Edgartown 2011 Annual Town Meeting Warrant

ANNUAL TOWN MEETING

APRIL 12, 2011

County of Dukes County, ss:

To either of the Constables in the Town of Edgartown in the County of Dukes County, GREETINGS:

In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in elections and Town affairs, to meet in the auditorium of the Old Whaling Church (Methodist Church) on Main Street in said Edgartown on Tuesday, the Twelfth day of April, Two Thousand Eleven at seven o’clock in the evening, then and there to act on the Articles in this Warrant, with the exception of Article One.

And to meet again in the Town Hall Meeting Room, entrance from South Summer Street parking lot, in said Edgartown on Thursday, the fourteenth day of April, Two Thousand Eleven at ten o’clock in the forenoon, at the polling place, then and there to act on Article One of the Warrant by the election of Officers on the Official Ballot.

The polls for voting on the Official Ballot will be open at ten o’clock in the forenoon, and shall be closed at seven o’clock in the afternoon.

ARTICLE 1. To elect the following Officers on the Official Ballot:

1. One Moderator for Three Years

2. One Selectmen for Three Years

3. One Assessor for Three Years

4. One Member of the Board of Health for Three Years

5. One Member of the Planning Board for Five Years

6. One Member of the School Committee for Three Years

7. One Trustee of the Edgartown Free Public Library for One Year

8. Two Trustees of the Edgartown Free Public Library for Three Years

9 One Park Commissioner for Three Years

10. One Wastewater Treatment Commissioner for Three Years

11. One Water Commissioner for Three Years

12. One Constable for Three Years

13. Two Members of the Financial Advisory Committee for Three Years

Answer YES or NO to the following questions:

Question 1. Shall the Town of Edgartown be allowed to assess an additional $140,000.00 in real estate and personal property taxes for the purpose of resurfacing and rebuilding various Town streets for the Fiscal Year beginning July first, two thousand eleven?

Question 2. Shall the Town of Edgartown be allowed to assess an additional $55,000.00 in real estate and personal property taxes for the purpose of building and repairing various Town sidewalks, bike paths and storm water drainage systems for the Fiscal Year beginning July first, two thousand eleven?

Question 3. Shall the Town of Edgartown be allowed to assess an additional $98,000.00 to purchase a backhoe for the Highway Department for the Fiscal Year beginning July first, two thousand eleven?

ARTICLE 2. To hear reports of the Town Officers and Committees and to act thereon.

ARTICLE 3. To choose all other necessary Town Officers who are elected from the floor of the Town Meeting.

ARTICLE 4. To see if the Town will vote to raise and appropriate the sum of $3,000.00 to fund the advancement of a Jr. Wastewater Operator to Operator for Fiscal Year 2012.

Submitted by the Personnel Board

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 5. To see if the Town will vote to amend the annual salary scales of the Classification Plan (Section 25) of the Personnel Bylaw, so that they reflect a 1.5% increase totaling $93,500.00, which is a cost of living adjustment becoming effective July 1, 2011.

Submitted by the Personnel Board

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 6. To see if the Town will vote to amend the Classification Plan (Section 26.0) of the Personnel By-Law as follows:

Delete the position of Park Patrol Officer from Grade 4

Add the position of Park Patrol Officer to Grade 5.1

Submitted by the Personnel Board

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 7. To see if the Town will vote to accept the provisions of Chapter 149 of the Acts of 2010, which authorized the creation of the “Dukes County Pooled Other Post-Employment Benefits Trust”, and to join the Trust, or take any action relative thereto.

Submitted by Board of Selectmen

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 8. To see if the Town will vote to raise the necessary sums of money to defray the general expenses of the Town for Fiscal Year 2012 and to make appropriations therefore.

ARTICLE 9. To see if the Town will vote to raise and appropriate the sum of $20,000.00 for the Treasurer’s Borrowing Expense Account for Fiscal Year 2012.

Submitted by the Town Treasurer

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICE 10. To see if the Town will vote to raise and appropriate the sum of $10,000.00 to be placed in the Tax Title Foreclosure account to be used in conjunction with tax title takings, foreclosures, and associated legal costs for Fiscal Year 2012.

Submitted by the Town Treasurer

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 11. To see if the Town will vote to raise and appropriate the sum of $40,000.00 to be used as a Reserve Fund for Fiscal Year 2012 pursuant to Section 6, Chapter 40 of the Massachusetts General Laws.

Submitted by the Financial Advisory Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 12. To see if the Town will vote to transfer the sum of $250,000.00 from Free Cash to the Stabilization Fund.

Submitted by the Board of Selectmen 2/3 VOTE REQUIRED

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 13. To see if the Town will vote to appropriate from Free Cash the sum of $5,600.00 for the rental and maintenance of portable toilets at the Upper Main Street Park & Ride, off the Edgartown/Vineyard Haven Road for Fiscal Year 2012.

Submitted by the Board of Selectmen

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 14. To see if the Town will vote to amend Chapter 131.1 of the Town’s Noise By-Law as follows, with changes shown in italic:

131.1 Prohibited activity.

It shall be unlawful for any person or persons occupying or having charge of or owning any building or premises or any part thereof in the Town of Edgartown, other than that section of any establishment licensed under Chapter 138 of the General Laws, between the hours of 10:00 p.m. and 7:00 a.m. to cause or suffer to allow any unnecessary, loud, excessive or unusual noises plainly audible at a distance of 50 feet from a vehicle or premises from which it originates.

131.2 Violations, penalties and enforcement.

Violations under this bylaw shall be enforced by the Police Department. Such acts shall constitute prima facie evidence of a violation of this chapter. Penalties shall include: 1st offense: $100.00, 2nd offense: $200.00, 3rd offense: $300.00.

Submitted by the Board of Selectmen and the Planning Board

ARTICLE 15. To see if the Town will vote to add the following sections to the Town’s Noise By-Law:

132.1 Construction Noise

It shall be unlawful for any person or persons to create, assist in creating, continue or allow to continue any loud noise related to non-public construction activities, as outlined below, between the hours of 8:00 p.m. to 7:00 a.m. on weekdays and Saturdays, which either annoys, disturbs, injures or endangers the reasonable quiet, comfort, repose or the health and safety of others within the Town. Additionally, it shall be unlawful for any person or persons to create, assist in creating, continue or allow to continue any excessive, unnecessary or unusually loud noise related to non-public construction activities as outlined below at any time on Sundays or the following holidays: New Year’s, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.

Construction shall mean those activities requiring a building permit, and shall also include any site preparation, earth removal, grading, assembly, erection, substantial repair, alteration or similar action, including demolition, for or of private streets, structures, utilities or similar non-public property. Construction noise shall be that noise generated by manual or mechanical activities associated with construction.

132.2 Exemptions

a) Noise associated with emergency work or emergency vehicles is exempt from the provisions of this bylaw. Emergency work shall mean any work performed in an effort to protect, provide, or restore public safety, or work by private or public utilities when restoring utility service. Emergency vehicles shall mean any vehicle operated in an effort to protect, provide, or restore public safety including, but not limited to, ambulances, police vehicles, and fire vehicles.

b) Noise associated with construction activities undertaken with authorization of the Police Chief and/or Building Inspector in order to complete a project, which is in the public interest, in a timely and expeditious manner.

c) Noise associated with Town snow removal, street sweeping, highway maintenance and cleaning is exempt for the provisions of this bylaw.

d) This bylaw shall not apply to homeowners performing regular maintenance and tasks on their own property, including emergency repairs with professional assistance.

132.3 Enforcement

Violations under this bylaw shall be enforced by the Police Department (with notice to the Building Inspector.) Such acts shall constitute prima facie evidence of a violation of this chapter. Penalties shall include fines of: 1st offense: $100.00, 2nd offense: $200.00 and, 3rd offense: $300.00. Any violation shall also entitle the Building Inspector to issue a cease and desist order or revoke the building permit.

Submitted by the Board of Selectmen and the Planning Board

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 16. To see if the Town will vote to appropriate and set aside for later expenditure from the Community Preservation Fund established pursuant to Chapter 44B of the Massachusetts General Laws, Fiscal Year 2012 revenues in the following amounts to the following reserves:

$ 76,000.00 to be appropriated to the Community Preservation Open Space Reserve Fund;

$ 76,000.00 to be appropriated to the Community Preservation Affordable Housing Reserve Fund;

$ 76,000.00 to be appropriated to the Community Preservation Historic Preservation Reserve Fund;

$510,000.00 to be appropriated to the Community Preservation Budgeted Reserve Fund;

$ 20,000.00 to be appropriated to the Community Preservation Administrative Expenses Account;

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 17. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Affordable Housing Reserve Fund the sum of $75,000.00 and from the Fiscal Year 2011 Community Preservation Budgeted Reserve Fund the sum of $27,000.00 for a total of $102,000.00 to be paid to The Dukes County Regional Housing Authority to fund the Rental Assistance Program for Edgartown families.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 18. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Budgeted Reserve Fund the sum of $25,000.00 for rental subsidies for Morgan Woods. The funds would be administered by The Dukes County Regional Housing Authority.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 19. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Historic Preservation Reserve Fund the sum of $25,000.00 to partially pay to historically restore the mural in the rear of the interior of the Whaling Church. The Whaling Church is in the Historic District and on the National Register of Historic Places.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 20. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Historic Preservation Fund the sum of $8,000.00 for the MV Museum to preserve and restore five paintings of historical Edgartown figures: Jared Fisher Sr. (1794-1873), Sarah Pease Fisher(1796-1882), Dr. Daniel Fisher(1799-1876), Thomas Adams Norton(1809-1885), & Benjamin Worth(1763-1805).

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 21. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Historic Preservation Fund the sum of $40,000.00 for the MV Museum for 26% of cost for the first year of a two year project to archive and register the museum’s collection. The museum must be awarded a total of at least 50% of the funds sought from all towns to be awarded Edgartown’s portion.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 22. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Budgeted Reserve Fund the sum of $5,700.00 for the Board of Assessors to preserve and restore Town Records.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 23. To see if the Town will vote to appropriate from the Fiscal Year 2011 Community Preservation Budgeted Reserve Fund the sum of $3,400.00 for the Board of Selectmen to preserve and restore Town Records.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 24. To see if the Town will vote to transfer $75,000.00 from the Community Preservation Unreserved Fund to the Community Preservation Affordable Housing Reserve Fund.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 25. To see if the Town will vote to transfer $150,000.00 from the Community Preservation Unreserved Fund to the Community Preservation Open Space Reserve Fund.

Submitted by the Community Preservation Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 26. To see if the Town will vote to appropriate from Free Cash the sum of $25,000.00 to contribute to the cost of the Fourth of July Fireworks for the Fiscal Year 2012.

Submitted by Petition

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 27. To see if the Town will vote to appropriate from Free Cash, for Fiscal Year 2012 expenditure, the sum of $58,000.00 to purchase and equip two new police cruisers.

Submitted by the Police Chief

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 28. To see if the Town will vote to appropriate from Free Cash, for Fiscal Year 2012 expenditure, the sum of $60,000.00 to shingle and trim the Edgartown Fire Station.

Submitted by the Fire Chief

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 29. To see if the Town will vote to appropriate from Free Cash, for Fiscal Year 2012 expenditure, the sum of $8,000.00 to repair and/or replace ceiling tiles and insulation for truck bays at the Edgartown Fire Station.

Submitted by the Fire Chief

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 30. To see if the Town will vote to appropriate from Free Cash, for expenditure in Fiscal Year 2012, the sum of $10,000.00 to replace 2 truck bay doors and automatic openers for all the doors at the Edgartown Fire Station.

Submitted by the Fire Chief

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 31. To see if the Town will vote to accept any gifts or grants from individuals or organizations to be used by the Fire Engineers for the purchase of Fire equipment.

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 32. To see if the Town will vote to raise and appropriate the sum of $44,000.00 to fund various Shellfish Committee programs to be administered by the Shellfish Department for Fiscal Year 2012.

Submitted by the Shellfish Department

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 33. To see if the Town will vote to raise and appropriate the sum of $30,000.00 to fund the Town’s membership fee in the Martha’s Vineyard Shellfish Group for Fiscal Year 2012.

Submitted by the Shellfish Department

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 34. To see if the Town will vote to authorize the Edgartown Shellfish Committee to accept any gifts or grants of money from various sources, funds to be used for various Shellfish Committee propagation programs for Fiscal Year 2012.

Submitted by the Shellfish Department

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 35. To see if the Town will vote to appropriate from Free Cash the sum of $70,000.00 for the maintenance and replacement of moorings, buoys, docks, spiles, tie-off stakes, floats, walkways, and equipment necessary for marine operations on Town owned docks and property for Fiscal Year 2012.

Submitted by the Harbormaster

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 36. To see if the Town will vote to appropriate from Free Cash the sum of $8,000.00 to replace the 2004–40hp engine for the work boat “Pointer” and to authorize the Board of Selectmen to dispose of the existing engine in the best interest of the Town.

Submitted by the Harbormaster

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 37. To see if the Town will vote to raise and appropriate the sum of $6,235.00 to fund its share (50%) of :

a) Characterization of landfill gas and ambient air along Meshacket Road.

b) Attempting to locate destroyed gas vents in the old capped LDO area.

c) Groundwater quality monitoring for 1, 4 Dioxane in 7 groundwater monitoring wells.

d) Preparation of a biennial report to DEP addressing inspections, maintenance, summary of environmental monitoring results and summary of corrective action activities and recommendations.

All to comply with the July 8, 2010, DEP conditions of approval of the comprehensive site assessment of the Edgartown Landfill on Meshacket Road.

Submitted by the Board of Health

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 38. To see if the Town will vote to raise and appropriate the sum of $33,689.00 to fund its share (50%) of:

a) Engineering, construction, monitoring and required reporting of 7 gas wells along Meshacket Road.

b) Construction of 3 additional gas monitoring probes along the northerly boundary of the Edgartown Landfill.

c) Six months of required landfill gas monitoring at 24 exiting gas wells and required reporting.

d) Two months of required gas monitoring of the 7 newly constructed gas wells (see 2, a., above).

e) Inclusion of the 7 new gas wells into the quarterly gas monitoring program and report as part of the quarterly reporting.

f) Inclusion of the 3 new gas probes (see 2, b., above) into the quarterly gas monitoring program and report as part of the quarterly reporting.

g) Preparation of an annual Landfill Inspection report.

All to comply with the conditions of approval of the October 19, 2010, DEP conditions of approval of the Edgartown Landfill Major Landfill Modification Approval”.

Submitted by the Board of Health

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 39. To see if the Town will vote to amend Article 14.1 Coastal District of the Edgartown Zoning By-laws by adding a new subsection as follows:

14.1. e.10. Notwithstanding subsection 14.1.e.9., the Board of Health’s approval of an upgrade from an existing septic system or cesspool to a Title 5 septic system or other enhanced system, that entails the modification of one or more of the setback or separation requirements set forth in subparagraphs 4-8, shall be lawful, whether or not the lot on which the upgraded system is located was in separate ownership from adjoining lots before December 22, 1976 provided that, in the opinion of the Board of Health, the revised design provides:

a.) for no increase in flow;

b.) for no increase in the number of bedrooms;

c.) there is a greater protection of public health, safety and the environment than the existing cesspool; and

d.) the provisions of subsection 14.1.e.10 shall only apply to existing lots created before February 15, 2011.

This subsection shall apply to approvals issued prior to the date of this Amendment, as well as to those issued thereafter.

Submitted by the Board of Health and the Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 40. To see if the Town will vote to appropriate from Free Cash, for expenditure in 2012, the sum of $5,210.00 for the installation of dual air conditioning systems for the 2nd floor of The Anchors building.

Submitted by the Council on Aging

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 41. To see if the Town will vote to appropriate from Free Cash, for expenditure in Fiscal Year 2012, the sum of $7,500.00 to build an outside staircase on the Anchors building for emergency evacuation and for allowing use of the second floor for meeting and program space.

Submitted by the Council on Aging

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 42. To see if the Town will vote to amend the Edgartown Zoning By-laws Article II as follows and to re-codify all definitions alphabetically without numbering:

ARTICLE II. DEFINITIONS

Accessory building or use is subordinate in purpose to and serves a principal building or principal use and shall include tennis courts, swimming pools or like structures.

Dwelling Unit is a portion of a building used or to be used as a habitable unit for one family or household with facilities for sleeping, cooking, bathing and sanitation.

Multi-unit dwelling and or dwelling units shall mean any building consisting of attached single-family units with each unit providing independent living facilities.

Special Permit Granting Authority (SPGA) is the town board or authority that grants special permits as follows:

Planning Board for special permits for Cluster Developments, Beach Area & Wetlands, Coastal District, Island Roads District, Special Places District, B-2 Upper Main Street District, Cape Pogue District, Edgartown Ponds Area District, and Surface Water District.

Building Inspector for permits and special permits under the Sign by-law, and.

Zoning Board of Appeals for all other special permits authorized by this bylaw.

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL

ADVISORY COMMITTEE

ARTICLE 43. To see if the Town will vote to amend the Edgartown Zoning By-laws to

restate “Article III. Districts” as follows:

ARTICLE III. DISTRICTS (Existing)

3.1 The Town of Edgartown is hereby divided into the following districts for the administration of this By-Law:

A. R-5 Residential; 10,000 square feet minimum lot size

B. R-20 Residential; ½; acre minimum lot size

C. R-60 Residential; 1 ½; acre minimum lot size

D. R-120 Residential: 3 acre minimum lot size; Chappaquiddick

E. RA-120 Residential/Agricultural; 3 acre minimum lot size

F. B-I Business; town center

G. B-II Business; highway linear type and which are indicated and identified upon the zoning map of said town filed with the Office of the Town Clerk, which map is incorporated in and made part of this by-law

H. B-III Business, outlying

I. Planned Development District (PDD) which is an overlay district to the R-20 zoning district

J. SWD Surface Water District: Harbors, bays ponds

K. B-IV Trades District

L. and which are identified upon the zoning map of said town, filed with the Office of the Town Clerk, which map is incorporated and made a part of this by-law.

ARTICLE 3. DISTRICTS (Proposed)

3.1 The Town of Edgartown is hereby divided into the following districts for the administration of this by-law, and which are identified upon the zoning maps of the town filed with the Office of the Town Clerk and made part of this by-law.

District

Description

Minimum Lot Size

Front Yard Setback

Side & Rear Setbacks

SPGA

R-5

Residential

10,000 sq ft

20 ft (1)

5 ft.

ZBA

R-20

Residential

½; acre

30 ft.

10 ft.

ZBA

R-60

Residential

1 ½; acres

50 ft.

25 ft.

ZBA

R-120

Residential, Chappaquiddick

3 acres

50 ft.

25 ft.

ZBA

RA-120

Residential/Agricultural

3 acres

50 ft.

25 ft.

ZBA

B-1

Town Center

5,000 sq. ft

10 ft. (2)

5 ft. (22)

ZBA

B-2

Business/Upper Main Street

6,500 sq. ft

20-40 ft. (3)

10 ft.

PB

B-3

Business/Outlying

N/A

ZBA

B-4

Trades

N/A

ZBA

Planned Develop.

Overlay District to R-20

PB

Coastal

Overlay District

PB

Island Road

Overlay District

PB

Special Ways

Overlay District

PB

Special Places

Overlay District

PB

Cape Pogue

Overlay District

PB (4)

Katama

Overlay District

PB

Edgartown Ponds

Overlay District

PB

Surface Water

Harbors, Bays & Ponds

PB

Frontage: All lots created after April 9, 1985 will have a minimum frontage of 50 feet on a street.(5)

(1) Article 6.4. (2) Article 9.4. & (2A) 0 setbacks on Main St. (3) Article 10.5. (4) Article 14.4.6 (5) Article 11.1

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 44. To see if the Town will vote to amend the Edgartown Zoning By-laws to: 1) eliminate a portion of Section 11.3 GENERAL REGULATIONS which states “Elevated Decks and Elevated Porches shall be accessed only from the inside of the dwelling unless required as part of a mandatory second means of egress, through a door or doors with minimum dimensions of 2’8″ x 6’6″ hung in a vertical plane.” and 2) re-codify the article and replace in its entirety with the following text:

11.3 A. Height of Buildings and Exception

The height of any structure created in any district shall not exceed thirty-two feet for a pitched roof or twenty-four feet for a flat roof. Any roof with less than a four inch pitch per foot will be considered a flat roof. However, these dimensions may be exceeded by special permit so as to conform to the average height of existing principal buildings fronting on the same street or within 500 feet of the premises.

The Board of Appeals may grant a special permit for an exception from these requirements upon its determination that an increase in height will not create undesirable conditions caused by overshadowing and loss of privacy, and that utility and protective services will be adequate. Height shall be measured as the vertical distance from the mean level of ground in its natural state prior to construction, to the highest point of the roof. Chimneys, spires, vent pipes and other similar appurtenances may have an additional eight feet above the highest point of the roof. Antennas and weather devices shall be exempt from this provision.

B. Elevated Decks & Elevated Porches

1) Definition: For the purpose of this By-law, an elevated deck or an elevated porch is any accessible walking surface larger than 8′ in any dimension and more than 7’6″ above the mean natural grade.

2) Permitted Uses:

Elevated decks and porches shall be constructed entirely above livable area, including first floor porches and decks (not patios or terraces on grade.)

The walkable surface area of the deck or elevated porch shall not be higher than the level of the second floor of the dwelling.

3) Exception: Elevated decks or porches not meeting these criteria may be allowed by a special permit from the Board of Appeals, provided that the proposed deck or porch is based on historical precedent such as a widow’s walk or is designed as an integral part of the dwelling and, in the opinion of the Special Permit Granting Authority, is not out of keeping with the architecture of Edgartown.

Submitted by the Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 45. To see if the Town will vote to amend the B-II Business District of the Edgartown Zoning By-laws as follows:

10.2.4. B. The total floor area (measured from exterior faces of all structures on all floors of all structures (other than a basement) shall not exceed 50% of the total lot area. Any basement used for commercial space shall not be calculated as part of the total floor area for the purposes of this section of the Zoning By-laws.

Notwithstanding the above, the total floor area for all structures may exceed 50% of the total lot area, but not more than 80% of the total lot area, provided that the applicant demonstrates that the lot shall be served by a common access way, as set forth in Section 10.5.2.g. or shared parking areas with adjacent premises.

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 46. To see if the Town will vote to amend 4.2.h. Wind Energy Conversion Systems (WECS) as follows: To move the WECS regulations currently located in Section 4.2 in the R-60 Residential District to its own section under Article XXIV. Wind Energy Conversion Systems and to re-codify the remainder of subsection, formerly 4.2, to 24.1 as necessary, and correct references to the article in the remaining subsections of the By-law. By-law to be amended to read as follows:

24. Wind Energy Conversion System (WECS)

Conditionally permitted uses require a special permit from the Board of Appeals, in accordance with regulations appearing in Article XVII (17.1) and Article XI (11.6) of this By-law.

24.1 Definition: Wind Energy Conversion System (WECS): A device which converts wind energy to mechanical or electrical energy.

24.2 Setback Requirements: The minimum setback distance for all WECS from the property lines shall be (and continue to be for the life of the installation) at least equal to three (3) times the maximum height of the machine from grade. Setbacks will be measured to the center of the tower base.

24.3 Tower access: Climbing access to the WECS tower shall be limited either by (1) the installation of a fence with locked gate around tower base or (2) by limiting tower climbing apparatus to no lower than10 feet from the ground. If a fence is used, it shall be no lower than five feet and constructed in such a manner as to restrict passage through said fence, including such construction as stockade, woven wood, chain link, etc. but not split rail.

24.4 Public good: The Board of Appeals may grant a Special Permit if the applicant demonstrates that the installation will not cause excessive noise, interference with local television and radio reception or otherwise derogate substantially from the public good.

24.5 Maintenance: A WECS will be considered abandoned if not properly maintained for a period of six (6) months or if designated a safety hazard by the Building Inspector. The owner of any WECS which is considered to be abandoned or designated a safety hazard shall be required to dismantle the installation. All WECS shall be operated in a safe and reasonable manner.

24.6. No wind energy facility or met tower shall be erected, constructed, installed or modified in the Island Wind District of Critical Planning Concern Ocean Zone without first obtaining:

a. A special permit from the Edgartown Planning Board, which may be granted only upon a finding of consistency with the Guidelines of the Island Wind DCPC designation for the Ocean Zone and the Wind Energy Plan for Dukes County; and

b. The Planning Board’s determination that the wind energy facility or met tower complies with this By-law’s general standards for the grant of a special permit; and

c. Approval or approval with conditions by the Martha’s Vineyard Commission as a Development of Regional Impact.

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 47. To see if the Town will vote to amend Article XXIII of the Zoning By-laws Wireless Telecommunications Facilities as follows:

Article XXIII. PERSONAL WIRELESS SERVICE FACILITIES

23.1 Definitions

Personal Wireless Service (PWS) – Telecommunications defined in Section 704 of the Telecommunications Act of 1996, which include, primarily, commercial mobile radio services as defined by the Federal Communications Commission (“FCC”). (For purposes of this article, other wireless services that provide services from central terrestrial antenna site(s) to subscribers, such as “WiFi” or “WiMAX” internet services shall be considered PWSs.)

Personal Wireless Service Facility (PWSF) – An installation that performs the communication between a PWS provider authorized by the FCC to provide such services in Edgartown, and its subscribers. Such installation may consist of such elements as antennas, interconnecting cables, antenna mounting structure or apparatus, electronics, utility interfaces, and relevant equipment. Each PWSF consists of the installation belonging to one PWS provider.

23.2. Purpose

In order to enable the provision of PWS in the Town of Edgartown, adequate and comprehensive cellular phone service to the citizens of Edgartown while protecting the character of residential neighborhoods and of the Town, the following By-law applies to all applications for installation of PWSFs and ancillary equipment installations, including, but not limited, to support structures, antennas, transmitting, receiving and combining equipment, transmission, cables and backup power source.

23.3 Special Permit Required

In all zoning districts, PWSF’s and ancillary equipment installations may be allowed by special permit from the Planning Board. The Planning Board may exempt a PWSF from dimensional requirements delineated in other Articles of this Zoning By-law, provided the Planning Board makes the following findings:

a. The applicant has demonstrated that it cannot substantially provide the needed service from one or more PWSFs that are more compliant with the By-law, or the proposed PWSF, with dimensional waivers, has no material impact on the safety, health, general welfare and quality of the life in Edgartown.

b. There are no alternative means of placing one or more PWSFs to substantially provide the needed service that have a lesser overall impact on Edgartown.

c. That the proposed PWSF is designed to minimize the extent of the requested dimensional waiver(s) by judicious placement on the parcel and judicious analysis of the necessary height.

d. That the visual impacts of the proposed PWSF are mitigated to the maximum practicable extent by such means as described in Sec. 23.4.

23.4 Criteria for Special Permit

a. PWSFs shall be designed to utilize concealed antenna units often called “stealth” technology, unless it is impracticable to do so, on the proposed site or alternative sites, or unless the Planning Board finds the visual impact of the proposed PWSF does not materially affect the Town of Edgartown.

b. If a height greater than 32 feet above ground is proposed for a PWSF antennas or appurtenances, the applicant for the PWSF must demonstrate the need for the height according to 23.3.

c. All new construction of PWSFs shall be concealed, for example, in existing or new structures that are compatible with the architecture of Edgartown such as flagpoles, light posts, steeples or other innovative methods as they are developed and evolve. Attachments to PWSF towers supporting exposed antennas and apparatus that are existing as the date of adoption of this By-law (April 12, 2011) may be exempted from this concealment requirement. If the Planning Board finds that the proposed PWSF, without concealment, causes no material negative visual impact on Edgartown, the Planning Board may permit screening, camouflage, or terrain and existing vegetation to mitigate the visual impact of the PWS.

d. Design of installations shall be traditional, in keeping with the character of Edgartown, and shielded from the abutting structures and public view.

e. All installations and modifications shall comply with the Massachusetts Building Code, specifically with reference to its adoption of steel antenna structure standard TIA-222 as amended from time to time

f. The criteria of Section 11.6 and 17.5 of the Edgartown Zoning By-laws shall be met.

23.5 Application

Each application submitted for consideration shall, unless waived by the Planning Board, be prepared by professionals qualified in the necessary disciplines, such as civil engineers and wireless communications engineers, among others.

b. The PWS provider must be the applicant or co-applicant, who holds the license or authorization to operate the facility, demonstrate the leasehold commitment to the site, and permission of the site owner to apply for the special permit.

c. Applicant must supply a list of alternatives considered and demonstrate that it cannot substantially provide the needed service from one or more PWSFs that are more compliant with the bylaw, or the proposed PWSF with dimensional waivers, has no material impact on the safety, health, general welfare, and quality of life in Edgartown, and there are no alternative means of placing one or more PWSFs to substantially provide the needed service that have a lesser overall impact on Edgartown.

d. The applicant must provide a demonstration of need, supported by maps, and written explanations of data.

e. In addition, the applicant shall submit other information which may be required by the Planning Board to assist in its review process. The Planning Board, at the applicant’s expense may contract with professionals including engineers to assist in its review of the application, which expense shall be reasonable and in accordance with applicable laws of the Commonwealth.

23.6 Prohibited

New wireless towers over 32 feet in height are prohibited, unless the Planning Board makes all necessary findings enumerated in Sec. 23.3. The installation of any wireless communication antennas and apparatus on the Edgartown Water Company Standpipes is prohibited, unless the Planning Board finds that, in lieu of using the standpipes, there are no alternative locations that do not require dimensional waivers in 23.3 for one or more PWSFs to substantially serve the coverage needs.

Submitted by the Edgartown Planning Board 2/3 VOTE REQUIRED

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 48. To see if the Town of Edgartown will vote to raise and appropriate $2,529.00 to fund the Town’s share of the cost for a feasibility study for the replacement of the Superintendent’s Office. This study will include a review of the space needs for the office, an examination of the MVRHS property to determine a possible site and develop a rough estimate of the cost for a building on that site.

Submitted by the Superintendent of Schools

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 49. To see if the Town will vote to authorize the Edgartown School Principal and the Edgartown School Committee to dispose of the following five busses: 1996-Thomas Bus; 2000-International Bus; 2000-Blue Bird Bus; 2001-Thomas Bus; and 2006-Thomas Bus, in the best interests of the Town.

Submitted by the Edgartown School Principal

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 50. To authorize the Board of Selectmen of the Town of Edgartown to apply for any state and federal funds which might be available to defray all or part of the cost of the design, construction, and equipping of the library project and to authorize the Board of Selectmen to accept and expend any such funds when received without further appropriation, and to see if the Town will vote to approve the design and construction of a new public library, at the Edgartown School site, for the Town contingent on receipt of a state grant.

Submitted by the Library Building Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 51. To see if the Town will vote to raise and appropriate the sum of $140,000.00 to rebuild and resurface various Town streets, provided that a majority of voters casting a ballot (Question #1) thereon at the Annual Town Election to be held on April 14, 2011 vote in the affirmative to allow the Town to exceed its Fiscal Year 2012 Proposition 2½; spending cap.

Submitted by the Highway Superintendent

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 52. To see if the Town will vote to raise and appropriate the sum of $55,000.00 for the building and repairing of various Town sidewalks, bike paths, and storm water drainage systems, provided that a majority of voters casting a ballot (Question #2) thereon at the Annual Town Election to be held on April 14, 2011, vote in the affirmative to allow the Town to exceed its Fiscal Year 2012 Proposition 2½; spending cap.

Submitted by the Highway Superintendent

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 53. To see if the Town will vote to raise and appropriate the sum of $98,000.00 to purchase a backhoe to replace the 1997 backhoe, which has 3600 running hours on it, provided that a majority of voters casting a ballot (Question #3) thereon at the Annual Town Election to be held on April 14, 2011, vote in the affirmative to allow the Town to exceed its Fiscal Year 2012 Proposition 2½; spending cap.

Submitted by the Highway Superintendent

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 54. To see if the Town will vote to authorize the Board of Selectmen to accept and enter into contracts for the expenditure of any funds allotted by the Commonwealth for the construction, reconstruction, and improvements of the Town infrastructure, and to authorize the Board of Selectmen to borrow in anticipation of the reimbursement of funds. (Chapter 291C, Acts of 2004, in the amount of $177,240.00)

Submitted by the Highway Superintendent

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 55. To see if the Town will vote to raise and appropriate the sum of $1,500.00 to install five new street lights on Herring Creek Road between Katama Road and Crocker Drive.

Submitted by the Highway Superintendent

NOT RECOMMENDED BY FINACIAL ADVISORY COMMITTEE

Submitted by the Park Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 57. To see if the Town will vote to appropriate from Free Cash the sum of $24,000.00 to resurface the roller hockey court, a basketball court, and replace fencing.

Submitted by the Park Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 58. To see if the Town will vote to authorize the Edgartown Parks Department to accept gifts or grants to make improvements to the Robinson Road tennis courts.

Submitted by the Park Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 59. To see if the Town will vote to raise and appropriate the sum of $31,965.00 to replace the 1993 Ford Dump Truck and further to authorize the Wastewater Commissioners to dispose of the 1993 Ford Dump Truck in the best interests of the Town.

Submitted by the Wastewater Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 60. To see if the Town will vote to raise and appropriate the sum of $25,000.00 to scrape and paint the lime silo, and to resurface and paint the odor control silos at the Wastewater Facility.

Submitted by the Wastewater Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 61. To see if the Town will vote to raise and appropriate the sum of $50,000.00 for the Wastewater Department’s Equipment and Collection System Maintenance for Fiscal Year 2012.

Submitted by the Wastewater Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 62. To see if the Town will vote to raise and appropriate the sum of $1,500.00 for the purpose of funding the Town’s share of the Martha’s Vineyard Cultural Council’s annual budget for Fiscal Year 2012.

Submitted by Petition

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 63. To see if the Town will vote to authorize the Water Department to transfer the sum of $60,000.00 from the Department’s surplus account to the water expense account for improvements necessary for the town’s water system including: the installation, replacement, cleaning and relining of water mains and appurtenances; the installation and replacement of water service lines and water meters, construction equipment, construction and restoration of pump stations, wells, water treatment, office, standpipe, and other structures, buildings, facilities and grounds, water quality improvements, and for costs incidental and related thereto for Fiscal Year 2012. This article will have no impact on water user’s charges or tax rate. Water surplus funds will finance the purpose.

Submitted by the Water Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 64. To see if the Town of Edgartown will vote to enter into an inter-municipal agreement with the County of Dukes county to provide an Integrated Pest

Management Program (including Rodent Control) and to raise and appropriate or transfer from available funds $14,014.04 as the Town’s proportionate share of the balance ($38,971.20) of the net cost of the program, based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue for the Fiscal Year starting July 1, 2011. The level budgeted cost of the Pest Management program for the Fiscal Year 2012 is $73,714.00, less projected revenue of $25,000.00, for the net cost of $48,714.00. The County of Dukes County will pay 20% ($9,742.80) of the net cost of the program.

Submitted by the Dukes County Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 65. To see if the Town of Edgartown will vote to enter into an inter-municipal agreement with the County of Dukes County to provide a Vineyard Health Care Access Program and to raise and appropriate or transfer from available funds $26,203.62 as the Town’s proportionate share of the balance ($72,868.80) of the level budgeted projection cost, based on the equalized valuation as computed by the Commonwealth of Massachusetts Department of Revenue for a Fiscal Year starting July 1, 2011. The cost of the level budgeted share of the program for Fiscal Year 2012 is $91,086.00. The County of Dukes County will pay 20% ($18,217.20) of the level budgeted cost of the program.

Submitted by the Dukes County Commissioners

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 66. To see if the Town of Edgartown will vote to raise and appropriate or transfer from available funds the sum of $14,214.16 to continue the Vineyard Health Care Access Program at the current level of service. These funds, from six Island Towns, will be administered by the County of Dukes County and will provide $58,914.06 countywide. When combined with the County’s Vineyard Health Care Access Program, Article 56, the total amount represents the Town’s proportionate share, based on the 50/50 formula which combines 50% of the cost based on equalized valuation of property values as computed by the Commonwealth of Massachusetts Department of Revenue and 50% based on the Town’s population as documented in the US Census. Based on this formula the percentage of the total for Edgartown is 30.67%.

Submitted by Dukes County Health Council

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 67. To see if the Town will vote to appropriate from Free Cash the sum of $10,000.00 to be added to the Beautification Committee Fund for Fiscal Year 2012.

Submitted by the Beautification Committee

RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

ARTICLE 68. To see if the Town will vote to support the following:

A resolution of the Town of Edgartown, Massachusetts to end the expenditure of our citizens’ tax dollars for excessive and unaffordable warfare.

Whereas,

the financial resources available for use by governments at the local, county, state, and federal levels in the United States are and must be limited; and

an inordinate level of military expenditure is being made by the U.S. federal government for warfare in Iraq, Afghanistan, and Pakistan; and

of the declared national defense budget, the tax burden on Massachusetts alone is about $21 billion per year, or approximately $3,200 per year for each man, woman, and child of the 6.6 million residents in Massachusetts ($9,600 per year for a family of three); and

for just the supplemental war funding passed in August, $89 billion, the burden on each man, woman, and child in Massachusetts is an additional $454 per year, or a total of more than $3650 per year (not counting prior and possible subsequent supplemental funding bills at the time of this resolution); and

the approximately 4,054 people of Edgartown, Massachusetts are therefore collectively paying or becoming indebted for almost fifteen million dollars ($14,813,316) per year of their limited financial resources for such warfare, which supplied no identified public benefits; and

this warfare creates great and unnecessary harm to the people of the nations of Iraq, Afghanistan, and Pakistan and to the U.S. military personnel and their families; and

education services, infrastructure repairs, other essential public services, and family and private-sector financing in Edgartown and throughout the State of Massachusetts have been substantially reduced in order for an excessive portion of available financial resources to be diverted from the constructive economy to unnecessary warfare; and

all of this transpires as we struggle to recover as a nation, as a state, in our town, in our families and as individuals from a major crises of financial systems,

Now, therefore, be it resolved that the Town of Edgartown, Massachusetts commands the member of the U.S. House of Representatives from the Tenth Massachusetts Congressional District, and both Senators for Massachusetts, to oppose all legislation brought before the U.S. House of Representatives that provides further funding of the U.S. warfare and U.S. military occupation in Iraq, Afghanistan, and Pakistan, and the Town of Edgartown , Massachusetts also commands them each and all to take strong and forceful action to influence the full U.S. House of Representatives and the full Senate to terminate existing occupation and military operations.

Submitted by Petition

NEITHER RECOMMENDED NOR NOT RECOMMENDED BY FINANCIAL ADVISORY COMMITTEE

And you are directed to serve this Warrant by publishing an attested copy thereof in one newspaper having general circulation in said Edgartown, seven days, at least, before the time of holding said meeting or by posting it in six or more conspicuous places in Town at least seven days before the time of said meeting.

HEREOF FAIL NOT, and make due return of the Warrant with your doings thereon to the Town Clerk at the time and place of meeting as aforesaid.

Given under our hands this seventh day of March in the year of our Lord Two Thousand Eleven.

__________________________

Margaret E. Serpa, Chairman

________________________

Arthur Smadbeck

_________________________

Michael J. Donaroma

BOARD OF SELECTMEN

Town of Edgartown