The Yarmouth Taxpayer

Yarmouth?s Special Town Meeting

On September 13, 2006 there will be a Special Town Meeting to be held at the Mattacheese Middle School. There will be 26 Articles the Taxpayers will vote on including  Salary and Wage increases for Town Employees in Article 4. A  Prop 2 1/2 Override in Article 8.  A Wind Facilities Zoning Bylaw in Article 14. An Home Rule Petition to the a Massachusetts Legislature in Article 26.

Tax Rate.
The Tax Rate before last Aprils Annual Town Meeting was 5.95. The Tax Rate  after Town Meeting, and presently not certified, is 6.21. The Tax Rate could go up to 6.28 with a Town Meeting Vote and a Vote on September 19th  in regards to the override.

Real Estate Appraisal.
Last Year the Town did a interim Real Estate Property Appraisal. The town is presently doing the 3 year property appraisal, as required by law, with some eye raising results. So far this blogger has seen increases  running from 8 % to as much as 15%. The cause for these increases is based in the price of homes sold in 2005 and individual situations..

How Will  Real Estate Effect The Tax Rate?
This question will be hard to answer. It will depend on how the Voters vote at Town Meeting and on Sept 19th in regards to the Override so the town can figure what the actually tax rate will be..Generally the tax rate goes down. But will it? Property Values are still climbing , therefore could this offset any benefits from the Tax Rate being lowered. Last year the rate did go down, but the net result was an increase in taxes because of property values going up. It seems it will repeat again this year, only time will tell. The Taxpayer/Voters will decide this.

The Warrant.

ARTICLE 1: To see if the Town will vote to raise or transfer from available funds and
appropriate a sum of money to pay bills of prior years as provided by Chapter 44, Section
64 of the Massachusetts General Laws and to act upon any other bills that may properly
come before this meeting.

ARTICLE 2: To see if the Town will vote to transfer and appropriate from available
funds the sum of $25,000 to be added to line item 5-105 of the FY ’07 Town budget,
Veterans Benefits.

ARTICLE 3: To see if the Town will vote to raise or transfer from available funds in the Water Division and appropriate the sum of $90,000 for the use of the Water Division for the purpose set forth in the Acts of 1928, Chapter 146, or under Mass General Laws, Chapter 41, Section 69B, and to fund this sum transfer and appropriate the sum of $90,000 from the Water Reserve Account.   

ARTICLE 4: To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money to pay salary and wage increases for Town employees for FY ’07.

ARTICLE 5: To see if the Town will vote to authorize the Board of Selectmen to (i) acquire by purchase or eminent domain the following described parcels of land and easements; (ii) to convey the following described parcels of land and easements:
a) Acquire by purchase or eminent domain a parcel of property off Commonwealth Avenue shown as Lot 2 on a Plan Titled “Subdivision Plan of Land for the Town of Yarmouth, July 12, 2006, Scale: 1”=40’, Town of Yarmouth Engineering Division” and to fund such acquisition, transfer and appropriate a sum of money from available funds.
b) Sell a parcel of land at the intersection of Whites Path and Commonwealth Avenue shown as Lot 3 on a Plan Titled “Subdivision Plan of Land for the Town of Yarmouth, July 12, 2006, Scale: 1” = 40’, Town of Yarmouth Engineering Division.”
c) Acquire by purchase or eminent domain a drainage easement on Huntington Avenue shown on a Plan Titled “Subdivision Plan of Land for the Town of Yarmouth, July 12, 2006, Scale: 1” = 40’, Town of Yarmouth Engineering Division” and to fund such acquisition transfer and appropriate a sum of money from available funds.

ARTICLE 6: To see if the Town will vote to authorize the Board of Selectmen to
submit the following home rule petition to the Massachusetts Legislature:
An Act Authorizing the Town of Yarmouth to Send Certain Information to the Voters of
the Town.
Section 1. Notwithstanding section 22A of Chapter 55 of the General Laws, Section 21C
of Chapter 59 of the General Laws or any other general or special law to the contrary, the
Board of Selectmen of the Town of Yarmouth shall, at least 10 days before any election
at which a binding or non-binding question shall be submitted solely to the voters of said
town cause to be printed and sent to each residence of 1 or more voters whose name
appears on the latest active voting list for said town and make available at each polling
place (1) the full text of the question; (2) a fair and concise summary of the questions,
including a one sentence statement describing the effect of a yes or no vote, prepared by
the town counsel of said town; and (3) arguments for and against such question as
provided in Section 2.
Section 2. The Board of Selectmen of the Town of Yarmouth shall cause to be printed
and sent, in the manner provided in Section 1, arguments for and against each question
submitted solely to the voters of said town pursuant to any General Law, including but
not limited to, Section 21C of Chapter 59 of the General Laws. No argument shall
contain more than 250 words. Said Board of Selectmen, or, at its request the town
counsel shall seek such written arguments from the principal proponents and opponents
of each such question. Said Board of Selectmen shall designate a date by which written
arguments must be received, in a written notice to the principal proponents or opponents.
Said notice must be issued at least 14 days before the date by which the written
arguments must be received.
For the purposes of this act, the principal proponents and opponents of any such question
shall be those persons determined by said Board of Selectmen to be best able to present
the arguments for and against such question. The principal proponents or opponents of
such question may include a town officer or committee, and the principal proponents may
include the first 10 signers or a majority of the first 10 signers of any petition initiating
the placement of such question on the ballot. In determining the principal proponents and
opponents of such a question, said Board of Selectmen shall contact each ballot question
committee, if any, as defined in Section 1 of Chapter 5 of the General Laws, organized
specifically to influence the outcome of the vote on each question. If no argument is
received by said Board of Selectmen within the time allowed by this act, said town
counsel shall prepare such argument.
All arguments filed with or prepared by the Board of Selectmen under this act, and the
summary prepared under Section 1, shall be open to public inspection at the office of the
town clerk of said town.
Section 3. The official ballot shall include the summary and statements describing the
effect of a yes or no vote, as provided in clause (2) of Section 1.
Section 4. This act shall also apply where the question presented involves a regional
district of which the Town of Yarmouth is a member or involves a joint undertaking by
said Town of Yarmouth and 1 or more cities or towns.
Section 5. This act shall take effect upon its passage.

ARTICLE 7: To see if the Town will vote to transfer and appropriate from available funds the sum of $2,300 to purchase computer software to schedule and bill police and fire special details.

ARTICLE 8: To see if the Town will vote to raise and appropriate the following sums for the listed purposes, or to be added to the FY ’07 operating budget line items. Such sums shall be subject to an override of Propositions 2 ½.
CODE DEPARTMENT AMOUNT
A.CS-15 One Additional Computer $53,787
Position For Info Technology
Division
B.PS-1 Police Wages $404,000
Five Additional Positions ________
Total $457,787

ARTICLE 9: To see if the Town will vote to accept the amendment to the agreement
establishing the Dennis Yarmouth Regional School District proposed by the Dennis
Yarmouth Regional School District Committee to modify the cost and income allocation
formula, Section 4.

ARTICLE 10: To see if the Town will vote to appropriate a sum of money for design, engineering, architectural fees, construction and equipping of a new fire station #3 facility in the Town of Yarmouth to supplement the appropriation made under article 18 of the 2006 Annual Town Meeting and to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow such sum under Massachusetts General Laws Chapter 44, Section 7 (3) or any other enabling authority and that the Board of Selectmen is authorized to take any other action necessary to carry out this project.

Article 11: To see if the Town will vote to revise the Zoning Map by rezoning a lot off Bellevue Avenue in South Yarmouth, shown as Lot 57 on Assessor’s Map 61, from B1 Business to R40 Residential.

ARTICLE 12: To see if the Town will vote to revise the Zoning Map by rezoning a lot
off Route 28 in West Yarmouth, shown as Lot 223 on Assessor’s Map 30, from partly B2
Commercial and partly R25 Residential to all B2 Commercial.

ARTICLE 13: To see if the Town will vote to delete the definition of Transient in Zoning Bylaw Section 500 and add the following new definition:
TRANSIENT- for purposes of the limitations of Motel or Hotel use, Transient occupancy
shall be limited to the temporary and short term occupancy, ordinarily and customarily
associated with motel and hotel use. Transient occupants must have, and be able to
demonstrate that they maintain, a principal place of residence elsewhere. Transient
occupancy shall generally refer to continuous occupancy of not more than thirty (30)
days, and an aggregate of not more than ninety (90) days within any six (6) month period.
Use of a guest unit as a residence, or dwelling unit, shall not be considered transient.

ARTICLE 14: To see if the Town will vote to create a new Wind Facilities Zoning Bylaw by making the following changes to the Zoning Bylaw:
1. Revise Zoning Bylaw section 202.5, Use Regulation Table, by adding a new Use F9, Wind Facilities, allowable in all zoning districts by Special Permit from the Board of Appeals, as follows:
201.5 Use Regulation Table Res. RS-40 B1 B2 B3 MU APD AED MOD
F9 Wind Facilities BA BA BA BA BA BA BA BA BA
2. Add the following new definitions to Zoning Bylaw section 500 Definitions:
FLICKER EFFECT – Flicker is the apparent shadow flicker of the moving turbine blade
shadow when a wind turbine is between the viewer and the sun. This effect is most
pronounced in early morning or late afternoon or during early winter with the sun is at its
most southerly track. Flicker intensity shall be established based upon a review of the
anticipated days per year of probable flicker effect on the identified impact area and
existing use of the site. Flicker impact becomes unreasonable where: 1. it impacts the
daily routine of neighbors, and; 2. it impacts the quality of life of affected parties.
Affected parties shall be designated as those parties who live, work, or may otherwise
come into contact with the flicker zone during periods of flicker conditions during routine
activity.
WIND FACILITY – All equipment, machinery, and structures utilized in connection
with commercial and non-commercial wind-generated energy production and generation,
including related transmission, distribution, collection, storage or supply systems whether
underground, on the surface of the ground, or overhead, and other equipment or
byproducts in connection therewith, and the sale of the energy produced thereby,
including but not limited to wind turbine (rotor, electrical generator, and tower),
anemometers (wind measuring equipment), transformers, substation, power lines, control
and maintenance facilities, and access and service roads.
WIND FACILITY, COMMERCIAL – Those wind facilities which expect, and confirm
by annual measurements, that on average, they will annually consume less than fifty
percent (50%) of their total actual electrical output on the generation site or immediately
adjacent to it.
WIND TURBINE – Equipment used in wind-generated energy production. Wind
turbines capture the kinetic energy of the wind and convert it into electricity. Primary
components are the rotor (blade assembly), electrical generator, and tower. Wind
turbines are to be mounted on tubular towers, but not lattice towers, so that avian perches
are avoided to the furthest extent possible.
3. Add a new Wind Facilities section 413, or appropriate number, to the Zoning Bylaw,
with the following text:
413 WIND FACILITIES
413.1 Purpose. The purpose of this Bylaw is to facilitate the development and operation of commercial and non-commercial energy generating wind turbines while minimizing any adverse impacts of wind turbines on the character of neighborhoods, property values, scenic, historic, and environmental resources of the town; and to protect the health and safety of its inhabitants, while allowing wind energy technologies to be utilized.
413.2 Applicability. Any application to erect a structure that utilizes energy from the wind to generate electricity shall comply with the requirements of this bylaw.
413.3 Requirements. Wind facilities shall conform to the following requirements:
413.3.1 Minimum lot area. Wind facilities shall only be located on a parcel of land that contains at least 10 acres.
413.3.2 Setbacks from adjacent parcels. A minimum setback of each wind turbine from all property lines and from any other wind turbine shall be not less than the overall height of the turbine or three hundred (300) feet, whichever is greater.
413.3.3 Hub height. The height of any wind turbine, as measured from average natural grade at the base of the tower to the horizontal centerline of the hub around which the blades rotate, shall not be more than two hundred fifty (250) feet, and the blade clearance from the ground immediately below each wind turbine shall be at least thirty (30) feet. A waiver from this provision may be granted only if the Zoning Board of Appeals makes a finding that additional height is necessary for adequate operation of the wind facility and will otherwise fulfill the intent and purpose of this bylaw
413.3.4 Overall height calculation. For purposes of calculating the overall height of a wind turbine, the height shall be calculated as the vertical distance from average natural grade at the base of the tower to the uppermost extension of any blade or the maximum height reached by any part of the wind turbine.
413.4 Noise and Flicker effects. Wind Turbines shall not, during normal operating conditions, be injurious or detrimental to the neighborhood or the town by generating excessive or unreasonable noise or visual flicker. Except during short-term service events such as high windstorms or utility outages, noise from a wind turbine shall not exceed ambient noise levels by more than 10 decibels (10 dB), as measured from the nearest property line. The petitioner/property owner shall provide a statement listing the expected ambient noise measurement before tower construction, as well as the anticipated noise levels after installation, and the difference (if any). A similar data statement shall be provided by the owner based on actual measurements made after turbine completion and within 90 days of construction of the turbine, and from time to time thereafter as may be required by the Special Permit or upon request of the Building Commissioner.  Such noise measurement statements shall be certified and signed by an acoustical engineer certifying that all noise measurements are accurate. A certified copy of each noise measurement statement shall be provided to the Town’s Building Commissioner and/or others, as designated in the Special Permit.
A report identifying the visual flicker zone shall be provided as part of the proposed
project during the application phase of the project. The plan shall identify the area of
flicker shadow effect caused by the interaction of the turbine structure and the angle of
the sun during winter conditions when the angle of incidence is most pronounced to
indicate potential areas of impact.
413.5 As-built Plans. Within 60 days of completion of initial construction and/or any additional construction or reconstruction, the Facility owner shall furnish to the Building Commissioner two (2) complete sets of plans, drawn to scale and stamped by a Professional Land Surveyor, depicting the location of all towers and appurtenant facilities on the site
413.6 Inspection. At least every 24 months, all Wind Facilities shall be inspected by a person who is regularly involved in maintenance, inspection, operation, and/or erection of such wind towers. The property owner or operator shall provide a copy of each such inspection record to the Town’s Building Commissioner.  If, upon inspection, the Wind Facilities are deemed to constitute a danger to persons or property, then upon notice being provided to the owner, the owner shall have not more than 60 days to bring such facility into compliance in order to continue with its operation.
413.7 Removal due to abandonment or discontinuance of use. The property owner shall
remove any wind facility which has been determined by the Building Commissioner to
have been abandoned or its use discontinued If removal is required, all wind turbines
and appurtenant structures shall be removed and the wind facility site shall be revegetated.
Waste material from the site shall be properly disposed of in accordance with
Town and State disposal regulations. The Zoning Board of Appeals shall require, as part
of the Special Permitting process, that an escrow account or removal bond be established
and appropriate deposits or payments made to ensure adequate funds are available for
removal.

ARTICLE 15: To see if the Town will vote to transfer and appropriate the sum of $30,000 from the Transfer Station Reserve Account for replacement and/or repair of overhead doors at the Yarmouth/Barnstable Solid Waste Transfer Station.

ARTICLE 16: To see if the Town will vote to transfer and appropriate the sum of $25,000 from the Community Preservation Budgeted Reserve to acquire by purchase, eminent domain, or otherwise, for recreational purposes, a parcel of land as shown on Assessor’s Map 83 as Lot 3, consisting of approximately 2.48 acres and recorded with the Barnstable County Registry of Deeds in Book 10964, Page 116.

ARTICLE 17: To see if the Town will vote to transfer and appropriate the sum of $30,000 from the Community Preservation Community Housing Reserve for the purpose of funding a feasibility study to determine the suitability of town-owned land for community housing.

ARTICLE 18: To see if the Town will vote to transfer and appropriate the sum of
$150,000 from the Community Preservation Community Housing Reserve to assist
developers who raze or replace Route 28 hotels or motels and convert those properties
into residential or mixed-use community housing units.

ARTICLE 19: To see if the Town will vote to transfer and appropriate the sum of $80,000 from the Community Preservation Budgeted Reserve for the purpose of conducting a feasibility and needs assessment for a possible future Yarmouth Community Center, as well as obtaining associated architectural design services.

ARTICLE 20: To see if the Town will vote to transfer and appropriate the sum of
$250,000 from the Community Preservation Budgeted Reserve for the purpose of land
acquisition and development of six (6) affordable homes on Brush Hill Road in
Yarmouth Port, MA.

ARTICLE 21: To see if the Town will vote to transfer and appropriate the sum of $161,500 from the Community Preservation Budgeted Reserve for the historic preservation and rehabilitation of the Yarmouth New Church, 266 Route 6A, Yarmouth Port, MA.

ARTICLE 22: To see if the Town will vote to add the following new paragraph 5 to Zoning Bylaw Section 104.3.5:
5. Upon endorsement by the Planning Board, non-conforming lots and/or nonconforming
structures created by the division of a tract of land on which two or more
buildings were standing when the subdivision control law went into effect in Yarmouth
(Feb. 14, 1950), as outlined in M.G.L. Ch. 41, Sect. 81-L, shall require a Special Permit
from the Board of Appeals for any non-conformance.

ARTICLE 23: To see if the Town will vote to allow the conversion of property to a condominium form of ownership by right by deleting Zoning Bylaw section 104.4 Condominium Conversion, in its entirety.

ARTICLE 24: To see if the Town will vote to allow the re-establishment of residential uses deemed abandoned or discontinued for more than two years by Special Permit by adding the following new sentence to section 104.3.1:
Residential uses determined by the Building Commissioner to have been abandoned or
discontinued for more than two (2) years may be re-established by Special Permit from
the Zoning Board of Appeals.

ARTICLE 25: To see if the Town will vote to authorize the Selectmen to sell 0.4 acre
parcel off Willow Street, West Yarmouth shown as parcel 4 on Assessors Map 93.

ARTICLE 26: To see if the Town will vote to authorize the Board of Selectmen to submit a Home Rule Petition to the a Massachusetts Legislature to require that the Town of Yarmouth have a voting member on the Barnstable Municipal Airport Commission.