ARTICLE 1: To choose all other necessary Town Officers for the year in accordance with nominations to be offered at Town Meeting.

ARTICLE 2: To hear reports of Committees and Town Officers and act thereon.

ARTICLE 3: To see if the Town will vote to authorize continued use of the revolving fund for the expenditures of updating the Code of Falmouth under General Laws Chapter 44, Section 53E1/2 as established by Article 3 of the April, 1998 Annual Town Meeting and raise and appropriate the sum of Seven Thousand Dollars ($7,000.) for the purpose of the article. Or do or take any other action in this matter. On request of the Town Clerk.

ARTICLE 4: 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.

ARTICLE 5: To see if the Town will vote to authorize continued use of the revolving fund known as the "Falmouth Recreation Department Revolving Account" under General Laws Chapter 44, Section 53E1/2 as established by Article 4 of the April, 1998 Annual Town Meeting. Or do or take any other action in this matter. On request of the Recreation Committee.

ARTICLE 6: To see if the Town will vote to fix the salaries of the Elected Officials as follows:

Moderator	$1,223.
Town Clerk	$31,839.
Selectmen (4)	$2,500.
Chairman of Selectmen	$3,000.

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

ARTICLE 7: To see if the Town will vote to assume the liability in the manner provided by Section 29 of Chapter 91 of the General Laws, as most recently amended by Chapter 5, Acts of 1955 for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts for the improvement, development, maintenance and protection of tidal and non-tidal rivers and streams, 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.

ARTICLE 8: 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.

ARTICLE 9: 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.

ARTICLE 10: To see if the Town will vote to appropriate the sum of $15,000. for the purpose of funding hospital, medical and related expenses incurred by employees of the Fire and Police Departments in the performance of their duties. 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 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 or the Acts of 1989, in review of projects, issuances of permits and licenses, technical or consultant or legal assistance of 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.

ARTICLE 12: To see if the Town will vote to amend Article XXIII - Performance Requirements - of the Zoning Bylaws by inserting the following:

§240-113.1 Transportation and Traffic Management

A.Development and redevelopment subject to Site Plan Review shall not degrade existing levels of service (LOS) of surrounding roads and intersections based on summer peak hour traffic volumes. Levels of service shall be measured using performance indicators such as reserve capacity, delay at intersections and volume to capacity ratio as defined in the Highway Capacity Manual[1], latest edition.

[1]Highway Capacity Manual, Transportation Research Board, Washington, D.C.

B.Developments and redevelopment subject to Site Plan Review shall mitigate any traffic impacts that would be created by such developments. The mitigation strategies shall include both structural and non-structural improvements with special emphasis on alternatives to automobile transportation. Necessary improvements shall occur concurrently with any development or a contribution of funds towards the necessary improvement shall be provided.

C.Development and redevelopment subject to Site Plan Review shall make provision for alternative transportation modes to offset at least 20% of any projected increase in traffic volumes. Acceptable alternatives include but are not limited to carpool programs, shuttle bus service, employee housing on-site, and related programs. In lieu of providing these services in-kind, the developer may make a contribution to the Cape Cod Regional Transit Authority or a private transit company approved by the Town in order to provide public transportation. Development and redevelopment shall incorporate provisions for bicyclists and pedestrians so as to minimize automobile trips.

and to further allow the Town Clerk to re-codify Chapter 240 - Zoning - of the Code of Falmouth accordingly, to correct any typographical or clerical errors, if any or to insert any editor's notes if necessary to facilitate the formatting of this change within the Code of Falmouth. Or do or take any other action on this matter.

On request of the Planning Board.

ARTICLE 13: To see if the Town will vote to amend Article III - Definitions - of the Zoning Bylaw by adding the following:

Restaurant Class I: Any establishment which has a rating of 199 or less as measured by the Table of Performance Indicators for Restaurant Classifications found in Article XIII of the Zoning Bylaw.

Restaurant Class II: Any establishment which has a rating of 200 to 265 as measured by the Table of Performance Indicators for Restaurant Classifications found in Article XXIII of the Zoning Bylaw.

Restaurant Class III: Any establishment which has a rating of 266 to 299 as measured by the Table of Performance Indicators for Restaurant Classifications for Restaurant Classifications found in Article XXIII of the Zoning Bylaw.

Restaurant IV: Any establishment which has a rating of 300 or more as measured by the Table of Performance Indicators for Restaurant Classifications found in Article XXIII of the Zoning Bylaw.

And to amend Article XXIII - Performance Requirements - by adding the following Table:

§240-113.2 Table of Performance Indicators for Restaurant Classifications

Restaurant classification is determined by summing all of the performance indicators in each row that apply, then summing in the following manner:

Type of Service	Choose A, B and/or C as applicable	Maximum score 75
Takeout Sales	Choose one: A, B or C	Maximum score 40
Timing of Payment	Choose one: A, B or C	Maximum score 40
Hours of Operation	Choose A, B and/or C as applicable	Maximum score 75
Container	Choose one: A, B or C	Maximum score 40
Consumption	Choose one: A, B or C	Maximum score 40
Advertising	Choose one: A, B or C	Maximum score 40
Size	Choose one: A, B or C	Maximum score 40

Note: Examples can be found in the Appendix of the Code of Falmouth, as presented to the SATM 1999, Article 13

And to Amend Article IX - Marine Districts - of the Zoning Bylaw - by inserting the following:

§240-44B.(1)Class I and Class II restaurants, subject to the restrictions of §240-44.B. Class III and Class IV restaurants are expressly prohibited in Marine Districts.

And to amend Article X - Business Districts - of the Zoning Bylaw by inserting the following:

§240-48.D.(1)Class I Restaurants in all Business Districts; Class II Restaurants in Business 2 and Business 3 only; Class III Restaurants in Business 2 only.

§240-51.C(1)(a)Class IV Restaurant. All Class IV restaurants, regardless of gross floor area, shall be subject to §240.220, Multiple Review. Class IV restaurants are expressly prohibited in Business 1 and Business 3 zoning districts.

Add §240-51.D.In Business 1 Districts only:Class II
Add §240.51.E.In Business 3 Districts only:Class III Restaurant

And to amend Article XI - Light Industrial A Districts - of the Zoning Bylaw - by inserting the following:

§240.54.D.(1)Class I, Class II and Class III restaurants.
Class IV restaurants are expressly prohibited in Light Industrial A Districts.

And to amend Article XII - Light Industrial B Districts - of the Zoning Bylaw by inserting the following:

§240.60.D.(1)Class I and Class II restaurants
§240.63.J.Class III restaurants. Class IV restaurants are expressly prohibited in Light Industrial B Districts.

and to further allow the Town Clerk to re-codify Chapter 240 - Zoning - of the Code of Falmouth accordingly, to correct any typographical or clerical errors, if any or to insert any editor's notes if necessary to facilitate the formatting of this change within the Code of Falmouth. Or do or take any other action on this matter. On request of the Planning Board.

ARTICLE 14: To see if the Town will vote to amend the Official Zoning Map by adopting the following map entitled:

"Water Resource Protection Districts, Town of Falmouth", dated December 23, 1998, scale 1" = 1500' as shown and by amending Article XV - Water Resource Protection Districts - of the Zoning Bylaw by deleting the words "April 5, 1988" from Section 240-72.1.D and insert the words "December 23, 1998";

and to further allow the Town Clerk to re-codify Chapter 240-Zoning-of the Code of Falmouth accordingly, to correct any typographical or clerical errors if any, or to insert any editor's notes to facilitate the formatting of this change within the Code of Falmouth. Or do or take any action on this matter. On request of the Planning Board.

ARTICLE 15: To see if the Town will vote to:

I) Amend Section 240-126, Density limitations, by adding subsection C as follows:

C. Any lot or lots shown on a plan endorsed by the Planning Board or duly recorded at the Registry of Deeds as of April 1, 1999, shall be eligible to apply for a special permit to transfer a portion of all of the development rights on said lot or lots to a different location provided the following requirements are met:

1. The owner or owners of the donor lot(s) submit development plans identifying viable potential use, meeting current zoning regulations; and

2. The owner or owners of the donor lot(s) record at the Registry of Deeds a covenant running in favor of the Town of Falmouth, prohibiting the construction or placement of any structure on said donor lot(s), or portion thereof, in the case of large acreage.

II) Amend Section 240-126, Density limitations, by adding Section 240-126.2 as follows:

Section 240-126.2 Density bonus - Provision of Enhancement of Town Services and/or Facilities

A. If a proposed planned residential development proposes significant enhancement of municipal benefit to services and/or facilities and a substantial mitigation is proposed and accomplished which enhances municipal services or facilities, density may be increased by 100% of the value of the mitigation, services or facility. The proposed planned residential development seeking the density bonus must submit documentation so that a finding can be made that the nitrogen loading from the project will not exceed 5 ppm in the ground based on calculations completed in accordance with the Cape Cod Commission Technical Bulletin 91-001.

Or do or take any other action in this matter. On request of Diane C. Thompson and others.

ARTICLE 16: To see if the Town will vote to:

I) Amend Section 240-69, Maximum lot coverage, by adding subsection E as follows:

E. Golf Courses may be used as open space for projects having multiple uses upon issuance of a Special Permit Granting by the Special Permit Granting Authority which includes a finding that the nitrogen loading from the project will not exceed 5 ppm in the ground based on calculations completed in accordance with the Cape Cod Commission Technical Bulletin 91-001.

II) Amend Section 240-125, Permitted Uses and Structures, Section B, by adding subsection 4 as follows: 4. Golf Courses.

III) Amend Section 240-131, Maintenance of agricultural and recreational activities, subsection B, by deleting subsection B in its entirety and replacing it with the following language:

B. The area of the lot in which the activity or use is incorporated may count towards the required open space necessary to meet Section 240-126 requirements upon issuance of a Special Permit Granting by the Special Permit Granting Authority which includes a finding that the nitrogen loading from the project will not exceed 5 ppm in the ground based on calculations completed in accordance with the Cape Cod Commission Technical Bulletin 91-001.

Or do or take any other action in the matter. On request of Diane C. Thompson and others.

ARTICLE 17: To see if the Town will vote to authorize the Board of Selectmen to sell or convey a certain parcel of land located in Hatchville, Massachusetts, shown on Town of Falmouth Assessors Map 11, Section 01, Parcel 009, Lot 000, containing 9.4 acres . Or do or take any other action in this matter. On request of Diane C. Thompson and others.

ARTICLE 18: To see if the Town will vote to abandon a portion of Old County Road in Hatchville located between the southerly side of Route 151 and the Camp Edwards Railroad. The lines of the portion of Old County Road to be abandoned are described as follows:

Beginning at a point on the southerly sideline on Nathan S. Ellis Highway, also known as Route 151, at the intersection of said road with the northwesterly sideline of the Otis Railroad of the United States of America thence running South 700 38' 53", West, a distance of one hundred twenty-eight and 43/100 (128.43) feet by said railroad, thence turning and running westerly by the southerly sideline of Old County Road by a curve to the right having a radius of four hundred fourteen and 60/100 (414.60) feet and a length of two hundred sixty-five and 28/100 (265.28) feet, thence running by said sideline North 460 27' 53" West, a distance of three hundred twenty (320.00)feet, thence running by said sideline North 530 57' 53" West, a distance of eighty-eight and 36/100 (88.36) feet to the southerly sideline of Nathan S. Ellis Highway, thence turning and running by a curve to the left having a radius of five thousand five hundred thirty-one and 09/100 (5531.09) feet and a length of two hundred thirty-two and 44/100 (232.44) feet to the northerly sideline of Old County Road, thence by the northerly sideline of Old County Road South 460 27' 53" East, a distance of one hundred eighty-three and 47/100 (183.47) feet, thence by said sideline by a curve to the left having a radius of three hundred sixty-four and 60/100 (364.60) feet and a length of three hundred thirty-one and 88/100 (331.88) feet to the southerly sideline of Nathan S. Ellis Highway, thence by said sideline South 630 06' 27" East, eighteen and 95/100 (18.95) feet to the point of beginning.

The abandonment of said Way is the same as shown on a plan entitled "Town of Falmouth, Plan of OLD COLONY ROAD at North Falmouth, MA as abandoned by the Selectmen", scale 1 inch equals 40 feet, dated January 15, 1999, and is 50 feet wide except where otherwise shown.

Or do or take any other action in this matter. On request of Diane C. Thompson and others.

ARTICLE 19: To see if the Town will vote to:

I) Amend Section 240-67, Minimum Lot Dimension, by adding after Business 3 the following:

District	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Minimum Frontage (linear feet)
Business Growth Ctr.	120,000	200	500

II) Amend Section 240-68, Subsection B, by adding a new subsection 9 to read as follows:

9. For structures in Business Growth Centers the minimum setback will be 20 feet.

III) Amend Section 240-69 Subsection A, by adding after Business 2 the following:

Business Growth Center

The Code will read:	Business 2, Business Growth Center,
	Industrial A	40[1,2]	70

IV) Amend Section 240-69, Subsection C, a by adding after Business 3 the following language:

Business Growth Center.
The Code will read: In Business 2, 3, Business Growth Center, Industrial A, B and Public Use Districts...

V) Amend ARTICLE X, Business Districts, Section 240-51, by adding a new Subsection D to read as follows:

D. All uses allowed in a Business 2 zoning district as a matter of right or by special permit are permitted in a Business Growth Center.

Or do or take any other action in this matter. On request of Diane C. Thompson and others.

ARTICLE 20: To see if the Town will vote to amend the Official Zoning Map, and so record on the Zoning Map, by re-zoning from Agriculture AA to a new business district designated as Business Growth Center (BGC) six parcels of land bound and described as follows:

Beginning	Westerly by Old Purchase Line;
Thence	Northeasterly by Route 151;
Thence	South and Southwesterly by Camp Edwards Railroad.

Parcels are identified on Town of Falmouth Assessors Maps as

Map	Section	Parcel	Lot
06	01	006	000
06	01	007	000
06	01	008	014
06	01	008C	015
06	01	009	000
06	01	010	000

Or do or take any other action in this matter. On request of Diane C. Thompson and others.

ARTICLE 21: To see if the Town will vote to authorize the Board of Selectmen to sell or convey a certain parcel of land located in Hatchville, Massachusetts, shown on Town of Falmouth Assessors Map 06, Section 01, Parcel 006, Lot 000, containing 10,000 square feet . Or do or take any other action in this matter. On request of Diane C. Thompson and others.

ARTICLE 22: To see if the Town will vote to amend Article VIII - Agricultural Districts - of the Zoning Bylaw by adding the following:

240-36.C. Other Permitted Principal Uses

Harvest festivals, farmers markets, and similar events provided that such use shall not exceed two (2) days at any one time.

Limited food service featuring locally grown products.

Passive recreation areas and centers including picnic facilities, fee fishing ponds, horseback riding trails, canoe rentals.

The sale of small or light garden supplies, equipment and tools, customary and incidental to the sale of garden plants and nursery stock.

Antique and craft sales.

240-38.L. Special Permit Uses

Veterinary clinics or animal hospitals.

Shops for the service and repair of and sale of farm/garden machinery and farm/garden equipment, including welding, but which are limited exclusively to the sale, service and repair of farm/ garden machinery and farm/garden equipment; and blacksmith shops.

On request of Ronald Smolowitz and others.

ARTICLE 23: To see if the Town will vote to Amend the Official Zoning Map to rezone the land currently zoned Business 2 to Business 3 located in the East Falmouth Village: that area inclusive from 326 East Falmouth Highway (Smitty's Ice Cream) to 442 East Falmouth Highway on the north, and inclusive from 289 East Falmouth Highway (Doug's Country Florist) to 451 East Falmouth Highway (U.S. Post Office) on the south. Found on the Falmouth Assessor's Map 33 the parcels are more specifically identified as follows: Sec.12, parcels 7, 8, 8A, 10, 10B, 12A, 12B; Sec. 12A, parcels 00, lots 0A, 05A, 0C; Sec. 13, parcels 1, 2, 3, 4, 5, 6, 7, 7A, 8, 9, 10, 10A, 10B, 11, 12, 13, 13A, 14, 14A; Sec. 18, parcel 16, 17, 17A; Sec.20, parcels 5, 5A, 6, 7, 8, 8A, 9. Or do or take any other action in this matter. On request of Linda E. Davis and others.

ARTICLE 24: To see if the Town will vote to amend the Official Zoning Map by rezoning from Residence B to Public Use the property located at 40 Williams Road, containing 1.16 acres of land more of less, also shown as Parcel 20 on Falmouth Assessor's Map 5, Section 2; and by rezoning from Residence C to Public Use the property located on Silver Beach Avenue shown on Falmouth Assessor's Map 4A, Section 31, Parcel 000, Lots 662 and 663 containing 9,535 square feet more or less. Or do or take any other action in this matter. On request of the Board of Selectmen.

ARTICLE 25: To see if the Town will vote to amend the Article XXXVII, Enforcement, of the Zoning By-law by:

1)   Amending Section 240-185B to read as follows:

B)

An application for Design Review shall be submitted to the Design Review Committee simultaneously with any application submitted to the Planning Board or the Board of Appeals. Within 20 days of the receipt of a Design Review application, the Design Review Committee shall hold a meeting. An advisory report shall be submitted to the Planning Board or the Zoning Board of Appeals within 35 days of the of receipt of the application. An application for Design Review shall contain the requisite number of materials listed in the "Rules and Regulations" of the Design Review Committee.

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

ARTICLE 26: To see if the Town will vote to appropriate a sum of money for the constructing, originally equipping, and furnishing additions to the Mullen School, and for remodeling, reconstructing or making extraordinary repairs to the present Mullen School, including costs incidental and related thereto, and to determine whether to raise this appropriation by borrowing or otherwise. Or do or take any other action in this matter. On request of the Falmouth School Committee and the School Building Needs Committee.

ARTICLE 27: To see if the Town will vote to discontinue a portion of Hamlin Avenue as a public Way beginning at a point approximately two hundred (200') feet south of its intersection with Dillingham Avenue and ending at its intersection with Katherine Lee Bates Road and further to transfer jurisdiction of the land within the discontinued portion of Hamlin Avenue from the jurisdiction of the Board of Selectmen to the jurisdiction of the School Committee and that the effective date of this article be determined by the Board of Selectmen to coordinate with the construction of additions and remodeling the Mullen Hall School. Or fo or take any other action in this matter. On request of the Board of Selectmen.

ARTICLE 28 : To see if the Town will vote to authorize the Board of Selectmen to PURCHASE OR TAKE BY EMINENT DOMAIN land in Falmouth, Barnstable County, Massachusetts for the purpose of OPEN SPACE, WATER RESOURCE PROTECTION and/or PUBLIC RECREATION, as provided in either Chapter 40, Section 8C of the General Laws or any other appropriate authority, said land to be under the jurisdiction and control of either the Conservation Commission or the Board of Selectmen as specified and being described as follows:

A)

Land now or formerly belonging to Pio Cardoza on West Falmouth Highway, consisting of 10 lots being shown on Falmouth Assessors Map 15, Section 2, Parcel 13, Lots 2 through 11 and Parcel A, including the way known as Cardoza Drive, and described in a deed recorded in the Barnstable County Registry of Deeds in Book 5016, Page 175;

B)

Land now or formerly belonging to Joanna Cardoza off Quaker Road, containing 37.3 acres being shown on Falmouth Assessors Map 14, Section 4, Parcel 6, Lot 000 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 1404, Page 346;

C)

Land now or formerly belonging to Helene M. Correllus, Trustee of Texeira Route 28 Realty Trust on Teaticket Highway, being shown on Falmouth Assessors Map 33, Section 4, Parcel 1, Lots A and 1 through 8 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 6956, Page 35;

D)

Land now or formerly of Blanche C. Servis et al., on Carriage Shop Road, consisting of 19.07 acres being shown on Falmouth Assessors Map 30, Section 3, Parcel 4, Lot 000 and described in a deed recorded in the Barnstable County Registry of Deeds in Book 5867, Page 278, excluding, however, a lot to be approved consisting of 45,000 +/- square feet containing a house on Carriage Shop Road;

E)

Land now or formerly of John Cockerham, Trustee of MLT & MST Revocable Trust on Sandwich Road containing 12.09 acres being shown on the Falmouth Assessors Map 27, Section 4, Parcel 10, Lot 000A and described in a deed recorded in the Barnstable County Registry of Deeds in Book 9331, Page 336.

And further to appropriate a sum of money for the acquisition of the foregoing land, including costs incidental and related thereto, and further to authorize the Board of Selectmen or its designee to accept any further gifts of property, real, personal or otherwise, in any agreements and to execute all documents it deems advantageous on behalf of the town, for partial or full reimbursements of the cost of acquisition and to determine how the same shall be raised, including appropriation from the Land Bank Fund or by borrowing said sum or any part thereof pursuant to Chapter 44, Section 7(3) of the Massachusetts General Laws, or any other enabling authority and to issue bonds or notes of the Town therefore, and by whom expended. Or do or take any other action in this matter. On request of the Board of Selectmen.

ARTICLE 29: To see if the Town will vote to transfer the sum of Two Hundred Fifty Thousand Dollars ($250,000.) from the Stabilization Fund for the purpose of funding design and construction of a new Animal Shelter. Or do or take any other action in this matter. On request of the Board of Selectmen.

ARTICLE 30: To see if the Town will vote to appropriate the sum of Six Thousand, One Hundred Fifty Dollars ($6,150.) for the purpose of purchasing a Plan Copier System for the Engineering Department, 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 31: To see if the Town will vote that any funds received by the Town of Falmouth as part of the Medicaid Medical Services Program (defined in M.G.L. c.44, 72) are allotted to the School Committee for use under its jurisdiction for the benefit of educational programs, and to recommend that the Town Administrator so allocate in the future any such funds received, or do or take any other action related to this matter. On request of the Falmouth School Committee.

ARTICLE 32: To see if the Town will vote to establish a revolving account under the control and jurisdiction of the Falmouth School Committee to receive state reimbursements for students who are in foster care and/or state wards as provided in Chapter 71, 71F of the Massachusetts General Laws or do or take any other action related to this matter. On request of the Falmouth School Committee.

ARTICLE 33: To see if the Town will vote to adopt the following by-law regarding the Code of the Town of Falmouth:

The Town Clerk shall regularly update and periodically republish the Code of the Town of Falmouth. The Code shall not be updated until such time as a by-law is either approved by the Attorney General pursuant to Massachusetts General Laws Chapter 40, Section 32, or Chapter 40A or at least 90 days has elapsed after said by-law has been submitted to the Attorney General, or a municipal regulation has received final adoption in accordance with state law or the Code of the Town of Falmouth.

The Town Clerk shall have sole authority to number, caption and position properly adopted, amended or updated by-laws and regulations in accordance with Article 36 of the April 1993 Annual Town Meeting.

The Town Clerk is authorized to correct obvious typographical errors, misspellings and errors in punctuation, provided that such changes do not in any way materially or substantively change the meaning of the by-law or regulation.

The Code of the Town of Falmouth shall serve as the definitive law of the Town of Falmouth.

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

ARTICLE 34: To see if the Town will vote to approve the Project Certification application submitted by Accusonic Technologies, Inc. and Scanlan Company, Inc. for the development of a 36,000 sq. ft. Light Industrial facility under construction in the Falmouth Technology Park Economic Opportunity Area, Assessor's parcels 15 04 27A 072 and 15 04 27A 073. 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 as described in the Project Certification Application, will increase employment opportunities for residents of Falmouth and Cape Cod. The Town requests that the project be designated as a certified project for a term not greater than twenty (20) years. Or do or take any other action in this matter. On request of the Board of Selectmen.

ARTICLE 35: To see if the Town will vote to approve the Project Certification Application submitted by J.K. Scanlan Company, Inc. for the development of a 15,500 sq. ft. facility under construction in the Falmouth Technology Park Economic Opportunity Area, Assessor's parcel 15 04 27A 078. 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 this EOA, and the project as described in the Project Certification Application, will increase employment opportunities for residents of Falmouth and Cape Cod. The Town requests that the project be designated as a certified project for a term not greater than twenty (20) years. Or do or take any other action in this matter. On request of the Board of Selectmen.

ARTICLE 36: To see if the Town will vote to appropriate the sum of Two Hundred Fifty Thousand Dollars ($250,000.) for the purpose of construction of the Crooked Pond Well, 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 37: To see if the Town will vote to appropriate the sum of One Hundred Thousand Dollars ($100,000.) for the purpose of constructing Town water mains in the Maravista area, 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 One Hundred Forty Thousand Dollars ($140,000.) for the purpose of constructing Town water mains on Curley Boulevard, 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 39: To see if the Town will vote to appropriate the sum of Seven Thousand Five Hundred Dollars ($7,500.) for the purpose of purchasing Attack Lines and Appurtenances, 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 Fire Chief.

ARTICLE 40: To see if the Town will vote to appropriate a sum of money for the purpose of funding the engineering design and construction of elevated water storage facilities, and to determine whether to raise this appropriation by borrowing or otherwise, or do or take any other action in this matter. On request of the Board of Selectmen.

ARTICLE 41: To see if the Town will vote to adopt the following by-law to be incorporated into the Code of Falmouth and appropriately numbered by the Town Clerk:

New Silver Beach Sewer Service Area

180-37 Public Health Emergency

Because of high ground water, high density of development, significant numbers of failed septic systems, groundwater contamination, recreational water contamination and the inability of property owners to meet the requirements for Title V septic systems, there presently exists a public health emergency in the area designated by Town Meeting, Article 19, Annual Spring Town Meeting, April, 1997, as the New Silver Beach Sewer Service Area.

180-38 Mandatory Connection

The owner of any house, building or property located in the New Silver Beach Sewer Service Area which is used for human occupancy, employment, recreation or other purpose is hereby required, at his expense, to install suitable toilet facilities therein, including appliances required by section 180-48, and to connect such facilities directly with the public sewer in accordance with this chapter and the provisions contained herein, within 90 days from the date the sewer shall be declared ready for operation by the Board of Selectmen. Any new construction occurring within the New Silver Beach Sewer Service Area after such date shall be properly equipped with suitable toilet facilities and connected with the sewer prior to the issuance of a Certificate of Occupancy.

180-39 Limited Treatment Capacity

The treatment plant for the New Silver Beach Sewer Service Area is designed with limited capacity. The design capacity is capable of properly treating the effluent of all existing lots in the district and the North Falmouth School provided that each residence is limited to a maximum of three bedrooms plus allowance for residences in existence with more than three bedrooms as reflected in the Assessor's records as of January 1, 1999. A bedroom is defined in 310 CMR 15.002, Title V Regulations, and includes that circumstance where the total number of rooms for single family dwellings exceeds eight, not including bathrooms, hallways, unfinished cellars and unheated storage areas, the number of bedrooms presumed shall be calculated by dividing the total number of rooms by two then rounding down to next lowest whole number.

180-40 Allocation of Treatment Capacity

Each single family residence in the New Silver Beach Sewer Service Area is presumed to have three bedrooms. Residences with less than three bedrooms may be expanded to three bedrooms as a matter of right relative to sewer capacity. No residence may be expanded beyond 3 bedrooms unless the owner shall first obtain a variance pursuant to this part of the chapter. New construction is limited to three bedrooms.

180-41 Existing Residences

Any residence in existence on January 1, 1999, regardless of its number of bedrooms, as determined by the assessor's records, may maintain that number of bedrooms without regard to the three bedroom limitation. Further expansion of existing residences beyond three bedrooms as defined herein shall not be allowed unless a variance pursuant to section 180-46 is first obtained.

180-42 Undeveloped Parcels

For the purposes of sewer capacity any existing lot, otherwise qualified, may be permitted for a three bedroom single residence. Pursuant to Mass. Gen. L. ch.41 81U, the Board of Health shall disapprove a definitive plan of subdivision of property within the New Silver Beach Sewer Service Area unless and until the applicant shall first obtain a variance pursuant to section 180-46. Without an approved variance, any approval by the Planning Board shall be on condition that no building or structure shall be built or placed upon the areas designated without benefit of a variance in accordance with section 180-46.

180-43 Transferability of Development Rights

The size of a residence or number of bedrooms on any particular parcel of land cannot be sold, exchanged, transferred or otherwise used to benefit another's right to connection or the number of bedrooms on another lot.

180-44 Multiple Family and Nonresidential Uses

Any multiple family or nonresidential use legally in existence on January 1, 1999 may maintain its current level of activity, as measured by water consumption, as a matter of right. Any expansion of such multiple family or nonresidential use cannot occur unless the owner or operator shall first obtain a variance pursuant to section 180-46. No new multiple family or nonresidential use may be commenced unless the owner or operator shall first obtain a variance pursuant to section 180-46.

180-45 Properties Outside of the New Silver Beach Sewer Service Area

Because of the limited treatment capacity, properties located outside of the New Silver Beach Sewer Service Area, with the exception of the North Falmouth School for which specific capacity was included in the treatment facility, that abut a sewer line may not, as of right, connect to the sewer. In cases of unusual hardship, not owing to the acts or omissions of the property owner, and with the permission of the Board of Selectmen after a public hearing and provided the Board of Selectmen shall first make a specific finding that adequate treatment capacity exists, such owner whose property is outside the New Silver Beach Sewer Service Area may connect to the sewer. Any costs associated with such connection are the responsibility of the individual seeking the connection.

180-46 Variances

In case of unusual and substantial hardship, not the result of acts or omissions of the landowner, the Board of Selectmen, after a public hearing of which notice has been given by publication and posting for a minimum of two weeks, may grant a variance to this part of the By-law, provided that sufficient capacity exists and such relief may be granted without substantially derogating from the intent of purpose of this By-law.

180-47 Rebuilding because of fire, flood, storm or other acts of nature.

Relating to this chapter, a property owner may rebuild a structure destroyed by fire, flood, storm or other acts of nature as a matter of right provided that the new structure does not exceed the number of bedrooms of the structure being replaced.

180-48 Mandatory water conservation

The Board of Selectmen, after public hearing, may adopt mandatory water conservation measures including restricted flow plumbing devices for the New Silver Beach Sewer Service Area. Such restrictions may be permanent.

180-49 Termination and elimination of septic systems

Within 30 days of the property's connection to the public sewer, any septic system, cesspool, privy or other waste disposal system located on the property shall be pumped out and permanently decommissioned in accordance with methods and procedures approved by the Board of Health and the Sewer Division of the Department of Public Works.

180-50 Violations

A. Any person found to be violating any provision of this Part 3 shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.

B. Any person who shall continue any violation beyond the period permitted in subsection A shall be guilty of a misdemeanor and subject to a fine in an amount not exceeding Fifty Dollars ($50.00) for each violation. Each day in which such a violation shall continue shall be deemed a separate offense.

C. This section shall in no way limit the Town's power and authority to seek other remedies at law that it may have. Any person violating any of the provisions contained herein shall be liable to the Town for any expense, loss, or damage occasioned the Town by such violation.

Or do or take any other action in this matter. On request of the Board of Health.

ARTICLE 42: To see if the Town will designate all or parts of the following roads making up the Falmouth Coastal Drive as scenic roads in accordance with the provisions of Section 15C of Chapter 40 of the Massachusetts General Laws:

Water Street from Albatross Street to Woods Hole Road
Woods Hole Road from Water Street to the Church Street intersection
Church Street from its intersection with Woods Hole Road to Nobska Road
Nobska Road from the end of Church Street to its intersection with Oyster Pond Road
Oyster Pond Road from its intersection with Nobska Road to its connection to Surf Drive
Surf Drive from is intersection with Oyster Pond Road to Shore Street
Shore Street from Surf Drive to its intersection with Clinton Avenue
Clinton Avenue from Shore Street to Scranton Avenue
Scranton Avenue from Clinton Avenue to the Robbins Road intersection
Robbins Road from Scranton Avenue to Falmouth Heights Road
Falmouth Heights Road from Robbins Road to the beginning of Grand Avenue
Grand Avenue to the beginning of Menauhant Road
Menauhant Road to the Central Avenue intersection

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

ARTICLE 43: To see if the Town will authorize its state representatives to file special state legislation designating the portion of Woods Hole Road from Water Street to Church Street a part of the Falmouth Coastal Drive scenic road. Or do or take any other action in this matter. On request of the Falmouth Historical Commission.

ARTICLE 44: To see if the Town will vote to appropriate the sum of Forty Thousand Dollars ($40,000) to be used by the Falmouth Chamber of Commerce to continue to sustain and enhance the Economic Improvement Program, the cooperative marketing effort of the Town of Falmouth and the Falmouth Chamber of Commerce, 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 45: To see if the Town will vote to adopt the following by-law to be incorporated into the Code of Falmouth and be appropriately numbered by the Town Clerk:

FEEDING OF WATERFOWL
PROHIBITED IN CERTAIN AREAS

A.

No person, except the Director of the Division of Fisheries and Wildlife or his agents, as authorized pursuant to Chapter 131 of the Massachusetts General Laws, shall feed or bait, or attempt to feed or bait, any waterfowl of the family Anatidae (including, but not restricted to, ducks, geese and swans) within certain areas within the Town of Falmouth if posted per order of the Board of Selectmen prohibiting such activity.

B.

Definition. As used in this chapter, the following terms shall have the meanings indicated:

Feeding and Baiting - The placing, exposing, depositing or scattering, directly or indirectly, of shelled, shucked or unshucked corn, wheat or other grain, salt, or any other feed or nutritive substance, in any manner or form, so as to constitute for such birds a lure, attraction or enticement to, on or over any such areas where such feed items have been placed, exposed, deposited, distributed, or scattered.

C.

Nothing in the chapter shall be construed to limit the feeding of domesticated waterfowl, as defined by the Division of Fisheries and Wildlife, by a farmer as defined in Section A of Chapter 128 or the Massachusetts General Laws on property owned or leased by him or the feeding of any waterfowl or other birds on propagators licensed under Section 23 of Chapter 131 of the Massachusetts General Laws when such waterfowl or other birds are confined in such a manner as may be required pursuant to said Section 23 and any rules and regulations issued under authority thereof.

D.

Notwithstanding any of the above, the Director of the Division of Fisheries and Wildlife may authorize the emergency feeding of waterfowl and other birds when, in his opinion, such action is necessary in order to alleviate undue losses and suffering of such birds due to unusual weather conditions and other circumstances. The Director may authorize such action by proclamation, publication or such other means as he deems necessary and expedient, but such means shall include the immediate notification of the Selectmen thereof by first class mail.

E.

Any person who violates any provision of this by-law may be subject to a fine of not more than Fifty Dollars ($50.00) for each offense thereof.

F.

This chapter may be enforced by police officers, the Shellfish Constable, natural resource officers, agents of the Board of Health, and agents of the Conservation Commission.

Or do or take any other action on this matter. On request of the Shellfish Constable.

ARTICLE 46: To see if the Town will vote to appropriate the sum of Twenty-five Thousand Nine Hundred Eighty ($25,980.) for the purpose of creating and funding the following new position in the town's classification plan for the Recreation Department:

    ADD:    Program Assistant       Gr.7

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 Recreation Director.

ARTICLE 47: To see if the Town will vote to appropriate the sum of Twenty Thousand, Seven Hundred Eighty-seven Dollars ($20,787.) for the purpose of amending the Town's Position Classification Plan as Follows:

    ADD:    (1) Library Assistant     Gr. 4

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 Trustees of the Public Library.

ARTICLE 48: To see if the Town will vote to appropriate the sum of Twenty-two Thousand, Seven Hundred Fifty-seven Dollars ($22,757.) for the purpose of amending the Town's Position Classification Plan for the Falmouth Police Department.

    Delete:    1 Senior Office Assistant     Gr. 06
    Add:    2 Senior Office Assistants     Gr. 06

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.

ARTICLE 49: To see if the Town will vote to appropriate the sum of Forty-seven Thousand, One Hundred Twelve Dollars ($47,112.) for the purpose of amending the Town's Position Classification Plan for the Falmouth Police Department.

    Delete:  (9) Sergeants
    Add:    (10) Sergeants

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.

ARTICLE 50: To see if the Town will vote to appropriate the sum of Twenty-three Thousand, Seventy-nine Dollars ($23,079.) for the purpose of granting and funding a raise to the following intermittent/seasonal positions in the Town's Position Classification Plan effective July 4, 1999:

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.

ARTICLE 51: 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, 1998, 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.

ARTICLE 52: To see if the Town will appropriate a sum of money for the purpose of repairing and improving the boat ramp in Great Harbor, Woods Hole, 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 Douglas E. Cooper and others.

ARTICLE 53: To see if the Town will vote: Request for funding of a study to enlarge the Falmouth Town Bandstand

The Falmouth Town Band has grown over the years and now has an enrollment of 105 members. The band has outgrown the size of the present bandshell making playing of the musical programs on Thursday nights very difficult with extremely crowded space for the musician and conductor. There are times when the full complement of players can not perform because of the limited space.

The original plans for the bandshell were developed for this contingency so that further enlargement of the bandshell could be accomplished by building a riser in front of the stage or by adding sideways to the present bandstand.

The band manager (Walter Leo McLean) and Conductor (Lin Whitehead) request a study to evaluate the addition architecturally at a cost of $10,000.00.

On request of Walter Leo McLean and others.

ARTICLE 54: To see if the Town will vote to appropriate the sum of One Thousand Dollars ($1,000.) to help defray the cost of assisting residents of the Town with Psychiatric Disabilities through Fairwinds Clubhouse, and to determine how the same shall be raised and to be expended under the jurisdiction of the Human Services Department. Or do or take any other action in this matter. On request of Mark Buchanan and others.

ARTICLE 55: To see if the Town will vote to appropriate the sum of One Thousand Dollars ($1,000.) to help defray the cost of providing emergency food pantry services, rent or heating assistance, and holiday meals at Christmas and/or Thanksgiving by the Salvation Army to the residents of the Town of Falmouth, to determine how the same shall be raised and by whom expended. Or do or take any other action in this matter. On request of Christene M. Showalter and others.

ARTICLE 56: To see if the Town will vote a sum of money for the purposes of all furnishings and labor to supply town water to the following roads: Caravel Drive, Brigantine Drive, Goeletta Drive, Cutter Drive, Barque Drive, Pondview Circle, Pondview Drive, and Highland Circle. These funds to be expended with the understanding that reimbursement will be sought through the appropriate federal authorities. On request of Michael S. White and others.

ARTICLE 57: To see if the Town will vote to require that the Wastewater collected from the New Silver Beach Area be pumped to the Falmouth Wastewater Treatment Plant in West Falmouth, as outlined in the proposed alternative #5 as published in the Weston and Sampson report dated March 1997 and in lieu of the accepted proposed alternative #6 the same report which would pump this wastewater to a treatment plant to be built in the North Falmouth Area and leach on the North Falmouth Elementary School property. On request of Catherine A. Jewett and others.

ARTICLE 58: 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 2nd day of March in the year of our Lord one thousand nine hundred and ninety-nine.

Mary Pat Flynn
Edward Marks, Jr.
Troy B. G. Clarkson
Matthew Patrick
Virginia Valiela
Board of Selectmen

Publication date: March 2, 1999