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SPECIAL TOWN MEETING

ARTICLE 1: To see if the Town will vote to authorize the Board of Selectmen to enter into negotiations
with the owners of the Tony Andrews Farm Properties (Andrews Lands), being approximately 36.5 acres,
more or less, on or in the vicinity of Old Meetinghouse Road in East Falmouth, for the purpose of
acquiring the Andrews Lands, or any interest in said lands including appropriate restrictions on future use,
and further to appropriate a sum of money for the purpose of a down payment, an option to purchase or
other form of agreement to acquire said lands, or any interest therein, and to fund appraisals, surveys,
engineering studies and other due diligence activities, and further to apply to the Community Preservation
Committee, the LAND GRANT program of the Massachusetts Executive Office of Energy and
Environmental Affairs or any other appropriate agency for grants to fund the proposed acquisition, to
determine how the same shall be raised and by whom expended. Or do or take any other action on the
matter. On request of the Three Hundred Committee and others.

RECOMMENDATION (Finance Committee): That the Town vote to transfer the sum of $225,000 from
certified free cash for the purposes of this article. Said funds to be expended under the jurisdiction of the
Town Manager.

EXPLANATION: The amount of $200,000 is for a down payment once there is a signed purchase and
sale agreement. The remaining $25,000 is for surveys, appraisals, etc. The Town will return to Town
Meeting for full funding in November if an agreement is reached. If an agreement is not reached the
$200,000 deposit will be returned to the Town.

ARTICLE 2: To see if the Town will vote to authorize the Board of Selectmen to petition the General
Court for special Home Rule Legislation, as follows:

Notwithstanding any general or special law to the contrary, the Town of Falmouth may impose a room
occupancy tax, in addition to such occupancy tax currently allowed by law, on any vacation or leisure
accommodation including, but not limited to apartments, single or multi-family housing, cottages,
condominiums, and time share units, as well as any other vacation or leisure accommodation not
expressly taxed pursuant to the provision of General Laws, Chapter 64G, at the rate of 6% of the total
amount of the rate for each occupancy. Vacation or leisure accommodation is further defined to include
only paid occupancy for a period of ninety consecutive days or less, regardless of whether such use and
possession is as a lessee, tenant, guest or license, but excludes those accommodations specifically
exempted from General Laws, Chapter 64G, in section 2 of that chapter.

And to state that the legislature may vary the form of the enactment in order to properly achieve its
objectives, or to take any other action relative thereto. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): That the Town vote Article 2 as printed.

EXPLANATION: This special legislation was approved by Town Meeting two years ago and needs to be
refiled.

ARTICLE 3: To see if the Town will vote to authorize the Board of Selectmen and/or the Falmouth
Conservation Commission to transfer by sale or lease the Farley Bog, Assessors Map 20 06 063 000,
containing 14.5 acres, more or less, located off Browns Road in East Falmouth to the Falmouth Rod &
Gun Club, or a similarly purposed not for profit charitable corporation, upon such terms and conditions
and for such consideration as the Board of Selectmen and/or the Conservation Commission deem
appropriate, for the purpose of facilitating the restoration of wetlands and inland fisheries in the Childs
River and further 1) that the transfer for said purposes be assured by a conservation restriction on said
land to be held and enforced by the Conservation Commission, 2) that the Board of Selectmen be
authorized to petition the Massachusetts General Court for appropriate special legislation to permit the
transfer in accordance with the provisions of Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts, and any other legal requirement, and 3) that the Board of Selectmen

APRIL 2017 SPECIAL TOWN MEETING


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and/or the Conservation Commission be authorized to apply for or to participate with others in
applications for grants or funding to accomplish the purposes of this article. Or do or take any other
action on the matter. On request of the Board of Selectmen.

RECOMMENDATION (Board of Selectmen): Recommendation will be made on Town Meeting floor.

EXPLANATION: Information is still being gathered and evaluated on the remaining process and
Selectmen will make a motion on Town Meeting floor.

APRIL 2017 SPECIAL TOWN MEETING


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