This is an unofficial version of Falmouth's Fall Warrant. We have added brief summaries to each article.
WARRANT FOR THE ANNUAL FALL TOWN MEETING
MONDAY, NOVEMBER 17, 1997 AT 7:00 P. M.
for action on Articles in the Warrant
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 your 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 17, 1997 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 Two Thousand Eight Hundred Thirty-four Dollars ($2,834.) 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.
Town Hall Square Associates Human Services $594.00
Teaticket Towing Selectmen $200.00
Staples Affirmative Action $47.00
Falmouth Hospital Animal Control $78.00
Neurosurgeons of Cape Cod Selectmen $1,575.00
M. Sylvester Towing Seletmen $90.00
Laurie McNee Personnel $250.00
ARTICLE 02: To see if the Town will vote to amend Article III Definitions of the Zoning Bylaw by inserting the following:
Use: The purpose for which land or a building is arranged, designed, or intended, or for which land or a building is or may be occupied.
Multiple Use: Any combination of uses allowed as a matter of right or special permit on a single lot which may require separate permits for construction, occupancy, business certification, license to sell food or alcohol, or other municipal approval. Or do or take any other action on this matter. On request of the Planning Board.
ARTICLE 03: To see if the Town will vote to amend Article XXII Parking Requirements. § 240-108. Table of Minimum Requirements, of the Zoning Bylaw by adding the following under the heading NONRESIDENTIAL:
Medical/Dental Office 1 space per 150 square feet leasable floor area or 4 spaces per doctor, whichever is greater. Convenience Store 1 space per 150 square feet leasable floor area. Motor Vehicle Service Station 2 spaces per service bay, 1 space per 3 gasoline pumps, and 1 space per employee.
and by adding at the end of §240-108 the following:
"Except where otherwise specified, all uses noted above, except dwelling units having 2 or more bedrooms, dwelling units having fewer than 2 bedrooms, and multifamily developments, are required to provide an additional one (1) space per one and one-half (1½) employees, based upon the greatest number of employees in attendance at any one time."
And by amending §240-109. Parking area design and location, by adding
Motor Vehicle Service Stations; site standards.
Setbacks for stacking areas. Motor vehicle stacking areas shall be setback a minimum of ten (10) feet from all property lines.
Dimensional requirements for stacking spaces. Each stacking space shall be a minimum of ten (10) feet wide and twenty (20) feet long and shall not include the use of any parking space, street, sidewalk or parking aisle area. Stacking areas shall be separated from other internal driveways.
Stacking area requirements. Vehicle stacking areas shall be provided at a rate of two (2) stacking spaces per three (3) gasoline pumps.
And by amending Article III Definitions. §240-13, by amending the definition of STACKING AREA by adding "or a gasoline pump" to the end of the definition to read:
"A queuing area made up of individual stacking spaces for motorists who remain in their vehicles awaiting service at a drive-thru window or a gasoline pump."
And by amending Article XXXVIII Major Plan Review. §240-189.A. Application requirements, by adding "stacking spaces" after parking spaces to read:
"Plans subject to major plan review shall be prepared by a registered architect, landscape architect or professional engineer. The site plan shall be prepared at a scale no greater than one (1) inch = forty (40) feet, and shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, stacking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse and other waste disposal ¼"
and by amending Article XXXIX Site Plan Review. §240-195.A. Application requirements, by adding "stacking spaces" after parking spaces to read:
"Plans subject to site plan review shall be prepared by a registered architect, landscape architect or professional engineer. The site plan shall be prepared at a scale no greater than one (1) inch = forty (40) feet, and shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, stacking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse and other waste disposal ¼" Or do or take any other action on this matter. On request of the Planning Board.
ARTICLE 04: To see if the Town will vote to amend Article XXV - Planned Residential Development - of the Zoning Bylaw by deleting the word "prior" from the third sentence of §240-126.A. and adding the following after the first sentence of §240-126.A.
"To demonstrate the maximum number of dwelling units an applicant shall submit a conventional preliminary subdivision plan of land showing a lot layout complying with the minimum lot area, lot frontage and lot width requirements of the Zoning Bylaw with a street layout which complies with the Planning Board's Rules and Regulations Governing the Subdivision of Land."
so as to read:
"The maximum number of dwelling units permitted within the perimeter (total area) of a planned residential development shall be determined by the standard density allowed in the district in which the planned residential development is located, as set forth in Article XIV but after subtracting that land area excluded under Section 240-124. To demonstrate the maximum number of dwelling
units an applicant shall submit a conventional preliminary subdivision plan of land showing a lot layout complying with the minimum lot area, lot frontage and lot width requirements of the Zoning Bylaw with a street layout which complies with the Planning Board's Rules and Regulations Governing the Subdivision of Land. Density may be less where a determination is made by the Planning Board that physical and topographic features of the land would preclude attainment of such density under existing zoning." 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 Zoning Bylaw by deleting Article XXXVIII Major Plan Review in its entirety and by amending Article XXXIX-Site Plan Review of the Zoning Bylaw by
deleting §240-192 and inserting in its place the following
240-192. Applicability: Any new development or expansion in use, other than one single family or one two-family residence on a lot which would add one thousand (1000) square feet or more of gross floor area or which would under the parking schedule Table of Minimum Requirements of §240-108 require a total of five (5) or more parking spaces based on both existing and new development; or any change of use which would under the parking schedule Table of Minimum Requirements of §240-108 require five (5) or more parking spaces based only on new development; shall be permitted only upon the approval of the Planning Board for site plan review.
deleting §240-194 Action in its entirety and inserting in its place the following:
240-194. Action. The Planning Board shall act within ninety (90)days of receiving a complete application for site plan review. Failure by the Planning Board to take final action upon an application shall be deemed to be a granting of the review applied for. The issuing of the site plan review shall require a majority vote of the Board.
deleting the first two sentences of §240-195 Application Requirements in and inserting in its place the following:
240-195 Application Requirements.
A. Plans subject to site plan review shall be prepared by a registered architect, landscape architect or professional engineer. The site plan shall be prepared at a scale no greater than one (1) inch = forty (40) feet, and shall show all existing and proposed buildings, contour elevations, structures, parking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse and other waste disposal and for surface water drainage, landscaping features such as fences, walls, trees and planting areas, walks and lighting. The site plan shall show all resource areas excluded from lot area calculations as described in the definition of Lot Area found in §240-13, all FEMA "V" and "A" zones, and surface water bodies. The applicant shall submit a plan showing only existing conditions when required by the Planning Board. 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 III - Definitions - of the Zoning Bylaw by inserting the following :
Common Driveway: A vehicular way, which is not a street, providing access to three or more residential, industrial or commercial lots.
and by amending Articles V,VI,VII,VIII,X,XI, & XII of the Zoning Bylaw by inserting the following:
§240-23.J, Common Driveway, by special permit from the Planning Board
§240-28.J. Common Driveway, by special permit from the Planning Board
§240-33.J. Common Driveway, by special permit from the Planning Board
§240-38.K. Common Driveway, by special permit from the Planning Board
§240-51.A.(13) Common Driveway, by special permit from the Planning Board
§240-57.N. Common Driveway, by special permit from the Planning Board
§240-63.J. Common Driveway, by special permit from the Planning Board
and by amending §240-111. Site Design of the Zoning Bylaw by inserting after the words "¼building location" the words "access ways and driveways, including Common Driveways" so as to read in its pertinent part:
"¼the design of the building form, building location, access ways and driveways, including common driveways, egress points, grading and other elements of the development ¼"
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 Agricultural AA to Light Industrial A or Light Industrial B the following two parcels owned by Acme Cesspool Service, Inc.: (1) 8.86 acres, more or less, on the westerly side of Research Road, being shown on Assessors Map 15 Section 04 Parcel 016 Lot 004; and (2) 12.6 acres, more or less, on the easterly side of Research Road and on the southerly side of Thomas B. Landers Road, being shown on Assessors Map 15 Section 04 Parcel 015A Lot 002; or do or take any other action in this matter. On request of Susan E. Usher and others.
ARTICLE 08: To see if the Town will vote to amend Chapter 240 "Zoning" of the Falmouth Code as follows:
Delete in its entirety under Article II, Development Rate Limitation, Section 240-6 through 240-10 and renumber Sections 240-11 and 240-12 accordingly. Or do or take any other action in this matter. On request of David Wald and others.
ARTICLE 09: To see if the Town will vote to amend Chapter 240 "Zoning" by deleting Section 240-7 in its entirety and inserting the following new language:
Section 240-7: Building permit limitation.
During periods of rapid building activity, that is when permit issuance would bring the townwide total to more than two hundred fifty (250) single family dwellings authorized within twelve (12) consecutive months beginning April 6, 1987, including those permits in current application but not permits which have lapsed or been withdrawn, the Building Commissioner shall only issue permits for construction of new single family dwellings for applications which are allowed under any of the following:
A. Small developer: not more than five (5) single family dwellings have been authorized on permits issued to any one (1) applicant within the twelve (12) month period;
B. Small development: permit issuance will result in not more than five (5) new single family dwellings have been authorized by the town within the twelve (12) month period for this lot plus all contiguous property which has been in the same ownership at any time subsequent to the protection against subsequent zoning change granted to land shown as a definitive subdivision plan by MGL C. 40A, Section 6;
C. A lot, or lots, subject to a valid special permit or variance; or
D. A lot, or lots, located within a Planned Residential Development and subject to subdivision phasing and/or growth limitations or within a subdivision having received Planning Board approval or shown on a plan endorsed by the Planning Board; or individual lot owners within said subdivision or development.
Not included in the single family dwelling density calculations are the following: assisted living units, affordable housing units, multifamily dwelling projects approved by the Zoning Board of Appeals, and Accessory Apartments. Or do or take any other action in this matter. On request of Stephen H. Johnson and others.
ARTICLE 10: To see if the Town will vote to accept the doings of the Selectmen in the laying out of the following listed roads according to a plan on file with the Town Clerk for taking as a public way:
Street Length
Street Length
Carl Landi Circle 3290'
Antone Avenue 1850'
Ravenwood Circle 390'
Ennsbrook Drive 1540'
Woodland Road 1300'
Viewcrest Drive 1740'
Quail Street 245'
Pheasant Lane 2310'
Ruth Terrace 260'
Ashton Avenue 450'
Pembroke Avenue 640'
Old Kenyon Road 900'
Oak Grove Avenue 680'
Grouse Street 1325'
Hawthorne Court 590'
Under the provisions of Chapter 80 of the Massachusetts General Laws, the cost will be recovered by 100% betterment assessments to the land which receives the benefit. Or do or take any other action in this matter. On request of the Board of Selectmen.
ARTICLE 11: To see if the Town will vote to accept the doings of the Board of Selectmen in laying out the following roads according to a plan on file with the Town Clerk; Fox Run 2200', Waters Edge, 300'; and Jeffery Lane 733'. Or do or take any other action on this matter. On request of the Board of Selectmen.
ARTICLE 12: To see if the Town will vote to approve the sale of the following identified parcels as recommended:
Street Map & Parcel # Ward Street, North Falmouth 02a/07/006/009 and 02a/07/006A/017 Chester Street, North Falmouth 02a/11/038/000 Spectacle Pond Drive, Hatchville 11/01/026/062(a) Turner Road, Hatchville 11/02/004a/000 Galleon Drive, Hatchville 11/02/007/145 Quaker Road, West Falmouth 14/04/001/007 Fawn Circle, East Falmouth 22/02/023/076 Baptiste Lane, East Falmouth 29/05/007/000 Pelican Lane, Falmouth 47b/01/032/000
Or do or take any other action on this matter. On request of the Board of Selectmen.
ARTICLE 13: 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 14: 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 15: To see if the Town will vote to appropriate the sum of Two Hundred Seventy-five Thousand Dollars ($275,000.) 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 16: 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 17: To see if the Town will vote to appropriate the sum of Fifty Thousand Dollars ($50,000.) 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 18: To see if the Town will vote to appropriate the sum of Forty Thousand Dollars ($40,000.) for the purpose of building maintenance for 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 19: To see if the Town will vote to appropriate the sum of Twenty-five Thousand Dollars ($25,000.) for the purpose of resurfacing (1/2 the distance) the Bike Path, 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 appropriate the sum of Fifty Thousand Dollars ($50,000.) for the purpose of installing an elevator 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 21: To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000.) for the purpose of purchasing Body Armor 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 22: To see if the Town will vote to appropriate the sum of Fifteen Thousand Dollars ($15,000.) 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 23: To see if the Town will vote to appropriate the sum of Thirty Thousand Dollars ($30,000.) for the purpose of purchasing a Pick-up 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 24: To see if the Town will vote to appropriate the sum of Thirty-seven Thousand Dollars ($37,000.) for the purpose of purchasing a Paramedic Vehicle 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 25: To see if the Town will vote to appropriate the sum of Fifty Thousand Dollars ($50,000.) for the purpose of Fire Department Building 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 26: To see if the Town will vote to appropriate the sum of Thirty Thousand Dollars ($30,000.) for the purpose of funding the revaluation for the Board of 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 27: To see if the Town will vote to appropriate the sum of Forty Thousand Dollars ($40,000.) for the purpose of purchasing imaging equipment and associated records conversion costs for the Clerk's Office, 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 Forty Thousand Dollars ($40,000.) for the purpose of purchasing Data Processing 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.
ARTICLE 29: To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of Library Building repairs, 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 Five Thousand Dollars ($5,000.) for the purpose of redesigning space at the 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 Board of Selectmen.
ARTICLE 31: To see if the Town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.) for the purpose of exterior 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 32: To see if the Town will vote to appropriate the sum of Ten Thousand Dollars ($10,000.) to replace the floor cleaner 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 33: To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of reconfiguration of the parking lot at Gus Canty Recreation Center, 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.
ARTICLE 34: To see if the Town will vote to appropriate the sum of Twenty Thousand Dollars ($20,000.) for the purpose of painting at the Senior 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 35: To see if the Town will vote to appropriate the sum of One Hundred Thousand Dollars ($100,000.) for the purpose of School Department Facilities, 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 Forty Thousand Dollars ($40,000.) for the purpose of resurfacing beach parking lots, 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-three Thousand Dollars ($23,000.) for the purpose of replacing the Department of Natural Resources Truck, 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 Ten Thousand Dollars ($10,000.) for the purpose of purchasing communication equipment for the Building 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 39: To see if the Town will vote to appropriate the sum of Thirteen Thousand Dollars ($13,000.) for the purpose of purchasing Aids to Navigation/Electronics for the Harbormaster, 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 Twenty Thousand Dollars ($20,000.) for the purpose of Electrical Maintenance at Falmouth Harbor, 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 Eight Thousand Five Hundred Dollars ($8,500.) for the purpose of replacing Marine Engines for the Harbormaster, 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 Fifty Thousand Dollars ($50,000.) for the purpose of the Coastal Drainage Program, 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 Twenty Five Thousand Dollars ($25,000.) for the purpose of replicating the historic fence around the Village Green, 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 Board of Selectmen.
ARTICLE 44: To see if the Town will vote to appropriate the sum of Fifty Thousand Dollars ($50,000.) for the purpose of construction of the Oyster Pond Weir, 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 appropriate the sum of Fifty Thousand Dollars ($50,000.) for the purpose of repairs to the Arts Council Building, 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 46: To see if the Town will vote to consolidate all the appropriations previously approved for Articles 13 through Article 45 and transfer the same to the Fiscal Year 1998 Capital Improvement Fund, or do or take any other action in this matter. On request of the Town Administrator.
ARTICLE 47: To see if the Town will vote to appropriate the sum of One Hundred Five Thousand Seven Hundred Fifty Dollars ($105,750.) for the purpose of completing the Trotting Park Recreation Project, 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 Board of Selectmen.
ARTICLE 48: To see if the Town will vote to appropriate the sum of Thirteen Thousand Three Hundred Eleven Dollars ($13,311.) for the purpose of purchasing a new postage machine for Town Hall, 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.
ARTICLE 49: To see if the Town will vote to grant easements on Town owned land to Commonwealth Electric Company for: location of an underground cable and transformer off Hatchville Road; installation and maintenance of one (1) stub pole at Town Hall Square. Or do or take any other action in this matter. On request of the Board of Selectmen.
ARTICLE 50: To see if the Town will vote to transfer the sum of Three Thousand Five Hundred Dollars ($3,500) from account # 01451-58001 (Hidden Village Water Main) and appropriate the sum of Two Thousand Dollars ($2,000) from available funds for a total of Five Thousand Five Hundred Dollars ($5,500) for the purpose of inspecting and cleaning the interior of the 1.0 M.G. chlorine contact tank at Long Pond. Or do or take any other action in this matter. On the request of the Board of Selectmen.
ARTICLE 51: To see if the Town will vote to transfer the total sum of Thirteen Thousand Four Hundred Dollars ($13,400) ($8,500 from available funds and $4,900 from account #40451-57790, Insurance Recovery) for the purpose of conducting a wetlands assessment and preparing a wetlands monitoring program for the Coonamessett Well. Or do or take any other action in this matter. On request of the Board of Selectmen.
ARTICLE 52: To see if the Town will vote to transfer the sum of Four Thousand Five Hundred Dollars ($4,500) from account # 01451-58001 (Hidden Village Water Main) for the purpose of purchasing a PC computer system and associated software license for the Water Plant. Or do or take any other action in this matter. On request of the Board of Selectmen
ARTICLE 53: To see if the Town will vote to transfer the sum of Eighteen Thousand Dollars ($18,000) from account # 01451-58001 (Hidden Village Water Main) for the purpose of computerized mapping of the Town sewer system, or do or take any other action in this matter. On request of the Board of Selectmen.
ARTICLE 54: To see if the Town will vote to ratify the Retirement Board's acceptance of Chapter 17 of the Acts of 1997, An act authorizing the payment by the retirement system, from investment earnings, cost of living allowances to retired members of the Falmouth Retirement System. Or do or take any other action in this matter. On request of the Retirement Board.
ARTICLE 55: To see if the Town will vote to authorize the Board of Library Trustees to dispose of surplus library materials by making a gift or donation of the same to any public or private not-for-profit and tax exempt organization. Or do or take any other action in this matter. On request of the Board of Library Trustees.
ARTICLE 56: To see if the Town will vote to amend Chapter 160, Article 1,§160-6, of the Falmouth Code as follows: No Hawker or peddler shall sell or offer for sale any goods, wares or merchandise on any street of the town within five hundred (500) feet of any public or private educational institution or the grounds thereof on days when such educational institutions are in session or on any day between May 1st and September 15th within five hundred (500) feet of any public beach or parking area under the jurisdiction of the Beach Committee without prior agreement of the Beach Committee with the exception of hawkers or peddlers located in pre-existing commercially zoned structures in the area of Falmouth Heights beach. In addition the Police Chief or any of his agents may restrict sales in any location within town that is determined to be a safety hazards to pedestrian or vehicular traffic. (BOLD text added with no other changes). Or do or take any other action in this matter. On request of the Beach Committee.
ARTICLE 57: To see if the Town will vote to appropriate the sum of Five Thousand Dollars ($5,000) for the purpose of purchasing water quality monitoring equipment for fecal coliform bacteria in shellfish beds. Or do or take any other action in this matter. On request of the Shellfish Constable.
ARTICLE 58: To see if the Town will vote to appropriate a sum of money received from the State Foundation Reserve Program for the purpose of providing supplies and materials, special education services, other needed services and programs, and support staff positions. Or do or take any other action in this matter. On request of the School Committee.
ARTICLE 59: To see if the Town will vote to appropriate a sum of money for the purpose of providing supplies and materials and special education services, 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 School Committee.
ARTICLE 60: To see if the Town will vote to rescind its approval of Article 25 of the 1996 Annual Spring Town Meeting that authorized the Treasurer with the approval of the Board of Selectmen, to borrow the sum of Five Hundred Thousand Dollars ($500,000) for the purpose of installing water mains on Boxberry Hill Road and Hatchville Road. Or do or take any other action in this matter. On request of the Treasurer.
ARTICLE 61: To see if the Town will vote to appropriate the sum of Three Million Five Hundred Thousand Dollars ($3,500,000.) for the purpose of capping the landfill area, including costs incidental and related thereto, and to determine whether to raise this appropriation by borrowing or otherwise, or to take any other action related thereto. Or do or take any other action in this matter. On request of Board of Selectmen.
ARTICLE 62: 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 financing of the Three Million Five Hundred Thousand Dollar ($3,500,000.) capping of the Falmouth landfill 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.
ARTICLE 63: To see if the Town will vote to appropriate the sum of Eighteen Thousand Dollars ($18,000) for the purpose of purchasing a Ball Diamond Machine, 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.
ARTICLE 64: 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 in this matter. On request of Board of Selectmen, acting as the Board of Public Works.
ARTICLE 65: To see if the Town will vote to appropriate the sum of Twenty Three Thousand Dollars ($23,000.) for the purpose of improving water quality of the Coonamessett River, 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 Board of Selectmen.
ARTICLE 66: To see if the Town will vote to appropriate the sum of Twenty Two Thousand, Three Hundred Seventy-five Dollars ($22,375.) for the purpose of offsetting the regional library services budget increase, 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 Board of Selectmen.
ARTICLE 67: To see if the Town will vote to appropriate the sum of Five Thousand Dollars ($5,000.) for the purpose of replacing equipment, furniture, furnishings in the office of the Board of Registrars, including associated costs, 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 Board of Registrars.
ARTICLE 68: To see if the Town will vote to amend the Salary Administration Plan as follows:
ADD: Office Assistant - Registrar of Voters - Grade 05
Or do or take any other action in this matter. On request of Registrar of Voters.
ARTICLE 69: To see if the Town will vote to appropriate the sum of Four Thousand Four Hundred Dollars ($4,400.) for the purpose of purchasing a copy machine for the Harbor Master's office, 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 Harbor Master.
ARTICLE 70: To see if the Town will vote to allow the Board of Selectmen to file a Special Act of the Legislature to allow the Board of Selectmen to appoint no more than three (3) associate members of the Conservation Commission for terms not to exceed two (2) years each. Such associate members may be designated by the chairman of the Commission to sit on the Board in place of an absent member, in case of absence of a quorum or failure of a quorum by reason of a conflict of interest or other reason or in the event of a vacancy on said Commission until said vacancy is filled in the manner provided in M.G.L., Chapter 40, Section 8C. Or do or take any other action in this matter. On request of the Conservation Commission.
ARTICLE 71: 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 cost 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.
ARTICLE 72: 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, sewage systems and sewage treatment and disposal facilities in North Falmouth, including costs of acquiring land and the installation of water mains in connection 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.
ARTICLE 73: To see if the Town will vote to PURCHASE OR TAKE, BY EMINENT DOMAIN, a parcel of land on Silver Beach Avenue in North Falmouth, containing 5,035 square feet and shown on Falmouth Assessors Map 4A, Section 31, Parcel 000, Lot 662, owned by Margaret R. Harris and more particularly described in a deed recorded in the Barnstable County Registry of Deeds in Book 1496, Page 647, 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.
ARTICLE 74: To see if the Town will vote to PURCHASE OR TAKE, BY EMINENT DOMAIN, a certain parcel of land located at the corner of Wild Harbor Road and Glen Avenue in North Falmouth, containing 15.80 acres and shown on Falmouth Assessors Map 05, Section 01, Parcel 088, Lot 000, and presently owned by Marvin A. Gordon and Ruth J. Hinerfeld, and more particularly described in a deed recorded in the Barnstable County Registry of Deeds in Book 1520, Page 1154, 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.
ARTICLE 75: To see if the Town will vote to PURCHASE OR TAKE, BY EMINENT DOMAIN, a certain parcel of land on Silver Beach Avenue in North Falmouth, containing 4,500 square feet and shown on Falmouth Assessors Map 4A, Section 31, Parcel 000, Lot 663, owned by Susan C. Malloy, and more particularly described in a deed recorded in the Barnstable County Registry of Deeds in Book 1366, Page 782, 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.
ARTICLE 76: To see if the Town will vote to amend the schedule of fees of the Town Clerk and Town Treasurer as follows:
From To1. Certification:
a Of plans approved by the Planning Board
2.00
b Of residency 2.00
5.00
c Of residency for applications to educational institutions
.00
d Voter Identification Card 2.00
3.00
2. Checks:
a Returned for insufficient funds having been issued to the town for any purpose (M.G.L. Ch. 44, Sec. 69) 20.00
25.00
b Redistribute payroll or vendor payments in compliance with court order; federal or state garnishment; or due the town as certified by the Town Collector 1.00
5.00
3. Copies:
a Attested town document or vital record 2.00 & 5.00
5.00
b. Bylaws 1 Full copy of The Code of the Town of Falmouth
160.00
2 Subscription to Code supplement service (annually)
60.00
3 General Bylaws (each page from Code of Falmouth) .20
.20
4 Zoning Bylaws Booklet (up to date) 20.00
25.00
c. Lists 1 Census (alphabetical); Census (by address); Registered Voter; Employees of the Town; Business D.B.A., etc.
a) On computer disc
35.00
b) Printed on computer paper 35.00
50.00
c) Printed on 8 1/2 x 11" paper (per page) .20
.20
d) Printed on continuous labels (customer supplied):
per page
.02
per box
25.00
2 Census (by address) in published form
25.00
d. Non-attested photocopy (per page) .20
.20
e. Town Board/Committee/Commission
1) Certificate of No Appeal 1.00
2.00
2) Certified copy of Decision 2.00
3.00
3) Map (when available) (per page)
3.00
4) Order of Conditions (per page) .20
.20
5) Plan (per page)
3.00
4. Certificate, License, Permit, Registration:
a. Certificate:
Business (d/b/a)
Original filing (4 years) 10.00
20.00
Record amendment 5.00
5.00
Record discontinuance 5.00
5.00
b. License Dogs
Neutered/Spayed (per year) 3.00
3.00
Male/Female (per year) 6.00
10.00
Dogs under 6 months of age .00
5.00
Kennel (see Kennel Bylaw)
Hunting, fishing: see fee schedule issued by Massachusetts Division of Fish and Wildlife
c. Permit:
1) Auction (1 year) 10.00 15.00 2) Fuel Storage (yearly) 25.00 25.00 3) Raffle or Bazaar (issue or renew) 10.00 10.00 d. Registration: 1) Pole location (M.G.L. Ch.166, Sec.22) a) Order granting location of poles, etc. (1 street) 25.00 25.00 b) Each additional street in such order 5.00 5.00 2) Physician, Podiatrist, Optometrist, Electrologist, etc. 10.00 15.00
5. Recording:
a. Declaration of Trust 10.00 15.00 Miscellaneous private or public documents 2.00 10.00 Power of Attorney 5.00 10.00
6. Research:
All research other than UCC will be conducted at the hourly
rate of the lowest paid staff member capable of conducting
such research.
7. Uniform Commercial Code: (most recently updated UCC fee schedule)
8. Vital Records: (birth, death, marriage):
a. Correct error; or enter amended/delayed record; or file paternity statement 10.00 20.00 d. Marriage - prepare intention, issue license, and mail first attested copy of marriage record. 10.00 15.00 9. Voter Registration Office fees:
a. Voter Identification Card 2.00
3.00
b. Alpha Census List 15.00
15.00
c. Voter list (printed on computer paper) 7.50
25.00
d. Street Book - (at town's annually negotiated cost)
e. Set of computer printed labels (customer supplied) 5,000 labels
25.00
f. Labels -- price per label (customer supplied labels) (each)
.02
10. All other fees, if not set herein, nor listed among the schedule of fees as set annually by the Board of Selectmen, nor as assigned under any section of the
Code of the Town of Falmouth, shall be charged according to schedules set forth under the provisions of appropriate sections of Massachusetts General Laws, or do or take any other action in this matter. On request of the Town Clerk.
ARTICLE 77: To see if the Town will vote to amend the General By-laws, Chapter 49, Section 2 of the Code of Falmouth, as follows
DELETE: "The Town Clerk shall further publish a copy of the warrant in the newspaper circulating throughout the Town fourteen (14) days before the Annual Spring Town Meeting, the Annual Fall Town Meeting and any Special Town Meeting."
REPLACE WITH: "The Board of Selectmen shall publish a copy of the Warrant in the newspaper circulating throughout the Town fourteen (14) days before the Annual Spring, the Annual Fall Town Meeting and any Special Town Meeting."
Or do or take any other action in this matter. On request of the Town Clerk.
ARTICLE 78: To see if the Town will vote to amend Article III, §184, the Town Sign Code By-Law as follows:
DELETE the current §184-12 A and REPLACE with the following:
A. Purpose. The purpose of the Design Review Committee will be to provide advisory recommendations to the Building Commissioner on decisions to grant permits to certain business signs and to grant variances from this Chapter. The Design Review Committee will periodically review the existing Sign Bylaw and advise the Board of Selectmen as to desirable modifications. Or do or take any other action in this matter. On request of the Design Review Committee.
ARTICLE 79: To see if the Town will vote to amend Article III, §184, the Town Sign Code By-law as follows:
DELETE from §184-20 A. through C. (all) "Board of Selectmen" and
REPLACE with "Design Review Committee".
Or do or take any other action in this matter. On request of the Design Review Committee.
ARTICLE 80: To see if the Town will vote to amend Article III, §184, the Town Sign Code By-law as follows:
DELETE from §184-20 C.
"Any person aggrieved by a decision of the Board of Selectmen, whether or not previously a party to the proceeding, may appeal to a court of competent jurisdiction within twenty-one (21) days after the entry of the decision with the Town Clerk." and
REPLACE with
"Any person aggrieved by a decision of the Design Review Committee, whether or not previously a party to the proceedings, may appeal to the Board of Selectmen, by applying in writing, within twenty-one (21) days of the date of a determination by the Design Review Committee, to the Office of the Board of Selectmen, for a hearing date. Or do or take any other action in this matter. On request of the Design Review Committee.
ARTICLE 81: To see if the Town will vote to appropriate a sum of money for the purpose of purchasing street lights, to determine whether to raise this appropriation by borrowing or otherwise and to take any other action related thereto. On request of the Board of Selectmen.
ARTICLE 82: To see if the Town will vote to approve the Project Certification Application submitted by Acusonics/ORE Technology for the development of their facility proposed in the Falmouth Technology Park Economic Opportunity Area. The Form of this Agreement has been submitted to this Town Meeting. This approval shall confirm that the Project Certification Application is consistent with the Economic Opportunity Area (EOA) designation approved by Town Meeting, that the project will not overburden the Town's infrastructure and utilities servicing the EOA, and the project as described in the Project Certification Application , will increase employment opportunities for residents of Falmouth and Cape Cod. Or do or take any other action in this matter. On request of the Board of Selectmen.
ARTICLE 83: To see if the Town will vote to hear a report on the installation of parking meters along Main Street. Or do or take any other action in this matter. On request of the Board of Selectmen.
ARTICLE 84: To see if the Town will vote to approve amendments to the Falmouth Home Rule Charter adopted by vote of the Town on May 15, 1990, which amendments related to Article II, Representative Town Meeting as recommended by the Charter Review Committee in its final report to the Selectmen dated September 19, 1997, summarized below:
Or do or take any other action in this matter. On request of the Board of Selectmen.
- Publish Town Meeting member attendance records:
- Provide for roll call and standing votes;
- Provide for orientation of new Town Meeting members and publishing written procedures for Town Meeting;
- Declare Town Meeting seats vacant if the member fail to attend all but three sessions in an 18 month period without a reasonable excuse;
- Establish a Standing Committee of Town Meeting members to review and recommend Town Meeting procedures and related by-laws; and
- Require the Watchman of the Warrant to present a written progress report on each passed article to be printed in the Annual Town Report.
ARTICLE 85: To see if the Town will vote to approve amendments to the Falmouth Home Rule Charter adopted by vote of the Town on May 15, 1990, which amendments related to Article III, Board of Selectmen, as recommended by the Charter Review Committee in its final report to the Selectmen dated September 19, 1997, summarized below:Or do or take any other action on this matter. On request of the Board of Selectmen.
- Annual review of Selectmen's compensation by Finance Committee;
- Make recommendation to Town Meeting members on all articles not within purview of Finance Committee or Planning Board;
- Report to Town Meeting when articles are not completed within a reasonable time of enactment;
- Set five (5) year goals and policies of the Board of Selectmen to be reviewed annually;
- Require the Selectmen to meet at least twice a year with the Planning Board to discuss planning initiatives;
- Create the power for the Selectmen to appoint ad hoc committees;
- Assume powers and duties of former Board of Public Works;
- Require the Selectmen to publish a copy of the Warrant with recommendations at least fourteen days (14) days prior to any Town Meeting; and
- Allow a Selectmen to serve on the Economic Development and Industrial Corporation.
ARTICLE 86: To see if the Town will vote to approve amendments to the Falmouth Home Rule Charter adopted by vote of the Town on May 15, 1990, which amendments related to Article IV, Other Elected Town Boards, as recommended by the Charter Review Committee in its final report to the Selectmen dated September 19, 1997, summarized below:
- Create a seven (7) member elected Planning Board;
- The Town Administrator shall consult with the Planning Board regarding the hiring, suspension and removal of the Town Planner and the Town Planner shall act as the Planning Board Administrator;
- Planning Board shall be responsible for development and periodic updating of a Master Plan;
- Prohibit Planing Board member from being hired to work for the Planning Board while serving on the board and for one (1) year thereafter; and
- Authorize Planning Board to exercise all powers conferred upon it by General Laws.
Or do or take any other action on this matter. On request of the Board of Selectmen.
ARTICLE 87: To see if the Town will vote to approve amendments to the Falmouth Home Rule Charter adopted by vote of the Town on May 15, 1990, which amendments related to Article V, Town Administrator, as recommended by the Charter Review Committee in its final report to the Selectmen dated September 19, 1997, summarized below:
Or do or take any other action on this matter. On request of the Board of Selectmen.
- Town Administrator shall propose and Board of Selectmen shall adopt all personnel rules and regulations; and
- Town Administrator shall propose a salary and pay plan subject to Town Meeting vote.
ARTICLE 88: To see if the Town will vote to approve amendments to the Falmouth Home Rule Charter adopted by vote of the Town on May 15, 1990, which amendments related to Article VI, Citizen Participation: Elections and Recall, as recommended by the Charter Review Committee in its final report to the Selectmen dated September 19, 1997, summarized below:Or do or take any other action on this matter. On request of the Board of Selectmen.
- Town Clerk to publish names and addresses of all candidates on ballots and all ballot questions at least one week prior to election;
- Persons elected shall take office on the first business day of the week following election; and
- Publish duties of vacant appointed positions and boards.
ARTICLE 89: To see if the Town will vote to approve amendments to the Falmouth Home Rule Charter adopted by vote of the Town on May 15, 1990, which amendments relate to Article VII, Appointed Town Boards, as recommended by the Charter Review Committee in its final report to the selectmen dated September 19, 1997, as summarized below:
- No member of an appointed town board shall serve for more than three (3) consecutive three-year terms;
- No member of an appointed town board shall serve for more than three (3) consecutive one-year terms as its chairman; and
- The Harbormaster becomes an ex-officio member of the Waterways Committee.
Or do or take any other action in this matter. On request of the Board of Selectmen.
ARTICLE 90: To see if the Town will vote to approve amendments to the Falmouth Home Rule Charter adopted by vote of the Town on May 15, 1990, which amendments relate to Article VIII, Financial Provisions and Procedures, as recommended by the Charter Review Committee in its final report to the selectmen dated September 19, 1997, as summarized below:
- Allow Finance Committee members to sit on advisory boards in a non-voting capacity;
- Require the Board of Selectmen to adopt a budget within the first fifteen (15) days of each calendar year;
- Distribute Finance Committee recommendations to Town Meeting members fourteen (14) days before any Town Meeting; and
- Require the Finance Committee to hold public hearings on the annual capital improvement plan at least thirty (30) days before any Town Meeting.
Or do or take any other action on this matter. On the request of the Board of Selectmen.
ARTICLE 91: To see if the Town will vote to approve amendments to the Falmouth Home Rule Charter adopted by vote of the Town on May 15, 1990, which amendments related to Article IX, General and Transitional Provisions, as recommended by the Charter Review Committee in its final report to the Selectmen dated September 19, 1997, summarized below:Or do or take any other action on this matter. On request of the Board of Selectmen.
- Repeal transitional provisions; and
- Provide for periodic review of the Charter at least every seven (7) years.
ARTICLE 92: To see if the Town will vote to complete the sidewalk from the existing sidewalk on Davisville Road to the end of Davisville Road where it intersects with Menauhant Road. To complete this project will provide for safe pedestrian access and use. Or do or take any other action in this matter. On request of Charlotte Boccuzzi and others.
ARTICLE 93: To see if the Town will vote to appropriate the sum of Three Thousand Dollars ($3,000.) to help defray the costs for three Falmouth High School Cheerleaders to represent the Town of Falmouth and Falmouth High School in London, England in December in competition. Or do or take any other action in this matter. On request of William Peck and others.
ARTICLE 94: To see if the Town will vote to direct the Board of Selectmen to include money in the annual budget for the installation and maintenance of a "doggy mitt" dispenser and disposal unit; said unit to be placed at the Highfield entrance to the Beebe Woods trail in order to facilitate compliance with Article 79 of the November 1996 Town Meeting. Or do or take any other action in this matter. On request of Judith G. Stetson and others.
ARTICLE 95: As residents of Nancy Avenue and Raffi Avenue, we request the installation of Town water on our Roads (Nancy, Raffi). This would require an extension from the intersection of O'Donnell Ave & Rainbow Ave Easterly to Nancy Avenue. (approx 657'). It would then require an extension from O'Donnell Avenue down Raffi Avenue Northerly for approx 1065'. Also an extension would be required from O'Donnell Avenue Northerly down Nancy Avenue for approx 776'. The Fall 96 Town Meeting approved the installation of water mains on Rainbow Ave and part of O'Donnell Avenue (approx 2200'). We feel the town should continue the mains to our roads. On request of David Braga and others.
ARTICLE 96: To see if the Town will vote to appropriate and/or transfer $10,000 to be used to hire two construction management consultants to do financial analyses of the concept plans currently being considered for the renovation or replacement of the Mullen-Hall School. Or do or take any other action in this matter. On request of Marguerite K. McElroy and others.
ARTICLE 97: To see if the Town will vote to adopt the following Resolution:
RESOLUTION
The designation of the Massachusetts Military Reservation as a National Superfund Site, the pollution of 66 billion gallons of water, the high incident of serious health problems, including, but not limited to, lung, breast and brain cancers, birth defects and the loss of property values and the passage of 10 years without relief leave no room for discussion and, therefore, be it resolved:
The people of the Town of Falmouth DEMAND that their United States Government take the following action with respect to the Massachusetts Military Reservation:
Close It Down, Clean It Up, Ante Up For: A. Health Cost, B. Lost Property Value, C. Monies For Independent Cleanup Monitoring
Further, the Selectmen are ordered to furnish a copy of this Resolution to all elected officials representing the Town of Falmouth on both the Federal level and the State level, the United States Department of Defense, the Environmental Protection Agency and the Massachusetts Department of Environmental Protection forthwith, or do or take any other action in this matter. On request of Brian E. McDermott and others.
ARTICLE 98: To see if the Town will provide funding for any of all of the purposes voted for in the forgoing articles, by transfer from available funds, by borrowing or by any combination of the foregoing. Or do or take any other action in this matter. On request of the Finance Committee and the Board of Selectmen.