HomeMy WebLinkAboutBoard of Selectmen Agenda January 12, 2011 Packet_201402061628143929
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS
That DANIEL B. BALLING and SUSAN A. BALLING, trustees of DB REALTY TRUST,
under Declaration of Trust dated November 30th 2007, recorded with the Nantucket County Registry of
Deeds in Book 1116, page 161, of 66 Fairgrounds Road, Nantucket, Massachusetts 02554 (hereinafter
referred to as the Grantor) hereby grant to the County/Town of Nantucket, a Massachusetts
county/municipal corporation with an address of Nantucket Town & County Building, 16 Broad Street,
Nantucket MA 02554, its successors and assigns (hereinafter referred to as the Grantee), a sidewalk
easement along the south side of the Grantor’s property, having an address of 108-110 Pleasant Street,
Nantucket, Nantucket County, Massachusetts, between the southern façade of the building and Pleasant
Street shown as “Proposed Sidewalk Easement 508 ± S.F.” on the sketch plan attached hereto and
recorded herewith entitled “Easement Plan of Land in Nantucket, Mass.,” dated December 29, 2010,
prepared by Island Surveyors, Inc. (the “Sketch Plan”). The Grantee may lay out, construct, use,
maintain, repair, renew and relocate a public sidewalk or public way within said Sidewalk Easement and
may use said Sidewalk Easement for all purposes for which public ways are used in the Town/County of
Nantucket, including without limitation to construct, install, use, maintain, repair and replace water,
sewer, drainage, electric and telecommunications facilities, and appurtenances such as street lights, signs,
plantings, street trees and utility poles, if at any future time two parking spaces are permitted and
constructed within the layout of Pleasant Street abutting locus.
If said herein referred to locations as shown on the Sketch Plan are unsuitable for the purposes of
the Grantee, its successors and assigns, then said locations may be changed to areas mutually satisfactory
to both the Grantor and the Grantee herein; and further, said newly agreed to locations shall be indicated
and shown on a revised sketch plan referred to by proper amendment or amendments hereto. The
Grantor, for itself, its successors and assigns, covenant and agrees with the Grantee, for itself, its
successors and assigns, that this Grant of Easement may not be changed or modified without the written
consent of the Grantee, its successors and assigns, which consent may be withheld by the Grantee in its
sole discretion.
By signing this easement, Daniel B. Balling and Susan A. Balling certify that they are the
Trustees of the Grantor Trust, that the Trust is in full force and effect without an unrecorded amendment
and they have been directed and authorized by all the beneficiaries of the trust to grant the within
easement on the terms and conditions stated herein.
It is further agreed that all necessary appurtenances thereto, shall remain the property of the
Grantee, its successors and assigns.
For Grantor’s Title, see deed dated December 6th, 2007, recorded with the Nantucket County
Registry of Deeds in Book 1116, page 169.
IN WITNESS WHEREOF, Daniel B. Balling and Susan A. Balling have hereunto set their hands
and seals this ______ day of ___________, 2011, as Trustees of DB Realty Trust.
DB REALTY TRUST
________________________________
Daniel B. Balling, Trustee
________________________________
Susan A. Balling, Trustee
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On this ____________day of ____________, 2011, before me, the undersigned notary public, personally
appeared______________________, Trustee of DB Realty Trust, and proved to me through satisfactory
evidence of identification, which was ____________________, to be the person whose name is signed on
the preceding document, and acknowledged to me that he/she signed it voluntarily as said Trustee for its
stated purpose.
______________________
Notary Public
My commission expires:
415941v.2/NTKT/0082
ACCEPTANCE
On this ______ day of ________________, 2011, the Town of Nantucket, acting by and through
its Board of Selectmen pursuant to Section 3.3 of its Charter (the Code of Nantucket A-302 Article I,
being Chapter 289 of the Acts of 1996), hereby accepts the foregoing Sidewalk Easement from DANIEL
B. BALLING and SUSAN A. BALLING, trustees of DB REALTY TRUST.
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
_______________________________
Patricia Roggeveen
_______________________________
Whiting Willauer
_______________________________
Brian J. Chadwick
_______________________________
Rick Atherton
_______________________________
Michael Kopko
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this _______ day of __________________, 2011, before me, the undersigned Notary Public,
personally appeared Patricia Roggeveen, Whiting Willauer, Brian Chadwick, Rick Atherton, and Michael
Kopko, Selectmen of the Town of Nantucket, as aforesaid, who proved to me through satisfactory
evidence of identification, which was personal knowledge, to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated
purpose on behalf of the Town of Nantucket.
________________________________
(Official Signature and Seal of Notary)
ACCEPTANCE
On this ______ day of ________________, 2011, the County of Nantucket, acting by and
through its County Commissioners pursuant to Section 1.3 (c) of its Charter (the Code of Nantucket A-
302 Article II, being Chapter 290 of the Acts of 1996), hereby accepts the foregoing Sidewalk Easement
from DANIEL B. BALLING and SUSAN A. BALLING, trustees of DB REALTY TRUST.
COUNTY OF NANTUCKET
BY ITS COUNTY COMMISSIONERS
_______________________________
Brian J. Chadwick
_______________________________
Rick Atherton
_______________________________
Patricia Roggeveen
_______________________________
Whiting Willauer
_______________________________
Michael Kopko
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this _______ day of __________________, 2011, before me, the undersigned Notary Public,
personally appeared Brian Chadwick, Rick Atherton, Patricia Roggeveen, Whiting Willauer, and Michael
Kopko, Commissioner of the County of Nantucket, as aforesaid, who proved to me through satisfactory
evidence of identification, which was personal knowledge, to be the person whose name is signed on the
preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated
purpose on behalf of the County of Nantucket.
________________________________
(Official Signature and Seal of Notary)
2010-2011 Board of Selectmen Goals and Objectives Adopted 6/2/10 Amended 11/3/10 1 Mission Statement: The mission of the Board is to serve the community by providing clear, concise goals and policies that ensure quality in the delivery of town services, long-term planning, and improved efficiencies in operating town government. GOAL CATEGORY OBJECTIVE TASKS/OUTCOME Budget Efficiencies/ Improvements (for multiple year planning) - Agree to process timeline for budget earlier - Create/update uniform, user-friendly budget presentation and summary sheets - Develop comprehensive override policy - Implement program budgeting: Police & DPW for FY 12 Capital Planning and Infrastructure - Create a debt service forecast with various scenarios - Correlate operating costs associated with capital projects - Work toward lowering borrowing costs Cost Containment - Conduct wage survey and staffing review - Manage legal costs Fiscal Planning Financial Mgt Improvements - Continue implementing recommendations of Abrahams report Communication and Transparency - Implement PEG channel Operational Streamlining - Develop long-term plan for Our Island Home operations - Evaluate Town’s provision/coordination of human services Energy Initiatives - Work toward construction of Madaket wind turbine - Continue to explore offshore energy resources - Participate in Smart Energy Initiative/Green Communities Program - Adopt Climate Protection Action Plan Quality of Life Water Quality Mgt - Develop water quality strategic plan Housing - Review funding mechanisms for housing initiatives Infrastructure Improvements - Adopt Sewer Plan (rates, funding options, 5-10 year strategic plan) - Develop solid waste funding plan - Develop options for downtown parking system including but not limited to “paid” - Negotiate acquisition of Madaket land from GSA BOS/Administration Government Efficiencies - Evaluate Town IT services - Evaluate potential for collaborative or combined services - Develop centralized fleet maintenance implementation funding plan
PRELIMINARY Outline for 2011 Annual Town Meeting Warrant
For 01/05/11 BOS review
(updated from 12/08/10 BOS meeting)
NOTE: Numbering & Order is NOT FINAL
Annual Articles
1. Receipt of Reports
2. Appropriation: Unpaid Bills
3. Appropriation: Prior Year Articles
4. Revolving Accounts: Annual Authorization
5. Appropriation: Reserve Fund
6. FY 2011 Budget Transfers
7. Personnel Compensation Plans for FY 2012
8. Appropriation: FY 2012 General Fund Operating Budget
9. Appropriation: Health & Human Services
10. Appropriation: General Fund Capital Expenditures
11. Appropriation: Enterprise Funds Operations
12. Appropriation: Enterprise Funds Capital Expenditures
13. FY 2011 Enterprise Funds Budget Transfers
14. Appropriation: Waterways Improvement Fund
15. Appropriation: Ferry Embarkation Fee
16. Appropriation: Ambulance Reserve Fund (new)
17. Appropriation: County Assessment
18. Appropriation: Finalizing FY 2012 County Budget
19. Rescind Unused Borrowing Authority
20. Appropriation: CBA/Our Island Home
21. Appropriation: CBA/DPW
22. Appropriation: CBA/Fire
23. Appropriation: CBA/Police x 2
24. Appropriation: CBA/Airport
25. Appropriation: CBA/Wannacomet Water
Other Selectmen Sponsored Articles
NOTE: most of these were reviewed/discussed by BOS at 10/20/10 meeting; items noted with a *
are new since then
APPROPRIATION or FINANCE RELATED
1. Acquisition of FAA land from GSA (negotiated purchase)?
2. Appropriation for Construction of Wind Turbine at Landfill (debt exclusion override)
3. Authorization for Borrowing for Septic System Loan Fund (Article attached; been
reviewed by Town Counsel & Bond Counsel)
4. Amend Article 19 of 2010 ATM (attached & see attached email from Connie)*
5. Appropriation for Road Maintenance (capital or operating override) AND/OR for
Improvements to Boulevarde-area Roads
NOTE: Capital Program Committee has been made aware of the Board’s preliminary
proposal for either or both of these, but has not reviewed the specifics
6. Appropriation for Police Station Renovation (debt exclusion or capital override)
BYLAW AMENDMENTS
1. Amend Capital Program Committee bylaw?
NOTE: LG prepared attached draft; Capital Program Comm not provided comments
yet? DRAFT ARTICLE ATTACHED
2. Amend Finance Committee bylaw?
NOTE: BOS had some discussion over the summer about possible changes to this bylaw
(attached) to clarify what constitutes a conflict in terms of who can/cannot serve and a
resignation protocol if a member’s status changes after they have been appointed?
3. Amend Council for Human Services bylaw?
NOTE: BOS submitted an article in the 2010 ATM warrant, with a motion (attached);
prior to ATM, the motion was rescinded; with the consolidation plan for the CHS dept for
FY 12, this article should be revisited (current bylaw also attached) – DRAFT ARTICLE
ATTACHED
4. Amend Community Preservation Committee bylaw*
NOTE: amendment (attached) discussed by BOS at 11/3/10 meeting
5. Adoption of “Stretch Code” (Green Communities requirement) ?? (NOT WRITTEN)
NOTE; if we are going to proceed with this a lot of outreach and research needs to be
done, now; may not have time for 2011)
6. Amendment to Chapter 41 (Board of Sewer Commissioners) – add a new section (see
attached; current bylaw also attached, not yet updated from 2010 ATM)
7. New bylaw (?) pertaining to requiring anyone developing property in erosion prone areas
to sign a waiver of any and all Town responsibility*
NOTE: this might require a HRP; this has not been reviewed by Town Counsel recently
8. Amend Chapter 58 (Car Rental Agencies) to exempt certain # of electric vehicles from
cap (Andrew)*
9. Placeholder for sewer fee waiver options for affordable housing (per BOS 12/1/10) –
ARTICLE ATTACHED
HOME RULE PETITIONS
1. HRP for Health Insurance Plan Design
2. Fertilizer Use HRP – presentation by Article 68 Work Group on 12/8
Resubmittal of Pending HRPs?
3. Land Bank Real Estate Conveyance (Article 59 of 2010 ATM – attached)
4. Harbor & Shellfish Advisory Board Conflict of Interest (Article 62 of 2010 ATM –
attached)
5. Ocean Management Planning Process (Article 63 of 2010 ATM – attached)
6. Expansion of Room Occupancy Tax to Seasonal Vacation Rentals (Article 66 of 2010
ATM – attached)
NOTE: This article was defeated at the 2010 ATM; if we are going to resubmit it, we
need to work on an outreach and education plan; also talk with other towns – who is
going to head this up?
7. Conveyance of Land from County to Town (Article 67 of 2010 ATM – attached)
8. Nantucket Sewer Act Amendment (Article 69 of 2010 ATM – attached)
9. Establishment of Cemetery Commission (Article 70 of 2010 ATM – attached)
NOTE: Town Clerk says she expects enactment by early 2011
MGL ACCEPTANCES
1. Accept Chapter 26 of Acts of 2010 (Collection of Unpaid Municipal Fines) (see attached
from Town Counsel)
NOTE: This needs further review to determine the resource and other requirements;
might be something for 2012 ATM
2. Accept MGL c. 59, s. 57C to establish quarterly tax payments (see email from Connie)*
REAL ESTATE RELATED
1. Authorization to Sell Mooney Bldg
2. Long-term Lease Authorizations for Solar Projects (Airport, Wannacomet, Surfside
WWTF, schools?)
3. Acquisition/Conveyance of Paper Streets/Surfside (see attached email from Andrew)
4. Acquisition/Conveyance of various misc parcels/paper roads (Andrew)
5. Grant of Easement to NCF, Old South Rd (Andrew)
6. Authorization for BOS to convey balance of Industrial Park land
7. Article to Acquire Anne’s Lane
ZONING
1. As-of-Right Siting (Green Communities requirement) ??
2. Allow for Wind Turbine at Landfill
3. Vegetation Removal on Undeveloped Lots (previously proposed by ACNVT & referred
to Planning Board)*
4. Map Change/Old South Road
5. Map Change/Polpis Road
6. Map Change/Surfside
7. Technical Corrections/Secondary Lots
8. Technical Correction - ?
9. Map Change/Fairgrounds Rd
10. Map Change/Bartlett Farm Road, Hummock Pond
11. Swimming Pool Prohibition in ROH, SOH*
12. Reis Industrial Park area (per AV at 12/1/10 BOS)
OTHER
1. Amendments to Affordable Housing Trust (Andrew)*
2. Sewer Rate Mitigation Options (separate workshop per BOS 12/01/10)
CITIZEN ARTICLES
(all submittals attached)
1. Establish Position of Municipal Grant Writer/Stover
2. Reimbursement of Town Legal Costs/Stover
3. Community Preservation Committee FY 2012 Budget Transfers/Beaugrand
4. Community Preservation Committee FY 2012 Appropriations/Beaugrand
5. Zoning – Bartlett Road Map Change/Walsh
6. Zoning – Private Club Restrictions in Madaket & Appleton Rd/Johnson
7. Zoning – Wauwinet, Squam Map Change/McKechnie
8. Real Estate – Acquisition of 50 Union St/Sarkisian
9. Real Estate – Dreamland Theatre Easement/Liddle
10. Zoning – Swift Rock Rd/Bamber
11. Appropriation of $3,400,000 for Tom Nevers Bike Lane/Bartlett
12. Sewer District Map Change – Cato Ln/Canty
13. Zoning – Lot Area Amendment/Collier
14. Sewer District Map Change – Brewster Rd/Nicholson**
15. Appropriation of $100,0000 for Mosquito Control/Stott
16. Zoning – Regulation of Parking Structures/Sanders
17. Sewer District Map Change – Hummock Pond Rd/McGowan**
18. Appropriation – William J. Higgins Military Pay/Wilson
19. Appropriation - Non-Aviation Airport Revenue for Non-Airport Purposes/Williams
20. Layout and Extend Miller Way/Bunting
21. Enact Chapter 12 of Town Code – Council for Human Services - as Amended /Wawro
22. Zoning Map Change – Howard Street, Gardner Street, Main Street/Hanley
23. Real Estate Conveyance – Hulbert Avenue Extension/Lamb
24. Zoning Map Change – First Way, Backus Lane, Allen’s Way, Third Way, Fourth Way,
Fifth Way/Valero
25. Authorization for Selectmen to Call a Meeting of the Proprietors of the Common and
Undivided Land of the Islands of Nantucket/Stover
26. Home Rule Petition – Historic District Commission/Dutra
27. Appropriation – Sewer Enterprise Fund/Soverino
28. Real Estate Acquisition – 77 Washington Street/Soverino
29. Real Estate Disposition – 144 Surfside Road
30. Appropriation Amendment – Article 10 of 2001 Annual Town Meeting – Boulevarde,
Lovers Lane, Okorwaw Avenue, Monohansett Road/Magee
31. Real Estate Acquisition, Layout, Appropriation - Boulevarde, Lovers Lane, Okorwaw
Avenue, Monohansett Road/Magee
32. Bylaw Amendment – Chapter 67 – Management of Coastal Properties Owned by
Town/Reade
**need to schedule BOS public hearing in Jan; complete criteria checklist