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HomeMy Public PortalAbout2018-12-03 Special Town Meeting Posted Warrant TOWN OF BREWSTER SPECIAL TOWN MEETING DECEMBER 3, 2018 Barnstable, ss To : Roland W . Bassett, Jr. Constable of the Town of Brewster Greetings : In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and inform the Town of Brewster inhabitants qualified to vote in Town affairs to meet in the Cafeterium at the Stony Brook Elementary School, 384 Underpass Road , on Monday, December 3, next, at 7 : 00 p . m . o' clock in the evening, then and there to act upon the following articles : UNPAID BILLS ARTICLE NO . 1 : To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to an applicable statute or transfer from available funds for the payment, pursuant to Chapter 44 Section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years, including any bills now on overdraft : Vendor Amount a . R . E . Brown & Company $ 3, 500 . 00 b . Mass Bay Co . $ 206 . 00 c . Cape & Vineyard Electric Cooperative, Inc $ 251 . 00 d . Barnstable County Retirement Association $ 42, 309 . 00 e . O . P . E . I . 0 Local 6 $ 329 . 00 f. Limerick Steeplejacks, Inc. $ 72, 000 . 00 Total $ 118, 595 . 00 Or to take any other action relative thereto . ( Board of Selectmen ) ( Nine-tenth Vote Required ) BUDGETARY TRANSFERS ARTICLE NO . 2 : To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2019 General Fund operating budget from other line items of said budget and from other available funds : FROM TO AMOUNT a . Planning Department Assessments, Pleasant Bay $ 910 Alliance b . Recreation Revolving Fund Retirement Budget $ 8, 690 c . Road Betterment Receipts Reserved Road Betterment Debt Budget $ 118, 935 d . Water Revenues Water Betterment Debt Budget $ 5 , 878 e . Council on Aging & Natural Resources Finance & Operations $ 37, 500 f. Natural Resources & Department of Selectman & Town $ 37, 500 Public Works Administrator Or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) RESCIND AUTHORIZATIONS ARTICLE NO . 3 : To see if the Town will vote to rescind the following funding authorizations as voted in Article 10 of the May 7, 2018 Annual Town Meeting : 1 DEPARTMENT ITEM AMOUNT TO BE RESCINDED Natural Resources Long Pond Boat Ramp $ 115 , 000 transferred from Article 10 of the September 2, 2015 Special Town Meeting Natural Resources Upper Mill Pond $ 148, 720 transferred from Article 10 of the September 2, 2015 Special Town Meeting Or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) AMBULANCE RESERVE FUND ARTICLE NO . 4 : To see if the Town will vote to appropriate TWENTY-FIVE THOUSAND DOLLARS ($25, 000) from the Ambulance Receipts Reserved for Appropriation Special Revenue Fund , in accordance with Massachusetts General Law Chapter 40, Section 5F, for the purpose of offsetting costs associated with implementing new mandated State OSHA laws, funding a promotional exam process and department training; all expenditures to be made by the Fire Department, subject to the approval of the Town Administrator, or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) TRI TOWN SEPTAGE TREATMENT FACILITY DEMOLITION ARTICLE NO . 5 : To see if the Town will vote to raise and appropriate, transfer from available funds, or authorize the Town Treasurer, with the approval of the Board of Selectmen , to borrow TWO HUNDRED NINETY THOUSAND FIVE HUNDRED DOLLARS ($290, 500), under and pursuant to Massachusetts General Laws Chapter 44, Sections 7, ( including Section 7 ( 1 ) ) , or 8, or any other enabling authority, and to issue bonds or notes of the Town therefor; to pay professional and demolition related costs associated with the asbestos removal, demolition and site restoration of the Tri Town Septage Treatment Facility located at 29 Overland Way, Orleans Massachusetts, including all costs incidental and related thereto ; and further, that any premium received by the Town upon the sale of any bonds or notes approved by the vote hereunder, less any premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved hereunder in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount, or to take any other action relative thereto . ( Board of Selectmen ) (Two-Thirds Vote Required ) COMMUNITY PRESERVATION ACT FUNDING ARTICLE NO . 6 : To see if the Town will vote to act upon the recommendations of the Community Preservation Committee ; to appropriate from Fund Balance Reserved for future expenditures, the amounts shown below, for the purpose of future expenditures and professional services, operating and administration expenses, and reserve funds related to Community Preservation , Historic Preservation , Open Space, Community Housing and/or Recreation ; where such funds are being provided as a grant to a private entity, to authorize the Board of Selectmen or its designee to enter into an enforceable grant agreement with such entity for the purposes authorized , which agreement shall include, but not be limited to a requirement that the entity provide the Town with a permanent deed restriction in the subject property, if such property is not publicly owned , and to authorize the Board of Selectmen to accept such restrictions; and , further, to authorize the Town Administrator to enter into contracts for operating, administration and professional services related to Community Preservation , Historic Preservation , Community Housing and Open Space and/or Recreation , all as follows : 2 Purpose Item Funding Source (s) Amount 1 Historic Preservation a . Cape Rep Theatre Crosby Barn $ 150, 000 from Fund $ 410, 000 Rehabilitation — Phase Balance Reserved 2 for Historic Preservation ; $ 260, 000 from Fund Balance Reserved for Community Preservation Sub-total $ 4100* 000 2 Community Housing a . Habitat for Humanity of Paul Hush Way Fund Balance $ 200, 000 Cape Cod affordable Reserved for homeownership Community development — Phase 2 Preservation b . Brewster Affordable CPA eligible $ 50, 000 from Fund $ 100, 000 Housing Trust community housing Balance Reserved activities for Community Housing; $ 50, 000 from Fund Balance Reserved for Community Preservation Sub-total $ 300,000 3 Reserves for Community Preservation a . Cape Cod Museum of Rehabilitation of the Fund Balance $ 12, 000 Natural History Lee Baldwin Trail Reserved for Observation Platform Community and bridges Preservation Sub-total $ 12, 000 Grand Total $ 722, 000 Or to take any other action relative thereto . ( Community Preservation Committee ) ( Majority Vote Required ) COMMUNITY PRESERVATION ACT/Reallocation of Funds ARTICLE 7 : To see what sums the Town will vote to transfer to the Community Preservation Fund reserved fund balances from the Fund Balance Reserved for Community Preservation so that such sums are available for future appropriation or to transfer from available funds in the Community Preservation Fund for particular community preservation purposes, as follows : Item # From : To : Amount 1 Fund Balance Reserved for Fund Balance Reserved for $ 575 , 348 Community Preservation Open Space 2 Fund Balance Reserved for Fund Balance Reserved for $ 115, 070 Community Preservation Community Housing 3 Fund Balance Reserved for Fund Balance Reserved for $ 115 , 070 Community Preservation Historic Preservation Total $ 805, 488 Or to take any other action relative thereto . 3 ( Community Preservation Committee ) ( Majority Vote Required ) TOWN CODE AMENDMENT/Wetlands Protection ARTICLE NO . 8 : To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 172, Wetlands Protection , Section 7 , as follows, with text to be deleted shown in rwl % eHzn,tril4pthr and text to be inserted shown in bold underline : 172-7 . Action by Commission ; permits . B . Permits ( 1 ) Permits shall expire three years from the date of issuance . Any permit may be renewed for up to additional one three-year periods, provided that a request for an extension is received , in writing, by the Commission 30 days prior to expiration of the permit . Or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) TOWN CODE AMENDMENT/Town Meetings ARTICLE NO . 9 : To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 48, Article I , Section 1 and Chapter 48, Article VI , Section 8, as follows, with text to be deleted shown in stFikethFe � ugh and text to be inserted shown in bold underline : Article I . Annual Town Meeting § 48- 1 Designation of time . The Town will hold two regularly scheduled Town Meetings . The Spring Annual Town Meeting for the transaction of all business for the town , other than matters to be determined by ballot, shall be held on the first Monday in May at x:00 p . m . 6 : 00 p . m . or such later time as set forth in the warrant for the Annual Town Meeting. The Annual Election for the election of officers and such matters as are by law determined by ballot shall be held on the third Tuesday in May. Whenever the Annual Election for the election of officers and such matters as are by law determined by ballot falls fewer than two weeks after the scheduled beginning of the Spring Annual Town Meeting then the Annual Election shall be held on the fourth Tuesday in May. The Special Town Meeting will be held the third Meech , in Neye ,wher + ^ ., ddFess th ^ + .--, ,, saetiens ^f �! I btlJ' n9% fee the T^ , . , r. . between the first week of October and the first week of December. \ A /cvitiTrevd tilis 5ch2dule-plaees it in the samc=dvc^ k as Thanksgiving Day, the c ., ., eia Teen Meeting shall be held c „ S+ ., a l en the e- ^ een d nn ., nday in Neve ..- ber Article VI . Special Town Meetings . § 48-8 . Designation of time . The time Special Town Meetings which do not fall within Annual or other Special Town Meetings shall begin at-is ehanged to x : 00 ^ . m . 6 : 00 p . m . or such later time as set forth in the warrant for the Special Town Meeting . to ^ mm ^ ^ ^ ^ with the .. -. II efthe Or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) 4 TOWN CODE AMENDMENT/ Dogs ARTICLE NO . 10 : To see if the Town will vote to amend the Code of the Town of Brewster, Chapter 86, Article II , Section 3, as follows, with text to be deleted shown in StFikethizeug4 and text to be inserted shown in bold underline : Article II . Licensing § 86-3 . Animal Control . LICENSE PERIOD Between ApFil and MaFGh 31 January 1 and December 31 , both dates inclusive . B . Licensing required . ( 1 ) Effective January 1, 2003, any person residing in the Town of Brewster who, at the beginning of the license period A it 1 t9 MaFGh 31 ) (January 1 to December 31 ) . or who during the license period becomes the owner or keeper of a dog six months old or over, shall cause the dog to be licensed within 30 days . Or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) ZONING BYLAW AMENDMENT/ Licensed Special Event Venue ARTICLE NO . 11 : To see if the Town will vote to amend Chapter 179- 2, Definitions, and 179- 11, Table of Use Regulations, of the Brewster Town Code, as follows, with text to be deleted shown in StFikethi:eugI4 and text to be inserted shown in bold underline : Purpose : The purpose of this zoning bylaw amendment is to determine the frequency of events that may proceed on an annual basis upon receipt of a license from the Select Board , and to introduce a process for permitting more frequent events . 179 -2, Definitions : Licensed Special Event Venue Use - A property, not specifically designed or permitted to be used for infrequent events occurring within a 24-hour period such as, but not limited to, art or theatrical exhibitions, concerts, dinners, parties, and weddings, to be attended by the public, including properties not expressly permitted to be rented for such occasions . Applications for 5 or fewer events per vear must receive a license from the Select Board . Applications for greater than 5 events per vear must receive a Special Permit from the Board of Appeals . provided , however, that such venue has first received a license from the Select Board for such event . Special Permits for Special Event Venue Uses shall be renewed annually. 179- 11 Table of Use Regulations : RR RL RM CH VB I MRD PWS- CF ' ieensed Special Event Venue Use ( 5 or P P P P P P P P less per vear) Lieensed Special Event Venue Use ( more S S S S S S S S than 5 per vear) Or to take any other action relative thereto . ( Board of Selectmen ) (Two Thirds Vote Required ) 5 ZONING BYLAW AMENDMENT/Accessory Dwelling Unit ARTICLE NO . 12 : To see if the Town will vote to amend Chapter 179 of the Brewster Town Code, as follows, with text to be deleted shown in sti:ikethrewg4 and text to be inserted shown in bold underline : § 179- 2, Definitions : ACCESSORY COMMERCIAL DWELLING UNIT (ACDU ) A housing unit , complete with its own sleeping, cooking and sanitary facilities , that is located within a structure containing a commercial , wholesale or industrial use , or in a separate structure on the same lot as a commercial , wholesale or industrial use . An ACDU shall have no more than two bedrooms and shall have a maximum habitable area of 900 sa . ft . or 40% of the habitable area of the commercial , wholesale or industrial unit , whichever is less . Unenclosed additions constructed to serve an ACDU such as an entrv, secondary egress or exterior stairs shall not be included in the maximum habitable area of the ACDU . ACCESSORY SINGLE FAMILY DWELLING UNIT (ADU ) A housing unit , complete with its own sleeping , cooking and sanitary facilities , that is accessory and clearly subordinate to a principal dwelling. An ADU may be located within a single familv house containing a principal dwelling, or in ao building accessory to a single familv house . An ADU shall have no more than two bedrooms and shall have a maximum habitable area of 900 sa . ft . or 40% of the habitable area of the principal dwelling, whichever is less . Unenclosed additions constructed to serve an ADU such as an entry, secondary egress or exterior stairs shall not be included in the maximum habitable area of the ADU . § 17942 . 2 . Accessory Single Familv Dwelling Units (ADUs ) Accessory single family dwelling units shall be permitted subiect to the following standards : ( 1 ) An ADU may be located within or adiacent to a single familv house , or in a building accessory to a single familv house , subiect to the Definitions of Section 179 -2 ; the requirements of Table 1 Use Regulations and Table 2 Area Regulations/ Minimum Required Lots ; and all standards of this Bylaw . ( 2 ) An ADU may be located within a Zone II (Zone of Contribution to a Public Drinking Water Well ) , in the watershed of the Herring River, or the watershed to Pleasant Bav, subiect to approval of a Special Permit by the Zoning Board of Appeals . All ADU' s within these areas shall be required to install advanced nitrogen treatment septic systems , if deemed necessary . ( 3 ) All construction in connection with an ADU attached to a principal dwelling shall conform to building setbacks for a single family house in the Zoning District where it is located . ( 4) Either the principal dwelling or the ADU must be occupied by the owner of the property, as defined in Section 179-2 and the remaining dwelling unit shall be leased for periods of not less than 12 months. The property owner shall be required to file a notarized affidavit with the Building Department annually, stating that either the principal dwelline or the accessory single family dwelling unit will be , and /or has been , used as the principal residence of the owner for the next 12 month period and that the remaining dwelling will be leased for a period of not less than 12 months . 6 ( 5 ) No more than twenty (20 ) building permits shall be issued for the combined total of ADUs and ACDUs in a single calendar vear . ( 6 ) There shall be no renting of rooms or boarding of lodgers in an ADU . ( 7 ) An ADU shall conform to all applicable State and local laws regulating new construction or new residential use including the State Building Code , and applicable plumbing, electrical , fire, health and conservation regulations and bylaws . A Certificate of Occupancv shall be required for anv ADU . ( 8 ) There shall be no more than two residential units in total on a lot containing an ADU . ( 9 ) A minimum of one parking space per bedroom of the ADU shall be provided . ( 10 ) An ADU shall be clearlv subordinate in use, size and design to the principal single familv dwelling. An ADU shall be designed so that , to the maximum extent practical , the appearance of the propertv on which it is to be located remains that of a single4amily residential propertv and the privacv of abutting properties is maintained . 17942 . 3 . Accessory Commercial Dwelling Units (ACDUs ) Accessory single family dwelling units shall be permitted subiect to the following standards . ( 1) An ACDU may be located within or adiacent to a commercial building, or in a building on the same lot as a commercial use , subiect to the Definitions of Section 179-2 ; the requirements of Table 1 Use Regulations and Table 2 Area Regulations/ Minimum Required Lots ; and all standards of this Bvlaw . (2) An ACDU may be located in a Commercial High Densitv or Village Business District . (3) An ACDU may be located within a Zone 11 (Zone of Contribution to a Public Drinking Water Well ) , in the watershed of the Herring River, or the watershed to Pleasant Bav, subiect to approval of a Special Permit by the Zoning Board of Appeals . All ADU' s within these areas shall be required to install advanced nitrogen treatment septic systems , if deemed necessarv. (4) All construction in connection with an ACDU shall conform to building setbacks for a commercial building in the Zoning District where it is located . (5) The property owner shall be required to file a notarized affidavit with the Building Department annually, stating that the ACDU will be , and /or has been , leased for a period of not less than 12 months . (6) No more than twentv (20) building permits shall be issued for the combined total of ADUs and ACDUs in a single calendar vear . (7) There shall be no renting of rooms or boarding of lodgers in an ACDU . (8) An ACDU shall conform to all applicable State and local laws regulating new construction or new residential use including the State Building Code and applicable plumbing, electrical , fire , health and conservation regulations and bvlaws . A Certificate of Occunancv shall be required for anv ACDU . 7 § 179- 11, Use Regulations : RR RL RM CH VB I MRD PWS- CF 1 . Accessory commercial dwelling unit - - - S S - - - "ACDU" 2 . Accessory single family dwelling unit P P P S S - - - "ADU" on a lot of 30, 000 square feet or more . 3 . Accessory single family dwelling unit S S S S S - - - "ADU" on a lot less than 30 , 000 square feet . § 179- 16, Area Regulations : 1 : In general , only one principal structure shall be permitted on one lot . The exceptions are planned residential developments, row commercial development, subsidized elderly housing, planned business developments, community facilities, building and construction trade shop or garage uses , public utilities , accessory single-family dwelling units (ADUs ) , and accessory commercial dwelling units (ACDUs ) that comply with all provisions of Sections 17942 . 2 and 17942 . 3 , respectivelv. ADU' s may be permitted by right in the R- L. RW and R- R zoning districts on lots of 30 ,000 square feet or greater , by Special Permit in these districts on lots less than 30, 000 square feet , and by Special Permit in the C- H . V- B and I zoning districts . Also, residential lots may contain two single-family units if the lot is twice that required by the Table of Area Regulations for single-family residences in that district and if each unit is provided proper street access . And ( b . ) by amending Note 13 , as follows : 13 . An owner- occupied building containing two dwelling units, one of which shall be an accessory apartment with a net floor living area not exceeding 600 square feet, and including not more than one bedroom , a kitchen , living room and bath , shall be allowed by a special permit granted by the Board of Appeals . Such dwelling shall be deemed to be owner-occupied if either dwelling unit is occupied by the property owner of record on a year- round basis, except for bona fide temporary absences during which the unit is not rented .-T#e cpartm&Rt ahw! I " ? tFiete d to e by the ., Fty ., ner ' s irnrn2d + family, ineluding laws ( ., eth ,, . fath ., , c,•ef I�=red-us.-cr-avvcm-rrg, e+a• with r-ac6esrrAFy apaFtFn e n� § 179 Article 2, Definitions Delete the following definitions, which will be superceded by definitions for Accessory Dwelling Units and Accessory Commercial Dwelling Units . ( note : The existing zoning bylaw definition for Affordable Housing is unchanged . ) AFFORDABLE ACCESSORY COMMERCIALDWELLING UNIT 4 s: ng, al diStFiGt It Jh4! I I;zwe f Aid 115 2907 FYTn n A ,-+ 20] AFFORDABLE ACCESSORY SINGLE FAMII v DWELLING INN I NIT ( AAID 1 ) AffA. M. We h •+ h ttaehe d OF .detached as an aeeeseeFy us to ta. J: ngl `+ ffamil.,y,. dwell ' it hall have amaximum eftwo bedFeeffl and c maximum ..f900 s e get of aFea . [Added 4: 15 7007 FYTnn A .-+ ern § 179 -42 . 1 Affordable Housing Remove section 17942 . 1 Paragraph B, by deleting general condition 4; and to amend 17942 . 1 Paragraph C, Standards by deleting Subparagraph ( 1 ), and Subparagraph ( 2 ) . 8 § 179 - 11, Table of Use Regulations Amend Chapter 179, Attachment 1 (Table 1 Use Regulations ), by deleting Affordable Accessory Commercial Dwelling Unit (AACDU ) and Affordable Accessory Single Family Dwelling Unit (AADU ) and all designations for where these uses are allowed . Or to take any other action relative thereto . ( Planning Board ) (Two Thirds Vote Required ) CITIZEN' S PETITION /Town Code Amendment/ Prohibition on Mariivana Establishments ARTICLE NO . 13 : To see if the Town will vote to amend the Brewster Town Code Section 59 of the Town ' s General Bylaws, Miscellaneous Bylaws, by deleting Section 59 Definitions and adding the following new section 59 . ( a ) Prohibition In accordance with Massachusetts General Laws Chapter 94G , Section3 ( a ) ( 2 ) , all types of marijuana establishments as defined in Massachusetts General Laws Chapter 94G , Section 1 and as may otherwise be defined by Massachusetts law or regulation , to include, without limitation , all marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers, on -site consumption of marijuana at a marijuana retailer location , any other types of licensed marijuana - related businesses, and the conducting of any such activity for commercial purposes by whichever name used , shall be prohibited within the Town of Brewster. This prohibition shall not be construed to affect the medical use of marijuana as expressly authorized by the provisions of Chapter 369 of the Acts of 2012 and 105 CMR 725 . 000, as may be amended from time to time, or take any other action relative thereto . ( Citizen ' s Petition ) ( Majority Vote Required ) CITIZEN' S PETITION /Zoning Bvlaw Amendment /Table of Use Regulations ARTICLE NO . 14 : To see if the Town will vote to amend Section 179- 11 of the Brewster Code (Zoning By- law) , table of use regulations, by deleting the current Table of Use Regulations relating to Marijuana Cultivators, Marijuana Product Manufacturer, Independent Testing Laboratories, Marijuana Retailers, Any Other Licensed Recreational Marijuana Establishments, and Medical Marijuana Dispensaries ( MMD ) and replacing it with the following Table of Uses, or to take any other action relative thereto : R- R R- L R- M C- H VB I MRD PWS- CF Marijuana Cultivator - - - - - S - - Marijuana Product - - - - - S - = Manufacturer Independent Testing - - - - - S - - Laboratory Marijuana Retailer - - - - - - - - Any Other Licensed - - - - - - - - Recreational Marijuana Establishment Medical Marijuana - - - S S - - - Dispensary ( Citizen ' s Petition ) (Two Thirds Vote Required ) 9 CITIZEN' S PETITION /Zoning Bvlaw Amendment /Recreational Mariivana Establishments ARTICLE NO . 15 : To see if the Town will vote to Amend section 179-38 . 5 of the Brewster Code ( Zoning By- Law) by deleting subsection 179 -38 . 5 ( a ) in its entirety, and substituting the following subsection 179- 38 . 5 ( a ) : " No RME shall be located within 1, 000 feet, as measured from each line of the subject lot, of the following pre -existing uses : a public or private school where children attend classes in preschool programs, kindergarten programs or grades 1 to 12, inclusive, or any religious classes conducted by a house of worship ; a public park; a playground ; or a children ' s camp . " , or to take any other action relative thereto . ( Citizen ' s Petition ) (Two Thirds Vote Required ) 10 OTHER BUSINESS ARTICLE NO . 16 : To act upon any other business that may legally come before this meeting; or to take any other action relative thereto . ( Board of Selectmen ) ( Majority Vote Required ) 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 hand and Seal of the Town of Brewster affixed this 51" day of November 2018. Cynthia A. Bingham , ir David ney, Vice- air if V Benjamin W . deRuyter, Clerk / John T. Dickson tW aryW . qhfee I , Roland W . Bassett Jr, duly qualified Constable for the Town of Brewster, hereby certify that I served the Warrant for the Special Town Meeting of December 3, 2018 by posting attested copies thereof, in the following locations in the Town on the 7t" day of November, 2018 . Brewster Town Offices Cafe Alfresco Brewster Ladies Library Brewster Pizza House The Brewster General Store Millstone Liquors U . S . Post Office W/ let Roland W . Bassett, Jr. stable A TRUE COPY ATTEST: