Town of Provincetown
Public Hearing
Planning Board
November 3, 2022
Proposed Zoning Bylaw Amendments
The Provincetown Planning Board will hold a public hearing on Thursday, November 3, 2022, at 5 P.M. in the Judge Welsh Room, Town Hall, 260 Commercial Street, Provincetown, MA 02657 to hear comments from the public and vote on the following proposed amendments to the Provincetown Zoning Bylaws for the November 9, 2022 Special Town Meeting Warrant, as well as any proposed petitioned articles concerning land use or development. (proposed deletions are stricken through and proposed additions are underlined): A copy of this proposed zoning bylaw is available for public inspection at the Office of the Town Clerk, Provincetown Town Hall, 260 Commercial Street, Provincetown, MA 02657.
Article __. Zoning Bylaw Amendment: Inclusionary and Incentive Zoning Bylaw. Incentives for Development of dormitory / employee housing. (Deletions shown in strike-through and new text shown as underlined.) To see if the Town will vote to amend the Provincetown Zoning Bylaws, Article 4 Special Regulations, Section 4180 Inclusionary and Incentive Zoning Bylaw as follows:
- Incentives for the Construction or Rehabilitation of Affordable or Community Housing Units.
Any residential development project that meets or exceeds the minimum one-sixth (16.67%) Affordable/Community Housing requirement through the on-site or off-site construction or rehabilitation of the required number of Affordable or Community Housing units, or the creation of at least 20% of the overall floor area of a development dedicated to dormitory/employee housing, may, at the discretion of the Planning Board and in accordance with Special Permit criteria, take advantage of any or all of the incentives as set forth below. Incentives shall not be applied to projects that meet the Affordable/ Community Housing requirement through a Payment in Lieu or Land Donation in Lieu of constructing Affordable or Community Housing units.
[Requested by the Planning Board]
Explanation of Article __: This article intends to incentivize the creation of dormitory or employee housing units through the inclusionary bylaw by allowing the Planning Board to waive certain dimensional regulations, including building height, for projects that include the creation of at least 20% of the development floor area to dormitory/employee housing uses.
The public is encouraged to submit any written comments by Wednesday, October 26, 2022, to the Planning Board/Office of the Town Clerk, Town Hall, 260 Commercial Street, Provincetown, MA 02657, email to [email protected] or in person at the hearing.
Chairman, Planning Board
Posted: Town Clerk, www.provincetown-ma.gov 10/12/22 1530hrs EC
Published: Provincetown Independent October 20, 2022 and October 27, 2022
Town of Provincetown
Public Hearing
Licensing Board
November 8, 2022
The Provincetown Licensing Board will hold a Public Hearing on Tuesday, November 8, 2022 at 5:15 p.m. in the Judge Welsh Room at Town Hall, 260 Commercial Street, Provincetown, Massachusetts, to hear:
Proposed Fee Increases
| Fee Type | Current Fee | Proposed Fee |
| Annual All Alcohol Package Store | $1,188 | $1,500 |
| Annual Wine and Malt Package Store | $1,040 | $1,200 |
| Non-Profit Club (All Alcohol/Wine & Malt) | $253 | $500 |
| For-Profit Club | Doesn’t currently exist | Occupancy of 1-99 ppl $1,700
Occupancy of 100 and + $2,000 |
| Annual All Alcohol Pouring License
Includes Innholder, Common Vic, General-on-Premises |
$1,238 | Occupancy of 1-99 ppl $1,700
Occupancy of 100 and + $2,000 |
| Annual Wine & Malt Pouring License
Includes Innholder, Common Vic, General-on-Premises |
$1,089 | Occupancy of 1-99 ppl $1,500
Occupancy of 100 and + $1,800 |
| Seasonal All Alcohol Package Store | $1,452 | $1,500 |
| Seasonal Wine & Malt Package Store | $1,270 | $1,200 |
| Seasonal Wine & Malt Pouring License
Includes Innholder, Common Vic, General-on-Premises |
$1,452 | Occupancy of 1-99 ppl $1,500
Occupancy of 100 and + $1,800 |
| Druggist Alcohol | $440 | $1500 |
| New Liquor Application | $50 | $500 |
| Liquor Amendment | $50 | $200 |
| Peddler | $28 | $50 |
| Pedicab | Per Cab $74 | Per Cab $100 |
| Pedicab Operator | $63 | $80 |
| Sidewalk Artist | $11 | $25 |
| Taxicab | Per Cab$102 | Per Cab $120 |
| Taxi Operator | $74 | $75 |
| Dancing By Patrons | $28 | $30 |
| Sunday Entertainment | Local Fee $50 | Local Fee $100 |
| Legal Advertisements | $25 | $95 |
Comments may be submitted during the hearing or in writing to the Licensing Board, 260 Commercial Street, Provincetown, MA 02657 or [email protected] by November 7, noon. For a full list of fees see: Licensing Fees
Posted: Town Hall www.provincetown-ma.gov, 10/12/2022, 11:15 am AR
Published: Independent: October 20 and 27, 2022
Town of Provincetown
Public Hearing
Licensing Board
November 8, 2022
The Provincetown Licensing Board will hold a Public Hearing on Tuesday, November 8, 2022 at 5:15 p.m. in the Judge Welsh Room at Town Hall, 260 Commercial Street, Provincetown, Massachusetts, to hear:
Special Alcohol
Petition from Kevin Rice representing Payomet, Inc. for a Special Liquor License for an event to be held at 260 Commercial Street on December 18, 2022 between 11am and 5pm.
Petition from Kevin Rice representing Payomet, Inc. for a Special Liquor License for an event to be held at 260 Commercial Street on November 19, 2022 between 1pm and 10pm.
Special Alcohol and Special Entertainment
Petition from Sharon Polli, representing the Fine Arts Work Center for: Special Entertainment and Special Alcohol Licenses for events to be held on 11/10. 11/12, 11/13, and 12/2 2022 between 5pm and 9pm and 1/6, 2/4. 2/10, 2/24, 3/10, 3/17, 3/24, and 4/7 2023 between 5pm and 9pm and on 4/8 2023 between 3pm and 5pm at Fine Arts Work Center, 24 Pearl St. No rain dates requested.
Comments may be submitted during the hearing or in writing to the Licensing Board, 260 Commercial Street, Provincetown, MA 02657 or [email protected] by November 7, noon.
Posted: Town Hall www.provincetown-ma.gov, 10/12/2022, 11:10 am AR
Published: Independent: October 20 and 27, 2022
Town of Provincetown
Shellfish Department
Shellfish Areas to Open for the 2022-23 Season
Subject to water testing, the area labeled on maps as CCB5.0 The Breakwater– Area located directly to the west of the Provincetown breakwater, will be open to the public for recreational shellfishing on Fridays and Sundays beginning on Friday, November 4, 2022 and ending on Friday, March 31, 2023
The area within CCB4.0 labeled on maps as East End– Area located from Allerton Street to the Truro town line, will be open to the public for recreational shellfishing immediately and shall remain open daily with the same weekly limits and restrictions as described in the Town recreational shellfishing regulations
The limit per week, beginning on Sunday and ending on Saturday, shall be one peck (ten-quart basket) of mixed shellfish harvested during one tide cycle regardless of the day and location.
If bay scallops are abundant, the Shellfish Constable will post the location of their taking on the Town website and the recreational limit shall be two pecks per week. Harvest of bay scallops will be allowed on Sundays and Fridays beginning Friday, November4, 2022 and ending on Friday, March 31, 2023 and the recreational limit shall be two pecks (ten-quart baskets) per week in addition to the mixed shellfish limit.
The recreational shellfishing regulations are posted on the Shellfish Department page of the Town website.
Licenses are now sold online at: http://www.provincetown-ma.gov/100/Town-Clerk
Fees are $15.00 for residents and $50.00 for non-residents valid yearly beginning November 1st as well as a weekly permit for the fee of $25.00. Residents or taxpayers shall be issued a free shellfish permit at age 65 or older.
Stephen Wisbauer
Shellfish Constable
Posted: Town Hall, http://www.provincetown-ma.gov 10/12/2022, 12:30 pm AR
Published: Independent: October 20th and October 27, 2022
Town of Provincetown
Position Opening
Town Clerk
The Town of Provincetown is now accepting applications for the Town Clerk. The purpose of this position is to provide administrative and supervisory work in the administration of federal, state and local statutes, the maintenance of official municipal records, the issuing of various licenses and documents, and the administration of fair and accurate elections, and all other related work as required. The Town Clerk is responsible for maintaining and improving upon the efficiency and effectiveness of all areas under his/her direction and control. This is a Grade 12, non-union position with an initial pay of $87,075 per year. The position is available immediately and will remain open until filled. For initial consideration send application, cover letter, and resume to: Human Resources, Town of Provincetown, 260 Commercial Street, Provincetown, MA 02657 or [email protected] by Wednesday, October 26, 2022.
Posted: Town Hall, www.provincetown-ma.gov , 10/12/2022,11:55 am AR
Published Independent: October 20, 2022
Town of Provincetown
Public Hearing
Zoning Board of Appeals
November 3, 2022
The Provincetown Zoning Board of Appeals will hold a Public Hearing at 6:00 p.m. on Thursday, November 3, 2022, in the Judge Welsh Room in Town Hall, 260 Commercial Street, Provincetown, MA on the following cases:
ZBA 22-67
Application by Richard A. Francis seeking a Special Permit pursuant to Article 2, Section 2450, Permitted Accessory Uses, G14, Utility/Garden Shed, of the Zoning By-Laws to install a shed on the property located at 14 Off Conwell Street (Residential 3 Zone).
Jeremy Callahan, Chair
Posted by the Assistant Town Clerk: www.provincetown-ma.gov, 10/12/2022, 11:35 am AR
The Independent: October 20 and 27, 2022.
Town of Provincetown
Town Warrant
Special Town Meeting – Wednesday, November 9, 2022
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 Bylaws 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, 260 Commercial Street, on Wednesday, the ninth day of November, A.D. 2022 at 6 o’clock in the evening, then and there to act on the following articles, to wit:
Articles
Article 1. Water Department Lead Service Line Inventory. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow the sum of $145,000 to be expended under the direction of the Town Manager and the Water Superintendent for the development of a lead service line inventory, and including without limitation all costs related thereto; and further, to authorize the Town Manager and the Select Board to take all actions necessary to carry out such project and apply for, accept, and expend grant funds for such projects; or to take any other action relative thereto.
[Requested by the Town Manager]
Explanation of Article 1: New EPA Lead & Copper Rule Revisions require all Public Water Systems (PWSs) to complete a Lead Service Line (LSL) inventory by October 16, 2024. Provincetown Water Department conducted an inspection/survey of all properties within the water system in 2010 and 2011 which included documenting the pipe material entering homes or water meter pits/vaults. This information is far above many PWSs that must begin compiling this information over the next year. Although Provincetown Water Department is not aware of any full lead service lines within the system, “lead gooseneck” connections exist within the system and must be accounted. The lead gooseneck was used as a connection at the water main primarily to iron service lines.
Starting July 1, 2022, the State Revolving Fund (SRF) is offering $20 million in loans with 100% loan forgiveness for LSL inventories. This funding request is to take advantage of the 100% loan forgiveness program and work with our consulting engineers to compile the required inventory. In order to apply for the loan forgiveness program, the Water Department requires an appropriation/borrowing authorization prior to submission.
[2/3rds Vote Required]
Article 2. Open Space Committee – Land Bank – Acquisition of the Property at 806, 820, 820A, 824, 828 and 832 Commercial Street. To see if the Town will vote to authorize the Select Board to acquire, by purchase, gift, and/or eminent domain, on such terms and conditions as the Select Board deems in the best interests of the Town, all or portions of the parcels of land located at 806, 820, 820A, 824, 828, and 832 Commercial Street, containing 1.90 acres, more or less, and being the premises described in a deed recorded with the Barnstable Registry of Deeds in Book 35039, Page 91, for conservation and passive recreation purposes under the provisions of G.L. c. 40, §8C, as the same may be amended, to be managed and controlled by the Conservation Commission; and to raise and appropriate, transfer from available funds, including, without limitation, the Cape Cod Land Bank Act, and/or borrow, $1,750,000 for the purpose of said acquisition and costs incidental and related thereto; to authorize the Select Board to enter into all agreements and execute on behalf of the Town any and all instruments as may be necessary or convenient to effectuate said acquisition; and further, to authorize the Select Board and the Conservation Commission to convey to a qualified organization a conservation restriction on said land meeting the requirements of G.L. c. 184, §§31-33, in accordance with said Land Bank Act, limiting the use of said land to the aforesaid purposes in perpetuity; or to take any other action relative thereto.
[Requested by the Open Space Committee]
Explanation of Article 2: The Open Space Committee recommends this article to the Town to acquire the property at 806, 820, 820A, 824, 828 and 832 Commercial Street (approximately 1.90 acres) for conservation and public passive recreational use. The site is forested and undeveloped and contains an isolated wetland, steep slopes, and the ridge of a hill, which affords views of Provincetown Harbor. It is adjacent to the Maple Grove Bird Sanctuary and directly abuts the Old Colony Nature Trail. This acquisition will prevent private development of the lots, which would not only destroy critical habitat and the fragile forest landscape of the Provincetown Greenway, but also greatly detract from the public’s experience of the trail. The property includes a dirt driveway which can offer a new public access route from Commercial Street to the Old Colony Trail. Land Bank funds would be used for the purchase; there are sufficient funds in the Land Bank to acquire this parcel without need to finance the purchase. This purchase will expend most of the remaining balance of Land Bank funds, but it will be a significant capstone for the Town’s open space preservation efforts under the 20-year Land Bank program.
[2/3rds Vote Required]
Article 3. Wastewater Infrastructure Replacement and Modernization Project – Borrowing Authorization. To see if the Town will vote to appropriate a sum of money to be expended under the direction of the Town Manager and the Select Board, for the development of plans and specifications and for construction of infrastructure replacement and modernization of the Town’s sewer system, including without limitation all costs defined under Chapter 29C, Section1 of the General Laws and all other costs incidental and related thereto; and to raise and appropriate, transfer from available funds or borrow said sum of money under and pursuant to Chapter 44, Section7(1) and/or Chapter 29C of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor; and to the extent that any State, Federal or other funds are or become available for the purposes set forth above, the Select Board is authorized to apply for and accept such funds; or to take any other action relative thereto.
[Requested by the Select Board and the Town Manager]
Explanation of Article 3: Explanation of Article: This article is similar to an article passed at the 2022 Annual Town Meeting. It authorizes borrowing an additional $2.2 million to be repaid from the remaining funds to be received from the Cape Cod and Islands Water Protection Fund over the next 10 years for replacement and modernization of the existing wastewater infrastructure, to be used for improvements to the Central Vacuum Station to include:
- New vacuum pumps and new sewage pumps
- New motor operated plug valves and new magnetic flow meter
- New electrical distribution equipment, to be located on a new 2nd floor of the Central Vacuum Station
- New emergency generator
- Other mechanical and/or building upgrades
[2/3rds Vote Required]
Article 4. Home Rule Petition – Repeal the Town’s Special Sewer Act. To see if the Town will vote to authorize the Select Board to petition the General Court for special legislation to provide as set forth below; provided, however, that the General Court may make clerical or editorial changes of form only to the bill so submitted, unless the Select Board approves amendments to the bill before enactment by the General Court; and further that the Select Board is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition.
An Act Relative to Wastewater Treatment and Disposal in the Town of Provincetown
Be it enacted by the Senate and the House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. The Town of Provincetown is hereby authorized to extend its sewer system to allow for new connections and expanded treatment capacity and to make assessments on properties benefited by such expansion pursuant to Chapters 80 and 83 of the general laws.
Section 2. The town may make equitable adjustments to the annual charges established pursuant to section 16 of said chapter 83 for the use of common sewers by owners of land who connect to the Town’s sewer system for the purpose of ensuring an equitable distribution of the total sewer system costs, including assessments and sewer use charges.
Section 3. Chapter 157 of the Acts of 2000 is hereby repealed.
Section 4. This act shall take effect upon passage.
Or take any other action relative thereto.
[Requested by the Select Board and the Town Manager]
Explanation of Article 4: Town Counsel has proposed this article since in the future, assessments will be made under G.L. c. 83 and 80, rather than the Town’s existing Special Sewer Act, which will be repealed since it will no longer be needed. This article will end the so-called “checkerboard” sewer district process that has been in place for more than 20 years, whereby only properties that connected were included in the sewer district. In the future, all abutters to a sewer main will be considered to be in the sewer district, as is the case in other towns in Massachusetts.
While this article will also end the current “public service use exemption”, additional flows including from economic development permits or other growth will continue to be managed in the future as they are now by the Town’s Growth Management Bylaw and the requirement that the Water & Sewer Board approve that capacity is available for the additional flows. With the repeal of the Special Act, there will be no changes for allowable annual managed growth allocations for Growth Management Categories 1, 2 and 4A that are currently designated as “public service uses” under the Special Act.
The repeal of the Special Act will correct a longstanding inequity whereby properties on septic could apply for allocations under Categories 3 and 4, but they could not apply for such Growth Management allocations if they were on sewer because these categories were not “public service uses”.
[Majority Vote Required]
Article 5. Wastewater Expansion Authorization. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow a sum of money to be expended under the direction of the Town Manager and the Select Board, for the development of plans and specifications and for construction, optimization and expansion of the Town’s sewer system including the expansion of the treatment and disposal capacity of the wastewater system and further extensions of the Town’s sewer system, including without limitation all costs defined under Chapter 29C, Section1 of the General Laws and all other costs incidental and related thereto; and to raise said appropriation the Town Treasurer, with the approval of the Select Board, is authorized to borrow said sum of money under and pursuant to Chapter 44, Section7(1) and/or Chapter 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 Select Board is authorized to apply for and accept such funds; and, further, 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; and further to authorize the Water and Sewer Board to set the method of sewer assessments for future connections to the Town’s sewer system as a sewer privilege fee pursuant to G.L. c. 83, §17, to be paid at the time of actual connection to the Town’s sewer system for properties that have a Title 5 compliant septic system installed after January 1, 2000 according to the records of the Health Department, with all other properties that abut a sewer main to be assessed a betterment pursuant to G.L. c. 83, §15; provided further that the Water and Sewer Board shall equitably adjust the amount of assessments made pursuant to this vote to take into account the need for the homeowner to pay for and install a grinder pump for connection to low pressure lines; or to take any other action relative thereto.
[Requested by the Select Board and the Town Manager]
Explanation of Article 5: The most significant sewer article requests $75 million funding authorization to extend gravity sewers to the remaining properties in town and improvements to the treatment and disposal capacity of the wastewater system to increase the capacity by 50% to serve the remaining properties in town and 20 years of managed growth, with an estimated 40% to come from grants, subsidies, and other revenue sources including Chapter 90 paving funds and the Rooms Tax receipts, and the remaining $45 million from betterments to be assessed on those properties that are not presently served by the sewer.
This article provides that property owners making future connections to existing sewer lines or to new sewer lines installed after the effective date of this vote will be required to pay a betterment at the time that sewer service is made available to them or at the time of construction of the sewer line that serves their property with the following exception: as long as a property has a Title 5 compliant septic system installed since January 1st, 2000 according to the records of the Health Department and is not under an order to connect issued by the Board of Health, the property will not be assessed a privilege fee until they connect to the sewer. Fewer than 10% of the properties in town will need to pay a betterment before they want to or need to connect to the sewer, all of them have onsite systems installed before 2000, and the betterment will give them the right to connect at any time as is the case in all other towns.
Finally, this article provides that the Water and Sewer Board shall assess on an equitable basis a lower amount for property owners who are required to pay for and install a grinder pump to connect to a low-pressure sewer line.
[2/3rds Vote Required]
Article 6. Alteration of Layout of Route 6. To see if the Town will vote to accept the altered layout of a portion of Route 6 as a public way, as heretofore altered by the Select Board, to exclude from the layout of said way the parcel of land shown as “76,006 +/- square feet” on a plan entitled “Prepared for Town of Provincetown, Sheet Title Route 6 Alteration and Parcel Combination Plan, dated September 19, 2022”, prepared by Coastal Engineering Co., Orleans, Massachusetts, on file with the Town Clerk, and to transfer the care, custody, and control of the aforesaid discontinued parcel from the Select Board for public way purposes to the Select Board for general municipal purposes, including, without limitation, for wastewater treatment and disposal facilities, and, further, to authorize the Select Board to take said parcel by eminent domain for said purposes and for the purpose of clearing the Town’s title thereto, if applicable; or to take any other action relative thereto.
[Requested by the Select Board and the Town Manager]
Explanation of Article 6: This article will alter the public way of Route 6 to combine two Town-owned lots to create the lot needed for the Satellite Treatment Facility at the current Soccer Field site. This article is similar to the article at the 2022 Annual Town Meeting for the new Police Station lot.
[Majority vote required]
Article 7. Home Rule Petition – Use of Motta Field for Wastewater Disposal. To see if the Town will vote to transfer the care, custody and control of the Manuel V. Motta Athletic Fields, which consist of the parcel of land identified by the Assessor’s as Parcel 8-2-23-0 and described in deeds recorded with the Barnstable Registry of Deeds in Book 842, Page 128; Book 617, Page 257; Book 1010, Page 152; and Book 531, Page 45, from the Select Board for playground and recreation purposes to the Select Board for said playground and recreation purposes and for the incidental purpose of wastewater disposal, including the installation of subsurface disposal beds, and, further, to authorize the Select Board to file a home rule petition with the General Court to authorize the foregoing transfer, which petition reads as follows:
SECTION 1. Notwithstanding the provisions of Chapter 270 of the Acts of 1953 or any other general or special law to the contrary and Article 97 of the Amendments to the Massachusetts Constitution, and the restriction in the deed recorded with the Barnstable registry of deeds in book 843, page 128, the Town of Provincetown is hereby authorized to use the Manuel V. Motta Athletic Fields, described more particularly in section 2 and dedicated to playground purposes, for incidental wastewater treatment and disposal purposes, including the installation of subsurface disposal beds, provided that at the completion of said installation, said Manuel V. Motta Athletic Fields shall be restored to and continue to be dedicated to and used for playground and recreational purposes in perpetuity.
SECTION 2. The Manuel V. Motta Athletic Fields are identified by the Provincetown Assessor’s as Parcel 8-2-23-0 and described in deeds recorded with the Barnstable registry of deeds in book 842, page 129; book 617, page 257; book 1010, page 152; and book 531, page 45.
SECTION 3: 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 Select Board approves amendments to the bill before enactment by the general court. The Select Board is hereby authorized to approve amendments, which shall be within the scope of the general public objectives of this petition; or to take any other action relative thereto.
[Requested by the Select Board and the Town Manager]
Explanation of Article 7: This article will alter the allowed uses within Motta Field to include subsurface wastewater disposal. Based on Town Counsel’s review of the deeds to the various portions of Motta Field, and, in particular, on the deed from the Commonwealth, restricting the use the property to playground purposes only, it is their opinion that a Special Act is required to use Motta Field for subsurface wastewater disposal purposes.
While the Town will continue using Motta Field for playground/recreational purposes, it is their opinion that wastewater disposal is a purpose that is not related to the use of the property for recreational purposes, and it would be prudent for the General Court to authorize this different, though incidental, use. While the state usually requires mitigation land in exchange, mitigation may not be necessary in this instance given that the fields will be restored to an equal or better condition and the recreational use will continue unabated.
[2/3rds Vote Required]
Article 8. Zoning Bylaw Amendment: Inclusionary and Incentive Zoning Bylaw. Incentives for Development of Dormitory / Employee Housing. (Deletions shown in strike-through and new text shown as underlined.) To see if the Town will vote to amend the Provincetown Zoning Bylaws, Article 4 Special Regulations, Section 4180 Inclusionary and Incentive Zoning Bylaw as follows:
- Incentives for the Construction or Rehabilitation of Affordable or Community Housing Units Any residential development project that meets or exceeds the minimum one-sixth (16.67%) Affordable/Community Housing requirement through the on-site or off-site construction or rehabilitation of the required number of Affordable or Community Housing units, or the creation of at least 20% of the overall floor area of a development dedicated to dormitory/employee housing, may, at the discretion of the Planning Board and in accordance with Special Permit criteria, take advantage of any or all of the incentives as set forth below. Incentives shall not be applied to projects that meet the Affordable/Community Housing requirement through a Payment in Lieu or Land Donation in Lieu of constructing Affordable or Community Housing units.
[Requested by the Planning Board]
Explanation of Article 8: This article intends to incentivize the creation of dormitory or employee housing units through the inclusionary bylaw by allowing the Planning Board to waive certain dimensional regulations, including building stories and building height, for projects that include the creation of at least 20% of the development floor area to dormitory/employee housing uses.
[2/3rds Vote Required]
HEREOF FAIL NOT and make a due return of this WARRANT with your doings thereon to the TOWN CLERK, at the time and place of the meeting aforesaid.
Given unto our hands the 7th day of October in the year Two Thousand Twenty-two.
Provincetown Select Board.
____________________________
David Abramson, Chairman
____________________________
John Golden, Vice-Chairman
____________________________
Louise Venden
____________________________
Robert Anthony
____________________________
Leslie Sandberg
A TRUE COPY, ATTEST:
Emmett Catanese
Town Clerk
Date of publishing: www.provincetown-ma.gov October 7, 2022
Provincetown Independent October 20, 2022
Public Hearings
Articles in the November 9, 2022 Special Town Meeting Warrant
In accordance with §2-3-g of the Provincetown Charter, the following committees will hold public hearings on the warrant:
Select Board on Monday, October 24, 2022 at 6:00 pm
Conservation Commission on Tuesday, October 18, 2022 at 6:00 pm
Board of Health on Thursday, October 20, 2022 at 4:00 pm
Finance Committee on Tuesday, October 25, 2022 at 1:00 pm
Open Space Committee on Thursday, October 20, 2022 at 2:00 pm
Planning Board on Thursday, November 3, 2022 at 5:00 pm
In accordance with Chapter 107 of the Acts of 2022, these meetings will be conducted in person and, as a courtesy via remote means, in accordance with applicable law. Please note that while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not be suspended or terminated if technological problems interrupt the virtual broadcast, unless otherwise required by law.
A link to the agenda for these meetings can be found on the Town’s website www.provincetown-ma.gov
Town of Provincetown
Public Hearing
Conservation Commission
Tuesday, November 1, 2022
In accordance with the Massachusetts Wetlands Protection Act (M.G.L. c. 131, s. 40) and/or Provincetown General Bylaws Chapter 12, Wetlands Protection Bylaw, the Provincetown Conservation Commission will hold a Public Hearing at 6:00 p.m. on Tuesday, November 1, 2022, in the Judge Welsh Room, Town Hall, 260 Commercial Street, Provincetown, MA, to consider the following:
CON-22-48 795 Commercial Street, Unit 2 Request for Determination of Applicability filed by Marina L. Seevak Revocable Trust, to install underground propane tank.
Copies of the applications listed in this hearing notice may be viewed either at the Community Development Office in Town Hall, or online by clicking on the links in the meeting agenda, which will be posted on the Town’s website at least 48 hours before the time of the meeting.
Alfred Famiglietti, Chair
Posted by the Town Clerk: www.provincetown-ma.gov , 10/19/2022, 11”00 am AR
The Provincetown Independent: October 27, 2022
COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
WARRANT FOR 2022 STATE ELECTION
SS.
To the Constables of the City/Town of Provincetown
GREETINGS:
In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said city or town who are qualified to vote in Elections to vote at:
Town of Provincetown, Town Hall – precinct 1
Town Hall Auditorium
260 Commercial Street
Provincetown, MA 02657
On TUESDAY, THE EIGHTH DAY OF NOVEMBER, 2022, from 7:00 A.M. to 8:00 P.M. for the following purpose:
To cast their votes in the State Election for the candidates for the following offices:
GOVERNOR and LIEUTENANT GOVERNOR FOR THIS COMMONWEALTH
ATTORNEY GENERAL FOR THIS COMMONWEALTH
SECRETARY OF STATE FOR THIS COMMONWEALTH
TREASURER FOR THIS COMMONWEALTH
AUDITOR FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS NINETH DISTRICT
COUNCILLOR FIRST DISTRICT
SENATOR IN GENERAL COURT CAPE & ISLANDS DISTRICT
REPRESENTATIVE IN GENERAL COURT FOURTH BARNSTABLE DISTRICT
DISTRICT ATTORNEY CAPE & ISLANDS DISTRICT
SHERIFF BARNSTBALE COUNTY
COUNTY COMMISSIONER BARNSTABLE COUNTY
BARNSTABLE ASSEMBLY DELEGATE BARNSTABLE COUNTY
QUESTION 1: PROPOSED AMENDMENT TO THE CONSTITUTION
Do you approve of the adoption of an amendment to the constitution summarized below, which was approved by the General Court in joint sessions of the two houses on June 12, 2019 (yeas 147 – nays 48); and again on June 9, 2021 (yeas 159 – nays 41)?
SUMMARY
This proposed constitutional amendment would establish an additional 4% state income tax on that portion of annual taxable income in excess of $1 million. This income level would be adjusted annually, by the same method used for federal income-tax brackets, to reflect increases in the cost of living. Revenues from this tax would be used, subject to appropriation by the state Legislature, for public education, public colleges and universities; and for the repair and maintenance of roads, bridges, and public transportation. The proposed amendment would apply to tax years beginning on or after January 1, 2023.
A YES VOTE would amend the state Constitution to impose an additional 4% tax on that portion of incomes over one million dollars to be used, subject to appropriation by the state Legislature, on education and transportation.
A NO VOTE would make no change in the state Constitution relative to income tax.
QUESTION 2: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 3, 2022?
SUMMARY
This proposed law would direct the Commissioner of the Massachusetts Division of Insurance to approve or disapprove the rates of dental benefit plans and would require that a dental insurance carrier meet an annual aggregate medical loss ratio for its covered dental benefit plans of 83 percent. The medical loss ratio would measure the amount of premium dollars a dental insurance carrier spends on its members’ dental expenses and quality improvements, as opposed to administrative expenses. If a carrier’s annual aggregate medical loss ratio is less than 83 percent, the carrier would be required to refund the excess premiums to its covered individuals and groups. The proposed law would allow the Commissioner to waive or adjust the refunds only if it is determined that issuing refunds would result in financial impairment for the carrier.
The proposed law would apply to dental benefit plans regardless of whether they are issued directly by a carrier, through the connector, or through an intermediary. The proposed law would not apply to dental benefit plans issued, delivered, or renewed to a self-insured group or where the carrier is acting as a third-party administrator.
The proposed law would require the carriers offering dental benefit plans to submit information about their current and projected medical loss ratio, administrative expenses, and other financial information to the Commissioner. Each carrier would be required to submit an annual comprehensive financial statement to the Division of Insurance, itemized by market group size and line of business. A carrier that also provides administrative services to one or more self-insured groups would also be required to file an appendix to their annual financial statement with information about its self-insured business. The proposed law would impose a late penalty on a carrier that does not file its annual report on or before April 1.
The Division would be required to make the submitted data public, to issue an annual summary to certain legislative committees, and to exchange the data with the Health Policy Commission. The Commissioner would be required to adopt standards requiring the registration of persons or entities not otherwise licensed or registered by the Commissioner and criteria for the standardized reporting and uniform allocation methodologies among carriers.
The proposed law would allow the Commissioner to approve dental benefit policies for the purpose of being offered to individuals or groups. The Commissioner would be required to adopt regulations to determine eligibility criteria.
The proposed law would require carriers to file group product base rates and any changes to group rating factors that are to be effective on January 1 of each year on or before July 1 of the preceding year. The Commissioner would be required to disapprove any proposed changes to base rates that are excessive, inadequate, or unreasonable in relation to the benefits charged. The Commissioner would also be required to disapprove any change to group rating factors that is discriminatory or not actuarially sound.
The proposed law sets forth criteria that, if met, would require the Commissioner to presumptively disapprove a carrier’s rate, including if the aggregate medical loss ratio for all dental benefit plans offered by a carrier is less than 83 percent.
The proposed law would establish procedures to be followed if a proposed rate is presumptively disapproved or if the Commissioner disapproves a rate.
The proposed law would require the Division to hold a hearing if a carrier reports a risk-based capital ratio on a combined entity basis that exceeds 700 percent in its annual report.
The proposed law would require the Commissioner to promulgate regulations consistent with its provisions by October 1, 2023. The proposed law would apply to all dental benefit plans issued, made effective, delivered, or renewed on or after January 1, 2024.
A YES VOTE would regulate dental insurance rates, including by requiring companies to spend at least 83% of premiums on member dental expenses and quality improvements instead of administrative expenses, and by making other changes to dental insurance regulations.
A NO VOTE would make no change in the law relative to the regulations that apply to dental insurance companies.
QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 3, 2022?
SUMMARY
This proposed law would increase the statewide limits on the combined number of licenses for the sale of alcoholic beverages for off-premises consumption (including licenses for “all alcoholic beverages” and for “wines and malt beverages”) that any one retailer could own or control: from 9 to 12 licenses in 2023; to 15 licenses in 2027; and to 18 licenses in 2031.
Beginning in 2023, the proposed law would set a maximum number of “all alcoholic beverages” licenses that any one retailer could own or control at 7 licenses unless a retailer currently holds more than 7 such licenses.
The proposed law would require retailers to conduct the sale of alcoholic beverages for off-premises consumption through face-to-face transactions and would prohibit automated or self-checkout sales of alcoholic beverages by such retailers.
The proposed law would alter the calculation of the fine that the Alcoholic Beverages Control Commission may accept in lieu of suspending any license issued under the State Liquor Control Act. The proposed law would modify the formula for calculating such fee from being based on the gross profits on the sale of alcoholic beverages to being based on the gross profits on all retail sales.
The proposed law would also add out-of-state motor vehicle licenses to the list of the forms of identification that any holder of a license issued under the State Liquor Control Act, or their agent or employee, may choose to reasonably rely on for proof of a person’s identity and age.
A YES VOTE would increase the number of licenses a retailer could have for the sale of alcoholic beverages to be consumed off premises, limit the number of “all-alcoholic beverages” licenses that a retailer could acquire, restrict use of self-checkout, and require retailers to accept customers’ out-of-state identification.
A NO VOTE would make no change in the laws governing the retail sale of alcoholic beverages.
QUESTION 4: REFERENDUM ON AN EXISTING LAW
Do you approve of a law summarized below, which was approved by the House of Representatives and the Senate on May 26, 2022?
SUMMARY
This law allows Massachusetts residents who cannot provide proof of lawful presence in the United States to obtain a standard driver’s license or learner’s permit if they meet all the other qualifications for a standard license or learner’s permit, including a road test and insurance, and provide proof of their identity, date of birth, and residency. The law provides that, when processing an application for such a license or learner’s permit or motor vehicle registration, the registrar of motor vehicles may not ask about or create a record of the citizenship or immigration status of the applicant, except as otherwise required by law. This law does not allow people who cannot provide proof of lawful presence in the United States to obtain a REAL ID.
To prove identity and date of birth, the law requires an applicant to present at least two documents, one from each of the following categories: (1) a valid unexpired foreign passport or a valid unexpired Consular Identification document; and (2) a valid unexpired driver’s license from any United States state or territory, an original or certified copy of a birth certificate, a valid unexpired foreign national identification card, a valid unexpired foreign driver’s license, or a marriage certificate or divorce decree issued by any state or territory of the United States. One of the documents presented by an applicant must include a photograph and one must include a date of birth. Any documents not in English must be accompanied by a certified translation. The registrar may review any documents issued by another country to determine whether they may be used as proof of identity or date of birth.
The law requires that applicants for a driver’s license or learner’s permit shall attest, under the pains and penalties of perjury, that their license has not been suspended or revoked in any other state, country, or jurisdiction.
The law specifies that information provided by or relating to any applicant or license-holder will not be a public record and shall not be disclosed, except as required by federal law or as authorized by Attorney General regulations, and except for purposes of motor vehicle insurance.
The law directs the registrar of motor vehicles to make regulations regarding the documents required of United States citizens and others who provide proof of lawful presence with their license application.
The law also requires the registrar and the Secretary of the Commonwealth to establish procedures and regulations to ensure that an applicant for a standard driver’s license or learner’s permit who does not provide proof of lawful presence will not be automatically registered to vote.
The law takes effect on July 1, 2023.
A YES VOTE would keep in place the law, which would allow Massachusetts residents who cannot provide proof of lawful presence in the United States to obtain a driver’s license or permit if they meet the other requirements for doing so.
A NO VOTE would repeal this law.
QUESTION 5: THIS QUESTION IS NON BINDING
Shall the State Representative from this district be instructed to vote in favor of legislation that would prohibit any public pension fund, college, or university in Massachusetts from directly o r indirectly investing its funds, including, but not limited to, the holdings of stock, security, equity, asset or other obligation of a corporation or company who conducts exploration for, extraction of, or sales of fossil fuel assets?
QUESTION 6: THIS QUESTION IS NON BINDING
Shall the representative from this district be instructed to vote in favor of changes to the applicable House of Representative rules to make each Legislator’s vote in that body’s Legislative committees publicly available on the Legislature’s website?
Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting.
Given under our hands this _______ day of _______________, 2022.
(month)
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Select Board of Provincetown, Massachusetts
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Emmett Catanese Constable
Provincetown Town Clerk
Posted: _______________________
Published Provincetown Independent: Oct 27th 2022
Town of Provincetown
Public Hearing
Historic District Commission
November 16, 2022
The Provincetown Historic District Commission will hold a Public Hearing at 3:30 P.M. on Wednesday, November 16, 2022, 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.
HDC 22-238
Application by Stanil Lozanov, on behalf of Jamie Mills, requesting to replace a front door and 9 windows in kind and to re-shingle the front, the back side and dormers of the structure located at 254 Bradford Street.
HDC 22-239
Application by Amanda Nickerson, on behalf of John P. Sullivan Trust of 2019, requesting to add a wrap-around fence on the property located at 58 Bradford Street, U1.
HDC 22-240
Application by Don DiRocco, of Hammer Architects, on behalf of Bradford Montello Realty Trust, requesting to slightly alter the south elevation by replacing a slider and the north elevation by replacing 2 windows and mounting a “sun tunnel” on the roof of the structure located at 35 Bradford Street.
HDC 22-244
Application by Tom Harvey requesting to remove wooden double stairs and a walkway to the front door with brick stars and a walkway and to replace 2 sets of windows on the front elevation on the structure located at 188 Bradford Street.
HDC 22-246
Application by Richard Baker, on behalf of 1100 Madison Avenue Realty, LLC, requesting to replace trim with Azek and a window in kind and to re-shingle left, right, and rear of the structure on the property located at 148 Commercial Street, U4.
Laurie Delmolino, Chair
Posted by the Town Clerk www.provincetown-ma.gov 10/19/2022, 10:50 am AR
Published: The Independent October 27 and November 3, 2022
Town of Provincetown
Public Hearing
Select Board
Economic Development Permit
November 14, 2022
The Provincetown Select Board will hold a Public Hearing on Monday, November 14, 2022 at 7:00 p.m. in the Judge Welsh Room, Town Hall, 260 Commercial Street, Provincetown, MA 02657 to receive comments from the public on the following Economic Development Permit requests:
- EDP 22-02, 347 Commercial Street, by Diarmuid O’Neil (applicant) on behalf of 347 Commercial LLC (owner) to increase the assigned Title 5 flow to the existing property by 1,003 gallons per day to convert the existing retail space to a 30 seat restaurant.
- EDP 22-05, 148 Commercial Street, Unit 4, by Joseph Bruno (applicant) on behalf of 1100 Madison Ave Realty LLC (owner) to increase the assigned Title 5 flow to the existing property by 378 gallons per day to convert the existing office space to a 4 seat barbershop.
Comments may be submitted in writing to the Office of the Select Board, 260 Commercial Street, Provincetown, MA 02657 or [email protected] by Tuesday, November 8, 2022, noon, or at the meeting, or by joining the meeting on Microsoft Teams by clicking the following link: Click here to join the meeting or by phone by dialing (833) 579-7589 and entering the following conference number: 615 923 056#
Posted: Town Hall, http://www.provincetown-ma.gov 10/19/2022, 10:25 am AR
Published: Provincetown Independent: October 27 and November 3, 2022
Town of Provincetown
Select Board
2022 Annual Traffic Hearing
Due to the rescheduling of the Special Town Meeting, the Provincetown Select Board has canceled the 2022 Annual Traffic Hearing and hearing the accepted proposals during their regular December 14th, January 9th and January 23rd meetings. Please contact the Secretary to the Select Board Elizabeth Paine at [email protected] if you have any questions.
David Abramson, Chair
Select Board
Posted: Town Clerk, www.provincetown-ma.gov 10/20/22 1100hrs EC
Published Independent: October 27, 2022
