This is an unofficial version of Falmouth's Fall 2001 General and Special Town Meeting Warrants, converted to HTML from the official town version by FCTV's webmaster. The General Town Meeting Warrant is first, followed by the Special Town Meeting Warrant.

WARRANTS FOR THE GENERAL AND SPECIAL TOWN MEETINGS

TUESDAY, NOVEMBER 13, 2001 AT 7:00 P.M.

The sixty articles of the Warrant for the General Town Meeting are listed below, followed by the four articles of the Special Town Meeting. Note that Article numbers start at 1 in each case.

The General Town Meeting took place on Tuesday and Wednesday, November 13 and 14.. The Special Town Meeting took place on Wednesday, prior to resumption of the General Town Meeting. The General Town Meeting finished Tuesday evening before 11:00 PM, so a third evening was not needed

  ARTICLE 1:

To see if the Town will vote to appropriate One Thousand One Hundred Seventy-two Dollars ($1,172) for the purpose of paying unpaid bills from a prior fiscal year and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.
West Group - Board of Selectmen$651.68
New Wave Printing - Board of Selectmen$ 93.21
Mass. Commission for the Deaf - Human Services  $106.50
Margaret E. Buckley - Planning Department$320.00

RECOMMENDATION (Finance Committee): That the Town vote to transfer $9,060.04 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 1 as follows:
West Group - Board of Selectmen$651.68
New Wave Printing - Board of Selectmen$ 93.21
Mass. Commission for the Deaf - Human Services $106.50
Margaret E. Buckley - Planning Department$320.00
Brewer Electric - Recreation Department$3,492.50
Rochester Midland - Recreation Department$238.00
Eastman's Hardware - Recreation Department$154.15
Harvey Glennon - Town Meeting$4,004.00

EXPLANATION: Bills for items purchased or services performed during one fiscal year cannot be paid in another fiscal year without Town Meeting approval. The invoices for these items were received too late to be paid from the fiscal year 2001 budget.

  ARTICLE 2:

To see if the town will vote to amend sections 240-23 G (1), 240-33 G (1) and 240-38 G (1) of the Zoning Bylaw by inserting the words "if a)The lot is 30,000 square feet or less or; b) The footprint of the garage is more than 800 square feet." So as to read:
"Garage space for more than two carsif:
a) The lot is 30,000 square feet or less or;
b) The footprint of the garage is more than 800 square feet
Or do or take any other action on this matter. On request of the Planning Board.

RECOMMENDATION (Planning Board): That the Town vote to amend sections 240-23 G (1), 240-33 G (1) and 240-38 G (1) of the Zoning Bylaw by inserting the words "if a)The lot is 30,000 square feet or less or; b) The footprint of the garage is more than 800 square feet or fifty (50) percent of the footprint of the principal structure which ever is less. " So as to read:


"Garage space for more than two cars if:
a) The lot is 30,000 square feet or less or;
b) The footprint of the garage is more than 800 square feet or fifty (50) percent of the footprint of the principal structure which ever is less.

EXPLANATION: In today's bylaw all garage space for more than two cars requires a special permit from the Board of Appeals, regardless of lot size or the size of the garage. This change would result in the requirement of a special permit for a 3 car garage only if the lot is 30,000 square feet or less or if the garage space is more than 800 square feet or more than 50% of the footprint of the principal structure. Otherwise the garage would be considered an accessory use allowed by right.

  ARTICLE 3:

To see if the town will vote to amend the Official Zoning Map by adopting the following map entitled:
" Recharge Areas of Coastal Ponds in Falmouth" dated August 1, 2001, scale 1" = 2000'
as shown on the map at the back of the Warrant Booklet.

And to see if the town will vote to amend Article XXI - Coastal Pond Overlay District - of the Zoning Bylaw by amending Section 240-98 by deleting the words:

"Recharge Areas of Freshwater Ponds, Coastal Ponds, Existing and Proposed Public Water Supply Wells, scale 1" = 2000' as adopted by Article 52 of the Falmouth Annual Town Meeting, April 1984",

and insert in its place the words

" Recharge Areas of Coastal Ponds in Falmouth" dated August 1, 2001, scale 1" = 2000' on file with the town clerk."

So as to read:

"§ 240-98. Establishment and delineation of Coastal Pond Overlay District.

For the purposes of this Article, there is hereby established in the Town of Falmouth the Coastal Pond Overlay District, which is an overlay district superimposed on the zoning districts. This district is depicted on a map entitled "Recharge Areas of Coastal Ponds in Falmouth" dated August 1, 2001, scale 1" = 2000' on file with the town clerk."

And by amending Section 240-98.C. of the Zoning Bylaw by deleting the word "other" and inserting the word "water" and delete the words "if those developments fall within the recharge areas for coastal ponds as shown on the official zoning map" so as to read:

"§240-98.C. Special Permit uses filed in accordance with Article XXXII of this chapter within 2,000 feet of those water bodies listed in §240-100 that do not have defined recharge areas."

Or do or take any other action on this matter. On request of the Planning Board.

RECOMMENDATION (Planning Board): That the Town vote Article 3 as printed in the warrant.

EXPLANATION: This Article updates the Coastal Pond Overlay District map to include recharge areas along Buzzard's Bay. The Article also eliminates ambiguous language from the bylaw.

  ARTICLE 4:

To see if the town will vote to amend Article VI - General Residence Districts - of the Zoning Bylaw by adding the following to §240-26. Other permitted principal uses:

"C. Multi-family dwelling of three units if at leastone unit is affordable as defined and a deed restriction, covenant or other suitable instrument, acceptable to and enforceable by the town is recorded with the land records ensuring that said unit(s) remain affordable."

Or do or take any other action on this matter. On request of the Planning Board.

RECOMMENDATION (Planning Board): That the town vote Article 4 as printed in the warrant.

EXPLANATION: This article will add a three-family dwelling as permitted use in a General Residence district, if at least one of the units is made affordable.

  ARTICLE 5:

To see if the Town will vote to amend Article XXII - Parking Requirements - of the Zoning Bylaw by deleting § 240-108.1.C (2) and inserting in its place the following:

240-108.1.C. (2) All loading spaces shall be at least 14 feet wide by 45 feet long. Loading areas shall be designed so that all vehicles entering or leaving the lot shall do so in a forward direction, without backing onto or from a public way and all such loading areas shall be properly posted and signed indicating this restriction. Or do or take any other action in this matter. On request of the Planning Board.

RECOMMENDATION (Planning Board): That the Town vote Article 5 as printed in the warrant.

EXPLANATION: This bylaw regulates the design of off-street loading areas so that vehicles don't back into a public way from the lot, or back from a public way onto a lot.

  ARTICLE 6:

To see if the town will vote to amend Article III - Definitions - of the Zoning Bylaw by adding the following sentence at the end of the second sentence of the definition of "Substantial Improvement":

"For the purposes of this definition, in Velocity V Zones "substantial improvement" also includes any addition(s), improvement(s), alteration(s) or combinations thereof to a structure that would add more than 200 square feet of gross floor area." So as to read:

"SUBSTANTIAL IMPROVEMENT -- Any combination of repair, reconstruction, rehabilitation, addition or other improvement of a structure, performed within any twelve-month period, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the initial improvement or repair is started. For the purposes of this definition, "substantial improvement" commences when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. For the purposes of this definition, in Velocity V Zones "substantial improvement" also includes any addition(s), improvement(s), alteration(s) or combinations thereof to a structure that would add more than 200 square feet of gross floor area.

and to delete §§ 240-82.B., 240-83.B and 240-83.D and insert the following:

"240-82.B Substantial improvement (as defined) of a structure which includes in Velocity (V) Zones any addition(s), improvement(s), alteration(s) or combinations thereof to a structure that would add more than 200 square feet of gross floor area. "

§ 240-83.B. Forany new residential structure or the substantial improvement of aresidential structurethe lowest floorshall be elevated to or above the base flood elevation level.

240-83.D.Forany new nonresidential structure or the substantial improvement of a nonresidential structure the lowest floorshall be elevated to or above the base flood elevation level or be flood proofed (as defined) to this level.

Or do or take any other action on this matter. On request of the Planning Board.

RECOMMENDATION (Planning Board): That the town vote Article 6 as printed in the warrant.

EXPLANATION: This Article makes it clear that "substantial improvement" includes work in a velocity "V" zone that totals more than 200 square feet. The Article also eliminates some ambiguous language from the bylaw.

  ARTICLE 7:

To see if the town will vote to amend Article XIV - Dimensional Regulations - of the Zoning Bylaw by amending section 240-70.B by inserting the words: "except that the municipal purposes found in section 240-30.B shall not be subject to the height provisions of this bylaw" so as to read:

§240-70.B In Public Use Districts, the maximum building height for permitted community service uses is three stories, not to exceed 50 feet, except that the municipal purposes found in section 240-30.B shall not be subject to the height provisions of this bylaw.

And to see if the town will vote to amend the Official Zoning Map in the following manner:

To rezone from Agricultural A to Public Use the following parcels:

The land shown on Falmouth Assessor's Map, 27 Section 03 Parcel 016, Lot 000, containing 65.7 acres of land more or less; The land shown on Falmouth Assessor's Map, 21 Section 09 Parcel 010, Lot 000, containing 90.84 acres of land more or less; The land shown on Falmouth Assessor's Map, 20 Section 06 Parcel 059, Lot 001, containing 18.12 acres of land more or less; The land shown on Falmouth Assessor's Map, 20 Section 06 Parcel 060B, Lot 002, containing 1.82 acres of land more or less;

To rezone from Agricultural AA to Public Use the following parcels:

The land shown on Falmouth Assessor's Map, 16, Section 03 Parcel 007, Lot 001, containing 80.37 acres of land more or less; The land shown on Falmouth Assessor's Map, 16 Section 03 Parcel 012, Lot 000, containing 10.44 acres of land more or less; The land shown on Falmouth Assessor's Map, 11 Section 01 Parcel 028, Lot 000, containing 8.0 acres of land more or less;

To rezone from Light Industrial B to Public Use the following parcels:

The land shown on Falmouth Assessors Map15, Section 04, Parcel 027A, Lots 021 & 062, containing 4.88 and 4.02 acres;

All of the above properties are also shown on maps entitled "Map of Proposed Rezoning, Public Water Supply Wells", dated August 23, 2001, scale 1" = 1400' as appearing in the Appendix of the fall 2001 Annual Town Meeting warrant.

Or do or take any other action on this matter. On request of the Board of Selectmen

RECOMMENDATION (Planning Board): The Planning Board will give its recommendation on Town Meeting floor.

  ARTICLE 8:

To see if the Town will vote to amend the official zoning map of the Town of Falmouth to rezone from GB to Light A Industrial the land shown on Falmouth Assessors Map 34, Section 04, Parcel 032, Lot 003, located at 570 Teaticket Highway, Teaticket consisting of seven (7) acres plus or minus. A deed restriction for 30 affordable one and two bedroom units, plus 12 one and two bedroom units at market price in perpetuity has been submitted and is in place at the Falmouth Town Attorney's office. On request of A. John Alves.

RECOMMENDATION (Planning Board): The Planning Board will give its recommendation on Town Meeting floor.

  ARTICLE 9:

To see if the Town will vote to amend the Zoning By-law by adding to Section 240-51.B. (3) the following sentence:

On Special Permit from the Board of Appeals, parking facilities where a fee is to be charged, or to serve uses within the Marine District, shall also be allowed in a B-3 District within 500 feet of a Marine District.

On request of Maureen Kelley.

RECOMMENDATION (Planning Board): Indefinite Postponement.

EXPLANATION: The Planning Board believes parking for a fee should only occur in Business 2 zoning districts because Business 3 districts often abut residential neighborhoods.

  ARTICLE 10:

To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Massachusetts, for the purpose of OPEN SPACE, WATER RESOURCE PROTECTION and/or PUBLIC RECREATION, as provided in either Chapter 40, Section 8C of the General Laws or any other appropriate authority, said land to be under the jurisdiction and control of either the Conservation Commission or the Board of Selectmen as specified and being described as follows:

PARCEL 1: Land now or formerly of Agnes Hotter, Trustee, containing 5.05 acres, more or less, and being shown on Falmouth Assessors Map 40, Section 12, Parcel 040, Lot 000 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 08595, Page 0043 Said land to be under the jurisdiction of the Conservation Commission; and

PARCEL 2: Land now or formerly of John E. Rapose, containing 3.94 acres, more or less, and being shown on Falmouth Assessors Map 33, Section 14 Parcel 002, Lot 000 and described in a deed recorded in the Barnstable County Registry of Deeds, Land Court Certificate of Title #159916 Said land to be under the jurisdiction of the Board of Selectmen; and

PARCEL 3: Land now or formerly of Todd G. Wood, Trustee, containing .97 acres, more or less, and being shown on Falmouth Assessors Map 30, Section 05, Parcel 008a, Lot 010 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 07160, Page 0152 Said land to be under the jurisdiction of the Conservation Commission; and

PARCEL 4: Land now or formerly of Lisa E. Davis, Trustee, containing .78 acres, more or less, and being shown on Falmouth Assessors Map 30, Section 05, Parcel 008a, Lot 011 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 07160, Page 0139 Said land to be under the jurisdiction of the Conservation Commission; and

PARCEL 5: Land now or formerly of Ernest W. Souza, containing 11.2 acres, more or less, minus a two acre portion containing a residence and being shown on Falmouth Assessors Map 29, Section 06, Parcel 010, Lot 000 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 09982, Page 0348 Said land to be under the jurisdiction of the Conservation Commission;

And, further, to appropriate a sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, and further to authorize the Board of Selectmen or its designee to accept any further gifts of property, real, personal or otherwise, in relation to the foregoing acquisition and to enter into any agreements and to execute all documents it deems advantageous on behalf of the town, for partial or full reimbursements of the cost of acquisition, and to determine how the same shall be raised, including appropriation from the Land Bank Fund or by borrowing said sum or any part thereof pursuant to Chapter 44, Section 7(3) of the Massachusetts General Laws, or any other enabling authority and to issue bonds or notes of the Town therefore, and by whom expended. Or do or take any other action this matter. On request of the Board of Selectmen.

RECOMMENDATION: The Finance Committee will make its recommendation on Town Meeting floor.

EXPLANATION: Purchase and Sale Agreements had not been signed before the Warrant Booklet was printed.

  ARTICLE 11:

To see if the Town will vote to appropriate Two Hundred Forty-two Thousand Five Hundred Ninety-two Dollars ($242,592) to purchase the property at 66 Depot Avenue known as Assessors Map 38 Section 01 Parcel 013 Lot 000 and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION: Indefinite Postponement.

EXPLANATION: The Finance Committee believes that the purchase price of $242,592 is far more than what the prospective uses for this approximately one half-acre parcel warrant.

  ARTICLE 12:

To see if the Town will vote to appropriate a sum of money to purchase land on Route 28, East Falmouth Highway known as Assessors Map Number Map 29, Section 04, Parcel 014D, Lot 003 and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION: That the Town vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Commonwealth of Massachusetts for general municipal purposes, said land to be under the jurisdiction and control of the Board of Selectmen, and being

Land now or formerly of Paul McGonigle in East Falmouth, Barnstable County, Massachusetts, more particularly bounded and described as follows:

SOUTHERLY by Route 28-State Highway-as shown on a plan hereinafter mentioned, two hundred forty-eight and 55/100 (248.55) feet;

WESTERLY by Lot 2 as shown on said plan, five hundred forty-four and 27/100 (544.27) feet;

NORTHERLY by Corn Hill Road as shown on said plan, one hundred sixty and 68/100 (160.68) feet; and

by land now or formerly of Herman Oeschger as shown on said plan, five hundred thirty-five and 73/100 (535.73) feet.

Meaning and intending to convey Lot 3 as shown on a plan entitled "Plan of Land of the Estate of Manual Baptiste in East Falmouth, Mass., Scale: 1" = 40' (1:480), dated September 17, 1976, Philip D. Holmes, Civil Engineer-Land Surveyor", and recorded with the Barnstable County Registry of Deeds in Plan Book 308, Page 36. Said Lot 3 contains, according to said plan, 2.52 acres, more or less.

For title see deed recorded in the Barnstable County Registry of Deeds in Book 13798, Page 311.

And further to appropriate the sum of $210,000.00 from certified free cash to be spent under the jurisdiction of the Board of Selectmen for the acquisition of the foregoing land, including costs incidental and related thereto, and further authorized the Board of Selectmen or its designee to accept any further gifts of property, real, personal or otherwise, in any agreement and to execute all documents it deems advantageous on behalf of the town, for partial or full reimbursements of the cost of acquisition.

EXPLANATION: The purchase of this parcel by the town will begin to address the increasingly urgent need to acquire land for municipal uses. While the town continues to purchase land for conservation and open space, the Finance Committee supports this effort to prepare for future municipal needs, both local and town wide.

  ARTICLE 13:

To see if the Town will accept the doings of the Board of Selectmen in laying out Summer Wind Lane according to plans filed with the Town Clerk for taking as a public way. Or do any other action on this matter. On Request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 13 as printed.

  ARTICLE 14:

To see if the Town will vote to hear a report from the Mullen School Building Committee on the progress of the renovation plans to the Mullen School. Or do or take any other action in this matter. On request of the Mullen School Building Committee.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 14 as printed.

  ARTICLE 15:

To see if the Town will vote to hear a report from the High School Building Committee on the progress of the renovation plans to the High School. Or do or take any other action in this matter. On request of the High School Building Committee.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 15 as printed.

  ARTICLE 16:

To see if the Town will vote to amend the Falmouth Code by deleting Sections 223-1 through 223-6 and adding the following:

§ 223-1. Authority

This Bylaw is adopted by the Town of Falmouth under its police powers to protect public health and welfare and its powers under M.G.L. c.40, §§21 et seq. and implements the Town's authority to regulate water use pursuant to M.G.L. c.41, §69B. This bylaw also implements the Town's authority under M.G.L. c.40, §41A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection.

§223-2 Purpose

The purpose of this bylaw is to protect, preserve and maintain the public health, safety and welfare whenever there is in force a State of Water Supply Conservation or State of Water Supply Emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department of Environmental Protection.

§223-3 Definitions

For the purpose of this bylaw, the following terms shall have the meanings indicated:

Enforcement Authority: The Town's Department of Public Works or other department or board having responsibility for the operation and maintenance of the water supply, the Board of Health, the Health Agent, Department of Natural Resources, the Police Department and the Conservation Officer.

Person: Shall mean any individual, corporation trust, partnership or association, or other entity.

State of Water Supply Emergency: Shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under M.G.L. c.21G, § 15-17.

State of Water Supply Conservation: Shall mean a State of Water Supply Conservation declared by the Town pursuant to §223-4 of this bylaw.

Water Users or Water Consumers: Shall mean all public and private users of the Town's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility.

§223-4 Declaration of a State of Water Supply Conservation

The Town, through its Board of Selectmen, may declare a State of Water Supply Conservation upon a determination by a majority vote of the Board that a shortage of water exists, or may reasonably be determined to be imminent, and conservation measures are appropriate to ensure the safe and adequate supply of water to all water consumers. Public notice of a State of Water Supply Conservation shall be given under §223-6 of this bylaw before it may be enforced.

§223-5 Restricted Water Uses

A declaration of a State of Water Supply Conservation shall include, but not be limited to, one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the public supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under §223-6.

§223-6 Public Notification of a State of Water Supply Conservation; Notification of DEP

Notification of any provision, restriction, requirement or condition imposed by the Town as part of a State of Water Supply Conservation shall be published in a newspaper of general circulation within the Town, or by such other means reasonably calculated to reach and inform all users of water of the State of Water Supply Conservation. Any restriction imposed under §223-5 shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.

§223-7 Termination of a State of Water Supply Conservation; Notice

A State of Water Supply Conservation may be terminated by a majority vote of the Board of Selectmen, upon a determination that the water supply shortage no longer exists. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner required by §223-6.

§223-8 State of Water Supply Emergency; Compliance with DEP Orders

Upon notification to the public that a declaration of a State of Water Supply Emergency has been issued by the Department of Environmental Protection, no person shall violate any provision, restriction, requirement or condition of any order approved or issued by the Department intended to bring about an end to the State of Emergency.

§223-9 Penalties

Any person violating this bylaw shall be liable to the Town in the amount of $50.00 for the first violation and $100.00 for each subsequent violation which shall inure to the Town for such uses as the Board of Selectmen may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with section 21D of chapter 40 of the general laws. Each day of violation shall constitute a separate offense.

Termination of water service may be imposed subsequent to a fifth offense.

§223-10 Severability

The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.

And further, that the Town Clerk be authorized to renumber Article II - Cross Connections - Sections 223-7 through 227-6 to allow for this amendment. Or do or take any other action in the matter. On request of the Utilities Manager.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 16 as printed.

EXPLANATION: The additional regulatory controls in this bylaw provide property owners/consumers additional incentive to conserve water.

  ARTICLE 17:

To see if the Town will vote to appropriate One Million Eight Hundred Eighty-three Thousand Dollars ($1,883,000) to fund the Fiscal Year 2002 Capital Budget and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen. (NOTE: Article 17 appears in detail immediately after the last page of articles in the Warrant Booklet.

PLEASE NOTE: The Capital Budget appears in the middle of the Warrant Booklet on the green pages.

  ARTICLE 18:

To see if the Town will vote to appropriate One Hundred Fifty Thousand Dollars ($150,000) to pay for the purchase of water from the Upper Cape Regional Water Cooperative from January 1, 2002 through June 30, 2002 and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $150,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 18.

EXPLANATION: The April 2001 Annual Town Meeting accepted Chapter 352 of the Acts of 2000, establishing the Upper Cape Regional Water Supply Cooperative. A ballot question in the May Annual Town Election subsequently approved the cooperative. While the town did not pay capital costs, it does share in the maintenance of the plant and for the projected water usage. This is for a six-month period. Providing additional water supply for future town needs continues to be critical.

  ARTICLE 19:

To see if the Town will vote to appropriate a sum of money for the purpose of performing a wastewater collection system study for a proposed West Falmouth Harbor sewer service area and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Utilities Manager.

RECOMMENDATION (Finance Committee): The Finance Committee expects to make positive motions on both Articles 19 and 20 on wn Meeting floor.

EXPLANATION: The funding estimates necessary for Articles 19 and 20 had not been received from the engineers at the printing deadline.

  ARTICLE 20:

To see if the Town will vote to appropriate a sum of money for the purpose of performing a wastewater collection system study for a proposed Maravista and portion of Falmouth Heights sewer service area and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Utilities Manager.

RECOMMENDATION (Finance Committee): See Article 19.

EXPLANATION: See Article 19.

  ARTICLE 21:

To see if the Town will vote to appropriate Twenty Thousand Dollars ($20,000) from Land Bank receipts for the purpose of paying administrative fees for costs related to Land Bank purchases and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $20,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 21.

EXPLANATION: The Town is reimbursed for the appraisals of Land Bank parcels.

  ARTICLE 22:

To see if the Town will vote to appropriate Nine Hundred Sixty Dollars ($960) to Budget Line 01122-51135 - Recording Meetings and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $960 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 22.

EXPLANATION: The Transportation Management Commission has requested clerical assistance to record the minutes of its meetings.

  ARTICLE 23:

To see if the Town will vote to appropriate Five Thousand Dollars ($5,000) to Budget Line 01198-52341 - Communication Telephone and to determine how the same shall be raised and by whom expended. Or do or take any other in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $5,000 from Certified Free Cash to be expended under the jurisdiction of the Facilities Maintenance Coordinator for the purposes of Article 23.

EXPLANATION: The cost of the new T1 line in Town Hall has exceeded the amount that was budgeted for Fiscal Year 2002.

  ARTICLE 24:

To see if the Town will vote to appropriate Twelve Thousand Dollars ($12,000) for the purposes of continuing part-time student Apprentice/Intern positions within town government departments, and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $12,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 24.

EXPLANATION: The Apprentice/Intern Program was originally approved by the November 1998 Annual Town Meeting. Departments that have been provided with interns have found them to be most helpful and recommend this program be continued.

  ARTICLE 25:

To see if the Town will vote to appropriate Five Thousand Dollars ($5,000) for the purposes of funding a Request for Proposal for Overall Town Insurance costs and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $10,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 25.

EXPLANATION: The cost of the Town's overall insurance has been escalating sharply. It is hoped that this will enable us to curb our expenses. The cost estimate for this study was revised during the review process.

  ARTICLE 26:

To see if the Town will vote to appropriate Eighty-four Thousand Six Hundred Dollars ($84,600) from the Land Bank account for the purpose of paying interest on short-term loans and to determine by whom expended. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote Article 26 as printed to be expended under the jurisdiction of the Town Treasurer for the purposes of Article 26.

EXPLANATION: The Town Treasurer needs funding to make planned interest payments on land purchased in previous years under the Land Bank Act.

  ARTICLE 27:

To see if the Town will vote to appropriate the sum of Twenty Five Thousand Dollars ($25,000) for the purpose of completing the historic documents preservation project and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Clerk.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $25,000 from Certified Free Cash to be expended under the jurisdiction of the Town Clerk for the purposes of Article 27.

EXPLANATION: This funding is expected to complete the project of preserving the Town's records. Future generations will appreciate the town's forethought in preserving these records, some of which date to the 1800's.

  ARTICLE 28:

To see if the Town will vote to appropriate Forty-six Thousand Eight Hundred Seventy-three Dollars ($46,873) for the purpose of purchasing election equipment for the ninth precinct, upgrading the existing equipment and purchasing magnification equipment for the visually impaired and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Clerk.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $46,873 from Certified Free Cash to be expended under the jurisdiction of the Town Clerk for the purposes of Article 28.

EXPLANATION: Our ninth precinct has been created and must be equipped. Some older voting devices will also be upgraded. Additionally, all voting sites will be equipped with handicap voting booths and magnification units for the visually impaired.

  ARTICLE 29:

To see if the Town will vote to appropriate Thirty-five Thousand Dollars ($35,000) for the purpose of converting that portion of the new Town Hall addition located immediately below the Selectmen's Meeting Room into a records storage facility and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $35,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 29.

EXPLANATION: Record storage is a critical need at Town Hall. This expenditure will convert space unfinished when Town Hall was renovated.

  ARTICLE 30:

To see if the Town will vote to appropriate Twenty Thousand Dollars ($20,000) for the purpose of stormwater management on part of Quaker Road and Acorn Drive, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $20,000 from Certified Free Cash to be expended under the jurisdiction of the Director of Public Works for the purposes of Article 30.

EXPLANATION: Private property on the sites on Quaker Road referred to in both Articles 30 and 31 are flooded in heavy rains due to road runoff. The funding will allow for correction of these problems.

  ARTICLE 31:

To see if the Town will vote to appropriate the sum of Thirty Thousand Dollars ($30,000) for the purpose of stormwater management on part of Quaker Road near Cliffwood Lane, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $30,000 from Certified Free Cash to be expended under the jurisdiction of the Director of Public Works for the purposes of Article 31.

EXPLANATION: See Article 30.

  ARTICLE 32:

To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000) for the purpose of providing engineering workstation upgrades for the D.P.W. Engineering Division, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $20,000 from Certified Free Cash to be expended under the jurisdiction of the Director of Public Works for the purposes of Article 32.

EXPLANATION: The equipment in the Engineering Office is outdated and needs replacement.

  ARTICLE 33:

To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000) for the purpose of funding a Speed Zone Study for 10 Town roadways, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $15,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purpose of Article 33.

EXPLANATION: The Traffic Study Committee has determined the need to change speed limits on some Town roads. The State requires a traffic engineering study before this can be done.

  ARTICLE 34:

To see if the Town will vote to appropriate Twenty-five Thousand Four Hundred Sixty-seven Dollars ($25,467) for the purpose of providing workstation upgrades for several Town offices. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $25,467 from Certified Free Cash to be expended under the jurisdiction of the Town Accountant for the purposes of Article 34.

EXPLANATION: This article funds the upgrade of equipment in the offices of the Town Collector, Town Accountant and Finance Committee and a separating screen in the Zoning Board of Appeals.

  ARTICLE 35:

To see if the Town will vote to appropriate One Thousand Dollars ($1,000) for the purpose of replacing Weights and Measures Standards and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Sealer of Weights and Measures.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $1,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 35.

EXPLANATION: The standards owned by the town do not meet current State requirements.

  ARTICLE 36:

To see if the Town will vote to appropriate Seven Thousand Five Hundred Dollars ($7,500) for the purpose of updating and printing a current conservation land map and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $7,500 from the Wetlands Protection Fund to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 36.

EXPLANATION: The last printing of the conservation land map was in 1997. The inventory has been depleted. The new maps will reflect acquisitions in the intervening years.

  ARTICLE 37:

To see if the Town will vote to transfer Sixty Thousand Dollars ($60,000) from the Reserve/Waterways Appropriation fund for the purpose of funding the reconstruction of the Harrington Street Boat Ramp. Or do or take any other action in this matter. On request of the Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote to approve Article 37 as printed, said funds to expended under the jurisdiction of the Waterways Committee.

EXPLANATION: The Harrington Street ramp has been repaired several times but continues to be marginally useable. This expenditure will allow for a reconstruction.

  ARTICLE 38:

To see if the Town will vote to appropriate Thirty Thousand Dollars ($30,000) for the purpose of partial funding of the 2005 revaluation for the Town of Falmouth and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Assessors.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $30,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Assessors for the purposes of Article 38.

EXPLANATION: Revaluation funding typically occurs over a period of years. This is the first installment on 2005.

  ARTICLE 39:

To see if the Town will vote to appropriate Three Hundred Thousand Dollars ($300,000) for the purpose of funding the construction of traffic control signals at the Main Street Fire Headquarters and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): The Finance Committee expects to make a positive recommendation on this article on Town Meeting floor.

EXPLANATION: Three Hundred Thousand Dollars is an approximate number. The appropriation needed to fund the construction of traffic control signals was not available when considered by the Finance Committee. This is a necessary component of the Fire Headquarters renovation.

  ARTICLE 40:

To see if the Town will vote to appropriate Eight Thousand Dollars ($8,000) for the purposes of repairs and fencing at the Animal Control Center and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter on request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $5,000 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purpose of repairs to the Animal Control Center; and further, to direct the Board of Selectmen to pursue legal proceedings to obtain compensation from the contractor.

EXPLANATION: A defect in the construction has resulted in water used to hose down the floor running back into the building. The Finance Committee reluctantly has agreed to recommend funds for these repairs to eliminate the resulting health hazard and structural damage to a new building. However, it firmly believes the contractor must be held responsible for the problem. The Finance Committee did not recommend an additional request of $3,000 for fencing as the Town was promised in 1999 that any costs above the requested $220,000 would be raised independently.

  ARTICLE 41:

To see if the Town will vote to appropriate One Thousand Two Hundred Thirty-nine Dollars ($1,239) for the purpose making of a donation to the Buzzards Bay Action Committee and to determine how the same shall be raised an by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $1,239 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 41.

EXPLANATION: The Buzzards Bay Action Committee cannot assess the Town for funding, but the Town may vote to make a contribution. This will appear in the Selectmen's budget next year, as it is a yearly contribution.

  ARTICLE 42:

To see if the Town will vote to authorize the Board of Selectmen to accept grant funds from the Massachusetts Technology Park Corporation in accordance with the Massachusetts General Law Chapter 40J, Section 4e and to apply and transfer said funds to offset fees incurred with the SEMASS Partnership contract. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to authorize the Board of Selectmen to accept grant funds in the amount of $274,467.54 from the Massachusetts Technology Park Corporation, in accordance with the General Laws Chapter 40J Section 4e and to apply and transfer said funds to offset fees incurred with the SEMASS Partnership contract.

EXPLANATION: This is the second year of a three-year payment schedule to the town from the Massachusetts Technology Park Corporation. These funds will be paid to SEMASS to offset the tipping fees incurred by the town for municipal solid waster delivered to SEMASS in accordance with the third amendment to the waste acquisition agreement.

  ARTICLE 43:

To see if the Town will vote to change the Town's Position Classification Plan to be effective December 1, 2001:

DELETE: Assistant to Administrator/Personnel Gr. 09

ADD: Administrative Assistant - Town Administrator Gr. 09
(full time)

ADD: Benefits Coordinator - Personnel (full time) Gr. 09

Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 43 as printed.

EXPLANATION: This article creates a fulltime Administrative Assistant in the Administrator/Selectmen's office and a fulltime Benefits Coordinator in the Personnel Office. Both of these positions should be fulltime as the workload dictates.

  ARTICLE 44:

To see if the Town will vote to appropriate a sum of money, to be appropriately distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 2001, as agreed to by the Town of Falmouth and the Falmouth Police Federation, and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No settlement has been reached.

  ARTICLE 45:

To see if the Town will vote to appropriate a sum of money, to be appropriately distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 2001, as agreed to by the Town of Falmouth and the Falmouth Police Superior Officers and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No settlement has been reached.

  ARTICLE 46:

To see if the Town will vote to appropriate a sum of money, to be appropriately distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 2001, as agreed to by the Town of Falmouth and the International Association of Firefighters, Local 1397, and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No settlement has been reached.

  ARTICLE 47:

To see if the Town will vote to appropriate a sum of money, to be suitably distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 2001, as agreed to by the Town of Falmouth and American Federation of State, County and Municipal Employees, Local 1636, and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No settlement has been reached.

  ARTICLE 48:

To see if the Town will vote to appropriate a sum of money, to be suitably distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 2001, as agreed to by the Town of Falmouth and the Laborer's International Union of North America, AFL-CIO, Local 1249, and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No settlement has been reached.

  ARTICLE 49:

To see if the Town will vote to appropriate a sum of money, to be suitably distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 2001, as agreed to by the Town of Falmouth and the Falmouth Public Library Association, Massachusetts Laborers' District Council and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No settlement has been reached.

  ARTICLE 50:

To see if the Town will vote to amend the Town's Classification Plan for the Administrative, Management and Technical permanent employees. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Board of Selectmen): That the Town vote the MMA Consulting Group, Inc.'s Fall 2001 recommended Classification and Compensation Plan for the positions affected as follows:

POSITION TITLE

CURRENT
CLASSIFICATION
(GRADE)

PROPOSED
CLASSIFICATION

Town Counsel

20

M-12

Chief of Police

19

M-11

DPW Director

19

M-11

Fire Chief

19

M-11

Utilities Manager

17

M-10

Library Director

17

M-10

Assistant Town Administrator

15

M-10

Director of Information Technology

16

M-10

Personnel Director

16

M-9

Police Captain*

NR

M-9

Human Services Director

15

M-9

Town Engineer

16

M-9

Town Planner

15

M-9

Building Commissioner

16

M-9

Town Accountant

16

M-9

Town Treasurer

16

M-9

Town Collector

16

M-9

Assistant Library Director

13

M-8

COA Director

12

M-8

Recreation Director

13

M-8

Superintendent of Highways

16

M-8

Assistant Town Engineer

13

M-8

Conservation Administrator

12

M-8

Superintendent of Parks/Forestry

15

M-8

Computer Operations Manager

14

M-7

Assistant Utilities Manager

14

M-6

Clinical Social Worker

11

M-6

Assistant Town Planner

11

M-5

Adm. Assistant/Budget Officer

10

M-5

Systems Analyst

13

M-5

Outreach Worker

8

M-4

Superintendent - Transfer Station

11

M-4

GIS Coordinator

10

M-4

Administrative Assistant

9

M-3

Benefits Coordinator

9

M-3

Principal Office Asst. (legal)

8

M-3

No Positions Assigned

M-2

Office Assistant

5

M-1

*Police Captains are not currently rated.

EXPLANATION: The April 2001 Special Town Meeting approved an article to fund a study of the town's non-aligned technical, administrative and management positions. These positions have not been reviewed since 1987. The necessary changes to job descriptions, salary structure and benefits are needed in order to recruit and retain the best possible administrative, management and technical team for the town.

  ARTICLE 51:

To see if the Town will vote to appropriate a sum of money to be suitably distributed by the Town Accountant to the accounts affected for the purposes of funding a Cost of Living Increase for the Administrative, Management and Technical permanent employees for the period commencing July 1, 2001 and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: When the Finance Committee completed its work Article 50 had not been approved by the Board of Selectmen and the Finance Committee was given figures for Articles 51 and 52 with no information on either. Therefore, these articles must be presented on Town Meeting floor.

  ARTICLE 52:

To see if the Town will vote to appropriate a sum of money to be suitably distributed by the Town Accountant to the accounts affected for the purposes of funding a Benefits and Compensation Plan for the Administrative, Management and Technical permanent employees for the period commencing July 2001 and to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: See Article 51.

  ARTICLE 53:

To see if the Town will vote to ban the display (including, but not limited to, animal acts and performances, animal rides, and competitive animal races) of non-domesticated (wild or exotic) animals for public entertainment or amusement in circuses, carnivals, or similar entities on property owned by the Town of Falmouth, on town-owned property under lease, or on private property. On request of the Cape Cod Coalition for Animal Rights.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: Not enough information is available about how this ban may impact activities annually approved by the Board of Selectmen.

  ARTICLE 54:

We the homeowners would like to submit our road, Esker Place, to be taken over by the town of Falmouth. We have submitted completed plans by the engineering company of BSS design. The road is new and should not require any betterments. On request of Rod Tierney.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: This petition is not appropriately before Town Meeting at this time. This private driveway will be considered the next time the Board of Selectmen reviews its petitions for private road takings.

  ARTICLE 55:

This petition is for retaining Haddon Avenue name as Haddon Avenue as opposed to making it part of Hamlin Avenue or Hamlin Avenue Extension. On request of Daniel Robb.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: This issue has been resolved.

  ARTICLE 56:

To see if the Town will vote to declare the Town of Falmouth a "Community of Promise" under America's Promise - The Alliance for Youth by adopting the following resolution:

The Town of Falmouth accepts the challenge to become a Community of Promise. As a Community of Promise, our goal is to ensure that the young people in our community have access to all Five Promises:

  1. an ongoing relationship with a caring adult - parent, mentor, tutor, coach;
  2. safe places and structured activities during non-school hours;
  3. a healthy start;
  4. marketable skills through effective education; and
  5. An opportunity to give back through community service.

We will meet this goal using the following steps in our strategy.

  1. We pledge to engage a diverse community team of key leaders including young people, non-profits, communities of faith, businesses, schools, local officials, etc.
  2. We pledge to designate a lead point of contact, which will share information and progress with our community, other communities, and America's Promise.
  3. We pledge to set specific, measurable goals to deliver all Five Promises to youth.
  4. We pledge to hold a community summit as part of our overall effort to determine needs, set goals, and develop strategies that will increase local alliances to deliver multiple resources, leverage local commitments from all sectors and spark individual involvement in the lives of youth.
  5. We pledge to develop or support "Schools of Promise" or other "Sites of Promise", which deliver all five promises, directly or indirectly, to children and young people known by name as part of our overall community strategy.
  6. We pledge to secure local commitments from all sectors in order to reach our goals.
  7. We pledge to track local commitments being generated and delivered and provide

summary information to America's Promise.

Or do or take any other action in this matter. On request of David T. Vieira and others.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 56 as printed.

  ARTICLE 57:

"Shall certain provisions of Chapter thirty two B, Section ten of the General Laws, authorizing any town to provide a plan of group general or blanket hospital, surgical, medical, dental and other health insurance for employees in the service of the town and their dependents, be accepted by the town" and having accepted Section ten "shall the town accept Chapter thirty two B, Section seven A by which the town may, as a part of the total monthly cost of contracts of insurance authorized by sections three and eleven C, with contributions as required by section seven, make payment of a subsidiary or additional rate which may be lower or higher than a premium determined by the governmental unit to be paid by the insured, the combination of which shall result in the governmental unit making payment of more, but not less, than fifty per cent of the total monthly cost for such insurance. No government unit, however, shall provide different subsidiary or additional rates to any group or class within that unit." On request of Peter Kirwin.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Finance Committee voted Indefinite Postponement because the Town and its employees are attempting to find common ground on a variety of health insurance plans. It is hoped that this ongoing effort will result in a savings to employees for their portion of the costs. The Finance Committee also believes that the 50/50 contribution on the part of the Town and the employees encourages both parties to act responsibly in their health care decisions.

  ARTICLE 58:

To see if the Town will vote to reopen Black Beach Road, Little Bars Neck Road in West Falmouth. This road connects Route 28A and Chapoquoit Road and was closed in the early 1950's after a tragic train accident at the unprotected crossing, thus leaving only one entrance or exit for the 29 homes in this area. This road has a past history of flooding at the Chapoquoit end endangering the lives of these residents. Also this entrance will give the Town a second road to Chapoquoit beach and Chapoquoit Island in the case of bridge failure, or repairs needed to the Chapoquoit Bridge, plus better access to the Town owned land on Black Beach. Town's cost to be repaid as a betterment by landowners of Black Beach Rd., Little Bars Neck Rd. and Drift Road. On request of Daniel Shearer.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: More information about the long-term consequence of this change is necessary before the town approves this request.

The powers and authority of the Falmouth Historical Commission are further defined and limited as follows:

  ARTICLE 59:

  1. The Falmouth Historical Commission may proceed with a nomination or inclusion of private property, private residences or districts or places of historical significance, as defined by the National Historic Preservation Act of 1966, 16 U.S.C. S470 et seq. and any amendment thereof and any Executive Order issued thereunder, only after first obtaining the assent, by written notarized signature, of a majority of the fee simple owners of record of the properties which are to be included or otherwise affected by such nomination, and then only after such proof of majority assent is presented to the Selectmen who shall then in their discretion vote approval of such nomination.
  2. The Falmouth Historical Commission may proceed with a nomination or inclusion of private property, private residences or districts or places of historical significance, as defined by M.G.L. chapter 40 section 8D, only after first obtaining the assent, by written notarized signature, of a majority of the fee simple owners of record of the properties which are to be included or otherwise affected by such nomination, and then only after such proof of majority assent is presented to the Selectmen who shall then in their discretion vote approval of such nomination.
  3. Where any property to be nominated is a condominium or other collectively owned property, the notarized written assent of the majority of unit owners shall constitute the assent of the fee simple owner of the entire property which shall then count as one assent toward the required majority within any district or other area to be nominated. Provided, that in the case of a realty trust, the written notarized assent of the majority of trustees of record shall constitute executive officer of the corporation shall constitute the assent of the fee simple owner of the corporate property. Provided further that any joint tenancy, tenancy in common or tenancy by the entirety, the written notarized assent of all owners of record then living must be obtained and such assent shall then count as one assent toward the required majority within any district or other area to be nominated. On request of Dan Dozier.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: It is the opinion of Town Counsel that this is not the appropriate process.

  ARTICLE 60:

To see if the Town will provide funding for any or all of the purposes voted for in the foregoing articles by transfer from available funds, by borrowing or by any combination of the foregoing. Or do or take any other action on this matter. On request of the Finance Committee and the Board of Selectmen.

RECOMMENDATION (Finance Committee): The Finance Committee will make its recommendation on Town Meeting floor.


TOWN OF FALMOUTH FALL SPECIAL TOWN MEETING

The Special Town Meeting will take place on Wednesday, November 14, at 7:00 PM. Unfinished work of the General Town Meeting will follow.

  ARTICLE 1:

To see if the town will vote to amend Article XXV - Planned Residential Development - of the Zoning By-law, by adding Section 240-125.D, which section would allow as a planned residential development use a Senior Care Retirement Community (SCRC) such section to read as follows:

240-125.D. Senior Care Retirement Community (SCRC), under the following standards and requirements:

  1. An SCRC contains one or more residential buildings with living units described below, which provide residences exclusively for persons sixty-two (62) years of age or older (except their spouses and surviving spouses), and which provides common areas, common dining facilities, and space for the provision of social, psychological, educational and health related programs and services.
  2. An SCRC may include independent living units (ILUs) for persons who may not require regular assistance with daily living, assisted living units (ALUs) for persons in need of daily assistance from skilled caregivers, and/or skilled nursing rooms. The total number of units in the development, including ILUs, ALUs, and skilled nursing rooms, shall not exceed six units per acre. ILUs may contain no more that two bedrooms. ALUs may contain no more that 550 square feet and only one bedroom. Each skilled nursing room may contain no more that two beds.
  3. Front, side and rear yard building setbacks shall be a minimum of 100 feet from the perimeter of the Planned Residential Development (PRD). The Planning Board may allow lesser setbacks for side and rear yards, taking into account abutting land uses. The Planning Board may require greater setbacks where needed to provide sufficient screening and buffer from the street or adjacent properties.
  4. The development may incorporate accessory facilities intended solely for the use or benefit of the residents of the development, such as banking and recreational facilities, as limited and approved by the Planning Board.
  5. The Planning Board shall make a finding that the cumulative impacts of the development will be less detrimental than other potential development of the lot(s). The Planning Board may require the applicant to provide specialized studies or information as necessary in order to make such a finding. The Planning Board shall not approve a SCRC located in a Water Resource Protection District unless tertiary treatment of wastewater is provided.
  6. The Planning Board may require the applicant to reduce the size of any residential structure or to adjust its placement on the lot to reduce impacts on neighborhood visual character, including views or vistas. The Planning Board in order to approve the special permit for an SCRC must make a positive finding under 240-122.G. of the Planned Residential Development bylaw.
  7. SCRC units allowed under this section shall be exempt from Section 240-7 (Building Permit Limitation) and shall not be counted in computing the building permit limit, but the Planning Board may require that the development be constructed in phases if necessary to minimize neighborhood impacts.
  8. Except as otherwise specified herein, all the requirements of Article XXV shall apply.

Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Planning Board): The Planning Board will make its recommendation on Town Meeting floor.

  ARTICLE 2:

To see if the Town will vote to authorize the Board of Selectmen TO PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Commonwealth of Massachusetts for purposes of open space, water resource protection and/or public recreation, as provided either in General Laws Chapter 40, Section 8C or any other appropriate authority, said land to be under the jurisdiction and control of either the Conservation Commission or the Board of Selectmen as specified and being further described as follows:

The following land now or formerly owned by Paul R. Dupee, Jr. et. al.:

1) Lot 30 on Land Court Plan 23937-G (assessors map 17-01-016-030) containing 1.62 acres,

2) Lot 19 on Land Court Plan 23937-D (sheet 5) (assessors map 17- 01-016-019) containing 1.88 acres,

3) Lot 44 on Land Court Plan 23937-L (assessors map 17-01-016-044) containing 11.64 acres,

4) Lot 17 on Land Court Plan 23937-D (sheet 1) (assessors map 17-01-016-017) containing 7.96 acres,

5) Lot 21 on Land Court Plan 23937-D (sheet 5) (assessors map 17- 01-016-021) containing 2.0 acres, and

6) Lot 23 on Land Court Plan 23937-D (sheet 5) (assessors map 17-01-016-023) containing .28 acres.

All said areas are more or less, and said lots do not include the fee in the way shown on the assessors map as "L.C. 23937". 

B. Land identified as a portion of Lot 34 on Land Court Plan 23937-H (assessors map 17-01-016-034), together with the structure thereon known as The Willows, containing approximately one (1) acre, which parcel abuts Coonamessett Pond and shall be shown on a plan to be endorsed by the Planning Board and approved by the Board of Appeals if required. Said parcel shall be conveyed subject to rights reserved for the benefit of all or a portion of land retained by Paul R. Dupee, Jr., et al., and successors and assigns, for residents of a Senior Care Retirement Community ("SCRC") on land shown on plans in Land Court Case 23937, to access and enjoy said parcel for passive conservation purposes, and to maintain, improve and use The Willows in accordance with a long-term lease to be with the Town, wherein the SCRC shall maintain the Willows and pay only nominal rent.

C. 1) Lot 26 on Land Court Plan 23937-D (sheet 3) (assessors map 17-01-016-026) containing 14.25 acres,

2) Lot 10 on Land Court Plan 23937-B (sheet 2) (assessors map 17-01-043A-010) containing 5.45 acres,

3) Lot 34 on Land Court Plan 23937-H (assessors map 17-01-016-034), containing 11.92 acres, less the one (1) acre portion described in B above and also less a parcel of one (1) acre, more or less, containing an existing dwelling, all to be shown on a plan to be endorsed by the Planning Board and approved by the Board of Appeals if required, and

4) Lot 24 on Land Court Plan 23937-D (sheet 2) (assessors map 17-01-016-024), containing 22.03 acres, less three (3) lots each containing an existing dwelling, the total area of said three lots not to exceed four (4) acres, all to be shown on a plan to be endorsed by the Planning Board and approved by the Board of Appeals if required.

There shall be reserved for the benefit of said four (4) excepted lots for existing dwellings the right to use the existing driveway shown on Land Court Plan 23937-D for all purposes for which ways are commonly used in the Town of Falmouth including installation of utilities.

All the said land, except that within 700 feet of the present layout of Sandwich Road, shall be conveyed subject to (1) restrictions restricting access thereto for passive conservation purposes only and prohibiting vehicular access (other than for security, maintenance and emergency purposes), and (2) to the terms of a management plan to be entered into by the Board of Selectmen, which plan shall protect the privacy of existing dwellings on Coonamessett Pond west of The Willows. 

And further to appropriate a sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, and further authorized the Board of Selectmen or its designee to accept any further gifts of property, real, personal or otherwise, in any agreement and to execute all documents it deems advantageous on behalf of the town, for partial or full reimbursements of the cost of acquisition and to determine how the same be raised, including the cost of acquisition and to determine how the same shall be raised, including appropriation from the Land Bank Fund or by borrowing said sum or any part thereof pursuant to Chapter 44, Section 7(3) of the Massachusetts General Laws, or any other enabling authority and to issue bonds or notes of the Town therefore, and by whom expended. Or do or take any other action in this matter. On request by the Board of Selectmen.

RECOMMENDATION (Finance Committee): The Finance Committee will make its recommendation on Town Meeting floor.

EXPLANATION: The Finance Committee is following its policy in not recommending land purchases until Purchase and Sale Agreements are signed by both parties. One presentation has been made to the committee and a second one is scheduled. It is hoped that the concerns of the committee will be addressed at this meeting. The recommendation can then be made on Town Meeting floor. The Board of Selectmen voted to endorse this project.

  ARTICLE 3:

To see if the Town will vote to appropriate a sum of money for the purpose of making loans to residents of the Town for repairing, replacing and/or upgrading residential septic systems pursuant to agreements between the Board of Health and residential property owners, including all costs incidental and related thereto, and to determine whether this appropriation shall be raised by borrowing or otherwise, or do take any other action relative thereto. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the sum of $200,000 is hereby appropriated for the purpose of making loans to residents of the Town for repairing, replacing and/or upgrading residential septic systems pursuant to agreements between the Board of Health and residential property owners, including the payment of all costs incidental and related thereto, and that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen is hereby authorized to borrow not in excess of that sum, under and pursuant to Chapter 111, Section 127B ½ of the Massachusetts General Laws, or any enabling authority, and to issue bonds or notes of the Town therfor, and to enter into any and all agreements with the Massachusetts Water Pollution Abatement Trust in connection therewith.

EXPLANATION: This appropriation will allow the Town to obtain a third round loan of $200,000 from the state to offer low interest betterments to homeowners with failed septic systems. Through this program, this BOH has loaned out almost $350,000 and assisted 70 homeowners, to date.

  ARTICLE 4:

To see if the Town will vote to approve an extension of the municipal sewer approximately 200 feet and allow a sewer connection thereto for land of Falmouth Hospital Foundation, Inc., located at 196/200 Ter Heun Drive (Assessor's Map No. 38-01-009-001), the site of the Gosnold alcoholism intervention and rehabilitation unit, or do or take any other action relative thereto. On request of B. Grant Willis and others.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 4 as printed.

Back to General Town Meeting Warrant
Back to Special Town Meeting Warrant
Special thanks to Judy Magnani.
Prepared Nov. 1, 2001 by CRTB