Annual Town Meeting

Monday, April 2, 2001 at 7:30 p.m.

Commonwealth of Massachusetts

Barnstable, ss.

To either of the Constables of the Town of Provincetown, Greetings:

               In the name of the Commonwealth of Massachusetts and in the manner prescribed in the Charter and By-laws of said Town, you are hereby directed to notify the inhabitants of the Town qualified by law to vote in Town affairs to meet and assemble at Provincetown Town Hall on Monday, the Second day of April, A.D. 2001 at 7:30 o'clock in the evening, then and there to act on the following articles, to wit:

Article 1.                  To Hear Town Reports.    To see if the Town will vote to hear the reports of the Town Officials and Committees and to act thereon.

[Requested by the Board of Selectmen]

Article 2.               FY 2002 Operating Budget. To see to if the Town will vote to raise and appropriate or transfer from available funds the sum of $14,566,728 to fund operating budgets for the several Town departments for Fiscal Year 2002 in accordance with Chapter 9, section 1 of the Provincetown Charter, as follows:

or to take any other action relative thereto.

[Requested by the Town Manager and the Board of Selectmen]

Article 3.                  Abolish Cape End Manor Enterprise Fund. To see if the Town will vote, pursuant to the provisions of MGL Chapter 44, section 53F«  to rescind its vote under Article 4 of the November 6, 1995 Special Town Meeting and abolish the separate enterprise fund for the Cape End Manor effective June 30, 2001, and to return any remaining balance in said fund to the General Fund; and further to see what sum the Town will raise and appropriate or transfer from available funds to fund the operating budget for the Cape End Manor for Fiscal Year 2002, or to take any other action relative thereto.

[Requested by the Town Manager]

Article 4.                  FY 2002 Enterprise Funds.   To see to if the Town will vote to raise and appropriate or transfer from available funds the following amounts for enterprise funds of the Town of Provincetown for Fiscal Year 2002:

or to take any other action relative thereto.

[Requested by the Town Manager and the Board of Selectmen]

Article 5.                  FY 2002 Capital Improvements Program.   To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds the following sums to defray the costs of the Fiscal Year 2002 Capital Improvements Program submitted in accordance with Chapter 9, section 2 of the Provincetown Charter as follows:

1.      Buildings & Grounds Upgrade Program: $47,000 to be expended under the direction of the  Director of Public Works for the Buildings & Grounds upgrade program, including repairs to the Grace Gouveia Building, Town Hall, and Town traffic islands, and costs related thereto;

2.      Winthrop Street Cemetery: $50,000 to be expended under the direction of the Town Manager and the Director of Public Works for the upgrade to the Winthrop Street Cemetery, and costs related thereto;

3.      Town MIS/Computer Replacement Program: $50,000 to be combined with the unexpended balance appropriated under Article 4, Item 5 of the April 3, 2000 Annual Town Meeting, to be expended under the direction of the Town Manager and the MIS Coordinator for the program for continued replacement of computer equipment for Town departments, including air LAN connectivity, and costs related thereto;

4.      Street & Sidewalk Repairs: $25,000, to be combined with the unexpended balance appropriated under Article 4, Item 6 of the April 3, 2000 Annual Town Meeting, to be expended under the direction of the Town Manager and the Director of Public Works for continuation of the road and sidewalk repair program, and costs related thereto;

5.      Fleet Replacement Plan: $75,000 to be expended under the direction of the Town Manager and the Director of Public Works for purchase one dump truck for the Department of Public Works, and costs related thereto;

6.      Replace Fire Vehicle 190: $250,000, to be expended under the direction of the Board of Selectmen, Town Manager, and Board of Fire Engineers for the replacement of Fire Vehicle 190, and costs related thereto;

7.      Police Station Generator: $40,000 to be expended under the direction of the Chief of Police for a generator for the Provincetown Police Station, and costs related thereto;

8.      DPW Highway Truck Storage: $25,000 to be expended under the direction of the Director of Public Works for a highway truck storage building, and costs related thereto;

or to take any other action relative thereto.

[Requested by the Board of Selectmen and the Town Manager]

Article 6.                  FY 2002 Revolving Accounts.   To see if the Town will vote to continue for FY 2002 the following revolving accounts established pursuant to MGL C.44,§53E«:

1.      Preservation of Town Hall Auditorium: to allow receipts from the rental and custodial fees charged for the public use of Town Hall Auditorium to be segregated into a special account; and with funds therefrom, up to a limit of $20,000 annually, to be expended for the repair, updating and refurbishing of the Town Hall Auditorium under the direction of the Town Manager and Board of Selectmen;

2.      Shellfish Grants: to allow receipts from Shellfish Grants to be segregated into a special account; and with funds therefrom, up to a limit of $2,500 annually, to be expended under the direction of the Shellfish Warden and the Board of Selectmen for the purpose of shellfish seeding, cultivation on public shellfish areas;

3.      Sales of Vaccines: to allow receipts from sales of vaccines to be segregated into a special account; and with funds therefrom, up to a limit of $10,000 annually, to be expended for purchase of vaccines under the direction of the Director of Public Health and the Town Manager;

or to take any other action relative thereto.

[Requested by the Town Manager and the Board of Selectmen]

Article 7.                  Amendments to Personnel By-law/Classification and Compensation Plan. To see if the Town will vote as follows:

            1. Schedule A: to amend Schedule A, "Permanent Full and Part-time Non-Union Positions," of the Classification and Compensation Plan of the Town, by applying a 3.0% salary schedule adjustment effective July 1, 2001, as follows: 

and further, to raise and appropriate the sum of $55,845 to fund raises for FY 2002 for positions contained on this schedule in accordance with the performance appraisal system adopted pursuant to Section 4-1 of the Personnel By-law, said sum being equivalent to a 3.0% salary schedule adjustment plus the 2.2% step raise increase for which union employees are eligible;

            2. Schedule B: to amend Schedule B,” “Fire Department Positions,” effective July 1, 2001, as requested by the Board of Fire Engineers, as follows:

Annual Stipends for Reimbursement of Expenses

Position Current

Deputy Fire Chief $5,000.00

District Fire Chief/Engineer 1,800.00

Firefighter 450.00

Fire Auxiliary 225.00

Fire Captain (additional stipend) 335.00

Fire Lieutenant (additional stipend) 215.00

House Steward (additional stipend) 580.00

Oil Inspector 1,680.00

Rescue Captain (additional stipend) 630.00

Rescue Lieutenant (additional stipend) 525.00

Rescue Steward (additional stipend) 1,160.00

Rescue Training Officer (additional stipend) 315.00

Annual Salary

Position Current

Fire Chief $18,000.00

Non-Firefighter Positions - Hourly Wages +3%

Position Current Proposed

EMT-A $15.00 $15.45

EMT-Intermediate 16.25 16.74

EMT-Paramedic 18.00 18.54

Stand-by 10.40 13.62

Safety Inspections 10.40 13.62

and to raise and appropriate the sum of $3,502, for raises for positions contained on Schedule B for FY 2002;

            3. Schedule C: to amend Schedule C, “Seasonal and Part-time Non-Union Positions,” effective July 1, 2001, as follows:

and to raise and appropriate the sum of $67,000 and transfer $41,350 from the Parking Fund, for a total of $108,350, for raises for positions contained on Schedule C for FY 2002; or to take any other action relative thereto.

[Requested by the Town Manager and the Board of Selectmen]

Article 8.                  Zoning By-law Amendment: Use Regulations.  To see if the Town will vote to amend the Provincetown Zoning By-laws, Article I, by deleting Section 1260 in its entirety as of September 1, 2001; and by adding new items B9 and B10 and footnotes 18 and 19 to the Section 1240 table of Permitted Principal Uses and new item G14 and footnote 20 to the  Section 1250 table of Permitted Accessory Uses  as follows:

18  Theatrical exhibitions, public shows, public amusements and other exhibitions subject to the licensing provision of M.G.L. c. 140, Section 181 .

19  Automatic amusement devices subject to the licensing provisions of M.G.L. c. 140, Section 177A.

20   The conduct of concerts, dances, exhibitions, cabarets or public shows of any description in any club, restaurant or other establishment subject to the licensing requirements of M.G.L. c 140, Section 183A or accessory automatic amusement devices subject to the licensing provisions of M.G.L. c. 140, Section 177A.

or take any other action relative thereto.

[Requested by the Planning Board]

Article 9.                  Zoning By-law Amendment: Definitions.  To see if the Town will vote to amend the Provincetown Zoning By-laws, Article V, Definitions, by revising the definition of Structure to read as follows:

Structure shall mean a combination of materials assembled, constructed or erected such as a building or attachment thereof or a combination of materials assembled at a fixed location, including swimming pools having a capacity of 4,000 gallons or more, retaining walls which retain more than four feet of unbalanced soil, platforms, towers, dish antennae, masts for radio antennae, windmills or wind generators, and decks, but not including flagpoles, paving, palletized patios, or fences which do not exceed 6 feet above the property grade.  Temporary structures such as tents and canopies shall not exceed allowed lot coverage (see definition) or setbacks and shall not be construed to constitute a permanent structure or an addition thereto. The word "structure" shall be construed where the context requires, as though followed by the words, "or part or parts thereof"

Palletized patios shall mean a combination of materials assembled, constructed or erected which is not fixed to assembled materials, to a structure or to the ground and whose assembled components are no larger than 8 feet long by 4 feet wide by 6 inches high.

or take any other action relative thereto.

[Requested by the Planning Board]

Article 10.               Zoning By-law Amendment: Definitions. To see if the Town will vote to amend the Provincetown Zoning By-laws, Article V, Definitions, by inserting the word “cabin” following the word “inn” in the definition of Guest Unit; or take any other action relative thereto.

[Requested by the Planning Board]

Article 11.                Zoning By-law Amendment: Dwelling Units and Commercial Accommodations.  To see if the Town will vote to amend the Provincetown Zoning By-laws, Article III, Section 3151 Procedure by substituting "65 days" for "35 days" in the third sentence of Section 3151; or take any other action relative thereto.

[Requested by the Planning Board]

Article 12.               Zoning By-law Amendment: Building Scale (I). To see if the Town will vote to amend the Provincetown Zoning By-law by deleting Article VII Section 7102 building Scale; or take any other action relative thereto.

[Requested by Elspeth Vevers and others]

Article 13.               Zoning By-law Amendment: Building Scale (II).  To see if the Town will vote to amend the Provincetown Zoning By-laws, Article VII, Section 7102, Building Scale by revising subsections C. and E. as follows, adding the text in italics and deleting the text with strikeovers:

C. Procedure Each application for a building permit, except where the total volume is reduced, shall contain information on the building scale of all structures except for stand-alone accessory use structures of 10 scale units or less within two hundred fifty (250) feet of the center of the proposed building or renovation if a structure exists, and within two hundred fifty (250) feet of the center of the parcel for a proposed new building, as identified by the Assessor's office.

The scale and neighborhood average shall be determined by the Assessor's Office by calculating the volume in cubic feet of the building that is above grade, including roofs and porches. The volume should be is then divided by two hundred sixteen (216) to place it in scale units. The scale unit information for each of the surrounding buildings shall be shown on a map.  The mean (average) scale unit value shall be calculated for the 250 foot radius area.   The structures within the 250-foot radius with after removing the two structures with the highest and lowest number of scale units shall not be included in the average and after removing stand-alone accessory use structures of 10 scale units or less. 
All municipal buildings shall not be included in calculating the average scale units^59. For a new structure, the calculation shall not include the scale units of the proposed development; for a renovation project, the calculations shall contain the scale units of the structure prior to renovation.  (Illustrations regarding this procedure are to be available in the offices of the Town Clerk and the Building Inspector).
E. Board of Appeals Approval No approval for a deviation in building scale shall be granted unless the Board of Appeals finds that the deviation from the standards is in keeping with the standards for a Special Permit, the objectives of the Master Local Comprehensive Plan and is appropriate for at least one of the following reasons: 

1. The building is an important structure to the community as a whole.  Public buildings are logical candidates for this type of conditional approval.  For example, the Pilgrim Monument is out of scale with everything in town, yet its value as a monument to the town's history and in giving identity to the town, makes it acceptable. 

2. The building by necessity, must be large and that the location is suited for that larger scale use.  For example, churches may be permitted uses in a residential district and their larger scale is often dictated by traditional architectural forms.  Their location, however, should be limited to streets that can handle potential traffic volumes.

or take any other action relative thereto.

[Requested by the Planning Board]

Article 14.               Zoning By-law Amendment: Building Scale (III). To see if the Town will vote to amend the Provincetown Zoning By-laws, Article VII, Section 7102, Building Scale by revising subsections E. as follows, adding the text in italics and deleting the text with strikeovers:

E. Board of Appeals Approval No approval for a deviation in building scale shall be granted unless the Board of Appeals finds that the deviation from the standards is in keeping with meets the standards for a Special Permit under Article IV, Section 4300 and that the deviation is either in keeping with the objectives of the Master Local Comprehensive Plan and or is appropriate for at least one of the following reasons: 

1. The building is an important structure to the community as a whole.  Public buildings are logical candidates for this type of conditional approval.  For example, the Pilgrim Monument is out of scale with everything in town, yet its value as a monument to the town's history and in giving identity to the town, makes it acceptable. 

2. The building by necessity, must be large and that the location is suited for that larger scale use.  For example, churches may be permitted uses in a residential district and their larger scale is often dictated by traditional architectural forms.  Their location, however, should be limited to streets that can handle potential traffic volumes.

or take any other action relative thereto.

 [Requested by the Board of Selectmen]

Article 15.               Zoning By-law Amendment Building Scale (IV). To see if the Town will vote to amend the Provincetown Zoning By-law, Article VII, Section 7102, E, by adding a new paragraph 3 as follows:

      3.      The building scale deviation is warranted due to the size of the parcel of land involved so as to discourage subdivision into smaller parcels and the proposed building or addition will not result in a structure that will severely disrupt the character of the neighborhood in which it is located;

or take any other action relative thereto.

[Requested by Jon Salvador and others]

Article 16.                Zoning By-law Amendment: Growth Management By-law (I).   To see if the Town will vote to amend the Provincetown Zoning By-laws, Article VIII, by: Substituting the phrase “Hotel, Motel, Inn, Camp, Cabin” for the phrase “Hotel, Motel, Inn” in Article VIII, Table of Use Categories and Priorities, General Use Category 3c; and Adding to Article VIII, Section A. Definition Section the following new definitions:

Cabin shall mean a small, detached guest unit providing sleeping accommodations and cooking facilities for persons on a transient basis for compensation, and subject to the licensing requirements of MGL Chapter 140, Section 32A.

Camp shall mean any recreational camp or overnight camp subject to the licensing requirements of MGL chapter 140, Section 32A.

or take any other action relative thereto.

[Requested by the Planning Board]

Article 17.               Zoning By-law Amendment: Growth Management By-law (II).  To see if the Town will vote to amend the Provincetown Zoning By-laws, Article VIII, Section C, Procedure, 4; by deleting the following text:

(a) Growth Management Allocation Permits shall be issued on or about February 15, May 15, August 15, and November 15 of each year for the residential use categories listed under General Use Category 1 in Section D. (b) Growth Management Allocation permits shall be issued on or about May 15 of each year for the residential use categories listed under General Use Category 2 in Section D (c) Growth Management Allocation permits shall be issued on or about November 15 of each year for the non-residential use categories listed under General Use Category 3. (d) In order to b eligible for allocation consideration on any of said dates, the completed application must have been received no later than the 15^th day of the applicable, preceding month.

and substituting therefore the following new text:

Growth Management Allocation permits shall be issued based upon the allowed Growth Limitation Goal allocation for each category at the beginning of each calendar year in the order that Completed Applications have been received in the Department of Regulatory Management and after the Department of Regulatory Management has had 30 days to review the Completed Application.

or take any other action relative thereto.

[Requested by the Planning Board]

Article 18.               Zoning By-law Amendment: Growth Management By-law (III).  To see if the Town will vote to amend the Provincetown Zoning By-laws, Article VIII, Section E. Growth Limitation Goal Allocation, 3 to read as follows:

3  Annually, by November 15, the DPW Director, Water Superintendent, Permit coordinator, Planning Board, Board of Health, Water & Sewer Board, Local Housing Partnership and the Local Comprehensive Plan Implementation Committee shall evaluate the effects of growth on our resources including but not limited to potable water supply, solid waste disposal and wastewater disposal and issue a report to the Board of Selectmen on those impacts and their recommendations therefor.  The Board of Selectmen shall hold a Public Hearing on the report in December of each year.

or take any other action relative thereto.

[Requested by the Planning Board]

Article 19.               LCP Implementation: Funds to Update Zoning By-laws, Subdivision Rules & Regulations, and Sign Code.  To see if the Town will vote to raise and appropriate the sum of $20,000, to be expended under the direction of the Director of Regulatory Management for the funding of the Cape Cod Commission's assistance to the Town, under a Memorandum of Understanding, in performing a comprehensive update of the Town of Provincetown Zoning By-laws, Subdivision Regulations, and Sign Code in a manner consistent with the Local Comprehensive Plan; or take any other action relative thereto.

[Requested by Planning Board and Local Comprehensive Plan Implementation Committee]

Article 20.               Abolish Certain Town Boards. To see if the Town will vote to abolish the Community Policing Steering Committee established by vote under Article 1 of the April 7, 1993 Special Town Meeting, and the Parking Needs Study Committee established by vote under Article 6 of the November 1978 Special Town Meeting, neither of which town boards have met in the last year; or take any other action relative thereto.

[Requested by the Board of Selectmen]

Article 21.               Acceptance of Local Option Statute: Authorizing Quarterly Property Tax Bills.  To see if the Town will vote to accept the provisions of MGL Chapter 59,§57C, to allow the Town to send out property tax bills on a quarterly, rather than semi-annual basis, including estimated quarterly tax bills due August first and November first, with the additional interest income generated thereby to be deposited in the General Fund; or take any other action relative thereto.

[Requested by the Town Manager and the Board of Selectmen]

Article 22.               Acceptance of Local Option Statute:  Increase Maximum Income Limit for Tax Deferrals.  To see if the Town will vote to accept the provisions of section 126 of chapter 138 of the Acts of 1991, which allows the Town to increase the maximum qualifying gross receipts amount for clause forty-first A of section 5 of chapter 59 of the General Laws to $40,000; or take any other action relative thereto.

[Requested by the Board of Assessors]

Article 23.               Acceptance of Local Option Statute:  Establish Minimum Fair Cash Value Required for Personal Property Accounts To Be Taxed.  To see if the Town will vote to accept the provisions of section 114 of chapter 159 of the Acts of 2000, which adds the following paragraph to section 5 of chapter 59 of the General Laws: "Fifty-fourth.  Personal property, if less than an amount established by the city or town, but not in excess of $10,000 of value.  This clause shall take effect upon its acceptance by a city or town, which shall establish a minimum value of personal property subject to taxation and may modify the minimum value by vote of its legislative body." and further to set a minimum value of $2,000 of personal property in accordance with the provisions chapter 59, section 5, clause fifty-fourth, or to take any action relative thereto.

[Requested by the Board of Assessors]

Article 24.               Acceptance of Local Option Statute: Credit Firefighters with Full-time Service Pension Rights. To see if the Town will vote to accept Chapter 32, section 4 (2b«) of the Massachusetts General Laws, which will provide a credit of time served to Provincetown firefighters with full-time service pension rights, or take any other action thereto. [Requested by the Board of Fire Engineers]

Article 25.               Home Rule Petition/Amendment to the Provincetown Charter/ Prohibited Activities. To see if the Town will vote to instruct its representative in the General Court to file a home rule petition for a special act to read as follows:

SECTION 1. The Charter of the Town of Provincetown which is on file in the office of the Archivist of the Commonwealth as provided in Section 12 of Chapter 43B of the General Laws is hereby amended by amending the following section from Chapter 3, Article 4, section 3-4-6 to read as follows:

3-4-6            A member of a town board shall not be paid for any work done for the town, or be allowed to bid on any town contract for a job, which is in any way related to the board on which he or she serves.

SECTION 2. This act shall take effect upon its passage.

Or take any other action relative thereto.

[Requested by Anne Howard and others]

Article 26.               General By-law Amendment/Regulating the Operation of Personal Water Craft in Provincetown Harbor.   To see if the Town will vote to amend the General By-laws by amending Section 13-4-2, Personal Watercraft in Provincetown Harbor, to read as follows:

13-4-2-1. Definitions.

13-4-2-1-1. As used in this by‑law the term “personal watercraft” means a vessel propelled by a water-jet pump or other machinery as its primary source of propulsion that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in the conventional manner by a person sitting or standing inside the vessel.

13-4-2-1-2. As used in this by-law, the term "Provincetown Harbor" means "the waters extending from the shores of Provincetown to a line drawn from Long Point to the Provincetown/Truro line."

13-4-2-2. Except as provided in §13-4-2-3 below, the operation of personal watercraft is prohibited in the waters of the Town of Provincetown in the following areas:

(a) Within the boundaries of the Cape Cod National Seashore as set forth in Public Law 87-126, 7 August 1961, 75 Stat. 293, and as most recently surveyed by the U.S. Department of Interior.

(b) On the tidal waters of Provincetown Harbor and any adjoining river, inlet, cove, pond, embayment or harbor westerly of a line running from the Provincetown/Truro town line to Long Point Light.

13-4-2-3. Personal watercraft may be operated in the above areas described in §13-4-2-2 for the purpose of enforcement, search and rescue, training, or other emergency, provided it is under the direction of a duly authorized federal, state or local law enforcement or emergency response agency, or other authorized official.

13-4-2-4. The invalidity of any section or provision of this by-law shall not invalidate any other section or provision hereof.

or to take any other action relative thereto.

[Requested by the Board of Selectmen]

Article 27.               Resolution Against Prohibition of Personal Watercraft in Provincetown Harbor. To see if the Town will vote to adopt a resolution as follows:

WHEREAS: Concerns over the safety, noise and environmental disruptions of personal watercraft operation have been exaggerated and distorted.  Numerous studies and tests demonstrate that personal watercraft emit considerably less noise per unit, are quieter than most recreational  motorboats, and fall within accepted boat noise standards.

WHEREAS: The vast majority of personal watercraft operators who are competent and conscientious are being subjected to onerous regulations and bans while the root causes of concerns about the operational behavior of a very small percentage of personal watercraft operators are not effectively addressed.

RESOLVED: The people of Provincetown feel that banning personal watercraft denies equal protection to and violates the rights of personal watercraft operators who are safe and sensible to enjoy the freedom of navigation on the same basis as other boaters.  Further we believe that any ban on personal watercraft is unfair, illegal and improper;

or take any other action relative thereto.

[Requested by Jon Watson and others]

Article 28.               General By-law Amendment: 11-6 Public Ways: Damage to Town Streets During Private Construction Projects.  To see if the Town will vote to amend the General By-laws, Article 11-6, Public Ways, by amending section 11-6-1 to read as follows:

11-6-1.Excavation of public ways/Performance Bond. No person shall break or dig up the ground or surface of a town or public way or sidewalk without express permission from the Commissioner of Public Safety or his delegate, who shall require a performance bond sufficient to guarantee restoration of the street following excavation by a private contractor. Upon neglect or violation of any duty imposed under this by-law, such work may be performed by the Town at the expense of the person charged with the duty, and that expense may be received by the Town in a legal action of contract pursuant to MGL C.40,§31

And, further, by amending the fine schedule in Schedule A of said General By-laws to read as follows:

11-6-1.Excavation of public ways/performance bond. - First offense            50.00 $100.00

            second offense            $200.00

            third and subsequent offenses            $300.00

or to take any other action relative thereto.

[Requested by the Board of Selectmen]

Article 29.               General By-law Amendment: 11-7-2, Temporary Repairs to Private Ways. To see if the Town will vote to amend the General By-laws by relabelling Article 11-7 as "Private Ways;" by renumbering Section 11-7, "Standards for acceptance of private roads as public ways," as Section 11-7-1; and by adding a new section 11-7-2, to read as follows:

11-7-2. Temporary Repairs to Private Ways

11-7-2-1 Statutory conformance. This by-law is adopted in conformance with the provisions of MGL C40,§6N, to provide for the making of temporary repairs on private ways.

11-7-2-2. Conditions governing repairs. The following conditions shall govern any repairs made pursuant to this by-law.

a.      Any repairs shall be minor and temporary, as determined by the Director of Public Works, including grading and scraping and the filling of holes and impressions with sand, gravel or other suitable materials and shall not include the construction, reconstruction or resurfacing of such roads.

b.      Drainage shall be included to the extent required by public convenience and necessity as determined by the Director of Public Works.

c.      The Director of Public Works shall make a determination that such repairs are required by public necessity before such repairs may be undertaken.

d.      Such repairs shall only be made if the Board of Selectmen receives a petition from abutter(s) who own at least fifty percent (50%) of the linear footage of such way.

e.      Betterment charges may be assessed by the Board of Selectmen on the abutter(s) of such way up to an amount equal to the cost of such repairs.

f.       The town shall have no liability as a result of any such repairs, except as may be provided by law, and shall be held harmless on account of any damages whatever caused by such repairs by agreement executed by the abutter(s) who petitioned therefor.

g.      The private way shall have been opened to the public use for two years or more prior to the undertaking of such repairs.

h.      The Town Manager may require a cash deposit equal in amount to the estimated cost of such repairs, as determined by the Director of Public Works, to be paid to the town prior to the commencement of such repairs. The Town Manager may use any collection process deemed necessary in collecting from the abutters.

11-7-2-3. Determination of qualification. The Director of Public Works shall have full discretion in determining which repairs so qualify under this by-law.

or to take any other action relative thereto.

[Requested by the Town Manager and the Board of Selectmen]

Article 30.               General By-law Amendment: Wetlands Protection By-law. To see if the Town will vote to amend the General By-laws, by deleting Article 12, Wetlands By-law, in its entirety and by replacing it with a new Article 12, Wetlands Protection By-law, to read as follows:

12. Wetlands Protection Bylaw

12-1. Introduction. The purpose of this bylaw is to protect the foreshores, wetlands, water resources, and adjoining land areas in the Town of Provincetown by controlling activities deemed by the Conservation Commission likely to have a significant or cumulative effect upon resource area values, including but not limited to the following:  public or private water supply, groundwater quantity and quality, flood control, erosion and sedimentation control, storm damage prevention including coastal storm flowage, water quality, water pollution control, erosion and sedimentation control, fisheries, shellfish, wildlife habitat, rare species habitat including rare plant species, agriculture, aquaculture, and recreation values, deemed important to the Town (collectively, the “resource area values protected by this bylaw”).  This bylaw is intended to utilize the Home Rule authority of the Town to protect additional resource areas, for additional values, with additional standards and procedures stricter than those of the Massachusetts Wetlands Protection Act (G.L. Ch. 131, §40) and Regulations thereunder (310 CMR 10.00).

12-2. Jurisdiction.  Except as permitted by the Conservation Commission or as provided in this bylaw, no person shall commence to remove, fill, dredge, build upon, degrade, or discharge into, or otherwise alter the following resource areas: any freshwater or coastal wetlands; vegetated and unvegetated wetlands; marshes; flats; wet meadows; bogs; swamps; vernal pools; banks; reservoirs; lakes; ponds of any size; rivers; streams; creeks; beaches; dunes; estuaries; the ocean; lands under water bodies; lands subject to flooding or inundation by groundwater or surface water; lands subject to tidal action, coastal storm flowage, or flooding; and the one-hundred (100) foot Buffer Zone to any of the aforementioned resource areas or lands abutting any of the aforesaid resource areas as set out in §12-7 (collectively the “resource areas protected by this bylaw”).  Said resource areas shall be protected whether or not they border surface waters. 

In the event that the Commission determines that an activity occurring beyond the limit of jurisdiction noted above is likely to have, is having or has had a significant effect on the wetlands values of a resource area, the Commission may require the filing of a Notice of Intent or a Request for Determination of Applicability for that activity.

In determining whether a resource area is subject to the provisions of this Bylaw, the origin of the wetland, whether natural or manmade, is not a relevant factor.

12-3 Conditional Exceptions.

12-3-1. Public Utility Facilities. The application and permit required by this bylaw shall not be required for maintaining, repairing, or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, telephone, telegraph, or other telecommunication services, provided that written notice has been given to the Commission prior to commencement of work, and provided that the work conforms to performance standards and design specifications in regulations adopted by the Commission.

12-3-2.  Agricultural Uses. The application and permit required by this bylaw shall not be required for work performed for normal maintenance or improvement of land which is lawfully in agricultural use at the time the work takes place, provided that written notice has been given to the Commission prior to commencement of work, and provided that the work conforms to performance standards and design specifications in regulations adopted by the Commission.

12-3-3. Emergency Project. The application and permit required by this bylaw shall not be required for emergency projects necessary for the protection of the health and safety of the public, provided that the work is to be performed by or has been ordered to be performed by an agency of the Commonwealth or a political subdivision thereof; provided that advance notice, oral or written, has been given to the Commission prior to commencement of work or within 24 hours after commencement; provided that the Commission or its agent certifies the work as an emergency project; provided that the work is performed only for the time and place certified by the Commission for the limited purposes necessary to abate the emergency; and provided that within 21 days of commencement of an emergency project a permit application shall be filed with the Commission for review as provided by this bylaw.  Upon failure to meet these and other requirements of the Commission, the Commission may, after notice and a public hearing, revoke or modify an emergency project approval and order restoration and mitigation measures.

12-3-4.  Exceptions Contained in the Act.  Other than stated in this section, the exceptions provided in the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00) shall not apply under this bylaw.