of Selectmen to acquire by gift , by purchase , or by eminent
domain all lard , 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 transfer from
available funds , and / or to obtain by borrowing the sum of Twenty-
Two Thousand Three Hundred Five and 00 / 100 ( $ 22 , 305 . 00 ) Dollars 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 a sum of money , under and pursuant to the
Massachusetts General Laws , Chapter 44 , Section 7 and any other
enabling authority and to issue notes and bonds of the Town
therefor ; and , initially , to 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 )
MOTION : I move that the Town vote to approve Article 3 as printed
in the warrant and to transfer from the Road Betterments Receipts
Reserved for Appropriation Account the sum of $ 22 , 305 . 00 for this
purpose .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 4 . QUORUM BYLAW
ARTICLE 4 . To see if the Town will vote to amend the Code of
the Town of Brewster , Chapter 48 , Article III , Section 48 - 5 by
repealing the present Section , which reads as follows :
A Town meeting shall require the presence of at least
five percent ( 5 % ) of the registered voters of the Town of
Brewster , as of the previous December 31 , for a quorum ,
and by substituting therefor the following as a new Section 48 - 5 :
If otherwise properly convened , an Annual or Special
Town Meeting may be conducted without any particular minimum
number of registered voters in attendance ,
or to take any other action relative thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to approve Article 4 as printed
in the warrant .
MOTION : I move that the Town will vote to amend the Code of the
Town of Brewster , Chapter 48 , Article III , Section 48 - 5 , that it
shall read :
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A Town Meeting , regular or special sessions , shall
require the presence of at least 3 per cent of the registered
voters of the Town of Brewster , as of the previous December 31 , for
a quorum .
ACTION : DEFEATED
ACTION ON MAIN MOTION : DEFEATED
ARTICLE 5 . INTERMUNICIPAL AGREEMENT AMENDMENT
ARTICLE 5 . To see if the Town will vote to authorize the Board
of Selectmen to enter into an amended intermunicipal agreement
( available for inspection at the Town Clerk ' s Office ) which
concerns the operation of the Orleans , Eastham and Brewster Ground
Water Protection District , facilities , and arrangements and which ,
if approved , will become effective on July 1 , 1994 , or to take any
other action relative thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to indefinitely postpone
consideration of Article 5 .
ACTION : ADOPTED UNANIMOUSLY TO INDEFINITELY POSTPONE
ARTICLE 6 . ENVIRONMENTAL PROTECTION BYLAW
ARTICLE 6 . To see if the Town will vote to petition the General
Court to enact special legislation in essentially the following
form :
Septic Betterment Proeram
The Town of Brewster shall have the authority to provide financial
assistance to its property owners through a program promoting
compliance with the Town ' s requirements to repair and / or upgrade
private septic systems . When an existing septic disposal system
constitutes a present or potential threat to human health , safety ,
welfare or the environment , the Town is authorized to use public
monies to assist property owners to fund improvements or upgrades
of their existing system .
The Town is authorized to borrow and incur debt for the
purposes of cleanup , abatement , repair , and / or septic system
upgrade pursuant to this section . This agreement shall be recorded
as a betterment pursuant to section two of chapter eighty of the
General Laws , and the amount assessed shall be a lien on the
property pursuant to section five of said chapter eighty and may be
apportioned and reapportioned pursuant to section thirteen of said
chapter eighty ; provided , however , that such assessment shall bear
interest at a rate determined by the Board of Health by agreement
with the property owner , but , in no event , shall such interest be
less than the rate of interest chargeable to the Town for the
financing of such cleanup , abatement , repair , and / or upgrade . Any
such borrowing shall not be included for the purpose of computation
of the levy or borrowing limits otherwise imposed upon the Town by
the Massachusetts General Laws .
The Board of Health is hereby authorized to establish
regulations governing the operation of this program after an
advertised public hearing . Said Board of Health shall establish
guidelines on eligibility and evaluate all applications with
reference to said guidelines .
The applicant ( who must be the property owner or owners ) for
funding must submit a signed petition and a deed or a certificate
of title to the Board of Health by October 15th of each year . The
petition shall include the septic system plans and specifications ,
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designed by a licensed Civil or Sanitary Engineer or a Registered
Sanitarian . Said plans shall meet the minimum requirements for
subsurface disposal of household wastewater as established by the
State Environmental Code ( 310 CMR 15 . 00 ) , commonly known as Title
5 , or where stricter , the regulations adopted by the Brewster Board
of Health . In addition , the application shall include a Disposal
Works Construction Permit , issued by the Brewster Board of Health .
An agreement between an owner and the Board of Health pursuant
to this section shall not be considered a breach of a limitation or _
prohibition contained in a note , mortgage or contract on the
transfer of an interest in property .
The Board of Health shall obtain construction estimates
according to the scope of work outlined in the plans and
specifications submitted by the petitioner . The Board of Health
shall hold a public hearing on the application after due notice to
the petitioner . The Board of Health shall provide an estimate of
all costs to be levied against said petitioner , including
engineering , legal , construction , administrative , interest plus 2 %
and other related expenses . Upon receipt of the approval of the
estimated costs by the property owner , the Board of Health will
seek funding by an Annual Town Meeting . Upon funding approval ,
the Board of Health shall obtain bids in accordance with the
provisions of Chapter 30B of the Massachusetts General Laws .
Within six ( 6 ) months after the construction has been completed ,
the total costs for installation and maintenance shall be assigned
to the petitioner , and the time for payment , not to exceed fifteen
( 15 ) years , shall be specified . Monies repaid to the Town for
Septic Betterments shall be deposited into a separate receipts
reserved account .
The total cost of the project shall not exceed the estimate ,
and the Town shall not be responsible for any additional costs
related to upkeep or maintenance ; if , through any eventuality , the
cost of the project should exceed the estimate , the excess shall be
the responsibility of the property owner . Upon the approval of the
betterment application and following notice thereof , the property
owner may , within thirty ( 30 ) days , pay the total cost of the
project . Should the property owner not elect such a payment , the
Tax Collector shall bill the property owner for ten ( 10 % ) per cent
of the total cost . With the next real estate tax bill , the Tax
Collector shall bill the property owner the apportioned amount of
the balance of the total cost , and this balance may be apportioned
over a period not exceeding fifteen ( 15 ) years . At any time during
the remainder of the payment period , the property owner may elect
to pay in full the balance still remaining . The Town shall have a
lien to secure payment in the same manner as it acquires a lien for
a betterment assessment under Chapter 80 .
or to take any other action relative thereto .
( Septic Upgrade Betterment Reserved for
Appropriation Account Committee )
MOTION : I move that the Town vote to approve Article 6 as printed
in the warrant .
ACTION : ADOPTED
ARTICLE 7 . HUMAN SERVICES ARTICLE
ARTICLE 7 . To see if the Town will vote to transfer from
available funds these sums of money , for the following
organizations :
1 . Cape Cod Child Development Program , Inc . $ 4 , 500 . 00
2 . Nauset , Inc . 51581 . 00
3 . Cape Cod Council on Alcoholism
and Drug Dependence , Inc . 31500 . 00
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4 . Lower Cape Human Services Committee , Inc . 9 , 809 . 00
5 . Cape Cod Human Services , Inc . 57359 . 00
6 . Access House , Inc . 655 . 00
7 . Legal Services of Cape Cod 35000 . 00
8 . Sight Loss Services , Inc . 800 . 00
9 . Independence House , Inc . 15798 . 00
10 . Cape and Islands Self - Reliance Corporation 1 , 500 . 00
- 11 . Lower Cape Outreach Council ( New Request ) 27500 . 00
12 . Consumer Assistance Council ( New Request ) 1 . 000 . 00
Total $409002 . 00
for a total of Forty Thousand Two and 00 / 100 ( $ 40 , 002 . 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 )
MOTION : I move that the Town vote to approve Article 7 as printed
in the warrant and to transfer the sum of $ 40 , 002 . 00 from Free Cash
for this purpose .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 8 . LEGAL DEFENSE FUND / OUTFALL PIPE
ARTICLE 8 . To see if the Town will vote to transfer from
available funds the sum of Ten Thousand and 00 / 100 ( $ 10 , 000 . 00 )
Dollars for the purpose of contributing to a legal defense fund for
the benefit of all Towns in Barnstable County regarding the
construction and operation of the Massachusetts Water Resources
Authority Outfall Tunnel , said funds to be spent under the
direction of the Board of Selectmen within the limits fixed by law
and for only those purposes permitted by law , or to take any other
action relative thereto .
( Citizen ' s Petition )
MOTION : I move that the Town vote to approve Article 8 as printed
in the warrant and to transfer from Free Cash the sum of $ 10 , 000 . 00
for this purpose .
ACTION : DEFEATED
ARTICLE 9 . PUBLICATION / BREWSTER MAP & GUIDE
ARTICLE 9 . To see if the Town will vote to transfer from
available funds the sum of Seven Thousand and 00 / 100 ( $ 7 , 000 . 00 )
Dollars to assist with the annual publication of the Brewster Book
and Map Guide , which advertise the Town ' s attractions , amenities
and services ; and to pay for the expenses of the operation of the
Tourism Information Booth by the Brewster Board of Trade , Inc . , and
Brewster Chamber of Commerce , Inc . , or to take any other action
relative thereto .
( Citizen ' s Petition )
MOTION : I move that the Town vote to approve Article 9 as printed
in the warrant and to transfer from Free Cash the sum of $ 7 , 000 . 00
for this purpose .
MOTION : I move that the Town vote to amend Article 9 to transfer
from Free Cash the sum of $ 3 , 600 . 00 for this purpose .
ACTION ON AMENDED MOTION : DEFEATED YES 251 NO 266
ACTION ON MAIN MOTION : ADOPTED
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ARTICLE 10 . HOME SERVICE PROVIDER PROGRAM
ARTICLE 10 . To see if the Town will vote to transfer from
available funds the sum of Four Thousand Four Hundred and 00 / 100
( $ 4 , 400 . 00 ) Dollars in order to continue the Home Service Provider
Program that is currently administered by the Council on Aging and
reimbursed by Elder Service Title IIIB program on a regular basis ,
or to take any other action relative thereto .
( Council On Aging )
MOTION : I move that the Town vote to approve Article 10 as
printed in the warrant and to transfer from Free Cash the sum of
$ 4 , 400 . 00 for this purpose .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 11 . ADVERTISING EXPENSE
ARTICLE 11 . To see if the Town will vote to transfer from
available funds a sum of money to fund advertising and related
expenses relative to a project , being developed jointly by the
Board of Trade , Chamber of Commerce and the Brewster Golf
Commission to increase local tourism by promoting Brewster
destination room and golf off season vacation packages , or to take
any other action relative thereto .
( Citizen ' s Petition )
MOTION : I move that the Town vote to indefinitely postpone
consideration of Article 11 .
ACTION : ADOPTED UNANIMOUSLY TO INDEFINITELY POSTPONE
ARTICLE 12 . UNPAID BILLS
ARTICLE 12 . To see if the Town will vote to transfer from
available funds a sum of Five Hundred Sixty - Nine and 00 / 100
( $ 569 . 00 ) Dollars to pay unpaid bills from a pervious fiscal year :
1 . Crocker Nurseries $ 103 . 00
2 . Lower Cape Typewriter 14 . 00
3 . O . B . Maxwell Company , Inc . 86 . 00
4 . CVS # 1859 Third Party Dept . 104 . 00
5 . Robert Lopes 262 . 00
Total $ 569 . 00
or to take any other action relative thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to approve Article 12 as
printed in the warrant and to transfer from Free Cash the sum of
$ 569 . 00 for this purpose .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 13 . BUDGETARY TRANSFERS
ARTICLE 13 . 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 to be used during
the current fiscal year to pay shortfalls that would otherwise
exist in the Fiscal Year 1994 Budget of other departments , or to
take any other action relative thereto .
( Board of Selectmen )
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MOTION : I move that the town vote to approve Article 13 and to
transfer various funds to finance Fiscal Year 1994 shortfalls , as
follows :
a . Transfer the sum of $ 2 , 345 . 00 from Line Item 42 of Article
3 of the 1993 Annual Town Meeting ( Solid Waste Disposal
Expense ) to Line Item 38 of Article 3 of the 1993 Annual
Town Meeting ( Wiring Inspector Wages ) .
b . Transfer the sum of $ 7 , 500 . 00 from Line Item 42 of Article
3 of the 1993 Annual Town Meeting ( Solid Waste Disposal
Expense ) to Line Item 32 of Article 3 of the 1993 Annual
Town Meeting ( Fire / Rescue Department Wages )
c . Transfer the sum of $ 9 , 630 . 00 from Line Item 42 0 £ Article
3 of the 1993 Annual Town Meeting ( Solid Waste Disposal
Expense ) to Line Item 51 of Article 3 of the 1993 Annual
Town Meeting ( Golf Department Expenses ) .
ACTION : ADOPTED
ARTICLE 14 . TOWN GOVERNMENT REVIEW COMMITTEE
ARTICLE 14 . To see if the Town will vote to create a Town
Government Review Committee , consisting of seven ( 7 ) members , to be
appointed by the Board of Selectmen , to undertake a study of the
town government organization and structure , said committee members
will be appointed for successive one - year terms until the work of
the committee is completed , or to take any other action relative
thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to approve Article 14 as
printed in the warrant .
ACTION : ADOPTED
ARTICLE 15 . ZONING BYLAW AMENDMENT
ARTICLE 15 . To see if the Town will vote to amend the Zoning
Bylaw as follows :
RENUMBER Chapter 179 , Article XII entitled " Amendment and
Validity " , Sections 179 - 60 and 179 - 61 as Chapter 179 , Article XIII ,
entitled " Amendment and Validity " , Sections 179 - 67 and 179 - 68 .
ADD new section as Chapter 179 , Article XII , entitled , " Corridor
Overlay Protection District " as follows :
ARTICLE XII
Corridor Overlay Protection District
179 - 60 Findings .
The Town of Brewster finds that :
A . Brewster ' s numerous road corridors contain valuable
historic , environmental , cultural and scenic resources , and
serve as major transportation routes throughout the Town .
B . The 1992 Route 6A Corridor Study was conducted to identify
potential threats from future development upon the Town ' s
resources , and to assess the future ability of the Town ' s
road network to serve as a safe and efficient transporta-
tion system . Study results indicate that a considerable
amount of development is still possible in Brewster which ,
if realized , would result in unacceptably low levels of
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service along Route 6A as well as several other road
corridors , resulting in increased congestion and safety
hazards .
C . Poorly designed development which is not compatible with
the character of the corridors threatens their valuable
historic , cultural and scenic resources .
D . If the Town ' s numerous road corridors , including Route 6A ,
are to continue to serve as viable transportation routes ,
as well as historic and cultural assets to the Town of
Brewster , comprehensive performance and design standards
for development are necessary .
179 - 61 Purpose :
The purpose of this bylaw is to protect public health , safety and
welfare through the preservation of the Town ' s transportation
corridors , and protection of its historic and cultural assets , for
the residents and visitors of the Town of Brewster . The
designation of the Corridor Overlay Protection District and careful
regulation of development activities within the district can reduce
the potential number of vehicular trips along the Town ' s road
systems , thereby reducing congestion and improving safety . The
adoption of standards for transportation , access , parking ,
landscaping and appearance are necessary to ensure that future
development will not degrade the existing character of the Town ' s
roadways , and will maintain or enhance the ability of the corridors
to serve as cultural assets for the residents and visitors of the
Town of Brewster .
179 - 62 Corridor Overlay Protection District Applicability
The Corridor Overlay Protection District , as herein described ,
shall be considered to be superimposed over any other district
established in this bylaw and shall include all land identified on
the Town of Brewster Zonine Districts Map . Land in the District
may be used for any purpose otherwise permitted in the underlaying
district , subject to the restrictions described in Article % II .
179 - 63 Use Regulations
A . Permitted Uses . Within the Corridor Overlay Protection
District , the following uses / activities are permitted with -
out need for obtaining a Special Permit under this section :
One - family dwellings ; one - family dwelling unit for the
protection of property allowed in the CH and VB District ;
buildings and structures accessory to residential use ; and
two - family dwellings .
B Special Permit Uses .
( 1 ) Unless exempted by Section 179 - 63 ( A ) , above , the
following uses / buildings shall be allowed only if
granted a special permit in accordance with this Section
( 179 - 63 ) and Section 179 - 51 .
( a ) increase in lot area coverage by more than 500 square
feet through the addition of a new principal _
building , a new accessory building , or a building
addition if this results in an increase of lot
coverage by 10 % or more .
( 2 ) The Special Permit Granting Authority ( SPGA ) shall be
the Planning Board .
( 3 ) Such special permit may be granted if the SPGA
determines that the intent , purposes and standards of
Article % II , and Section 179 - 51 Special Permits , are
met .
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( 4 ) with the exception of special permits authorized by
Section 179 - 28 ( Change of nonconforming uses ) of the
Zoning Bylaw , any use requiring a special permit under
a separate section of this bylaw shall be able to obtain
a single special permit , provided the proposed use meets
the conditions for special permit approval specified
under all applicable sections of this bylaw . Should a
use or activity require more than one special permit as
a result of this Section , the Planning Board shall be
the SPGR for all required special permits .
( 5 ) Uses requiring a special permit under this Section may
also be required to apply to the Development Plan Review
Committee as set forth in Chapter 83 ( Article 11 1990
STM ) - Development Plan Review Bylaw . The permit and
procedural review afforded by the Development Plan
Review process is believed to greatly benefit both the
applicant and relevant Town boards , committees and
departments . As a result , applicants are urged to apply
to , and meet with , the Development Plan Review Committee
prior to making application to the SPGR . For projects
generally recognized as large or complicated , and when
requested by an applicant , the SPGA and the Development
Plan Review Committee may conduct a joint hearing on an
application pending before the SPGA and the Committee .
C . Village Business District : Levels and Standards of
Development
Development within the Village Business District impacts the
Route 6A corridor and the Town in varying degrees ( e . g .
traffic , visual quality , removal of natural vegetation , etc . ) .
In recognition of the fact that different types and sizes of
development may need to be reviewed according to different
standards , this bylaw establishes thresholds , approval
criteria and flexibility for Major Developments within the
Village Business District .
( 1 ) Major Village Business District Development
A Major Village District Development is hereby defined as any
use that will :
( a ) result in the construction of a new or the expansion
of an existing principal or accessory building , such that the
total interior floor area of all the buildings ( principal
and accessory ) equals or exceeds 6 , 000 square feet ; and / or
( b ) occur on a lot containing 40 , 000 or more square feet .
Any use that does not meet the criteria of ( a ) or ( b ) above
shall be considered a minor Village Business District
Development . The following sections ( Section 179 - 63 Co 2 and
3 ) shall apply only to Major Village Business District
Developments .
( 2 ) Major Village Business District Development : FAR Bonus
Major Village Business District Developments may be entitled
to an increase in the floor area ratio permitted under
Section 179 - 16 , Table 3 of the Zoning Bylaw under certain
circumstances provided specific conditions can be met . The
SPGA shall have sole authority in determining whether the
floor area ratio bonus is appropriate and shall base their
determination on the criteria of G . L . 40A , Section 9 ,
Section 179 - 51 of the Zoning Bylaw and the standards
established within this Article ( Article XII ) .
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( a ) FAR Bonus Limitation
The SPGA may grant a bonus of floor area ratio to any Major
Village Business District Development up to three percent
( 3 % ) beyond that established by Section 179 - 16 , Table 3 . For
example , a permitted floor area ratio of 0 . 15 as established
by Table 3 could be increased to a maximum of 0 . 18 by the
SPGR .
( b ) Decision Criteria
In addition to the decision criteria for special permits
established by the Zoning Act and the Town of Brewster , the
SPGA shall take into consideration whether the increase in
floor area ratio , when combined with any or all of the
criteria noted below , will result in a development that is
at least as beneficial to the Town as the development
without an increase in floor area ratio .
( 1 ) Degree to which the development will be buffered
from the roadway with new landscaping or the pre -
servation/ enhancement of existing natural
vegetation ;
( 2 ) Degree to which the development is harmonious
with abutting properties , structures and natural
resources ;
( 3 ) Degree to which the development will rely on
non transient vehicle trips ( e . g . parked automobiles
remaining stationary for over three hours per day ) ;
( 4 ) Degree to which the development exceeds the
minimum standards established by this Article ( XII ) ;
( 5 ) Degree to which the SPGA is satisfied that an
increase of floor area ratio is beneficial to the
Town of Brewster ;
( 6 ) Degree to which the development will share
access and egress points with abutting properties
and the permanency of the agreement authorizing the
sharing of access and egress points ;
( 7 ) Degree to which parking and loading facilities
will be screened from the roadway ( s ) ( e . g . parking
and loading facilities will be limited to rear and
side yards ) ;
( 8 ) Degree to which other relevant and related
factors are met .
( 3 ) Major Village Business District Development :
Reduction in Required Parking Spaces
Major Village Business District Developments may be entitled
to a reduction in the off - street parking requirements of
Section 179 - 22 , Table 4 of the Zoning Bylaw under certain
circumstances provided specific conditions can be met . The _
SPGR shall have sole authority in determining whether the
reduction is appropriate and shall base their determination
on criteria of G . L . 40A , Section 91 Section 179 - 51 of the
Zoning Bylaw and the standards established within this
Article ( Article XII ) .
( a ) Off - street Parking Reduction Limitation
The SPGA may allow a reduction in off - street parking
requirements for any Major Village Business District
Development of up to twenty percent ( 20 % ) below that
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established by Section 179 - 22 , Table 4 ( For example , a
development required to provide 40 off - street parking spaces
as established by Table 4 could be allowed by the SPGA to
decrease the total number of parking spaces to a minimum of
32 ) .
( b ) Decision Criteria
In addition to the decision criteria for special permits
established by the Zoning Act and the Town of Brewster , the
SPGA shall take into consideration whether the reduction in
parking spaces , when combined with any or all of the criteria
noted below , will result in a development that is at least as
beneficial to the Town as the development without a decrease
in the number of parking spaces .
( 1 ) Degree to which the development will result in
shared use of parking spaces by activities having
different peak demand times ;
( 2 ) Degree to which the development has a binding and
permanent agreement with abutting or nearby ( e . g . within
300 feet ) property owners to share underutilized parking
spaces already in existence ;
( 3 ) Degree to which the development exceeds the minimum
standards established by this Article ( XII ) ;
( 4 ) Degree to which the SPGA is satisfied that a
decrease of parking is beneficial to the Town of
Brewster ;
( 5 ) Degree to which other relevant and related factors
are met .
179 - 64 Transportation , Access , Parking , Landscaping and Appearance
Standards
All uses requiring a special permit under this section shall meet
the following standards as a condition for approval . The purpose
of these standards is to improve roadway safety and internal site
circulation , aesthetics and retention of historic character .
A . Transportation Standards
( 1 ) Proposed uses shall not degrade the existing levels of
service of surrounding roads and intersections ,
including Route 6A , below level of service C , as
defined by American Association of State Highway and
Transportation Officials standards , based on summer
peak hour traffic volumes . where existing levels of
service are below these specified levels , the proponent
shall maintain or improve performance indicators for
level of service .
( 2 ) Sight distance at any driveway serving at least 20
trips per day shall meet American Association of State
Highway and Transportation Officials standards as well
as those set forth in Brewster ' s Sight Line Bylaw
( Chapter 157 , Article 6 of the Town Code ) . These
standards shall be based on observed travel speeds .
B . Access Standards
( 1 ) The number of curb cuts on Route 6A , Route 124 , Route
137 , Underpass Road and Tubman Road shall be minimized .
To the extent feasible , access to businesses shall be
provided through one of the following means :
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( a ) Access through a common driveway serving adjacent
lots or premises ;
( b ) Access through an existing side or rear street ; or
( c ) Access through a cul - de - sac or loop road shared by
adjacent lots or premises .
( 2 ) The special permit granting authority may relax setback
requirements to accommodate joint driveways in cases
where it is deemed advantageous to the town .
( 3 ) Existing businesses are encouraged to consolidate
existing access points , especially in cases where
separate parcels are assembled under one purpose , plan ,
entity or usage .
( 4 ) Businesses shall be permitted one access driveway by
right . Two driveways shall only be permitted when
deemed necessary by the SPGA and shall be clearly
marked " entrance " and " exit " .
( 5 ) Driveways shall be designed to provide exiting
motorists with safe sight distance .
( 6 ) Internal circulation shall be provided among adjoining
premises to encourage internal property to property
pedestrian , bicycle and vehicular movements .
( 9 ) An occupancy permit shall not be issued for proposed
developments requiring access on a state highway until
a permanent state curb cut permit is issued and all
necessary site improvements are completed . A bond or
similar guarantee may be posted with the Town in
instances where it is impractical to complete all
necessary site improvements due to weather or seasonal
constraints . The Building and Zoning Commissioner is
authorized to determine the appropriate value of the
bond or guarantee .
( 8 ) All access drives shall be separated by a least 120
feet in the CH district and VB district , as measured
between the centerline of each access drive at the
street line . This standard may only be modified in
cases where the SPGA believes it is in the best
interest of the Town to do so .
C . Parking Design Standards
The Town of Brewster recognizes that reliance on rigid
parking and loading lot standards precludes the development
of parking lots that are sensitive to the Town ' s historic
and rural character . Yet it also recognizes that some
standards for parking and loading lot design are required
provided they can be administered with flexibility given
the individual requirements of development proposals and
the parcels on which they are proposed . To that end , the
SPGA is hereby authorized to relax any and all of the
numerical standards established by Section 199 - 23 ( Parking
and loading lot standards ) provided the SPGA believes that
such relaxation will not conflict with the minimum _
standards established by this bylaw or the purpose of this
bylaw and will result in a development that is at least as
beneficial to the Town of Brewster as the development with-
out a relaxation of the numerical standards . The following
guidelines are set forth to assist the applicant and SPGA
design parking and loading lots in keeping with the need
for flexibility .
( 1 ) Loading and unloading areas shall be provided of a
sufficient size to accommodate the numbers and types of
vehicles likely to use the premises , given the nature of
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FYTM 11 / 15/ 93
the development proposed . Loading and unloading areas
shall be located and designed to allow vehicles to
safely maneuver to and from a public right - of - way and to
prevent obstruction or interference with a public right -
of -way , parking space or parking aisle .
( 2 ) Loading areas shall be provided to the rear of the lot ,
wherever possible .
( 3 ) Parking areas shall be located to the side or rear of
the structure * No parking is permitted in the required
front yard setback for the structure .
( 4 ) To the extent possible , parking areas shall be shared
with adjacent businesses and should be situated to the
side and rear of the lot ( frontage on Route 6A shall be
considered the " front " of the lot ) .
( 5 ) In cases where shared parking is provided , the SPGA may
permit a reduction in necessary spaces since
complimentary uses may require less total parking area
than each use individually .
( 6 ) Bicycle users shall be accommodated by providing on- site
bicycle parking storage and bicycle and walking paths .
( 7 ) Drainage facilities shall be designed and constructed
for parking areas in such a way as to contain and treat
stormwater runoff on the premises , as well as comply
with design standards referred to in Section 179 - 57 of
the Zoning Bylaw .
D . Landscaping , Design and Appearance Standards
( 1 ) Where feasible and without interfering with vehicular or
pedestrian safety , a landscaped buffer strip shall be
provided adjacent to any public road to visually
separate parking and other uses from the road . The
buffer strip shall be approximately 15 feet in depth and
planted with a combination of grass , medium height
shrubs ( approximately 2 - 8 feet tall , evergreen varieties
preferred ) and shade trees ( planted at least every 40 - 60
feet along the road frontage ) . Trees and shrubs shall
be set back at street and driveway entrances , exits or
intersections to allow adequate sight distance and
ensure vehicular and pedestrian safety while entering or
exiting the site . Applicants are encouraged to review
Brewster ' s Site Line Bylaw ( Chapter 157 , Article 6 of
the Town Code ) prior to designing parking lot
landscaping plans .
( 2 ) A landscaped buffer strip of approximately 10 feet depth
shall be provided adjacent to adjoining uses , excluding
areas providing shared access and parking . The buffer
strip shall be planted with a combination of grass ,
medium height shrubs ( evergreen varieties preferred ) and
shade trees .
( 3 ) Large parking areas shall be interrupted with landscaped
islands such that no parking surface exceeds 60 feet in
width , including the area ( s ) used for parking
aisles / stalls . A minimum of one shade tree shall be
provided per 5 parking spaces to be placed in a
protective pervious plot of a least 60 square feet in
area .
( 4 ) Exposed storage areas , machinery , service areas , truck
loading areas , utility buildings and structures and
other unsightly uses shall be screened from view from
neighboring properties and streets using plantings , a
13
FYTM 11 / 15 / 93
wall or tight fence complimented with plantings , or
through some other means deemed acceptable to the
permit granting authority .
( 5 ) All landscaped areas shall be maintained . Shrubs and
trees which die shall be replaced within one growing
season .
( 6 ) Building and architectural design shall be compatible
with the character and scale of the adjacent roadway
and surrounding neighborhood .
( 7 ) Structures shall be sited so as to allow separations
between buildings , particularly to encourage open
space in the site and reduce massiveness in the project .
( 8 ) The use of bituminous paving shall be minimized .
( 9 ) Old , well established trees shall be protected by siting
buildings and parking around or within the existing
landscape .
( 10 ) Building design shall adhere to the guidelines of the
Brewster Historic District Committee . Of significant
concern to the Committee are the issues of mass and
size , impact of projects on sites and settings , harmony
of design and detail within the project and setting , and
compatibility of projects , while encouraging variety and
diversity .
179 - 65 Trip Reduction Standards
All retail and service uses , and wholesale and manufacturing uses
( see Section 179 - 11 , Table 1 , Use Regulations ) located in the
Corridor Overlay Protection District shall prepare a trip reduction
plan as a condition for issuance of a special permit . The trip
reduction plan , shall describe traffic impact mitigation strategies
designed to reduce traffic generation , and may include strategies
such as company sponsored carpooling / vanpooling ; bicycle and
pedestrian incentive measures ; and / or variable work hour or flet
time programs . The applicant shall also present a plan for future
enforcement of proposed trip reduction measures following permit
issuance .
179 - 66 Severability
The provisions of this bylaw are severable from each other and the
invalidity of any provisions or sections shall not invalidate any
other provision or section thereof .
or to take any other action relative thereto .
( Planning Board )
MOTION : I move that the Town vote to approve Article 15 as
printed in the Warrant with the following amendment :
SECTION 179 - 64 , TRANSPORTATION , ACCESS , PARKING , LANDSCAPING AND
APPEARANCE STANDARDS ( B ) Access Standards ( 6 ) shall be eliminated _
and the following added ( 6 ) " Internal circulation shall be provided
to the greatest extent possible among adjoining premises to
encourage internal property to property pedestrian , bicycle , and
vehicular movements " .
and to delete SECTION 179 - 63 , C , 2a & 2b
ACTION : AMENDMENT ADOPTED
ACTION ON AMENDED MAIN MOTION : DEFEATED YES 312 NO 202
14
FYTM 11 / 15 / 93
ARTICLE 16 . ZONING BYLAW AMENDMENT
ARTICLE 16 . To see if the Town will vote to amend the Zoning
Bylaw by revising Article Y , Chapter 179 , Section 179 - 51 . Special
Permits , as follows :
ADD new subsections A . ( 5 ) and A . ( 6 ) to read as follows :
A . ( 5 ) Findings . No special permit shall be granted unless the
SPGA finds that the proposed uses are in harmony with the
purpose and intent of this bylaw and will not be
detrimental or injurious to the neighborhood in which it
is to take place , or to the public , and that all
requirements , standards and conditions for the grant of
the special permit have been satisfied . No special
permit shall be granted unless the SPGA determines that
the proposed use will not be detrimental to the
surrounding neighborhood and town in light of each of the
following conditions .
a ) The proposed use is consistent with the purpose and
intent of the Town of Brewster ' s Comprehensive Plan ;
b ) The location , type , character and size of the use /
building , or other structure in connection
therewith , will be in harmony with the visual
character of the neighborhood , including views and
vistas , and where applicable historic character of
the neighborhood .
c ) The site is suitable for the proposed use ;
d ) Adequate access will be provided for the purpose of
fire protection , police protection , and other
emergency equipment ;
e ) The streets serving the proposed use are adequate
( width , grade , construction , overall safety and
design capacity ) to carry all prospective traffic
and adequate provision is made for entering and
leaving the proposed site such that no undue hazard
to traffic congestion will be created ;
f ) The proposed use / development has incorporated
applicable trip reduction measures , where possible ,
in order to minimize vehicular trips to and from the
site . These include company sponsored carpooling /
vanpooling , bicycle and pedestrian incentives ,
and / or variable work hour or flex time programs ;
g ) Adequate parking and loading facilities are provided
in accordance with Section 179 - 22 , and Section 179 -
64 ;
h ) The site will be suitably landscaped to protect the
character of the neighborhood and adjacent property ;
i ) The proposed use has an adequate method of sewage
disposal , source of water and drainage ;
j ) Adequate utilities and other public services will be
provided ;
k ) The proposed use will not result in the degradation
of ground water quality or coastal water quality
off - site ;
1 ) The location and design of buildings , roads , parking
and loading areas will not cause avoidable damage to
15
FYTM 11 / 15/ 93
wildlife habitats or corridors , or to any plant
species listed as endangered , threatened , or of
special concern by the Massachusetts Natural
Heritage and Endangered Species Program .
M ) The proposed use complies with all applicable
provisions of this Zoning Bylaw .
It shall be the responsibility of the applicant , at the
time an application for the special permit is made , to
provide plans and reports which describe the proposed
development ' s conformance with the required findings of
this section . Any data , plans and reports submitted in
support of an application may be used to identify
additional conditions and stipulations of approval of a
special permit .
The SPGA shall also make such further findings as may
otherwise be required by this bylaw , and may attach such
conditions or safeguards or limitations on the grant of
the special permit as it finds to be appropriate and
reasonable to protect the surrounding neighborhood and
town .
For developments subject to Chapter 83 , Development Plan
Review , it is recommended that applicants incorporate
development standards specified under Chapter 83 , as well
as applicable development standards specified in this
Zoning Bylaw ( Chapter 179 ) , to better coordinate
permitting under both bylaws .
( 6 ) Referral . The SPGA shall refer all special permit
applications to the Board of Health and where applicable
to the Building and Zoning Commissioner , Massachusetts
Department of Environmental Protection , Conservation
Commission , Planning Board , Police and Fire Departments ,
Department of Public Works , and Brewster Historic
District Committee for written comments and recommenda-
tions before taking action on said special permit
application . In addition to the above noted Boards , the
SPGA may refer a special permit application to any other
Board / Committee / Department for comments and recommenda -
tions if it so desires before taking final action on said
special permit application . A public hearing on said
referral shall not be required .
Any such Board / Committee / Department to which applications
are referred for comment shall make its recommendations
and send copies thereof to the SPGA and the applicant
within thirty- five ( 35 ) days of receipt of the referral
request by the SPGA or there shall be deemed no
opposition or desire to comment . The SPGA shall not act
upon said special permit until either comments from each
referred Board / Committee / Department have been received ,
or said thirty - five ( 35 ) days have elapsed , whichever is
sooner . Applications referred to more than one Board or
Agency may be reviewed jointly by said Boards or
Agencies .
or to take any other action relative thereto .
( Planning Board )
MOTION : I move that the Town vote to approve Article 16 as
printed in the warrant .
ACTION : ADOPTED YES 378 NO 147
16
FYTM 11 / 15/ 93
ARTICLE 17 , ZONING BYLAW AMENDMENT
ARTICLE 17 . To see if the Town will vote to amend the Zoning
Bylaw by revising Article I% , Chapter 179 , Section 179 - 36 . Planned
Residential Development , as follows :
1 . ADD new Section 179 - 36 . B . ( 7 ) and ( 8 ) as follows :
( 7 ) Preservation of the existing character of the surrounding
neighborhood .
( 8 ) Preservation of existing historic resources , where
applicable .
2 . DELETE existing Section 179 - 36 . C . ( 2 ) ( g ) [ 2 ] and insert as
follows :
[ 2 ] Public Services . The impact of the proposed development on
public services shall be undertaken , and shall address the
following :
[ a ] The expected impact on the Town of Brewster ' s school
system ( though 12th grade ) , including the number of
school children to be generated , and the capacity of the
public school system to handle the additional students .
[ b ] The anticipated demand for police and fire services .
[ c ] The estimated daily and peak volume and weight of solid
waste to be generated and the increase in school - related
waste disposal . Efforts to recycle solid waste shall be
noted .
[ d ] The need for additional public recreation facilities .
[ e ] The source of water proposed to serve the proposed
development , the daily and peak water supply demand and
its impact on public water supplies .
3 . RENUMBER Section 179 - 36 . C . ( 2 ) ( g ) to Section 179 - 36 . C . ( 2 ) ( i )
4 . ADD new Section 179 - 36 . C . ( 2 ) ( g ) and ( h ) as follows :
[ g ] Photographs and a description of lands located within 100
feet of the proposed site , including existing building
type , height , architectural style and density , to assist
the Special Permit Granting Authority in evaluating the
compatibility between proposed uses / structures of the
proposed PRD and existing uses / structures in the
surrounding neighborhood .
[ h ] Areas of historical interest , located on- site or within
100 feet of the proposed site , including a description of
the building type , height and style of historic
structures .
5 . ADD the following to Section 179 - 36 . C . ( 2 ) ( i ) : [ formerly Section
179 - 36 . C . ( 2 ) ( g ) ]
( 5 ) Land . Changes to land topography and the extent of
sedimentation and erosion during construction and post -
development .
( 6 ) Traffic . The expected impact of traffic generated from
the proposed development upon the carrying capacity and
safety of any adjacent highway or road during peak summer
and year - round conditions , including the projected number
of motor vehicle trips , road capacities and impacts on
traffic congestion and circulation on nearby
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FYTM 11 / 15/ 93
intersections , and provision of on - site and off - site
traffic improvements and mitigation . Traffic flow
patterns at the site , including entrances and exits ,
loading and unloading areas , parking areas and curb cuts
on- site and within 100 feet of the site shall be
evaluated . Pedestrian and bicycle circulation shall be
provided and described .
( 7 ) Community Character . The style of architecture and land -
scaping shall be described and its impact on the
surrounding community character and aesthetics shall be
evaluated .
6 . RENUMBER Section 179 - 36 . C . ( 7 ) as Section 179 - 36 . C . ( 8 ) :
RENUMBER Section 179 - 36 . C . ( 8 ) as Section 179 - 36 . C . ( 9 ) :
RENUMBER Section 179 - 36 . C . ( 9 ) as Section 179 - 36 . C . ( 10 ) :
RENUMBER Section 179 - 36 . C . ( 10 ) as Section 179 - 36 . C . ( 11 ) :
RENUMBER Section 179 - 36 . C . ( 11 ) as Section 179 - 36 . C . ( 12 ) :
RENUMBER Section 179 - 36 . C . ( 12 ) as Section 179 - 36 . C . ( 13 ) :
RENUMBER Section 179 - 36 . C . ( 13 ) as Section 179 - 36 . C . ( 14 ) :
RENUMBER Section 179 - 36 . C . ( 14 ) as Section 179 - 36 . C . ( 15 ) :
RENUMBER Section 179 - 36 . C . ( 15 ) as Section 179 - 36 . C . ( 16 ) :
RENUMBER Section 179 - 36 . C . ( 16 ) as Section 179 - 36 . C . ( 17 ) :
7 . ADD new Section 179 - 36 . C . ( 7 ) as follows :
( 7 ) A trip reduction plan shall be submitted as a condition
for issuance of a special permit . The trip reduction
plan shall describe traffic impact mitigation strategies
designed to reduce traffic generation , and may include
strategies such as company/ homeowner association
sponsored carpooling / vanpooling , bicycle and pedestrian
incentive measures , variable work hour or flex time
programs for commercial use , and inclusion of neighbor -
hood - oriented commercial uses serving residents of the
PRD . The applicant shall also propose a means to ensure
participation by subsequent owners and tenants of the
planned residential development .
or to take anv other action relative thereto .
( Planning Board )
MOTION : I move that the Town vote to approve Article 17 as
printed in the warrant .
ACTION : ADOPTED YES 383 NO 66
ARTICLE 18 . ZONING BYLAW AMENDMENT
ARTICLE 18 . To see if the Town will vote to amend the
Zoning Bylaw by revising Article V , Section 179 - 16 : Table 3 .
Height and Bulk Reguiations , as follows :
Table 3
Height and Bulk Regulations
Town of Brewster
District Maximum Permitted Maximum Building Maximum Building Maximum Ratio of
Heightl Coverage of Lot Coverage of Total Interior
( feet ) ( covered area as Buildable Uplands Area to Lot Size
percent of Within Lot Area ( FAR )
lot area ) ( percent )
R-R 30 15
R- L 30 20
R-M 30 25
18
FYTM 11 / 15 / 93
C-A 30 40** . 20
V-B 30 30 . 15
I 30 50
**Except 25% for multifamily dwellings .
NOTES :
Any maximum height permitted in this chapter shall not apply to :
Community facility and public utility structures , provided that the side and rear
yards or setbacks required in the district for the highest permitted principal
structure shall be increased two ( 2 ) feet in width for each foot by which the
height of such structure exceeds the height permitted in the district .
Necessary appurtenant structures , such as church spire , smokestack , monument ,
flagpole , radio or television tower , aerial , airplane hanger , chimney or parapet
wall , windmill generator or similar appurtenances .
Special industrial structures , such as a cooling tower and other similar structures
where the industrial process requires a greater height *
or to take any other action relative thereto .
( Planning Board )
MOTION : I move that the Town vote to approve Article 18 as
printed in the warrant .
ACTION : DEFEATED YES 321 NO 232
ARTICLE 19 . ZONING BYLAW AMENDMENT
ARTICLE 19 . To see if the Town will vote to amend the Zoning
Bylaw by revising Chapter 179 , Article I , Section 179 - 2 as follows :
ADD new definition for AUTOMATED AND DRIVE THROUGH FINANCIAL
ESTABLISHMENTS / STRUCTURES as follows :
AUTOMATED AND DRIVE - THROUGH FINANCIAL ESTABLISHMENTS / STRUCTURES
An establishment or structure whose principal business or purpose
allows for the deposit or withdrawal of money and whose method of
operation includes one or both of the following characteristics :
( 1 ) customers are able to carry out transactions while remaining
within a motor vehicle , ( 2 ) customers can carry out transactions by
using automated teller machines , either contained within a free -
standing structure , or within and / or integral to a principal use .
or to take anv other action relative thereto .
( Planning Board )
MOTION : I move that the Town vote to approve Article 19 as
printed in the warrant .
ACTION : ADOPTED YES 405 NO 15
ARTICLE 20 . ZONING BYLAW AMENDMENT
ARTICLE 20 . To see if the Town will vote to amend the
Zoning Bylaw by revising Section 179 - 11 . Table 1 . Use
Regulations , as follows :
Add under Retail and Service Uses :
Use RR RL RAS CH VB I MRD
30 . Automated and drive-through
financial establishments - - - S S S -
or to take any other action relative thereto .
( Planning Board )
19
FYTM 11 / 15 / 93
MOTION : I move that the Town vote to approve Article 20 as
printed in the warrant .
ACTION : ADOPTED YES 385 NO 16
ARTICLE 21 . ZONING BYLAW AMENDMENT
ARTICLE 21 . To see if the Town will vote to amend the Zoning
Bylaw by revising Article VII so that Section 179 - 21 will be
modified to read as given below , so that present Section 179 - 22 . A .
will be repealed and will be replaced by the following Section 179 -
22 . A . with its subsections ( 1 ) and ( 2 ) , so that Section 179 -
23 . A . ( 1 ) and B . ( 1 ) . will be modified to read as given below , and so
that Section 179 - 23 . B . ( 1 ) will be modified to read as given below :
Section 179 - 21 . General Requirements
A . If any structure is constructed , enlarged or extended , and
any use of land established , or any existing use is
changed , after the effective date of this Section , off -
street parking spaces shall be provided in accordance with
Section 179 - 22 and Table 4 . An existing structure which is
enlarged or an existing use which is extended after the
effective date of this section shall be required to provide
off - street parking spaces in accordance with the following
table for the entire structure or use , unless the increase
in units or measurements amounts to less than twenty- five
percent ( 25 % ) , whether such increase occurs at one ( 1 ) time
or in successive stages .
Be In any district , if any structure is constructed , enlarged
or extended and any use of land established or any existing
use is changed , after the effective date of this Section ,
off - street loading spaces shall be provided in accordance
with Section 179 - 22 and Table 5 . An existing structure
which is enlarged or an existing use which is extended
after the effective date of this section shall be required
to provide off - street loading spaces in accordance with
Section 179 - 22 and Table 5 for the entire structure or use ,
unless the increase in units or measurements amounts to
less than twenty- five percent ( 25 % ) , whether such increase
occurs at one ( 1 ) time or in successive stages .
Section 179 - 22 Parking and Loading Requirement Tables .
A . Parking and loading spaces being maintained in any district
in connection with any existing use on the effective date
of this chapter shall not decrease so long as the use
remains unless the following conditions occur :
( 1 ) a number of parking or loading spaces is constructed
elsewhere , such that the total number of spaces con -
forms to the requirements of the following tables ,
provided that this regulation shall not require the
maintenance of more parking or loading spaces than
is required according to the tables ; or
( 2 ) the number of required parking or loading spaces is _
reduced in accordance with Chapter 179 , Article XIS ,
entitled " Corridor Overlay Protection District . "
Section 179 - 23 , Parking and Loading Lot Standards
A . ( 1 ) The area shall be effectively screened on each side
which adjoins or faces the side or rear lot line of
a lot situated in any R District . The screening
shall consist of a solid fence or wall not less than
three ( 3 ) feet nor more than six ( 6 ) feet in height
or shrubbery planted not more than three ( 3 ) feet
20
FYTM 11 / 15 / 93
apart on center , at least two ( 2 ) feet from the lot
line , and all maintained in good condition . The
screening required by this subsection shall be set
back fifteen ( 15 ) feet from each street lot line .
In cases where a use is within the Corridor Overlay
Protection District , the standards specified in
Article XII shall also apply .
B . ( 1 ) There shall not be any motor vehicle parked within
five ( 5 ) feet of any side or rear lot line , except
in cases where shared parking areas are provided
between lots in accordance with Article XII ,
Corridor Overlay Protection District ,
or to take any other action relative thereto .
( Planning Board )
MOTION : I move that the Town vote to indefinitely postpone
Article 21 .
ACTION : ADOPTED TO INDEFINITELY POSTPONE
ARTICLE 22 . ZONING BYLAW AMENDMENT
ARTICLE 22 . To see if the Town will vote to amend the Zoning
Bylaw by revising Chapter 179 , Article VII , Section 179 - 22 C . as
follows :
DELETE the words " one hundred ( 100 ) feet " and REPLACE with the
words " three hundred ( 300 ) feet " .
or to take any other action relative thereto .
( Planning Board )
MOTION : I move that the Town vote to indefinitely postpone
Article 22 .
ACTION : ADOPTED TO INDEFINITELY POSTPONE
ARTICLE 23 . ZONING BYLAW AMENDMENT
ARTICLE 23 . To see if the Town will vote to amend the Brewster
Zoning Bylaw by revising Chapter 179 , Article IV , SECTION 179 - 11 ,
Table of Use Regulations B . Table 1 , Use Regulations as follows :
Retail & Service ( except as pro - R- R R- L R- M C -H V- B I MRD
vided in Para . 179 - 36 )
2 . Antique Shop - - - P P
or to take any other action relative thereto .
( Planning Board )
MOTION : I move that the Town vote to approve Article 23 as
printed in the warrant .
ACTION : DEFEATED YES 193 NO 250
ARTICLE 24 , ZONING BYLAW AMENDMENT
ARTICLE 24 . To see if the Town will vote to amend the Brewster
Zoning Bylaw by revising Chapter 179 , Article X , Administration and
Enforcement , SECTION 179 - 52 Variances , A . by deleting the phrase
21
FYTM 11 / 15/ 93
which reads " including variances for use " or to take any other
action relative thereto .
( Planning Board )
MOTION : I move that the Town vote to approve Article 24 as
printed in the warrant .
ACTION : DEFEATED YES 51 NO 332
ARTICLE 25 . ZONING BYLAW AMENDMENT
ARTICLE 25 . To see if the Town will vote to amend the Brewster
Zoning Bylaw by revising Chapter 179 , Article VI , Signs , Section
179 - 19 , DEFINITIONS , by adding , in alphabetical order , an add -
itional definition reading :
EDUCATIONAL / DESCRIPTIVE SIGN - A sign or display which de -
scribes areas of environmental significance , cultural in-
formation and activities , recreation information and
activities , historical information or events or unique
natural features found on land owned by the Town of Brewster ,
or to take any other action relative thereto .
( Conservation Commission )
MOTION : I move that the Town vote to indefinitely postpone
consideration of Article 25 .
ACTION : ADOPTED TO INDEFINITELY POSTPONE
ARTICLE 26 . ZONING BYLAW AMENDMENT
ARTICLE 26 . To see if the Town will vote to amend the Brewster
Zoning Bylaw by revising Chapter 179 , Article VI , Signs , Section
179 - 20 . 5 . REGULATIONS FOR SPECIFIC TYPES OF SIGNS by adding the
following :
J . Education / Descriptive signs . Educational / descriptive
signs may be placed on town land with the permission of
the appropriate municipal entities that have custody
and control of the land . An individual sign display
shall not exceed twenty- four ( 24 ) square feet in area ,
be of uniform design and shall be supported by a sturdy
frame .
( 1 ) Off -premises signs denoting locations of town lands ,
buildings , services , or activities supported by the
Town of Brewster . These signs shall not exceed six
( 6 ) square feet in area and three ( 3 ) feet in width
between support posts nor shall in overall height
exceed six ( 6 ) feet .
or to take anv other action relative thereto .
( Conservation Commission )
MOTION : I move that the Town vote to indefinitely postpone
Article 26 .
ACTION : ADOPTED TO INDEFINITELY POSTPONE
ARTICLE 27 , TOWN BYLAW AMENDMENT
ARTICLE 27 . To see if the Town will vote to amend Chapter 83 ,
Development Plan Review , as follows :
22
FYTM 11 / 15/ 93
1 . ADD new subsections C . and D . to Section 83 - 4 to read as
follows :
Section 83 - 4C .
Uses subject to development plan review may also be required to
apply to the Planning Board for a special permit under Section 179 -
60 of the Zoning Bylaw ( Corridor Overlay Protection District ) . The
permit and procedural review afforded by the development plan
review process is believed to greatly benefit both the applicant ,
and relevant Town boards , committees and departments . As a result ,
applications are urged to apply to , and meet with , the Development
Plan Review Committee ( DPRC ) prior to making application to the
Planning Board . For projects generally recognized as large or
complicated , and when requested by an applicant the Planning Board
and the Development Plan Review Committee may conduct a joint
hearing on an application pending before the Planning Board and the
Committee .
Section 83 - 4 D .
As a means of coordinating this bylaw and Section 179 - 60 ( Corridor
Overlay Protection District ) , the DPRC shall be authorized to apply
the specific standards established in Section 179 - 64
( Transportation , Access , Parking , Landscaping and Appearance
Standards ) of the Corridor Overlay Protection District .
2 . DELETE Section 83 - 9 . A . ( 1 ) as currently written . Replace
as follows :
Section 83 - 9 . A . ( 1 )
( 1 ) Parking and loading areas shall be located to the side or
rear of the principal structure , wherever possible .
Where site constraints prevent this , visibility of
parking areas shall be reduced through location of not
more than one - third ( 1 / 3 ) of all parking between the
building and the street .
3 . ADD new Section 83 - 9 . E * as follows :
E . Appearance /Architectural Design
( 1 ) Architectural design shall be compatible with the
rural character , and where applicable historic
character , of the surrounding neighborhood .
( 2 ) Structures shall be sited so as to allow separations
between buildings , to encourage open space in the
site and reduce massiveness in the project .
( 3 ) The use of bituminous paving shall be minimized ,
where feasible .
( 4 ) Old , well established trees shall be protected by
siting buildings and parking around or within the
limitations of the existing landscape .
( 5 ) In locations subject to review of the Brewster
Historic District Committee , development design shall
adhere to the guidelines of the Brewster Historic
District Committee *
or to take any other action relative thereto .
( Route 6A Corridor Study Committee )
NOTION : I move that the Town vote to indefinitely postpone Article
27 .
ACTION : ADOPTED TO INDEFINITELY POSTPONE
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MOTION : I move that the Town vote to adjourn this meeting until
November 16 , 1993 at 7 : 00 p . m .
ACTION : ADOPTED
MEETING ADJOURNED at 10 : 43 p . m . until November 16 , 1993
Meeting reconvened at 7 : 05 p . m November 16 , 1993 with a quorum
being present .
ARTICLE 28 . TOWN BYLAW AMENDMENT
ARTICLE 28 . To see if the Town will vote to amend Article II of
Chapter 8 0 £ the Code of the Town of Brewster , concerning
Noncriminal Dispositions , to add the following provision to
Section 8 - 3 :
f ) . failure to expose the cover of the first component of the
septic system ( $ 20 . 00 )
or to take any other action relative thereto .
( Board of Health )
MOTION : I move that the Town vote to approve Article 28 as
printed in the warrant .
ACTION : ADOPTED
ARTICLE 29 . LIEN FEES
ARTICLE 29 . To see if the Town will vote to add a lien fee of up
to fifty dollars ( $ 50 . 00 ) to those accounts certified by the Board
of Assessors as unpaid water charges which are added to real estate
taxes under the provisions of the Massachusetts General Laws ,
Chapter 40 , Section 42C , such funds to go into the General Fund ; or
to take any other action relative thereto .
( Town Treasurer / Collector )
MOTION : I move that the Town vote to approve Article 29 as
printed in the warrant .
ACTION : ADOPTED
ARTICLE 30 . FY1994 OPERATING BUDGET AMENDMENT
ARTICLE 30 . To see if the Town will vote to transfer from
available funds a sum of money for the Brewster Elementary School ,
as required by Massachusetts General Laws Chapter 70 , Section 6 , or
to take any other action relative thereto .
( Brewster School Committee )
MOTION : I move that the Town vote to approve Article 30 and to
appropriate the sum of $ 134 , 663 . 00 for the Brewster Elementary
School , as required by Massachusetts General Laws , Chapter 70 ,
Section 6 .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 31 . DESIGN SERVICES /VAULT
ARTICLE 31 . To see if the Town will vote to authorize the Board
of Selectmen to contract for design services , and other planning
services in connection with the construction of a new vault at the
Town Offices Building and to authorize the Board of Selectmen to
solicit bids , enter into contracts and expend needed funds , and to
transfer the sum of Eighteen Thousand and 00 / 100 ( $ 18 , 000 . 00 )
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FYTM 11 / 15 / 93
Dollars from available funds for this purpose , or to take anv other
action relative thereto .
( Town Clerk / Board of Selectmen )
MOTION : I move that the Town vote to approve Article 31 as
printed in the warrant and to transfer from Free Cash the sum of
$ 18 , 000 . 00 for this purpose .
ACTION : ADOPTED
ARTICLE 32 . MICROFILMING PROJECT
ARTICLE 32 . To see if the Town will vote to fund costs
associated with the continued microfilming of various town records
and to transfer from available funds the sum of Twenty Thousand and
00 / 100 ( $ 20 , 000 . 00 ) Dollars and to authorize the Town Clerk to
solicit bids , enter into contracts and expend said funds for this
purpose , or to take any other action relative thereto .
( Town Clerk )
MOTION : I move that the Town vote to approve Article 32 as
printed in the warrant and to transfer from Free Cash the sum of
$ 20 , 000 . 00 for this purpose .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 33 . GOLF CAPITAL PROJECTS / EQUIPMENT
ARTICLE 33 . To see if the Town will vote to transfer from the
Golf Course Receipts Reserved for Appropriation Account the sum of
Seventy -Nine Thousand and 00 / 100 ( $ 79 , 000 . 00 ) Dollars and to
transfer an additional sum of Twelve Thousand and 00 / 100
( $ 12 , 000 . 00 ) Dollars from available funds for the purposes of
constructing , purchasing , leasing , lease / purchasing and / or
equipping , the following :
1 . Hydrojet aerifier $ 25 , 000 . 00
2 . Tee expansion program 18 , 000 . 00
3 . Bunker renovation program 21 , 000 . 00
4 . Telephone system replacement 157000 . 00
5 . Heating and ventilation system 12 . 000 . 00
Total $ 91 , 000 . 00
and to see if the Town will vote to authorize the Golf Commission
to solicit bids , enter into contracts , dispose of surplus property ,
and to expend said funds for these purposes , or to take any other
action relative thereto .
( Golf Commission )
MOTION : I move that the Town vote to approve Article 33 as
printed in the warrant and to transfer from the Golf Receipts for
Appropriation Account the sum of $ 79 , 000 . 00 and to transfer from
Free Cash the additional sum of $ 12 , 000 . 00 for these purposes .
MOTION : I move that the Town vote to amend Article 33 to
eliminate item 4 ( Telephone System ) .
ACTION : AMENDMENT DEFEATED
ACTION ON MAIN MOTION : ADOPTED UNANIMOUSLY
ARTICLE 34 . DESIGN SERVICES / ELEMENTARY SCHOOL
ARTICLE 34 . To see if the Town will vote to amend the Town ' s
vote under Article 41 of the Annual Town Meeting Warrant , dated May
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11 , 1992 to authorize the New Elementary School Building Committee
to contract for design services , other planning expenses , and any
other Committee expenses in connection with the construction of a
new elementary school in the Town , and to authorize the New
Brewster Elementary School Building Committee to solicit bids ,
enter into contracts and expend these funds , and to transfer an
additional sum of One Hundred Thousand and 00 / 100 ( $ 100 , 000 . 00 )
Dollars from available funds for this purpose , or to take any other
action relative thereto .
( New Brewster Elementary School Building Committee )
MOTION : I move that the Town vote to approve Article 34 as
printed in the warrant and to transfer from Free Cash the
additional sum of $ 100 , 000 . 00 for this purpose .
MOTION : I move that the Town vote to amend Article 34 to allow
for the design for an addition to the existing elementary school .
ACTION ON AMENDED MOTION : DEFEATED
MOTION : I move that the Town vote to amend Article 34 to require
that the committee be instructed to receive the site evaluation
study prior to proceeding with the actual design phase of the
elementary school building , and to not expend these design funds
until the site has been determined as buildable .
ACTION ON AMENDED MOTION : ADOPTED
ARTICLE 35 . EQUIPMENT PURCHASE
ARTICLE 35 . To see if the Town will vote to authorize the Board
of Assessors to purchase a new microfilm reader / printer machine and
to transfer from available funds the sum of Five Thousand and
00 / 100 ( $ 5 , 000 . 00 ) Dollars from available funds and to authorize
the Board of Assessors to solicit bids , enter into contracts ,
expend said funds and to dispose of surplus property for this
purpose , or to take any other action relative thereto .
( Board of Assessors )
MOTION : I move that the Town vote to approve Article 35 as
printed in the warrant and to transfer from Free Cash the sum of
$ 5 , 000 . 00 for this purpose .
ACTION : ADOPTED
ARTICLE 36 . TOWN BUILDING & PROPERTY REPAIRS
ARTICLE 36 . To see if the Town will vote to transfer from
available funds the sum of Twelve Thousand and 00 / 100 ( $ 12 ) 000 . 00 )
Dollars to paint the Old Town Hall / Council On Aging building and to
authorize the Board of Selectmen to solicit bids , enter into
contracts and expend said funds for this purpose , or to take any
other action relative thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to approve Article 36 as
printed in the warrant and to transfer from Free Cash the sum of
$ 12 , 000 . 00 for this purpose .
ACTION : ADOPTED
ARTICLE 37 . DRUMMER BOY MUSEUM/ BUILDING DEMOLITION
ARTICLE 37 . To see if the Town will vote to transfer from
available funds an additional sum of Eleven Thousand and 00 / 100
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FYTM 11 / 15/ 93
( $ 11 , 000 . 00 ) Dollars to add to the funds transferred and
appropriated under Article No . 3 of the December 10 , 1992 Special
Town Meeting to carry out the proposed demolition of the Drummer
Boy Property ' s museum building , or to take any other action
relative thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to approve Article 37 as
printed in the warrant and to transfer from Free cash the sum of
$ 11 , 000 . 00 for this purpose .
ACTION : ADOPTED
ARTICLE 38 . DRUMMER BOY MUSEUM / BUILDING DEMOLITION
Article 38 . To see if the Town will vote to transfer from
available funds the sum of Two Thousand and 00 / 100 ( $ 2 , 000 . 00 )
Dollars to contract with engineering and other professional
services related to the Drummer Boy Museum property , or to take any
other action relative thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to approve Article 38 as
printed in the warrant and to transfer from Free Cash the sum of
$ 2 , 000 . 00 for this purpose .
ACTION : ADOPTED
ARTICLE 39 . COMPUTER PURCHASE
ARTICLE 39 . To see if the Town will vote to transfer from
available funds the sum of Two Thousand Three Hundred and 00 / 100
( $ 2 , 300 . 00 ) Dollars for the purchase of a personal computer , and
software for the Town Administrator ' s Office and to authorize the
Board of Selectmen to solicit bids , enter into contracts and expend
said funds for this purpose , or to take any other action relative
thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to approve Article 39 as
printed in the warrant and to transfer from Free Cash the sum of
$ 2 , 300 . 00 for this purpose .
ACTION : ADOPTED
ARTICLE 40 , PUBLIC ACCESS SITE IMPROVEMENTS
ARTICLE 40 . To see if the Town will vote to authorize the Board
of Selectmen to receive and expend money from the Commonwealth of
Massachusetts for public access site improvements at the Town
Landings located at Breakwater Landing , Slough Pond and Schoolhouse
Pond and to the transfer from available funds the sum of Twenty One
Thousand and 00 / 100 ( $ 21 , 000 . 00 ) Dollars for these projects and to
authorize the Board of Selectmen to solicit bids , enter into
contracts , supervise construction and to perform all necessary
duties in relation to said projects , or to take any other action
relative thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to approve Article 40 as
printed in the warrant and to transfer from Free Cash the sum of
$ 21 , 000 . 00 for this purpose .
ACTION : ADOPTED UNANIMOUSLY
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FYTM 11 / 15 / 93
ARTICLE 41 . RECREATIONAL FIELDS / REPAIRS & UPGRADE
ARTICLE 41 . To see if the Town will vote to authorize the
Recreation Commission to solicit bids , enter into contracts and
expend needed funds to repair and upgrade the softball and soccer
playing fields , located in front of the Town Offices Building and
to transfer the sum of Twenty Thousand and 00 / 100 ( $ 20 , 000 . 00 )
Dollars from available funds for this purpose , or to take any other
action relative thereto .
( Recreation Commission )
MOTION : I move that the Town vote to approve Article 41 as
printed in the warrant and to transfer from Free Cash the sum of
$ 20 , 000 . 00 for this purpose .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 42 . DRAINAGE PROJECTS
ARTICLE 42 . To see if the Town will vote to authorize the
Department of Public Works to solicit bids , to enter into a
contract or contracts for the design and installation of stormwater
drainage systems at various points along Millstone Road , and to
transfer from available funds the sum of Twenty- Five Thousand and
00 / 100 ( $ 25 , 000 . 00 ) Dollars for this purpose , or to take any other
action relative thereto .
( Department of Public Works )
MOTION : I move that the Town vote to approve Article 42 as
printed in the warrant and to transfer from Free Cash the sum of
$ 25 , 000 . 00 for this purpose .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 43 . RELEASE OF EASEMENT
ARTICLE 43 . To see if the Town will vote to convey , to the
owners of the lot No . 7 - 1 of Map No . 39 , for no consideration , any
interest that the Town may have in a fifteen ( 15 ' ) foot wide
easement , located on the northeast portion of Lot No . 7 - 1 of Map
No . 39 of the Board of Assessor ' s Maps , or to take any other action
relative thereto .
( Conservation Commission )
MOTION : I move that the Town vote to approve Article 43 as
printed in the warrant .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 44 . LEASE /MATOTT HOUSE
ARTICLE 44 . To see if the Town will vote to authorize the
Conservation Commission to enter into a lease or leases for the
Matott House building , located in the Punkhorn Parklands , or to
take any other action relative thereto .
( Conservation Commission )
MOTION : I move that the Town vote to approve Article 44 as _
printed in the warrant , however , that this article be amended to
condition said lease or leases to require the review and approval
of the Board of Selectmen .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 45 . COMMUNITY PIER PROJECT
ARTICLE 45 . To see if the Town will vote to transfer from
available funds an additional sum of Thirty Thousand and 00 / 100
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FYTM 11 / 15 / 93
4830 , 000 . 00 ) Dollars to carry out the construction of the Punkhorn
Handicapped Accessible Community Pier and Fishing Platform Building
Project and for improvements to the existing boat ramp on Upper
Mill Pond ; these additional funds will be added to those monies
already appropriated for this project under Article No . 10 of the
October 15 , 1990 Special Town Meeting , or to take any other action
relative thereto .
( Conservation Commission )
MOTION : I move that the Town vote to approve Article 45 as
printed in the warrant and to transfer from Free Cash the sum of
830 , 000 . 00 for this purpose .
ACTION : DEFEATED
ARTICLE 46 . VERNAL POOL IDENTIFICATION PROGRAM
ARTICLE 46 . To see if the Town will vote to authorize the
Conservation Commission to expend the sum of the One Thousand and
00 / 100 ( 81 , 000 . 00 ) Dollars to establish a Vernal Pool
Identification Program to assist the Commission in its duties under
the Wetlands Protection Act and , for this purpose , to transfer
those monies collected pursuant to Massachusetts General Laws ,
Chapter 131 , Section 40 , as amended , which provides that the Town ' s
share of the Notice of Intent Filing Fees under the Wetlands
Protection Act shall be expended solely for the performance of its
duties associated with administering the act , or to take any other
action relative thereto .
( Conservation Commission )
MOTION : I move that the Town vote to approve Article 46 as
printed in the warrant and to transfer from the State Wetlands
Protection Filing Fee Fund Account the sum of 81 , 000 . 00 for this
purpose .
ACTION : ADOPTED
ARTICLE 47 . WETLANDS PROTECTION FEE FUND
ARTICLE 47 . To see if the Town will vote to authorize the
Conservation Commission to expend the sum of Two Thousand Five
Hundred and 00 / 100 ( 82 , 500 . 00 ) Dollars to contract with
professional consultants to assist the Commission in its duties
under the Wetlands Protection Act and , for this purpose , to
transfer those monies collected pursuant to Massachusetts General
Laws , Chapter 131 , Section 40 , as amended , which provides that the
Town ' s share of the Notice of Intent Filing Fees under the Wetlands
Protection Act shall be expended solely for the performance of its
duties associated with administering the act , or to take any other
action relative thereto .
( Conservation Commission )
MOTION : I move that the Town vote to indefinitely postpone
consideration of Article 47 .
ACTION : ADOPTED TO INDEFINITELY POSTPONED
ARTICLE 48 . STABILIZATION FUND
ARTICLE 48 . 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 or sums of money for this purpose , or to take any other action
relative thereto .
( Board of Selectmen )
MOTION : I move that the Town vote to approve Article 48 as
printed in the warrant and to transfer from Article 4 of the
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FYTM 11 / 15/ 93
December 12 , 1992 Special Town Meeting the sum of $ 337 , 500 . 00 and
to transfer from Free Cash the additional sum of $ 500 , 000 . 00 for
this purpose .
ACTION : ADOPTED UNANIMOUSLY
ARTICLE 49 . ANY OTHER BUSINESS
ARTICLE 49 . To act on any other business that may legally come
before this meeting .
The Moderator recognized Steven Eldredge , Chairman of the Planning
Board and Chairman of the Route 6A Corridor Committee . Steven
Eldredge gave the following report of the Route 6A Corridor
Committee to the Town Meeting ,
COMMITTEE REPORT
PRESENTED BY THE ROUTE 6A CORRIDOR COMMITTEE
FOR NOVEMBER 15 , 1993 TOWN MEETING
The 1992 Route 6A Corridor Study conducted by TAMS Consultants
Incorporated , of Boston , made recommendations as to how the Town
could address traffic concerns . The October 19 , 1992 Town Meeting
adopted a one year moratorium in order to allow for the Town to
determine the best approach to implementing the recommendations
made in the study . The Route 6A Corridor Committee was established
and charged with devising the means of implementing those
recommendations .
The Route 6A Corridor Committee hired Jon Witten of Horsley
Witten Consultants to draft Articles for the 1993 Fall Town Meeting
to revise the Town of Brewster ' s Zoning Code in such a way as to
reduce the amount of potential traffic that could be generated by
changing land use regulations and to better manage future traffic
by offering incentives to developers proposing traffic conscious
projects . These articles are presented to you in the warrant and
we ask that you vote to support them , as we feel they will go a
long way toward reducing the potential for increased traffic on
Route 6A .
There remain quite a few recommendations , separate from the
land use articles , which will involve efforts on behalf of more
than one Town department or committee . Several of the
recommendations will require in depth discussions and probably some
negotiations with the State Department of Highways . It is the
belief of the Committee that these discussions would be best
accomplished by the Board of Selectmen . For this reason , the Route
6A Corridor Committee recommends that the Board of Selectmen pursue
the following :
1 . To request that the Cape Cod Commission and the State
assist the Town in arranging for traffic volume counts to include
regular periodic pre - season , peak season and post - season counts and
traffic speed monitoring at the ten locations studied in Brewster ' s
Route 6A Corridor Study ,
2 . To expand the role of the Traffic Study Committee to be a
more active committee , meeting on a monthly or quarterly basis , and
to instruct that committee to implement procedures whereby traffic
accident history and causes are reviewed with the Police Department
on a regular basis and safety hazards are identified and targeted
for improvement .
3 . To expand the charge of the Traffic Study Committee to
cover more diligent enforcement of the Town ' s Site - line Bylaw , and
to instruct that committee to work with the Department of Public
Works to establish an ongoing program to eliminate excess signage
30
FYTM 11 / 15 / 93
and to remove vegetative and structural barriers obstructing sight
lines at intersections identified by the Committee as needing
improvement .
4 . To direct that the Traffic Study Committee work with the
Police Department to explore and propose alternative , safer means
of posting trained and experienced police details at the
intersections of Route 124 and Route 6A , and at the intersection of
Underpass Road and Route 6A in order to make those officers more
safe and visible in directing traffic and easing congestion during
peak volume times . Some possible solutions could include reducing
the width of Route 124 at its intersection with Route 6A , by
expanding the width of the existing island and replacing the yield
sign there with a stop sign , or delineating a turning lane on the
surface of Route 6A by striping at the intersection of Route 124
and Route 6A , or imposing a seasonal one -way limitation on Route
124 between Route 6A and Route 137 , or installing seasonal raised
platforms on which an officer can stand to direct traffic .
5 . To instruct the Town Department of Public Works to enhance
and upgrade the existing program for striping roadways to insure
that painted lines on Town roads are painted frequently enough to
ensure that lines are clear and not confusing to drivers .
6 . Nickerson State Park - To support Nickerson State Park ' s
plans to alter park entrances and exits to improve vehicular and
bicycle traffic problems , such as relocating the gate house further
back from Route 6A , and to involve the Town in implementing the
State Department of Environmental Management ' s plans to convince
the State Department of Highways to construct a new ramp off of
Route 6 into Nickerson State Park , and to put an additional sign
for Nickerson State Park on Route 6 in the vicinity of Exit 6 to
encourage visitors unfamiliar with the area to use Exit 11 in
orleans to access the Park .
7 . Sidewalks and Footpaths - To instruct the Department of
Public Works to work with the State Department of Highways to
extend and link the footpaths east from Villages Drive to the
entrance of Nickerson State Park and west along Route 6A from
Tubman Road to the Drummer Boy property and investigate ways of
connecting footpaths along the entire length of Route 6A . The
Committee feels there may be funding available through the federal
Intermodal Surface Transportation Efficiency Act ( ISTEA ) to
construct sidewalk linkages . To undertake footpath projects on
local roads from the junction of Stony Brook and Route 6A to the
Stony Brook Mill and from Route 6A to the bikepath on Millstone
Road .
8 . To petition the State Department of Highways , and if
necessary pursue legislation action , to establish a curbcut review
procedure for Route 6A , whereby the Town would be included in the
process for locating curbcuts and Town input would be considered
prior to approval and issue of curbcut permits .
9 . To petition the State Department of Highways to repaint ,
redefine and improve visibility and safety of existing crosswalks ,
and if necessary pursue legislative action to revise State Highway
regulations to allow for improvement of visibility and safety at
the following locations on Route 6A and / or the option of local
jurisdiction over specific crosswalks :
a . Cape Cod Museum of Natural History
b . The Jolly Whaler
C * The Brewster General Store
d . The Unitarian Church
e . Underpass Road
f . Foster Square
g . Linnell Landing Road
h . Crosby Lane ;
and to establish new crosswalks at the following locations ;
i . Stony Brook Road
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FYTM 11 / 15 / 93
j . The Council on Aging
k . The Town Office Building
1 . The Villages at Ocean Edge .
11 . To work with local utility companies and the Department
of Public Utilities to have utility transmission lines , especially
poles which have been identified as having outmoded or hazardous
transformers , relocated underground in order to remove visual
clutter .
12 . To direct the Brewster Bikeways Committee to work with
the Cape Cod Commission and the State to discourage the use of
bicycles along Route 6A by creating a series of scenic bike routes
off of Route 6A , along Stony Brook Road , Tubman Road , etc . , and to
create a biking network with coordinated signage throughout the
Cape and all of Massachusetts .
13 . To initiate discussions between the Town , the Cape Cod
Commission , the Cape Cod Regional Transit Authority , local
businesses and local condominium associations to develop a summer
shuttle service between residential developments and destination
points such as beaches and shops .
MOTION : I move that the Town vote to accept the report of the
Route 6A Corridor Committee as presented by Steven Eldredge .
ACTION : ADOPTED UNANIMOUSLY
MOTION : I move that the Town vote to adjourn this meeting .
ACTION : ADOPTED
MEETING ADJOURNED at 9 : 30 p . m .
A TRUE COPY ATTEST :
a'r� K . a, �
an K . Cole
Town Clerk
32