TOWN OF FALMOUTH

MASSACHUSETTS

ARTICLES OF THE WARRANT

FOR THE

JUNE SPECIAL TOWN MEETING

WITH RECOMMENDATIONS FROM THE

SELECT BOARD · FINANCE COMMITTEE · PLANNING BOARD · COMMUNITY PRESERVATION COMMITTEE ·

PUBLISHED BY THE FINANCE COMMITTEE FOR THE CONVENIENCE OF THE VOTERS

MONDAY, JUNE 28, 2021 AT 6:00 P.M.

FALMOUTH HIGH SCHOOL

BOARD OF SELECTMEN

Douglas C. Brown, Chairman Nancy R. Taylor, Vice Chairman

Samuel H. Patterson Megan E. English Braga

Onjalé Scott Price

FALMOUTH FINANCE COMMITTEE

Keith Schwegel, Chairman Nicholas S. Lowell, Vice Chairman

Susan P. Smith, Secretary

Kathleen Beriau, Joseph L. Drolette, Ron Dyer, Timothy Gordon, Peter Hargraves, Mary Harris, Joseph Lemay, Judith P. Magnani,

Deborah D. Maguire, James Marnell, Eileen Miskell and James Newman

FALMOUTH PLANNING BOARD Patricia H. Kerfoot, Chairman

Charlotte Harris, Vice Chairman Paul Dreyer, Clerk/Secretary

Jim Fox, Robert Leary, John Druley and Pamela Harting-Barrat

COMMUNITY PRESERVATION COMMITTEE

Russell Robbins, Chairman Paul Glynn, Vice Chairman

Michael Stone, Financial Officer Steve Patton, Clerk

Robert Brown, John Druley, Annie Dean, and Peter Walsh

TOWN MANAGER

Julian M. Suso

ASSISTANT TOWN MANAGER Peter Johnson-Staub

TOWN CLERK Michael Palmer

DIRECTOR OF FINANCE

Jennifer Mullen

TOWN COUNSEL Frank K. Duffy

TOWN MODERATOR

David T. Vieira

TOWN MEETING RULES AND PROCEDURES COMMITTEE David T. Vieira, Chairman

Gary Anderson, Sandra Cuny, Adrian C.J. Dufresne, Judy Fenwick,

Brian Keefe, Nicholas S. Lowell, Joseph Netto, Michael Palmer, Jeffrey W. Oppenheim and Daniel Shearer

Ref. Massachusetts Finance Committee Handbook Section 7.08

“CITIZEN’S CHECK LIST”

(Written by North Attleboro)

To be considered on each vote: 1. IS IT NECESSARY? Or is it something that is not really needed or perhaps already being

provided by a private group? 2. CAN WE AFFORD IT? Remember, there is no limit to what we would like, but there is a

limit to what we can afford. 3. WHAT WILL IT COST ULTIMATELY? Many proposals are like icebergs – only a small

fraction of the total cost is apparent on the surface. 4. HOW WILL IT AFFECT BASIC LIBERTIES? If it imposes unreasonable or illegal

restraints on your life or that of others, it should be vigorously opposed. 5. IS IT IN THE BALANCED BEST INTEREST OF ALL? If it is designed to benefit a small

group or special interests, while taking unfair advantage of others, work for its defeat. 6. IS IT A “FOOT-IN-THE-DOOR” PROPOSITION? Compromising a little now may bring an

oppressive burden later, either in more regulations or more taxes or a combination of both.

7. DOES IT PLACE TOO MUCH POWER IN THE HANDS OF ONE INDIVIDUAL OR GROUP?

Once decisive power is granted to a non-elected public official, a commission or a municipal authority, the private citizens lose effective control.

8. DOES IT RECOGNIZE THE IMPORTANCE OF THE INDIVIDUAL AND THE MINORITY?

This is a cornerstone of our Republic. 9. IS ITS APPEAL BASED ON EMOTIONAL PROPAGANDA OR FACTS? The farther a

proposition gets away from facts, the more critical one should be. 10. DOES IT SQUARE WITH YOUR MORAL CONVICTIONS? If so, fight for it. If not, oppose

it.

PROPOSITION 2 1/2 Proposition 2 ½ limits the property tax revenues that cities and towns can legally assess to support their budgets. The maximum limit that a community can assess in any year is called the levy limit. Proposition 2 ½ has provisions which allow a community to levy more than the levy limit. However, this increase must be approved by a simple majority of the voters at an election. The two types of increases allowed are “overrides” and “exclusions.” There are two types of exclusions: capital exclusions and debt exclusions. OVERRIDE: Used to obtain additional funds for annual operating budgets and fixed costs. An override question must be placed on the ballot by a majority vote of the Board of Selectmen. Approval of an override by the voters allows the Town to assess taxes in excess of the automatic annual 2-½% increase. The result is a permanent increase in the amount of property taxes a community may levy. EXCLUSIONS: Used to obtain additional funds for capital projects only, including public building and public works projects, and land and equipment purchases. Any exclusion question must be placed on the ballot by a two-thirds vote of the Board of Selectmen. Approval of an exclusion by the voters allows the Town to assess taxes in excess of the automatic annual 2-½% increase. The result is a temporary increase in the amount of property taxes a community may levy.

CAPITAL EXCLUSION: Used to raise additional taxes to pay for a specific project or purchase. This is a property tax increase for one year only--the year in which the project or purchase is budgeted. DEBT EXCLUSION: Used to raise additional taxes for the annual debt service cost of projects funded by borrowing. This is a temporary property tax increase which lasts only for the term of the debt.

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Article

1 Hear Reports from Committees and Town Officers

2 Amend - The Code of Falmouth; Article VII, Ch 65, s. 16, Promulgation of Regulations

3 Amend - Zoning Bylaw Article XXXIX - Site Plan Review, §240-192 - Applicability

4 Amend - Zoning Bylaw Article XXXIX - Site Plan Review, §240-198 - Lapse of Decision

5 Amend - Offical Zoning Map, Remove Text Box of Footnotes 1-8; Add Reference to Zoning Overlay Districts

6 Petition: Amend Zoning Bylaw Article XLVIII Site Plan Review & Operation Standards; Sections 240-254B, 240-254D

7 Petition: Amend Official Zoning Map to Incl Addt'l Parcels in the Large-Scale Ground-Mounted Solar Overlay District

8 Accept Winthrop Drive (East Side) As Public Way

9 Purchase or Take by Eminent Domain - Permanent Easement at 241 Scranton Avenue

10 Purchase or Take by Eminent Domain - 20 Village Common Drive Easements

11 Purchase or Take by Eminent Domain - 28 Village Common Drive Easements

12 Purchase or Take by Eminent Domain - St. Marks Road Easements

13 Purchase or Take by Eminent Domain - Seabrook Drive - Permanent Easement

14 Petition: Accept General Laws Chapter 90, Section 18B

15 Petition: Change "Christopher Columbus Day" to "Indigenous Peoples Day"

16 Petition: Create a Domestic Partnership Bylaw for the Town of Falmouth

17 Petition: Acknowledgement of Mashpee Wampanoag Tribe at All Public Meetings

18 Petition: Create Select Board Taskforce on Sustainable Living for Falmouth's Workforce Families and; Fund Early Education & Childcare Support Voucher Program

19 CPC: Fund Rehabilitation - Bell Tower Tennis Courts

20 CPC: Purchase or Take by Eminent Domain - All or Portion of Conservation Restriction at Millstone Rd

21 CPC: Fund Falmouth Affordable Housing Fund

22 CPC: Fund Budgeted Reserve

23 CPC: Fund Historic Preservation Reserve

24 CPC: Fund Capital Improvements to Guv Fuller Field

June 2021 Special Town Meeting Index

SPECIAL TOWN MEETING ARTICLE 1: To hear reports of Committees and Town Officers and act thereon. RECOMMENDATION (Finance Committee): That the Town vote Article 1 as printed. ARTICLE 2: To see if the Town will vote to adopt a bylaw and amend the Code of Falmouth by adding Article VII, Ch. 65, s. 16, Promulgation of Regulations, as follows: ARTICLE VII Promulgation of Regulations S. 65-16. Authority to promulgate regulations. A. Background. The Falmouth Home Rule Charter as amended by Article 28 of the November, 2019 Annual Town Meeting and affirmed by vote of the Town on Question Seven on the ballot of the May, 2020 Annual Town Election added Article III, Sec. C3-7H which provides as follows: H. The Board shall have the power and authority, after public hearing and publication, to adopt rules and regulations for the conducting of town business, the use of town real and personal property and other matters within its jurisdiction and set the penalties for violations thereof. B. A rule or regulation may be initiated by vote of the Select Board acting on its own initiative or by request or recommendation of the Town Manager, a department head, a duly organizes governmental body of the Town or by petition filed with the Town Clerk bearing the verified signatures of at least ten (10) registered voters of the Town. C. The Select Board shall submit the proposed rule or regulation to the department head of any department or chairperson of any governmental body affected by the proposed rule or regulation for comment and recommendation to be returned within thirty (30) days and the Select Board may submit the proposed rule or regulation to the Town Counsel for legal analysis, comment and recommended language or conditions. D. The Select Board shall hold a public hearing on the proposed rule or regulation and notice of the hearing shall be published in a newspaper of general circulation in the town and noticed on the town’s website at least fourteen (14) days before the first day of the scheduled hearing. The notice of hearing shall inform the public that the text of the proposed rule or regulation may be read and examined on the town’s website or at the Town Clerk’s office during regular business hours. The board may amend the proposed rule or regulation to conform to comments or recommendations received. The public hearing may be continued from time to time at the discretion of the board. E. The Select Board shall vote to adopt the proposed rule or regulation at an open meeting of the board and the rule or regulation so adopted shall take effect upon its adoption and filing a copy of the vote with the Town Clerk. Or do or take any other action on this matter. On request of the Select Board. RECOMMENDATION (Select Board): That the Town vote Article 2 as printed with the following amendments: MODIFY the beginning of the first sentence in Section C. such that it reads: “Should the Select Board choose to pursue the proposed rule or regulation, it shall submit the proposed rule or regulation to…” MODIFY Section E. such that it reads: “The Select Board shall vote to adopt on the disposition of the proposed rule or regulation…” EXPLANATION: A recent charter change clarified the authority of the Select Board to adopt rules and regulations on matters within the Board’s jurisdiction. This article establishes a procedure to be followed by the Board when reviewing and adopting such rules and regulations. The amendments clarify that the Select Board shall have full discretion to determine whether or not to establish a proposed regulation.

ARTICLE 3: To see if the Town will vote to amend the Zoning Bylaw Article XXXIX – Site Plan Review - by replacing § 240-192 Applicability so that the revised section will read:

Any new development, redevelopment or expansion in use, other than one single-family or one two-family residence on a lot which would add 500 square feet or more of gross floor area or roof area or which would, under the parking schedule Table of Minimum Requirements of § 240-108, require a total of two (2) or more parking spaces based on the existing, redevelopment and/or new development, or require a change to the layout or location of two (2) or more parking spaces, an increase in pavement of more than 300 square feet, or the alteration of any driveway; or any change of use which would, under the parking schedule Table of Minimum Requirements of § 240-108, require two (2) or more parking spaces based only on new development; grading or clearing more than ten percent (10%) of a lot, except for: landscaping on a lot with an existing structure or a proposed single or two family dwelling; clearing necessary for percolation and other site tests, work incidental to agricultural activity, work in conjunction with an approved subdivision plan; an accessory apartment allowed as a matter of right or special permit shall be permitted only upon the approval of the Planning Board for site plan review. A. Administrative Approval for Minor Alteration to Building Exterior or Site: Town Planner may authorize work to proceed without Site Plan Review for minor alterations provided the following criteria are satisfied:

(1) The proposed alteration shall not violate any provision of this Bylaw. (2) The proposed alteration does not result in an expansion of the building footprint other

than those required by the building code related to means of egress or accessibility. (3) The proposed alteration does not change the height or roof lines of any building. (4) The proposal does not result in any substantial change in lot coverage.

B. Waived Requirements: The Board may waive, by an affirmative majority vote, any of the following requirements, if it believes that the strict compliance with these rules and regulations will, because of the size or special nature of the proposed development, create an undue hardship on the Applicant and not be in the public interest. Any waiver(s) requested by the Applicant shall be submitted in writing by the Applicant with the submission of the Site Plan Review application.

Or do or take any other action on this matter. On behalf of the Planning Board. RECOMMENDATION (Planning Board): That the Town vote Article 3 as amended below during the Planning Board’s hearings. § 240-192 Applicability Any new development, redevelopment or expansion in use, other than one single-family or one two-family residence on a lot which would add 500 square feet or more of gross floor area or roof area or which would, under the parking schedule Table of Minimum Requirements of § 240-108, require a total of two (2) or more parking spaces based on the existing development, redevelopment or new development, or require a change to the layout or location of two (2) or more parking spaces, an increase in pavement of more than 300 square feet, or the alteration of any driveway; or any change of use which would, under the parking schedule Table of Minimum Requirements of § 240-108, require two (2) or more parking spaces based only on new development; grading or clearing more than ten percent (10%) of a lot, except for the following: landscaping on a lot with an existing structure or a proposed single or two family dwelling; clearing necessary for percolation and other site tests; work incidental to agricultural activity; work in conjunction with an approved subdivision plan. An accessory apartment allowed as a matter of right or special permit shall be permitted only upon the approval of the Planning Board for site plan review.

A. Administrative Approval for Minor Alteration to Building Exterior or Site: Town Planner may authorize work to proceed without Site Plan Review for minor alterations provided the following criteria are satisfied:

(1) The proposed alteration shall not violate any provision of this Bylaw. (2) The proposed alteration does not result in an expansion of the building footprint other than those required by the building code related to means of egress or accessibility. (3) The proposed alteration does not change the height or roof lines of any building. (4) The proposal does not result in any substantial change in lot coverage.

B. Waived Requirements: The Board may waive, by an affirmative majority vote, any of the following

requirements, if it believes that the strict compliance with these rules and regulations will, because of the size or special nature of the proposed development, create an undue hardship on the Applicant and not be in the public interest. Any waiver(s) requested by the Applicant shall be submitted in writing by the Applicant with the submission of the Site Plan Review application.

EXPLANATION: The threshold in the current bylaw requires the Planning Board’s review for any new development or expansion in use…which would add 1,000 square feet or more of gross floor area… Under the current bylaw a site can be redeveloped without Planning Board review provided the new building(s) are not more than 1000 square feet larger than the existing. The issue came to light when the gas station at 435 Palmer Ave was demolished and the site redeveloped with no review by the Planning Board regarding driveway, drainage or design because the new gas station and market didn’t increase by 1000 square feet and it wasn’t considered a new development or an expansion under the bylaw. The amendment also provides the Applicant and the Board some flexibility allowing for potential Administrative Approvals without a new hearing. ARTICLE 4: To see if the Town will vote to amend the Zoning Bylaw Article XXXIX – Site Plan Review - by amending § 240-198 Lapse of Decision to extend the period by one year by replacing the words “two years” with “three years” to read:

A site plan review decision issued under this Article shall lapse three years from the date it is granted if a substantial use thereof has not sooner commenced except for good cause. The determination of good cause shall be made by the Planning Board.

Or do or take any other action on this matter. On behalf of the Planning Board. RECOMMENDATION (Planning Board): That the Town vote Article 4 as printed. EXPLANATION: This Amendment would extend the time by one year to act on an approved site plan making it the same as the time frame to act on an approved Special Permit as allowed in both the Falmouth Zoning Bylaw § 240-221 and Mass General Law Chapter 40A § 9. ARTICLE 5: To see if the Town will vote to amend the Official Zoning Map to remove text box of footnotes 1 through 8 and add reference to all existing Zoning Overlay Districts (including Accident Prevention, Wildlife Corridor, and Large Scale Ground Mounted Solar) to remove inconsistencies with both the online Zoning Map and the hard copies available for purchase through the Town Clerk’s Office. No properties will be rezoned as a product of the proposed map amendments. Or do or take any other action on this matter. On request of the Planning Board. RECOMMENDATION (Planning Board): That the Town vote Article 5 as printed. The revised Zoning Maps are attached.

EXPLANATION: There are a two versions of the Zoning Map. This largely housekeeping article makes changes to the information shown on the map but doesn’t change the zoning for any properties. ARTICLE 6: To see if the Town will vote to amend Zoning Bylaw Article XLVIII as follows: 1). to Section 240-254B. add subparagraph (4) to read, “The Planning Board may allow reduced setbacks where the lot abuts, or is separated by a street from, permanently conserved open space or land in common ownership or control of the applicant. Within any no-disturb zone, the Planning board may allow landscaping and other screening.” 2). Revise Section 240-254D.(1) to read, “Not more than two acres or twenty percent (20%) of the lot, whichever is greater, shall be deforested for any one ground-mounted solar photovoltaic installation, and no such installation shall be placed on such land that was deforested within the prior five years. For any deforestation allowed in excess of two acres, the Planning Board may require mitigation, such as the permanent conservation of open space, on or off-site, of up to an area equal to such excess, which may include reforestation.” 3). Revise Section 240-254D.(2) to read, “Land clearing in excess of twenty percent (20%) of the lot in connection with any single installation is prohibited. Article XXIX (Earthmoving Regulations) shall not be applicable to large-scale ground-mounted solar installations.” On petition of Konrad Hughen. RECOMMENDATION (Planning Board): That the Town vote Article 6 as amended by the Petitioner below during the Planning Board’s hearings. Section 240-254B. add subparagraph (4) to read, “The Planning Board may allow a side or rear yard abutting permanently conserved open space to be reduced to no less than 35 feet in a Residence or Agriculture District. Within any no-disturb zone, the Planning Board may allow landscaping and other screening.” Revise Section 240-254D.(1), which reads, “Not more than two acres of forest land shall be deforested for any one ground-mounted solar photovoltaic installation, and no such installation shall be placed on such land that was deforested within the prior five years,” by adding, “The Planning Board may allow additional deforestation of up to four more acres or ten percent of the lot, whichever is less, but for any deforestation allowed in excess of two acres, the Planning Board shall require mitigation, such as the permanent conservation of open space and/or reforestation, on or off site, of at least twice the area of such excess.” Revise Section 240-254D.(2) to read, “Except as allowed under Section 240-254D.(1), land clearing in excess of two contiguous acres in connection with any single installation is prohibited. EXPLANATION: This petitioned article by Konrad Hughen would make changes to the existing Large Scale Ground Mounted Solar bylaw that would allow for smaller side and rear setbacks for solar projects abutting permanently conserved open space zoned Residential or Agricultural and for the clearing of trees in excess of two acres with mitigation. ARTICLE 7: To see if the Town will vote to amend the Official Zoning Map of the Town of Falmouth to include the following parcels in the Large-Scale Ground-Mounted Solar Overlay District; (i) Assessor’s Parcel 10 03 001 163, known as 41 Theatre Drive and containing approximately 45.06 acres; (ii) Assessor’s Parcel 10 04 007 035, known as 0 Boxberry Hill Road and containing approximately 41.49 acres; (iii) Assessor’s Parcel 17 01 028 039, known as 48 Theatre Drive and containing approximately 48.65 acres; (iv) Assessor’s Parcel 17 01 028A 015, known as 59 Theatre Drive and containing approximately 3.39 acres; (v) that portion of the private way known as Theatre Drive which lies to the north and northwest of the westerly property line of Assessor’s Parcel 17 01 028 134 (20 Theatre Drive), including, without limitation, the cul-de-sac and all parking areas within the bounds of Theatre Drive described herein; (vi) Assessor’s Parcel 10 03 001A 161, known as 290 Boxberry Hill Road and

containing approximately 1.56 acres; (vii) Assessor’s Parcel 10 03 001 162, known as 0 Boxberry Hill Road and containing approximately 1.08 acres and (viii) Assessor’s Parcel 10 03 001 160, known as 0 Boxberry Hill Road and containing approximately 0.68 acres. Or do or take any other action on this matter. On petition of Konrad Hughen. RECOMMENDATION (Planning Board): That the Town vote Article 7 as printed. A Map of the proposed new Large-Scale Ground-Mounted Solar Overlay District is provided in the Warrant Booklet. EXPLANATION: This petitioned article by Konrad Hughen changes the zoning map by adding a new Large Scale Ground-Mounted Solar Overlay District on the majority of the Cape Cod Country Club. It adds another 135.5± acres of land currently being used as a golf course. ARTICLE 8: To see if the Town will vote to accept the doings of the Select Board in the laying out of Winthrop Drive (east side) from Seacoasts Shores Blvd. to Edgewater Drive East a distance of 726 ft. and width of 40 ft. according to plans on file with the Town Clerk for taking as a public way under the Betterment Act, or do or take any other action on the matter. On request of the Select Board. RECOMMENDATION (Select Board): That the Town vote Article 8 as printed. EXPLANATION: This section of Winthrop Drive is next on the list of private ways for which the Town has received a completed application for acceptance as a public way. The estimated cost to pave this dirt roadway and bring it up to Town standards is $265,000 which represents a cost of approximately $15,600 per abutter. ARTICLE 9: To see if the Town will vote to authorize the Select Board to PURCHASE OR TAKE BY EMINENT DOMAIN a permanent easement consisting of a small strip of land containing 173 sq. ft. +/- along the frontage of property at 241 Scranton Ave. and shown as parcel 47C 05 019 001 on the Falmouth Assessors’ maps, and further described in a deed recorded in the Barnstable Registry of Deeds in Book 9734, Page 14, now or formerly owned by Harbor Side Realty Trust, to eliminate an encroachment caused by previous surveying errors and properly align the sidewalk with the layout of Scranton Ave. to comply with the Americans With Disabilities Act, and further to appropriate a sum of money for the acquisition of such property interest, including costs incidental and related thereto, to be expended under the jurisdiction of the Select Board which shall further have the authority to enter into agreements and execute any instruments as may be necessary on behalf of the Town to effect the purposes of this article, or do or take any other action on the matter. On request of the Select Board. RECOMMENDATION (Finance Committee): That the Town vote to transfer the amount of $3,000 from certified free cash for the purposes of Article 9. To be expended under the jurisdiction of the Town Manager. EXPLANATION: This article will correct a triangular shape encroachment of concrete sidewalk along the property line of 241 Scranton Avenue. The Town has corresponded with the property owner in regards to the encroachment and it is the understanding that due to the layout of Scranton Avenue and the sidewalk requirements for compliance with the Americans with Disability Act (ADA), a purchase or taking is necessary. A Proposed Taking Plan is included in the back of the warrant booklet. ARTICLE 10: To see if the Town will vote to authorize the Select Board to PURCHASE OR TAKE BY EMINENT DOMAIN easements on a parcel of land known as 20 Village Common Drive being shown as parcel 34 06 024 002A on the Falmouth Assessors’ maps, now or formerly owned by Village Common Properties, LLC. Said easements will be for sewer purposes associated with the proposed Teaticket Acapesket Sewer Service Area, as follows: 1) an 8,000 sq. ft. +/- permanent easement, rectangular in shape, being a portion of Lot 2A as shown on a plan recorded in the Barnstable Registry of Deeds in Plan Book 506, Page 58 and more commonly known as 20 Village Common Drive, for the site of a sewer lift station and appurtenant structures, said easement to be in the southwesterly corner of Lot 2A where the common lot line with Lot 3A and Village Common Drive converge; 2) a 5,000 sq. ft. +/- temporary

construction easement of one year duration to be determined to coincide with construction of the lift station and being an area immediately adjacent to and surrounding the permanent easement described in 1) above; 3) a 2,600 sq. ft. +/- permanent easement for sewer pipes, manholes and appurtenant structures consisting of a strip of land 20 ft. wide beginning at the rear lot line of Lot 2A and running in a generally westerly direction parallel to and 5 feet north of the common lot line with Lot 3A to the permanent easement described in 1) above; and 4) a 1,300 sq. ft. +/- temporary construction easement of one year duration to be determined to coincide with construction of the sewer lines and being two strips of land each 5 ft. wide along the northerly and southerly sides of the permanent easement described in 3) above; and further to appropriate a sum of money for the acquisition of said easements, including costs incidental and related thereto, said sum to be expended under the jurisdiction of the Select Board which shall have the authority to enter into any agreements and execute any instruments as may be necessary on behalf of the Town to effect the purposes of this article, or do or take any other action on the matter. On request of the Select Board. RECOMMENDATION (Finance Committee): Indefinite Postponement. EXPLANATION: Agreements have not been finalized. ARTICLE 11: To see if the Town will vote to authorize the Select Board to PURCHASE OR TAKE BY EMINENT DOMAIN easements on a parcel of land known as 28 Village Common Drive being shown as Parcel 34 06 024 003A on the Falmouth Assessors’ maps, now or formerly owned by Village Common Drive, LLC. Said easements will be for sewer purposes associated with the proposed, Teaticket Acapesket Sewer Service Area, as follows: 1) a 7,000 sq. ft. +/- permanent easement, rectangular in shape, being a portion of Lot 3A as shown on a plan recorded in the Barnstable County Registry of Deeds in Plan Book 506, Page 58 and more commonly known as 28 Village Common Drive, for the site of a sewer lift station and appurtenant structures, said easement area to be in the southwest corner of Lot 3A near the terminus of Village Common Drive; 2) a 4,000 sq. ft. +/- temporary construction easement of one year duration to be determined to coincide with construction of the lift station and being an area immediately adjacent to and surrounding the permanent easement described above; 3) a 3,500 sq. ft. +/- permanent easement for sewer pipes, manholes and appurtenant structures consisting of a strip of land 20 ft. wide beginning at the lot line at Estrella Drive and running in a generally northwesterly direction to the lot line at the turn out at the terminus of Village Common Drive; and 4) a 1,750 sq, ft, +/- temporary construction easement of one year duration to be determined to coincide with construction of the sewer lines and being two strips of land each 5 ft. wide along the northerly and southerly sides of the permanent easement described in 3) above; and further to appropriate a sum of money for the acquisition of said easements, including costs incidental and related thereto, said sum to be expended under the jurisdiction of the Select Board which shall further have the authority to enter into any agreements and execute any instruments as may be necessary on behalf of the Town to effect the purposes of his article, or do or take any other action on the matter. On request of the Select Board. RECOMMENDATION (Finance Committee): Indefinite Postponement. EXPLANATION: Agreements have not been finalized. ARTICLE 12: To see if the Town will vote to authorize the Select Board to PURCHASE OR TAKE BY EMINENT DOMAIN easements on a parcel abutting St. Marks Road being shown as parcel 34 04 013 004 on the Falmouth Assessors’ maps, now or formerly owned by Kathleen M McGovern. Said easements will be for sewer purposes associated with the proposed Teaticket Acapesket Sewer Service Area, as follows: 1) a permanent easement of 4,900 sq. ft. +/- for sewer pipes, manholes and appurtenant structures and being approximately 245 ft. long by 20 ft. wide running parallel to and 5 ft. off the southerly property line from St Marks Road to the rear property line; 2) a temporary construction easement of 2,450 sq. ft. +/- of one year duration to be determined to coincide with sewer pipe installation and being two strips of land approximately 245 ft. long by 5 ft. wide on both sides of the permanent easement described above; and further to appropriate a sum of money for the acquisition of said easements, including costs incidental and related thereto, said sum to be expended under the jurisdiction of the Select Board which

shall further have the authority to enter into any agreements and execute any instruments as may be necessary on behalf of the Town to effect the purposes of this article, or do or take any other action on the matter. On request of the Select Board. RECOMMENDATION (Finance Committee): Indefinite Postponement. EXPLANATION: Agreements have not been finalized. ARTICLE 13: To see if the Town will vote to authorize the Select Board to PURCHASE OR TAKE BY EMINENT DOMAIN a permanent easement for sewer purposes associated with the proposed Teaticket Acapesket Sewer Service Area as follows: a permanent easement of 4350 sq. ft. +/- for sewer pipes, manholes and appurtenant structures within a portion of the Open Space being parcel 34 06 018 000 on the Falmouth Assessors’ maps, and a shown on a plan entitled “Subdivision Plan of Land located in Falmouth, Mass., prepared for Perch Pond Landing Trust”, dated April 8, 1986, and recorded in the Barnstable Registry of Deeds in Plan Book 421, Pages 19-21 and further described as a 30 ft. wide strip of land between lots 17 and 22 running from Seabrook Drive easterly to the lot line of the subdivision, all as shown on said plan, being land now or formerly owned by Gile Moniz and being a portion of Parcel V in a deed from David J. Kopp, Trustees et al to Gile Moniz, dated January 29, 1988 and recorded in the Barnstable County Registry of Deeds in Book 6147, Page 296; and further to appropriate a sum of money for the acquisition of said easement, including costs incidental and related thereto, said sum to be expended under the jurisdiction of the Select Board which shall further have the authority to enter into any agreements and execute any instruments as may be necessary on behalf of the Town to effect the purposes of this article, or do or take any other action on the matter. On request of the Select Board. RECOMMENDATION (Finance Committee): Indefinite Postponement. EXPLANATION: Agreements have not been finalized. ARTICLE 14: To see if the Town will vote to accept the provision of General Laws Chapter 90 Section 18B allowing the Board of Selectmen or Traffic Advisory Committee in the interest of public safety to establish designated Safety Zones at or near any way in Town which is not a state highway as a safety zone posted as having a speed limit of 20 miles per hour. On petition of the Quissett Association Inc. RECOMMENDATION (Select Board): That Town Meeting vote Article 14 as printed. EXPLANATION: This article would authorize the Select Board to establish designated Safety Zones with a speed limit of 20 miles per hour on roadways under Town jurisdiction without further approval of Massachusetts Highway Department. For roadways under state jurisdiction, state approval would be required before a Safety Zone could be established. The statute does not allow for a Traffic Advisory Committee to establish a Safety Zone. ARTICLE 15: To see if the Town will vote to replace the holiday “Christopher Columbus Day” on the second Monday of October with “Indigenous Peoples Day;” or take any other action relating thereto. On petition of Sandra Faiman-Silva. RECOMMENDATION (Select Board): That the Town vote Article 15 as printed. EXPLANATION: Approval of this article is largely symbolic. The official state holiday will remain Christopher Columbus Day. Indigenous Peoples Day celebrates and honors the indigenous peoples of the Americas and commemorates their shared history and culture. It began as a counter-celebration to honor indigenous peoples in the Americas who were nearly exterminated in the post-contact European conquest. According to Wikipedia, thirteen U.S. States celebrate Indigenous Peoples Day of which eight no longer recognize Columbus Day. In Massachusetts, Amherst, Brookline, Cambridge, Salem,

ARTICLE 16: To see if the Town will advise the Board of Selectmen to create a Domestic Partnership By-law for the Town of Falmouth, Massachusetts. Or do or take any action on the matter. On petition of Ronald D. Zweig. RECOMMENDATION (Select Board): Indefinite Postponement EXPLANATION: The petitioner seeks for Town Meeting to advise the Select Board to prepare a bylaw to be submitted to a future Town Meeting for adoption. Based on the information received from the petitioner, it seems the suggested benefits of a municipal domestic partnership can be obtained in other ways. For example, domestic partners can prepare health care proxies to authorize one another to make medical decisions. Similarly, a parent can authorize another adult to pick up his/her child from school, or even participate in school activities in the parent’s stead, by filing a form with the School Department. Town Counsel notes that domestic partnerships have traditionally been within the purview of the state legislature this bylaw and may not pass muster with the MA Attorney General. ARTICLE 17: To see if the Town will vote to institute a town-wide Policy whereby a statement shall be made at the beginning of each public meeting of Falmouth Town Meeting, Town Boards and Committees, public events at Falmouth Public Schools, including graduation, and at other public Town gatherings as appropriate, to respectfully acknowledge that the Town of Falmouth is the traditional, ancestral homeland of the Mashpee Wampanoag Tribe, who have inhabited and been custodians of this land, viewed as their sacred homeland, for at least 12,000 years; and take any additional action pertaining thereto. On petition of Sandra Faiman-Silva. RECOMMENDATION (Select Board): Indefinite Postponement EXPLANATION: While the concept of honoring the Mashpee Wampanoag Tribe is laudable, the proposed Town-wide policy is overly broad. It would take up valuable time at all meetings and events sponsored by the Town. The Select Board would support a narrower policy that applies only to Town Meeting. ARTICLE 18: To see if the Town will vote to create a Select Board Taskforce on Sustainable Living for Falmouth’s Workforce Families and to fund a Family Early Education & Childcare Support Voucher Program. The Taskforce will seek solutions to the lack of affordable early education and childcare, the need for affordable workforce housing, sustainable living-wage jobs, and other issues related to sustaining viability for working families in Falmouth. Also, to raise and appropriate, or transfer from available funds, the sum of $75,000 for the purposes of funding a Family Early Education & Childcare Support Voucher Program for Falmouth residents, which will provide funding to Falmouth families facing crisis in accessing and paying for Early Education and Childcare, or to take any other action related thereto. On petition of Patricia Oshman. RECOMMENDATION (Finance Committee): Indefinite Postponement EXPLANATION: The Select Board supports creation of a Task Force as proposed in this article. The Finance Committee does not support appropriating $75,000 for a voucher program described in the Article. A program of this type, magnitude and potential for future growth should be studied and evaluated by the appropriate Town Department(s) in order to determine and identify: (1) whether such a program is a high priority need within Falmouth; (2) potential target Falmouth families; (3) the need to expand the existing Town-supported program; (4) qualified public or private organizations to manage such a program; and (5) whether there are qualified and properly licensed organizations that have the capacity to provide early education and childcare programs within Falmouth. ARTICLE 19: To see if the Town will vote to appropriate or transfer from the Community Preservation Fund a sum of money to rehabilitate two tennis courts and one tennis backboard at Bell Tower Tennis Courts located at 1 Bell Tower Lane, Woods Hole; to determine how the same shall be raised and by

whom expended, or do or take any action on the matter. On request of the Community Preservation Committee. RECOMMENDATION (Community Preservation Committee): That the Town vote to appropriate the sum of $250,000 from FY 2022 Community Preservation Estimated Revenues to rehabilitate Bell Tower Tennis Courts located at 1 Bell Tower Lane including replacement of two existing tennis courts and one tennis backboard with two newly constructed tennis courts lined for both tennis and pickleball and one new tennis backboard; to determine how the same shall be raised and by whom expended, or do or take any action on the matter; to be expended under the jurisdiction of the Community Preservation Committee for the purposes of this article. The Finance Committee concurs with the Community Preservation Committee’s recommendation. EXPLANATION: The project includes replacing two deteriorated tennis courts with two tennis courts constructed of post-tensioned concrete. The project includes new posts, tennis nets, tennis backboard, and black vinyl perimeter fencing. An ADA accessible path will be constructed from the parking lot to the tennis courts. The project will be constructed in accordance with the Americans with Disabilities Act and the Massachusetts Architectural Access Board Rules and Regulations. ARTICLE 20: To see if the Town will vote to authorize the Select Board to PURCHASE OR TAKE BY EMINENT DOMAIN a conservation restriction, restricting in perpetuity in accordance with G.L. c. 184, ss. 31 – 33, on all or a portion of land in Falmouth, Barnstable County, Massachusetts, now or formerly owned by Florence Sylvia on Millstone Road in North Falmouth, being three parcels of vacant land together containing 9.31 acres as further described in a deed from Gerald W. Sylvia to The 300 Committee Land Trust, Inc., dated March 3, 2020, and recorded in the Barnstable County Registry of Deeds in Book 32735, Page 281 [ Map 12 05 014A 000B and 12 05 014B 000B], said conservation restriction to be administered by the Conservation Commission for open space and passive recreational purposes and such other uses as may be permitted under conservation restrictions, the form of which shall be determined by the Conservation Commission and approved by the Select Board; and further to appropriate the sum of Two Hundred Thousand ($200,000.00) Dollars from the Community Preservation Fund for the purposes of this article to be expended under the jurisdiction of the Select Board and subject to all necessary statutory and regulatory approvals. Or do or take any other action on this matter. On request of the Community Preservation Committee. RECOMMENDATION (Community Preservation Committee): That the Town vote to appropriate the sum of $200,000 from FY 2022 Community Preservation Estimated Revenues to purchase a permanent conservation restriction on land now owned by The Three Hundred Committee Land Trust, Inc. and formerly owned by Florence Sylvia on Millstone Road in North Falmouth, Massachusetts, containing 9.31 acres as further described in a deed from Gerald W. Sylvia to The Three Hundred Committee Land Trust, Inc., dated March 3, 2020 and recorded in the Barnstable Registry of Deeds in Book 3735, Page 281 and shown on the Falmouth Assessors Maps as parcels 12 05 014 000A and 12 05 000 000B, to be known as the Florence Sylvia Woodlands , said conservation restriction to be administered by the Conservation Commission for open space and passive recreational purposes, with the funds to be expended under the jurisdiction of the Community Preservation Committee for the purposes of this article. The Finance Committee concurs with the Community Preservation Committee’s recommendation. EXPLANATION: The funds will be used to purchase a permanent conservation restriction on approximately 9.3 acres of land on Millstone Road in North Falmouth to be administered by the Conservation Commission. Note that the RECOMMENDATON contains a corrected reference to the property identification on Falmouth Assessors Maps as the identification printed in the article contained a scrivener’s error. ARTICLE 21: To see if the Town will vote to appropriate or transfer from the Community Preservation Fund a sum of money to the Falmouth Affordable Housing Fund, and to determine how the same shall be

raised and by whom expended, or do or take any other action on the matter. On the request of the Community Preservation Committee. RECOMMENDATION (Community Preservation Committee): That the Town vote to appropriate or transfer the sum of $1,833,000 of which $ 500,000 is from the Undesignated Fund Balance and $1,333,000 is from FY 2022 Estimated Revenues to the Falmouth Affordable Housing Fund. Funds are to be expended in accordance with the Guidelines for the Falmouth Affordable Housing Fund; to be expended under the jurisdiction of the Community Preservation Committee for the purposes of this article. The Finance Committee concurs with the Community Preservation Committee’s recommendation. EXPLANATION: This appropriation of Community Preservation funds to the Falmouth Affordable Housing Fund is made for the purpose of Community Housing as defined in the Community Preservation Act. ARTICLE 22: To see if the Town will vote to appropriate or transfer from the Community Preservation Fund a sum of money to fund the Budgeted Reserve; and to determine how the same shall be raised, or do or take any other action on the matter. On request of the Community Preservation Committee. RECOMMENDATION (Community Preservation Committee): That the Town vote to appropriate the sum of $400,000 from FY 2022 Community Preservation Fund Estimated Revenues to the Community Preservation Budgeted Reserve; to be expended under the jurisdiction of the Community Preservation Committee for the purposes of this article. The Finance Committee concurs with the Community Preservation Committee’s recommendation. EXPLANATION: Funds in the Community Preservation Budgeted Reserve will be available to appropriate for Community Preservation Act eligible purposes at the November 2021 Town Meeting and April 2022 Annual Town Meeting. ARTICLE 23: To see if the Town will vote to transfer a sum of money from the Community Preservation Fund to the Historic Preservation Reserve, and to determine how the same shall be raised, or do or take any other action on the matter. On request of the Community Preservation Committee. RECOMMENDATION (Community Preservation Committee): That the Town vote to transfer or appropriate the amount of $333,639 from FY 2022 Community Preservation Estimated Revenues to the Historic Preservation Reserve; to be expended under the jurisdiction of the Community Preservation Committee for the purposes of this article. The Finance Committee concurs with the Community Preservation Committee’s recommendation. EXPLANATION: The Community Preservation Act requires a minimum of 10% of the annual Community Preservation Fund revenues be reserved or appropriated for purposes of the Act. This appropriation is the FY 2022 Historic Preservation Reserve. ARTICLE 24: To see if the Town will vote to appropriate or transfer from the Community Preservation Fund a sum of money to make capital improvements to Guv Fuller Field; to determine how the same shall be raised and by whom expended, or do or take any action on the matter. On request of the Community Preservation Committee. RECOMMENDATION (Community Preservation Committee): That the Town vote to appropriate the sum of $314,045 from FY 2022 Community Preservation Estimated Revenues to rehabilitate Guv Fuller Field; to be expended under the jurisdiction of the Community Preservation Committee for the purposes of this article.

The Finance Committee concurs with the Community Preservation Committee’s recommendation. EXPLANATION: Funds will be used to (1) excavate and replace existing dugouts including concrete path and slab for ADA access, (2) install safety netting on first and third base sides including new backstop, safety padding and gates, and (3) purchase and install replacement aluminum bleachers and associated concrete walks and American with Disabilities Act (ADA) accessibility improvements. Requested funding will augment $776,106 previously appropriated CPA funds, a portion of which was used for engineering plans and specifications, bidding, and purchase and installation of an ADA compliant lift to Press Box, including ramps, railings, and walkways. Project construction bids received December 7, 2020 exceeded available funding. Requested CPA funding is necessary to fund additional engineering and rebidding, construction, and project contingency costs.

APPENDIX

2021 June Special Town Meeting Revised Zoning Map

ARTICLE 5: To see if the Town will vote to amend the Official Zoning Map to remove text box offootnotes 1 through 8 and add reference to all existing Zoning Overlay Districts (including Accident Prevention, Wildlife Corridor, and Large Scale Ground Mounted Solar) to remove inconsistencies with both the online Zoning Map and the hard copies available for purchase through the Town Clerk’s Office. No properties will be rezoned as a product of the proposed map amendments. Or do or take any other action on this matter. On request of the Planning Board.

2021 June Special Town Meeting Revised Zoning Overlay Map

ARTICLE 5: To see if the Town will vote to amend the Official Zoning Map to remove text box offootnotes 1 through 8 and add reference to all existing Zoning Overlay Districts (including Accident Prevention, Wildlife Corridor, and Large Scale Ground Mounted Solar) to remove inconsistencies with both the online Zoning Map and the hard copies available for purchase through the Town Clerk’s Office. No properties will be rezoned as a product of the proposed map amendments. Or do or take any other action on this matter. On request of the Planning Board.

5250

BOXB

ERRY

HILL R

D

BOXBERRY HILL RD

RANC

HRD

THEATRE DR

FOX RUN

COON

AMES

SETT

CIR

NATHAN S ELLIS HWY

SAND

WICH

RD

ASHUMET RD

HAYWAY

RD

SANDWICH RD

BOXBERRY HILL RD

COONAMESSETTPOND

LITTLEJENKINS

POND

861

219

14

102

5

1021

538

1005

456

53

30

172

14

105

207

90

7

531

1166

309

42

193

516

148

42689

330

86

83

1095

43

16

46

197

510

58

434

165

88

290

47

41 88

323

66

167

412

181

77

1160

529

46

464

392

125

99

68

143

420

1164

102

187

115

1096

215

47

524

154

11

135

2

9598

15

201

450

8

41

66

404

211

40

316

171

15

39

315

196

48

1156

128

4

292

11

80

108

54

109

177

3

149

50

20

55

42

71

164

442

19

92

10

326

53

10 03 001 163

10 03 001 163

10 04 007 035

17 01 028 039

17 01 028 039

17 01028 134

17 01028A 015

10 03 001 16010 03 001 162

10 03001A 161

E

2021 June Special Town Meeting

Article 7

LegendArticle 7

ARTICLE 7: To see if the Town will vote to amend the Official Zoning Map of the Town of Falmouth to include the following parcels in the Large-Scale Ground-Mounted Solar Overlay District ......

Or do or take any other action on this matter. On petition of Konrad Hughen.

NO RRISPATH SEABROOK DR

VILLAGECO MMO NDR

ESTRELLA LN

TEATIC

KETHWY

34 04036 001C

34 07 005 144

34 06024E 004

34 06027A 001A

34 06024E 010

34 06024E 017

34 06024E 025

34 06024 003A

34 06025B 002

34 06024E 035

34 06 018 000

34 06024E 007

34 06024E 027

34 07 009 140

34 06024 000

34 06024E 038

34 04032003

34 04 034000

34 06024E 008

34 06024E 002

34 06024E 028

34 06024E 020

34 06025 001B

34 06024E 041

34 06024E 005

34 06027B 003

34 06024E 011

34 06024E 023

34 06024E 000

34 06 026 000

34 06 020A000

34 04 035 000

34 06024E 006

34 07 010 139

34 06024E 01834 06

024F 000

34 06 024 001

34 06024E 026

34 06024E 000C

34 06024E 039

34 04036B 000B

34 06024E 003

34 06 027 000

34 07 006 143

34 06024E 024

34 06024E 021

34 06024 005A

34 06025A 003

34 06024E 036

34 06024E 042

34 07 008 141

34 06024D 000B

34 06024E 022

34 04033A 000B

34 06024E 037

34 04035A 000

34 06024E 034

34 07004145

34 06024E 009

34 06024 002A

34 06024G 000

34 06024E 019

34 06017 000A

34 06024E 040

99

116

632

6

33

87

24

39

30

587

110

596

15

71

11

579

31

111

602

77

12

33

20

93

105

70

12

84

36

28

90

593

9

40

20

643

83

26

104

588

78

21

30

612

573

115

18

20

E

2021 June Spe cial Town Me eting

Article 11

LegendEasement

GRAVITY SEWER PERMANENT EASEMENTLIFT STATIO N PERMANENT EASEMENTTEMPO RARY CO NSTRUCTIO N EASEMENTTEMPO RARY GRAVITY SEWER EASEMENT

ARTICLE 11: To s e e if the Town will vote to authorize the Se le ct Board to PURCHASE O R TAKE BY EMINENT DO MAIN eas e m e nts on a parce l of land known as 28 Villag e Com m on Drive be ing s hown as Parce l 34 06 024 003A on the Falm outh

As s e s s ors ’ m aps , now or form e rly owne d by Villag e Com m on Drive , LLC. Said e as e m e nts will be for s ewe r purpos e s as s ociate d with the propos e d , Teaticket Acape s ke t Sewe r Se rvice Area........O n re que s t of the Se le ct Board .

Te m porary cons truction eas e m e nt 5,000 s q ft +/-

Pe rm ane nt und e rg round pipe eas e m e nt 2,500 s q ft +/-

Te m porary cons truction eas e m e nt 1,250 s q ft +/-

Pe rm ane nt s e we r lift station eas e m e nt 7,500 s q ft +/-

EASTHAR BOR DR

R IVER SENDR D

SAINT MARKS RD

34 06 007 002

34 06007 007

34 06 013 005

34 06024E 017

34 06 018 000

34 06 006 002

34 06 013 002

34 06024E 038

34 06 013 003

34 06 013 00634 06 006 010

34 06024E 023

34 06 007 004

34 06024E 026

34 06 007 003

34 06 013 004

34 06024E 022

34 06024E 037

34 06 007 005

34 06 007 001

34 06 006 001

3

80

98

4

3

E

2021 June Special Town Meeting

Article 12

AR TICLE 12: To see if the Town will v ote to authorize the Select Board to PUR CHASE OR TAKE BY EMINENT DOMAIN easem ents on a parcel ab utting St. Marks R oad b eing shown as parcel 34 04 013 004 on the Falm outh Assessors’ m aps, now or form erly owned b y Kathleen M McGovern. Said easem ents will b e for sewer purposes associated with the proposed

Teaticket Acapesket Sewer Serv ice Area,.....On request of the Select Board.

Perm anent easem ent 250'x20' 5000SqFt

Tem porary easem ent 250'x5' along b oth sides

OLDMAINR DEXT

QUAILHOLLOWR D

BLUESHUTTER SLN

CUR LEY BLVD

LONGVIEW R D

GR AYR OCKSWESTR D

OLD MAIN RD

OLDFOR GER D

MILLSTONEST

HOR SESHOELN

CUR LEYBLVD

41

63

48

224

20

15

64

112

22

92

14

9

99

14

31

11

33

21

70

9

29

124

63

7

32

77

130

29

23

33

35

21

40

28

52

41

57

36

70

35

21

39

34

48

52

22

20

8

113

75

4

104

22

19

220

30

91

26

78

236

45

29

23

9

24

21

69

15

127 83

118

32

17

24

4

14

20

15

56

41

84

107

23

29

11

12

64 47

28

23

117

18

123

8

53

71

78

28

224

40

23

18

37

77

28

31

44

98

51

35

45

12 05 004 048

12 05004035

12 07001A 024

12 07005B 000

12 05 011 000

12 05 004 074

05 06023 000A

12 05004 022

12 05014B 006

12 04 004 000

12 05004 003

12 05 004011

12 05004 027

12 05015 018

12 05014B 000B

12 07001 101

05 02 001 013

12 05004 067

12 05015 010

12 05004 030

12 05 004 06112 05

006 000A

12 05004 010

12 05014 000B

05 02 018 018

12 07 003 000

05 02001C 002

12 05 009 001

12 05 004 019

12 07 001102

12 05004 038

05 02001 010

12 05004 070

05 02 001 016

12 05004 064

12 05004 006

12 05014B 003

12 05015 007

12 05 003 000

05 02 001 020

12 05 004072

12 05014B 004

05 02001D 000

12 05009A 002

12 05004 014

12 05004 043

12 05004020

12 05 014 001

12 05 006 003

12 05 004039

12 07001A 021

12 05 004 001

12 05004 025

12 05 004065

12 05015 016

12 05014B 011

05 02 001 01105 02001A 000B

12 05004 059

05 02 016 016

12 05004 017

12 07002A 002B

12 05004 028

12 05 012000

12 05 005006

12 05 007 000

05 06 024 002

12 05 004023

02 05004 000

12 05 004 004

12 05 020 046

12 07001A 022

12 05015 019

12 05004 062

05 02001A 000A

12 05015 013

12 05004060

12 05 004 01812 05004 033

12 05004041

12 07 004000

12 05 004012

05 02001B 001

12 05 008 000

12 07001 103

05 06024A001

12 05015 014

12 05 006 00112 05004 071

12 05015 008

12 05015A000

12 05 004 007

12 05 014 002

05 02 001 017

12 05 014B009

12 05004 015

12 05004036

12 05010 000

05 02 019 000

12 05 004 047

12 05 004 073

12 05014B 007

12 05004 021

12 05006 004

05 06 023000B

12 05014A 003

12 05014B 001

12 05015 011

12 05015 017

05 02001 014

12 05 004068

12 05004016

12 05014 000

12 05 006 000

12 05004 037

12 08006A 001A

12 05004 029

05 02 001 026

12 07 002A002C

05 02 032 000

12 05014B008

12 05 005 005

12 05006 005

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E

2021 June Spe cial Town Me e ting

Article 20

LegendArticle 20

AR TICLE 20: To se e if the Town will vote to authorize the Se le ct Board to PUR CHASE OR TAKE BY EMINENT DOMAIN a conse rvation re striction, re stricting in pe rpe tuity in accordance with G.L. c. 184, ss. 31 – 33, on all or a portion of land in Falm outh, Barnstable County, Massachuse tts, now or form e rly owne d by Flore nce Sylvia on Millstone R oad in North Falm outh, be ing thre e ....

Or do or take any othe r action on this m atte r. On re que st of the Com m unity Pre se rvation Com m itte e .

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DEFINITION OF TERMS

Abatement- A reduction or elimination of a levy imposed by a governmental unit, applicable to property taxes, motor vehicle excise taxes, fees, charges and special assessments.

Appropriation- An authorization granted by Town Meeting to make expenditures and incur obligations for specific purposes, (usually limited in amount and as to the time when it may be expended).

Assessed Valuation- This is a valuation placed upon real estate or other property by a government as a basis for levying taxes. This is based on “full and fair cash value;” the amount a willing buyer would pay a willing seller on the open market.

Available Funds- Funds established through previous appropriations or results of favorable conditions. Examples: Free Cash, Stabilization Fund and Overlay Surplus.

Betterments- Whenever a specific area of a community receives benefit from a public improvement (e.g. water, sewer, sidewalk, etc.), special property taxes may be assessed to reimburse the governmental entity for all or part of the costs it incurred. Each parcel benefiting from the improvement is assessed for its proportionate share of the cost of such improvements.

Capital Budget- This is an annual appropriation or spending plan for capital expenditures, (tangible assets or projects that cost at least $25,000 and have a useful life of at least five years).

Capital Exclusion- This is a vote by a municipality at an election to raise property taxes to fund a specific project or purchase. This property tax increase is for one year only; the year in which the project or purchase is budgeted.

Capital Improvements Program (CIP)- A comprehensive schedule extending for at least five years for planning a community’s capital expenditures. It coordinates community planning, fiscal capacity and physical development and establishes criteria which prioritize the expenditures.

Debt Exclusion- This is a vote by a municipality at an election to exclude debt service payments for a particular capital project from the levy limit. This is a temporary property tax increase which lasts only for the term of the debt.

Fiscal Year- The Commonwealth and municipalities operate on a fiscal year which begins on July 1 and ends on June 30.

Free Cash- Funds remaining from operations of the previous fiscal year which are certified by the Department of Revenue as available for appropriation. Remaining funds include unexpended Free Cash from the previous year, revenues in excess of estimates shown on the tax recapitulation sheet, and unspent amounts in budget line items.

Full Time Equivalent (FTE)- A way to measure a worker’s involvement in a department or project. It provides a means to equate a department’s work force if they utilize seasonal or part time workers to those departments which utilize only full time workers. An FTE of 1.0 means that the person works the number of hours equivalent to a full time worker, e.g. 40 hours per week for 52 weeks per year, while an FTE of .5 signals that the person works a schedule equal to half that of a full time worker.

General Fund- This non-earmarked fund is used to account for most financial resources and activity governed by the normal Town Meeting appropriation process.

Levy Limit- The maximum amount of property taxes a community can levy in a given year. The limit can grow each year by 2.5% of the prior year’s levy limit plus new growth and any overrides.

Local Aid- Revenue allocated by the State to towns, cities and regional school districts. This may include such components as Chapter 70 Aid to Schools, as well as Library and Lottery aid.

Local Receipts- Locally generated revenues other than real and personal property taxes. Examples include motor vehicle excise, investment income, ambulance fees, beach and dump sticker fees, licenses, building permit fees, sewer and water fees, etc.

Operating Budget- This is the annual plan of proposed expenditures for personnel, supplies, and other expenses in order to provide services to the taxpayers for the coming fiscal year.

• Salary & Wages- In addition to basic salaries, this line may include overtime, temporary pay, holiday differentials, specialized training pay, educational incentive, and uniform allowances.

• Other Expenses- This line item is a broad category which includes a multitude of expenses too numerous to itemize. Some of the larger and more common items are: fuel and power, repair and maintenance, supplies, communication, service contracts, special counsel, bonding fees, building maintenance, sludge hauling, chemicals, travel and staff development.

• Capital Expenses and Special Projects- Capital Expenses designated by ** and Special Project appropriations designated by ++ are appropriations which are to be expended for items specifically listed in the departmental budget and no other purpose.

Overlay Reserve- This is an account established annually to fund anticipated property tax abatements and exemptions in that year and is raised on the tax recapitulation sheet.

Overlay Deficit- A deficit that occurs when the amount of overlay reserve raised in a given year is insufficient to cover abatements and statutory exemptions for that year.

Overlay Surplus- Any balance in the overlay reserve account of a given year in excess of the amount remaining to be collected or abated can be transferred into this account. Overlay surplus may be appropriated for any lawful purpose of the Town. At the end of each fiscal year, unused overlay surplus becomes part of the Free Cash certified by the Department of Revenue.

Override- A vote by a community at an election to permanently increase the levy limit.

Reserve Fund- An amount set aside annually within the Town’s Operating Budget and administered by the Finance Committee to provide a funding source for extraordinary and unforeseen expenditures.

Stabilization Fund- This is an account from which amounts may be appropriated for any lawful purpose. This account may be funded by Town Meeting as a line item within the Operating Budget. A two-thirds vote of Town Meeting is required to appropriate money from this fund.

Tax Rate- The amount of tax stated in terms of unit of the tax base; for example, $6.08 per $1,000 of assessed valuation of taxable property.

Tax Recapitulation Sheet (Recap Sheet)- A document submitted by a town to the Dept. of Revenue in order to set a property tax rate. The recap sheet shows all estimated revenues and actual appropriations which affect the property tax rate.

Underride- A vote by a community to permanently decrease the tax levy limit, (opposite of an Override).

Warrant- This is a list of items to be acted upon by Town Meeting.

Waterways Improvement Fund- This is an account into which 50% of the proceeds of the boat excise tax and all mooring fees are deposited. Use of these proceeds is limited to specific waterway expenses.

TOWN MEETING RULES

1. SPEAKING AND VOTING

a. Registered voters, residents and taxpayers of the town may speak on any article in the warrant. Persons who are not voters, residents or taxpayers of the town may address the Meeting only with the consent of a majority of those present.

b. Only Town Meeting members may vote.

2. TIME LIMITS

a. Reports of committees and officers shall be limited to 5 minutes unless a request for additional time is made and approved by a 2/3rds vote.

b. Opening presentations for motions shall be limited to 10 minutes unless a request for additional time is made and approved by a 2/3rds vote.

c. Speakers may only speak twice on any motion. Speakers shall be limited to 4 minutes on their

initial speech and 2 minutes on their second speech. Limits on speaking shall not apply to the answering of fact based questions directed to the speaker through a moderator.

3. MOTIONS AND AMENDMENTS

a. Motions and Amendments may be made only by Town Meeting members.

b. Two amendments will be accepted on any article.

c. Long or complicated motions, and other motions which he shall so request, shall be presented to the Moderator in writing.

4. RECONSIDERATION

a. Reconsideration will be allowed at any time during the meeting if the article does not involve the appropriation of money.

b. If the article involves the appropriation of money, notice of reconsideration must be given

within 30 minutes of the vote on the article. Reconsideration may then be allowed at any future time.

c. The Moderator shall determine if the motion to reconsider is in order. Motions for

reconsideration must be based on substantially new information not available to the Meeting at the time of the original debate. The motion to reconsider is not debatable.

5. HOURS OF OPERATION

a. First night 7:00 p.m. start

b. Subsequent nights 7:00 p.m. start

c. Closing at 11:00 p.m. unless a motion to continue is made and approved by a 2/3 vote of Town Meeting members.

Simplified rules of parliamentary procedure as mandated in the Falmouth Home Rule Charter Section 4-2-B. January 1999 This Warrant Booklet is published by the Finance Committee and includes recommendation and detailed explanations on all financial articles in accordance with the Falmouth Home Rule Charter Section 8-4-A.

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Falmouth Town Meeting Electronic Presentation Guidelines

The Town Meeting Rules & Procedures Committee developed these guidelines to draw attention to the

need for clear and concise electronic presentations at Town Meeting.

1. Individuals interested in making a PowerPoint presentation at Town Meeting should prepare their electronic presentation in advance and contact the Information Technology Department prior to Town Meeting to make arrangements for the presentation to be loaded onto a computer assigned for Town Meeting presentations. (IT Dept. 508-495-7400) If the presentation file is not too large, please email your electronic presentation to

ithelp@falmouth.freshdesk.com no later than 10:00AM on the day of the town meeting. The IT staff will scan the presentation for viruses; make sure that your presentation opens properly and place them into the electronic presentation folder for the meeting. Please make sure that you provide your contact information in your email. Additionally, if you have special instructions regarding how you would like your slides advanced, please include these in your email. IT staff will not modify the content of your presentation. IT staff are also not responsible for the reliability of the presentation if it is submitted after the 10:00AM deadline stated above.

2. Slide Presentations should meet the following guidelines, designed to allow for best possible viewing in the auditorium.

A. Recommended text styles include Arial, Times New Roman, and Verdana.

B. Title text should be a minimum of 32 point font.

C. Bullet text should be a minimum of 28 point font.

D. Sub-bullet text should be a minimum of 24 point font.

E. Background color should be light or dark (for example; white, black, dark blue)

F. Font color should be at the highest contrast possible from the background color. If you choose to use a light background color, then a dark font color should be used. If you choose to use a dark background color, then a light font color should be used. For example, a white background should have a black, dark blue, or maroon text. A dark blue background should have a white text color.

G. Graphs, charts, pictures and maps should have clear, visible titles. Detailed charts and graphs that may be difficult to view on the screen should be provided to the Meeting as handouts.

H. For your convenience there is also a PowerPoint template that has been preset to meet the above guidelines. The Town Meeting Presentation Template can be found at

https://www.falmouthma.gov/documentcenter/view/3949 Once you have completed your presentation, please save your file (Save As command) using the following naming convention: Article #, Meeting, Presenter’s name.

Example: Article1 Annual John Smith

Please do not remove the first slide with the Town Seal. This slide serves as the

placeholder on the viewing screen while presentations are being loaded between

presenters.

3. The Town Meeting Rules & Procedures Committee highly recommends rehearsing your Power

Point presentations, and being mindful of the length and clarity of your presentation.