HomeMy Public PortalAbout2018-12-03 Special Town Mtg Report December 3=d . 2018 Special Town Meeting
Report of the
Special Town Meeting
held December 3=d, 2018
In accordance with the Warrant, the Special Town Meeting was held in the Stony
Brook Elementary School Cafetorium on Monday, December 3rd , 2018 .
The tellers were Pamela Smith , Cynthia Mathison , Lauren Elliott- Grunes , David
Quinn , Edward Swiniarski , June Cameron , Tammi Mason , Jayanne Sci ,
Assistant Town Clerk and Thaddeus Nabywaniec , Francis L . Smith , Board of
Registrars .
A quorum was present with 1292 of 8 , 129 eligible voters , equaling 16%
The Moderator called the Special Town Meeting of December 3rd , 2018 to order
at 7 : 30pm after waiting for the lobby to be checked-in .
► Town Moderator Charles Sumner swore in Michael Gradone as an Assistant
Town Moderator for the Library room .
• At this time the Town Moderator held a moment of silence for Damien Larsen ,
a Stony Brook elementary school student who had recently passed away.
The Moderator verified service of the Warrant with the Town Constable , Roland
Bassett, Jr . on November 7th , 2018 , being no objections the Moderator dispensed
with the reading of the Articles .
11 : 18pm - Select Board Chair Cvnthia Bin ham : I move to discuss
Articles 1 , 2 , and 3 at the same time .
Action: Voice . Adopted.
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 . 001
Or to take any other action relative thereto .
( Board of Selectmen ) ( Nine-tenth Vote Required )
Select Board Chair Cvnthia Bin ham : I move to approve article no . 1 as
printed in the warrant and to transfer the sums of $ 46 , 060 . 00 from General
Insurance account; $206 . 00 from the Golf Reserve Fund; and $72 , 329 . 00
from the Water Reserve Fund for these purposes .
Action on article no . 1 : Voice . Adopted Unanimously.
Page 1 of 13
December 3=d . 2018 Suecial Town Meeting
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 )
Select Board Chair Cvnthia Binzham. I move to approve article no . 2 as
printed in the warrant for items (a) through ( d) , and, further, to transfer the
following sums : $ 23 , 500 . 00 from Council on Aging to Finance & Operations ,
$ 14 , 000 . 00 from Natural Resources to Finance & Operations ; $ 16 , 500 . 00
from Natural Resources to Selectman & Town Administrator and
$ 21 , 000 . 00 from Public Works to Selectman & Town Administrator for
these purposes .
Action on article no . 2 : Voice . Adopted Unanimously .
RESCIND AUTHORIZATIONS
ARTICLE NO . 3a 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 :
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 )
Select Board Chair Cvnthia Bingham : I move to approve article no . 3 as
printed in the warrant .
Action on article no . 3 : Voice . Adopted Unanimously .
Page 2 of 13
December 3=d . 2018 Special Town Meeting
11 : 14pm
AMBULANCE RESERVE FUND
ARTICLE NO . 4o 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 Chapter40, Section 5F, forthe 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 )
Select Board Member David Whitney: I move to approve article no . 4 as
printed in the warrant.
Action on article no . 4 : Voice . Adopted.
11 : 23pm
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 )
Select Board Member Mary Chaffee : I move to approve article no . 5 as
printed in the warrant and to 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. Any premium received upon the sale of any bonds or
notes approved by this vote , less any such premium applied to the payment
of the costs of issuance of such bonds or notes , may be applied to the
payment of costs approved by this vote in accordance with Massachusetts
General Laws Chapter 44 , Section, 20 , thereby reducing the amount
authorized to be borrowed to pay such costs by a like amount .
Action on article no . 5 : Voice . Adopted by a declared 2 / 3 vote .
7 : 40pm
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
Page 3 of 13
December 3=d . 2018 Suecial Town Meeting
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 :
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 $410,000
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 )
Communitv Preservation Committee Chair Paul Ruchinskas : I move to
approve article no . 6 as printed in the warrant .
Amendment to main motion: I move to amend Article 6 3a . to require the
museum to remove the " Private Property" sign on the south side of 6A.
Action on Amendment: Voter Cards . Defeated
Action on article no . 6 main motion: Adopted
Page 4 of 13
December 3rd . 2018 Special Town Meeting
11 : 25Dm
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 $ 805,4881
Or to take any other action relative thereto .
( Community Preservation Committee ) ( Majority Vote Required )
Communitv Preservation Committee Chair Paul Ruchinskas : I move to
approve article no . 7 as printed in the warrant.
Action on article no . 7 : Voice . Adopted Unanimously.
11 : 19DM
TOWN CODE AMENDMENT/Wetlands Protection
ARTICLE NO . 89 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 StFi ethFeugI
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 erre 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 )
Select Board Member John Dickson: I move to approve article no . 8 as
printed in the warrant with the following amendment :
Under 172 - 7 B 1 line 2 , the phrase "up to additional three -year
periods" be replaced with " additional periods of up to three years"
So the second sentence of this section will read:
"Any permit may be renewed for additional periods of up to three years ,
provided that an extension is received, in writing, by the Commission 30
days prior to expiration of the permit. "
Action on article no . 8 : Voice . Adopted.
Page 5 of 13
December 3rd . 2018 Svecial Town Meeting
11 : 21pm
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 strikn.th-r94g4 and text to be inserted shown in bold underline :
Article I . Annual Town Meeting
§ 4& 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 X88-pm- 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 Monday in Nn „ n .,, t, n ,- +n ., rlrlrnrr the t. FaRSaGtinnr of all bus;-no�fnF the
between the first week of October and the first week of December. WheseyeF
��iir r nr� i In nl r -+ m en nn g Day Sp vial Town Meeting
��C-ll caurcprcE2$-It-Fi'1+- �-vnrnc=vvcc I i 3 C T ; n 14v�-WiTrS-vzr�t ccrarrv�vrr-rcrcccros
j,hnIl hp h imr P ;4H vn'rnrt�se Gonrl Monday in AlAyPmhPr
Article VI . Special Town Meetings .
§ 4&8 . Designation of time .
The Special Town Meetings which do not fall within Annual or other Special Town
Meetings shall begin at4s ehanged to 7 , 09 p . m . 6 : 00 p . m . or such later time as set forth
in the warrant for the Special Town Meeting . to ^ ^ .,, menee , . ,ith the e=all of the nn..+
SpeGial Tewn. MeetiRg
Or to take any other action relative thereto .
( Board of Selectmen ) ( Majority Vote Required )
Select Board Member John Dickson : I move to approve article no . 9 as
printed in the warrant .
Action on article no . 9 : Voice . Adopted.
11 : 27pm
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 Strikethre and
text to be inserted shown in bold underline :
Article II . Licensing
§ 8 & 3 . Animal Control .
LICENSE PERIOD
Between ^ n "il I and MaFGh 31 January 1 and December 31 , both dates
inclusive .
B . Licensing required .
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December 3=d. 2018 Special Town Meeting
( 1 ) Effective January 1, 2003 , any person residing in the Town of Brewster who, at the
beginning of the license period (ApFil 1 to " " ., Feh 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 )
Select Board Member Mary Chaffee : I move to approve article no . 10 as
printed in the warrant .
Action on article no . 10 : Voice . Adopted Unanimously.
11 : 11 DM
ZONING BYLAW AMENDMENT/ Licensed Special Event Venue
ARTICLE NO . 11 : To see if the Town will vote to amend Chapter 179- 2, Definitions, and 17941,
Table of Use Regulations, of the Brewster Town Code, as follows, with text to be deleted shown
in sticikethr-eug4 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 annualiv.
179- 11 Table of Use Regulations :
RR RL RM CH VB I MRD PWS- CF
LiGensed Special Event Venue Use ( 5 or P P P P P P P P
less per vear)
LiGensed 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 )
Planning Board Chair Kari Hoffmann: I move to approve article no . 11 as
printed in the warrant .
Action on article no . 11 : Voice . Adopted Unanimously.
• Citizen Ned Chatelain: I move to take article no . 12 out of order.
• Action on taking article no . 12_ out of order: Voice . Adopted.
Page 7 of 13
December 3rd . 2018 Svecial Town Meeting
10 : 22 vm
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 stFil( ethF9ugl4 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 sq . 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 entry,
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 family
house containing a principal dwelling, or in a building accessory to a single family house .
An ADU shall have no more than two bedrooms and shall have a maximum habitable area of
900 sq . 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 family house, or in a building
accessory to a single family house , subject 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, subject
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 ) AII 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 dwelling 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 .
( 5 ) No more than twentv (20 ) building permits shall be issued for the combined total of
ADUs and ACDUs in a single calendar year.
Page 8 of 13
December 3=d . 2018 Special Town Meeting
( 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 bvlaws . A Certificate of
Occupancv shall be required for anv ADU .
( S ) 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
family dwelling. An ADU shall be designed so that, to the maximum extent practical , the
appearance of the property on which it is to be located remains that of a single-family
residential property and the privacv of abutting properties is maintained .
§ 17942 . 3 . Accessory Commercial Dwelling Units (ACDUs )
Accessory single familv dwelling units shall be permitted subject 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,
subject 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 year.
(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 .
§ 179- 11, Use Regulations :
RR RL RM CH VB I MRD PWS- CF
1 . Accessory commercial dwelling unit - - - S S - - -
"ACDU"
2 . Accessory single familv 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 .
Page 9 of 13
December 3=d . 2018 Special Town Meeting
§ 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-familv dwelling units (ADUs) , and accessory
commercial dwelling units (ACDUs) that comply with all provisions of Sections 17942 . 2 and
17942 . 3 , respectively. ADU' s may be permitted by right in the R- L, R- M 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 . The apartment. Shall he reS+ rieted to use
by the pFepeFty ewRer ' s immediate Tarrm y -iriziuv iT isin laws�rr�e zh a r, fat Eye r, b ret h er�isie rT
dwellin ne _family ri+ h annesser. , a aFtmen:
§ 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 . )
Rave 2 m2HIM94::4
Af ARP btrlrecrn end a maximus,., of 600 square feet. „f -, r,, ., .
JA4ed 115 2997 PYTIVI Art* 297
AFFORDABLE nrrrccnw SINGLE FAMI v DWELLING ING I INIT (AAD i )
Aa
r, � � sing ei+ her -+++ -+ rh r� rl � r rin+ -+ nhnd) �r Mn aseessery use to a single 4144y
dwelling. it shell h -. . iIlew, wr, � .11%axlmu twe hepireemcand a mcaxirn " PA of 999 square feet
[ n44edI 115 2997 PvTnn nr+ 29]
§ 17942 . 1 Affordable Housing
Remove section 17942 . 1 Paragraph B, by deleting general condition 4; and to amend 179-42 . 1
Paragraph C, Standards by deleting Subparagraph ( 1 ) , and Subparagraph ( 2 ) .
§ 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 )
Page 10 of 13
December 3=d. 2018 Svecial Town Meeting
Planning Board Chair Kari Hoffmann: I move to approve article no . 12 as
printed in the warrant.
Citizen Tim Holmes : I move to amend Section 6 to allow commercial
ACDU developers 10 and 10 for residential homeowners.
Action on Amendment : Voice . Adopted.
- Action on article no . 12 amended main motion.: Voice . Adopted by a
declared 2 / 3 vote .
• 7 : 45om - Per Petitioner -Articles 13 , 15 , & 14 discussed together in this order.
CITIZEN'S PETITION /Town Code Amendment/ Prohibition on Marijuana 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 )
William Henchv: I move to approve article no . 13 as printed in the
warrant .
Amendment on main motion: No provisions in this article shall apply to
the conversion to adult retail sales by medical Registered Marijuana
Dispensary applicants in the town of Brewster that has secured a duly
issued provisional certificate of Registration from the Massachusetts
Department of Public Health not later than July 1 , 2017.
Action on article no . 13 amended motion : Count Yes - 487 , No - 678 .
Defeated
Amendment to main motion: I move to amend the motion under Article
13 by removing the words " deleting Section 59 Definition" and by deleting
the words "Section 59 " where it appears and replacing those words with the
words " Chapter 59 " .
Action on second amendment: Voter Card. Adopted.
Action on article no . 13 amended main motion: Count Yes - 632 , No 561 .
Adopted.
Citizen Steve Albahari: I move to reconsider article no . 13 .
Action on article 13 motion to reconsider: Counted. Yes - 338 , No - 537 .
Defeated.
Page 11 of 13
December 3rd . 2018 Svecial Town Meeting
10 : 261Dm
* Citizen Jessica Larsen : I move to adjourn Town Meeting until December
10th at 7pm in the Stony Brook Elementary School.
* Action on adjourning Town Meeting Motion: Voice . Defeated.
10 : 47 Dm
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 deletingthe 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 RW 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 )
William Henchv: I move to indefinitely postpone article no . 14 .
Action on article 14 : Voice . Adopted.
9 : 54 vm
CITIZEN ' S PETITION /Zoning Bvlaw Amendment/Recreational Marijuana 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 )
Page 12 of 13
December 3=d . 2018 Svecial Town Meeting
William Henchv: I move that the Town 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 on a lot within 1 , 000 feet, as measured
from each line of the subject lot, of a lot that contains any 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 childcare center; a public park; a
playground; or a children' s camp . "
Action on article no . 15 : Counted. Yes - 567 , No - 400 . Defeated.
Citizen Elbert Ulshoeffer: I move to indefinitely postpone article no . 15 .
Action on motion : Voice . Defeated.
OTHER BUSINESS
ARTICLE NO . 16e 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 )
Select Board Chair Cvnthia Bin ham : I move to dissolve the 2018 Special
Town Meeting.
Action on article no . 16 : Voice . Adopted.
The Special Town Meeting held December 3 , 2018 was dissolved at 11 : 30pm .
A True Copy Attest :
Colette M . Williams , CMC / CMMC
Town Clerk
Brewster, MA
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