COMMONWEALTH OF MASSACHUSETTS Barnstable, SS
To either of the Constables of the Town of Falmouth, in said County. In the name of the Commonwealth of Massachusetts you are directed to notify and summon the inhabitants of the Town of Falmouth qualified to vote in Town Affairs to meet at the Memorial Auditorium, Lawrence School, Falmouth, Monday, April 7, 1997 at 7:00 P. M. for the purpose of acting on the articles contained in the following warrant:
To choose all other necessary Town Officers for the year.
To choose all other necessary Town Officers for the year in accordance with nominations to be offered at Town Meeting.
To hear reports of Committees and Town Officers.
To hear reports of Committees and Town Officers and act thereon.
To fund the printing and updating of the Code of Falmouth.
To see if the Town will vote to adopt and approve M.G.L. Chapter 44, Section 53E relative to establishing a revolving fund for the expenditures of updating the Code of the Town of Falmouth. All receipts shall be deposited to this fund. Expenditures from said fund shall be authorized by the Town Clerk and shall not exceed $7,000 in Fiscal Year 1998. The Town Clerk shall report annually to the Board of Selectmen the total amount of receipts and expenditures for the preceding fiscal year. This fund shall be authorized annually at which time the above-mentioned provisions may be amended by an Annual Town Meeting vote. Or do or take any other action in this matter. On request of the Town Clerk.
To authorize the Selectmen to settle claims and suits.
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 this matter. On request of the Board of Selectmen.
To set the salaries of the Moderator ($623), Town Clerk ($28,060), Selectmen ($1,500) and Chairman of Selectmen ($2,000).
To see if the Town will vote to fix the salaries of the Elected Officials as follows:
Moderator $623 Town Clerk $28,060 Selectmen (4) $1,500 Chairman of Selectmen $2,000 Or do or take any other action in this matter. On request of the Board of Selectmen.
To appropriate $726 to pay listed Unpaid Bills from the previous Fiscal Year.
To see if the Town will vote to appropriate the sum of Seven Hundred Twenty-six Dollars ($ 726.) for the payment of the listed Unpaid Bills of prior Fiscal Years received too late for payment from the appropriation,
Paramedic Joseph Farland Fire Department $100 Plaza Shell Police Department $326 Teaticket Auto Body Selectmen's Department $100 Sandi's Towing Selectmen's Department $100 Sylvester's Towing Selectmen's Department $100 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.
To approve the Bond of Indemnity to allow for State Public Works projects.
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 nontidal rivers and streams, harbor, tidewaters, foreshores and shores along a public beach, including Merrimack and Connecticut Rivers, in accordance with Section 11 of Chapter 91 of the General Laws and authorize the Board of Selectmen to execute and deliver a bond of indemnity therefor to the Commonwealth. Or do or take any other action in this matter. On request of the Board of Selectmen.
Fiscal Year 1998 Operating Budget.
To see if the Town will vote to appropriate such sums of money as may be deemed necessary to defray the Town's expense for the ensuing year, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.
To authorize the Selectmen to apply for beneficial state and federal grants and hold hearings prior to acceptance of any such grant.
To see if the Town will 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. Or do or take any other action in this matter. On request of the Board of Selectmen.
To allow contractors to store vehicles, supplies and equipment on lots of five acres or more in Agricultural AA Districts by special permit.
To see if the Town will vote to amend Article VIII - Agricultural Districts, Section 240-38, Special Permit Uses, by adding Section 240-38.K. K. In Agricultural AA Districts only, a contractor's yard, by special permit from the Planning Board, under the following standards and requirements, in addition to the requirements of Article XXXXII:
- (1) The lot shall be a minimum of five (5) acres.
- (2) The front yard setback shall be a minimum of seventy-five (75) feet. The side and rear yard setback shall be a minimum of thirty (30) feet. The Planning Board may require greater setbacks where needed to provide sufficient screening and buffer from the street or adjacent properties.
- (3) No contractor's yard shall be permitted in a Water Resource Protection District.
- (4) The lot shall not be located within five hundred (500) feet of a Single Residence District, nor within five hundred (500) feet of a dwelling existing or for which construction had commenced as of April 1, 1997.
- (5) No contractor's yard shall be permitted unless
(i) the Planning Board shall determine that operation of the contractor's yard, including traffic between the contractor's yard and Route 28 or Route 151, Thomas B. Landers Road or Blacksmith Shop Road, will have no adverse impact on a neighborhood predominantly residential in character, and
- (ii) that the construction, width, and grades of the adjacent street and any other street providing access between the contractor's yard and Route 28, Route 151, Thomas B. Landers Road or Blacksmith Shop Road, shall be sufficient for safe travel to and from the site by the vehicles to be stored.
- 6) The Planning Board shall specify hours of operation, the type and number or amount of vehicles, equipment or supplies to be stored, what fabrication of subassemblies shall be allowed, if any, and what accessory activities, such as ordinary maintenance and minor repairs, shall be allowed. No activity such as major repair work, painting or engine cleaning shall be allowed.
Or do or take any other action in this matter. On request of the Planning Board.
To amend Adult Entertainment definitions and special permit criteria in the Zoning ByLaws.
To see if the Town will vote to amend Article III - Definitions of the Zoning Bylaw by inserting the following:Adult Uses: an adult bookstore, an adult motion picture theater, an adult dance club, an adult paraphernalia store, an adult video store and such other uses as provided by Chapter 40A, Section 9A.
Adult Bookstore: an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Massachusetts General Laws, Section 31 of Chapter two hundred seventy-two.
Adult Motion Picture Theater: an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in Massachusetts General Laws, Section 31 of Chapter two hundred seventy-two.
Adult Dance Club: an entertainment establishment which permits a person or persons to perform in a state of nudity as defined by Massachusetts General Laws, Section 31 of Chapter two hundred seventy-two, or an establishment which displays live entertainment which is distinguished or characterized by its emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Massachusetts General Laws, Section 31 of Chapter two hundred seventy-two.
Adult Paraphernalia Store: an establishment having as a substantial or significant portion of its stock devices, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in Massachusetts General Laws, Section 31 of Chapter two hundred seventy-two.
Adult Video Store: an establishment having as a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in Massachusetts General Laws, Section 31 of Chapter two hundred seventy-two.
For purposes of this bylaw, "a substantial or significant portion of its stock" refers to a minimum of 25% of the total stock as determined by the Building Commissioner. and by creating Article XXXXV of the Zoning Bylaw entitled:
ADULT USES
§ 240-229. Intent and Purpose The intent of the bylaw is to regulate the locations of adult uses in order to lessen the harmful secondary effects on adjacent areas. These secondary effects, which are documented in various studies of towns comparable in size and composition to Falmouth, include an increase in crime, a decline in property values, a flight of existing businesses, and gradual blight of residential neighborhoods. The purpose of the Adult Use Bylaw is to prevent crime, maintain property values, protect the Town's retail trade, and protect and preserve the quality of residential neighborhoods. The bylaw does not prohibit adult uses, but rather provides reasonable alternative avenues of expression throughout the Town.
§ 240-230. Special Permit Requirements Adult uses as defined in Article III - Definitions - of the Zoning Bylaw are allowed by Special Permit through the Board of Appeals in Light Industrial A and Business 2 Zoning Districts.
Adult uses must comply with the following requirements in addition to the requirements in Article XXXXII - Special Permits:
A. Dimensional Requirements: The proposed adult use must comply with the following minimum distance separations:
1. A minimum four thousand (4000) foot separation is required from any other adult use.
2. A minimum six hundred (600) foot separation is required from the adult use structure to existing residential uses and districts; educational uses; religious uses; public beaches; and public active recreation facilities, including school athletic fields and facilities, town parks, and the Gus Canty Recreation Center/Fuller Field complex, as documented in Table 4 of the Town's Open Space Element.
3. A minimum five hundred (500) foot separation is required from any establishment licensed under the provisions of Massachusetts General Laws, Section 12 of Chapter one hundred thirty-eight.
4. A twenty (20) foot vegetative buffer containing adequate screening given the character of the neighborhood and the intensity of the use shall be provided between adult uses and abutting commercial uses.
B. Other Requirements:
1. Adequate provisions for security provided by public safety officers must be documented.
2. The applicant or owner must disclose if they have been convicted of violating the provisions of Massachusetts General Laws, Section 63 of Chapter one hundred nineteen or Section 28 of Chapter two hundred seventy-two. A special permit shall not be issued to any person convicted of violating the provisions of Massachusetts General Laws, Section 63 of Chapter one hundred nineteen or Section 28 of Chapter two hundred seventy-two. The applicant is to disclose any and all involvement with other adult uses in the Town.
3. No signs, pictures, publications, videotapes, movies, or other advertising that fall within the definition of adult use or are erotic, prurient, or related to violence, sadism, or sexual exploitation shall be displayed in the windows of, or on the building of any adult use, or be visible to the public from the pedestrian sidewalks or walkways or from other public or semi-public areas outside such establishments.
C. Procedures: Adult use special permits shall only be issued following public hearings held within sixty-five (65) days after filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the town clerk by the applicant. The special permit granting authority shall act within ninety (90) days following the close of a public hearing for which notice has been given by publication or posting as provided in Massachusetts General Laws, Chapter 40A, Section 11, and by mailing to all parties in interest. Failure by a special permit granting authority to take final action upon an application for a special permit within said ninety (90) days following the date of public hearing shall be deemed to be a grant of the permit applied for. Special permits issued by a special permit granting authority shall require a unanimous vote of a three member board.
D. Lapse:
1. Notwithstanding the provisions of § 240-221, a special permit granted under this Article shall lapse after one (1) year, and including such time required to pursue or await the determination of an appeal referred to in Massachusetts General Laws, Chapter 40A, Section 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if the construction has not begun by such date, except for good cause. The determination of good cause shall be made by the special permit granting authority.
2. A special permit issued under this Article shall lapse upon any transfer of ownership or legal interest or change in contractual interest in the subject premises or property. The special permit may be renewed thereafter only in accordance with §240-230 (C) Procedures, above.
Or do or take any other action in this matter. On request of the Planning Board.
To rezone the S.E. corner of Central Ave. and E. Falmouth Hwy. from Agricultural B to Business 3.
To see if the Town will vote to amend the Official Zoning Map by rezoning from Agricultural B to Business 3 the land located at the southeast corner of Central Avenue and East Falmouth Highway, also shown on Town Assessor Map 32, Section 4, Parcel 1, Lots 1 & 2, totaling 57,575 square feet more or less, also shown on a plan entitled: "Plan of land located in Falmouth, Mass. prepared for Robert Pacheco, drawn by Ferreira Associates, dated October 20, 1996; said lots 1 & 2 being subject to a covenant between the Falmouth Planning Board and Robert B. Pacheco, restricting access from lots 1 & 2 onto the State Highway and provides for a twenty foot wide no build buffer strip along the southerly property line of lots 1 & 2 and also said covenant stipulating that upon the vote of Town Meeting and the decision of the Attorney General approving said zoning change the land shown on said plan as lots 3 & 4, totaling 68,854 square feet, more or less, shall be :
- a) subject to a conservation restriction in favor of the Falmouth Conservation Commission, said conservation restriction being held in escrow by Town Counsel, or:
- b) said lots 3 & 4 shall be conveyed to the 300 Committee Land Trust, Inc., or similar not-for profit land trust, said deed transferring title being held in escrow by Town Counsel, or:
- c) said lots 3 & 4 shall be conveyed to the Town of Falmouth under the custody of the Conservation Commission for open space and conservation purposes, said deed transferring title being held in escrow by Town Counsel.
Or do or take any other action in this matter. On request of the Planning Board.
To create a new Black Beach/Great Sippewissett Marsh Overlay District.
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 Overlay District
§240-230.Purpose. The purposes of the Black Beach/Great Sippewissett Marsh Overlay District are: minimize flood hazards within the District, preserve habitat value of the marsh and beach area, alleviate shellfish bed closures, improve water quality and, promote public health, safety and welfare by carefully regulating development to maintain the integrity of the barrier beach system. The grant of powers under this Article shall be construed as broadly as is consistent with the constitution and the laws of Commonwealth
§ 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 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 Overlay 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 Bylaw and is on file in the office of the Town Clerk. All uses of land within the Black Beach/Great Sippewissett Marsh Overlay District as shown on the Official Zoning Map shall be subject to the requirements of these sections.
§ 240-232. Procedures.
- a) Prior to issuing a building permit, special permit or Site Plan Review, the reviewing agency shall refer a copy of the application to the Conservation Commission for review and comment. Utilizing the comments of the Conservation Commission, if any, and the standards of 240-234 below, the reviewing agency shall ensure that the development proposal complies with the purposes found in 240-230 of this Article.
§240-233. Standards. All uses otherwise permitted by this Bylaw shall be permitted within the Black Beach/Great Sippewissett Marsh Overlay District subject to the following standards:
- a) The provisions of Article XVIII of the Zoning Bylaw (Floodplain Zone) at Sections 240-82 and 240-83 shall apply within the entire Overlay District. Where these standards conflict with other provisions of the Zoning Bylaw, the more stringent standard shall apply.
- b) No new structures, including but not limited to dwellings, docks, piers, and shoreline protection structures, shall be constructed within FEMA Velocity (V) Zones as defined in Article III - Definitions, and said structures shall also maintain a 10 foot setback landward from said FEMA Velocity (V) zones.
- c) The minimum front yard setbacks required by § 240-68 of this Bylaw may be reduced to no less than 15 feet, by Special Permit from the Board of Appeals, when necessary in order to further the purposes of this Overlay District.
- d) Any buildable lot created within the Overlay District shall contain at least 8,000 sq. ft. of lot area outside of FEMA Velocity (V) Zones.
- e) Notwithstanding the provisions of Section 240-69 of this Bylaw maximum lot coverage shall not exceed ten percent of the lot area.
- f) Gross floor area shall not exceed ten percent of the lot area or 1200 square feet which ever is greater up to a maximum of 4,000 square feet.
§240-234. Supplementation of other provisions. The requirements of this Article shall supplement the provisions of Article 1, §240-3 for pre-existing, non-conforming structures and uses. In addition to the provisions of § 240-3(C)(1), preexisting, non-conforming structures or uses may be reconstructed, extended, altered or changed (reconstructed) only by obtaining a special permit from the Board of Appeals. The Board of Appeals shall also apply the following standards when considering a special permit for reconstruction, extensions, alterations, or changes to non-conforming structures within the overlay district.
- a) Any such reconstruction, change, extension or alteration shall be consistent with the requirements set forth at § 240-233 (a) through (d) above and shall not be substantially more detrimental to the purposes protected by the Overlay District or to the neighborhood than the existing non-conforming use or structure.
- b) Notwithstanding the provisions of Article I of the Zoning Bylaw concerning the reconstruction, extension, alteration, or change to non-conforming structures, Article II § 240-11 of this Bylaw, and Article XVIII of this Bylaw, no reconstruction shall be permitted within FEMA Velocity (V) Zones if such reconstruction could occur within a FEMA A Zone either on the lot or on contiguous land held in common ownership. If no such land is available then the reconstruction shall comply with this Article to the maximum extent feasible, including but not limited to vertical expansion, reduction in existing impervious surfaces or other measures. Where these requirements may conflict, the more stringent standard shall apply.
§ 240-236. Boundary Disputes If the location of the district boundary, as delineated on the Black Beach/Great Sippewissett Marsh Overlay 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.
§ 240-237 Transfer of Development Rights Any lot within the Great Sippewissett/Black Beach Overlay District shown on a plan endorsed by the Planning Board or described in a deed duly recorded at the Registry of Deeds 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. The provisions of § 240-174.B., § 240-176.B., and § 240-177.A.& B. shall not apply to transfer development rights out of the Great Sippewissett/Black Beach Overlay District. The assignable credit into any zoning district from the Great Sippewissett/Black Beach shall equal two (2). The minimum lot size per unit shall be 40000 square feet for any receiving district.
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.
Or do or take any other action in this matter. On request of the Planning Board.
To rezone land at 326 East Falmouth Highway from Residential C to Business B2.
To see if the Town will vote to amend the Official Zoning Map, by Re-zoning from Residential C to Business B2 the land at 326 East Falmouth Highway, shown as Lot 23; Map 33; Section 12; Parcel 012B. Said Parcel to be re-zoned contains a total of 15,000 sq. ft. owned by Richard J. Smith d/b/a/ Smitty's Homemade Ice Cream. Or do or take any other action in this matter. On request of Richard J. Smith and others.
To appropriate $300,000 to the Road Acceptance and Improvement Act in Article 16 and exempt the amount from Proposition 2 1/2 provisions.
To see if the Town will vote to appropriate the sum of Three Hundred Thousand Dollars ($300,000) to be expended under the jurisdiction of the Board of Selectmen for the purpose of road reconstruction under the provisions of MGL Chapter 59, Section 21C (1 1/2) provided that no sum shall be expended hereunder unless the Town shall have voted at a Town Election to exclude the amounts so appropriated from the provisions of Proposition 2 1/2, so called.Or do or take any other action in this matter. On request of the Board of Selectmen.
To establish a new Road Acceptance and Improvement Fund for the betterment of private roads and sidewalks.
To see if the Town will vote to petition the General Court to enact a proposed Special Act enabling the Town of Falmouth to create a Road Acceptance and Improvement Fund as follows:TOWN OF FALMOUTH PROPOSED SPECIAL ACT ROAD ACCEPTANCE AND IMPROVEMENT FUND Notwithstanding the provision of Section 53 of Chapter 44 of the General Laws or any other general or special law to the contrary, the Town of Falmouth is hereby authorized to establish a Fund, which shall be kept separate and apart from all other monies of said town by the Town Treasurer and in which shall be deposited all road and sidewalk betterment payments received by said town. The Treasurer may invest such funds in the manner prescribed in Sections 54 and 55 of said Chapter 44. Any interest earned thereon shall be credited to and become part of said fund. The principal and income therefrom shall be available for expenditure by the Board of Selectmen without further appropriation for the acceptance and improvement of private ways and the improvements shall be done in accordance with the provisions of Chapter 80 of the General Laws, the so call Betterment Act.
Or do or take any other action in this matter. On request of the Board of Selectmen.
To appropriate $940,000 for constructing and laying water mains and exempt the amount from Proposition 2 1/2 provisions.
To see if the Town will vote to appropriate the sum of Nine Hundred Forty Thousand Dollars ($940,000) for the purpose of constructing and laying water mains in various locations within the Town, including the cost of water department equipment and other costs incidental and related thereto, and to determine whether to raise this appropriation by borrowing or otherwise; provided that no sums shall be borrowed unless the Town shall have voted at a town election to exempt the amounts required to pay for the bonds or notes from the provisions of Proposition 2 1/2, so called. Or do or take any other action in this matter. On request of the Board of Selectmen.
To raise and appropriate $500,000 from previously increased water rates to repair and replace water mains.
To see if the Town will vote to raise and appropriate a sum of money for the purpose of repair and replacement of water mains in the Town. Or do or take any other action in this matter. On request of the Board of Selectmen.
To create a New Silver Beach Sewer Service Area.
To see if the Town will vote to create a New Silver Beach Sewer Service Area and lay out and construct a sanitary sewer system to include all properties within the area and on both sides of the bordering streets that is bounded on the West by Wild Harbor and Silver Beach Harbor, on the North by Grove Street and Glen Avenue on the East by Arlington Street and Beatrice Street and on the South by Hunt Street, as shown on the map entitled "New Silver Beach Sewer Service Area" on file with the Board of Health. Betterments will be assessed to cover all or part of the costs incidental to the design and construction of the sewer system, including any land acquisition costs. Said Sewer Service Area will come under the jurisdiction of the Board of Selectmen. Or do or take and other action in this matter. On request of the Board of Health.
To authorize the Selectmen to apply to the state's Revolving Loan Fund to finance the New Silver Beach sewer project.
To see if the Town will vote to authorize the Board of Selectmen to apply to the Massachusetts Water Pollution Abatement Trust established under Chapter 29C of the General Laws, or any other federal or state agency, for a grant or loan in connection with the financing of the water pollution abatement project described in Article 22 and to take any action that may be necessary or desirable in connection therewith. Or do or take any other action in this matter. On request of the Board of Selectmen.
To determine what percentage of the New Silver Beach Sewer Service Area will be paid by abutting landowners.
To see if the Town will vote to determine what percentage of the cost of building the sewer system in the New Silver Beach Sewer Service Area, which includes land acquisition, design, permitting, construction and equipment costs shall be paid by abutting landowners by betterment assessments and by the Town from other funds. Or do or take any other action in this matter. On request of the Board of Selectmen.
To appropriate $3,567,000 to cover the cost of the New Silver Beach sewer project.
To see if the Town will vote to appropriate a sum of money for the purpose of constructing water pollution abatement facilities consisting of sewer, sewerage systems and sewage treatment and disposal facilities in North Falmouth, including costs of acquiring land and the installation of water mains in connection therewith and for other costs incidental and related thereto, to determine whether to raise this appropriation by borrowing or otherwise and to take any other action related thereto. Or do or take any other action in this matter. On request of the Board of Selectmen.
To appropriate $15,000 to reconstruct drainage on Pinecrest Beach Dr. (from Wedgewood Dr. to Sandwich Rd.).
To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000) for the purpose of reconstructing drainage on Pinecrest Beach Drive from Wedgewood Drive to Sandwich Road, 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, acting as the Board of Public Works.
To amend the waterways Chapter 231 of the Code of Falmouth.
To see if the Town will vote to amend Chapter 231 of the Code of Falmouth, WATERWAYS, by adding the following section to be appropriately numbered by the Town Clerk: Section 321 - XX Regulations
- A. After public notice and public hearing, the Board of Selectmen shall promulgate rules and regulations to effectuate the purpose of this chapter. Notice shall be given at least one (1) week prior to the public hearing by publication in a newspaper of general circulation in the town and by posting with the Town Clerk and posting at the Harbormaster's office.
- B. These regulations shall define key terms and establish procedures of the registration of moorings, assignment of mooring space, establishment and maintenance of a waiting list, inspection of moorings, specifications for moorings, identification of moorings and assignment and collection of fees.
- C. Failure by the Board of Selectmen to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effects of this chapter.
- D. After public notice and public hearing, the Board of Selectmen may amend or otherwise modify these rules and regulations. Notice shall be given at least one (1) week prior to the public hearing by publication in a newspaper of general circulation in the town and by posting with the Town Clerk and posting at the Harbormaster's office.
Or do or take any other action in this matter. On request of the Board of Selectmen.
To appropriate $5000 to replace or repair the Coonamessett River Herring Run.
To see if the Town will vote to appropriate the sum of Five Thousand Dollars ($5,000) for the purpose of engineering and designing for replacement and/or repair of fish ladders, flumes, and dikes along the Coonamessett River Herring Run within the Town owned bogs. 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 Conservation Commission and the Shellfish Constable.
To change the name of the Falmouth Commission on Handicapped Affairs to the Falmouth Commission on Disabilities.
To see if the Town will vote to change the official designation of the Falmouth Commission on Handicapped Affairs to the Falmouth Commission on Disabilities. Or do or take any other action in this matter. On request of the Board of Selectmen.
To seek lower electric rates in the newly deregulated competitive electricity market.
To see if the Town will vote to approve the following Resolution:RESOLUTION TO SEEK LOWER ELECTRIC RATES IN COMPETITIVE ELECTRICITY MARKET
Whereas the Commonwealth of Massachusetts is engaged in a process to establish a competitive marketplace through the deregulation and restructuring of the electric utility industry, and;
Whereas citizens of Falmouth in Barnstable County have a substantial economic, environmental, and social interest at stake, and;
Whereas the town's residential and business consumers are interested in lowering their electric rates and improving service;
Be it therefore resolved that Town Meeting of Falmouth, grant the Board of Selectmen authority to participate in a contract for power supply independently or in joint action with other towns. If such contracts are effected, individual consumers would retain the option not to participate and to choose any alternatives they desire. Or do or take any other action in this matter. On request of the Board of Selectmen.
To appropriate $19,000 from the Wetland Protection Fund to the Conservation Commission's Town Meeting Article Wetland Fund.
To see if the Town will vote to transfer the sum of Nineteen Thousand Dollars ($19,000) from the Wetland Protection Fund to Account Number 01171-58989, the Town Meeting Article Wetland Fund, solely for the use of the Conservation Commission in carrying out its duties under the Wetland Protection Act, M.G.L. Chapter 131, Section 40, as specified by Section 54 of Chapter 287 of the Acts of 1989, in review of projects, issuance of permits and licenses, technical or consultant or legal assistance or any administrative or clerical cost associated with these duties. Or do or take any other action in this matter. On request of the Conservation Commission.
To appropriate $35,000 to the Falmouth Chamber of Commerce's Economic Improvement Program.
To see if the Town will vote to appropriate the sum of Thirty Five Thousand Dollars ($35,000) to be used by the Falmouth Chamber of Commerce to continue to assist, sustain and grow the Economic Improvement Program, begun in 1993, for the purpose of further increasing the domestic and international visitor business in the shoulder seasons which directly benefits the economy of Falmouth, 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.
To appropriate $527 to fund and reclassify the Supervisor of Data Processing position at the Police Department as Grade 09.
To see if the Town will vote to appropriate the sum of Five Hundred Twenty-seven Dollars ($527.) for the purpose of creating and funding the following position in the Town's Position Classification Plan:Add: Supervisor of Data Processing Gr. 09
Delete: Computer Operator Gr. 07
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 Chief of Police.
To appropriate $1,195 to upgrade the Council on Aging Director from Grade11 to Grade12.
To see if the Town will vote to appropriate the sum of One Thousand One Hundred Ninety-five Dollars ($1,195.) for the purpose of amending the Town's Position Classification Plan as Follows:DELETE: Council on Aging Director Gr. 11
ADD: Council on Aging Director Gr. 12
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 Council on Aging.
To appropriate $9,522 to increase the Senior Center's Principal Office Assistant position from 18 hours to 30 hours weekly.
To see if the Town will vote to appropriate the sum of Nine Thousand Five Hundred Twenty-two Dollars ($9,522) for the purpose of amending the Town's Position Classification Plan as follows:Delete: Principal Office Assistant, 18 hours Gr. 08
Add: Principal Office Assistant, 30 hours Gr. 08
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 Council on Aging.
To appropriate $47,926 to provide raises for the seasonal and intermittent town positions.
To see if the Town will vote to appropriate the sum of Forty-seven Thousand Nine Hundred Twenty-six Dollars ($47,926) for the purpose of granting and funding a raise to the following intermittent/seasonal positions in the Town's Position Classification Plan effective July 1, 1997:
Title Step 1 Step 2 Step 3 Step 4 Step 5 Sup. of Beaches 11.13 11.58 12.04 12.52 13.02 Asst. Super. 10.61 11.03 11.47 11.93 12.41 Staff Guard 9.69 10.08 10.48 - - Head Fiscal Clerk 9.69 10.08 10.48 - - Maint. Foreman 9.69 10.08 10.48 - - Water Safety Inst. 7.48 7.78 8.09 - - Head Guard 8.88 9.24 9.61 - - Asst. Head Guard 8.12 8.44 8.78 - - Lifeguard 7.20 7.49 7.79 - - End of Season Lifeg. 8.05 - - - - Clerk 6.27 6.52 6.78 - - Maint. Laborer 6.01 6.25 6.50 - - Parking Attend 5.76 5.99 6.23 - - Parking Lot Sec'ty. 6.01 6.25 6.50 - - Equipment Operator 10.71 11.13 11.58 - - Summer Police Off. 8.16 8.90 - - - Call Fire Fighter 7.39 8.63 9.45 10.34 11.25 Dep. Harbor Master 12.18 12.67 13.18 - - Asst.Harbor Master 9.54 - - - - Dock Mate 5.35 5.57 5.79 - - Seasonal Laborer 5.35 5.57 5.79 - - Sealer/Wts.& Meas. 5210./year - - - - Custdn/Good Will Pk. 9.09 - - - - Playground Staff 6.66 - - - - Sailing Instructor 10.00 - - - -
To determine how the same shall be raised and by whom expended, or do or take any other action in this matter. On request of the Town Administrator.
To appropriate funds for raises per agreement with the International Association of Firefighters, Local 1397. (No agreement currently reached.)
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, 1997, 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 in this matter. On request of the Town Administrator.
To change the date of the Annual Town Election from the third Tuesday in May to a date within 45 days of Town Meeting.
To see if the Town will vote to change the date of the Annual Town Election: FROM: the third Tuesday on May TO: a date in May of each year, said date to be determined by the Board of Selectmen at a meeting of the Board held no later than the preceding January 8th. Said change to be effective at the 1998 Annual Town Election, or do or take any other action in this matter. On request of the Town Clerk.
To reduce the penalty of the Sign Code ByLaw from $300 to $200.
To see if the Town will vote to amend Chapter 184, the town sign code by-law, as follows: Article I, 184-17. Violations and Penalties. AMEND the first sentence to read: "Violations of any provision of this chapter of any lawful order of the Building Commissioner or his/her agents shall be subject to a fine of not more than two hundred dollars ($200) per offense." Or do or take any other action in this matter. On request of the Board of Selectmen.
To raise the minimum height of projecting signs from seven feet to ten feet above the sidewalk.
To see if the Town will vote to amend Chapter 184, the town sign code by-law, as follows:DELETE the current section and REPLACE with the following:
Article I, 184-35. Projecting signs.
"One (1) projecting sign is allowed for each business property in lieu of a free standing sign.
- A. The sign must not exceed six (6) square feet in area.
- B. The bottom of such signs when placed over a pedestrian way must be seven (7) feet above such way.
- C. The sign will not have interchangeable letters nor be internally illuminated.
- D. All Projecting signs must be reviewed by the Design Review Committee for any recommendations.
Or do or take any other action in this matter. On request of the Board of Selectmen.
To amend the Sign Code ByLaw to restrict the use of portable sandwich-board-type signs.
To see if the Town will vote to amend Chapter 184, the town sign code by-law, as follows:Article I,184-30. Definitions and words usage. ADD to Section B.:
"SANDWICH BOARD SIGN - A portable sign constructed of 2 Boards connected at the top, to form a "A" shape when positioned on the ground." Article IV, 184-30. Movable portable or mobile signs.
ADD "Section D. Sandwich board signs. A business or community service may have one (1) sandwich board sign not to exceed eight(8) square feet in area on each side.
- (1) The sign shall advertise perishable goods for sale only, such as food goods of a menu.
- (2) It shall be placed only near the main entrance to the business.
The sign must be of a shape to conform with the space it will occupy outside of the business and it may not block pedestrian traffic on any sidewalk. The sign must be brought in at the close of business each day."
Or do or take any other action in this matter. On request of the Board of Selectmen.
To amend the Sign Code ByLaw reduce the allowable total area of wall signs that are larger than fifty feet in length.
To see if the Town will vote to amend Chapter 184-37, the town sign code by-law, as follows: Article I, 184-37. Wall and roof signs. The second sentence of section D. is INSERTED to read: "If the subject wall exceeds 50 feet in length the allowable percentage for a wall sign shall be five percent (5%)." Or do or take any other action in this matter. On request of the Board of Selectmen.
To appropriate funds to install a water main along Currier Road and the surrounding area.
To see if the Town will vote to appropriate a sum of money for the purpose of installing a water main consisting of 1+ miles on Currier Road (South of Rt. 151) adjoining to Hayway Road, 400+/- ft. in Sarah Lane and 600 +/- ft. in Cape Woods Drive, and hook up all homes on said roads to the Town supply. Said installation shall be done under the betterment laws, and provisions of Chapter 40, Section 42G, 42H. and 42I of the Massachusetts General Laws. Also to determine how said appropriation will be raised, and by whom expended. Or do or take any action thereto. On request of Ann Marie Hocking and others.
To present a resolution to the Interior Department urging the abandonment of the Monomoy Island gull poisonings.
To see if the Town will vote to support the following resolution, a copy of which will be presented to the U.S. Secretary of Interior.WHEREAS the people of the Town of Falmouth have respect for the natural process and the role of all species in Cape Cod's natural habitat.
THEREFORE we hereby petition the United States Fish and Wildlife Service to abandon the gull extermination program that was implemented in 1996 and is scheduled to continue in subsequent years on Monomoy Island in Chatham, Massachusetts.
Or do or take any other action relative thereto. On request of Barbara Winters and others.
To rescind the Selectmen's vote to remove the parking meters from the Main Street area.
To see if the Town will vote to rescind a vote by the Board of Selectmen which permanently removed parking meters from the Main Street area. The installation of the meters was originally authorized by the vote of the 1951 Annual Town Meeting Article 22. Or do or take any other action in this matter. On request of Adrian C.J. Dufresne and others.
To approve the construction of a sewer main extension along Spring Bars Rd. to the property line of the proposed Harbor Edge housing development.
To see if the Town will vote to approve the layout and construction of a sewer main extension along Spring Bars Road, a distance of 900 feet, to the property line of a proposed affordable housing development, Harbor Edge. This property is identified on Assessor's Map 39, Section 15, Parcel 46 and 47 as shown on a plan entitled Preliminary Sewer Plan prepared by Holmes & McGrath dated January 10, 1997. Or do or take any other action in this matter. On request of Robert B. Pacheco and others.
To establish a standing Facilities and Capitol Advisory Committee.
To see if the Town Meeting will vote to establish a standing Facilities and Capital Advisory Committee. Said Committee to include representatives from appropriate town Boards and Committees and be appointed by the Board of Selectmen.The Facilities and Capital Advisory Committees shall coordinate the development of short and long term priorities for municipal building projects and other related capital projects, so as to best use the town's facilities and financial resources. The mission of this Committee shall be to provide communication, coordination and cost effective planning for the town's capital outlay budget process. The Committee shall submit an annual report to the town.
Or do or take any other action in this matter. On request of Marguerite K. McElroy and others.
To acquire land at the intersection of Gifford St. and Dillingham Ave. for the site of a new fire station.
To see if the Town will vote to appropriate a sum of money and authorize the Board of SelectmenTO PURCHASE OR TAKE BY EMINENT DOMAIN land at the intersection of Dillingham Avenue and Gifford Street in Falmouth, Barnstable County, Massachusetts, being shown on Falmouth Assessors Map as follows - 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 and for the purpose of designing and constructing a fire department headquarters station on said land with equipment and furnishings, including land acquisition and costs incidental and related thereto, and that to raise this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow under the provisions of Ch. 44, Section 7(3) and (3A) of the General Laws, or any other enabling authority, to issue bonds or notes of the Town therefore; provided that no sum shall be borrowed hereunder unless the Town votes to exempt the amount required to pay for the bonds or notes for the project from the provisions of Proposition 2 1/2, so called.
Or do or take any other action in this matter. On request of Frederic W. Schneider and others.
To support Ocean Arks' program to develop a floating biological filter for nitrogen removal in Falmouth's ponds.
To see if the Town will vote to adopt the following resolution:Whereas, the Town of Falmouth exhibits great concern for efforts to protect its environment from deterioration; and,
Whereas, Ocean Arks International, a Falmouth based not for profit research and education organization has designed a floating environmental filter for nitrogen removal; and,
Whereas, in a collective effort this agency is developing a program for improving ponds in Falmouth;
Now therefore, the Town Meeting hereby encourages and supports the efforts of Falmouth through Ocean Arks International to further design and develop a floating biological filter for nitrogen removal in the ponds of the town. Or take any other action relative thereto. On request of the Board of Selectmen.
To provide funding for articles approved by this session of Town Meeting.
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 in this matter. On request of the Finance Committee and the Board of Selectmen.
Hereof fail not and make due return of this warrant with your doings thereon to the Town Clerk at the time and place of holding said meeting. Given under our hand this 4th day of March in the year of our Lord one thousand nine hundred and ninety-seven.
Virginia Valiela
Mary Pat Flynn
Matthew Patrick
Edward Marks, Jr.
Troy B. G. Clarkson
BOARD OF SELECTMEN
Publication date: March 4, 1997