The following text was adapted from a Microsoft Word document
provided by the Town of Falmouth. It is to be considered unofficial,
because editing was required to key the Articles with the Summary.
The complete Warrant Booklet, referenced in Articles 2, 8, 10-15, 18
and 30, contains maps, a Town budget, and other documents not available
for conversion to this website.
To see if the Town will vote to appropriate Four Thousand Three Hundred Ninety Dollars and 63/100 ($4,390.63) for the purpose of paying unpaid bills from a prior fiscal year, 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.
Police Department Cape Cod Hospital $1,049.00 Police Department Medical Affiliates of Cape Cod 302.00 Beach Committee Curtis E. Arthur 730.00 Beach Committee Eastman's Hardware 4.57 Beach Committee John J. Maurer, Inc. 107.00 Beach Committee MCI 6.67 Planning Department Peggy Buckley 160.00 Building Department Johnny's Tune and Lube 82.95 Administrators Dept. Nstar 400.62 Board of Selectmen Sandi's Towing 110.00 Board of Selectmen M. Sylvester Towing 220.00 Town Counsel West Group 210.00 Beach Committee Staples 391.81 Conservation Commission Staples 201.81 Building Department Staples 168.23 Health Department Staples 25.15 Personnel Department Staples 188.35 Fire Department Staples 32.47
RECOMMENDATION (Finance Committee): That the Town vote to transfer $4,421.47 from Certified Free Cash to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 1 with the following additions:
Conservation Commission Register of Deeds $30.84
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 2002 budget.
To see if the Town will accept the doings of the Board of Selectmen in laying out Hamlin Avenue according to plans filed with the Town Clerk for taking as a public way. Or do or take any other action in this matter. On request of the Board of Selectmen.
(Please refer to Page M - 1 at the back of the Warrant Booklet)
RECOMMENDATION (Board of Selectmen): That the Town vote Article #2 as printed.
EXPLANATION: This article completes the layout and design and acceptance of Hamlin Avenue required as a result of the Mullen Hall School Renovation.
To see if the Town will vote to amend Sections 240-22.B,240-27.B, 240-32.B, 240-37.B, 240-50.B. & 240-56.B - Permitted Accessory Uses - of the Zoning Bylaw by adding the words "within a single-family dwelling" so as to read:
"The taking of four or fewer boarders within a single-family dwelling by a family resident on the premises."
Or do or take any other action on this matter. On the request of the Planning Board.
RECOMMENDATION (Planning Board): That the town vote Article 3 as printed in the warrant
Explanation: This Article adds language to the existing bylaw to specify that borders must reside in the same dwelling as the family that is taking them in. In the past there has been an interpretation that borders could reside in an accessory building. This helps to clarify the bylaw.
To see if the town will vote to amend Section 240-14 of the Zoning Bylaw - Types of Districts - by adding the following: Senior Care Retirement District; and by adding the following new Article entitled:
ARTICLE XIII.1 - Senior Care Retirement District
240-65.1 Purpose The purpose of this district is to allow for alternative housing for senior citizens in a setting that provides them with personal and health related services and programs and allows for their maximum independence.
§240-65.2 Permitted Residential Uses
None
§240-65.3 Permitted Community service uses
Churches, Schools, Libraries, Museums
§240-65.4 Uses Allowed by Special Permit
Senior Care Retirement Community (SCRC), under the following standards and requirements:
240-65.5 Minimum Lot Dimensions for uses allowed under 240-65.3 - Permitted Community Service Uses - shall be as follows
Minimum Lot Size: 80,000 s.f. Lot Frontage 150 ft. Lot Width 200 ft.
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 with the following exception: to Section 240-65.2 -Permitted Residential Uses - Delete the word "None" and add the words "One-family detached houses subject to the requirements of 240-65.5 Minimum Lot Dimensions".
EXPLANATION: This Article would add Senior Care Retirement District (SCRD) to the Zoning Bylaw. The purpose of this district is to allow for alternative housing for senior citizens in a setting that provides them with personal and health related services and programs and allows for their maximum independence.
This Article departs from the articles proposed at previous town meetings. Previously, a SCRC was allowed town-wide as a use allowed by special permit from the Planning Board. Today, a zoning district is proposed, with a SCRC as a special permit use. However, the district will not be mapped at his town meeting. This way town meeting will have a say in where a SCRC will be located. Other changes from the previous articles include: an increase in required setbacks from 45 to 50 feet, a decrease in maximum building height from 50 to 45 feet and an increase from 200 to 250 feet for the required perimeter setback for any building over 35 feet in height.
A SCRC would be for individuals 62 years or older and would contain a mix of residential uses including independent and assisted living units, skilled nursing units and staff housing. Accessory uses, such as banking and recreational facilities would also be allowed. The minimum lot size for a SCRC would be 35 contiguous acres. The Planning Board would determine the allowed density, but in no case shall the number of units exceed 6 units per acre. Independent living and staff housing units can contain no more than two bedrooms. Assisted living units cannot be greater than 550 square feet and only one bedroom. The Planning Board must find that the impacts of a SCRC would not be greater than other uses allowed in residential zoning districts in order to issue the special permit. The Planning Board can reduce the size of any residential building or move it to any location on the lot and increase any minimum setback requirement. The Board may allow a building setback at least 250 feet from the perimeter of the site to be 45 feet in height. The Planning Board may only permit a SCRC if, in the Planning Boards sole judgment, it finds under section 240-122.G. the proposed site plan is designed in its space allocation, proportions, orientation, materials, landscaping and other features so as to produce a stable and desirable character, complementary and integral with the sites natural features.
To see if the Town will vote to amend Article X - Business Districts - of the Zoning Bylaw by amending 240-51.A. (11) by deleting the number 10,000 and inserting in its place the number 5,000 so as to read:
"Any business or commercial shopping center with proposed gross floor space of 5,000 square feet or more."
Or do or take any other action on this matter. On the request of the Planning Board.
RECOMMENDATION (Planning Board): That the Town will vote to amend Article X - Business Districts - of the Zoning Bylaw by amending 240-51.A. (11) by deleting the number 10,000 and inserting in its place the number 7,000 so as to read:
"Any business or commercial shopping center with proposed gross floor space of 7,000 square feet or more."
EXPLANATION: This article lowers the threshold for a special permit for commercial projects from the current 10,000 to 7,000 square feet. As the town continues to grow this threshold is more appropriate, as important projects that have an impact on the town often apply just under this review criteria. The public is often under the assumption that these important projects are subject to a discretionary review. In fact they are not. Lowering this threshold gives the Board of Appeals the authority to shape these important projects in a way that benefits the town as well as the developer.
To see if the town will vote to amend Article III - Definitions - of the Zoning Bylaw by adding the following to the definition of FAMILY:
D. A group of unrelated individuals, determined to be handicapped by the Building Commissioner under the Federal Fair Housing Act, State law or this bylaw, residing cooperatively in one dwelling unit up to five individuals or at a density of no more than two (2) individuals per bedroom, which ever is greater. 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 adds to the definition of a family a group of five unrelated individuals considered handicapped and under Federal or state Fair Housing statutes, at a density of no more than two (2) individuals per bedroom which ever is greater. For example, a two-bedroom ranch house could be occupied by up to five (5) handicapped individuals, whereas a six-bedroom home up to twelve (12) handicapped individuals may reside. Currently, the bylaw allows up to five unrelated individuals to reside cooperatively in one dwelling unit. This change represents the town's reasonable accommodation towards handicapped individuals as required by the Federal Fair Housing Act.
To see if the Town will vote to amend Article XXVI - Affordable Housing Development - of the Zoning Bylaw by amending 240- 138.A. - Fees in lieu of units - by deleting the number 30% and inserting in its place the number 50% and by inserting the words "of the land and units or equal to the full cost of constructing two affordable units per additional market rate unit as certified by the Falmouth Housing Authority." so as to read:
"The Board may also consider the value of the land upon which the additional units are located and the cost of construction of the units based on industry standards. In no case shall this payment be less than 50% of the fair market value of the land and units or equal to the full cost of constructing two affordable units per additional market rate unit as certified by the Falmouth Housing Authority.
Or do or take any other action on this matter. On the request of the Planning Board.
RECOMMENDATION (Planning Board): That the Town will vote to amend Article XXVI - Affordable Housing Development - of the Zoning Bylaw by amending 240- 138.A. - Fees in lieu of units - by deleting the number 30% and inserting in its place the number 50% and by inserting the words "of the land and units or equal to the full cost of constructing at least two affordable units per additional market rate unit as certified by the Falmouth Housing Authority." so as to read:
"The Board may also consider the value of the land upon which the additional units are located and the cost of construction of the units based on industry standards. In no case shall this payment be less than 50% of the fair market value of the land and units or equal to the full cost of constructing at least two affordable units per additional market rate unit as certified by the Falmouth Housing Authority.
EXPLANATION: The Zoning Bylaw allows the Planning Board to issue a special permit to a developer to increase the density of a development if affordable housing is also constructed. In lieu of constructing the affordable housing on-site, a developer could offer an amount of money instead. This amendment increases the amount of the monetary contribution to equal 50% of the fair market value of the land and units or equal to the full cost of constructing at least two affordable units per additional market rate unit.
To see if the Town will vote to amend the Official Zoning Map of the Town of Falmouth to rezone from by rezoning from Single Residence C to Public Use the land shown on Falmouth Assessors Map 47A Section 8 Parcel 10 Lot 000 located at 55 Glenwood Avenue consisting of 10,500 square feet, more or less. Or do or take any other action in this matter. On request of the Board of Selectmen.
(Please refer to Page M - 2 at the back of the Warrant Booklet)
RECOMMENDATION (Planning Board: Indefinite Postponement
EXPLANATION: Town Meeting purchased this property in 1988 envisioning a municipal use. However, the land is residentially zoned. At the public hearing on this article, the residents of Glenwood Avenue were overwhelming opposed to the use of this site for parking. In the meantime, other parking alternatives for Town Hall Square will be investigated. Eventually, the town will need to determine the disposition of the property taking into consideration that parking may not be the highest and best use and the adequacy of Glenwood Avenue to accommodate additional traffic.
To see if the Town will vote to adopt the following into the Code of Falmouth
Chapter 207 "Disposition of Town Property"
Section 1: To ensure the most appropriate use of town land and to allow for citizen participation in the planning and preliminary design of important building projects the Town hereby requires the Board of Selectmen to conduct at least one (1) public hearing regarding the potential use of any Town parcel to be used for municipal purposes, including but not limited to public buildings, public works, schools, parks, marinas or similar projects.
Section 2: Notice of said hearing shall be published twice in a newspaper of general circulation, the first notice published no less than two weeks prior to the hearing date and notice sent to abutters as defined in section 9, c.40A GL. The Board of Selectmen shall forward a copy of said notice to the following town boards: Board of Health, Conservation Commission, Historical Commission, Planning Board, Zoning Board of Appeals and to any other board the Selectmen deem appropriate and no action on the use of any town property shall ensue prior to receiving written comments or after 35 days from the close of the public hearing, whichever occurs first, from each of these boards.
Section 3: The Board of Selectmen shall hold a joint meeting with any of the above boards or other board it deems appropriate to the context of the hearing when in its judgment such a joint hearing would facilitate the gathering of citizen comment and the dissemination of information to the public.
Or do or take any other action on this matter. On request of the Board of Selectmen and Planning Board.
RECOMMENDATION (Board of Selectmen): Indefinite Postponement.
EXPLANATION: The Board of Selectmen notes potential legal problems with the bylaw and recommends Indefinite Postponement in favor of addressing this through a policy.
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 pursuant to Section 2 of Chapter 293 of the Acts of 1998, The Cape Cod Open Space Land Acquisition Program, for purpose of OPEN SPACE, WATER RESOURCE PROTECTION and/or PUBLIC RECREATION, as provided either in Chapter 40, Section 8C of the General Laws or any other appropriate authority, said land to be under the jurisdiction and control of the Conservation Commission and being described as follows:
The following land containing 61.69 acres more or less, 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,
7) Lot 34 on Land Court Plan 23937-H (assessors map 17-01-016-034)
containing 13.92 acres, excepting Lot 48 containing 1.20 acres shown
on a plan entitled "Plan of Land in Falmouth, Mass., County of Barnstable,
being a division of Lot 24 as shown on Land Court Plan 23937-D and Lot 34
as shown on Land Court Plan 23937-H", which plan was prepared by Christopher
Costa & Assoc. and was voted by the Planning Board on November
6, 2001 to be endorsed "Approval Not Required" and also excepting an
additional parcel containing 4,754 sq. ft. to be retained by Seller, which
additional parcel is bounded southwesterly by Lot 48 236.90 ft., northerly
by Coonamessett Pond 50 ft., and easterly by the remainder of Lot 34, all
said distances and area being more or less, said additional parcel to be
shown on a plan to be filed in the Land Court.
8) Lot 10 on Land Court Plan 23937-B (sheet 2) (assessors map
17-01-043A-010) containing 5.45 acres,
9) Lot 24 on Land Court Plan 23937-D (sheet 2) (excepting Lot 29
shown on Land Court Plan 23937-F), (assessors map 17-01-016-024), containing
22.03 acres, excepting Lot 45 containing 1.25 acres, Lot 46 containing
1.16 acres, and Lot 47 containing 1.48 acres, said last three excepted
lots being shown on a plan entitled "Plan of Land in Falmouth, Mass.,
County of Barnstable, being a division of Lot 24 as shown on Land court
Plan 23937-D and Lot 34 as shown on Land Court Plan 23937-H", which plan
was prepared by Christopher Costa & Assoc. and was voted by the
Planning Board on November 6, 2001 to be endorsed "Approval Not Required."
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".
All said land 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), (2) the terms of a management plan to be entered into by the Board of Selectmen, which plan shall direct public access away from existing dwellings on Coonamessett Pond west of The Willows cottage, and (3) the requirement that The Willows cottage be razed and removed by the Town within six months following transfer of title.
And further that the Town vote to authorize the Board of Selectmen and the Conservation Commission to grant a Conservation Restriction for this property. The proposed Conservation Restriction would grant to The Commonwealth of Massachusetts, Division of Fisheries and Wildlife their successors and assigns, in perpetuity and exclusively for conservation purposes, a Conservation Restriction on the property for the purpose of insuring that the property be maintained predominantly in the natural, scenic and open condition and to prevent any use of the premises that will significantly impair or interfere with the conservation or historic values of the property. The terms of the Conservation Restriction would permit access to the property by the general public and would encourage permitted uses consistent with and authorized by a management plan prepared by the Falmouth Conservation Commission and prohibit other uses as set forth in said management plan.
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 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 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.
(Please refer to Page M - 3 at the back of the Warrant Booklet)
RECOMMENDATION (Finance Committee): 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 pursuant to Section 2 of Chapter 293 of the Acts of 1998, The Cape Cod Open Space Land Acquisition Program, for purpose of OPEN SPACE, WATER RESOURCE PROTECTION and/or PUBLIC RECREATION, as provided either in Chapter 40, Section 8C of the General Laws or any other appropriate authority, said land to be under the jurisdiction and control of the Conservation Commission and being described as follows:
The following land containing 61.69 acres more or less, 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,
7) Lot 34 on Land Court Plan 23937-H (assessors map 17-01-016-034)
containing 13.92 acres, excepting Lot 48 containing 1.20 acres shown
on a plan entitled "Plan of Land in Falmouth, Mass., County of Barnstable,
being a division of Lot 24 as shown on Land Court Plan 23937-D and Lot 34
as shown on Land Court Plan 23937-H", which plan was prepared by Christopher
Costa & Assoc. and was voted by the Planning Board on November 6,
2001 to be endorsed "Approval Not Required" and also excepting an
additional parcel containing 4,754 sq. ft. to be retained by Seller, which
additional parcel is bounded southwesterly by Lot 48 236.90 ft., northerly
by Coonamessett Pond 50 ft., and easterly by the remainder of Lot 34, all
said distances and area being more or less, said additional parcel to be
shown on a plan to be filed in the Land Court.
8) Lot 10 on Land Court Plan 23937-B (sheet 2) (assessors map
17-01-043A-010) containing 5.45 acres,
9) Lot 24 on Land Court Plan 23937-D (sheet 2) (excepting Lot 29
shown on Land Court Plan 23937-F), (assessors map 17-01-016-024), containing
22.03 acres, excepting Lot 45 containing 1.25 acres, Lot 46 containing
1.16 acres, and Lot 47 containing 1.48 acres, said last three excepted
lots being shown on a plan entitled "Plan of Land in Falmouth, Mass.,
County of Barnstable, being a division of Lot 24 as shown on Land court
Plan 23937-D and Lot 34 as shown on Land Court Plan 23937-H", which plan
was prepared by Christopher Costa & Assoc. and was voted by the
Planning Board on November 6, 2001 to be endorsed "Approval Not Required."
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".
All said land 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), (2) to the terms of a management plan to be entered into by the Board of Selectmen, which plan shall direct public access away from existing dwellings on Coonamessett Pond west of The Willows cottage, and (3) the requirement that The Willows cottage be razed and removed by the Town within six months following transfer of title.
And further that the Town vote to authorize the Board of Selectmen and the Conservation Commission to grant a Conservation Restriction for this property. The proposed Conservation Restriction would grant to The Commonwealth of Massachusetts, Division of Fisheries and Wildlife their successors and assigns, in perpetuity and exclusively for conservation purposes, a Conservation Restriction on the property for the purpose of insuring that the property be maintained predominantly in the natural, scenic and open condition and to prevent any use of the premises that will significantly impair or interfere with the conservation or historic values of the property. The terms of the Conservation Restriction would permit access to the property by the general public and would encourage permitted uses consistent with and authorized by a management plan prepared by the Falmouth Conservation Commission and prohibit other uses as set forth in said management plan.
To acquire said land the sum of Four Million Seventy-five Thousand Two Hundred Twenty-five and no/100 Dollars ($4,075,225.00) is hereby appropriated to be expended under the jurisdiction of the Board of Selectmen to pay for the acquisition of the aforementioned property, including costs incidental and related thereto, and that to meet this appropriation, the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow the sum of $4,075,225 under and 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 to expend an equivalent amount of money plus interest from the Land Bank Fund in repayment of the Bonds or Notes. Said land to be under the jurisdiction of the Conservation Commission for purposes of open space, water resource protection and/or public recreation as provided in either General Laws Chapter 40, Section 8C or any other enabling authority, and that the Board of Selectmen is hereby authorized and directed to accept any gifts of property, real, personal or otherwise, in connection with the said acquisition and to enter into any agreement and execute any and all documents incidental and related thereto.
EXPLANATION: This article will allow the Town to purchase 61+ acres of land that is adjacent to Town owned land (The Souza Conservation Parcel) and to continue to expand the linkage with Mass. Division of Fish and Wildlife properties. The acreage includes pond frontage and is partially in the recharge area for Coonamessett Pond and the Coonamessett Well site. The purchase of this property will continue to protect the headwaters of the Coonamessett River thus protecting the estuaries further downstream (Great Bay).
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 municipal purposes said land to be under the jurisdiction and control of the Board of Selectmen and being described as follows:
The Land on Sandwich Road in said Falmouth containing 14.25 acres more or less, being Lot 26 shown on Land Court Plan 23937 D (sheet 3 of 5) now or formerly owned by Paul R. Dupee, Jr. (Land Court Certificate of Title No. 128879).
And further to appropriate a sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, and further 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 all costs of acquisition and to determine how the same be raised, including 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.
(Please refer to Page M - 4 at the back of the Warrant Booklet)
RECOMMENDATION (Finance Committee): 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 municipal purposes said land to be under the jurisdiction and control of the Board of Selectmen and being described as follows:
The Land on Sandwich Road in said Falmouth containing 14.25 acres more or less, being Lot 26 shown on Land Court Plan 23937 D (sheet 3 of 5) now or formerly owned by Paul R. Dupee, Jr. (Land Court Certificate of Title No. 128879).
To acquire said land the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow the sum of One Million Fifty Five ($1,000,055.00) Dollars under the provisions of General Law c. 44, 7 (3) or any other appropriate authority and to issue bonds or notes of the town therefore said sum to be expended under the jurisdiction of the Board of Selectmen for the purposes of this article.
EXPLANATION: Although the future use of this property is unclear at this time, it should be purchased to be under the jurisdiction of the Board of Selectmen to be used for municipal purposes as part of long range planning.
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 Mary Latimer, approximately 2.2 acres, more or less and being shown on Assessors Map #06, Section 01, Parcel 003, Lot 004, and described in a deed recorded in the Barnstable County Registry of Deeds in Book 02191, Page 0214. Said land to be under the jurisdiction of the Board of Selectmen. PARCEL 2: Land now or formerly of Gauldino Gonsalves, approximately 2.1 acres, more or less, and being shown on Assessors Map #34, Section 02, Parcel 007, Lot 000, and described in a deed recorded in the Barnstable County Registry of Deeds in Book 00406, Page 0041. Said land to be under the jurisdiction of the Conservation Commission. PARCEL 3: Land now or formerly of Carl A. Allen, approximately 5.5 acres, more or less, being an easterly portion of land shown on Assessors Map #34, Section 02, Parcel 003, Lot 000 as a 7.88 acre parcel, and described in a deed recorded in the Barnstable County Registry of Deeds in Book 01736, Page 0195. Said land to be under the jurisdiction of the Conservation Commission. PARCEL 4: Land now or formerly of Mary E. Parent approximately 18 acres, more or less, being a northerly portion of land shown on Assessors Map #30, Section 03, Parcel 007, Lot 000 as a 22.65 acre parcel, and described in a deed recorded in the Barnstable County Registry of Deeds in Book 00637, Page 0271. 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.
(Please refer to Pages M - 5, M - 6, and M - 7 at the back of the Warrant Booklet)
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: No Purchase and Sale Agreements have been signed.
To see if the Town will vote to authorize the Board of Selectmen and the Conservation Commission to grant a Conservation Restriction for the Wald/Fender property, so-called, which was purchased by the Town of Falmouth in 2001 as authorized by Article 13, paragraph J of the November 2000 Annual Town Meeting. The proposed Conservation Restriction would grant to The 300 Committee, Inc., their successors and assigns, in perpetuity and exclusively for conservation purposes, a Conservation Restriction on the property for the purpose of insuring that the property be maintained predominantly in the natural, scenic and open condition and to prevent any use of the premises that will significantly impair or interfere with the conservation or historic values of the property. The Conservation Restriction is more fully set forth in a proposed document entitled "CONSERVATION RESTRICTION" by and between the Town of Falmouth and The 300 Committee, Inc, a copy of which has been filed with the Board of Selectmen. Copies of this document are at Town Hall and the Falmouth libraries. The terms of the Conservation Restriction would permit access to the property by the general public and would encourage permitted uses consistent with and authorized by a management plan prepared by the Falmouth Conservation Commission and prohibit other uses as set forth in said management plan. Or do or take any other action on this matter. On request of the Conservation Commission and The 300 Committee, Inc.
(Please refer to Page M - 8 at the back of the Warrant Booklet)
RECOMMENDATION (Board of Selectmen): That the Town vote Article 13 as printed.
EXPLANATION: This conservation restriction is required by the Division of Conservation Services-Self Help Program. The Town of Falmouth received $250,000 to offset the acquisition price of the Wald/Fender Parcel.
To see if the Town will vote to authorize the Board of Selectmen and the Conservation Commission to grant a Conservation Restriction for the Cape & Islands Seafoods parcel, so-called, which purchase was authorized by Article 13, paragraph D of the November 2000 Annual Town Meeting. The proposed Conservation Restriction would grant to The 300 Committee, Inc., their successors and assigns, in perpetuity and exclusively for conservation purposes, a Conservation Restriction on the property for the purpose of insuring that the property be maintained predominantly in the natural, scenic and open condition and to prevent any use of the premises that will significantly impair or interfere with the conservation or historic values of the property. The Conservation Restriction is more fully set forth in a proposed document entitled "CONSERVATION RESTRICTION" by and between the Town of Falmouth and The 300 Committee, Inc., a copy of which has been filed with the Board of Selectmen. Copies of this document are at Town Hall and the Falmouth libraries. The terms of the Conservation Restriction would permit access to the property by the general public and would encourage permitted uses consistent with and authorized by a management plan prepared by the Falmouth Conservation Commission and prohibit other uses as set forth in said management plan. Or do or take any other action on this matter. On request of the Conservation Commission and The 300 Committee, Inc.
(Please refer to Page M - 9 at the back of the Warrant Booklet)
RECOMMENDATION (Board of Selectmen): That the Town vote Article 14 as printed.
EXPLANATION: This conservation restriction is required by the Division of Conservation Services Self Help Program. The Town of Falmouth is seeking $250,000 to offset the acquisition price of the Cape and Islands Seafood parcel.
To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN the following land off Blacksmith Shop Road, namely, parcels 23-01-012B-000 containing 3.86 acres and 23-03-013-000 containing 37.5 acres for municipal purposes, to appropriate a sum of money for the acquisition of the same and or any part thereof, 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.
(Please refer to Page M - 10 at the back of the Warrant Booklet)
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The Finance Committee voted Indefinite Postponement of Article 15 because a Purchase and Sale Agreement had not been signed when it completed deliberations, but the committee expects to make a positive motion on Town Meeting floor. This land is contiguous to Town owned property and will be a valuable asset for future municipal purposes, possibly in connection with the Wastewater Treatment Plant.
To see if the Town will vote to authorize the Board of Selectmen to sell a parcel of land in Palm Coast, Florida and owned by the Town as trustee of the James M. Pafford, Jr. Memorial Scholarship Fund, said sale to be on such terms and conditions as the Board of Selectmen deems appropriate and the proceeds to be added to the memorial scholarship fund, or do or take any other action on this matter. Or do or take any other action in this matter. On request of the Town Treasurer.
RECOMMENDATION (Board of Selectmen): That the Town vote Article 16 as printed.
EXPLANATION: The property was received as part of a Trust settlement and is being liquidated to support the Falmouth Scholarship Fund.
To see if the Town will vote to amend Article 1 of Chapter 223 of the Code of Falmouth by deleting sections 223-1 through and including 223-10 and inserting in its place the following:
Article 1
Chapter 223, WATER
§ 223-1. Authority.
This article 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 article 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 article 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 article, 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 -- Any individual, corporation, trust, partnership or association, or other entity.
STATE OF WATER SUPPLY CONSERVATION -- A state of water supply conservation declared by the Town pursuant to § 223-4 of this article.
STATE OF WATER SUPPLY EMERGENCY -- A state of water supply emergency declared by the Department of Environmental Protection under M.G.L. c 21G, 15-17.
§ 223-4. Declaration of 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. Restrictions shall be
applicable to all public and private users of the Town's public water
supply system, regardless of any person's responsibility for paying water
bills for water used at any particular facility. However, if the Board
of Selectmen makes a specific finding that the shortage of water exists
because of a clear and imminent threat to the sole source aquifer underlying
Falmouth, such threats to include severe drought, environmental pollution
or salt water intrusion, the restrictions adopted pursuant to § 223-5 shall
apply to all citizens, water users and consumers regardless of the source
of water supply. Public notice of a state of water supply conservation
shall be given under § 223-6 of this article 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.
| A. | Odd/Even day outdoor watering: Outdoor watering by water users with odd-numbered addresses is restricted to odd-numbered days. Outdoor watering by water users with even-numbered addresses is restricted to even-numbered days. |
| B. | Outdoor watering hours: Outdoor watering is permitted only during daily periods of low demand, to be specified in the declaration of a state of water supply conservation and public notice thereof. |
| C. | Washing of sidewalks, driveways and patios is prohibited. |
| D. | The use of automatic sprinkler systems is prohibited. |
| E. | The filling of swimming pools is prohibited. |
| F. | Outdoor watering is prohibited. |
| G. | Restaurants may not serve water unless requested by patrons. |
| H. | Pistol-grip-type nozzles are required for all hoses used for outside watering, car washing or boat washing. |
| I. | Restrictions imposed on commercial car washes. |
| J. | Mandatory water use reductions by commercial/industrial users. |
| K. | Restricting private water supply use. |
| L. | Termination of water service for failure to comply. |
§ 223-6. Public notification of 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 teach 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 state of water supply conservation; notice.
| A. | 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. |
| B. | 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. |
§ 223-7 [?]. Penalties.
| A. | Any person violating this article shall be liable to the Town in the amount of $50 for the first violation and $100 for each subsequent violation which shall inure to the Town. Fines shall be recovered by indictment, or on complaint before the District Court, or by noncriminal disposition in accordance with 21D of Chapter 40 of the General Laws. Each day of violation shall constitute a separate offense. |
| B. | Termination of water service may be imposed subsequent to a fifth offense. |
| C. | Any property owner who posts an exemption sign without the written approval of the Board of Selectmen shall be liable to the Town in the amount of $300.00 per offense. Each day of violation shall constitute a separate offence. |
§ 223-8. Severability.
The invalidity of any portion or provision of this article shall not
invalidate any other portion or provision thereof.
§ 223-9. Exemptions:
| A. | Any person suffering a significant financial hardship because of the restrictions imposed under this by-law may appeal to the Board of Selectmen for an exemption from all or some of the restrictions. After a public hearing, duly noticed at the applicant's expense at least 10 days prior to the hearing in a newspaper of general circulation in the Town of Falmouth, the Board of Selectmen may grant appropriate relief to the applicant from all or some of the restrictions. Under no circumstances may the Board grant any relief unless the applicant first provides a written water conservation plan that the applicant shall be required to adhere to during the course of the emergency exemption. |
| B. | Failure to abide by the terms of an approved water conservation plan shall nullify any exemption granted pursuant to this section. |
| C. | Any person granted an exemption must prominently display signs visible to the public that includes the following phrase "OPERATING UNDER A WATER EMERGENCY EXEMPTION ISSUED BY THE BOARD OF SELECTMEN." The Design Review Committee shall determine an acceptable size, shape, description and location of exemption signs. Provided an exemption sign meets the parameters approved by the Design Review Committee, the permit requirements of 184-13 are waived. All signs must be immediately removed whenever the emergency no longer exists or be subject to the penalties of § 223-9. |
Or to take any other action on this matter. On the request of the Board of Selectmen
RECOMMENDATION (Board of Selectmen): That the Town vote Article 17 as printed.
EXPLANATION: This article broadens the scope of the Water Restrictions to include private wells.
To see if the Town will vote to appropriate a sum of money to fund the fiscal year 2003 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. (The Capital Budget appears in the middle of the Warrant Booklet in the green pages.) Not available at this website.
To see if the Town will appropriate a sum of money to be placed in the Stabilization Fund 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 $500,000 from Certified Free Cash to be placed in the Stabilization Fund.
EXPLANATION: The Finance Committee strongly supports the Town Administrator in his plan to build up the Town's "savings account".
To see if the Town will vote to appropriate a sum of money to enter into a contract for engineering and consultant services to prepare a response action for submission to the Massachusetts Department of Environmental Protection in Case no. 4-0000730 and required to be filed to achieve site closure arising out of an oil spill at Falmouth High School reported to the DEP on July 15, 1989, or do or take any other action on this matter. On request of the School Committee.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $50,000 from Certified Free Cash to be expended under the jurisdiction of the School Committee for the purposes of Article 20.
EXPLANATION: The Town completed Phase I and
Phase II of the response action in 1995. At that time, it was the
understanding of the Town that the requirements had been met to achieve
site closure. In 2002 notification was received from the Department of
Environmental Protection that Phase III must be completed.
The Town must now fund that process.
To see if the Town will vote to appropriate a sum of money to enter into a contract for engineering and consultant services to prepare a response action for submission to the Massachusetts Department of Environmental Protection on Case no. 4-0000729 and required to be filed to achieve site closure arising out of an oil spill at the Gifford Street Maintenance Facility reported to the DEP in December, 1988, or do or take any other action on this matter. On request of the Department of Public Works.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $50,000 from Certified Free Cash to be expended under the jurisdiction of the Director of Public Works for the purposes of Article 21.
EXPLANATION: Please see explanation for Article 20.
To see if the town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.00) for the purpose of funding a lease with the Cape Cod Regional Transit Authority for trolley style buses to be used from May 24, 2003 to June 30, 2003 as vehicles for the WHOOSH service, so called, and to determine how the same shall be raised and by whom expended.
Or do or take any other action on this matter. On behalf of the Board of Selectmen.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: Another funding source has been identified and town funding is not required.
To see if the Town will vote to authorize additional funding of Thirty-Nine Thousand Six Hundred Dollars ($39,600.00) to be added to the Education Incentive-Budget Line 01210-51143 to address the contractual agreement between the town of Falmouth and police personnel. 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 Police Chief.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $39,600 from Certified Free Cash to be expended under the jurisdiction of the Police Chief for the purposes of Article 23.
EXPLANATION: M.G.L. Chapter 41 Section 1081, otherwise known as the Quinn Bill, was accepted by the April 2002 Annual Town Meeting. Additional funding is needed due to the number of personnel who have taken advantage of the incentive program.
To see if the Town will vote to appropriate One Hundred Nine Thousand Dollars ($109,000.) as the State's share of the Police Department Educational Incentive Program. 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.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $109,000 from Certified Free Cash to be expended under the jurisdiction of the Police Chief for the purposes of Article 24.
EXPLANATION: The Town of Falmouth and the Commonwealth of Massachusetts are in partnership involving the State Education Incentive program. Under the terms of this program the Town pays for one-half of the program and the State pays the other half. The Town, however, must appropriate the State's share until funding is received from the State.
To see if the Town will vote to appropriate Six Thousand Two Hundred and Sixty-Nine Dollars and 69/100 ($6,269.69) from the Land Bank Fund for the purpose of paying interest on short-term unexcluded debt. 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 Town Treasurer.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $6,269.69 from the Land Bank Fund to be expended under the jurisdiction of the Town Treasurer for the purposes of Article 25.
EXPLANATION: The Town Treasurer needs funding to make planned interest payments on land purchased under the Land Bank Act.
To see if the Town will vote to appropriate Thirty-eight Thousand Two Hundred Dollars ($38,200) for the implementation of the state mandated Governmental Accounting 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 Town Accountant.
RECOMMENDATION: That the Town vote to transfer $38,200 from Certified Free Cash to be expended under the jurisdiction of the Town Accountant for the purposes of Article 26.
EXPLANATION: Funding for this article is necessary for the Town to begin the process of complying with the State mandated accounting system for reporting fixed assets on our financial statements.
To see if the Town will vote to appropriate Fifteen Thousand Dollars ($15,000) for the purpose of funding additional contractual services in the Zoning Board of Appeals Office. 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 Zoning Board of Appeals
RECOMMENDATION (Finance Committee): That the Town vote to transfer $15,000 from Certified Free Cash to be expended under the jurisdiction of the Zoning Board of Appeals for the purposes of Article 27.
EXPLANATION: The Zoning Board of Appeals office is under a heavy workload due the current increase for 40B housing permitting and for the implementation of the Home Occupation bylaw that was approved in the April 2002 Town Meeting. It is necessary for this department to comply with stringent deadlines.
To see if the Town will vote to amend the Position Classification Plan as follows:
Or do or take any other action on this matter. On request of the Town Administrator
Delete: (2) Custodians (Recreation Dept.) Gr. 04 Add: (3) Custodians (Recreation Dept.) Gr. 04
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: The Finance Committee is hesitant to create any new positions until the Early Retirement Incentive program is completed and it is determined if any current positions will be eliminated. The Finance Committee suggests that the custodial needs of the entire Town be explored before any decisions are made.
To see if the Town will vote to amend the Position Classification Plan as follows:
Delete: Supervisor of Data Processing and Records (Police Dept.) Gr. 09 Add: IT Coordinator/Data Processing Supervisor (Police Dept.) Gr. 09
Or do or take any other action on this matter. On request of the Town Administrator.
RECOMMENDATION (Finance Committee): That the Town vote Article 29 as printed.
EXPLANATION: This change in title more clearly defines the duties of this position.
To see if the Town will vote to authorize the Falmouth Housing Task Force on behalf of the Board of Selectmen to proceed with engineering, design and permitting of affordable housing on a parcel of land to be determined by the Board of Selectmen. Town Meeting will be asked to authorize the Board of Selectmen to convey this parcel to a non-profit housing agency for the purpose of Affordable Housing as designed and presented to a future Town Meeting. On request of the Board of Selectmen.
(Please refer to Page M - 11 at the back of the Warrant Booklet)
RECOMMENDATION (Board of Selectmen): That Town Meeting vote to authorize the Housing Task Force, on behalf of the Board of Selectmen, to proceed with design, engineering and permitting of affordable housing on the property known as map lot parcel #17 01 031 049 located on Hayway Road (unconstructed).
EXPLANATION: The Board of Selectmen voted to support the Housing Action Plan approved by the April 2001 Town Meeting by identifying a parcel owned by the Town of Falmouth for the development of affordable housing. This article does not convey property nor does it propose a specific development plan. If the property proves suitable for affordable housing, a plan for conveyance will be placed before a future Town Meeting.
To see if the Town will vote to appropriate One Hundred Fifty Thousand Dollars ($150,000) for the purpose of beach nourishment at Chapoquoit Beach. 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): Indefinite Postponement.
EXPLANATION: This project cannot be accomplished as planned.
To see if the Town will vote to appropriate the sum of Five Hundred Thirty Thousand Dollars ($530,000) for the purpose of installing a water transmission main to connect Ballymeade with the new High Pressure Service Area at Technology Park, the cost of which shall be recovered in part by betterment assessments set by the Board of Selectmen under the Betterment Laws. To determine how the said appropriation 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 appropriate the sum of Five Hundred Thirty Thousand ($530,000.00) Dollars to be expended under the jurisdiction of the Board of Selectmen for the purpose of installing a water transmission main to connect Ballymeade with the new High Pressure Service Area at Technology Park and to fund this appropriation the Town Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under the provisions of General Laws c. 44, 8 (7) or any other enabling authority and to issue bonds or notes of the town therefore said sum to be expended under the jurisdiction of the Board of Selectmen for purposes of this article and that the cost of said improvement be recovered by a capital improvement fee to be determined by the Board of Selectmen and collected from the owners of property benefiting from this improvement as an additional charge on water bills or as an entrance fee to connect to the town water system as appropriated and further that no money be expended under this article until such time as the Board of Selectmen have determined and established a program to collect the capital improvement fee.
EXPLANATION: The connection of the Ballymeade water system to the new elevated water tank will provide reliable fire protection for the entire area, which the present pump station cannot deliver. A Capital Improvement Fee to be determined by the Board of Selectmen and paid by the residents of Ballymeade will recover the cost of the installation.
To see if the Town will vote to transfer the sum of One Hundred Fifty Thousand Dollars ($150,000) from the Reserve/Waterways Appropriation fund for the purpose of funding new floating dock installation at Robbins Road. Or do or take any other action on this matter. On request of the Waterways Committee.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $150,000 from the Reserve/Waterways Appropriation fund to be expended under the jurisdiction of the Waterways Committee for the purposes of Article 33.
EXPLANATION: The town has secured permits to remove the existing fixed piers and to install new floating docks at Robbins Road. The new configuration will add an additional 10 slips and more revenue for the town.
To see if the Town will vote to transfer the sum of Seven Thousand Five Hundred dollars ($7,500) from the Reserve/Waterways Appropriation fund for the purpose of replacing the door and windows on the main patrol boat 104. Or do or take any other action on this matter. On request of the Harbor Master.
RECOMMENDATION (Finance Committee): That the Town vote to transfer $7,500 from the Reserve/Waterways Appropriation fund to be expended under the jurisdiction of the Harbor Master for the purposes of Article 34.
EXPLANATION: The vessel has been in need of upgrade maintenance for several years. The maintenance is needed to keep the vessel in good working condition.
To see if the town will vote to appropriate a sum of money for a feasibility study and design services for renovations and rehabilitation of the Main Library building and to determine whether to raise this appropriation by borrowing or otherwise and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen and the Library Trustees
RECOMMENDATION: That the Town vote to transfer $285,000 from Certified Free Cash to be expended under the jurisdiction of the Library Trustees for the purposes of Article 35.
EXPLANATION: The Main Library building is in need of improvements including the HVAC system, carpet replacement, rewiring and lighting upgrade. These are major repairs and are included in an extensive renovation project, which has been planned for in the Capital Improvement Program. The project will rework the current interior spaces and will not add to the building footprint.
To see if the Town will vote to increase the members of the Falmouth Historical Commission from five (5) to seven (7) members as authorized by the G.L. ch. 40, sec. 8D, or do or take any other action on this matter. On request of the Historical Commission.
RECOMMENDATION (Board of Selectmen): That Town Meeting vote Article 36 as printed.
EXPLANATION: The increase in membership will provide the Historical Commission with additional members and increase participation with the Commission.
To see if the Town will vote to appropriate $3,200 to be paid to the Falmouth Service Center for the purchase and installation of a generator at the food bank facility, 611 Gifford Street, Falmouth or take any other action on this matter. On request of Brenda Swain, Falmouth Service Center, and others.
RECOMMENDATION (Finance Committee): Indefinite Postponement.
EXPLANATION: There is no definite figure for the purchase of this generator, or for its installation. This purchase and its funding should be thoroughly studied before any funds are appropriated.
To see if the town will vote to adopt a by-law regulating the commercial collections of garbage, rubbish and other solid waste including the collection of recyclable materials as follows:
The collection of garbage, rubbish and other solid wastes including the collection of recyclable materials shall be limited to the hours of 7:00 AM to 7:00 PM in the Town of Falmouth. The Board of Health may license off hour collection of garbage, rubbish and other solid wastes, but not recyclable materials, from non-residential structures located in business, agricultural, light industrial, public use and marine zoning districts as defined in the Falmouth zoning by-law, Ch. 240, Code of Falmouth, when it determines that off hour collection is necessary to protect the public health. A license shall be issued for a period of time not to exceed three (3) years. On request of Daniel Cunha and others.
RECOMMENDATION (Board of Selectmen): That Town Meeting vote Article 38 as printed.
EXPLANATION: This article will provide the Board of Health more control of the time of refuse collection on commercial property by limiting collection to the hours of 7:00 a.m. to 7:00 p.m. This has been a concern in areas where commercial facilities are adjacent to residential neighborhoods.
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 fund, by borrowing or by any combination of the foregoing articles by transfer from available funds, by borrowing or by any combination of the foregoing. Or do or take any other action in this matter. On request of the Finance Committee and the Board of Selectmen.
RECOMMENDATION: The Finance Committee will make its recommendation on Town Meeting floor.