In the name of the Commonwealth of Massachusetts you are directed to notify and summons the inhabitants of the Town of Falmouth qualified to vote in Town Affairs to meet at the Memorial Auditorium, Lawrence School, Falmouth, Monday, November 18, 1996 at 7:00 P.M. for the purpose of acting on the articles contained in the following warrant:

ARTICLE 01:

To see if the Town will vote to appropriate the sum of Eight Hundred Seventy-nine Dollars ($879.) for the purpose of payment of the listed Unpaid Bills of prior Fiscal Years, 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.

ARTICLE 02:

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

ARTICLE 03:

To see if the Town will vote to amend Article V - Single Residence District and Article VIII- - Agricultural Districts of the Zoning Bylaw by deleting the words "or any vehicle which has a gross weight in excess of ten thousand (10,000) pounds; "from sections 240-23.G(4) and 240-38.G(4) and by adding section 240-23.J. and section 240-38.K -which will allow Contractor Equipment Storage as a Special Permit use in Residential A, AA and Agricultural A & AA Districts

240-23.J & 240-38.K PURPOSE: The purpose of this section is to allow a building or construction contractor or subcontractor in a Residence A, Residence AA, Agricultural A or Agricultural AA zoning district to use his premises or adjacent lot for storage of equipment and supplies and the parking of vehicles, either within a structure or outdoors, under the following standards, in addition to the requirements of Article XXXXII - Section 240-216 A - I Special permits.

1. The lot shall be a minimum of: Eighty thousand square feet for up to three vehicles over 10,000 pounds gross vehicle weight when empty (GVW), totaling a combined maximum of 40,000 lb.; Forty thousand square feet for up to two vehicles over 10,000 lbs. (GVW), totaling a combined maximum of 30,000 lb. (GVW) and; Thirty thousand square feet for one vehicle over 10,000 lbs (GVW) up to a maximum of 20,000 lbs (GVW). All vehicles must be registered with the Commonwealth of Massachusetts Registry of Motor Vehicles.
2. The side and rear setbacks for any structure or parking area shall be a minimum of thirty feet. Lesser setbacks to a minimum of fifteen feet may be allowed when a combination of screening landscaping and natural features provide visual screening as necessary and in proportion to the need to buffer from adjacent land uses. No storage of contractor equipment shall be allowed in a front yard as defined in this bylaw.
3. No activity, such as major repair work , painting, or engine cleaning shall be allowed. All activities, such as ordinary maintenance repairs, must be specifically approved by the Board of Appeals. The type and amount of equipment or supplies, such as tracked vehicles, building supplies, etc., shall also be specifically approved by the Board of Appeals.
4. The lot must be owned or the principal structure occupied by the owner or lessee of the contractor equipment stored thereon. Any special permit issued under this section shall lapse with a change in ownership of the lot or principal structure where such contractor equipment storage is located. A lot without a principal structure may be used for contractor equipment storage, so long as the owner of such lot is the owner or lessee of the contractor's equipment stored thereon. Storage of contractor equipment or supplies not owned by the owner of the premises as a commercial operation is not allowed.
5. Hours of operation shall be set by the Board of Appeals with due regard for the nature and character of the neighborhood. No special permit shall be granted for contractor storage until the Board of Appeals makes a positive finding under Section 240-110 - Nuisances - of the Zoning Bylaw.
6. Curb cuts and access driveways to any contractor storage area must be constructed to Massachusetts highway department standards for the type of vehicles to be stored on the premises. The Board of Appeals may restrict the overall length of any vehicle based on the applicant's ability to show that safe stopping sight distances or curb returns, etc., can be provided.

ARTICLE 04:

To see if the Town will vote to amend Article XX - Wildlife Corridor - of the Zoning Bylaw by:

1). Adding the following language to Section 240-93 - Procedure:

D. No easement or restriction imposed by this section shall:

1. permit public access on private property.
2. be used to control density of development.
3. cause any loss of lot coverage. Lot coverage shall be computed on the total area of the property

E. The Planning Board may waive subdivision rules pertaining to maximum dead-end road length, road width, curb-cuts, and similar provisions to the extent necessary to permit the full use of any property.

2). Amending section 240-94.- Standards - by deleting subsection 240-94.A.(2) and inserting in its place the following new language:

§240-94.A. (2) The applicant shall prepare a corridor plan. The proposed corridor shall be contiguous with any existing or potential corridors on abutting parcels.

a) The applicants proposed corridor shall be subject to the approval of the reviewing agency under criteria (1) & (2) listed below. If more than one corridor is proposed the reviewing agency may allow the applicant to choose either or both proposed corridors.

(1) Actual use for: migration, browsing or bedding by white tailed deer; shelter or bedding by fox, coyote or other large or medium size mammals which typically do not thrive in proximity to human habitation; nesting by quail, grouse, pheasants or other ground nesting birds, which typically do not thrive in proximity to human habitation; egg deposition and/or migration of reptiles and amphibians.

(2) The presence of any rare/threatened or endangered species as listed by the U.S. or Massachusetts Division of Fish & Wildlife.

b) On any parcel on which there is inconclusive evidence of wildlife use, a corridor shall be established that is no wider than necessary to permit migration of white tailed deer, to maintain contiguity of such corridors within the overlay district.

No corridor under this section shall exceed 300 feet in width. Within this constraint, no corridor shall be greater in area than is equivalent to the actual area of observed wildlife use of the parcel divided by the total area of the parcel.

c)Any covenant or restriction under this section shall be coordinated with any restriction of record by the State Wetlands Act, Town Wetlands by-law, State National Heritage Program or similar laws.

3) Adding new Subsection 8 as follows):

(8) Natural indigenous vegetation shall be re-established and maintained or enhanced by the project. Areas disturbed during construction shall be revegetated as rapidly as possible after construction is completed or within such further time as permitted by the reviewing agency.

4) Deleting section 240-94.B. in its entirety

5) Deleting Section 240-95. In its entirety

6) Renumbering Section 240-96 as 240-95

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

ARTICLE 05:

To see if the Town will vote to amend the Official Zoning Map by adopting the following map entitled:

"Recharge Area of Coastal Ponds" scale 1"= 2000' dated September 10, 1996 as shown below.

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

ARTICLE 06:

To see if the Town will vote to amend Article XXI - Coastal Overlay District and Article XIV Dimensional regulations of the Zoning Bylaw by:

1) amending Section 240-98(I) by deleting the words "Recharge Areas of Freshwater Ponds, existing and Proposed Public Water Supply Wells, scale 1"= 2000' as adopted by Article 52 of the Falmouth Annual Town Meeting April 1984" and insert the words "Recharge Area of Coastal Ponds, scale 1"= 2000', dated September 10, 1996, as adopted by Article 5, Falmouth Annual Fall Town Meeting, November 1996."

2) amending Section 240-67,A. Schedule of Requirements by inserting the following:

"Bourne's Pond Recharge Area - Coastal Pond Overlay District: Minimum Lot Size 80,000 square feet, Minimum Lot Width 200 feet, Minimum Frontage 100 feet."

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

ARTICLE 07:

To see if the Town will vote to amend the official Zoning Map by rezoning from Business 3 to General Residence the land shown on Town Assessors Map 32 Section 04 Parcel 001 Lot 001, located at the southeast corner of East Falmouth Highway and Central Avenue. Or do or take any other action on this matter. On request of the Planning Board.

ARTICLE 08:

To see if the Town will vote to amend the Official Zoning Map by rezoning from Business 2 to Business 3 the land shown on Town Assessors Map 38A Section 1 Parcels 67, 69, 70, 70A, 71, 72, 73, and Parcel 74, Lot 001, located at 128 Palmer Avenue, 120 Palmer Avenue, 40 - 50 North Main Street and 19- 59 Depot Avenue. Or do or take any other action on this matter. On request of the Planning Board.

ARTICLE 09:

To see if the Town will vote to amend the Official Zoning Map by rezoning from Business 3 to Residence C the land shown on Town Assessors Map 46B Section 6 Parcels 1, 2 &3 located at 4 & 8 Quinsigamond Avenue. Or do or take any other action on this matter. On request of the Planning Board.

ARTICLE 10:

To see if the Town will vote to amend the Official Zoning Map by rezoning from Business 2 to General Residence the Land shown on Assessors Map 47B Section 04, Parcel 006 located at 14 King Street. Or do or take any other action on this matter. On request of the Planning Board.

ARTICLE 11:

To see if the Town will vote to amend Article XXV - Planned Residential Development - of the Zoning Bylaw by adding the following new section:

240-126.1. -Density Bonus

If a proposed planned residential development incorporates into the proposed open space parcel, lands identified in the Cape Cod Regional Policy Plan or the Falmouth Local Comprehensive Plan/Open Space Element, which are part of the regional or local greenbelt, walking, hiking or biking network, the maximum number of dwelling units permitted within the planned residential development may be increased by 20% over that allowed under Sections 240-126 A. & B., up to a maximum of four units.

The density bonus may only be allowed at the sole discretion of the Planning Board as part of the special permit process for a planned residential development. To qualify for the density bonus, the Planning Board must find that the open space set aside meets criteria (a.) in addition to at least one of the three criteria listed under (b.), (c.), and (d.) below

a. the proposed open space parcel abuts existing public open space, or protected open space owned by a non-profit land trust.

bb. there are rare, threatened or endangered species in the open space parcel to be provided in the Planned Residential Development, or the addition of the proposed open space parcel further protects rare, threatened or endangered species on any adjoining open space parcel, whether public or private.

c. the proposed open space parcel links, via a public access easement or similar instrument, existing or proposed public hiking or walking trails, bikeways, access points to the shoreline, etc.

d. the applicant proposes to donate the open space to a land trust or public entity to allow for public access.
If any one of the above criteria cannot be met, then no density bonus may be incorporated into the planned residential development.

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

ARTICLE 12:

To see if the Town will vote to amend Article XXXIX - Site Plan Review - of the Zoning Bylaw by deleting Sections 240-193 and 240-194 and inserting the following new language:

240-193. Procedure :

a) Applications for site plan review shall be filed with the Planning Board as specified in section 300-10 of the Code of Falmouth.

b) Before approval of a site plan review, the Planing Board shall solicit public comment at the public meeting where the plan is being discussed. Notice that the Board will be accepting public comments shall be given by advertisement in a local newspaper once in the week prior to the date of the Boards meeting and by notice to abutters within 100 feet of any part of the land of the applicant, by regular mail, one week prior to the date of the Boards meeting.

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

ARTICLE 13:

To see if the Town will vote to amend Article IX - Marine Districts - of the Zoning Bylaw by deleting section 240-44.B. and insert the following new language:

240-44.B. Food Service. Limited food service may be allowed by special permit from the Board of Appeals such that the number of seats in any such establishment is limited to ten, or square footage to no more than 1000; and, further, that such food service is associated with a use allowed in the Marine District, either by right or by special permit.

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

ARTICLE 14:

To see if the Town will vote to amend Article XIV - Dimensional Regulations - of the Zoning Bylaw by amending section 240-67.A. Minimum Lot Area in the following manner:

1. Single Residence and Agricultural AA: delete 80,000 and insert 120,000
2. Public Use, Residence A and Agricultural A: delete 45,000 and insert 60,000
3. Residence B, Residence C and Agricultural B: delete 40,000 and insert 60,000

add the following note: Corrected Section 240-67.A. shall not apply to any lot shown on a plan endorsed by the Planning Board prior to November 18, 1996, or to any lot shown on a plan submitted for approval to the Planing Board prior to November 18, 1996 and subsequently endorsed after that date.

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

ARTICLE 15:

To see if the Town will vote to amend Chapter 240 "Zoning" of the Falmouth Code as follows:

Create the following new Article

Article XXXXVI
Black Beach/Great Sippewissett Marsh District of Critical Planning Concern Overlay District (DCPC)

§240-230. Purpose.

This Article is to carry out the purposes of the Barnstable County designation of the Black Beach and Great Sippewissett Marsh as a District of Critical Planning Concern (a "DCPC"), consistent with Barnstable County Ordinance 96-1 and the Cape Cod Commission Act, in order to maintain the integrity of the barrier beach system, to preserve the habitat value of the marsh and beach area, to improve water quality and to alleviate shellfish bed closures, and to minimize potential risk to public health, safety and welfare resulting from development of the barrier beach and the marsh. It is the intention of the town that the grant of powers under this Article shall be construed as broadly as is consistent with the constitution and the laws of commonwealth relating to local government, including Barnstable County Ordinance 96-1 and the Cape Cod Commission Act, Chapter 716 of the Acts of 1989, as amended.

§ 240-231. Establishment and Applicability.

For the purposes of this Article, there is established in the Town of Falmouth the Black Beach/Great Sippewissett Marsh DCPC which is an overlay district superimposed on existing zoning districts. This overlay district shall apply to all uses of land, including but not limited to new construction, reconstruction or expansion of existing buildings and new or expanded uses. The overlay district is delineated on a map entitled "Black Beach/Great Sippewissett Marsh District, Town of Falmouth, dated September 10, 1996. This map, as it may be amended from time to time, is hereby made a part of the Town Zoning Code and is on file in the office of the Town Clerk. All uses of land within the Black Beach/Great Sippewissett Marsh District as shown on the Official Zoning Map shall be subject to the requirements of these sections.

§ 240-232. Procedures.

1. Prior to obtaining a building permit, all uses within the Overlay District must obtain a permit from the Falmouth Conservation Commission pursuant to the Town of Falmouth Wetlands Bylaw.

2. Prior to issuing any permit or approval within the Overlay District, the building inspector or the applicable permit granting authority shall determine that the development proposal complies with the requirements of this Article.

§240-233. Standards.

All uses otherwise permitted by this Bylaw shall be permitted within the Black Beach/Great Sippewissett Marsh DCPC Overlay District subject to the following requirements:

1) All uses shall be required to be in compliance with the standards below. The provisions of Article XVIII of the Zoning Bylaw (Floodplain Zone) at §§ 240-82 and 240-83 shall apply within the entire Overlay District. Where these requirements may conflict with other provisions of the Zoning Bylaw, the more stringent standard shall apply.

2) All structures, including but not limited to dwellings, docks, piers, and shoreline protection structures, shall maintain a 10 foot setback landward from FEMA Velocity (V) zones as established by Article XVIII § 240-80.

3) Notwithstanding the provisions of Article I of the Zoning Bylaw concerning the reconstruction of non-conforming structures, Article II § 240-11 of this Bylaw, and Article XVIII of this Bylaw, no reconstruction may be permitted within FEMA Velocity (V) Zones if such reconstruction could occur within a FEMA A Zone either on the lot or on land held in common ownership. If no such land is available, all reconstruction shall be in compliance with Article XVIII of this bylaw and FEMA requirements. Where these requirements may conflict, the more stringent standard shall apply.

4) The minimum front yard setbacks required by § 240-68 of this Bylaw may be reduced to no less than 15' when necessary to accommodate increased side and rear yard setbacks in order to further the purposes of this Overlay District.

5) No division of land of land pursuant to Chapter 41, Section 81L or Chapter 41, Section 81P shall be permitted which would result in the creation of vacant lots within the Overlay District that do not contain at least 8,000 sq. ft. of developable land area outside of FEMA Velocity (V) Zones. Any lot not meeting this requirement shall be clearly delineated on all plans as "Any such endorsement is without regard to zoning, buildability and may be subject to other notations thereon."

6) Notwithstanding the provisions of Section 240-69 of this Bylaw, new development, reconstruction, expansions and alterations shall not exceed ten percent (10%) maximum impervious surface area per lot, as defined in § 240-72.

§240-234. Supersession of other provisions.

The requirements of this Article shall supersede the provisions of Article 1, §240-3 for pre-existing structures and uses as follows.

1. Notwithstanding the provisions of § 240-3(C), preexisting, non-conforming structures or uses may be extended, altered or changed only by obtaining a special permit from the Board of Appeals. Any such change, extension or alteration shall be consistent with the requirements set forth at § 240-233 above and shall not be substantially more detrimental to the purposes protected by the DCPC or to the neighborhood than the existing non-conforming use or structure.

The Board of Appeals shall apply the following standards when considering a special permit for reconstruction, extensions, alterations, or changes to conforming and nonconforming structures and lots within the Overlay District:

(a) the proposed development shall not increase the habitable space and shall not result in a total amount of impervious surface area of greater than ten percent (10%) per lot as defined in § 240-72.

(b) the proposal shall not increase development within a FEMA V zone, or reduce the setback to any water resource area as defined under the Falmouth Wetlands Bylaw.

2. The expansion or alteration of single family residential dwellings in existence as of July 1,1989 are not subject to these overlay district regulations so long as the total gross floor area of such expansion or alteration does not exceed twenty-five percent (25%) of the total gross floor area of the dwelling which was in existence as of July 1, 1989.

§ 240-235. Boundary Disputes

If the location of the district boundary, as delineated on the Black Beach/Great Sippewissett Marsh District Map, in relation to a particular parcel is in doubt or dispute, the burden of proof shall be on the property owner(s) to demonstrate that the parcel is outside of the boundary.

2) amend § 240-3(C) and § 240-216(I) as follows:

Add: § 240-3(C)(1)(d) The standards of § 240-233

Add: § 240-216(I) Compliance with all applicable sections of the zoning bylaws including, but not limited to, all performance requirements under Articles XXII to XXIV and Article XXXXVI.

3) amend § 240-5 as follows:

Any residential structure in existence as of January 1, 1970, not protected by § 240-3, will be deemed to be conforming to the dimensional requirements of these bylaws, but any alteration, reconstruction, extension or structural change, including partial reconstruction and reconstruction after substantial damage, must conform to the current bylaw dimensional requirements and Article XXXXVI.

4) add 240-178.1 Great Sippewissett Marsh/Black Beach District of Critical Planning Concern Transfer of Development Rights (DCPC)

Any buildable lot or lot that becomes unbuildable under the implementing regulations of the Black Beach/Great Sippewissett Marsh DCPC implementing regulations, which is shown on a plan endorsed by the Planning Board or described in a deed duly recorded at the Registry of Deeds as of November 18, 1996, shall be eligible to apply for a special permit to transfer the development rights on said lot to a different location and different zoning district under the implementing regulations of the Great Sippewissett/Black Beach DCPC.

The provisions of 240-174.B., 240-176.A.& B., and 240-177.A.& B. shall not apply for the Great Sippewissett/Black Beach DCPC.

The assignable credit into any zoning district from the GSM/BB DCPC shall equal two (2).

The minimum lot size per unit shall be 20000 square feet for any receiving district.

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

ARTICLE 16:

To see if the Town will change the Zoning Bylaws, and change the Zoning Bylaw, amending Section 240-175 of the Falmouth Zoning Bylaw by adding to paragraph A the following words preceding the paragraph:

"Any existing building lot shown on a plan recorded at the Registry of Deeds, or"

so that the revised Section A reads:

"Any existing building lot shown of a plan recorded at the Registry of Deeds of any contiguous parcel of at least five (5) acres which qualifies for or is currently assessed by the Town of Falmouth of the Commonwealth of Massachusetts under the provisions of MGL C.61A; and"

Or do or take any other action on this matter. On request of Michael B. McGrath and others.

ARTICLE 17:

To see if the Town will vote to amend the Zoning By-law and so record on the Zoning Map, by rezoning from Residential C to Business 3 the land on Gifford Street and Dillingham Avenue shown on the Assessor's Map as Map 38 Section 10 Parcel 25 Lot 80; Map 38 Section 10 Parcel 28A Lot 82; Map 38 Section 10 Parcel 25A Lot 26; Map 38 Section 10 Parcel 23A Lot 84; and the layout of Tennis Club Lane, a private way.

Said parcels to be rezoned contain a total of 7.43 acres more or less and are owned by Sheila L Palandjian, by LPPG Realty Trust, by P & S Family Limited Partnership, and by P & S Family Nominee Trust. Or do or take any other action on this matter. On request of Robert H. Ament and others.

ARTICLE 18:

To see if the Town will vote to appropriate a sum of money to acquire an option to purchase land at the intersection of Dillingham Avenue and Gifford Street being shown of Falmouth Assessors Map 38, Section 10, Parcel 23A, Lot 84; Map 38, Section 10, Parcel 25, Lot 80; Map 38, Section 10, Parcel 25A, Lot 26 and Map 38 Section 10, Parcel 28A, Lot 82 for the purpose of building a new fire department headquarters station, said parcels being deemed to have unique qualities of size and location necessary for said purpose, 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.

ARTICLE 19:

To see if the Town will vote to appropriate a sum of money to acquire an option to purchase a four acre parcel of land being the southerly section of St. Joseph's Cemetery on Gifford Street and part of land shown on Falmouth Assessors Map 38, Section 9, Parcel 5 for the purpose of building a new fire department headquarters station, said parcel being deemed to have unique qualities of size and location necessary for said purpose, 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.

ARTICLE 20:

To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Commonwealth of Massachusetts for the purpose of MUNICIPAL USE and/or PUBLIC RECREATION, said land to be under the jurisdiction and control of the Board of Selectmen and being described as follows:

Land owned now or formerly by Jean G. Keaveney, consisting of a parcel of 1.23 acres, located off Gifford Street, shown on Assessors Map 35, Section 06, Parcel 008, Lot 002 and described in a deed recorded at the Barnstable County Registry of Deeds in Book 8929, Page 0005, dated December 6, 1993.

And further to appropriate the sum of Twenty-five Thousand Dollars ($25,000.) 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 gifts of property, real, personal or otherwise, in any agreement and to execute all documents it deems advantageous on behalf of the town, for partial or full reimbursement of the cost of acquisition 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.

ARTICLE 21:

To see if the Town will vote to appropriate the sum of One Hundred Thousand Dollars ($100,000.) for the purpose of funding road maintenance, 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.

ARTICLE 22:

To see if the Town will vote to appropriate the sum of Seventy-five Thousand Dollars ($75,000.) for the purpose of funding maintenance for the town bridges and sidewalks, 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.

ARTICLE 23:

To see if the Town will vote to appropriate the sum of Two Hundred Thousand Dollars ($200,000.) for the purpose of purchasing vehicles for the Department of Public Works, 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.

ARTICLE 24:

To see if the Town will vote to appropriate the sum of Two Hundred Thousand Dollars ($200,000.) for the purpose of construction and maintenance of Town water mains, 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.

ARTICLE 25:

To see if the Town will vote to appropriate the sum of Seventy Thousand Dollars ($70,000.) for the purpose of purchasing and replacing water meters and hydrants, 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.

ARTICLE 26:

To see if the Town will vote to appropriate the sum of Sixty Thousand Dollars ($60,000.) for the purpose of repairing the DPW garage roof, 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.

ARTICLE 27:

To see if the Town will vote to appropriate the sum of Twenty-seven Thousand Dollars ($27,000.) for the purpose of purchasing computer equipment for the Police Department, 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.

ARTICLE 28:

To see if the Town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.) for the purpose of replacing cell toilets at the Police Department, 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.

ARTICLE 29:

To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of purchasing breathing apparatus for the Fire Department, 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.

ARTICLE 30:

To see if the Town will vote to appropriate the sum of Twenty-five Thousand Dollars ($25,000.) for the purpose of purchasing a Pickup Truck for the Fire Department, 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.

ARTICLE 31:

To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of purchasing Turnout Gear for the Fire Department, 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.

ARTICLE 32:

To see if the Town will vote to appropriate the sum of Sixty Thousand Dollars ($60,000.) for the purpose of the replacement of the Fire Department Boat, 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.

ARTICLE 33:

To see if the Town will vote to appropriate the sum of Forty-one Thousand Dollars ($41,000.) for the purpose of purchasing computer equipment by the Data Processing Department, 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.

ARTICLE 34:

To see if the Town will vote to appropriate the sum of Twenty-seven Thousand Dollars ($27,000.) for the purpose of purchasing a dump truck for the Beach Committee, 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.

ARTICLE 35:

To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000.) for the purpose of repairing the retaining wall at Old Silver Beach, 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.

ARTICLE 36:

To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of replacing the Materials Security System at the Falmouth Main 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 Board of Selectmen.

ARTICLE 37:

To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of interior painting at the Recreation Center, 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.

ARTICLE 38:

To see if the Town will vote to appropriate the sum of Seventy-five Thousand Dollars ($75,000.) for the purpose of purchasing equipment/vehicles for the School Department, 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 Board of Selectmen.

ARTICLE 39:

To see if the Town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.) for the purpose of replacing aids to navigation, 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.

ARTICLE 40:

To see if the Town will vote to appropriate the sum of Thirty Thousand Dollars ($30,000.) for the repair of the roof at Town Hall, 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.

ARTICLE 41:

To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000.) for the purpose of remodeling and refurnishing the offices of the Town Clerk/Treasurer and the Water Department in Town Hall, 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.

ARTICLE 42:

To see if the Town will vote to appropriate the sum of Thirty-five Thousand ($35,000.) for the purpose of purchasing a truck, boat and trailer for the Shellfish Department, 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.

ARTICLE 43:

To see if the Town will vote to appropriate the sum of One Hundred Thirty-three Thousand Dollars ($133,000.) for the purpose of purchasing aerial photos for the Planning Department and the Assessors, 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.

ARTICLE 44:

To see if the Town will vote to appropriate the sum of Eight Thousand, Eight Hundred Dollars ($8,800.) for the purpose of replacing the Assessor Deed Reader, 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.

ARTICLE 45:

To see if the Town will vote to consolidate all the appropriations previously approved for Articles 21 through Article 44 and transfer the same to the Fiscal Year 1997 Capital Improvement Fund, or do or take any other action on this matter. On request of the Town Administrator.

ARTICLE 46:

To see if the Town will vote to appropriate the sum of Nine Hundred Eight Thousand, Nine Hundred Thirty-Eight Dollars ($908,938.) under Chapter 113, Acts of 1996 as the State's share of the work under Chapter 90, Section 34 (2a) of the Massachusetts General Laws and to authorize the Board of Selectmen to execute with the State such contracts as may be necessary for said purpose, to determine how the same shall be raised and by whom expended, or do or take any other action on this matter. On request of the Board of Selectmen, acting as the Board of Public Works.

ARTICLE 47:

To see if the Town will vote to appropriate the sum of One Hundred Fifty-One Thousand, Four Hundred Ninety-Four Dollars ($151,494.) under Chapter 204, Acts of 1996 as the State's share of the work under Chapter 90, Section 34 (2a) of the Massachusetts General Laws and to authorize the Board of Selectmen to execute with the State such contracts as may be necessary for said purpose, to determine how the same shall be raised and by whom expended, or do or take any other action on this matter. On request of the Board of Selectmen, acting as the Board of Public Works.

ARTICLE 48:

To see if the Town will appropriate the sum of Thirteen Thousand Dollars ($13,000.) for the purpose of reconditioning the Vactor sewer vehicle, 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, acting as the Board of Public Works.

ARTICLE 49:

To see if the Town will vote to appropriate the sum of Two Thousand Four Hundred Dollars ($2,400.) for the purpose of purchasing a Plan File Holder for the Engineering Department, 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, acting as the Board of Public Works.

ARTICLE 50:

To see if the Town will vote to appropriate the sum of Fifty Thousand Dollars ($50,000.) for the purpose of Engineering Services required for the Landfill Closure Design in compliance with the requirements of the Massachusetts Solid Waste Management Facility Regulations (310 CMR 19.140) and in accordance with an executed Administrative Consent Order, 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, acting as the Board of Public Works.

ARTICLE 51:

To see if the Town will vote to appropriate the sum of Eleven Thousand Four Hundred Dollars ($11,400.) for the purpose of purchasing Park Department Small Equipment 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, acting as the Board of Public Works

ARTICLE 52:

To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of replacing an Interior Glass Partition at the Recreation Center, 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, acting as the Board of Public Works.

ARTICLE 53:

To see if the Town will vote to appropriate the sum of Five Thousand Dollars ($5,000.) for the purpose of purchasing Safety Equipment for Town Departments, 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, acting as the Board of Public Works.

ARTICLE 54:

To see if the Town will hear a report from the Falmouth School Building Committee. Or do or take any other action on this matter. On request of Falmouth School Building Committee.

ARTICLE 55:

To see if the Town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.) for the purpose of funding a management study for the Police Department, 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 Police Chief.

ARTICLE 56:

To see if the Town will vote to appropriate the sum of One Thousand Dollars ($1,000.) to help defray the cost of providing emergency food pantry services and emergency fuel assistance by the Falmouth Service Center, Inc., to residents of the Town of Falmouth, 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 Human Services Director.

ARTICLE 57:

To see if the Town will vote to authorize the substitution of the Upper Cape AIDS Network as the designated recipient of funds appropriated at the April 1996 Town Meeting for the support of the Cape Cod AIDS Council and appearing as line item 01599/52376 of the Human Services Department budget in the FY 1997 budget. Or do or take any other action on this matter. On request of the Human Services Director.

ARTICLE 58:

To see if the Town will vote to appropriate the sum of Two Thousand Five Hundred Dollars ($2,500.) for the purpose of purchasing a mobile storage unit for football equipment for Falmouth Youth Football, 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 Recreation Department and the Falmouth Youth Football.

ARTICLE 59:

To see if the Town will vote to accept the provisions of Chapter 71 of the Acts of 1996 allowing vested members of the Falmouth Retirement System who are qualified Veterans, as defined under MGLA Chapter 32, Section 1, to purchase eligible military service, up to a maximum of four years, in accordance with the terms and conditions of the statute as enacted. Or do or take any other action on this matter. On request of the Retirement Board.

ARTICLE 60:

To see if the Town will vote to amend Chapter 140, Article II, Section 140-2, of the Code of Falmouth to read as follows:

Any Board, officer, committee or department may, in accordance with the following, deny any application for or revoke or suspend any local license or permit, including a building permit, and any renewals and transfers of the same, of any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments or any municipal charges including fines assessed under the provisions of Chapter 1, Article 1, Section 1-2 of the Code of Falmouth.

Or do or take any other action on this matter. Upon request of the Town Collector.

ARTICLE 61:

To see if the Town will vote to amend Chapter 235, Sections 1, 2, 4, and 8 of the Code of Falmouth, Wetlands Protection Bylaw, by adopting the following:

1) Amend Chapter 235, Section 1 as follows:

Replace Section 1 in its entirety with the following:

Section 1: PURPOSE

The purpose of this Bylaw is to protect the wetlands, related water resources, and adjoining land areas in Falmouth by controlling activities deemed by the Conservation Commission as likely to have a significant or cumulative effect upon resource area values, including but not limited to, the following: public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention, water pollution control, fisheries, shellfish, wildlife and plant species and habitats, agriculture, aesthetics, recreation, and aquacultural values. These values, collectively, are the resource area values protected by this bylaw.

In the Black Beach/Great Sippewissett Marsh District of Critical Planning Concern the following resource area values are expressly protected: prevention of flood damage by limiting of development in flood hazard zones, prevention of damage to structures and natural resources as a result of erosion, improvement of water quality, protection and enhancement of existing vegetative cover in order to maintain water quality and wildlife habitat, protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity, prevention of loss or degradation of critical wildlife and plant habitat, prevention of new stormwater runoff discharges and the improvement of existing stormwater runoff discharges, protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat, public access to water and land, improvement of groundwater recharge, and the minimization of the impact of new development, reconstruction and/or expansion on the resource area values protected by this Bylaw.

2) Amend Chapter 235, Section 2 as follows:

Replace Section 2 in its entirety with the following:

Section 2. JURISDICTION

Except as permitted by the Conservation Commission or as provided in this Bylaw, no person shall remove, fill, dredge, build upon, degrade, or otherwise alter the following resource areas: any freshwater or coastal wetland; marshes; wet meadows; bogs; swamps; vernal pools; banks; reservoirs; lakes; ponds; streams; creeks; beaches; dunes; estuaries; oceans; lands under waterbodies; lands subject to flooding or inundation by groundwater or surface water; lands subject to tidal action, coastal storm flowage, or flooding; lands within 100 feet of any of the aforesaid resource areas, the lands and waters within the entire Black Beach/Great Sippewissett Marsh District of Critical Planning Concern, and the lands and waters within the entire Massachusetts Executive Office of Environmental Affairs-designated Waquoit Bay Area of Critical Environmental Concern (ACEC). These resource areas are, collectively, the resource areas protected by this Bylaw.

3) Amend Chapter 235, Section 4, Paragraph 3, as follows:

Replace Paragraph 3, Section 4, in its entirety, with the following paragraph: Any person desiring to know whether or not a proposed activity or an area is subject to this Bylaw, including expansion exemptions requested in accordance with Section 22(c) of the Cape Cod Commission Act, may in writing request a determination from the Conservation Commission. Such a request for determination shall include information and plans as are deemed necessary by the Commission.

4) Amend Chapter 235, Section 8 as follows:

Add the following paragraph to the end of the existing Section 8, to be the fourth paragraph:

Pursuant to the requirements of this Section, the Conservation Commission shall adopt Implementing Regulations for the Black Beach/Great Sippewissett Marsh District of Critical Planning Concern (DCPC) which, with regard to this resource area, shall contain performance standards to protect the interests of the District.

5) Amend Chapter 235, Section 14 as follows:

Add the following sentence to the end of existing Section 14:

With respect to the Black Beach/Great Sippewissett Marsh District of Critical Planning Concern, this Bylaw is adopted under the Home Rule Amendment to the Massachusetts Constitution and the Home Rule statutes, as well as c. 716 of the Acts and Resolves of 1989, as amended, and Barnstable County Ordinance 96-1.

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

ARTICLE 62:

To see if the Town will vote to amend Chapter 235, Sections 7 of the Code of Falmouth, Wetlands Protection Bylaw, by adopting the following change:

Amend Chapter 235, Section 7, Paragraph 6 as follows:

Replace the word "effected" in Paragraph 6 of Section 7, with the word "affected".

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

ARTICLE 63:

To see if the Town will vote to amend Chapter 235, Section 12 of the Code of Falmouth, Wetlands Protection Bylaw, by adopting the following change:

Amend Chapter 235, Section 12, as follows:

Replace Section 12 in its entirety with the following paragraph containing the two additional words "or determination":

235-12: BURDEN OF PROOF

The applicant for a permit or determination shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the permit application will not have unacceptable significant or cumulative effect upon the resource area values protected by this bylaw. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions.

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

ARTICLE 64:

To see if the Town will vote to petition the General Court to amend Chapter 654 of the Acts of 1975 adding the following paragraph to Section 8:

(i) Every Certificate issued by the Commission shall have a lifetime of two years, after which period, if it has not been acted upon, it shall be deemed abandoned. In such event, a new application for a Certificate of Appropriateness must be submitted for review and approval before work may be undertaken.

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

ARTICLE 65:

To see if the town will vote to appropriate the sum of Twelve Thousand, Eighty-six Dollars ($12,086.) for the purpose of reclassifying and funding the following positions in the town's Position Classification plan.

ARTICLE 66:

To see if the Town will vote to appropriate the sum of Twelve Thousand One Hundred fifty Dollars ($12,150.) for the purpose of creating and funding the following new position in the town's position classification plan.

ARTICLE 67:

To see if the town will vote to reclassify the following positions in the town's Position Classification plan.

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

ARTICLE 68:

To see if the town will vote to make the following changes in job title in the town's Position Classification plan.

Delete:	Assistant Utilities Maintenance Foreman	Gr. 10
Add:	Assistant Utilities Supervisor-Water	Gr. 10
Delete:	Water Meter Reader/Pumping Station Operator	Gr. 05
Add:	Utilities Meter Reader/Laborer	Gr. 05
Delete:	Water Maintenance Foreman	Gr. 13
Add:	Utilities Supervisor-Water	Gr. 13
Delete:	Wastewater Plant Chief Operator	Gr. 12
Add:	Chief Wastewater Plant Operator	Gr. 12

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

ARTICLE 69:

To see if the Town will vote to appropriate the sum of Nine Thousand, Three Hundred Twenty-one Dollars ($9,321.00) for the purpose of amending the Town's position classification plan regarding the Falmouth Public Library.

Add

(1) Library Assistant

Gr. 04

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 Trustees of the Public Library.

ARTICLE 70:

To see if the Town will vote to appropriate a sum of money, to be appropriately distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 1995, as agreed to by the Town of Falmouth and the 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 Town Administrator.

ARTICLE 71:

To see if the Town will vote to appropriate a sum of money, to be appropriately distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 1996, 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.

ARTICLE 72:

To see if the Town will vote to appropriate a sum of money, to be appropriately distributed by the Town Accountant, to the accounts affected for the purpose of funding a raise for the contract period commencing July 1, 1996, 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.

ARTICLE 73:

To see if the Town will vote to approve the sale or other disposition of a parcel of town property on Surrey Lane, East Falmouth, MA, Map 29, Section 06, Parcel 005, Lot 011. Or do or take any other action on this matter. On request of the Board of Selectmen.

ARTICLE 74:

To see if the Town will vote to appropriate the sum of Twelve Thousand Dollars ($12,000.) to be administered by the Board of Selectmen, for the purpose of compensating part-time student apprentice/intern position within Town government departments, and to determine how such a sum shall be raised. Or do or take any action relative thereto. On request of the League of Women Voters of Falmouth.

ARTICLE 75:

To see if the Town will vote to appropriate the sum of Fourteen Thousand Dollars ($14,000.), which is approximately equal to fifty (50) cents per year-round resident, rounded to the nearest thousand, for the purpose of partially funding the Falmouth Homeless Prevention Program. Said sum to be raised by general taxation, and expended under the direction of the Director of Human Services, under the guidelines established under Article 46 of the 1995 Annual Town Meeting; or take any action related thereto. On request of Arthur Doyle and others.

ARTICLE 76:

To see if the Town will vote to appropriate the sum of Sixty Thousand Dollars ($60,000.) for the purpose of purchasing a replacement for the current Fire Department Rescue Boat, to determine how the same shall be raised, to be spent under the jurisdiction of the Fire Chief. Or do or take any other action on this matter. On request of Russell W. Salter and others.

ARTICLE 77:

To see if the Town will vote to appropriate a sum of money for the purpose of installing a water main consisting of 225 +/- feet in O'Donnell Avenue and 2,300 +/- feet in Rainbow Avenue and to determine how said appropriation will be raised and by whom expended or take any action thereto. Said installation shall be done under the betterment laws and provisions of Chapter 40, Sections 42-G, 42H. and 42-I of the Massachusetts General Laws. On request of Richard A. Swain and others.

ARTICLE 78:

To see if the Town will vote to direct the Selectmen to comply with the vote under Article 10 of the Town Meeting held on November 30, 1993. Or do or take any other action on this matter. On request of Leo McCarty and others.

ARTICLE 79:

To see if the Town will vote to amend Chapter 83, Article III, ANIMALS, of the Code of Falmouth by adding the following section to be appropriately numbered by the Town Clerk:

No person owning or having the care, custody or control of any animal shall permit such animal to soil or defile or deposit waste upon any sidewalk, street, thoroughfare, beach or wetland, in or upon any public property including parks, school grounds and playgrounds or in or upon the property of persons other than the owner of persons having the care, custody or control of such dog, unless said person picks up any such waste and disposes of the same in a sanitary manner. This section shall not apply to blind persons in sole custody or control of a seeing-eye-dog.

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

ARTICLE 80:

To see if the Town will provide funding for any and all of the purposes voted for in the foregoing articles by transfer from available funds, by borrowing or 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.