HomeMy WebLinkAboutBoard of Selectmen Agenda February 23, 2011 Packet_201402061627392677
TOWN OF NANTUCKET
CONSERVATION RESTRICTION AND PRESERVATION RESTRICTION POLICY
Effective date:
Adopted:
I. Purpose
This policy is implemented to ensure that proposed conservation and preservation restrictions are
submitted to the Board of Selectmen for preliminary review and comment to make certain that a
restriction complies with the requirements of Massachusetts General Laws Chapter 184 section
31 and is found to be in the public interest.
II. Policy
Proposed conservation and preservation restrictions must be submitted to the Board of Selectmen
for preliminary review and comment, either before or concurrently with a submission to the state
Division of Conservation Services or Massachusetts Historical Commission.
III. Process
Proponents must submit a copy of a preliminary restriction to the Board of Selectmen requesting
review and comment. Once the Board’s preliminary review is complete, and the state has
reviewed the restriction and it is in its final form, the proponent must then submit the final
document to Town Administration which will forward it to Town Counsel for review (see
checklist for assembly of Town Counsel package). Once Town Counsel has prepared its report
and returned the restriction package to the Board of Selectmen, the restriction will be placed on a
Board of Selectmen agenda for final review and approval.
IV. Fee
Proponents of conservation and preservation restrictions are responsible for prompt payment of
Town Counsel legal review. The proponent will be sent the legal bill to pay through the Town to
Town Counsel. If the Board of Selectmen approves the restriction and once the legal bill has been
paid, the restriction will be processed. If timing is an issue, and payment is in process, exceptions
may be made.
V. Noncompliance
Any conservation and preservation restrictions submitted to the Board of Selectmen at the final
stage, without preliminary review and comment, risk a delay in their approval while the Board of
Selectmen reviews the restriction and possibly offers new input on the restriction.
CONSERVATION AND PRESERVATION RESTRICTIONS
CHECKLIST FOR ASSEMBLY OF TOWN COUNSEL PACKAGE
The following checklist is for use in assembling documents to be presented to
Nantucket Town Counsel for its review of conservation and preservation
restrictions. The proponent of a restriction should assemble all of the required
documents and deliver them to Town Administration, which will transmit them to
Town Counsel.
Care should be taken that the package is complete and accurate, since the Board
of Selectmen requires a 10 day turnaround time for Town Counsel's review. If
materials in the package are incomplete or incorrect, there may not be sufficient
time for Town Counsel to request amendments or additions prior to issuing its
report to the Board of Selectmen, in which event the Board of Selectmen may
delay acting upon the proposed restriction.
1. Original restriction in final form as revised after review by the
appropriate state supervisory authority. The restriction should be
signed and properly acknowledged by the grantor, the grantee, and
any subordinating lien holders. All exhibits, including plans, should be
attached and in final form. The appropriate restriction application forms
submitted to the state regulatory authority must also be provided.
2. Copy of deed to grantor as recorded at the Registry of Deeds, or
Certificate of Title in the case of registered land. If the description in the
restriction differs from that in the deed or Certificate of Title, as the
case may be, a concise explanation should be included.
3. Copy of Assessor’s map showing the property to be restricted.
4. If the restriction satisfies the requirements of a Community
Preservation Committee grant or a permit, a copy of the grant or permit
requirements.
02/16/2011