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Special Town Meeting |
Town Moderator
Mary-Jo Avellar convened the Special Town Meeting at 6:00 p.m. on November 13,
2006.
Preliminary Motions:
(1) Cheryl Andrews moved that the Town vote to waive the reading of
the warrant.
Motion Passed.
(2) Cheryl Andrews moved that the Town vote to grant permission to
speak at the November 13, 2006 Special Town Meeting to the following persons
who are not registered voters of the Town of Provincetown:
Motion Passed.
(3) Cheryl Andrews moved that on all matters to come before the
November 13, 2006 Special Town Meeting, requiring a two-thirds vote by statute,
that a count need not be taken unless the vote so declared is immediately
questioned by seven or more registered voters.
Motion Passed.
Article 1.
Wastewater Optimization and Expansion - Borrowing
Authorization. To
see if the Town will vote to
appropriate and borrow the sum of $6,200,000,
to be expended under the direction of the Town Manager and the Board of
Selectmen for the development of plans and specifications for optimization and
expansion to the Town’s sewerage systems, and including without limitation all
costs defined under C.29C,§1 of the General Laws; and to raise said appropriation
the Town Treasurer, with the approval of the Board of Selectmen, is authorized
to borrow said sum of money under and pursuant to C.44,§7(1) and/or C.29C of
the General Laws, or any other enabling authority, and to issue bonds or notes
of the Town therefor; and that to the extent that any State, Federal or other
funds are or become available for the purposes set forth above, the Board of
Selectmen is authorized to apply for and accept such funds; and, further, the
Town votes to authorize the Water and Sewer Board to assess one hundred percent
of the project cost to the Town upon those who benefit from the project, such
assessments to be made by the Uniform Unit method as provided by General Laws
Chapter 83, Section 15; or to take any other action relative thereto.
[Requested by the Board of Selectmen and the Town
Manager]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 5-0-0
WATER & SEWER
BOARD RECOMMENDS: 3-0-0
BOARD OF HEALTH
RECOMMENDS: 4-0-0
CONSERVATION
COMMISSION RECOMMENDS: 4-0-0
ECONOMIC DEVELOPMENT
COUNCIL RECOMMENDS: 4-0-0
Borrowing: 2/3’s vote required
under MGL C.44
Cheryl
Andrews moved that the Town vote to approve Article 1 as printed in the
warrant.
Motion Passed. (2/3rd’s
Vote Declared)
Article 2.
Zoning By-Law
Amendment: Growth Management Surplus Gallonage Pool. To see if
the Town will vote to amend the Zoning By-laws, Section 6600(3) to add an
initial amount to the Surplus Gallonage Pool available for allotment to
Category 5 (Economic Development pursuant to an Economic Development Permit),
by adding the italicized language so that said section reads as follows: “3. Initially,
5,000 gpd shall be allotted for assignment for General Use Category 5.
Gallonage in the Surplus Gallonage Pool shall be allocated to General Use Category
5 as such gallonage accrues.” or to take any other action relative thereto.
[Requested
by the Board of Selectmen and the Economic Development Council]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
ECONOMIC DEVELOPMENT
COUNCIL RECOMMENDS: 4-0-3
PLANNING BOARD
RECOMMENDS: 5-0-0
COMMUNITY
PRESERVATION COMMITTEE RECOMMENDS: 6-0-0
FINANCE COMMITTEE HAS
NO RECOMMENDATION
Zoning Amendment: 2/3’s vote
required
David
Nicolau moved that the Town vote to approve Article 2 as printed in the
warrant.
Astrid
Berg moved to indefinitely postpone Article 2.
Motion
to Indefinitely Postpone Does Not Pass.
Motion Passed. (2/3rd’s Vote Declared)
Article 3.
Endorsement of the U.S. Mayors Climate Protection Agreement.
To see if the Town will vote to approve this endorsement
recognizing the importance of confronting the growing threat of global warming
and join an alliance of towns, municipal (state, federal and local) agencies,
and private entities that support the following U.S.
Mayors Climate Protection Agreement.
WHEREAS, the U.S. Conference of Mayors has previously adopted
strong policy resolutions calling for cities, communities and the federal
government to take actions to reduce global warming pollution; and
WHEREAS, the Inter-Governmental Panel on Climate Change
(IPCC), the international community’s most respected assemblage of scientists,
has found that climate disruption is a reality and that human activities are
largely responsible for increasing concentrations of global warming pollution;
and
WHEREAS, recent, well-documented impacts of climate
disruption include average global sea level increases of four to eight inches
during the 20th century; a 40 percent decline in Arctic sea-ice thickness; and
nine of the ten hottest years on record occurring in the past decade; and
WHEREAS, climate disruption of the magnitude now predicted by
the scientific community will cause extremely costly disruption of human and
natural systems throughout the world including: increased risk of floods or
droughts; sea-level rises that interact with coastal storms to erode beaches,
inundate land, and damage structures; more frequent and extreme heat waves;
more frequent and greater concentrations of smog; and
WHEREAS, on February 16, 2005, the Kyoto Protocol, an
international agreement to address climate disruption, went into effect in the
141 countries that have ratified it to date; 38 of those countries are now
legally required to reduce greenhouse gas emissions on average 5.2 percent
below 1990 levels by 2012; and
WHEREAS, the United States of America, with less than five
percent of the world’s population, is responsible for producing approximately
25 percent of the world’s global warming pollutants; and
WHEREAS, the Kyoto Protocol emissions reduction target for
the U.S. would have been 7 percent below 1990 levels by 2012; and
WHEREAS, many leading US companies that have adopted
greenhouse gas reduction programs to demonstrate corporate social
responsibility have also publicly expressed preference for the US to adopt
precise and mandatory emissions targets and timetables as a means by which to
remain competitive in the international marketplace, to mitigate financial risk
and to promote sound investment decisions; and
WHEREAS, state and local governments throughout the United
States are adopting emission reduction targets and programs and that this
leadership is bipartisan, coming from Republican and Democratic governors and
mayors alike; and
WHEREAS, many cities throughout the nation, both large and
small, are reducing global warming pollutants through programs that provide
economic and quality of life benefits such as reduced energy bills, green space
preservation, air quality improvements, reduced traffic congestion, improved
transportation choices, and economic development and job creation through
energy conservation and new energy technologies; and
WHEREAS, mayors from around the nation have signed the U.S.
Mayors Climate Protection Agreement which, as amended at the 73rd Annual U.S.
Conference of Mayors meeting, reads:
The
U.S. Mayors Climate Protection Agreement
A.
We urge the federal
government and state governments to enact policies and programs to meet or beat
the target of reducing global warming pollution levels to 7 percent below 1990
levels by 2012, including efforts to: reduce the United States’ dependence on
fossil fuels and accelerate the development of clean, economical energy
resources and fuel-efficient technologies such as conservation, methane
recovery for energy generation, waste to energy, wind and solar energy, fuel
cells, efficient motor vehicles, and biofuels;
B.
We urge the U.S.
Congress to pass bipartisan greenhouse gas reduction legislation that includes
1) clear timetables and emissions limits and 2) a flexible, market-based system
of tradable allowances among emitting industries; and
C.
We will strive to meet
or exceed Kyoto Protocol targets for reducing global warming pollution by
taking actions in our own operations and communities such as:
1. Inventory global warming emissions in Town operations
and in the community, set reduction targets and create an action plan.
2. Adopt and enforce land-use policies that reduce
sprawl, preserve open space, and create compact, walkable urban communities;
3. Promote transportation options such as bicycle trails,
commute trip reduction programs, incentives for car pooling and public transit;
4. Increase the use of clean, alternative energy by, for
example, investing in “green tags”, advocating for the development of renewable
energy resources, recovering landfill methane for energy production, and
supporting the use of waste to energy technology;
5. Make energy efficiency a priority through building
code improvements, retrofitting Town facilities with energy efficient lighting
and urging employees to conserve energy and save money;
6. Purchase only Energy Star equipment and appliances for
Town use;
7. Practice and promote sustainable building practices
using the U.S. Green Building Council's LEED program or a similar system;
8. Increase the average fuel efficiency of municipal
fleet vehicles; reduce the number of vehicles; launch an employee education
program including anti-idling messages; convert diesel vehicles to bio-diesel;
9. Evaluate opportunities to increase pump efficiency in
water and wastewater systems; recover wastewater treatment methane for energy
production;
10. Increase recycling rates in Town operations and in the
community;
11. Maintain healthy urban forests; promote tree planting
to increase shading and to absorb CO2; and
12. Help educate the public, schools, other jurisdictions,
professional associations, business and industry about reducing global warming
pollution.
or to take any other action
relative thereto.
[Requested by the Board of
Selectmen and the Town Manager]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
BOARD OF HEALTH
RECOMMENDS: 4-0-0
CONSERVATION
COMMISSION RECOMMENDS: 4-0-0
FINANCE COMMITTEE HAS NO RECOMMENDATION
Keith Bergman moved that the Town vote to
approve Article 3 as printed in the warrant.
Motion Passed.
Article 4.
Cape Cod Renewable Fuels Partnership Declaration of Support.
To see if the Town will vote to approve this endorsement
recognizing the importance of confronting the growing threat of global warming
and join an alliance of towns, municipal (state, federal and local) agencies,
and private entities that support the following U.S. Mayors Climate Protection
Agreement.
1.0 BACKGROUND
WHEREAS, petroleum fuel and its combustion
by-products are made up of many toxic components that directly threaten the
health and welfare of Cape Cod; and
WHEREAS, dependence on oil and petroleum
fuels for our energy needs not only endangers human health, but also threatens
national security, the economy, and the environment with significant impacts to
flora, fauna, air, water, and natural habitat due to leaks, spills, emissions,
and discharges of petroleum-related toxins; and
WHEREAS, Cape Cod’s economy and its citizens
have been suffering the effects of over-dependence on oil, enduring significant
fluctuations in gas prices, supply availability, and now direct threats to our
safety due to the volatile nature of the international oil economy; and
WHEREAS, biofuels, such as biodiesel and
ethanol, can be produced from United States grown agricultural products such
as; soy, corn, and sugarcane, or extracted from waste products like used
cooking oil or wood wastes; and
WHEREAS, biofuels are highly compatible with
today’s vehicle technologies, requiring few or no modifications to the
vehicles; and
WHEREAS, biomass fuels include emissions of
carbon dioxide which is largely offset by the carbon dioxide captured in its
own creation so the net carbon dioxide emissions produced by using biofuels, in
lieu of the use of fossil fuel emissions, could significantly reduce greenhouse
gas emissions that contribute to global warming; and
WHEREAS, The
Cape Cod Renewable Fuels Partnership (Partnership) was established to
explore the viability of renewable fuels for Cape Cod, and the Partnership
is committed to expanding the use of renewable fuels by: providing a forum to educate potential users
and support opportunities for funding and collaboration, identifying
potential renewable fuel markets and infrastructure needs for Cape Cod, developing
recommendations and steps required to make the use of renewable fuels viable
and maximize economic benefits through the development of cooperative efforts.
NOW, THEREFORE, the parties to this
declaration support the following objective:
To develop and support an alliance of government agencies (municipal,
county, state, and federal) and private entities (businesses, non-profits, and
interested individuals) in order to establish a critical mass of renewable fuel
vehicles and infrastructure to make the use of renewable fuels viable and
maximize economic benefits through the development of cooperative efforts.
2.0 PARTIES TO THIS DECLARATION AGREE TO:
FIRST – BE IT RESOLVED that
the parties to this agreement will participate in and support the Cape
Cod Renewable Fuels Partnership Strategic Implementation Plan (Appendix
A).
SECOND - BE IT RESOLVED
that the parties to this agreement will support the use and development of
renewable fuels on Cape Cod by:
When appropriate, replacing existing
vehicles appropriate for ethanol fuels with “Flex Fuel” vehicles, of similar
size and class, capable of operating with 85% ethanol fuel blends as they are
retired. These vehicles will be operated on E85 when fuel is available and
doing so is viable based on economic and ecologic considerations
Agreeing
to use biodiesel blends, where appropriate and viable based on economic and
ecologic considerations. The biodiesel fuel applications to be considered
should include: On and off-road vehicles and equipment, Marine vessels, Heating
oil equipment, Direct and standby generators and other potential substitutes
for standard diesel applications.
Considering
other low emission, efficient, and or renewable transportation technologies.
or to take any other action
relative thereto.
[Requested by the Board of
Selectmen and the Town Manager]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
BOARD OF HEALTH RECOMMENDS:
4-0-0
CONSERVATION
COMMISSION RECOMMENDS: 4-0-0
FINANCE COMMITTEE HAS
NO RECOMMENDATION
Keith
Bergman moved that the Town vote to approve Article 4 as printed in the
warrant.
Motion Passed.
Article 5.
Fourth Town Landing – Disposition of Former Fire House
No. 2. To see if
the Town will vote to accept the alteration of the layout of the Fourth Landing
as shown on the plan on file with the Town Clerk and to transfer the care,
custody, management and control of the entire Fourth Landing from the Board of
Selectmen for the purpose of a town landing to the Board of Selectmen for the
purposes of a town landing and for conveyance or lease, and to authorize the
Board of Selectmen to convey a portion of the Fourth Landing, on such terms and
conditions, and for such consideration, as the Board of Selectmen deems
appropriate, provided that, in the case of conveyance, the Board of Selectmen
reserve the fee or a permanent easement to use, and allow the public at large
to use, the land within the altered layout as a town landing, and, in the case
of lease, the Board of Selectmen; exclude from the lease the land within the
altered layout, for continued use as a town landing; and to authorize the Board
of Selectmen to petition the General Court for a special act as set forth below;
provided, however, that the General Court may make clerical or editorial
changes of form only to the bill, unless the Board of Selectmen approve
amendments to the bill before enactment by the General Court. The Board of Selectmen is hereby authorized
to approve amendments that shall be within the scope of the general public
objectives of this petition:
An Act Relative to Non-Applicability of Certain
Provisions of the Zoning Act and Bylaw and Subdivision Control Act and
Regulations to Firehouse #2 in Provincetown
SECTION ONE. Notwithstanding the provisions of
sections 81K through 81GG of general laws chapter 41 and the regulations
adopted thereunder by the Provincetown Planning Board, the Barnstable County Registry of Deeds
shall accept for filing or recording a plan prepared by a licensed surveyor
that divides the area known as the fourth town landing, shown on Provincetown’
assessors map 11, block 1 as lot 009 and 009A, into a lot containing 2,028
square feet, more or less, to contain the building known as Firehouse No. 2
(defined herein as the “Firehouse Lot”), and a parcel containing 5,731 square
feet, more or less, to be retained by the town of Provincetown as a town
landing (defined herein as the “Altered Landing”), whether or not such plan is
endorsed “subdivision approval not required” by the Provincetown Planning
Board.
SECTION TWO. Notwithstanding the provisions of chapter
40A of the general laws or of any zoning bylaw enacted thereunder by the town
of Provincetown, the building located upon the Firehouse Lot and known as
Firehouse No. 2 may be structurally changed or altered, but not extended, subject to such approvals as may be required
from the Provincetown Historical Commission or Massachusetts Historical
Commission, to provide for its use as a single-family residence or any other
use permitted now or hereafter within the district in which said building is
located, notwithstanding that the Firehouse Lot may not comply with the area,
frontage, width and depth requirements of the Provincetown zoning bylaw and
notwithstanding that said building may not comply with the yard, lot coverage
or other dimensional requirements of the Provincetown zoning bylaw, and after
being so structurally changed or altered, said building shall enjoy the
exemption provided under the first sentence of section 6 of said chapter 40A as
to further alteration, reconstruction, extension or structural change of single
or two-family residential structures that do not increase the nonconforming
nature of said structure.
SECTION THREE.
The town of Provincetown may transfer the care, custody, management and
control of the Firehouse Lot from the board of selectmen for the purpose of a
public landing to the board of selectmen for the purpose of conveyance and may
convey the fee or any lesser interest in said Lot or may enter into a lease for
any number of years with respect to said Lot, and may convey an easement for
access and utilities appurtenant to said Lot, or include in said lease a right
of access over, the Altered Landing, said transfer and conveyance being hereby
approved under Article 97 of the Amendments to the Massachusetts Constitution.
SECTION FOUR. This act shall take effect upon its
passage.
or take any other action relative thereto.
[Requested by the Board of Selectmen]
BOARD OF SELECTMEN
RECOMMENDS: 4-1-0
FINANCE COMMITTEE
RECOMMENDS: 7-0-0
Disposition of Land – 2/3’s vote
required
Cheryl Andrews moved that the Town vote to accept the alteration of
the layout of the Fourth Landing as shown on the plan on file with the Town
Clerk and to transfer the care, custody, management and control of the entire
Fourth Landing from the Board of Selectmen for the purpose of a town landing to
the Board of Selectmen for the purposes of a town landing and for conveyance,
and to authorize the Board of Selectmen to convey the portion of the Fourth
Landing that is approximately shown on said plan as “Fire Station No. 2” and
contain 2,028 square feet, more or less, together with easement for access and
utilities over the remaining portion of the Fourth Landing for the benefit of
the Fire Station No. 2, on such terms and conditions, and for such
consideration, as the Board of Selectmen deems appropriate, provided that the
conveyance will include covenants requiring rehabilitation of former Fire House
No. 2, such covenants to be prepared by the Board of Selectmen in consultation
with the Provincetown Historical Commission; and to authorize the Board of
Selectmen to petition the General Court for a special act as set forth below;
provided, however, that the General Court may make clerical or editorial
changes of form only to the bill, unless the Board of Selectmen approve
amendments to the bill before enactment by the General Court. The Board of Selectmen is hereby authorized
to approve amendments that shall be within the scope of the general public
objectives of this petition.
An Act Relative to Non-Applicability of Certain Provisions of the
Zoning Act and Bylaw and Subdivision Control Act and Regulations to Firehouse
#2 in Provincetown
Section one. Notwithstanding
the provisions of sections 81K through 81GG of general laws chapter 41 and the
regulations adopted thereunder by the Provincetown Planning Board, the Barnstable County Registry of Deeds
shall accept for filing or recording a plan prepared by a licensed surveyor
that divides the area known as the fourth town landing, shown on Provincetown
assessors map 11, block 1 as lot 009 and 009A, into a lot containing 2,028
square feet, more or less, to contain the building known as Firehouse No. 2
(defined herein as the “Firehouse Lot”), and a parcel containing 5,731 square
feet, more or less, to be retained by the town of Provincetown as a town
landing (defined herein as the “Altered Landing”), whether or not such plan is
endorsed “subdivision approval not required” by the Provincetown Planning
Board.
Section two. Notwithstanding
the provisions of chapter 40A of the general laws or of any zoning bylaw
enacted thereunder by the town of Provincetown, the building located upon the
Firehouse Lot and known as Firehouse No. 2 may be structurally changed or
altered, but not extended, subject to such approvals as may be required from
the Provincetown Historical Commission, the Provincetown Historic District
Commission, or Massachusetts Historical Commission, to provide for its use as a
single-family residence or any other use permitted now or hereafter within the
district in which said building is located, notwithstanding that the Firehouse
Lot may not comply with the area, frontage, width and depth requirements of the
Provincetown zoning bylaw and notwithstanding that said building may not comply
with the yard, lot coverage or other dimensional requirements of the
Provincetown zoning bylaw, and after being so structurally changed or altered,
said building shall enjoy the exemption provided under the first sentence of
section 6 of said chapter 40A as to further alteration, reconstruction,
extension or structural change of single or two-family residential structures
that do not increase the nonconforming nature of said structure.
Section three. The town of
Provincetown may transfer the care, custody, management and control of the
Firehouse Lot from the board of selectmen for the purpose of a public landing
to the board of selectmen for the purpose of conveyance and may convey the fee
or any lesser interest in said Lot, and may convey an easement for access and
utilities appurtenant to said Lot over the Altered Landing, said transfer and
conveyance being hereby approved under Article 97 of the Amendments to the
Massachusetts Constitution.
Section four. This
act shall take effect upon its passage.
Austin Knight moved to indefinitely postpone Article 5.
Motion to Indefinitely Postpone Passed.
Article 6.
Fireworks Expenses. To
see if the Town will to raise and appropriate or transfer from available funds
the sum of $14,751 for fireworks expenses; or to take any other action relative
thereto.
[Requested by the Board of
Selectmen]
BOARD OF SELECTMEN
RECOMMENDS INDEFINITE POSTPONEMENT: 5-0-0
FINANCE COMMITTEE
DOES NOT RECOMMEND: 7-0-0
Keith Bergman moved to indefinitely postpone Article 6.
Motion Passed.
Article 7.
Fund Collective Bargaining
Agreements. To see what sums the Town will vote to raise and
appropriate or transfer from available funds to fund collective bargaining
agreements; or to take any other action relative thereto.
[Requested by the Board of
Selectmen and the Town Manager]
BOARD OF SELECTMEN RECOMMENDS INDEFINITE POSTPONEMENT:
5-0-0
FINANCE COMMITTEE RESERVES RECOMMENDATION
Keith Bergman moved that the Town vote to
indefinitely postpone action on Article 7.
Motion Passed.
Article 8.
FY 2007 Budget Adjustments. To see what amendments the Town will vote to
make to the Fiscal Year 2007 operating budgets and enterprise funds established under the April 3, 2006 Annual Town Meeting and what sums the Town
will vote to raise and appropriate or transfer from available funds therefor; or to take any other action relative
thereto.
[Requested by the Board of
Selectmen and the Town Manager]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE
COMMITTEE RECOMMENDS: 6-0-0
Keith Bergman
moved that the Town vote to amend its vote under Article 2, Division III,
Public Safety, of the April 3,
2006 Annual Town Meeting so that the sum of $135,000 is transferred from the
Municipal Waterways Improvement and Maintenance Fund to fund the 295 Marine
budget for FY 2007, and the sum of $3,022,186 is raised and appropriated, for a
total of $3,157,186, to fund operating budgets for the several Town departments
for Fiscal Year 2007 under budget Division III, Public Safety.
Motion Passed.
Article 9.
Massachusetts
Highway Department Chapter 90 Funds for Road and Sidewalk Construction and
Repairs.
To see if the Town will vote to appropriate funds available from the
Massachusetts Highway Department in the amounts of $82,051 and $37,856, for a
total of $119,907, for the undertaking of road and sidewalk construction and
repairs under the provisions of Section 34(2)(a) of Chapter 90 of the General
Laws, or
to take any other action relative thereto.
[Requested by the Board of
Selectmen and the Town Manager]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE
COMMITTEE RECOMMENDS: 7-0-0
Keith Bergman moved that the
Town vote to approve Article 9 as printed in the warrant.
Motion Passed.
Article 10.
Accept
MGL C.39,§23D Town Board Quorums at Adjudicatory Hearings. To see if the Town will vote to
accept, for all boards, committees, or commissions holding adjudicatory
hearings in the Town, the provisions of Section 23D of Chapter 39 of the
General Laws, which provide that a member of a board, committee, or commission
holding an adjudicatory hearing shall not be disqualified from voting in the
matter solely due to the member’s absence from one session of such hearing,
provided that certain conditions are met; or to take any other action relative thereto.
[Requested by the Board of Selectmen and the Town Manager]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
BOARD OF HEALTH
RECOMMENDS: 4-0-0
PLANNING BOARD HAS NO
RECOMMENDATION
CONSERVATION
COMMISSION RECOMMENDS: 4-0-0
FINANCE COMMITTEE HAS
NO RECOMMENDATION
Cheryl Andrews moved that
the Town vote to accept, for all boards, committees, or commissions holding
adjudicatory hearings in the Town, the provisions of Section 23D of Chapter 39
of the General Laws, which provide that a member of a board, committee, or
commission holding an adjudicatory hearing shall not be disqualified from
voting in the matter solely due to the member’s absence from one session of
such hearing, provided that certain conditions are met.
Motion Passed.
Article 11.
Accept
C.137 of the Acts of 2003, as amended: Military Leaves of Absence. To see if the Town will vote to accept section 1 of chapter 137 of the Acts of 2003, as
amended by section 1 of chapter 77 of the Acts of 2005, to require the Town to
pay employees of the Town who have been granted a military leave of absence
because the employee is a member of the army national guard, the air national
guard or a reserve component of the armed forces of the United States called to
active service in the armed forces of the United States after September 11,
2001, the employee’s regular base salary reduced by any amount received from
the United States as base pay for military service performed during the same
pay period, as further described in said chapter 137 of the Acts of 2003 and
chapter 77 of the Acts of 2005; or to take any other action relative
thereto.
[Requested by the Town
Manager and the Veterans Agent]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE
COMMITTEE RECOMMENDS: 7-0-0
Keith Bergman
moved that the Town vote to accept section 1 of chapter 137 of the Acts of
2003, as amended by section 1 of chapter 77 of the Acts of 2005, as printed in
the warrant.
Motion Passed.
Article 12.
Zoning By-Law
Amendment: Growth Management Change of
Use: Affordable Housing Requirement. To
see if the Town will vote to amend the
Provincetown Zoning By-laws to allow a change of use from non-residential use
to residential use through the issuance of a Special Permit by the Zoning Board
of Appeals, contingent upon the lot complying with Title V of the State
Sanitary Code and the requirement that the creation of 5 or more new dwelling
units will include an affordable housing set-aside of 33%, by
(a)
adding the italicized language so that said Section 4100 reads as
follows:
“Section 4100
Dwelling Units and Commercial Accommodation The following requirements
shall apply to new development for multi-family dwellings or commercial
accommodations, or to conversion of existing premises through change in use (see 4170), occupancy, tenure or
structure to result in use for more dwellings or guest units than as of July 1,
1978, or to construction or conversion resulting in three or more dwelling
units on a lot. Where other provisions
of this By-Law or other controls are more restrictive, those more restrictive
requirements shall apply and take precedence.”;
(b) by changing the numbering sequence for Article 4
Sections 4170 and 4180, so that said Section 4170 shall be renumbered as
Section 4164 and said Section 4180 shall be renumbered as Section 4165;
(c) and by adding the following Article 4 Section
4170:
“4170 Change of
Use Any change of use on a lot
from a non-residential use to a residential use, or a boarding, lodging or
tourist homes use, to a residential use regardless whether other Special
Permits or Variances are required, must comply with the following conditions:
i. Such change
of use shall be authorized with a Special Permit from the Zoning Board of
Appeals as provided for in Section 5300, which may require a Development Impact
Statement as specified in Article 5, Section 5331.
ii. Obtain a finding of compliance with Title V of the
State Sanitary Code, as determined by the Board of Health, such compliance to
be certified by a Registered Engineer.
iii. Such change of use resulting in the creation of
five (5) or more dwelling units shall be required to set aside a minimum of 33%
of the total number of dwelling units for affordable housing as defined in
Article 1 of these By-laws.
iv. The project must comply with the provisions of
Article 4, Section 4100.
v. None of the
above shall relieve the applicant of complying with other provisions of these
By-Laws.” ;
or to take any other action relative thereto.
[Requested
by the Provincetown Local Housing Partnership]
LOCAL HOUSING PARTNERSHIP RECOMMENDS AS
AMENDED: 5-0-0
HOUSING AUTHORITY RECOMMENDS: 4-0-0
BOARD OF SELECTMEN RECOMMENDS AS AMENDED BY
LOCAL HOUSING PARTNERSHIP:3-2-0
FINANCE COMMITTEE HAS NO RECOMMENDATION
ECONOMIC
DEVELOPMENT COUNCIL RECOMMENDS INDEFINITE POSTPONEMENT: 4-0-3
PLANNING BOARD RECOMMENDS INDEFINITE POSTPONEMENT:
5-0-0
COMMUNITY PRESERVATION COMMITTEE RECOMMENDS:
5-3-0
Zoning Amendment: 2/3’s vote required
Arturo Alon moved to amend the Provincetown
Zoning By-laws to allow a change of use from non-residential use to residential
use through the issuance of a Special Permit by the Zoning Board of Appeals,
contingent upon the lot complying with Title V of the State Sanitary Code and
the requirement that the creation of 5 or more new dwelling units will include
an affordable housing and/or community housing set-aside of 33%, by
(a) adding the italicized language so that
said Section 4100 reads as follows:
“Section
4100 Dwelling Units and Commercial Accommodation The following requirements
shall apply to new development for multi-family dwellings or commercial
accommodations, or to conversion of existing premises through change in use (see 4170), occupancy, tenure or
structure to result in use for more dwellings or guest units than as of July 1,
1978, or to construction or conversion resulting in three or more dwelling
units on a lot. Where other provisions
of this By-Law or other controls are more restrictive, those more restrictive
requirements shall apply and take precedence.”;
(b) by changing the numbering sequence for
Article 4 Sections 4170 and 4180, so that said Section 4170 shall be renumbered
as Section 4164 and said Section 4180 shall be renumbered as Section 4165;
(c) and by adding the following Article 4
Section 4170:
“4170
Change of Use Any change of use on
a lot from a non-residential use or a boarding, lodging or tourist homes use,
to a residential use other than a boarding, lodging or tourist homes use,
regardless whether other Special Permits or Variances are required, must comply
with the following conditions:
i.
Such change of use shall be authorized with a Special Permit from the
Zoning Board of Appeals as provided for in Section 5300, which may require a
Development Impact Statement as specified in Article 5, Section 5331.
ii. Obtain a finding of compliance with
Title V of the State Sanitary Code, as determined by the Board of Health, such
compliance to be certified by a Registered Engineer.
iii. Such change of use resulting in the
creation of five (5) or more dwelling units shall be required to set aside a
minimum of 33% of the total number of dwelling units for affordable housing or
community housing, as defined in Article 1 of these By-laws, or a combination
of affordable housing and community housing.
The mix of affordable housing and community housing shall be determined
by the Zoning Board of Appeals, in consultation with the Provincetown Local
Housing Partnership.
iv. The project must comply with the
provisions of Article 4, Section 4100.
v. None of the above shall relieve the
applicant of complying with other provisions of these By-Laws.”
Howard Burchman moved to indefinitely
postpone Article 12.
Motion to Indefinitely Postpone Article 12
Does Not Pass.
Motion Passed. (2/3rd’s Vote
Declared)
Article 13.
General By-law
Amendment: Noise Regulations for Street Performers.
To see if the town will vote to
remove the by-law exception stated below: 9-4-9, and 9-4-10, making street
performers subject to the same noise regulations as everyone else.
13-2-6-1.
Noise permitted by person in charge. No person occupying or having charge of any building, premises, mobile
or stationary vehicle, or any part thereof, shall cause, suffer or allow
unnecessary loud, excessive or unusual noise (regardless of its nature, source
or manner of production or reproduction) to be audible at a distance of fifty
(50) feet or more from the point of origin.
9-4-9.
Exclusivity. The provisions of this bylaw shall take
precedence over any other town bylaws applicable to street performances. To the extent that other town regulations or
bylaws are applicable and are inconsistent with this bylaw, this bylaw shall
govern.
9-4-10. Peace
and quiet. A performance in accordance with this bylaw shall be presumed not
to constitute a "noise nuisance," "disorderly conduct," or
an "excessive musical or other noise" in violation of 13-1-2 or
13-2-6.
or
to take any other action relative thereto.
[Requested by Tom Osterink and others]
BOARD OF SELECTMEN
DOES NOT RECOMMEND: 4-0-1
FINANCE COMMITTEE HAS
NO RECOMMENDATION
Tom Osterink moved that the Town vote to
amend the General By-laws by removing the by-law exceptions set forth in
Sections 9-4-9 and 9-4-10 making street performers subject to the same noise
regulations as everyone else.
Motion Passed.
Article 14.
Abolish the Historic
District Commission. To see if the Town will vote as follows: Whereas the
Historic district commission has repeatedly made decisions with total disregard
to public safety, the safety of emergency personnel and the safety of the
community as a whole. Whereas the Historic District committee has
repeatedly made decisions that are based on personal opinion and are subjective
with no clear criteria or set standards. Whereas the Historic District
Commission has repeatedly made decisions with total disregard to energy
conservation and the maintenance costs of property owners, I move to see if the
town will vote to abolish the Historic District Commission, or to take any
other action relative thereto.
[Requested by
Jonathan Sinaiko and others]
BOARD OF SELECTMEN
RECOMMENDS INDEFINITE POSTPONEMENT: 5-0-0
HISTORIC DISTRICT
COMMISSION DOES NOT RECOMMEND: 5-0-0
ECONOMIC DEVELOPMENT
COUNCIL RECOMMENDS: 4-0-3
FINANCE COMMITTEE HAS
NO RECOMMENDATION
Jonathan
Sinaiko moved that the
Town vote as follows: Whereas the Historic district commission has repeatedly
made decisions with total disregard to public safety, the safety of emergency
personnel and the safety of the community as a whole. Whereas the
Historic District committee has repeatedly made decisions that are based on
personal opinion and are subjective with no clear criteria or set standards.
Whereas the Historic District Commission has repeatedly made decisions with
total disregard to energy conservation and the maintenance costs of property
owners, therefore I move that the town vote to abolish the Historic District
Commission.
Eric Dray moved that the Town vote to
indefinitely postpone action on Article 14.
Motion to Indefinitely Postpone Passed.
Town Moderator Mary-Jo Avellar motioned to dissolve
the November 13, 2006 Special Town Meeting at 9:40 p.m. Motion Passed.
November 13, 2006 Special Town Meeting dissolved at 9:40 p.m.