ARTICLE 1:

To see if the Town will hear reports from committees.

C. Permitted Residential Uses

1. One, two and three-family dwellings

D. Permitted community service uses

1. Churches, schools, libraries, museums, educational, research and philanthropic institutions, cemeteries.

2. All municipal purposes, including the administration of government, parks, playgrounds, recreation buildings, town forests, water towers, fire and police stations

E. Permitted business and commercial uses

1. Retail sales not more specifically listed only if each establishment occupies no more than 4,000 square feet gross floor area.

2. Business or professional offices, bank, medical clinic, computer center.

3. Personal and household services only if each establishment occupies no more than 4,000 square feet gross floor area.

4. Class I or Class II restaurants

F. Permitted accessory uses

Such accessory uses as are customarily incidental to any of the above uses except that the outdoor display and/or storage of goods and merchandise for sale is permitted beyond the front yard setback only when such display and/or storage is wholly incidental and secondary to a primary use conducted within the permanent structure on the lot. No such display and/or storage may occur in delineated parking spaces, traffic lanes, crosswalks, sidewalks and front yards.

G. Special permit uses:

Uses allowed on special permit from the Board of Appeals:

1. Commercial accommodations. (See Article XXVII.)

2. Multifamily dwelling greater than 6 units/acre, up to 8 units/acre if the Board of Appeals finds: that the public good will be served; that the business zoned area would not be adversely affected; and that the uses permitted in the zone would not be noxious to a multifamily use.

3. The outdoor display and/or storage of goods and merchandise for sale other than as permitted under §F. The issues raised in F shall be issues to be considered in addition to those specified in §240-216.

4. Any change, alteration, modification, or addition to an existing business or commercial shopping center that would result in a building with a gross floor area of 10,000 square feet or more.

5. Motor vehicle service stations

6. Nursing homes

7. Class III restaurant

Uses allowed on special permit from the Planning Board:

8. Any new construction of a business or commercial shopping center with a proposed gross floor area of 7,000 square feet or more.

9. Any new mixed use construction with a proposed gross floor area of 10,000 sq. ft. or more

H. Dimensional Requirements

Minimum Lot Size	20,000 square feet
Minimum Lot Width	125 feet
Maximum Lot Coverage by Structures, Paving & Parking	60%
Maximum Lot Coverage by Structures	20%
Maximum Building Height	35 feet
Minimum Setbacks	20 feet FY	10 feet SY/RY

I. Site Plan Requirements

One curb cut shall be allowed by right per lot with Main Street frontage. One curb cut shared between abutters is preferable. The Planning Board under Site Plan Review may grant exceptions if two curb cuts are absolutely necessary to access parking facilities or to reduce traffic impacts on a given site.

J. Parking Requirements

Parking shall be provided as per Article XXII - Parking Requirements - of the Zoning Bylaw. All parking shall be located in side or rear yards behind the front faade line of the building, the exact location to be determined by the Planning Board under Site Plan Review. However, the number of the required parking spaces may be altered by the Planning Board under Site Plan Review for uses allowed as a matter of right, or by the Special Permit Granting Authority for uses allowed by special permit in the following manner:

Number of spaces: May be reduced for mixed use developments at the discretion of the Planning Board based on the number of uses that are complementary in days and hours of operation. Parking may also be reduced if pedestrian amenities both on-site and between properties and the street line are incorporated into the site planning. In no case shall parking be reduced below 50% that is required pursuant to Article XXII unless by special permit, the Board Appeals allows for such pursuant to §240- 107.B.

Location of Spaces: Parking maybe located off premises if shared parking between businesses or uses can be demonstrated via long-term agreements, leases, and licenses of five years or more and to the satisfaction of the Planning Board or Board of Appeals as the case may be. Shared parking shall not be allowed that is more than 300 feet from the property line.

Definitions

Front faade line - A line even with the front faade of a building extending out to the side property lines delineating the front and side yards on a site for site design purposes.

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

RECOMMENDATION: That the Town vote Article 3 as printed, except for the following two changes:

1. Under Section I: Site Plan Requirements - first paragraph

Delete: One curb cut onto Main Street shall be allowed by right per lot with Main Street frontage.

Add: One curb cut onto Main Street shall be allowed by right.

2. Under Section J: Parking Requirements-second paragraph

Add the words and green space

So as to read:

I. Site Plan Requirements

One curb cut onto Main Street shall be allowed by right. One curb cut shared between abutters is preferable. The Planning Board under Site Plan Review may grant exceptions if two curb cuts are absolutely necessary to access parking facilities or to reduce traffic impacts on a given site.

J. Parking Requirements - second paragraph

Number of spaces: May be reduced for mixed use developments at the discretion of the Planning Board based on the number of uses that are complementary in days and hours of operation. Parking may also be reduced if pedestrian and green space amenities both on-site and between properties and the street line are incorporated into the site planning. In no case shall parking be reduced below 50% that is required pursuant to Article XXII unless by special permit, the Board Appeals allows for such pursuant to 240-107.B.

To see if the town will vote to amend the Official Zoning Map by rezoning the land currently zoned Business 2 with frontage on the southerly sideline Main Street from King Street to Falmouth Heights Road and on the Northerly sideline of Main Street from Gifford Street up to and including the property located at 704 Main Street, to Business Redevelopment District, said land is also shown on Falmouth Assessor's Map 39, Section 20, Map 47B Sections 2,3,4,5 & 9 and also depicted on a map entitled: "Map of Proposed Rezoning - Business 2 to Business Redevelopment on Main Street, Falmouth" dated August 31, 2004 as shown below.

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

RECOMMENDATION: That the Town vote Article 4 printed in the warrant.

EXPLANATION: This article remaps the existing Business 2 zoning district to Business Redevelopment. The Planning Board believes this zoning will help revitalize this area of town.

To see if the Town will vote to amend the Zoning Bylaw, Section 240-109.H(4), with respect to the location of curb cuts for drive-thru establishments, by inserting the following sentence after the first sentence thereof:

By Special Permit, the Planning Board may waive the offset requirement for a bank that does not abut another drive-thru establishment.

On request of Robert H. Ament and others.

RECOMMENDATION: Indefinite Postponement.

To amend the official zoning map of the Town of Falmouth to rezone a portion of the property on 141 Sandwich Road zoned Agricultural B to Business 3, shown on assessor's map 34 section 04 parcel 012, lot 000A, including parcels 10, 11, 12 and 12B. The Agricultural B area to be rezoned will continue the Business 3 zoning line south stopping 25 feet from the boundary of the abutting property. On request of David Drew and others.

RECOMMENDATION: That the Town vote Article 8 as printed in the warrant.

EXPLANATION: Currently, Mr. Drew's property on Sandwich Road is bisected by two zoning districts (see map). Extending the zoning line to the south will allow Mr. Drew to have his entire building and parking in a business district. This would be consistent with the zoning change voted by Town Meeting on the opposite side of the road last April.

To see if the Town will vote to amend the Town Bylaws, Chapter 255 Section 13, Charges for service to read as follows:

DELETE UNDERLINED

 255:13. Charges for service.

The charge for service will be in keeping with current Medicare and welfare reimbursements. ; thirty-five dollars ($35.) minimum, plus two dollars ($2.) per loaded mile; ten dollars ($10.) for oxygen.

Or do or take any other action on this matter. On request of the Fire Chief.

RECOMMENDATION (Board of Selectmen): As Printed

To see if the Town will vote to amend the Town Bylaws, Chapter 83, Section 13, License of Dogs to read as follows:

83-13. License required; fees. [Amended ASTM 4-7-1992, STM Art. 38; 4-6-1993, Art. 15, approved 7- 16-1993]

All dogs within the Town of Falmouth shall be duly licensed by the Town Clerk on or before July 1 of each year and in accordance with the provisions of MGL C. 140, §§137 and 137A. For licensing purposes, all dogs must be currently inoculated against rabies. Dog licenses shall be issued by the Town Clerk upon payment of a fee of three dollars ($3.) per year for a neutered or spayed dog and six dollars ($6.) ten dollars ($10.) per year for all other dogs. A license may be issued for a term of one (1), two (2) or three (3) years, whichever will coincide with the renewal date of the required rabies inoculation.

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

RECOMMENDATION (Board of Selectmen): As Printed

To see if the Town will vote to amend the Town Bylaws, Chapter 119, Section 4, to read as follows and to be appropriately numbered by the Town Clerk:

§ 119-4. Enumeration of fees.

Entering intentions of marriage or issuing license:
Delete ten dollars ($10)     Add fifteen dollars ($15)

Filing a business certificate [dba, four (4) years]:
Delete ten dollars ($10)     Add forty dollars ($40)

DELETE:
Completing an assignment of wages (per pay period) one dollar:

ADD:
	Certification of Planning Board Decisions:	five dollars ($5.).
	Certification of Zoning Board of Appeals Decision:	five dollars ($5.).
	Certification of Conservation Order of Conditions:	five dollars ($5.).

Certifying no appeal:
Delete one dollar ($1).         Add five dollars ($5.).

Voter Identification card: Delete two dollars ($2.)	Add five dollars ($5.).
Alpha census/voter list: Delete twenty-two dollars and fifty cents ($22.50).	Add twenty-two dollars ($22.).
Copy of census/voter list on CD	thirty-five dollars ($35).
DELETE: Uniform Commercial Code filing: Uniform Commercial Code termination: Uniform Commercial Code search:	ten dollars ($10.). ten dollars ($10.). ten dollars ($10.).
Uniform Commercial Code:     Two (2) pages:     Each additional page:	three dollars ($3.). one dollar ($1.).
ADD: Full copy of Code of Falmouth Subscription to code updates:	one hundred sixty dollars ($160.). sixty dollars ($60.).
Book of Zoning Bylaws:   DELETE:   To be purchased directly from authorized supplier.   ADD:   twenty-five dollars ($25.).
ADD:   Zoning Map:	five dollars ($5.).
DELETE: Hunting and fishing licenses: reference Massachusetts Division of Fish and Wildlife most current schedules. Checks returned for insufficient funds: reference MGL C. 44, § 69.

Or do or take any other action on this matter. On request of the Town Clerk.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 11 with the following changes: ADD: Copy of census/voter list on CD thirty-five dollars ($35). DELETE: Uniform Commercial Code: Two (2) pages: three dollars ($3.). Each additional page: one dollar ($1.).

To see if the Town will vote to add the following chapter to the Code of Falmouth to be properly numbered by the Town Clerk:

Section 1 Purpose. Under the authority granted in Mass. Gen. L. ch. 148 § 56, this By-law establishes the criteria for licensing of those entities engaged in operating open air parking lots for a fee or as a business. The chapter establishes minimum performance standards to help insure public safety especially in cases of environmental pollution or fire in unattended vehicles.

Section 2 Exemptions. Parking facilities operated by or on behalf of the Town of Falmouth, the Cape Cod Regional Transit Authority and lots with a capacity of less than 25 automobiles are exempt from the requirements of this chapter. However, entities that operate more than one such parking lot within the Town of Falmouth are not exempt no matter the size of any individual lot and all such lots are subject to the licensing requirements of this chapter even if any have a capacity of less than 25 automobiles. Facilities that provide parking for trucks are subject to the requirements of this chapter regardless of size.

Section 3 Definitions:

Entity: Any individual, business, corporation, partnership, sole proprietorship government agency, quasi- government agency, society, organization or group that provides parking for a fee or as part of a general fee or tariff where the user of the parking service does not remain on the site of the parking.

Truck: Any vehicle with a gross vehicle weight of more than 13,000 pounds.

Section 4 Licensing Authority and Issuing Authority. The Board of Selectmen is the licensing authority for this chapter of the By-law. The Fire Chief is the issuing authority of licenses. The Fire Chief may delegate issuing of licenses within his department.

Section 5 Fees. The Board of Selectmen shall annually establish the fee.

Section 6 Application Procedures: Any entity seeking a license under this chapter shall submit the following information to the Fire Chief or his designee with copies simultaneously submitted to the Building Department and Conservation Commission. The Fire Chief may require a specific application form.

1. Certified plot plan detailing each parking place; entrances, exits, fire lanes, nearest fire hydrants, storm drains, property lines and any wetlands or conservation areas that either are on the property or within 100 feet of the property line.
2. A copy of a valid special permit issued by the Board of Appeals, if any.
3. Proof that a copy of the application has been given to the Building Commissioner and the Conservation Commission.
4. A narrative description of the operation including, total number of automobile spaces, total number of truck spaces, total number of handicap spaces, staffing, security, environmental response and fire fighting equipment.
5. A description of any hazardous or volatile materials (excluding vehicle fuel tanks) allowed and whether any special parking requirements are imposed on vehicles carrying hazardous or volatile materials.
6. Licensing fee (nonrefundable).

Section 7 Issuance of License and Appeals: Within 14 days of receiving a copy of the application, the Building Commissioner and the Conservation Administrator shall submit comments and concerns, if any, to the Fire Chief. Within thirty days of receiving an application, the Fire Chief shall issue a license unless the Fire Chief or his designee notifies the applicant in writing that the Fire Chief has determined that there are safety and/or environmental concerns at the site requiring rectification. The Fire Chief may issue a license that imposes special conditions if necessary to insure that the purposes and goals of this chapter are reached. If a license is not issued, the applicant may correct the safety and/or environmental deficiencies and reapply for a license or the applicant may appeal the determination of the Fire Chief to the licensing authority. If an applicant rectifies the safety or environmental concerns and reapplies for a license within 30 days of a denial, no additional licensing fee shall be charged.

Section 8 Appeals: Any entity aggrieved by a determination of the Fire Chief or his designee may appeal that determination to the Board of Selectmen. The entity aggrieved must file a written appeal plus pay an appeal fee established by the Board of Selectmen within 10 days of issuance of the determination being appealed. The written appeal must state the grounds for the appeal and specify each error alleged against the Fire Chief or his designee. The Board of Selectmen shall schedule a public hearing within 45 days of receiving an appeal. Notice of the hearing shall be advertised in a newspaper of general circulation two times, the first such notice appearing at least 10 days prior to the public hearing. If the Board of the Selectmen finds that the Fire Chief made no errors in his determination, the determination of the Fire Chief shall be affirmed. If the Board of Selectmen determines that the Fire Chief has made errors, the Board may issue a license or remand the application to the Fire Chief for further action.

Section 9 Unpaved parking lots. If not allowed by a special permit issued by the Board of Appeals, the Board of Selectmen, after a public hearing, may authorize the use of unpaved areas for the purposes of this chapter. Authorization of unpaved areas does not relieve an applicant from submitting a certified plot plan or delineating parking spaces. The marking and maintaining of appropriate fire lanes shall be required at all times in any unpaved parking lots.

Section 10 Violations and enforcement.
a. The following shall be violations of this By-law punishable by a fine of $300.00 per offense. Each vehicle parked in violation of this chapter shall be a separate offense and each day the offense continues shall also be a separate offense.

1. Operating a parking lot without a license. If the number of vehicles actually parked cannot be ascertained, each parking space so operated shall be a separate offense each day.
2. Exceeding the licensed capacity of parking lot.
3. Blocking a fire lane or operating a lot with a fire lane blocked or partially blocked so that fire apparatus may not pass.
4. Failure to report an environmental spill or hazard to the Fire Department.
5. Parking of vehicles with hazardous or volatile substances (excluding vehicle fuel tanks) when not specifically approved by the license.
6. Violation of a term or condition of a license.

b. Enforcement of this chapter shall be in accordance with Chapter 1 of the Code of Falmouth. The Fire Chief, any deputy fire chiefs, fire department duty officers, fire prevention officers, police officers, natural resources officers or zoning enforcement officers may issue citations for violations of this chapter.

c. In cases where there are repeat violations resulting in more than 3 notices of violation being issued in any 12 month period, the Board of Selectmen, after a public hearing, may suspend or revoke any license issued in accordance with this chapter.

d. In cases where the public safety is jeopardized or risked, the Fire Chief may suspend a license issued in accordance with this chapter until such time as the Board of Selectmen can hold a public hearing but in no case for more than 30 days. After a public hearing the Board of Selectmen may reinstate the license, suspend or revoke it. If during the period of suspension, the public safety concerns are rectified to the satisfaction of the Fire Chief, the Fire Chief may reinstate the license without necessity of a hearing.

Section 11 Effective Date. This By-law shall be effective May 1, 2005. Each license issued in accordance with this chapter shall be valid for no longer than one year. Each license issued shall expire on April 30 following the date of issue. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): As Printed

To see if the Town will vote to accept the provisions of Section 298 of Chapter 149 of the Acts of 2004 which permits a town to replace participation in the Cape Cod Open Space Land Acquisition Program (Land Bank) established in accordance with Chapter 293 of the Acts of 1998 with participation in the Massachusetts Community Preservation Act, Mass. Gen. L. ch. 44B sections 3 through 7 inclusive for open space, historic resources and affordable housing purposes. To further substitute and dedicate the three percent property tax surcharge currently being assessed through fiscal year 2020 under the Cape Cod Open Space Land Acquisition Program (Land Bank) for the purposes of the Massachusetts Community Preservation Act. To further authorize the Town to seek reimbursement for funds expended in accordance with the Massachusetts Community Preservation Act for the maximum amount permitted by that law, currently 100 percent of the levy. To place on the ballot on the next municipal election the following question:

"Shall the Town of Falmouth adopt Section 298 of Chapter 149 of the Acts of 2004, as approved by Town Meeting, a summary of which appears below."

"Acceptance of Section 298 of Chapter 149 of the Acts of 2004 means the Community Preservation Act shall effectively replace the Cape Cod Open Space Land Acquisition Program. There shall be no additional excise or tax levied other than the current 3 percent levied for the provision of the Cape Cod Open Space Land Acquisition Program. Acceptance of this section shall allow the community to access state matching funds up to 100 percent of the excise on real property currently levied, which was previously unavailable to the Town"

And further that the effective date of replacement, if approved by the voters, of the Cape Cod Open Space Land Acquisition Act by the Massachusetts Community Preservation Act be the fiscal year beginning July 1, 2005. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): As printed

To see if the Town will vote to authorize the Board of Selectmen to file a Special Act of the Legislature to amend Chapter 134 of the Acts of 1988 "An Act Relative to The Membership Of the Conservation Commission Of the Town Of Falmouth" by deleting the second paragraph of said Act and inserting the following:

The chairman or presiding officer of said commission may designate any such Associate member to sit on the commission whenever a regular member is absent, unable to participate due to a conflict of interest or a vacancy exists. In no case may more that a total of seven regular and associate members sit on any particular matter coming before the commission.

Or do or take any other action on this matter. On request of the Conservation Commission.

RECOMMENDATION (Board of Selectmen): As Printed

To see if the Town will vote to authorize the Board of Selectmen to file a Special Act of the Legislature for the purposes of establishing a property tax exemption to be administered in accordance with Mass. Gen. L. ch. 59 for residential or mixed use real estate in the Town which is rented to and occupied by a person(s) of low income who is (are) not related to the owner(s) of the property by blood or marriage. Low-income person is defined in the regulations of the United States Department of Housing and Urban Development (HUD) in effect, for similarly sized households residing in the Town. The amount of exemption shall be determined by the Board of Assessors and shall be proportional to the net floor area of the rental unit(s) occupied by persons of low income divided by the gross floor area of the principal structure(s). In no case may the exemption exceed $2,000.00 per rental unit per fiscal year. No rental unit shall be eligible for such exemption unless it is occupied for an entire fiscal year by a person or persons of low income, conforms to the Zoning By-law, conforms to the health and sanitation code, has a recorded deed restriction such that the unit may be counted as an affordable housing unit for the purposes of Mass. Gen. L. ch. 40B.
The Board of Assessors shall establish rules and regulations to effectuate the purposes of this exemption. The exemption shall be effective for the fiscal year commencing July 1 after passage. Or do or take any other action on his matter. On request of the Board of Selectmen. RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to accept the provisions of Mass. Gen. L. ch. 59 &$167; 5K as amended by ch. 184 52 of the Acts of 2002 which authorizes the Board of Selectmen to establish a program by which not more than thirty-three persons over the age of 60 may receive a tax credit for volunteer services performed on behalf of the Town. In exchange for such volunteer services the Town shall reduce the property tax obligation owed by the volunteer by a maximum amount of $750.00. The tax reduction shall be in addition to any other abatement or exemption. The credit shall not exceed an amount based on the hours volunteered multiplied by the minimum wage rate in effect. Any volunteer receiving this tax liability reduction shall not be considered an employee for the purposes of workers compensation, unemployment insurance or any other applicable provision of the General Laws except that such volunteer shall be considered a public employee for the purposes of the Massachusetts Tort Claims Act, Mass. Gen. L. ch. 258. The reduction in taxes is neither income nor wages and is not reportable as such. The effective date of this program shall be July 1, 2005. Or do or take any other action in this matter. Upon request of the Board of Selectmen. RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the town will vote to authorize the Conservation Commission to grant an easement or lease to the United States of America acting by and through the U.S. Department of the Army, Corps of Engineers, their successors and assigns, to install a ground water extraction well on land under the Commission's jurisdiction off Route 151 in Hatchville and known as the Coonamessett Reservation upon such terms and conditions as the Commission deems appropriate and further, if necessary, to authorize the Board of Selectmen to petition the General Court for special legislation to enable the Conservation Commission to enter into this easement or lease transaction, due to the terms and conditions of a Conservation Restriction on the property and the provisions of Article 97 of the Amendment to the Constitution of the Commonwealth, or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): As Printed

EXPLANATION: The easement proposed will allow the Air Force Center for Environmental Excellence (AFCEE) to continue the remediation efforts to clean up contamination from the MMR/Otis Air Force Base, and if authorized will be subject to conditions already established and approved by the Conservation Commission.

To see if the Town will vote to amend § 180-6 of the Code of Falmouth, Sewer and Septic Systems, to read as follows:

§ 180-6. Connection to sewer required.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, situated within the town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the town, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Article, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet of the street front property line as measured perpendicularly from the street front property line.

Or do or take any other action on this matter. On request of the Department of Public Works.

RECOMMENDATION (Board of Selectmen): As Printed

To see if the Town will vote to amend Chapter 184 of the Town Sign Code By-law as follows:

Section 184-30. Movable, portable or mobile signs

    C. 1. Special events or promotions for 30 days. A business or community service may have one (1) moveable, portable or mobile banner or sign on its premises not to exceed sixteen (16) square feet, not more than two (2) times nor more than a thirty (30) days per calendar year, in addition to other permitted signs. Such signs shall be required to have permits, but permit fees shall be waived.

        2. Special events or promotions for 7 days. A business or community service may have one (1) moveable, portable or mobile banner or sign on its premises not to exceed thirty- two (32) square feet for a period not to exceed 7days, not more than two (2) times per calendar year, in addition to other permitted signs. Bunting, pennants and flags will be permitted during this time period. Balloons and other air filled devices shall not exceed 12" in diameter. A total of three (3) off-premises signs not exceeding six (6) square feet each are permitted. Such signs shall be required to have permits, but permit fees shall be waived.

Or do or take any other action on this matter. On request of the Design Review Committee.

RECOMMENDATION (Board of Selectmen): As printed

To see if the Town will vote to amend Chapter 184 of the Town Sign Code as follows:

§184-37 - Wall and roof signs.

    D. For walls up to 50 feet in length, wall signs and roof signs above such walls, shall have a total area not exceeding one (1.0) square foot for each horizontal foot of the building face parallel to a street line. For walls between 50 feet and 100 feet in length, wall signs and roof signs above such walls, shall have a total area not exceeding five percent (5%) of the wall length over 50 feet times 10 plus 50 square feet. The following chart may be used to calculate the allowable square footage of the signs. Wall and roof signs shall have a maximum area allowed of 75 square feet. The area of window signs shall be deducted per Sect. 184-38B.

Or do or take any other action on this matter. On request of the Design Review Committee.

RECOMMENDATION (Board of Selectmen): As printed

To see if the Town will vote to amend Chapter 184 of the Town Sign Code Bylaw as follows:

Section 184-18. Measurement of sign area.

    D. The area of supporting framework (for example, brackets, posts, etc.) shall not be included in the sign area measurement if such framework is incidental to the display. The area of the supporting framework shall be considered incidental if the total is eight (8) square feet or less. The Design Review Committee shall have the discretion of allowing an additional eight (8) square feet.

Or do or take any other action on this matter. On request of the Design Review Committee.

RECOMMENDATION (Board of Selectmen): As printed.

To see if the town will adopt a Scenic Roads Bylaw under the authority of Chapter 40 Section 15C of the Massachusetts General Laws.

Scenic Roads Bylaw

Section 1: Purpose

    The purpose of the Falmouth Scenic Roads Bylaw is to maintain the rural, natural, historic and scenic character of certain of the town's roadways by requiring prior planning board approval for the removal of significant trees or stone walls within the layout of town roads in conjunction with the repair, reconstruction, or paving of those roads. The bylaw provides that any repair, maintenance, reconstruction or paving work on town roads designated as scenic shall not involve or include the cutting down or removal of significant trees or their roots or the tearing down, or relocation or destruction of stone walls or portions thereof within the road layout without the prior written consent of the Planning Board. Planning Board approval is not necessary for roadway work that does not affect trees or stone walls in the layout.

    The bylaw also establishes the procedure for designating scenic roads.

Section 2: Authority

    Enactment of this bylaw is authorized by the Massachusetts General Laws Chapter 40, Section 15C.

Section 3: Definitions

Cutting or Removal of Trees
Cutting or removal of trees shall mean the removal of one or more significant trees having a diameter of eight inches or more measured four feet above the ground, or roots of more than three inches in diameter where cut.

Repair, Maintenance, Reconstruction, or Paving Work
Excavation, repair, maintenance, reconstruction, or paving work shall mean any work done within the layout by any person or agency, public or private. Construction of new driveways or alteration of existing driveways or roads within the right-of-way is included under this bylaw.

Road
A road is any street that is an accepted town way, or one that has been established by or maintained under county authority. When the boundary of the right-of-way is in issue so that a dispute arises as to whether or not certain trees or stonewalls or portions thereof are within or without the way, the trees or stonewalls shall be presumed to be within the way until the applicant proves the contrary to the satisfaction of the planning board.

Stone Walls
Any structure of natural stones, cut or uncut, that is built in order to enclose, divide or define an area, regardless of its condition.

Significant Trees
Significant trees have a trunk diameter of eight inches or more as measured four feet above the ground.

Section 4: Procedure for Designation of a Scenic Road
    Upon recommendation or request of the Planning Board, Conservation Commission or Historical Commission, Town Meeting may designate scenic roads by a majority vote.

    Criteria to be used in determining which roads or portions of roads are scenic.

1. Ways bordered by trees of exceptional quality.
2. Ways with overarching tree canopy.
3. Ways bordered by stonewalls, historic buildings, agricultural fields, designed landscapes, or other natural or man-made features of aesthetic value.
4. Ways with water views.
5. Age and historic significance of way, trees and stonewalls, width, grade and alignment.
6. Ways bordered by designated Local Historic Districts or National Register Districts.

Section 5: Procedures for Actions Affecting Scenic Roads, Stone Walls or Trees.
    The written approval of the Planning Board is required for any excavation, repair, maintenance, reconstruction or paving work within the layout of Scenic Roads that would involve removing stone walls or significant trees.

5.1 Public Hearing
    The Planning Board shall hold a public hearing within 30 days of receipt of an application and shall give notice as specified in Chapter 40, Section 15C GL. When required, hearings shall be held in conjunction with those held by the Tree Warden acting under MGL Chapter 87, Sec. 3, the Public Shade Tree Act. Copies of the public notice shall be sent to the conservation commission, historical commission, historic district commission, the tree warden, the department of public works, and the owners of property within 100 feet of the proposed action.

5.2 Decision
    The Planning Board shall make a determination with respect to a written request within 21 days after the close of the public hearing. Failure of the Planning Board to make its decision and file it with the Town Clerk within the time allotted shall constitute approval of the written request.

5.3 Public Shade Tree Act
    The consent of the Planning Board to a proposed action shall not be regarded as inferring consent by the tree warden or vice versa. The Planning Board decision shall contain a condition that no work should be done until all applicable provisions of the Public Shade Tree Law, Chapter 87, 5.3 have been complied with.

5.4 Decision Considerations
    In making a decision, the Planning Board shall consider overall effect of the proposed alteration, including the preservation of historic values; scenic quality, public safety, compatibility with surrounding neighborhood and compensatory actions. New plant materials will be determined by the tree warden or planning board which may require that new tree species be chosen for historic value.

5.5 Emergency Work
    In the event that emergency conditions require that work otherwise requiring Planning Board approval must proceed before such approval can be obtained, the work may proceed to the extent which is deemed necessary to protect public health and safety. The work shall be reported in writing, to the Planning Board within 72 hours of the emergency condition.

Section 6: Enforcement
    The building inspector, tree warden or others designated by the town administrator may issue a citation for violations of this bylaw under c 1 & 2 "Non-criminal Disposition" of the Code of Falmouth. Violations of the provisions of this bylaw shall be subject to a fine of $300.

Section 7: Scenic Roads

Boxberry Hill Road	Meadow Neck Road
Carriage Shop Road	Metoxit Road
Chapoquoit Road	Mill Road
Chester Street	Moonakis Road
Davisville Road	Nashawena Street
Dillingham Road	Old Dock Road
Elm Road	Old Main Road
Gardiner Road to Whitman	Old Palmer Road
Garnet Avenue	Quissett Avenue
Geggatt Road	Quissett Harbor Road
Hatchville Road	School Street
Highfield Drive	Sippewissett Road
Katharine Lee Bates Road	Wild Harbor Road (Old Main to Chester)
John Parker Road
Previously identified by Town meeting as part of Falmouth's scenic coastal road along Vineyard Sound:
Church Street	Oyster Pond Road
Clinton Avenue	Robbins Road
Falmouth Heights Road	Scranton Avenue
Grand Avenue	Shore Street
Menauhant Road to the Central Avenue intersection	Surf Drive
Nobska Road	Water Street
	Woods Hole Road from Water to Church Street

Or do or take any other action on this matter. On request of the Historical Commission.

RECOMMENDATION (Board of Selectmen): As printed

EXPLANATION: The Board of Selectmen supports the Historical Commission's effort to preserve the character of our scenic roads.

To see if the Town will authorize special legislation designating the section of Route 28A known as the West and North Falmouth Highways to the Quaker Road intersection as a Scenic Road subject to the provisions of the Scenic Roads Bylaw of the Town of Falmouth.

The proposed legislation would read:
    Notwithstanding the provisions of section 15 C of chapter 40 of the General Laws, state highway Route 28A in Falmouth as it extends from Route 28 to the Quaker Road intersection is hereby designated a scenic road in the commonwealth. It shall be subject to all of the provisions of said section 15 C of said chapter 40 for the purposes of repair, maintenance, reconstruction or paving of said highway. The Falmouth Planning Board is hereby designated as the governmental body whose prior written consent must be obtained in accordance with the provisions of said section 15 C for proposed alterations.

The overall purpose of this scenic road designation is to recognize and where possible preserve the unique historic, rural, and scenic character of the section of Route 28A known as West Falmouth Highway together with a portion of North Falmouth Highway. The local bylaw requires planning board approval for the removal of stone walls and significant trees within the public right of way alongside the road.

Or do or take any other action on this matter. On request of the Historical Commission.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 23 as printed with the following correction: Change Quaker Road to Curley Boulevard.

EXPLANATION: This article allows the Town to ask the Legislature to allow the same regulations on State Highways designated "Scenic Roads" as proposed on town "Scenic Roads."

To see if the Town will vote to transfer a certain parcel of land from the Board of Selectmen to the Conservation Commission, said land is off Ransom Road and bounded and described as follows:

SOUTHWESTERLY	by Ransom Road, by two lines together measuring 711.83 feet;
WESTERLY	by a curved line at the intersection of Ransom Road and Evangeline Road, 61.06 feet;
NORTHERLY and NORTHWESTERLY	by Evangeline Road, by eight lines together measuring 822.01 feet;
NORTHWESTERLY	by Lot 54 as shown on Land Court Plan No. 4794W. 259.84 feet;
EASTERLY	by land shown as Lot 2E on Land Court Plan 4794V, by two lines measuring, respectively, 125.87 feet and 428.20 feet;
SOUTHEASTERLY	by Lot 242 as shown on said firth mentioned Land Court Plan, 296.83 feet;
NORTHEASTERLY	by the same, 151.00 feet;
SOUTHEASTERLY	again by the same, 215.000 feet; and
SOUTHERLY	by the same, 83.28 feet.

Said land was acquired by the Town on or about December 21, 1982 and is described in Certificate of Title No. 90574 at the Land Court of the Barnstable County Registry of Deeds, or do or take any other action on the matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): As printed

EXPLANATION: This article clarifies the deed for this property and asks Town Meeting to designate the parcel under the jurisdiction of the Conservation Commission.

To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN the land with buildings thereon located on Town Hall Square in Falmouth, Barnstable County, Massachusetts, more commonly known as the Odd Fellows Hall, and being described as Lot 5 on Land Court plan 17377-C on Certificate of title No. 20396, said land to be under the jurisdiction of the Board of Selectmen, and further, to appropriate the sum of $331,650 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 the acquisition, and to determine how the same shall 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 therefor, and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the town will vote to authorize the Board of Selectmen to let or lease for a term of more then ten (10) years the building known as Lawrence Academy on Academy Lane, upon such terms and conditions as the Selectmen determine appropriate. Or do or take other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): As printed

To see if the town will vote to authorize the Board of Selectmen to let or lease for a period of more than ten (10) years rights to erect cellular telecommunications equipment on the town's water towers at Falmouth Technology Park and Hayway Road upon such terms and conditions as the Selectmen determine appropriate. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): As printed

EXPLANATION: This article will allow the Town to enter into a lease agreement in excess of ten years for telecommunication equipment on Town property. The Board of Selectmen has identified elevated water storage tanks on Hayway Road and in Falmouth Technology Park as potential locations and is developing proposals for that purpose.

To see if the Town will authorize the Board of Selectmen:

1. To establish and maintain a liability claims and insurance fund from which may be paid claims against the Town for injury or loss of property or personnel injury or death for which the Town is liable and from which fund may be paid the premiums for any liability insurance deemed necessary as part of an overall program of self insurance. For the purposes of this paragraph the maximum amount that may be appropriated in any one year is 1/20 of one percent of the Town's equalized property valuation.
   
   
2. To establish and maintain a municipal buildings and property insurance fund from which any municipal building or other municipal property damaged or destroyed by fire, lightening, vandalism, burglary, theft or otherwise may be repaired, rebuilt or replaced and from which fund may be paid the premiums for any insurance deemed necessary as part of an overall program of self insurance. For the purposes of this paragraph the maximum amount that may be appropriated in any one year is 1/20 of one percent of the Town's equalized property valuation.
   
   
3. To establish and maintain a workers compensation reserve fund from which may be paid claims for workers compensation pursuant to Mass. Gen L. ch. 152 and Mass. Gen. L. ch. 40 §13A and § 13C for which the Town is liable and from which reserve fund may be paid the premiums for any workers compensation insurance deemed necessary as part of an overall program of self insurance. For the purposes of this paragraph the maximum amount that may be appropriated in any one year is 1/20 of one percent of the Town's equalized property valuation.
   
   
4. To make the Treasurer the custodian and administrator of these funds. The Treasurer may deposit or invest these in such manner as may be lawful under the General Laws for the investment of municipal trust funds. Any interest or dividends derived shall be deposited into the respective funds. Any amount in the respective funds which is not paid out by the Treasurer shall remain in the fund and carried forward from fiscal year to fiscal year.
   
   
5. To file a Special Act of the Legislature for authority to establish any of these funds not permitted by the General Laws or Home Rule Amendment.

Or do or take any other action in this matter. This article is on request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote Article 28 as printed with the following:

Paragraph 1 Line 2 change personnel injury to personal injury.

To see if the town will vote to update the Goals & Policies of the Local Comprehensive Plan dated April 1998. Or do or take any other action on this matter. On request of the Local Planning Committee.

RECOMMENDATION (Board of Selectmen): As printed

To see if the Town will vote to appropriate a sum of money to fund the Fiscal Year 2005 Capital Budget and to determine how the same shall be raised and by whom expended. On request of the Board of Selectmen.

To see if the Town will vote to appropriate $575,000 for the removal and disposal of sludge from the wastewater aeration lagoons at the Town's Wastewater Treatment Facility and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Department of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote to expend $575,000 from the Sewer Aeration System Project Account for the purposes of Article 31 to be expended under the jurisdiction of the Department of Public Works.

To see if the Town will vote to appropriate the sum of $575,000 for the preparation of a Comprehensive Wastewater and Nutrient Management Plan and associated environmental review documents for East Falmouth Watersheds, and for the purposes of a hydrogeologic study of potential treated wastewater discharge sites and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Department of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote to expend $575,000 from the Nutrient Management Fund provided by the U. S. Air Force Center for Environmental Excellence for the purposes of Article 32 to be expended under the jurisdiction of the Department of Public Works.

To see if the Town will vote to appropriate $40,000 for the replacement of the roof on the Operations Building at the Town's Wastewater Treatment Facility. 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 expend $40,000 from the Sewer Aeration System Project Account for the purposes of Article 33 to be expended under the jurisdiction of the Department of Public Works.

To see if the Town will vote to appropriate $753,750 for the purpose of funding the design and permitting of a new source permit and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Department of Public Works.

RECOMMENDATION (Finance Committee): That the Town vote to authorize the Town Treasurer, with the approval of the Board of Selectmen, to borrow the sum of $753,750 under the provisions of G.L. ch.,44 8 (3a) 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: The town's share of $750,000, combined with $415,000 from the federal government, allows the town to proceed with identification and permitting of new water sources totaling 5 MGD in the northeast quadrant of town. Once the sites are confirmed, the federal government will pay 100% of the estimated $17.5 million dollars to construct wells and treatment plants. These sources will satisfy the town's water needs for build-out and beyond.

To see if the Town will vote to appropriate $16,000 for the purposes of conducting a survey of the land on Carriage Shop Road shown on Assessors Map 21, Section 09, Parcel 002, Lot 001 which was purchased by the Town in Article 5 of the April 2004 Special Town Meeting and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $16,000 from the Land Bank Fund to be expended under the jurisdiction of the Board of Selectmen for the purposes of Article 35.

EXPLANATION: When the Town voted to purchase this property a survey had not been done to delineate the portion that was to be used for municipal purposes. Such delineation will protect the intended use of the property. The Barnstable County Registry of Deeds has requested this survey be done promptly.

To see if the Town will vote to appropriate $30,000 for the purposes of conducting an organization study of the Department of Public Works and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to amend the Town's Position Classification Plan as follows:

	Add:	Chief Wastewater Plant Operator	Gr. 14
	Delete:	Chief Wastewater Plant Operator	Gr. M-07

Effective 11/14/04. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote Article 37 as printed.

To see if the Town will vote to amend the Town's Position Classification Plan as follows:

	Add:	Wastewater Plant Operator	Gr. 09
	Delete:	Wastewater Plant Operator	Gr. 08

Effective 11/14/04. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote Article 38 as printed.

To see if the Town will vote to amend the Town's Position Classification Plan as follows:

RECOMMENDATION (Finance Committee): That the Town vote Article 39 as printed.

To see if the Town will vote to amend the Town's Position Classification Plan as follows:

RECOMMENDATION (Finance Committee): That the Town vote Article 40 as printed.

To see if the Town will vote to raise and appropriate the sum of $1,019 for the purpose of amending the Town's Position Classification Plan as follows:

RECOMMENDATION (Finance Committee): That the Town vote to transfer $1,019 from Certified Free Cash to be expended under the jurisdiction of the Public Works Director for the purposes of Article 41.

To see if the Town will vote to raise and appropriate the sum of $457. for the purpose of amending the Town's Position Classification Plan as follows:

	Add:	Superintendent of Highways	Gr. M-9
	Delete:	Superintendent of Highways	Gr. M-8

Effective 7/4/04. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $457 from Certified Free Cash to be expended under the jurisdiction of the Public Work Director for the purposes of Article 42.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $457 from Certified Free Cash to be expended under the jurisdiction of the Public Work Director for the purposes of Article 43.

To see if the Town will vote to raise and appropriate the sum of $2,076. for the purpose of amending the Town's Position Classification Plan as follows:

RECOMMENDATION (Finance Committee): That the Town vote to transfer $2,076 from Certified Free Cash to be expended under the jurisdiction of the Town Administrator for the purposes of Article 44.

To see if the Town will vote to raise and appropriate the sum of $265. for the purpose of amending the Town's Position Classification Plan as follows:

RECOMMENDATION (Finance Committee): That the Town vote to transfer $265 from Certified Free Cash to be expended under the jurisdiction of the Town Administrator for the purposes of Article 45.

To see if the Town will vote to amend the Town's Position Classification Plan as follows:

RECOMMENDATION (Finance Committee): That the Town vote Article 46 as printed.

To see if the Town will vote to raise and appropriate the sum of $339. for the purpose of amending the Town's Position Classification Plan as follows:

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to raise and appropriate the sum of $495. for the purpose of amending the Town's Position Classification Plan as follows:

RECOMMENDATION (Finance Committee): That the Town vote to transfer $495 from Certified Free Cash to be expended under the jurisdiction of the Town Administrator for the purposes of Article 48.

To see if the town will vote to amend the Town's Position Classification Plan as follows:

RECOMMENDATION (Finance Committee): That the Town vote Article 49 as printed.

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 the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the American Federation of State, County and Municipal Employees (AFSCME), 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 Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

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 the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the Laborers' International Union of North America (DPW) 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 Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

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 the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the Laborers' International Union of North America (Falmouth Public Library) 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 Administrator. RECOMMENDATION (Finance Committee): Indefinite Postponement.

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 the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and International Association of Firefighters, Local 1397 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 Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

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 the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the Falmouth Police Federation 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 Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

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 the provisions for the contract period commencing July 1, 2004, as agreed to by the Town of Falmouth and the Falmouth Police Superior Officers' Association 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 Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

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 to all non-aligned and Technical/Administrative and Management employees in permanent positions covered by the Plan for the period commencing July 1, 2004, 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 Administrator. RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the town will vote to appropriate $75,000 for the Worker's Compensation Trust Fund and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): That the town vote to transfer $75,000 from Certified Free Cash to be expended under the jurisdiction of the Town Administrator for the purposes of Article 57.

To see if the Town will vote to appropriate $65,620 from the Parking Meter Fund for the purchase of parking meters and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Police Chief.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $65,620 from the Parking Meter Fund for the purposes of Article 58 to expended under the jurisdiction of the Police Chief.

To see if the Town will vote to transfer twenty thousand dollars ($20,000.00) from the Reserve/Waterways Appropriation Fund for the purpose of replacing two electrical transformers at the Town Marina and to determine under whose jurisdiction the same shall be expended. Or do or take any other action on this matter. On request of the Waterways Committee.

RECOMMENDATION (Finance Committee): That the Town vote Article 59 as printed to be expended under the jurisdiction of the Harbor Master.

To see if the Town will vote to transfer three thousand five hundred dollars ($3,500.00) from the Reserve/Waterways Appropriation Fund for the purpose of constructing a new dolphin piling set up with navigation light on the west jetty of Waquoit Bay and to determine under whose jurisdiction the same shall be expended. Or do or take any other action on this matter. On request of the Harbormaster.

RECOMMENDATION (Finance Committee): That the Town vote Article 59 as printed to be expended under the jurisdiction of the Harbor Master.

To see if the Town will vote to appropriate $20,000 for the repair and paving of Morse Pond Road and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $20,000 from Certified Free Cash to be expended under the jurisdiction of the Director of Public Works for the purposes of Article 61.

EXPLANATION: Morse Pond Road is an access/egress allowing the Police Department to reach the north and west sectors of town with a minimum of difficulty. The congestion on Main Street presents a barrier to quick, safe response. We have been using this private roadway since 1969 with the permission of the owners. Conditions have deteriorated to the point of causing damage to police vehicles.

To see if the Town will vote to accept the doings of the Selectmen in the laying out of the following listed roads according to a plan on file with the Town Clerk for taking as a public way:

Under Chapter 80 of the Massachusetts General Laws, the cost will be recovered by 100% betterment assessments to the land that receives the benefit. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): As printed

EXPLANATION: This continues the 100% Betterment Program allowing private road improvements.

To see if the Town will vote to accept the doings of the Selectmen in the laying out of the following listed roads according to a plan on file with the Town Clerk for taking as a public way:

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

RECOMMENDATION (Board of Selectmen): As printed with the following change:

Crowell Pond Lane       1,090'

EXPLANATION: These are new subdivision roads approved for Taking by the Board of Selectmen.

To see if the Town will vote to appropriate $17,676 for the purpose of funding unanticipated costs related to Phases One and Two of the Poor House renovation and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

To see if the Town will vote to appropriate $15,000 for the purpose of funding additional contractual services in the Zoning Board of Appeals Office and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the 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 65.

To see if the town will vote to transfer the sum of $10,853 from Interest on Short Term Unexcluded Debt Budget #01756-59925 to Principal on Long Term Massachusetts Water Pollution Abatement Trust (M-WPAT) Debt Budget #01754-59909, to determine under whose jurisdiction the same shall be expended or do or taken any other action on this matter. On request of the Town Treasurer.

RECOMMENDATION (Finance Committee): That the Town vote article 66 as printed to be expended under the jurisdiction of the Town Treasurer.

To see if the Town will vote to transfer $1,000 from the Historic District Commission Purchase of Services to Historic District Commission Personal Services. Or do or take any other action on this matter. On request of the Historic District Commission.

RECOMMENDATION (Finance Committee): That the Town vote to transfer

$650 from Line 0169152340 - Printing
$240 from Line 01691-52341 - Telephone
$110 from Line 01691-52342 - Postage

to a new line item 01691-52319 - Prof/Tech - clerical services*

Said funds to be expended under the jurisdiction of the Historic District Commission

The John Parker/Old Barnstable Neighborhood Association asks the Town Meeting members to support the continued use of commercial cranberry growing on what is now known as the Lower Bogs of the Coonamessett River. Furthermore, to comply with the spirit of the Coonamessett River Restoration Working Group Plan, we feel that keeping commercial cranberry growing on the west side of the river and promoting a wetland on the east side (moving the river if practical and legal) would satisfy most of the citizens of Falmouth, as well as, the people who live in the area.

On request of David A Smith and others.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement

To see if the Town will provide funding for any or all of the purposes voted for in the foregoing articles by transfer from available funds, by borrowing or by any combination of the foregoing. Or do or take any other action on this matter. On request of the Finance Committee and the Board of Selectmen.
October 26, 2004