Town of Provincetown
PUBLIC HEARING
Proposed Public Use Fee Schedule for Town Properties
The Board of Selectmen will hold a public hearing on Monday, July 26 at 7:00 p.m. in the Judge Welsh Hearing Room, Town Hall, 260 Commercial Street, Provincetown to consider the new fee schedule for Town Properties and the Regulations for the Public Use of Town Properties:
The following proposed fee changes will take effect September 1, 2021 (approved applications with a deposit in place will be grandfathered under the Usage Fee at the time of approval).
Regulations for Use of Town Properties (Except for Town Hall and Town Hall Grounds)
PURPOSE:
The Town of Provincetown is fortunate to have a vast array of historic and natural resources for all to enjoy. The purpose of these regulations is to preserve the existing landscape and fragile resources of the Town, as well as minimize any impacts to vehicle and pedestrians, and ensure that others may be able to enjoy these properties for years to come.
These regulations apply to the following properties:
1. Bas Relief Park
2. Lopes Square
3. Suzanne’s Gardens
4. First Landing Park
5. VMCC Parking Lot
FILING PROCESS:
The application for the Use of Town Properties for any event (public or private) is to be filed with the Provincetown Event Coordinator, who in turn is responsible for managing all requests. These regulations are administered by Town Administration on behalf of the Select Board. Required fees must be paid and ancillary permits associated with the work approved prior to the event.
RULES AND REGULATIONS:
1. An application and permit will be required when an individual or group requests use of aTown Facility (i.e. the above mentioned properties) for the purpose of (but not limited to) the following:
a. A non-profit event (i.e. fundraiser, concert, training)
b. A for-profit event (i.e.performance,concert,show,)
c. Wedding
d. Photography Shoot
e. Other
2. The use of Town Properties by an organization and/or individuals for the purpose of marketing private product or company is prohibited.
3. Proper liability insurance will be required in the amount of at least One Million Dollars ($1,000,000.00). An original certificate indemnifying the “Town, its officers, agents, and employees” must be submitted with the application, or provided to the Town a minimum of 21 days prior to the event to avoid forfeiture of the deposit.
4. For each permitted use, a representative will be designated as the responsible party. The responsible party must provide a Certificate of Liability Insurance for the event with the Town of Provincetown named as an additional insured. The General Liability limits shall be $1,000,000 per occurrence/$2,000,000 General Aggregate, and proof of Worker’s Compensation Insurance (if applicable) in the amount of the state statutory limit. An insurance waiver may be required.
5. Non-profit requests must be made by a non-profit and include a current IRS501(c)(3) form letter. The application must be signed by the Town Authorized Officer of the non-profit, or include a letter containing the non-profit’s letterhead appointing an authorized agent for the purposes of the application and declaring that the event’s proceeds benefit for the non-profit, and that the non-profit will collect the funds associated with the activity. Subletting is strictly prohibited and will result in the loss of use of the property, forfeiting of any deposit, and suspension from future use of the property.
6. If more than one person (up to two) is authorized to be responsible for access and security, their name, address and telephone number must be submitted in advance to the Event Coordinator.
7. Town Hall Land is available for use seven (7) days a week subject to availability.
Events will not be permitted which interfere with the normal routine of Town business or normal use of the premises concerned. If a permitted event interferes, the Event Coordinator will work with the representative of the event to determine the best solution. In the event of a conflict, failing such resolution, the use permission will be suspended or revoked in favor of the Town’s needs without the Town incurring any resultant liability.
8. In the event of a conflict, Town business will prevail, with no resultant liability incurred by the Town.
9. In the event of an emergency, the Authorized Town Representative takes on the role as the Person in Charge. In the case where a member of the law enforcement is present, this person will take on the role as the Person in Charge.
10. The applicant agrees to pay for the repair of any damage to the premises or its contents, or to pay for the replacement of any contents damaged, as a result of the permitted use, and to cover any potential legal costs associated with the recovery of damages. There shall be no alteration or modifications made to Town property, either temporary or permanent. Anchoring into sidewalks, lawns, memorials, and modifications of existing landscaping are forbidden, will result in loss of a deposit, and may accrue other penalties, including loss of future use of the property.
11. Advertising, decorations, etc. must be approved by the Town Authorizing Officer and are subject to local zoning by laws, licensing regulations, and any additional required permits. The Town Authorized Officer will be the Town Event Coordinator, Custodian, or other Designated Town Employee. Items are strictly prohibited from being attached to Town Property that will permanently destroy or mark the finish.
12. If signs will be on display, a Temporary Sign Permit needs to be submitted and approved by the Building Commissioner prior to approval. Please note that Sandwich Boards are considered signs.
13. A designated Town Officer will have the authority and responsibility to oversee and regulate permitted uses. Once an application has been approved, the responsible party for the event will arrange to meet with the Event Coordinator to discuss specific access times and set-up requirements. This meeting must take place no later than two weeks prior to the permitted use.
14. In addition to the usage fee, a Town Officer fee shall be assessed in accordance with the current rate schedule (at an hourly rate). The person appointed as the Town Officer is dependent on the scope of the proposed event.
15. All permitted users must provide a description of the event or function at the time an application is submitted. A detailed agenda must be provided a minimum of 21 days prior to the event.
16. The public use of Town Properties where liquor is sold and/or with 100 anticipated attendees or more requires a special duty Police Detail subject to the Police Chief’s discretion. This detail must be scheduled for the duration that the event is open to the public. Arrangements should be made directly with Police Department and confirmed with the Event Coordinator. Please contact the Police Department 14 days in advance of the event at 508-487-1212 to schedule the detail. Associated fees are not covered in the application fee.
17. At the discretion of the Town Officer, the presence of additional staff may be required during the permitted use, or if additional access time is required for delivery, set up or break down of equipment. Additionally, if during the scheduled event the Special Duty Officers determine additional Police Detail is necessary then an officer(s) will be detailed. Associated costs for these additional personnel will be at the expense of the party with no advance notice required.
Reservations and Cancellation:
1. Town Properties may be reserved based on the following:
a. With the understanding that events where greater than 99 people in attedance are proposed, Police Chief Approval and Police Detail will be required. The scheduling of any Police Detail may only be reserved 14 days in advance of the event, and is the responsibility of the applicant.
b. Up to 18 months in advance of an event;
c. No later than 60 days prior to an event when beer or wine is requested. Please see the Town’s rules and regulations regarding the serving of alcohol at any proposed event. Additional liability insurance and permissions are required for this use, and must be approved by the Licensing Board. Please contact the Licensing Agent to determine hearing dates and deadlines. The Licensing Agent will schedule the applicant for the Licensing Board if alcohol will be requested on premise.
i. Beer and Wine may be served at an event only upon the expressed approval of the Town Manager and pursuant to Provincetown Licensing Board’s Regulations. Beer, Wine and/or All-Alcohol may only be served at a Private Individual event which:
a. Has a host; and
b. Has restricted access to invited guests only; and
c. Was not publicly advertised or at a non-profit event, if 100% of the sales go directly to the non-profit applicant on record and only upon the expressed approval of the Town Manager and pursuant to approval by the Provincetown Licensing Board.
An application for beer and wine and/or All-Alcohol service must also be signed off by the Police Chief. Licensing Board approval may be required, consult the Licensing Agent for the Licensing Board meeting schedule. Events with beer and wine and/or All-Alcohol service shall comply with the following additional liability insurance requirements:
a. Provide copy of Commercial General Liability with a minimum limit of $1,000,000 per occurrence/$2,000,000 general aggregate with the Town named as “Additional Insured”
b. Provide copy of Liquor Liability Coverage with a minimum limit of $1,000,000 per occurrence/$2,000,000 general aggregate with the Town named as “Additional Insured”
c. Provide a copy of the certificate of insurance showing that a Workers’ Compensation policy is in effect. The Town would NOT be an additional insured on this policy.
d. Ensure that all bartenders are TIPS trained.
d. Service of food of any kind requires a permit from the Health Department. A food service permit is applied for with the Health Department. Please contact the Health Department to determine any dates and deadlines which may be necessary to meet. The approved permit must be posted in a visible location at the time of and for the duration of the event.
e. No later than 60 days prior to an event when entertainment is proposed. Entertainment must comply with the Town of Provincetown Noise By-Law. Any proposed entertainment is subject to Licensing Board Regulations and requires a hearing with the Licensing Board. Please contact the Licensing Agent for restrictions, dates, and deadlines regarding this use.
f. The Event Coordinator shall have discretion in the event of a scheduling conflict. Annual recurring events scheduling for at least 3 consecutive years at the same time each year will have a preference to scheduling.
2. Reservations require a100% deposit of the Usage Fee for each reserved day/night. Deposits accompanied by a completed and signed application form must be submitted to the Event Coordinator at the time the reservation is made. Failure to pay deposit or other fees due within the required time period will result in automatic cancellation.
3. After the application and deposit is received, the Event Coordinator will submit the form for approval to the Town Manger and Chief of Police (when applicable). Expect up to 21 days for processing. Once approved the Event Coordinator will confirm the reservation with the applicant.
4. Reservations cancelled within four (4) months of the permitted use are subject to a cancellation penalty of 100% of the deposit total. Cancellation notices must be received in writing.
Property Rules and Guidelines:
Although the locations of the Town properties as listed above vary, please see the following rules regarding their use.
1. Access, including set up and break down, to any Town Property, is from 8am until 12am.
2. All permitted uses of Town Properties must be accessible to the public, pursuant to the Americans with Disabilities Act (A.D.A.) of 1990 (42 U.S.C. 1201 et seq.), which prohibits discrimination against disabled individuals in private and public employment, public accommodations, public transportation, government services, and telecommunications. By contracting for the Use of Town Property, the responsible party assures the Town that it complies with the Americans with Disabilities Act and does not discriminate against the disabled. The responsible party shall also include this requirement in agreements entered into with any subcontractors associated with the permitted use.
3. Any use of Town Property must comply with the Building Department’s Place of Assembly Fire Safety Inspection Checklist.
4. When the use of a temporary structure is proposed, the structure must be stake-less and cannot exceed seven days. Please see the Town’s Zoning Regulations for additional information. A temporary structure permit application must be submitted to the Building Department for their approval. Tents erected must remain within the perimeter of the park and grounds, and cannot include any anchoring into the sidewalk, landscaping, or other natural features. A Site Plan showing the proposed structure location as well as the size must be included with the application.
5. Access to the permitted space and limitations on the space permitted shall be as specified by the Town Authorized Officer.
6. Permission for use includes the normal installed electrical outlets only. Additional lighting or electrical equipment of any nature must be approved and inspected by the Wiring Inspector in advance of the event. Unusual loading of other types or the use of additional equipment of any nature must be approved and inspected by the Building Inspector and the Town Officer on duty.
7. The use of Town property does not include the use of any Town technical equipment, lights, or podiums (in whole or in part). All equipment to be used for the proposed event must be provided by the responsible party.
8. If the use of Portable Toilets is proposed, all must be placed in such a manner that they are accessible from the street. The driving of any vehicles on the sidewalk or lawns is strictly prohibited.
9. Limited reserved parking may be available from May to October for up to 4 spaces on Bradford Street, requires an additional fee, and is subject to availability. Please see the fee schedules for rates. Parking for unloading and loading of materials for an event must be scheduled with the Event Coordinator, may require an additional fee, and is subject to availability. All other parking areas are subject to fees as designated by the Parking Department.
10 The Department of Public Works maintains the Town properties on a regularly scheduled routine basis. Mowing or additional landscape requests will not be honored. Arrangements must be made with a private hauler to dispose of trash and debris. The site must be returned in the condition which it was received.
11. Approval of an application to use Town Properties does not relieve any applicant of its responsibility to obtain any other necessary licenses or permits, and does not constitute independent approval of any such licenses or permits.
12. Violation of any regulations or specific conditions of permitted use may cause permission to be suspended or revoked, and may be cause for refusal to grant permission for future use of Town Property.
13. If the application for Use of Town Property is denied, the applicant may request a review by the Select Board.
Copies of the regulations and fee schedule are available on the Town’s website at:
https://www.provincetown-ma.gov/1146/Event-Coordinator
The public is encouraged to submit any written comments by Tuesday July 20, 2021 by 12:00 noon to [email protected], to the office of the Board of Selectmen at Town Hall, 260 Commercial Street, Provincetown, MA 02657, or in person at the hearing.
David Abramson
Chairman, Select Board
Posted Town Hall: www.provincetown-ma.gov , 06/22/2021, 9:00 am AR
Provincetown Independent: July 8 and July 15, 2021
Town of Provincetown
REQUEST FOR QUALIFICATIONS
Compensation and Classification Study
The Town of Provincetown is seeking sealed quotes for a Compensation and Classification Study. See the Bid Opportunities page on www.provincetown-ma.gov for the full Request for Qualifications. Proposals are due Thursday, August 5, 2021 at 4:00 p.m. to the Office of the Town Manager, 260 Commercial Street, Provincetown, MA 02657.
Alex B. Morse
Town Manager
Chief Procurement Officer
Published: The Independent July 15 and 22, 2021
Town of Provincetown
INVITATION FOR BIDS
Disposition of Surplus Crane Barge Vessel
The Town of Provincetown is seeking sealed bids for a surplus crane barge. This vessel is currently in dry dock storage at Winkler Crane in North Truro MA and can be seen during regular working hours. See the Bid Opportunities page on www.provincetown-ma.gov for the full Invitation for Bids. Any questions may be submitted in writing to the Pier Manager Doug Boulanger with the Provincetown Public Pier Corporation at dboulanger@provincetown-ma.gov by July 26, 2021. Completed General Bid Forms should be sealed and clearly marked, and must be returned to the Town Manager’s Office, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657 by 4pm on August, 2021. The minimum bid that will be accepted is $20,000.00. The Town reserves the right to reject any and all bids, to waive any informalities and to award the bid deemed to be in the best interest of the Town.
Alex B. Morse
Town Manager
Chief Procurement Officer
Independent: July 15 and 22, 2021
Town of Provincetown
PUBLIC HEARING
Licensing Board
Special Entertainment License
The Provincetown Licensing Board will hold a Public Hearing on Tuesday, July 27, 2021 at 5:15 p.m. in the Judge Welsh Room at Town Hall, 260 Commercial Street, Provincetown, Massachusetts, to hear a petition from Jay Critchley representing the Provincetown Community Compact/Provincetown Swim for Life for a Special Entertainment License for an event to be held on September 11, 2021 at the Waterfront Park, 387-395 Commercial Street, between 2pm to 6pm. No rain date requested.
Special Entertainment and Special Alcohol Licenses
The Provincetown Licensing Board will hold a Public Meeting on Tuesday, July 27, 2021 at 5:15 p.m. in the Judge Welsh Room at Town Hall, 260 Commercial Street, Provincetown, Massachusetts, to hear a petition from David LaFrance representing The Commons for Special Entertainment and Liquor Licenses for an event to be held on August 21, 2021 between 6pm to 9pm at 46 Bradford St. Rain date August 28, 2021 between 6pm and 9pm.
Special Alcohol License
The Provincetown Licensing Board will hold a Public Hearing on Tuesday, July 27, 2021 at 5:15 p.m. in the Judge Welsh Room at Town Hall, 260 Commercial Street, Provincetown, Massachusetts, to hear a petition from Melissa Yeaw representing WOMR for a Special Liquor License for an event to be held on October 8, 2021 from 6pm to 11pm at 260 Commercial St.
Special Entertainment License
The Provincetown Licensing Board will hold a Public Hearing on Tuesday, July 27, 2021 at 5:15 p.m. in the Judge Welsh Room at Town Hall, 260 Commercial Street, Provincetown, Massachusetts, to hear a petition from a petition from Gwynne Guzzeau representing the Helping Our Women for a Special Entertainment License for an event to be held on August 20, 2021 at Patio American Grill, at 328 Commercial Street, between 12pm to26pm. No rain date requested.
Special Entertainment and Special Alcohol Licenses
The Provincetown Licensing Board will hold a Public Hearing on Tuesday, July 27, 2021 at 5:15 p.m. in the Judge Welsh Room at Town Hall, 260 Commercial Street, Provincetown, Massachusetts, to hear a petition from Blythe Frank and Christine Barker representing Provincetown Film Society for Special Entertainment and Liquor Licenses for events to be held on between July 29 and October 31, 2021 from dusk to 4pm at 1 MacMillan Pier. No rain dates requested.
Comments may be submitted in writing to the Licensing Board, 260 Commercial Street, Provincetown, MA 02657 or [email protected] by July 23, noon, or during the hearing.
The public can view the live broadcast of the meeting on PTV GOV Channel 18 or online at http://www.provincetowntv.org/watch.html, and the meeting agenda, which will be posted on the town website.
Robert Cameron
Chair, Licensing Board
Posted Town Hall: www.provincetown-ma.gov, 07/07/2021, 12:10 pm AR
Published: Independent: July 15 and 22, 2021
Town of Provincetown
PUBLIC HEARING
Historic District Commission
The Provincetown Historic District Commission will hold a Work Session at 3:30 P.M. followed by a Public Hearing at 4:00 P.M. on Wednesday, August 4, 2021, in the Judge Welsh Room at Town Hall, 260 Commercial Street, Provincetown, MA.
Public Hearings will be held for the following applications requesting a Certificate to be issued in accordance with the Provincetown Historic District Commission established under the General By-Laws, Chapter 15 of the Town of Provincetown.
You may view the applications and plans at https://provincetownma.viewpointcloud.com by using the ‘Search’ window to look up the property. Written comments may be submitted to the Historic District Commission by email to: [email protected] at least 24 hours before the meeting. Any comments received after that deadline will become part of the public record but not be considered by the HDC prior to or at the hearing.
HDC 21-159
Application by Olivier Jamin Changeart requesting to extend an existing communal deck using Azek decking and a stainless-steel railing system above a storage space on the south elevation of the property located at 259-263 Commercial Street.
HDC 21-163
Application by Casey Clark requesting to install a pergola over an existing brick patio on the west side of the property located at 188 Bradford Street.
HDC 21-170
Application by Rob Costa, of Dune Good, LLC, requesting to add 2 fully retractable awnings above a building front on the property located at 308 Commercial St., UB4.
HDC 21-172
Application by Eliot Parkhurst, Esq., on behalf of 67 Bradford Street, LLC, requesting to approve open-picket existing fence around an outdoor seating area on the property located at 67 Bradford Street.
HDC 21-174
Application by Casey Clark, on behalf of Stephane L. Ginez Revocable Living Trust, Stephane L. Ginez, Trustee, requesting to replace windows on all elevations and a door on the north elevation and to re-side with cedar shingles on the structure located at 8 Montello Street.
Laurie Delmolino, Chair
Posted by the Town Clerk www.provincetown-ma.gov, 07/07/2021, 10:45 am AR
Published: The Independent July 15 and 22, 2021
Town of Provincetown
PUBLIC HEARING
Select Board
Curb Cuts: 32 Bradford Street
The Provincetown Select Board will hold a Public Hearing on Monday, August 9, 2021 at 7:00 p.m. in the Judge Welsh Hearing Room, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657 pursuant to General Bylaws Section 11-6-2, for the following application:
Application by Lester Murphy Jr, on behalf of Enco Realty Inc, requesting approval to install an 18-foot wide driveway on the front of the property located at 32 Bradford Street, Provincetown, MA in order to access the property for parking. (Assessor’s Map 6-4, Parcel 145/0).
Comments may be submitted in writing by Tuesday, August 3, 2021, 12 noon to the Office of the Select Board, 260 Commercial Street, Provincetown, MA 02657 or [email protected] or in person at the hearing or virtually by dialing (833) 579-7589. When prompted, enter the following conference number: 706 110 702#.
David Abramson, Chair, Select Board
Posted – Town Hall: http://www.provincetown-ma.gov, 07/06/2021, 1:00 pm AR
Published: Independent July 15, 2021 and July 22, 2021