Falmouth, Massachusetts
Spring 2004 Town Meeting
Monday, April 11, 2005

GTM 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.

GTM Article 2:

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

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

GTM 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.

GTM 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 on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to 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 including anticipated future costs to the Town. Further, the Board of Selectmen shall advise the Finance Committee of such anticipated costs prior to the public hearing.

EXPLANATION: The Finance Committee is concerned about equipment that is obtained through grants, which costs nothing at the outset, but eventually costs the taxpayers money in future years. These anticipated costs should be projected at the time the grants are accepted by the Board of Selectmen in order to forecast needs that will be included in the budgets.

GTM 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, harbors, 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 therefore to the Commonwealth. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote Article 5 as printed.

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

GTM 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 and, further, to raise and appropriate $3,774 to fund the included step increase for the Town Clerk, said funds to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: The Finance Committee reviewed the salaries of elected officials and recommended additional funding for the Town Clerk to keep the pay scale equivalent to those of like positions.

GTM Article 7:

To see if the Town will vote 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 $7,000 for the purpose of the article. Or do or take any other action on 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.

GTM 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 on 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.

GTM 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 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 $400,000 for Fiscal Year 2005.

GTM 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 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 Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $15,000 for the purposes of Article 10 to be expended under the jurisdiction of the Board of Selectmen.

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

GTM Article 11:

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 in the matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

GTM Article 12:

To see if the Town will vote to appropriate a sum of money to be 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 in the matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

GTM Article 13:

To see if the Town will vote to appropriate a sum of money to be 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 in the matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

GTM Article 14:

To see if the Town will vote to appropriate a sum of money to be 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 in the matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

GTM Article 15:

To see if the Town will vote to appropriate a sum of money to be 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 in the matter. On request of the Town Administrator.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: No agreement has been reached.

GTM Article 16:

To see if the Town will vote to amend the Town’s Position Classification Plan for the Fire Rescue Dept. as follows:

Delete: (46) Firefighters

Add: (48) Firefighters or Firefighters/Paramedics

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

RECOMMENDATION (Finance Committee): That the Town vote Article 16 as printed.

EXPLANATION: This addition of two firefighters continues the program to increase the manpower of the Fire Department in order to eliminate one man staffing in outlying stations. The funding for these positions is included in the budget. The current salary range of a firefighter position is $17.81 to $21.14 per hour.

GTM Article 17:

To see if the Town will vote to appropriate the sum of $16,065 for the purpose of creating and funding the following new position in the Town’s Position Classification Plan for the Veterans’ Services Dept. as follows:

Add: (1) Veterans Administrative Assistant (19 hrs) Gr. 08

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 raise and appropriate $16,065 for the purposes of Article 17 to be expended under the jurisdiction of the Veteran’s Administrator.

EXPLANATION: This is a busy office and the workload has increased and will continue to do so.

The current salary range of a Grade 8 (AFSCME) is $15.63 to $19.78.

GTM Article 18:

To see if the Town will vote to appropriate the sum of $70,514.00 for the purpose of creating and funding the following new positions in the Town’s Position Classification Plan for the Water Utilities Dept. as follows:

Delete: (1) Water Plant Operator-Water Utilities Dept. Gr. 08

Add: (3) Water Plant Operators-Water Utilities Dept. Gr. 08

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 raise and appropriate $70,514 for the purposes of Article 18 to be expended under the jurisdiction of the Water Utilities Manager.

EXPLANATION: The Department of Environmental Protection upgraded the Town’s water system classification to that of a T-3 system (T-4 is the highest classification possible) due to the current size and complexity of the system. . The new positions and upgrades in Articles 18, 19, 20, 21, 22 and 23 are necessary based on the increased licensing, staffing and technical requirements.

Current salary range Grade 8 (D.P.W.) $15.66 - $20.01.

GTM Article 19:

To see if the Town will vote to appropriate the sum of $42,703.00 for the purpose of creating and funding the following new position in the Town’s Position Classification Plan for the Water Utilities Dept. as follows:

Add: (1) Assistant Chief Water Treatment Plant Operator Gr. 12

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 raise and appropriate $42,703 for the purposes of Article 19 to be expended under the jurisdiction of the Water Utilities Manager.

EXPLANATION: Please see Article 18.

Current salary Grade 12 (D.P.W) $20.53 - $26.17.

GTM Article 20:

To see if the Town will vote to appropriate the sum of $2,844.00 for the purpose of reclassifying and funding the following position in the Town’s Position Classification Plan for the Water Utilities Dept.:

Delete: (3) Water Plant Operators Gr. 08

Add: (3) Water Plant Operators Gr. 09

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 Water Utilities Manager.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $$2,844 for the purposes of Article 20 to be expended under the jurisdiction of the Water Utilities Manager.

EXPLANATION: Please see Article 18.

Current salary Grade 8 (D.P.W.) $15.66 - $20.01 Grade 9 (D.P.W.) $16.76 $21.38.

GTM Article 21:

To see if the Town will vote to appropriate the sum of $4,134.00 for the purpose of reclassifying and funding the following position in the Town’s Position Classification Plan for the Water Utilities Dept.:

Delete: (1) Chief Water Plant Operator Gr. 11

Add: (1) Chief Water Plant Operator Gr. 14

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 Water Utilities Manager.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $4,134 for the purposes of Article 21 to be expended under the jurisdiction of the Water Utilities Manager.

EXPLANATION: Please see Article 18.

Current salary Grade 11 (D.P.W.) $19.19 - $24.47 Grade 14 (D.P.W.) $23.51 - $29.96

GTM Article 22:

To see if the Town will vote to appropriate the sum of $630.00 for the purpose of reclassifying and funding the following position in the Town’s Position Classification Plan for the Water Utilities Dept.:

Delete: (1) Utilities Supervisor-Water Gr. 13

Add: (1) Water Utilities Supervisor Gr. 15

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 Water Utilities Manager.

RECOMMENDATION (Finance Committee): That the Town vote to raise and appropriate $630 for the purposes of Article 22 to be expended under the jurisdiction of the Water Superintendent.

EXPLANATION: Please see Article 18.

Current salary Grade 13 (D.P.W.) $21.97 -$$28.00 Grade 15 (D.P.W.) $25.15 - $31.83

GTM Article 23:

To see if the Town will vote to appropriate the sum of $485.00 for the purpose of reclassifying and funding the following position in the Town’s Position Classification Plan for the Water Utilities Dept.:

Delete: (1) Assistant Supervisor, Water Gr. 10

Add: (1) Assistant Water Utilities Supervisor Gr. 12

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 raise and appropriate $630 for the purposes of Article 23 to be expended under the jurisdiction of the Water Utilities Manager

EXPLANATION: Please see Article 18.

Current salary Grade 10 (D.P.W.) $17.93 - $22.88 Grade 12 (D.P.W.) $20.53 - $26.17

GTM Article 24:

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 on this matter. On request of the Board of Selectmen.

The Fiscal Year 2006 Budget will be found in the center section of the Warrant Booklet.

GTM Article 25:

To see if the town will vote to amend section 240-240.H of the Zoning Bylaw by inserting the words “Minimum Frontage 100 feet”.

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

Recommendation (Planning Board): That the Town vote Article 25 as printed in the warrant.

Explanation: The frontage requirement for the Business Redevelopment District was omitted from the Fall 2004 article; this article inserts the necessary dimensional requirements.

GTM Article 26:

To see if the town will vote to amend Article II – Building Permit Limitation – of the Zoning Bylaw by :

deleting the words “May 1, 2005” from Section 240-10 and inserting in its place the words “ May 1, 2008” 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, 2008, which ever occurs first. ”

and by inserting the following “ 240-8.A.(7) Rental units part of an affordable housing development approved under the Falmouth Zoning Bylaw – not c. 40B GL – as ‘planned production’ units pursuant to 760 CMR 31.07 (1)(i) that count towards the town’s affordable housing inventory.”

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

RECOMMENDATION (Planning Board): That the Town vote Article 26 as printed in the warrant.

Explanation: This Article extends the termination date of the Building Permit Limitation bylaw from May 2005 to May 2008. The second part exempts rental units that are part of an affordable housing development, including the market rate units, that are approved under local zoning, not Chapter 40B, as “planned production” units. Planned production units including the market rate units, count towards the town’s c.40 B inventory, even though the units are approved under the local zoning bylaw and conform in all respects to local zoning. Planned production units should be encouraged over 40B developments.

GTM Article 27:

To see if the town will vote to amend the Official Zoning Map to rezone properties located on Nathan Ellis Highway (Route 151) zoned Agriculture AA to Light Industrial A shown on Assessor’s Map:

Or do or take any other action on this matter. On behalf of Donald A. Delinks and others.

RECOMMENDATION (Planning Board): . The Planning Board recommends Indefinite Postponement for the following parcels:

EXPLANATION: The Planning Board recommends against rezoning the parcels to the south of Nathan Ellis Highway identified above. At the hearing for this article the petitioner, CLVS indicated it had no specific plans for the property and is only speculating as to a potential future use. This is not a good reason to rezone any property. More importantly, the town of Falmouth has the right of first refusal to purchase this property. It would be fiscally irresponsible to rezone this property - and quadruple its value – until such time as the town determines it is no longer interested in exercising its purchasing rights.

The Planning Board will make a recommendation on town meeting floor regarding the parcels owned by Nathan Ellis Highway LLC: 06-03-008-010; 06-03-008E-000 and Donald A. Delinks: 06-03-008A-012, which are located to the north of Nathan Ellis Highway, as deliberations were still ongoing when the warrant booklet was sent to the publisher.

GTM Article 28:

To see if the town will vote to amend the Official Zoning Map to rezone the rear portion of the property located at 614 Main Street, Falmouth, MA, zoned Residential C to Business Redevelopment District shown on Assessor’s Map 47B, Section 03, Parcel 12, Lot 001.

Or do or take any other action on this matter. On request of Amancio Correia and others.

Recommendation (Planning Board): That the Town vote Article 28 as printed in the warrant.

Explanation: Currently, Mr. Correia’s property on Main Street is bisected by two zoning districts (see map). Extending the zoning line to the north will allow Mr. Correia to have his entire site in a business district, and would allow him to move forward on a multi-family housing project that has been submitted to the Planning Board. The Planning Board has a written agreement from Mr. Correia stating that the use of the property will be limited to fifteen residential units.

GTM Article 29:

To see if the Town will vote to raise and appropriate the sum of Six Million Six Hundred Fifty Thousand Dollars ($6,650,000) for the purpose of replacement of water mains in the Town 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 Water Superintendent.

RECOMMENDATION (Finance Committee): That the Town vote the sum of $6,650,000 to be appropriated for the purpose of installing water mains and that to raise this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow under and pursuant to Chapter 44, Section 8 (5) and (6) of the General Laws, or any other enabling authority and to issue bonds or notes of the Town therefor.

EXPLANATION: This will allow for upgrading the Town’s water transmission system and will be funded through future water rates. Main replacements include, but are not limited to, Old Dock Road (2,300’ of 12”); North Falmouth Highway (12,700’ of 12” and 16”); Palmer Avenue intersection, and a portion of Woods Hole Road at Oyster Pond Road. These mains are old (1899 and early 1900’s) or undersized and replacement is necessary to improve water quality and flow.

GTM Article 30:

To see if the Town will vote to authorize the Board of Selectmen to purchase or take by eminent domain an easement over a certain ancient way or wood road running in a generally westerly direction from Sam Turner Road in Hatchville to the Town’s Crooked Pond well site located off Sam Turner Road, together with a right to pass and repass over said road and to make necessary improvements in said road for purposes of access to the Crooked Pond well site, including the right to install water transmission mains and public utilities, and further to appropriate a sum of money 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 30 as printed.

EXPLANATION: This easement is needed to lay water mains to connect the Coonamessett Well and the Crooked Pond Treatment Facility.

GTM Article 31:

To see if the Town will vote to authorize the Board of Selectmen to transfer a parcel of land situated on Sam Turner Road, Parcel 11, Section 02, Parcel 004A, Lot 000 for nominal, non-monetary consideration to Habitat for Humanity of Cape Cod, Inc. for the construction on such land of housing units for sale to persons of low or very low income within the meaning of the Housing Act of 1937, subject to existing zoning restrictions and building and health code and subject to such terms and conditions as the Board of Selectmen deem appropriate such sale to be made subject to a deed restriction in substantially the following form for a period of 20 years from the date of the first transfer by the Town pursuant to this Article:

1. Whenever the owner shall desire to sell or otherwise transfer ownership or possession of the premises, the owner shall send a written Notice to the Town of Falmouth (the Town) setting forth in detail the terms on which the owner desires to sell or transfer the premises. The notice shall set forth the aggregate present value or all consideration and payments to be paid by the transferee for the premises (the “Selling Price”). The Town shall have the right within ninety days after receipt of such notice to buy, or designate a buyer for the premises at the Selling Price, less the Land Value, which shall be the assessed value of the Land for real estate tax purposes at the time of such sale or other transfer. If the Town chooses not to buy, or designate a buyer for the premises it shall grant a release in writing allowing the owner to transfer the premises free of the restrictions set forth in this paragraph.

2. Upon the sale or other transfer of ownership or possession of the premises within twenty years after the date of this deed other than to the Town pursuant to Paragraph 1 above the owner shall pay the Town the Land Value.

The Board of Selectmen is authorized to make use of other agencies and instrumentalities of the Town, including but not limited to the Falmouth Housing Authority, to effect the transfer of such land in accordance with this Article. This Article was previously voted upon as Article 14 of the April 2003 Special Town Meeting and passed by a two-thirds majority subject to the conditions that the land be combined with other abutting land. Now the sponsor seeks authorization to use the land without its combination with other abutting land. Or do or take any other actions in this matter. On request of the Habitat for Humanity, Inc.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 31 as printed with the following changes:

1. Delete the words “to Habitat for Humanity of Cape Cod, Inc.” in line 3

2. Delete the words “for a period of 20 years” and replace with “in perpetuity” in line 8

3. Delete the sentence beginning with the words “Now the sponsor…”

EXPLANATION: This article allows the property on Sam Turner Road to support more than one unit of affordable housing.

GTM Article 32:

To see if the Town will vote to adopt the following by-law relative to the Community Preservation Act established by ch. 149 of the Acts of 2004 and accepted by the Town as Article 13 at the November 8, 2004 Annual Town Meeting, or do or take any other action on this matter. On request of the Board of Selectmen.

The text of the proposed by-law is as follows:

Community Preservation Committee By-law:

1. Membership of the Committee. There is hereby established a Community Preservation Committee, consisting of nine voting members pursuant to the provisions of the so-called Modified Community Preservation Act (Chapter 149 sec. 298 of the Acts of 2004 – “the Act”). The composition of the committee, the appointing authority and term of office for the committee members shall be as follows: one member of the Conservation Commission as designated by said Commission; one member of the Historical Commission as designated by said Commission; one member of the Planning Board as designated by said Board; one member of the Recreation Committee, as designated by said Committee; one member of the Housing Authority as designated by said Authority and four members appointed by the Board of Selectmen. Each member of a board or committee shall serve for a term of three years or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier. Each individual member shall serve for a term of three years. Should any of the officers and commissions, boards, or committees who have appointing authority under this by-law be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place. Any member of the Committee may be removed in accordance with Section C7-2G of the Falmouth Home Rule Charter and the vacancy filled in accordance with this by-law.

Before the initial meeting of the Committee the Board of Selectmen shall designate three members of the Committee to serve an initial one year term, three members to serve an initial two year term and three members to serve an initial three year term. Thereafter all terms shall be for a full three year period.

2. The community preservation committee shall study the needs, possibilities and resources of the town regarding community preservation. The committee shall consult with existing municipal boards, the department of public works, and the housing authority, or person acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one annual public informational hearing, or more at its discretion, on the needs, possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the town.

3. The community preservation committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreation use and community housing that is acquired or created as provided in this section. With respect to community housing, the community preservation committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.

4. The community preservation committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation and provisions of this by-law, but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.

5. In every fiscal year, the community preservation committee shall recommend, subject to compliance with sections 1(g) and 1(h) of the Act, an amount not to exceed five (5%) percent of annual revenues be set aside for committee expenses and, as to the remaining annual revenues in the Community Preservation Fund, that the legislative body spend, or set aside for later spending

a) an amount necessary to cover the debt service on debt incurred pursuant to the Cape Cod Open Space Land Acquisition Program, if any;

b) at least ten 10% for open space (excluding recreational use) provided however that any amounts appropriated under clause a) above qualify toward meeting this ten (10%) requirement;

c) at least ten (10%) percent for historic resources; and

d) at least ten (10%) percent for affordable housing.

In the event the funds necessary to cover the debt service in clause a) above exceeds eighty (80%) percent of annual revenue then in that fiscal year the spending requirements for historic resources (clause c) and affordable housing (clause d) shall be met by appropriating or reserving one half of the remaining revenues for each of those purposes.

6. Requirement for a quorum and cost estimates. The community preservation committee shall comply with the provisions of the Open Meeting Law, G.L. c. 39, §23B. The committee shall not meet or conduct business without the presence of a majority of the members of the community preservation committee. The community preservation committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include the committee’s anticipated costs.

7. Severability. In case any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.

8. When Effective. Provided that the Community Preservation Act, (Chapter 149 sec. 298 of 2004), is accepted at the 2005 Town election, this section shall take effect upon approval by the Attorney General of the Commonwealth and after all requirements of MGL. C. 40, section 32 have been met. Each appointing authority shall have thirty (30) days after the effective date to make its appointments.

9. Annual Report. The community preservation committee shall make a report to the town on an annual basis for inclusion in the town’s annual report.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 32 as printed.

EXPLANATION: The Board of Selectmen has thoroughly reviewed this bylaw and recommends its adoption.

GTM Article 33:

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

STREET LENGTH

Fox Lane 2,780'

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): That the Town vote Article 33 as printed.

EXPLANATION: This article cures an administrative defect required to record the taking and betterment approved at the November 2004 Annual Town Meeting.

GTM Article 34:

To see if the Town will vote to authorize the Board of Trustees of the Falmouth Public Library and/or the Board of Selectmen to apply for any state grants available to defray the costs of construction and equipping the renovation and addition to the Falmouth Public Library main building and to authorize them to accept and expend any such funds when received without further appropriation, or do or take any other action on this matter. On request of the Board of Library Trustees.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 34 as printed.

EXPLANATION: Approval of this article by Town Meeting is required to participate in the Massachusetts Public Library Construction Program.

GTM Article 35:

To see if the Town will vote to authorize the Board of Selectmen to establish and charge an Agricultural Commission to represent the Town of Falmouth’s agricultural community and interests.

The Selectmen and said Commission, once appointed, shall develop a work plan to guide its activities. Such activities shall include, but not be limited to, the following: serve as facilitators for encouraging the pursuit of agriculture in Falmouth; promote agricultural-based economic opportunities for the Town; act as mediators, advocates, educators, and/or negotiators in an advisory capacity on farming issues for established Town Committees and Departments; work for the preservation of agricultural lands owned by the Town; and pursue all initiatives appropriate to creating a sustainable agricultural community.

For the purposes of this article, agriculture is defined to include fresh water and marine aquaculture and the keeping and boarding of horses or livestock for personal or commercial purposes.

The Commission shall consist of seven members appointed by the Board of Selectmen. The terms shall stagger on three-year intervals with the initial terms being; three members for three years, two members for two years, two members for one year, and three years thereafter.

Whereas; the Town currently owns substantial agricultural land;

Whereas; current Town Committees are faced with agricultural issues,

Whereas; Town Department heads are faced with agricultural sensitive decisions;

The creation of an Agricultural Commission will aid Committees and Departments along with the agricultural community to preserve, revitalize, and sustain farming as a vital part of the future of the Town of Falmouth, and to fully act thereon. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 35 as printed.

EXPLANATION: The Board of Selectmen support an Agricultural Commission to provide our community agricultural interests with a forum to work collaboratively to promote and enhance local farms and agricultural activities.

GTM Article 36:

To see if the town will vote to update the Goals and Policies for the Local Comprehensive Plan (LCP) dated January 18, 2005. Or do or take any other action on this matter. On request of the Local Planning Committee.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 36 as printed.

EXPLANATION: The work of the Local Comprehensive Planning Committee culminates the required five-year review. The LCP is a valuable guidance document that continues to develop as the town implements its recommended actions. The Board of Selectmen commends the LCP Committee for its effort.

GTM Article 37:

To see if the Town will vote to appropriate the sum of Three Hundred Thousand Dollars ($300,000) for the purpose of funding the survey, the engineering design and the permitting costs for completion of the Shining Sea Bikeway Extension Phase III and to determine how to raise this appropriation and by expended for this purpose, provided, however, that no money shall be expended for this purpose unless and until the Town shall have voted at the next town election to be allowed to assess an additional sum in real estate and personal property taxes for the purposes of this article for the Fiscal Year beginning July 1, 2005. Or do or take any other action on this matter. On request of Patricia P. Johnson and others.

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

EXPLANATION: The Finance Committee intends to make a positive recommendation on Town Meeting floor and is waiting for possible alternate funding options. In 1998, Town Meeting voted to proceed to extend the Shining Sea Bikeway to North Falmouth. In 2004, the Commonwealth granted the Town a 99-year lease on the railroad property. Design costs and permitting are the responsibility of the Town. This Article will provide the funds for the completion of the design including presentation to the Conservation Commission and a public hearing when the design is 25% completed. The extension of the Bikepath is a desirable addition to the Town’s recreational sources and we should move forward to achieve it.

GTM Article 38:

To see if the town will vote to direct the Board of Selectmen to discontinue or otherwise release and divest its interests in and to the land or rights in and over.

MANCHESTER AVENUE, between Forest Avenue and Walden Avenue in Falmouth Heights.

CENTRAL PARK AVENUE, between Forest Avenue and Walden Avenue in Falmouth Heights.

Or take and do any other action relative thereto. On request of Vincent O. Kiernan and others.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: Central Park Avenue, one of the roads proposed for discontinuance, abuts the public park and field. If the Town gives up its rights to the land under these roads, it may have an effect on the use of the park and field.

GTM Article 39:

We the undersigned request the Selectmen for the Town of Falmouth appropriate the sum of $4,000 for use by the Peterson Farm Management Team for construction of two sheds on the Peterson Farm Conservation Land. These sheds will be used to secure equipment and provide shelter for livestock. On request of Edward Hobart and others.

RECOMMENDATION (Finance Committee): Indefinite Postponement.

EXPLANATION: This request should be placed in the Capital Program for consideration at a future Town Meeting. Several requests from departments were not placed on this warrant for the same reason. At this time the Certified Free Cash is very low and the Finance Committee recommended its use only in cases where the request needed to be addressed immediately.

GTM Article 40:

To see if the Town will vote to ban the construction of any new underground irrigation systems (sprinklers) and require that all existing systems not be updated or repaired. On request of Daniel Shearer and others.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: The scope of the article as drafted is too broad. Irrigation systems for commercial activities could provide advantages for water management and this article would ban all irrigation systems.

GTM Article 41:

To see if the Town will vote to require that the Collector of Taxes print, on each Real Estate tax bill, beginning with the 2006 tax bills, the dollar amount included due to each Two and a Half Percent Override, Debt Exclusion, and Capital Expense Exclusion, as is now done with land bank assessment. On request of Daniel Shearer and others.

RECOMMENDATION (Board of Selectmen): Indefinite Postponement.

EXPLANATION: The Town is limited to what it may print on a tax bill.

GTM Article 42:

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 on 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.

End of General Town Meeting Articles

Each of the 28 articles of the Special Town Meeting is headed with STM to distinguish them from the Articles of the General Town Meeting.

STM Article 1:

To see if the Town will vote to appropriate $660.40 to pay bills from a prior fiscal year and to determine how the same shall be raised and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

RECOMMENDATION (Finance Committee): That the Town vote to transfer $660.40 from Certified Free Cash for the purposes of Article 1 to be expended under the jurisdiction of the Board of Selectmen.

EXPLANATION: These bills were received by the Town after the close of the fiscal year 2004 budget.

STM Article 2:

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 joint vote of the Board of Selectmen and Planning Board to serve a term of no more than three years. This Article will remain in effect until amended or repealed by action of Town Meeting, or until May 1, 2008, which ever occurs first. ”

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

RECOMMENDATION (Planning Board): That the Town vote Article 2 as printed in the warrant.

EXPLANATION: To issue a special permit requires a positive vote of at least five of the seven members of the Planning Board. Very often members of the Board are not eligible to vote on a special permit application for a number of reasons. This leaves an applicant facing the task of obtaining five out of six and many times five out of five votes. Associate members are allowed by state law, and are routinely used on the Board of Appeals when this Board acts as the special permit granting authority. This change extends this same authority to the Planning Board.

STM Article 3:

To see if the town will vote to amend Chapter 240 – Zoning – of the Code of Falmouth by adding the following:

  240 – 240 Business Redevelopment District
  G. Special Permit Uses
     10. Three stories, not to exceed 35 feet, provided that the new construction and/or redevelopment creates deed restricted, affordable units.
    The minimum number of units shall be:
    a. 1 – 4 units = 1 affordable unit
    b. 25% of the units created thereafter must be affordable

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

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

EXPLANATION: The Planning Board had not reached a decision at the time of printing, and needed more time to deliberate.

STM Article 4:

To see if the Town will vote to amend the Official Zoning Map by rezoning from Residential B to General Residence the land in North Falmouth bounded and described as follows: Beginning at the westerly corner of land of Alan Hildreth King known as 270 Old Main Road, being Assessors Parcel 05A 03 004 007, thence N 40 47’ 34” E by land now or formerly of Susan Baur, 202 feet more or less of the existing Business 3 District; thence S 48 55’ 00” E by the existing Business 3 District, 156 feet more or less; thence S 35 12’ 00” W by the existing Business 3 District, 173 feet more or less; and thence N 58 41’ 45” W by land now or formerly of Barbara Dowling and by land now or formerly of Susan Baur, a total of 174 feet more or less to the point of beginning. The said land to be rezoned contains 30,788 sq. ft., more or less, and comprises all of the land of Alan Hildreth King at 270 Old Main Road not presently within the Business 3 District or Public Use District.

On request of Alan Hildreth King and others.

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

EXPLANATION: The Planning Board had not reached a decision at the time of printing, and needed more time to deliberate.

STM Article 5:

To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN a parcel of land in Falmouth located off Locustfield Road containing 17.7 acres, more or less, ten (10) acres of which are described in a deed recorded in the Barnstable County Registry of Deeds in Book 1512, Page 590 and the remaining seven 78/100 (7.78) acres are described in a deed recorded in Book 1067, Page 376, which land belongs to the Cape Cod Council Boy Scouts of America of 274 Willow Street, Yarmouthport, MA 02675, said land to be purchased for the purpose of OPEN SPACE, WATER RESOURCE PROTECTION and/or PUBLIC RECREATION, as provided in General Laws Chapter 40, Section 8C, or any other appropriate authority, said land to be under the jurisdiction of the Conservation Commission and further, to appropriate a sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, and further to authorize the Board of Selectmen or its designee to accept any further gifts of property, real, personal or otherwise, in relation to the foregoing acquisition and to enter into any agreements and to execute all documents it deems advantageous on behalf of the Town, for partial or full reimbursements of the cost of acquisition, and to determine how the same shall be raised, including appropriation from the Land Bank Fund or by borrowing said sum or any part thereof pursuant to Chapter 44, Section 7(3) of the Massachusetts General Laws, or any other enabling authority and to issue bonds or notes of the Town therefore, and by whom expended. Or do or take any other action on this matter. On request of the Board of Selectmen.

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, 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 the Conservation Commission as specified and being described as follows:

Land owned now or formerly by Cape Cod Council Boy Scouts of America consisting of a parcel of 10 acres, more or less, located off Blacksmith Shop Road, as shown on Assessors Map 22, Section 02, Parcel 009a, Lot 000 and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 01512, Page 0590. For purposes of open space and conservation.

Land owned now or formerly by Cape Cod Council Boy Scouts of America consisting of a parcel of 7.78 acres, more or less, located off Blacksmith Shop Road, as shown on Assessors Map 22, Section 02, Parcel 010a, Lot 000 and further described in a deed recorded at the Barnstable County Registry of Deeds in Book 01067, Page 0376. For purposes of open space and conservation.

And, further, to appropriate $1,205,000 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.

EXPLANATION: A fully executed Purchase and Sale Agreement for $1,200,000 exists for this property, which is in the Long Pond Water Shed and near the Mares Pond Well Site, i.e., which makes it valuable to the town. Five Thousand Dollars has been added for bonding costs. The appraised value is $1,350,000, if developed.

STM Article 6:

To see if the Town will vote to authorize the Board of Selectmen to complete a land swapping transaction with the Woods Hole Community Association whereby the Town and the Association will exchange parcels and/or interests in land in Woods Hole. Said parcels being of equal value to both parties by agreement. The purpose of this transaction is to enable the Town to rebuild the bridge tenders house at the Eel Pond drawbridge and relocate the drawbridge operating machinery, enhance public access to the Town pier at the end of the Eel Pond channel and permit the Association to make improvements and facilitate maintenance of the Association’s Community Hall at 68 Water Street. The parcels and/or interests in land to be exchanged lie either between the Eel Pond channel and the Association’s Community Hall at 68 Water Street or between the old town fire station at 72 Water Street and the Association’s Community Hall at 68 Water Street. The Board of Selectmen are authorized to complete the land swapping transaction upon such terms and conditions as they deem appropriate and they shall have the power and authorization to exercise the power of EMINENT DOMAIN, if necessary, to complete the transaction authorized by this article.

The following parcels and/or interests in land shall be conveyed by the Woods Hole Community Association to the Town of Falmouth

First Parcel: A fee simple interest in land on Water Street in Woods Hole, belonging to the Woods Hole Community Association, for improvements to the Eel Pond drawbridge including improvements to the bridge tenders building and the relocation and installation of the bridge operating machinery, said land being hounded and described as follows:

Beginning at a point on the southerly sideline of Water Street of land of the Town of Falmouth;

Thence North 44 degrees 01 minutes West along the southerly sideline of Water Street, 9.29 feet to a point;

Thence North 53 degrees 13 minutes 30 Seconds West along the southerly sideline of Water Street, 4.67 feet to a point and land of the Woods Hole Community Association;

Thence south 45 degrees 14 minutes 32 seconds West, 1.62 feet by said Association’s land to a point;

Thence South 44 degrees 45 minutes 28 seconds East, 7.73 feet by Association’s land to a point.

Thence South 45 degrees 14 minutes 32 seconds West, 28.93 feet by Association’s land to a point.

Thence South 44 degrees 45 minutes 28 seconds East, 8.89 feet by Association’s land to a point at land of the Town of Falmouth;

Thence North 40 degrees 15 minutes 26 seconds East, 31.26 feet by land of the Town of Falmouth to the point of beginning.

The Woods Hole Community Association shall reserve an easement for all lawful purposes over so much of this parcel as is not occupied by a building or structure after the improvements to the Eel Pond drawbridge.

Containing 252 square feet more or less.

Second Parcel: a temporary construction easement of two (2) years duration to allow the public to pass and re-pass over the same for recreational purposes and a permanent four (4) foot wide easement of perpetual duration at a location to be determined by actual usage and within the temporary construction easement area, subject to the provisions of General Laws Ch. 21 §17C (the Recreational Use statute so called) on the following land on Water Street in Woods Hole belonging to the Woods Hole Community Association for purposes of constructing improvements to the Eel Pond Bridge including improvements to the bridge tenders building and the installation of bridge operating machinery, said temporary construction easement to include the right to erect supports and scaffolding and to use the subject area for all purposes incidental to the construction work and the permanent easement to allow the public access to the Town Pier and the end of the Eel Pond channel from Water Street, said land being bounded and described as follows:

Beginning at a point on the southerly sideline of Water Street at the northwest corner of the above parcel;

Thence North 53 degrees 13 minutes 30 seconds west by the southerly sideline of Water Street, 2 feet to a point;

Thence southwesterly 10.8 feet more or less to the face of the Woods Hole Community Association Hall;

Thence southeasterly by said hall 3' more or less to a corner;

Thence southwesterly by said hall 31 feet to a point;

Thence southeasterly 12' more or less to land of the Town of Falmouth;

Thence northeasterly by land of the Town of Falmouth 9' more or less a point at the southeast corner of the above parcel;

Thence by the westerly side of the above parcel to the point of the beginning.

Containing 283 square feet more or less.

Third Parcel: A fee simple interest in land on Water Street in Woods Hole being a strip of land containing approximately 45+ square feet along the common boundary line between the Town land at 72 Water Street and the Association’s land at 68 Water Street and being shown as “Area No.6” on a plan filed herewith.

The following parcels and/or interests in land shall be conveyed by the Town of Falmouth to the Woods Hole Community Association.

Fourth Parcel: An easement and right of way in common with the public and all others entitled thereto for all lawful purposes over a portion of the town’s land known as Parcel N along the northwesterly side of the Eel Pond channel and shown as “Area No. 1” on the plan filed herewith.

Fifth Parcel: An easement and right of way in common with the public and all others entitled thereto for all lawful purposes over a portion of the Town’s land known as Parcel L, including the right to erect structures associated with and to provide access to the Association’s Community Hall at 66 Water Street, and shown as “Area No. 2” on the plan filed herewith.

Sixth Parcel: A fee simple interest in an area of land containing 45+ square feet and being a portion of the Town’s Parcel L and being shown as “Area No. 3” on the plan filed herewith.

Seventh Parcel: A fee simple interest in an area of land containing 28+ square feet and being a portion of the Town’s Parcel N and being shown as “Area No. 4” on the plan filed herewith, said parcel to be conveyed with a reserved easement to the public to pass and repass over the same for all lawful purposes and for access to the town pier at the end of the Eel Pond channel.

Eighth Parcel: A fee simple interest in an area of land containing 52+ square feet and being a portion of the Town’s Parcel N and being shown as “Area No. 5” on the plan filed herewith.

And further to appropriate a sum of money for said purposes, including costs incidental and related thereto, to determine how the same shall be raised and by whom expended. The Board of Selectmen are authorized to negotiate terms or include in the taking provisions to insure that the Woods Hole Community Association will not loose access to the rear area of its property from Water Street. The land or interests acquired by the Town shall be under the jurisdiction of the Board of Selectmen. Or do or take any other action on this matter including adding contiguous additional area. On request of the Board of Selectmen.

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

STM Article 7:

To see if the Town will vote to amend Chapter 1, §1-2 of the Code of Falmouth, non-criminal disposition, and add the following:

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

RECOMMENDATION (Board of Selectmen): That the Town vote Article 7 as printed.

EXPLANATION: This change to the bylaw gives the Police Department additional penalty in the form of fines to help deter skateboarders, rollerblades, scooter, bicycles, etc., on the public sidewalks.

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