Dennis voters polish off town business in two brisk, money-saving sessions

Annual Dennis Town Meeting was the most colorful, visually, in history. Moderator Peter McDowell and many other townspeople gave the Wixon auditorium a bicentennial touch by appearing in colonial costumes. Once underway, the meeting maintained the town's reputation for short, business-like meetings. The voters finished the 97-article warrant in two nights. The voters kept remarkably close to Finance Committee recommendations. This prompted a pleased FinCom Chairman William E. Crowell ST., to comment at the finish: "This has been an unusual year!" Professional revaluation is still going on and precludes guessing at a tax rate. But town meeting corrected the Regional School budget downward by $100,000. "This correction," announced Executive Secretary Theodore Nelson, "will mean a $2 difference in whatever tax rate is arrived at." There were a couple other highlights. The majority's concern with high density home construction showed itself in the "indefinite postponement" of an article calling easing the present 20,000 square foot minimum requirement by means of a grandfather's clause. Then Richard True tried to have all road takings voted down pending approval by the attorney general of the town's new betterment tax bylaw. But Selectman Henry Kelley 2nd successfully argued that roads where only legal fees were required should be processed in the normal way "to avoid confusion." The majority of the roads were unanimously accepted. Most of the first night of the Dennis town meeting was given to discussion of the overall budget. When Moderator Peter McDowell at last acknowledged a vote of approval, there had been few amendments to Finance Committee recommendations. The total was $5,674,503.24, with $39,464 to be transfered rom available funds. (The next night, however, four items were reconsidered because of "overstatements" discovered and the total lowered by about $100,000.) Article 13, in which its originator, Planning Board Member Charles Crowell, asked that 10,000 sq. ft. lots be grandfathered, was another time consumer. Opposed by the remaining members of the board, it fell to "indefinite postponement." Finance Committeeman Edward A. Crowell played the role of antagonist during budget amendment moves. What he did was: Win rejection of the Recreation Commission's attempt to regain $500 earmarked for senior hockey ice time. (The Rec Com did get back $500 for senior soft ball.) Lose his fight to prevent the Health Dept. from recovering $1,000 for a lab assistant for the sampling and testing of coliform count at the town beaches. He had argued the County labs were set up to do the testing. Obtain from Selectman Henry Kelley 2nd a promise that departments - Conservation, Health and Building - would no longer purchase traded-in police cruisers from "operational expenses" funds, a practice he angrily held to be "illegal" and "unfair." Conservation Commission Chairman Theodore Gardner had no reaction from Crowell when he pleaded for return of $1,144 for an assistant Natural Resources officer, and $300 for additional expenses. Gardner said his commission had also hoped for a secretary. "We can only do the job expected of us - we are not paid and we have plenty of volunteers - unless we are given the tools," he said. On re-purchase of old police cruisers, Crowell insisted "nothing was voted last year for this and here we have had a big switch, a purchase that should have been a capital expense item." Kelley responded that "The circumstance rests with me," and went on to explain: "It was considered perfectly proper to use operating expense money for modest purchases - such as a $400 vehicle. We got back those old vehicles, which of course were no longer efficient for police work, but good enough for other departments where less use was required. Moreover we would not be paying out mileage for the use of private cars. This was a savings. "But I don't hink the Finance Committee, an advisory group, should be telling the Executive Secretary and the Selectmen how to use money." But Crowell gained a promise from Kelley that there owould be no more re-purchasing of traded-in vehicles - "instead of surprising us again next year." On the Health Board matter, Crowell was adamant that the county should be doing the lab work. Health Officer Theodore Dumas explained lab technician working with Dennis would save the town department a lot of time in a major job, whereas the county had not got the money it wanted for extra lab space. "We can have the lab results back within 24 hours; the county couldn't do it in a week," said Dumas. Selectman Henry Boles called on Dr. Arthur Bickford of the Health Advisory Committee, and Chairman Nancy Sears and Curt Livingston of the Beach Operations Committee. Mrs. Sears reminded the voters the state requires a coliform count to determine whether beaches can remain open; she called it an "inexpensive protection for the people from pollution." Bickford and Livingston agreed the county could not handle the job. "There's no great pollution that I know of," said Crowell. "I donit recall that the Finance Committee rescinded its unanimous vote in favor of this item," said Selectman Boles. "I was absent for the first vote but on a second one, I was the only one to vote against it," answered Edward Crowell. "They say they'll make 72 tests a week. Why, all the other towns together don't take that many!" Said Boles: Dennis is "reaching the goal of having the best Health Board on the Cape." The $1,000 was granted. The school budgets got by despite some obvious doubts by Russell Wilkins, whose resignation from the Regional School Committee had become" effective only the day before, and present member Mrs. Alice Hofmann. The figures were passed. Wilkins asked the matter be tabled "pending clarification." When Finance Committee Chairman William Crowell had explained the budgets had been certified with the Town Treasurer, the budget was passed. Wilkins had also asked if the Regional Committee would be able to spend the Dennis Committee's money ojice regionalization became effective in July. "Yes," said Town Counsel Robert O'Neil. Budget out of the way, the voters found themselves arguing over Article 13, a zoning amendment. Planning Board Chairman David Ellis said the board recommended indefinite postponement. Member Crowell said the present law prevents people who bought adjoining lots smaller than 20,000, before the law became effective, from building more than one dwelling on them. People who have invested in small lots before the new zoning can't get Conservation Easements and we know tax assessments are going up." Wellington Bingham spoke against the amendment: "If it were written to protect only the small lot owner instead of those who own large tracts, fine, but we're interested in holding down building in this town. John Sullivan saw "no justification for this proposed blanket exemption." Ralph Secord concurred and added: "We've finally put a check on runaway development. If there's to be an amendment, let it be specific, not so general."Harry Schessler saw "loopholes even in the present law," but "don't forget," he admonished, "everyone has access to the Board of Appeals." Planning Board Member Lee Frankl said it was "a bad article, and it is sad that Crowell made his presentation without first discussing it with his fellow board members. His article, in effect, says we don't need an Appeals Board." New Selectman Richard Shea, sworn in only that evening, said: "Here we have people who have just come across the bridges now wanting to close them, and not respecting the rights of those who came before. I see no problem with small lots. I think 10,000 square feet is more than adequate to handle sewage properly. Too bad we can be selfish." Curt Livingston of the Conservation Commission reminded the voters the high density areas Shea was referring to are open only in the summer. Mrs. David Tellegan and Mrs. Carol Kelley defended the article. "Costs a lot of money to go before the Appeals Board," said Mrs. Tellegen. "A lot owner should be able to build whatever he wants to on his property, whether a subdivider or not. Investors should be protected." Finally Selectman Donald Moncevicz quoted a Cape Cod Planning and Economic Development Commission opinion that a 20,000 lot was minimal for adequate sewerage. This present zoning law is essential, otherwise I see a costly sewerage system in our future. He moved for indfeinite postponement and won.

SECOND SESSION

Equipment purchases were passed without debate. The town bought a new dump truck and two road sanders for the Highway Dept., a pickup truck and mowing equipment for the Cemetery Dept. The town voted $10,000 to correct traffic lights at Rt. 134 and Duck Pond Rd. (the famous quicklight intersection) and to blacktop roads in Swan Lake Cemetery Annex and maintain Hall, ' Homer and Quaker Cemeteries. Planning Board articles on flood insurance and establishing a flood hazard district were killed "until we get into flood plain zoning," according to Theodore G. Gardner. But the town updated the wetlands bylaw to include fresh water and thus conform to the state act. FinCom Chairman Crowell had a special fund for maintenance of conservation property killed, and the commission settled for $5,000 (instead of the usual $10,000) for its continuing miscellaneous purchases fund. A major debate (for this well oiled meeting) arose over a two part article authorizing conservation purchases. Ted Gardner had to do the speaking because Conservation Chairman Dr. Norton H. Nickerson was absent. Dr. Nickerson's office at Tufts burned last week, destroying many of his records representing years of work. The article proposed to expand the area in Crowe Pasture authorized for purchase in 1967 by including 15 acres (five of them bog) southeast of Cole's Pond. The town already had (since 1967) borrowing authority and, according to Gardner, it could "reasonably expect 75 percent reimbursement." The price would depend on two appraisals yet to be made, but on the basis of appraisals two years ago on nearby property, it would cost in the vicinity of $24,000. Everybody said they were in favor of the purchase. But some had misgivings. Newly Elected Selectman Richard Shea was against borrowing for it. "I don't think you'd be buying so much buildable land if you had to pay for it instead of floating all these bonds." Quincy Newcomb wanted a limit on the amount the town would pay. Selectman Henry Kelley responded to Shea. "On borrowing," he said, "there is a real difference of philosophy. I honestly believe conservation land is purchased also for the benefit of all who come after us.. It is reasonable to expect them to share in the cost..." As for Newcomb's concern, he said Dennis would return to town meeting if the asking price was higher than the appraisals. The second part of the article authorized purchase of 23 acres of marsh and swamp on Swan River surrounding the Hart Farm south of Upper County Rd. The agreed price was $20,000 and the Commonwealth was committed to pay half. There was warm resistence to this purchase by former Selectman William C. Snowden. The essence of Snowden's argument was the marsh and swamp couldn't be built upon, and therefore there was no need to purchase it. He said the town turned down the Hart Farm proposal in 1970 (the price then was $75,000 for the marsh, and improved upland along the road) because "the people didn't want to pay for non-buildable land." Snowden moved that the Hart Farm purchase be excluded from the article. Again Kelley responded. He said the Hart Farm proposal was rejected in 1970 because it included commercially zoned upland with buildings "which the voters didn't think appropriate as conservation land." He said wetlands regulations were "not conclusive" when it came to marginal lands, and this parcel included two "upland islands of several acres". Snowden wanted to continue the debate. It was not "significant" conservation land and the money could be better spent elsewhere. But people were beginning to grumble, and suddenly Dr. Bickford appeared at the mike decked out as a colonial dandy, and moved the question. The voters easily authorized purchase of Hart Farm marsh and Cole's Pond area. In the course of debate Kelley and Gardner revealed how little progress had been made in achieving the 1967 conservation mandate. Said Gardner, 100 acres plus gifts have been acquired at a net cost of $32,500, mostly at ChaDin dunes. Said Kelley, "In seven years we have now accomplished 15 percent of the task voted in 1967." George Marceline raised the question of whether Dennis wants more scallops or bigger and better scallops. His article was to direct the Selectmen to open scallop season Oct. 1, as in the old days, instead of Nov. 1. When there's an early freeze, he said, "scallops will die and fall right out of the shell." Town Counsel O'Neil said authority lay with the director of marine fisheries rather than town meeting, but nevertheless Shellfish Warden Wes Eaton defended Nov.

1. He said identical batches of scallops had been analyzed Oct. 1 and Nov. 1. Weight and volume gain in 30 days was more than onethird. Marceline's article was shot down. The town voted $1,000 to fix the herring run at Kelley's Pond, and a sum to be reimbursed for shellfish propogation. Beach articles went through after Peter Nyberg questioned the economics of enlarging the parking lot at Howes St. Beach. The town voted $2,000 for a modest expansion and $2,500 to improve parking at South Village Rd. in West Dennis. Approvals came quickly to assume

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liability for DPW incurred damages, commit $5,000 towards a Sesuit Harbor dredging fund, reconstruct a boat ramp at Clipper Ln., Dennis Port, purchase (for $5,600) a 19 ft. boat with 115 hp motor for south side harbormasters, and impose speed limits on Bass River proper and Swan River and Pond. No firearms may fire within 200 ft. of Swan River and Pond, and the mouth of that river will get a $100,000 dredging job with jetties at the mouth to increase the flow of salt water. Another combination job with state and county will reconstruct a groin at Sfea St. Beach in Dennis Port. Dean S. Sears read the library articles which whizzed through, and without a murmer the meeting voted funds for handicapped, Head Start, Mental Health, HELP, and RSVP (Retired Senior Volunteer Program). Three Chamber of Commerce articles were killed because sums had already been voted in the general budget for Dennis Festival Days, band concerts and the information booth. Cape and Islands Home Care, Inc. was funded for its nutrition program, but the town saved $3,000 on a fund for an artist-in-residence in one of the schools. There was some interesting wrangling over the sum to be spent this year on the West Dennis Community Building. The Building Committee originally wanted $40,000., but bowed to FinCom persuasion to postpone restoring the upper floor of the structure. So they Wanted $12,000, of which $7,000 would go for landscaping. But the article's language didn't provide for landscaping. The FinCom therefore recommended only $5,000. David Ellis wasn't happy with the depth of the FinCom cut. He made a motion for $12,000, but had $5,000 forced on him by amendment. Then Atty. Elliott Slade Jr. proposed $6,500 and additional language to ensure an entry and exit and toilet facilities for handicapped, required under state law prohibiting barriers in certain public buildings. This was voted. The town voted $10,000 for work on private ways, abandoned a portion of Highland St., and then proceeded on road takings. But first Richard True initiated a fundamental debate, though a short one. Mr. True said the recently voted town , bylaw imposing a betterment tax was not I yet signed by the attorney general. Nevertheless, it's spirit would be violated if j the town accepted roads at this town ' meeting, even where the costs were only for legal fees. He said the Selectmen should not have entered road taking articles in the warrant. Henry Kelley responded by saying his reading of the public attitude toward the betterment tax was that it was basically to cover cost of capital improvements. None of the roads recommended by the FinCom required sums for improvement. He said road petitions required the town engineer to draw a layout and the Selectmen to hold public hearings, which was done. William Ernest Crowell said the town had already spent several thousand dollars for plans which would be wasted if the roads were defeated. And that's the way the debate ended. In a series of unanimous votes the town accepted 29 roads at the cost of legal fees,, rejected four roads which needed improvements pending approval of the betterment tax bylaw. The meeting ended late Wednesday night, but Dennis was the only town of its size on the Cape to vote on 97 articles in two evening sessions with a half hour out for coffee and cookies. Voters almost slavishly followed the FinCom, which had already persuaded departments out of many requests.

OTHER ACTION

In other action on the first night the voters: Approved appointment of Clarence Bayles of South Dennis as trustee of the Caleb Chase Fund for three years; accepted report of Charles Flinkstrom, chairman of Cpmprehensive Planning Committee; approved $38,850 for salaries of elected town officers, $28,040 for adult vocational programs; voted transfer of $120,000 from surplus revenue to reduce the tax rate, to continue existence of Government Study Committee, to adopt bylaw setting building permit fees, deleted "in April" from Cape Cod Regional Technical High School agreement on appointment of members. Indefinitely postponed purchase of new air compressor and Standby generator but okayed $17,000 for a new utility trash-brush truck for the Fire Dept.;. approved $17,155 for three new police cruisers for Police Dept., $3,500 for vehicle for dog officer, and voted authorization to borrow $152,927 (with reimbursement by state) for construction on Old Bass River Rd. and Setucket Rd.