Special Town Meeting

Monday, April 1, 2002 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 First day of April, A.D. 2002 at 7:30 o'clock in the evening, then and there to act on the following articles, to wit:

cape end manor

Article 1. Cape End Manor Care Campus and Route 6 Open Space Corridor. To see if the Town will vote as follows:

WHEREAS, for more than half a century the Town of Provincetown has provided nursing home services for the Outer Cape by owning and operating the Cape End Manor, often at significant annual subsidy by Provincetown’s property taxpayers; and

WHEREAS, in order for nursing home services to continue to be provided, our aged Manor building must be replaced with a new facility, something the Town cannot afford to do itself; and

WHEREAS, in order to provide needed services in our geographically-isolated community at the tip of Cape Cod, the Board of Selectmen and the Cape End Manor Board of Directors have developed an innovative plan for a new Cape End Manor Care Campus, in which a qualified non-profit health care entity would construct and operate a new nursing home facility, affordable assisted living, and rehabilitation therapies; and

WHEREAS, following a competitive procedure, the Board of Selectmen has selected Roush & Associates, Inc. as the most advantageous proposal to carry out this innovative plan, subject to obtaining necessary approvals from town meeting and the Commonwealth of Massachusetts; and

WHERAS, after a thorough search, the Board of Selectmen and Cape End Manor Board of Directors have selected Site Y, so-called, a five-acre site along Route 6 near Howland Street, as the proposed location for the new facility; and have taken steps to secure that property from the Commonwealth of Massachusetts; and

WHEREAS, the Cape End Manor Care Campus proposal represents a once-in-a-generation opportunity to provide a continuum of needed health care services in Provincetown; and

WHEREAS, Article 58 of the April 1, 1991 Annual Town Meeting voted to authorize the Board of Selectmen to petition the Commonwealth of Massachusetts and Barnstable County to discontinue all or a portion of that part of State Route 6 which lies within the corporate boundaries of Provincetown; and

WHEREAS, the Board of Selectmen has petitioned the Massachusetts Highway Department to acquire all 221 acres comprising the layout of Route 6 in Provincetown; and

WHEREAS, of the 221 total acres, 61 acres are needed for the roadway, 5 acres for the Cape End Manor Care Campus, with a balance of 155 acres available for open space and conservation land;

THEREFORE, the Town votes to instruct its representative in the General Court to file a home rule petition for a special act entitled, “An Act Discontinuing A Portion Of Route 6 In Provincetown As A State Highway And Authorizing And Directing The Executive Office Of Transportation And Construction To Convey Certain Land To The Town Of Provincetown For Public Way Purposes And Also For The Purposes Of Conveyance And Open Space” to read as follows

SECTION 1: Notwithstanding the provisions of section twelve of chapter eighty-one of the general laws, the portion of Route 6 in the town of Provincetown, having approximately five acres, along the southerly sideline of route 6 between Snail Road and Howland Street, abutting a former railroad location, shown on the plan entitled “Plan of Cape End Manor Care Campus Site,” a copy of which is filed in the office of the director of the Provincetown department of public works, is hereby discontinued as a state highway, hereby becoming a town way, and the commissioner of the executive office of transportation and construction, hereinafter referred to as the commissioner, is hereby directed to file in the office of the Barnstable county commissioners and in the office of the Provincetown town clerk a certified copy of a plan showing the portion of the way so discontinued.

SECTION 2: Notwithstanding the provisions of sections forty E through forty J of chapter seven of the general laws, the commissioner is hereby authorized, empowered and directed to grant to the town of Provincetown, by deed, for consideration as set out in section six of this act, the land described in section one of this act, to be held by said town for public way purposes and also for the purpose of conveyance to a not-for-profit corporation or corporations organized under chapter 180 of the general laws, for such monetary or non-monetary consideration as the board of selectmen of said town shall determine, which shall include the reservation by said town of a restriction, enforceable by said town in perpetuity, that said land shall be used for medical care purposes, which may include a nursing home and an assisted living facility, or to be held for such other purpose as the Provincetown town meeting shall vote pursuant to section fifteen A of chapter forty of the general laws.

SECTION 3: The portion of route 6 to be discontinued and the parcel of land to be conveyed to the town of Provincetown is a portion of the land taken in 1953 by layout and order of taking number 4070, dated September 8, 1953, recorded with the Barnstable County registry of deeds in Book 854, Page 123, as shown on the plans of said state highway, on file in the office of the department of highways, as such layout has been subsequently altered by the commissioner.

SECTION 4: The commissioner having voted pursuant to section twelve of chapter eighty-one of the general laws to discontinue all but the parcel described in section one of this act of the layout of route 6 in Provincetown described in section three of this act as a state highway, such discontinued portion having become a public town way, the board of selectmen of the town of Provincetown is hereby authorized to alter the layout of said town way so that at least sixty one acres remains within said town way as so altered, and to accept such altered layout, the remaining land within said original layout, other than the parcel described in section one of this act, being approximately one hundred and fifty five acres of land as shown on the plan entitled “Route 6 Conservation Land Parcel,” a copy of which is filed in the office of the director of the Provincetown department of public works, to be transferred from the care, custody, management and control of the board of selectmen for public way purposes to the conservation commission for conservation, open space and passive recreation purposes, notwithstanding the provisions of section fifteen A of chapter forty and sections twenty-one through twenty-four of chapter eighty-two of the general laws, said transfer to become effective upon the acceptance of such altered layout by said board of selectmen.

SECTION 5: The board of selectmen of the town of Provincetown is hereby authorized, this act constituting the authorization required under the provisions of section three of chapter forty of the general laws and no vote of transfer being required under section fifteen A of chapter forty of the general laws, to convey the land described in section one of this act only after the layout of said town way known as Route 6 has been altered by the board of selectmen of said town as provided in section four of this act, and said altered layout is accepted by said board of selectmen.

SECTION 6: The consideration to be given by the Town to the commonwealth shall be, at the option of the town, either the full and fair cash value to the non-profit grantee of the parcel described in section one of this act, such value to be determined by the commissioner by impartial appraisal taking into account the perpetual restriction to be held by the town of Provincetown as set out in section two of this act, or shall be the dedication by said town for public way purposes and inclusion within the altered layout of said route 6 a parcel of equal size as said land to be conveyed, said other land to be land now owned by the town of Provincetown or to be acquired by the town of Provincetown and not land within the present layout of route 6. If the land held by the town of Provincetown is land that is protected under article 97 of the amendments to the state constitution, the transfer of said protected land for said public way purposes is hereby approved.

SECTION 7: This act shall take effect upon its passage.

The General Court may only make clerical or editorial changes of form to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the general court. The Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition; and further to raise and appropriate or appropriate by borrowing or by transferring a sum of money for the purpose of such acquisition, and to authorize the treasurer, with the approval of the board of selectmen, to issue bonds or notes of the town therefor, and to authorize the Board of Selectmen to apply for and accept any federal, state or private gifts or grants for the purpose of such acquisition, or to take any other action relative thereto.

[Requested by the Board of Selectmen, the Cape End Manor

Board of Directors, and the Human Services Committee]

Article 2. Route 6 Highway Corridor Overlay District. To see if the Town will vote to amend the Provincetown Zoning By-laws in order to establish a new Highway Corridor Overlay District (“HCOD”) within a portion of the former Rte. 6 State Highway Layout by adopting a new Article XI to read as follows:

ARTICLE XI HIGHWAY CORRIDOR OVERLAY DISTRICT

11010 Purposes

The purpose of the Highway Corridor Overlay District (“HCOD”) is to promote the public health and welfare by allowing for campus-type development of health care-related uses in a readily accessible location.

11020 District Boundaries

The boundaries of the HCOD are shown on a map entitled: “Highway Corridor Overlay District, Provincetown, MA”, dated December 17, 2001, which map is hereby incorporated into the Zoning By-laws by reference. The boundaries are further described as follows: Those lands south of the paved surface of Route 6, going southward to and including the railroad bed; and those lands running from the eastern edge of Howland Street to an area somewhat east of Site Y and the Atkins-Mayo Road, but excluding the residential properties in this area having frontage on Howland Street.

11030 Permitted Uses

11031 Within the boundaries of the HCOD, the following uses are permitted: Any use permitted in the underlying district in which the land is situated, subject to the same use and development restrictions as may otherwise apply thereto.

11032 Within the boundaries of the HCOD, the following additional uses may be authorized with a special permit issued by the Zoning Board of Appeals, subject to a finding that the proposed use is consistent with the purpose of the HCOD district and conforms to all applicable provisions of the Zoning By-laws:

Nonprofit Nursing Home, Convalescent Home

Nonprofit Assisted Living Facility

Outpatient Rehabilitation Facility

11040 HCOD Dimensional Regulations

The following dimensional regulations shall apply to uses authorized under Section 11032:

Minimum lot area: 5 acres

Minimum frontage: 200 feet on Route 6

Minimum Front Yard Setback: 75 feet

Minimum Rear Yard Setback: 50 feet

Minimum Side Yard Setback: 45 feet, of which a minimum of 30 feet shall be maintained as a vegetative buffer

11050 Parking Standards

The following parking standards shall apply to uses authorized under Section 11032:

Nursing Home, Convalescent Home: One (1) space per two (2) beds

Assisted Living Facility – One (1) space per one (1) bed

Outpatient Rehabilitation Facility: Three (3) spaces per staff doctor, therapist, nurse or other professional plus one (1) space per other employee on the longest shift.

11060 HCOD Definitions

Nonprofit Nursing Home, Convalescent Home, shall mean a not for profit institution or facility licensed under G.L. c. 111, §71, and maintained for the purpose of providing nursing or convalescent care for four or more persons admitted thereto.

Nonprofit Assisted Living Facility shall mean a not for profit residential facility for elderly or disabled persons, certified under G.L. c. 190, §3, providing room and board together with personal services such as assistance with, or supervision of, activities of daily living, self-administered medication management and similar self-care assistance services, to its residents.

Outpatient Rehab Facility shall mean outpatient rehabilitation services including restorative therapies such as sports therapy; occupational therapy; physical therapy; speech therapy.

Or take any other action relative thereto. The original copy of this zoning by-law change and the proposed HCOD map are on file for public inspection in the Town Clerk’s Office.

[Requested by the Board of Selectmen, the Cape End Manor Board of Directors,

and the Human Services Committee]

Article 3. Zoning: Exemption From Growth Management By-Law: Non-Profit Health Care Related Use. To see if the Town will vote to amend the Provincetown Zoning By-laws, Article VIII, The Growth Management By-law, in order to exempt non-profit health care related uses from application of Article VIII by:

(1) adding to Section VIII.A Definitions Section the following definition of "Nonprofit Health Care Related Use" :

Nonprofit Health Care Related Use: a nonprofit nursing home, convalescent home, or a nonprofit assisted living facility, as defined in Article IX , or an outpatient rehabilitation facility as defined in Article IX provided it is not operated for profit.

(2) amending Section VIII.B by inserting the phrase "Except as provided below," at the beginning of the first sentence