General Town Meeting, Tuesday, April 2, 2002

ARTICLE 1:

To choose all other necessary Town Officers for the year in accordance with nominations to be offered at Town Meeting.

RECOMMENDATION (Finance Committee): That the Town vote Article 1 as printed.

ARTICLE 2:

To hear reports of Committees and Town Officers and act thereon.

RECOMMENDATION (Finance Committee): That the Town vote Article 2 as printed.

ARTICLE 3:

To see if the Town will vote to authorize the Selectmen to settle claims and suits, which are pending or may arise against the Town. Or do or take any other action in the matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 3 as printed.

EXPLANATION: This routine article appears in each Spring Annual Town Meeting to authorize the Board of Selectmen to settle suits brought against the Town.

ARTICLE 4:

To see if the Town will authorize the Board of Selectmen to apply for and accept state or federal grants they deem beneficial to the Town, provided that the Board of Selectmen shall hold a public hearing prior to the Board's acceptance of any such grant, if said grant requires the Town to meet future conditions or requirements. Or do or take any other action in the matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 4 as printed.

EXPLANATION: The Board of Selectmen must approve all grants for which application is being made. If the grants include future conditions or requirements, a public hearing should be held to advise the taxpayer of the application.

ARTICLE 5:

To see if the Town will vote to assume the liability in the manner provided by Section 29 of Chapter 91 of the General Laws, as most recently amended by Chapter 5, Acts of 1955 for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, harbor, tidewaters, foreshores and shores along a public beach, including Merrimack and Connecticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws and authorize the Board of Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth. 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 5 as printed.

EXPLANATION: The Commonwealth requires a yearly vote of Town Meeting in order to perform its work on or along our shores.

ARTICLE 6:

To see if the Town will vote to fix the salaries of the Elected Officials as follows:

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

RECOMMENDATION (Finance Committee): That the Town vote Article 6 as printed.

EXPLANATION: The Finance Committee reviewed the salaries of Elected Officials as required by the Charter.

ARTICLE 7:

To see if the Town will vote to authorize continued use of the revolving fund for the expenditures of updating the Code of Falmouth under General Laws Chapter 44, Section 53E1/2 as established by Article 3 of the April 1998 Annual Town Meeting and raise and appropriate the sum of Seven Thousand Dollars ($7,000) for the purpose of the article. Or do or take any other action in this matter. On request of the Town Clerk.

RECOMMENDATION (Finance Committee): That the Town vote Article 7 as printed.

EXPLANATION: Expenses involved in printing and updating the Code of Falmouth are returned to the Town through the sale of the books. Town Meeting approval is required each year to continue the use of the fund.

ARTICLE 8:

To see if the Town will vote to authorize continued use of the revolving fund known as the "Falmouth Recreation Department Revolving Account" under General Laws Chapter 44, Section 53E1/2 as established by Article 4 of the April 1998 Annual Town Meeting. Or do or take any other action in this matter. On request of the Recreation Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 8 as printed.

EXPLANATION: Programs in the Recreation Department are now funded in the budget. This account will be used only for special projects by the department and expenditures must be approved by the Board of Selectmen.

ARTICLE 9:

To see if the Town will vote that any funds received by the Town of Falmouth as part of the Medicaid Medical Services Program (defined in M.G.L. c.44,S72) are allotted to the School Committee for use under its jurisdiction for the benefit of educational programs, or do or take any other action related to this matter. On request of the Falmouth School Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 9 as printed.

EXPLANATION: This article was originally approved at the April 1999 Annual Town Meeting and provides for reimbursement to the schools for special education and health related expenses. The School Department is responsible for compiling all of the necessary information and obtaining parental signatures in order to be eligible for reimbursement. The School Department projects revenue of $350,000 during fiscal year 2003.

ARTICLE 10:

To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000) for the purpose of funding hospital, medical and related expenses incurred by employees of the Fire and Police Departments in the performance of their duties. Or do or take any other action in the matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $15,000 to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 11.

EXPLANATION: This is a routine article that funds any line of duty injury expenses that are not covered by insurance.

ARTICLE 11:

To see if the Town will vote to amend the Town's Position Classification Plan effective July 1, 2002 as follows:

Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Board of Selectmen): Vote as printed.

EXPLANATION: The change in classification is based on an increase in responsibilities as recommended and implemented by audit procedures. The incumbent has been performing increased service for several months.

ARTICLE 12:

To see if the Town will vote to amend the Town's Position Classification Plan effective July 1, 2002 as follows:

Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Board of Selectmen): Vote as printed.

EXPLANATION: This will split the Utilities Manager responsibilities into two new positions, Waste Water Superintendent and Water Superintendent. The activities and responsibilities of this department have grown in scope and complexity and warrant a distinct division for each municipal service.

ARTICLE 13:

To see if the Town will vote to appropriate such sums of money as may be deemed necessary to defray the Town's expenses for the ensuing year, 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 Fiscal 2003 Operating Budget appears in the middle of the Warrant Booklet.

ARTICLE 14:

That the Town 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.

A 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 also except for staff housing), and which includes common areas and community dining facilities, and which provides personal services and social, psychological, educational and health related programs and services, designed to allow residents to safely "age in place" with maximum independence and with skilled care-givers available continuously on-site.

2.

A SCRC shall include independent living units (ILUs) for persons who may not require regular assistance with daily living, as well as assisted living units (ALUs) for persons in need of daily assistance from skilled caregivers, and skilled nursing rooms, provided that the Planning Board may waive the requirement of skilled nursing rooms if a Determination of Need therefor cannot be obtained from the Massachusetts Department of Public Health. A SCRC may also include staff housing units, provided that the number of staff units shall not exceed 10% of the total number of units. The total number of units in the development, including ILUs, ALUs, skilled nursing rooms and staff housing, shall be determined by the Planning Board, but in no case shall the number of units exceed 6 per acre. No unit may contain more than two bedrooms. ALUs may contain no more than 550 square feet and one bedroom. Each skilled nursing room may contain no more than two beds.

3.

The total area of the tract incorporated in an SCRC development shall be a minimum of 35 acres.

4.

Front yard building setbacks shall be a minimum of 100 feet from the perimeter of the Planned Residential Development. Side and rear yard building setbacks shall be a minimum of 45 feet from the perimeter of the Planned Residential Development. The Planning Board may require greater setbacks where needed to provide sufficient screening and buffer from the street or adjacent properties.

5.

With respect to any SCRC building set back at least 200 feet from the perimeter of the Planned Residential Development, the maximum building height shall be three stories, not to exceed 50 feet, as defined for community service uses.

6.

The development may incorporate within a residential building accessory facilities intended solely for the use or benefit of the residents and staff of the development, such as banking and recreational facilities, as limited and approved by the Planning Board.

7.

The Planning Board, in order to approve the special permit for a SCRC, must find that the cumulative impacts of the SCRC shall be no greater than the cumulative impacts associated with other uses allowed as a matter of right or special permit within the zoning district on the lot(s). Speculative uses, such as applications made under G.L. c. 40B, shall not be considered in making the comparison of cumulative impacts. The Planning Board may require the applicant to provide specialized studies or information as necessary in order to make such a finding.

8.

The Planning Board shall not approve a SCRC unless tertiary treatment of wastewater is provided.

9.

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 a SCRC must make a positive finding under 240-122.G. of the Planned Residential Development bylaw.

10.

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 or allow that the development be constructed in phases if necessary to minimize neighborhood impacts or to meet financing or regulatory requirements.

11.

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 Planning Board.

Recommendation: That the town meeting vote Article 14 as printed in the warrant with the following one exception: Add the word "contiguous" to paragraph 3 between the number "35" and the word "acres" so as to read: " 3. The total area of the tract incorporated in an SCRC development shall be a minimum of 35 contiguous acres."

EXPLANATION: This Article would allow Senior Care Retirement Community (SCRC) as an allowed use in a Planned Residential Development (cluster subdivision) by special permit from the Planning Board. Cluster subdivisions have the advantage of concentrating the allowed development on a small portion of the total area of the lot and so preserving the majority of the lot in an undisturbed state. 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. Demographic data indicate that Falmouth's population is aging and that a facility of this nature would be beneficial to the community. Although a number of assisted living and special care facilities for the elderly exist in Falmouth, none provide the mix of independent and assisted living units that the SCRC would include. Accessory uses, such as banking and recreational facilities would be allowed so that elderly residents would not have to drive off-site to meet their needs. The minimum lot size for a SCRC would be 35 contiguous acres and the planning board has identified several parcels that meet this criterion.

The Planning Board would determine the allowed density, but in no case will 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. In order to approve the special permit for an SCRC, The Planning Board must find that the impacts of a SCRC would not be greater than other uses allowed in the zoning district. 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 front yard setback is required to be at least 100 feet. The side yard setback is required to be at least 45 feet. The board may require greater setbacks. The maximum height allowed for a building in an SCRC is 50 feet, but buildings must be setback at least 200 feet from the perimeter of the site.

The Planning Board may only permit a SCRC if, in the Planning Board's sole judgment, it finds under section 240-122.G. (SPECIAL PERMITS) 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 site's natural features

ARTICLE 15:

To see if the town will vote to amend Article XXXXII - Special Permits - of the Zoning Bylaw by adding the following:

240-213 A. Pursuant to Chapter MGL 40A 9 when the Planning Board has been designated as the Special Permit Granting Authority, up to two associate members of the Planning Board are hereby authorized to sit on the Board for the purposes of acting on a special permit application, in the case of absence, inability to act, conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board. Associate members of the Planning Board shall be appointed by a two-thirds vote of the Planning Board to serve a term of such length and so arranged that the term of one member shall expire each year.

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

Recommendation: That the town vote Article 15 as printed in the warrant.

Explanation: A special permit requires a favorable two-thirds vote of the Planning Board in order to issue. This means 5 out of 7 members must vote in favor of an application. If a Planning Board member is absent from a public hearing or cannot vote due to a conflict an applicant is often faced with obtaining 5 out of 6 votes and in some instances 5 out of 5 favorable votes. When this occurs an applicant often requests a postponement of his hearing, creating scheduling conflicts for attorneys and engineers representing both clients and abutters. The Zoning Act (MGL C. 40A) allows for associate members of a planning board who can act on special permit applications when regular members of the board are ineligible. Associate members cannot vote on subdivision plans or site plans or any other matter pending before the Planning Board.

ARTICLE 16:

To see if the town will vote to amend Article II - Building Permit Limitation - of the Zoning Bylaw by deleting the words "May 1, 2002" from Section 240-10 and inserting in its place the words " May 1, 2005" so as to read:

"240-10 Termination Date. This Article will remain in effect until amended or repealed by action of Town Meeting, or until May 1, 2005, which ever occurs first."

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

Recommendation: That the town vote Article 16 as printed in the warrant.

ARTICLE 17:

And to see if the town will vote to amend Section 240-69 of the Zoning Bylaw by adding the following:

ARTICLE 18:

ARTICLE 19:

ARTICLE 20:

ARTICLE 21:

ARTICLE 22:

ARTICLE 23:

ARTICLE 24:

ARTICLE 25:

ARTICLE 26:

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

A.

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 is shown as Lot 50 on a plan entitled "Plan of Open Space Parcel for Atamannsit 1997 Nominee Trust being a division of L.C. Plan 23937 Lot 49 East Falmouth, Massachusetts," scale: 1" = 80', Date: Oct. 26, 2001, prepared by Christopher Costa & Assoc., which plan was voted by the Falmouth Planning Board on November 6, 2001 to be endorsed "Approval Not Required," as said Lot 50 may be shown on a plan accepted for filing by the Land Court. Said parcel shall be 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 entered into 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 1.2 acres, more or less, containing an existing dwelling, and shown as Lot 48 on a plan entitled "Plan of Land for Atamannsit 1997 Nominee Trust being a division of L.C. Plan 23937 Lot 24 and L.C. Plan 23937 H Lot 34 East Falmouth, Massachusetts," scale: 1" = 80', Date: Oct. 26, 2001, prepared by Christopher Costa & Assoc., which plan was voted by the Falmouth Planning Board on November 6, 2001 to be endorsed "Approval Not Required," as said Lot 48 may be shown on a plan accepted for filing by the Land Court, said plan to be approved by the Board of Appeals if required.

4)

Lot 24 on Land Court Plan 23937-D (sheet 2) (assessors map 17-01-016-024), containing 22.03 acres, less the three (3) lots, each containing an existing dwelling, shown as Lot 45 (1.25 acres), Lot 46 (1.16 acres) and Lot 47 (1.48 acres) on a plan entitled "Plan of Land for Atamannsit 1997 Nominee Trust being a division of L.C. Plan 23937 Lot 24 and L.C. Plan 23937 H Lot 34 East Falmouth, Massachusetts," scale: 1" = 80', Date: Oct. 26, 2001, prepared by Christopher Costa & Assoc., which plan was voted by the Falmouth Planning Board on November 6, 2001 to be endorsed "Approval Not Required," as said Lot 48 may be shown on a plan accepted for filing by the Land Court, said plan to be approved by the Board of Appeals if required.

There shall be reserved for the benefit of said four (4) excepted lots the right to use the existing driveway shown on Land Court Plan 23937-D, and a ten foot strip along the southerly side of said driveway, 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 authorize the Board of Selectmen or its designee to accept any further grants or 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.

And further to authorize the Board of Selectmen to acquire all or a portion of said property subject to a Conservation Restriction or, upon acquisition of said property, to grant to the Commonwealth of Massachusetts or other appropriate holder a Conservation Restriction on all or a portion of said property, in accordance with requirements of the Aquifer Land Acquisition Program. Or do or take any other action in this matter. On request by the Board of Selectmen.

SEE MAP M-4

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, Massachusetts, as follows:

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

A.

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 17-01-16-017) containing 7.96 acres,

5)

Lot 21 on Land Court Plan 23937-D (sheets 2 and 5) (assessors map 17-01-016-21) containing 2.0 acres and described in Certificate of Title 138445, and

6)

Lot 23 on Land Court Plan 23937-D (sheets 2 and 5) (assessors map 17-01-016-023) containing .28 acres and described in Certificate of Title 138445.

B.

Land identified as a portion of Lot 34 on Land Court Plan 23937-H (assessors map 17-01-016-634) together with a structure thereon known as Willows containing approximately one (1) acre, which parcel abuts Coonamessett Pond and shall be shown on a plan to be approved by the Planning Board.

To acquire said land the sum of One Million Five Hundred Thousand and no/100 Dollars ($1,520,000.00) (?) 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 Selectman, is authorized to borrow the sum of $1,470,000.00 under and pursuant to Chapter 44, section 7(3) of the Massachusetts General Laws 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, and further to expend the sum of $50,000.00 from certified free cash for the structure known as the Willows and the land immediately thereunder, 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 appropriate authority, except for the structure known as the Willows and the land immediately thereunder which shall be under the jurisdiction of the Board of Selectman for non-residential public recreation purposes, said funds to be expended under the jurisdiction of the Board of Selectmen, and that the Board of Selectmen is hereby authorized and directed to accept any grants or gifts of property, real, personal or otherwise, in connection with the acquisition of the aforesaid property and to enter into any agreement and execute any and all documents incidental and related thereto including granting a Conservation Restriction to the Commonwealth of Massachusetts as required by the Aquifer Land Acquisition Program.

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

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)

a portion of Lot 34 on Land Court Plan 23937-H (assessors map 17-01-016-034) less the 1 acre portion described in B above and a 1 acre parcel containing a private residence all to be shown on a plan to be approved by the Planning Board and containing approximately 11.92 acres and

4)

Lot 24 on Land Court Plan 23937-D (sheets 2 and 5) (assessors map 17-01-016-024) less 3 one acre lots containing private residences all to be shown on a plan approved by the Planning Board containing 19.03 acres and described in Certificate of Title 138445. 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.

To acquire said land the sum of Two Million Nine Hundred and Fifty Thousand and no/100 Dollars ($2,950,000.00) 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 $2,950,000.00 under and pursuant to Chapter 44, Section 7(3) of the Massachusetts General Laws 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 appropriate authorization except that the land within 700 feet of the present layout of Sandwich Road may be under the jurisdiction of the Board of Selectmen for municipal purposes, and that the Board of Selectmen is hereby authorized and directed to accept any grants or gifts of property, real, personal or otherwise, in connection with the acquisition of the aforesaid property and to enter into any agreement and execute any and all documents incidental and related thereto including granting a Conservation Restriction to the Commonwealth of Massachusetts as required by the Aquifer Land Acquisition Program.

EXPLANATION: This purchase will allow the town to buy in 2002 twenty-five+ acres of land that is adjacent to town owned land (the Souza Conservation Parcel) and is in the water protection district of Coonamessett Pond, plus one acre of pond frontage. If the Senior Care Retirement community is successful, twenty-five more contiguous acres will be transferred to the town for the sum of one dollar. If the Senior Care Retirement Community is unable to continue, all 50+ acres will be purchased by the town at a date to be determined.

ARTICLE 27:

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:

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 (Finance Committee): Indefinite Postponement.

EXPLANATION: Agreements have not been reached on the purchase of these parcels.

ARTICLE 28:

To see if the Town will vote to confirm the doings of the Board of Selectmen when it voted to divide a parcel of 51.3 acres approved for purchase by the Town under Article 13, paragraph j of the November 2000 Annual Town Meeting into two parcels, one (1) parcel containing approximately six (6) acres under the jurisdiction of the Board of Selectmen and the remainder acquired by the Town under the jurisdiction of the Conservation Commission, or do or take any action relative thereto. On request of the Board of Selectmen.

SEE MAP M-5

RECOMMENDATION (Board of Selectmen): Vote as printed.

To see if the Town will vote to raise and appropriate Thirty Thousand Two Hundred Fifty ($30,250) for the purpose of initiating the implementation of a public conservation land management plan as recommended by the Town's consultant and to determine how the same shall be raised and by whom expended. Or take any action relative thereto. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $30,250 for the purposes of Article 29 to be expended under the jurisdiction of the Board of Selectmen.

To see if the Town will vote to accept the provisions of M.G.L. Ch. 41 Sec. 1081, the Police Career Incentive Pay Program, which allows the Town to offer base salary increases to regular full-time police officers for furthering their education in the field of police work and for the town to obtain reimbursement from the Commonwealth for one half the cost of such payments. Or do or take any other action in this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): Vote as Printed.

To see if the Town will vote to include the following position in the Technical, Administrative and Management classification plan:

Or do or take any other action in this matter. On request of the Town Administrator.

RECOMMENDATION (Board of Selectmen): Vote as printed.

EXPLANATION: This position was not included in the original article regarding non-union, Technical, Administrative and Management Employees. The position is recommended as an M-8 by the Town's consultant within the new classification system.

ARTICLE 32:

To see if the Town will vote to accept M.G.L. c. 32B s. 9I, Employees on Military Leave of Absence for Active Service, for the purpose of allowing such eligible employees to continue on the town's group health plan. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Board of Selectmen): Vote as printed.

EXPLANATION: Acceptance of this article by Town Meeting allows the town to continue to provide the town's group health plan to eligible employees.

ARTICLE 33:

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

SEE MAP M-6

RECOMMENDATION (Board of Selectmen): Vote as Printed

EXPLANATION: Town Meeting approved this Article at the Fall Annual Town Meeting, but timing for approval by the Board of Selectmen expired and must be approved again to complete taking process. No improvements to this way are required.

ARTICLE 34:

To see if the Town will vote to amend the Falmouth Code, Section 223-3 Definitions: Water Users or Water Consumers to read, "Shall mean all public and private users of water in the Town of Falmouth, irrespective of any person's responsibility for billing purposes for water used at any particular facility".

The change is the words "in the Town of Falmouth" instead of "the Town's public water system".

On request of Daniel Shearer and others.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: At this writing it is unclear if the Town can implement fines, penalties and procedures outlined in the Falmouth Town Code for consumers on private wells.

ARTICLE 35:

To see if the Town will provide funding for any or all of the purposes voted for in the foregoing articles by taxation, by transfer from available funds, by borrowing or by any combination of the foregoing. Or do or take any other action I 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.

Special Town Meeting, Wednesday, April 3, 2002

ARTICLE 1:

To see if the Town will vote to amend the Zoning Bylaw as follows:

Amend Section 240-13, Definitions, "HOME OCCUPATIONS" by adding the following new sentence to the end of said definition: "Home occupation shall include home-based service businesses as defined herein." so that said definition, as amended, would read as follows:

HOME OCCUPATIONS - use of a dwelling unit, or an accessory building, that is clearly incidental and subordinate to its use for residential purposes, by its family residents for employment involving the manufacture, provision or sale of goods and/or services. Home occupation shall include home-based service businesses as defined herein.

Amend Section 240-13, Definitions, by adding a new definition for HOME-BASED SERVICE BUSINESSES in the appropriate alphabetic sequence as follows:

HOME-BASED SERVICE BUSINESSES - A home occupation that operates from a single-family residence, or structure on an adjoining lot provided that both lots are in common ownership with the respect to fee and not-fee interests and do not satisfy the definition of a 'contractor yard,' and meet the following criteria:

a.

The business is owned and operated by the resident of the premises.

b.

The business employs no more than two individuals who are non-family members on the premises.

c.

The business is one of the following types:

1.

Landscaping

2.

Electrical wiring

3.

Plumbing, including gas fitting

4.

Construction, including but not limited to home building and remodeling, framing, masonry and foundations, siding, carpentry, drywall and plastering, flooring, heating, air conditioning, energy service, roofing, painting, sign making.

5.

Mobile marine services, excluding boat storage.

6.

Other general services not more specifically listed.

d.

The business meets all the criteria contained in Section 240-162 F.3. a through e, the special permit criteria for home-based service businesses.

Amend Section 240-162 by deleting paragraph F in its entirety and substituting therefor the following:

240-162 F. A special permit shall be required for certain home occupations as follows:

1.

Any home occupation which otherwise meets the applicable provisions of Section 240-162, except that it utilizes a lot which does not conform to the minimum lot dimensional requirements, shall require a special permit from the Board of Appeals.

2.

The use of any structure, which is nonconforming to the minimum yard requirements, or where one (1) person, but no more than (1) person, who is not a family resident member, is to be regularly employed on the premises in connection with the home occupation, shall require a special permit from the Board of Appeals.

3.

Any home occupation, which satisfies the definition of a home-based service business, shall require a special permit from the Board of Appeals. In acting on such special permit, the Board of Appeals may approve an application that demonstrates compliance with all applicable requirements of Section 240-162 A through F(2) above and the following criteria :

240-162.F (3) (a) The Board of Appeals may approve up to four (4) company vehicles parked overnight on the premises with the following conditions:

1.

All company vehicles must be kept on a driveway, in a garage or within a screened area in a side or rear yard that effectively screens the vehicle from view.

2.

No more than two company vehicles may be kept on any driveway area. Unless specifically approved by the Board of Appeals no un-garaged company vehicle shall be parked overnight within five feet of any lot line or within 15 feet of any off-premises dwelling in existence as of the effective date of this by-law.

3.

Company vehicles shall be limited to the following types: passenger car, mini van, van, sport utility vehicle (SUV), trailers over 18 feet in bed length, pick-up truck or other truck not to exceed 13,000 lb GVW except as may permitted by the Board of Appeals under section 240-38.G (4)(b)

b)  The maximum amount of exterior storage shall not exceed more than 10% of the lot area, with the following conditions:

1.

All exterior storage, including trailers under eighteen feet in bed length, shall be completely screened from view.

2.

Any exterior storage shall be no closer than thirty (30) feet to any off-premise dwelling in existence as of the effective date of this by-law.

3.

Unless specifically approved by the Board of Appeals no such exterior storage shall occur within 5 feet of any lot line.

4.

No exterior storage shall be allowed within any front yard area as defined in this zoning by-law.

5.

Materials that require use of a motorized device to off-load or load shall not be stored on the premises of a home-based service business.

c)  There shall be no more than two employees, who are not family members, assigned to work on the premises of the home-based service business, under the following conditions.

1.

Every such non-family employee is engaged in work within the dwelling or in an accessory structure or screened in area subject to the provisions of section 240-110.

2.

No work other than moving goods, materials, or equipment shall occur outside a structure on the premises.

3.

The business may employ other individuals to perform work at off-site locations and only limited visits of an occasional nature to the premises by such employees shall not constitute employment on the premises for the purposes of Section 162 E of this by-law. However, limited employee visits to said business to pick up work assignments and/or supplies may occur, provided no such visits shall occur more than twice a day, exceed thirty (30) minutes and only during regular business hours.

d)  Hours of operation, equipment management requirements, storage of equipment, and other conditions necessary for the issuance of the special permit shall be as follows:

1.

Except for emergency situations, regular business hours for the home-based service business, as well as any loading or off-loading of equipment or supplies, shall be limited to between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No vehicles used for delivery or pick-up purposes shall exceed 13,000 pounds of gross vehicle weight.

2.

There shall be no running or servicing of motorized equipment used in connection with the home-base service business on the premises of said business or within the layout of any street or way on which the business premises has frontage, except for normal business activities in connection with providing services to a customer of the business on said street or way. This provision specifically excludes the operation of licensed company vehicles. Company vehicles shall be serviced off-site in an approved vehicle service facility. Motorized equipment, such as lawnmowers and so-called 'bobcat' excavation machines, may be loaded and off-loaded only between the hours of 7:00 a.m. and 7:00 p.m. All such loading and off-loading shall take place only within a driveway, garage, or equipment storage areas on the business premises and not within any street or way, except for normal business activities in connection with providing services to a customer of the business. Any motorized equipment registered for on-street travel, including but not limited to so called "bucket trucks" or similar vehicle shall not be considered equipment for the purposes of this bylaw.

3.

There shall be no stockpiling or other storage of landscape media, including but not limited to the following: topsoil, sand or other fill material, crushed stone, gravel, seashells, seaweed, mulch, or wood chips for re-sale, by any home-based service business.

e)  Additional Special Permit Criteria
In addition to the above and the criteria found in 240-216, the Board of Appeals shall find the following criteria have been satisfied:

1.

The ways providing access are adequate and can safely accommodate the traffic of the HBSB to and from the site.

2.

The Board of Appeals shall limit the number of employees or subcontractors who routinely visit the site for the purposes of section c.3 above taking into consideration neighborhood characteristics and the nature of the HBSB.

3.

The Board of Appeals shall make a finding that the hazardous materials storage requirements of the water resource protection district have been satisfied.

4.

The Board of Appeals shall consider the cumulative effects of allowing more than one HBSB located in any given neighborhood taking into account the density of the neighborhood, the distance separating each HBSB, the nature of each HBSB and the effects on abutters, if any.

5.

For other special permits that may be applied for, including applications under section 240-38.G (4)(b), the Board of Appeals shall consider the combined effects associated with each application.

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

Recommendation (Planning Board): That the town vote Article 1 as printed in the warrant.

Explanation: This Article is the third in a series of Articles that the Planning Board has brought to the town concerning the contractor community. In 1997 the town passed an Article for large contractors. In 2000 an Article was passed for more medium sized contractors. This Article represents an attempt to accommodate the small contractor by allowing a home-based service business as a home occupation. A home-based service business may be allowed by a special permit from the Board of Appeals in all zoning districts. The Board of Appeals must take into consideration the nature of the business and determine the number of vehicles, amount of storage and the number of employees allowed on-site. The Board of Appeals can also set the hours of operation, and how and where operations on the site can be conducted.

ARTICLE 2:

To see if the Town will vote to amend Article V, Section 240-23. Special Permit Uses of the Zoning By-law, Paragraph I. (1) at the end of the first sentence the following, "or owned by the Falmouth Housing Authority or a local housing non-profit corporation with a minimum of three years experience in the creation and management of affordable housing."

And

To add in Article V, Section 240-23. Special Permit Uses, of the Zoning By-law, Paragraph I. (7) the following prior to the last sentence on the first paragraph, "For properties owned by the Falmouth Housing Authority or a local non-profit housing corporation with a minimum of three years experience in the creation and management of affordable housing, the aforementioned restrictions will apply to both units."

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

Recommendation (Planning Board): That the town vote Article 2 as printed in the warrant.

Explanation: This Article amends the accessory apartment bylaw to allow the Falmouth Housing Authority or a non-profit housing corporation such as the Falmouth Housing Trust, to apply to the Board of Appeals for a special permit to add an accessory apartment to a single-family home. Unlike other applicants for an accessory apartment, the Falmouth Housing Authority or non-profit housing corporation must make each unit affordable in order for the Board of Appeals to issue the special permit. The Planning Board believes this to be an opportunity to expand the inventory of affordable units and recommends the Article to the town.

ARTICLE 3:

To see if the Town will vote to adopt the following Affordable Housing Action Plan, developed by the Affordable Housing Task Force, which contains an eight-point program to create affordable housing in Falmouth via several strategies including purchasing existing housing with a bond, building on Town-owned land, zoning amendments to the Accessory Apartment By-law, a variety of creative 40B developments, and long-term leasing. The Plan is designed to have the Town achieve the goal of having 5% of its housing stock as affordable within 18 months and 10% of it affordable within seven years. A copy of the Affordable Housing Action Plan is on file with the Town Clerk and a copy is available at the Falmouth Public Library. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): Vote Article As Printed.

EXPLANATION: The Board of Selectmen has voted to support the above described Action Plan to create affordable housing in Falmouth. The plan is well balanced in its approach, combining the use of existing tools, new zoning, creative use of existing town property and funding to acquire existing housing stock. Each point of the plan must be reviewed individually but works most effectively when approached collectively.

ARTICLE 4:

To see if the Town will vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow the sum of Three Million ($3,000,000.00) Dollars under and pursuant to Chapter 44, Section 7 (3) of the Massachusetts General Laws or any other enabling authority, for the purpose of implementing the Affordable Housing Action Plan for Falmouth as approval by Article 3 of this Town Meeting, and to issue bonds and notes of the Town therefore, said funds to be expended under the jurisdiction of the Falmouth Housing Authority, with the concurrent approval of the Board of Selectmen, for the purpose of buying, rehabilitating and making affordable existing housing units in the town in accordance with the Affordable Housing Action Plan, including costs incidental and related thereto; provided, however, that no sums appropriated hereunder shall be borrowed or expended for this purpose unless and until the Town shall have voted to exempt the amount required to pay for the bonds or note issued from the provisions of Proposition two and one half so-called, or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: The Finance Committee believes that this portion of the Affordable Housing Action Plan for Falmouth needs to be reconsidered. The committee does not believe the borrowing of $2,000,000 to $3,000,000 under the proposed plan is prudent. It is possible that a plan with greater emphasis on individual home ownership and/or one that better serves the intended target group would have wider support. The Finance Committee recognizes both the need for affordable housing and the work of the Task Force, however, we believe that before this large a sum of tax dollars is raised, more public discussion and community input is necessary. It is hoped that the discussion at the Town Meeting will focus the community's thoughts and goals on this issue.

ARTICLE 5:

To see if the Town of Falmouth will vote to amend the official zoning map of the Town of Falmouth to rezone from Single Residence B to Business 3 the land shown on Falmouth Assessor's Map 05, Section 06, Parcel 001, Lot 001 located off North Falmouth Highway* and the land shown on Falmouth Assessor's Map 05, Section 06, Parcel 001, Lot 002, located off North Falmouth Highway**, consisting of a total of 47,330 square feet of land.

*358 North Falmouth Highway, North Falmouth
**352 North Falmouth Highway, North Falmouth

On request of George Moussa and others.

Recommendation (Planning Board): Indefinite Postponement

Explanation: The Planning Board is not in favor of expanding commercial zoning in this area. There are significant wetlands on this site. The site is also directly opposite a residential neighborhood, and testimony at the public hearing from area residents regarding the amount and speed of traffic in this area was of concern to the Planning Board. A more thorough review of this Article is warranted before proceeding.

ARTICLE 6:

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:

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.

SEE MAP M-7

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

EXPLANATION: The purchase and sale agreement had not been signed when the Finance Committee considered this article.

ARTICLE 7:

To see if the Town will vote to appropriate a sum of money 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.

SEE MAP M-8

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: This article originally appeared in the November 2001 Annual Town Meeting in the amount of $242,592. The Finance Committee believed that the purchase price was far more than what the prospective uses for one-half acre of land warranted. When this article was reviewed for this Town Meeting, the cost was unknown.

ARTICLE 8:

To see if the Town will vote to appropriate One Hundred Thousand Nineteen Dollars ($119,000) for the purpose of making a principal payment on short term Land Bank debt. 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 Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $119,000 from the Land Bank Fund to be expended under the jurisdiction of the Town Treasurer for the purposes of Article 8.

EXPLANATION: The Treasurer needs funding to make interest payments on land purchased under the Land Bank Act.

ARTICLE 9:

To see if the Town will vote to appropriate a sum of money for the replacement of the Falmouth High School Field House roof and related work, and to determine whether to raise this appropriation by borrowing or otherwise. Or do or take any other action in this matter. On request of the Falmouth High School Building Committee.

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

EXPLANATION: Bids will be opened on March 26, 2002, after this booklet has been printed.

ARTICLE 10:

To see if the town will vote to transfer Eighty Thousand Dollars ($80,000) from Line 39000-58891 School Construction - Lawrence to the Mullen Hall School construction and to determine by whom expended. Or do or take any other action in this matter. On request of the Lawrence/Morse Pond School Building Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 10 as printed to be expended under the jurisdiction of the Mullen School Building Committee.

EXPLANATION: The Morse Pond/Lawrence School Building Committee has voted to transfer remaining contingency funds in those schools' building project accounts to the Mullen School Building Project. All originally planned work as part of the overall building project at the Morse Pond and Lawrence Schools has been completed or will be completed in the near future with encumbered funds. It was determined by the Morse Pond/Lawrence School Building Committee that these funds could be better used in the Mullen School Construction Account to support the project that for supplemental work at the Morse Pond and Lawrence Schools.

ARTICLE 11:

To see if the town will vote to appropriate Eighty Four Thousand Four Hundred Eleven Dollars ($84,411) 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 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 the matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $84,411 from Certified Free Cash to be appropriately distributed by the Town Accountant to the accounts affected for the purposes of Article 11.

EXPLANATION: This article funds the first of a three-year contract with the AFSCME Union.

ARTICLE 12:

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 the matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

ARTICLE 13:

To see if the Town will appropriate Fifteen Thousand Dollars ($15,000) for the purpose of continuing the funding of a contractual position in the Conservation Commission budget, to determine how the same shall be raised and by whom expended. On request of the Conservation Commission.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $15,000 from Certified Free Cash for the purposes of Article 13 to be expended under the jurisdiction of the Conservation Commission.

EXPLANATION: The April 2000 Special Town Meeting approved $15,000 for contractual assistance to clear up a backlog of work due to changes in personnel. The workload in this department requires an extension of these services.

ARTICLE 14:

To see if the Town will vote to appropriate Three Hundred Nineteen Thousand Five Hundred Ten Dollars and 34/100 ($319,510.34) under Chapter 235; Acts of 1999, as the state's share of the work under Chapter 90, Section 34 (2a) of the Massachusetts General Laws, and to authorize the Board of Selectmen to execute with the state such contracts as may be necessary for said purpose, 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 Article 14 as printed to be expended under the jurisdiction of the Board of Public Works.

EXPLANATION: The appropriation of Chapter 90 funds provides for 100% reimbursement for work done on Town accepted roads.

ARTICLE 15:

To see if the Town will vote to appropriate Twenty Thousand Dollars ($20,000) for the purpose of updating the computer and environmental systems of the Municipal Fuel Center at the DPW Maintenance Facility, 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 for the purposes of Article 15 to be expended under the jurisdiction of the Department of Public Works.

EXPLANATION: The Municipal Fuel Center was installed in 1991. The equipment is outdated and replacement parts are not available. The computer and environmental systems must be updated at this time.

ARTICLE 16:

To see if the Town will vote to appropriate Three Hundred Twenty Thousand Dollars ($320,000) for the purchase of two ambulances, 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 Fire Chief.

RECOMMENDATION (Finance Committee): That the Town vote to enter into a lease/purchase agreement under the provisions of Chapter 40, Section 4 of the Massachusetts General Law for the purchase of two ambulances. The cost of the lease/purchase, including all interest charges, shall not exceed $320,000. Said lease/purchase agreement is not to be signed before July 1, 2002.

EXPLANATION: A line item in the Fire Department budget is funded each year for $80,000 in order to replace needed vehicles in the Fire Department. The lease/purchase funding will come from this source.

ARTICLE 17:

To see if the town will vote to transfer Thirty-one Thousand Six Hundred Seventy-two Dollars and 47/100 ($31,672.47) from Account 01295-58010 (Great Harbor Woods Hole Dock reconstruction) into the Reserve/Waterways Improvement fund. Or do or take any other action in this matter. On request of the Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 17 as printed to be expended under the jurisdiction of the Waterways Committee.

EXPLANATION: Surplus funds are no longer needed for the Great Harbor Town Dock. Cost of the project was less than anticipated.

ARTICLE 18:

To see if the town will vote to transfer Seven Thousand Four Hundred Thirty Dollars and 57/00 ($7,430.57) from account 01295-58008 (Great Harbor Woods Hole ramp) to account 01295-58011 (Replace water line) and to determine under whose jurisdiction the same shall be expended. Or do or take any other action in this matter. On request of the Harbor Master.

RECOMMENDATION (Finance Committee): That the Town vote Article 18 as printed to be expended under the jurisdiction of the Harbor Master.

EXPLANATION: The current funding was insufficient to cover the cost of the water line replacement based on the project bids received by the town. The remaining funds in line item 01295-58008 are no longer needed as the ramp reconstruction is complete and this represents surplus funds above the cost of the project. This funding was originally from the Reserve/Waterways Improvement Fund.

ARTICLE 19:

To see if the town will vote to transfer Five Thousand Seven Hundred Thirty-seven Dollars ($5,737) from the Reserve/Waterways Appropriation Fund for the purpose of repairing the sewer relay station at the main marina and to determine under whose jurisdiction the same shall be expended. Or do or take any other action in this matter. On request of the Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 18 as printed to be expended under the jurisdiction of the Waterways Committee.

EXPLANATION: The sewer relay station at the main marina has been evaluated by the town electrician and major upgrades are necessary to keep this system functioning properly. Essential electrical and plumbing work must be done prior to the start of the boating season. This appropriation will pay for all of the parts and plumbing work necessary to complete this project. The electrical work will be performed by the town electrician.

ARTICLE 20:

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 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.