HomeMy WebLinkAbout2017 BOS warrant FINAL
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
WARRANT FOR
2017 ANNUAL TOWN MEETING
Nantucket High School
Mary P. Walker Auditorium
Saturday, April 1, 2017 – 9:00 AM
AND
ANNUAL TOWN ELECTION
Nantucket High School
Tuesday, April 11, 2017
7:00 AM – 8:00 PM
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
(508) 228-7255
www.nantucket-ma.gov
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
To the Constables of the Town of Nantucket:
GREETING: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the
inhabitants of the Town of Nantucket qualified to vote in Town affairs, to meet and assemble themselves at the Nantucket High School Auditorium at 10 Surfside Road in said Nantucket, on
SATURDAY, APRIL 1, 2017 AT 9:00 AM, THEN AND THERE TO ACT ON THE ARTICLES
CONTAINED WITH THE ENCLOSED WARRANT:
SENSE OF THE MEETING REQUEST
REGARDING SMALL MESH FISHING GEAR CLOSURE In the continuing efforts to be excellent stewards of the waters and fisheries
around Nantucket Island the citizens of Nantucket are requesting improved management of our waters for present and future generations. Protection of spawning
squid and squid mops, river herring, and sea herring are critical components to
managing these resources. To that end Nantucket is requesting equivalent protection to the other 90% of Massachusetts coastal communities as shown on the attached map.
This map shows 70 coastal communities in Massachusetts, 63 of which have a great level of habitat and fisheries protection. Nantucket has not been afforded such
protection to date. The citizens of Nantucket are all taxpayers in the Commonwealth of Massachusetts like the other coastal communities on the attached map and should be afforded the same protection as the majority of the Commonwealth’s coastal
communities.
The citizens of Nantucket are requesting a mobile gear closure (bottom and midwater draggers and hydraulic and regular clam dredges) with no waivers, letters of
authorization or other means of waving the closure. This area would extend out to 3
miles from the Nantucket archipelago including Nantucket ,Tuckernuck and Muskeget from May 1 thru October 31.
(Board of Selectmen)
ARTICLE 1 (Receipt of Reports)
To receive the reports of various departments and committees as printed in the Fiscal Year 2016 Annual Town Report or as may come before this meeting; or to take
any other action related thereto.
(Board of Selectmen)
ARTICLE 2
(Appropriation: Unpaid Bills) To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute or transfer from available funds for the payment,
pursuant to Chapter 44 section 64 of the Massachusetts General Laws, of unpaid bills
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
from previous fiscal years, including any bills now on overdraft; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 3
(Appropriation: Prior Year Articles)
To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years; or to take any
other action related thereto.
(Board of Selectmen)
ARTICLE 4
(Appropriation: Reserve Fund) To see what sum the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund pursuant to Chapter 40 section 6 of the Massachusetts
General Laws, to provide for the extraordinary and unforeseen expenditures which may
arise during Fiscal Year 2018; said sum not to exceed five (5) percent of the Fiscal Year 2017 tax levy; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 5
(Rescind Unused Borrowing Authority)
To see what action the Town will take to amend, appropriate or reappropriate, transfer, modify, repeal or rescind unused borrowing authority authorized by previous
town meetings.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 6
(Fiscal Year 2017 General Fund Budget Transfers)
To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2017 General Fund operating budget from other line items of said budget
and from other available funds; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 7
(Personnel Compensation Plans for Fiscal Year 2018) To see if the Town will vote to adopt the following Compensation Plans for Fiscal
Year 2018:
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00
Americans with Disabilities Act Facilitator (hourly) 15.00
Building, Plumbing, Wiring Inspector, Assistants (hourly) Up to 50.00
Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00
Dietician/Our Island Home (hourly) 39.00
Election Warden (hourly) 20.00
Election Worker (hourly) 15.00
EMT, Call (hourly) 15.00
Fire Captain, Call (yearly) 150.00
Fire Fighter, Call (hourly) 15.00
Fire Lieutenant, Call (yearly) 125.00
Fire Chief, Second Deputy (yearly) 5,000.00
Fire Chief, Third Deputy (yearly) 5,000.00
Licensed Practical Nurse/Our Island Home (Per Diem – hourly) 25.00
Registered Nurse/Our Island Home (Per Diem – hourly) 35.00
Registrar of Voters (yearly) 600.00
Registrar, Temporary Assistant (hourly) 15.00
Seasonal Assistant Harbormaster (hourly) 30.00
Seasonal Maintenance Supervisor/Public Works (hourly) 21.00
Seasonal Health Inspector 30.00
Temporary Employee various rates of pay
Veterans' Agent (hourly) 16.00
Schedule B – Seasonal Employee Compensation Schedule
(Spring, Summer, Fall, Winter/Effective April 2, 2017 – April 1, 2018)
Compensation
Level
Start Second
Season
Third
Season
Fourth
Season
A-Hourly* $15.50 $16.50 $17.50 $18.50
B-Hourly* $16.50 $17.50 $18.50 $19.50
C-Hourly* $17.50 $18.50 $19.50 $20.50
D-Hourly* $19.50 $20.00 $20.50 $21.00
*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Information Aide, Seasonal Health Assistant, Shellfish Warden, Seasonal
Natural Resources Enforcement Officer B: Dock Worker, Natural Resources Technician, Seasonal Permit Sales Clerk
C: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal Laborer
D: Lead Lifeguard, Lead Dock Worker, Seasonal Recreational Coordinator,
Reserve Police Officer, Seasonal Engineering Intern
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Schedule C -- Compensation Schedule for Elected Officials* Moderator $175 per year
Selectman, Chair $5,000/per year
Selectmen $3,500/per year
Town Clerk $99,138
*Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are
excluded from the Personnel Bylaw of the Town.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 8
(Appropriation: Fiscal Year 2018 General Fund Operating Budget) To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds, for the purposes of supporting the offices, departments, boards and commissions of the Town of Nantucket
for Fiscal Year 2018; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 9
(Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds, for the Council for
Human Services to be used by the Council to contract with various health and human services, not-for-profit corporations to provide for the health, safety and welfare of the
inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that grant agreements be executed by and between the Board of Selectmen
and the respective private, not-for-profit agency for Fiscal Year 2018, which grant
agreements shall stipulate mutually agreed upon terms and conditions; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 10
(Appropriation: General Fund Capital Expenditures)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of
capital expenditures for the offices, departments, boards and commissions of the Town of Nantucket; or to take any other action related thereto.
(Board of Selectmen)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 11 (Appropriation: Fiscal Year 2018 Enterprise Funds Operations)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the operation of
the Enterprise Funds of the Town of Nantucket for Fiscal Year 2018, out of anticipated revenues of the designated funds, for the purposes set forth above; or to take any other
action related thereto.
(Board of Selectmen for the Various Departments Indicated)
ARTICLE 12
(Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds, for the purposes of
capital expenditures for the Enterprise Funds of the Town of Nantucket; or to take any other action related thereto.
(Board of Selectmen for the Various Departments Indicated)
ARTICLE 13 (Enterprise Funds: Fiscal Year 2017 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of Fiscal Year 2017 Enterprise Fund operating budgets from other line items of said budgets
and/or from Enterprise Surplus Reserve Funds; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 14 (Appropriation: New Facility for Our Island Home)
To see what sum the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute or transfer from available funds, to be spent by the Town Manager with the approval of the Board of Selectmen, for the purpose of
constructing a new facility for Our Island Home to be located at 44 and 48 Miacomet Road, and a portion of the abutting parcel located at 21 South Shore Road presently
owned by the Town and leased to the Residences at Sherburne Commons, Inc.,
including the costs of professional services for design, permitting, engineering, construction supervision, materials, and other related professional services, and any
other costs incidental and related thereto; provided, however, that any borrowing authorized hereunder shall be contingent on the passage of a Proposition 2 and ½ debt
exclusion vote; or to take any other action related thereto.
(Board of Selectmen)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 15 (Appropriation: Real Property Acquisition)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portion of a
parcel of land located at 44 and 48 Miacomet Road, consisting of 2.6 acres, more or less, as described in deeds recorded with the Nantucket Registry of Deeds in Book 314,
Page 141 and Book 503, Page 106, to be acquired and held by the Board of Selectmen
for general municipal purposes, housing and/or the purpose of a nursing home and residential facility and other ancillary purposes; and further to see what sums the Town
will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, to be spent by the Town Manager with the approval of the
Board of Selectmen, to acquire said parcels and any other costs incidental and related thereto; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 16
(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer
Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket by adding the following properties to the Town Sewer District.
Map Lot Number Street
80 1.3 44 Miacomet Road
80 1.2 48 Miacomet Road
All as shown on maps entitled “2017 Annual Town Meeting Warrant Article 16 Sewer District Map Changes” dated January, 2017 and filed herewith at the Office of the
Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen/Sewer Commissioners)
ARTICLE 17
(Zoning Bylaw and Zoning Map Change: Sherburne Commons)
To see if the Town will vote to take the following actions:
1. Amend the Zoning Map of the Town of Nantucket as follows: a. Placing the following properties currently located in the Assisted Living
Facility (ALC) district in the Residential 40 (R-40) district:
Map Lot Number Street
80 1 (portion of) 143 Sherburne Commons Lane
b. Placing the following properties currently located in the Assisted Living
Facility (ALC) district in the Commercial Neighborhood (CN) district:
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Map Lot Number Street
80 1 (portion of) 143 Sherburne Commons Lane
c. Placing the following properties currently located in the Limited Use
General 2 (LUG-2) district in the Residential (R-40) district:
Map Lot Number Street
80 1.2 48 Miacomet Road
80 1.3 44 Miacomet Road
2. To amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is
shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering
of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
a. Amend section 2A as follows:
ELDER HOUSING FACILITIES One or more structures used for independent living, assisted living, skilled
nursing care, hospice care, and other long-term residential care for persons 55 or older or the disabled. Such structures may be detached dwelling units, attached
dwelling units, integrated dwelling units, and/or multiple-bedroom long-term care
facilities, as well as associated and ancillary facilities and services. Elder housing facilities shall not be subject to §139-7B(1).
b. Amend section 3E by deleting “Assisted/Independent Living Community
ALC”.
c. Amend section 4E by placing the following properties currently located in
the Country Overlay District (COD) in the Town Overlay District (TOD) district:
Map Lot Number Street
80 1.2 48 Miacomet Road
80 1.3 44 Miacomet Road
d. Amend section 14 as follows:
§ 139-14 Special Districts: Our Island Home (OIH), and Assisted/Independent Living
Community District (ALC).
A. Permitted uses in all districts:
(1) Apartments for occupants age 55 or older or disabled.
(2) Elder housing facility (nursing home);
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
(3) Services and facilities for the benefit of the elderly, long-term care residents, disabled persons, and/or others for whom social-welfare
programs may be provided.
B. (Reserved)
C. The following additional uses are permitted in the ALC District through the
isuance of a special permit by the Planning Board: (1) Elder housing facility.
(2) Employee housing; (3) Affordable housing.
D. Additional requirements of the ALC District.
(1) Open area free from impervious surfaces: at least 20% as defined in
§ 139-16E; (2) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from
street lines (except as necessary for entrance drives and utilities); (3) Maximum number of units (excluding employee housing and affordable
housing): 75 dwelling units;
(4) The requirement for off-street parking and loading facilities shall be established by the Planning Board.
(5) The requirements of this § 139-14D may be waived through the issuance of special permit by the Planning Board based upon a finding that the
requested relief is not substantially more detrimental to the neighborhood than the existing conditions.
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 17
Sherburne Commons” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 18 (Appropriation: Sewer Project/Additional Nantucket Harbor Shimmo Parcels
and Plus Infill Parcels in Town Sewer District) To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute or transfer from available funds, to be spent by the
Town Manager with the approval of the Board of Selectmen, to pay costs of professional services for design, permitting, engineering, construction supervision, and
other related professional services, for the construction, installation and equipping of the extension of municipal sewer lines and associated infrastructure for needs areas
established in the Comprehensive Wastewater Management Plan Update adopted
June 3, 2015 and described as #2 Drew Lane, #4 Drew Lane, #11 Gardner Road, and #7 Shawkemo Road in the planned “Nantucket Harbor Shimmo” (formerly titled
“Monomoy”) sewer extension and for #6 Marsh Hawk Lane and #8 Marsh Hawk Lane in
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
the planned “Plus Parcels – Infill in Town Sewer District” sewer extension including all
payment of all costs incidental and related thereto, and acquisition of any interests in
land as may be necessary or appropriate; and further to authorize said Board of Selectmen to acquire any such interests in land by purchase, gift, and/or eminent
domain; and to authorize the Board of Selectmen acting as the Board of Sewer Commissioners to assess all or a portion of the project costs as betterments; or to take
any other action related thereto.
(Board of Selectmen/Sewer Commissioners)
ARTICLE 19
(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes)
To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of
Nantucket by adding the following parcels located adjacent to or within the “Nantucket
Harbor/Shimmo” and “Plus Parcels – Infill in Town Sewer District” sewer needs areas designated within the Comprehensive Wastewater Management Plan adopted June 3,
2015 to the Town Sewer District:
Nantucket Harbor/Shimmo Needs Areas
Map Lot Number Street
43 209 2 Drew Lane
44 23.1 4
Drew Lane
43 6 11 Gardner Road
43 5 7 Shawkemo Road
Plus Parcels – Infill in Town Sewer District
(The parcels identified below are the remaining properties needed to complete the inclusion of this Needs Area within the Town Sewer District)
Map Lot Number Street
56 396 6 Marsh Hawk Lane
56 395 8 Marsh Hawk Lane
All as shown on maps entitled “2017 Annual Town Meeting Warrant Article 19 Sewer District Map Changes” dated January, 2017 and filed herewith at the Office of the
Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen/Sewer Commissioners)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 20 (Appropriation: Waterways Improvement Fund)
To see what sum the Town will vote to appropriate from the revenue received under Chapter 60B subsection (i) of section 2 and under Chapter 91section 10A of the
Massachusetts General Laws and sums received from the Commonwealth or Federal Government for purposes established by Chapter 40 section 5G of the Massachusetts
General Laws including but not limited to (1) maintenance , dredging, cleaning and
improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law
enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 21 (Appropriation: Ambulance Reserve Fund)
To see what sum the Town will vote to appropriate from the Ambulance Reserve
Fund for the purchase of ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and
refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the
Town’s ambulance services, including up to six (6) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town
Manager; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 22
(Appropriation: County Assessment)
To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to pay the County of Nantucket
such assessment as is required for Fiscal Year 2018, and to authorize the expenditure of these funds for County purposes, all in accordance with the Massachusetts General
Laws and in accordance with the County Charter (Chapter 290 of the Acts of 1996), the
sum of One Hundred Seventy Thousand Two Hundred One Dollars ($170,201); or to take any other action related thereto.
Or to take any other action related thereto.
(Board of Selectmen/County Commissioners)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 23 (Appropriation: Finalizing Fiscal Year 2018 County Budget)
To see if the Town will vote to overturn any denial of approval by the Nantucket County Review Committee, of any item of the County budget for Fiscal Year 2018 by
appropriating a sum of money for such County budget and authorizing the expenditure of estimated County revenues, County reserve funds, County deed excise fees or other
available County funds including the Town assessment for County purposes; further, to
see if the Town will vote to overturn any denial by the Nantucket County Review Committee of the establishment of a County Reserve Fund, from which transfers may be
made to meet extraordinary or unforeseen expenditures with the approval of the County Commissioners acting as the County Advisory Board Executive Committee within the
meaning of Chapter 35 section 32 of the Massachusetts General Laws; or to take any other action related thereto.
(Board of Selectmen/County Commissioners)
ARTICLE 24 (Designation of Use of Bond Proceeds)
To see if the Town will vote to supplement each prior vote of the Town that
authorizes the borrowing of money to pay costs of capital projects to provide that, in accordance with Chapter 44, Section 20 of the General Laws, the premium received by
the Town upon the sale of any bonds or notes thereunder, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied
to pay project costs and the amount authorized to be borrowed for each such project shall be reduced by the amount of any such premium so applied; or to take any action
relative thereto.
(Board of Selectmen)
ARTICLE 25
(Appropriation: Ferry Embarkation Fee)
To see what sum the Town will vote to appropriate from the proceeds of the ferry embarkation fee established by Chapter 46, section 129 of the Acts of 2003 as
amended, for the purposes of mitigating the impacts of ferry service on the Town and County of Nantucket, including but not limited to provision of harbor services, public
safety protection, emergency services, infrastructure improvements within and around
Nantucket Harbor, and professional services pertaining to the potential use or reuse of land, buildings and infrastructure in the vicinity of Nantucket Harbor, and any other
purpose allowed by applicable law.
Or to take any other action related thereto.
(Board of Selectmen)
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ARTICLE 26 (Appropriation: Affordable Housing Trust Fund)
To see if the Town will vote to appropriate the sum of $500,000 from Free Cash, to deposit into the Affordable Housing Trust Fund established pursuant to Mass.
General Law c. 44, section 55C for Fiscal Year 2018.
Or, to take any other action related thereto.
(Board of Selectmen)
ARTICLE 27
(Appropriation: Other Post-Employment Benefits Trust Fund) To see what sum the Town will vote to appropriate and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds, to deposit into the
Other Post-Employment Benefits Liability Trust Fund established pursuant to Mass. General Law chapter 32B, section 20, for Fiscal Year 2018.
Or, to take any other action related thereto.
(Board of Selectmen)
ARTICLE 28 (Establishment of and Appropriation for Stabilization Fund for Airport)
To see if the Town will vote to accept the provisions of M.G.L. Chapter 40, Section 5B, Paragraph 2, for the purpose of creating a special purpose stabilization fund
for the benefit of the Nantucket Airport, such fund to be used for the future payment of
accrued liabilities for compensated absences due any employee upon termination of the employee’s full-time employment; and further, to see what sums the Town will vote to
appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds to be placed in said special purpose stabilization fund; or take any
action relative thereto.
(Board of Selectmen for Airport Commission)
ARTICLE 29
(Appropriation: Collective Bargaining Agreement/Laborer’s Union)
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for
Fiscal Year 2018 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Laborer’s union employees (represented
by the Massachusetts Laborer’s District Council Nantucket Public Employees’ Local Union, the Laborer’s International Union of North America, Local 1060) in accordance
with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s
classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
(Board of Selectmen)
ARTICLE 30 (Appropriation: Collective Bargaining Agreement/Fire)
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for
Fiscal Year 2018 in a collective bargaining contract between the Town of Nantucket
(represented by the Board of Selectmen) and the Fire Department union employees (represented by the Nantucket Professional Firefighters Local 2509) in accordance with
Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 31 (Appropriation: Collective Bargaining Agreement/Airport Union)
To see if the Town will vote to raise and appropriate, transfer from available funds
or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2018 in a collective bargaining contract between the Town of Nantucket
(represented by the Airport Commission) and Airport union employees (represented by the Massachusetts Laborer’s District Council of the Nantucket Memorial Airport
Employees of the Laborer’s International Union of North America, Local 1060) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the
Town’s classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen for Airport Commission)
ARTICLE 32 (Appropriation: Collective Bargaining Agreement/Our Island Home)
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for
Fiscal Year 2018 in collective bargaining contracts between the Town of Nantucket
(represented by the Board of Selectmen) and Our Island Home union employees (represented by the Service Employees Union International, Local 1199) in accordance
with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 33 (Appropriation: Collective Bargaining Agreement/Public Works)
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for
Fiscal Year 2018 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Public Works union employees
(represented by the American Federation of State, County and Municipal Employees
(AFSCME) Council 93, Local 2346) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and
compensation plan accordingly to reflect such contract.
Or to take any other action related thereto. (Board of Selectmen)
ARTICLE 34
(Appropriation: Collective Bargaining Agreement/Police) To see if the Town will vote to raise and appropriate, transfer from available funds
or borrow pursuant to any applicable statute, a sum of money to fund the cost items for
Fiscal Year 2018 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Police Department union employees
(represented by the Massachusetts Coalition of Police, Locals 330 and 330a, International Association of Police Associations (IAPA), and American Federation of
Labor – Congress of Industrial Organizations (AFL-CIO)) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and
compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 35 (Appropriation: Collective Bargaining Agreement/Wannacomet Water)
To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for
Fiscal Year 2018 in a collective bargaining contract between the Town of Nantucket
(represented by the Nantucket Water Commission) and Wannacomet Water union employees (represented by the Utility Workers of America, American Federation of
Labor – Congress of Industrial Organizations (AFL-CIO), Local Union 359) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s
classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen for Nantucket Water Commission)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 36
(Surplus Equipment Disposition: Airport Fuel Truck) To see if the Town will vote to authorize the Nantucket Memorial Airport
Commission to dispose of by sale, a 2006 Isuzu Refueler, valued between $25,000 and $35,000, pursuant to M.G.L., c. 30B, and guidelines established under Chapter 38-2
(Obsolete Town Equipment – Disposition) of the Code of the Town of Nantucket.
Or to take any other action related thereto.
(Board of Selectmen for Airport Commission)
ARTICLE 37
(Appropriation: FY 2018 Community Preservation Committee)
To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2018 Community Preservation Budget and to appropriate
or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the
Community Preservation Committee, the undertaking of Community Preservation
Projects and all other necessary and proper expenses for the year.
Purpose Amount
Historic Preservation
Nantucket Historical Association First phase of digitizing the Nantucket Whaling logbooks and
Journals
$40,000
Museum of African American History Fifth phase of restoration; interior carpentry, painting and
floor finishes and exterior painting of Boston Higginbotham
House, restoration of garage and restoration of driveway and accessible paths.
$225,735
St. Paul’s Church
Restoration of Bell Tower
$100,000
Nantucket Preservation Trust in collaboration with Preservation Institute Nantucket
Completion of database and properties summary for
Nantucket interiors inventory
$23,600
American Legion Post 82 Second phase of conservation and restoration of exterior
brick walls on east and north facades
$93,000
Nantucket Atheneum
First phase, conservation of four historic paintings
$17,500
Nantucket Island School of Design & the Arts Preservation and restoration of two silos and stabilization of
long barn
$132,856
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
St Mary, Our Lady of the Isle
Restoration of exterior doorways and entryways, exterior painting of all wood trim and foundation and brick repair ,
and detail carpentry
$55,000
Town of Nantucket, Department of Public Works Restoration and erection of the base of the Sconset Flag
Pole
$45,000
Nantucket Town Clerk
Phase one of the restoration and microfilming of the Lewis funeral ledgers and burial records
$50,000
Sub-total $782,691
$55,000 of the funds utilized for this category is from the Reserve for Historic Preservation with the balance of the funds to be used in this category from the
Community Preservation surcharge, interest and the State matching funds.
Community Housing
Nantucket Affordable Housing Trust Fund
Allocation to the fund subject to the fund obtaining approval from the CPC commissioners before the grant funds are
expended on each particular project for affordable housing
$400,000
Nantucket Interfaith Council Housing and rental assistance program $110,000
Habitat for Humanity Nantucket Inc. Construct additional houses at Sachem’s Path and Ticcoma
Way
$200,000
Housing Nantucket Rehabilitation of community housing units created with CPA
funds
$ 94,204
Sachem’s Path Nantucket, LLC
Phase two infrastructure
$250,000
HallKeen Management Restoration of the east and south windows in Academy Hill
Apartment building
$250,600
Town of Nantucket
Funds to pay the interest and principal of the Bond authorized at the 2015 Nantucket Town Meeting for the
balance of the infrastructure at the Sachem’s Path affordable housing complex
$112,000
Sub-total $1,416,600
$8,500 of the funds utilized in this category is from the Reserve for Community Housing with the balance of the funds to be used in this category from the
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Community Preservation surcharge, interest and the State matching funds.
Open Space Conservation/Recreation
Town of Nantucket
Funds to pay the interest and principal of the Bond
authorized at the 2012 Nantucket Town Meeting for the creation of an artificial turf playing field at Nobadeer Farm
Road.
$125,000
Linda Loring Foundation Funds to create a shed and for invasive species removal $16,500
Sustainable Nantucket Community Farm Institute, phase 2
Funds to enclose and prepare and additional 6.5 acres for
farming
$85,400
Preservation Institute Nantucket Document historic Nantucket waterfront, identify vulnerable
areas, streets, properties and resources and time frame of increased flooding and create tools to assist the community
to make informed decisions about protection and adaptation.
$72,105
Sub-total $299,005
$60,000 of the funds utilized in this category is from the Open Space reserves with
the balance of the funds to be used in this category from the Community Preservation surcharge, interest and the State matching funds.
Administrative
Community Preservation Committee Administrative and operating expenses $120,000
Sub-total $120,000
All of the funds to be used in this category are from the Community Preservation surcharge, interest and the State matching funds.
TOTAL $2,618,500
All amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY 2018 Community
Preservation Surcharge
$2,087,000
From State matching funds for FY 2017, to be received in 2018 $ 395,000
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
From Interest $ 13,000
From Designated Reserves for Historic Preservation $ 55,000
From Designated Reserves for Open Space $ 60,000
From Designated Reserves for Community Housing $ 8,500
Total Revenues $ 2,618,500
For fiscal year 2018 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee.
Provided however, that the above expenditures may be conditional on the recording of appropriate historic preservation restrictions for historic resources, open space
restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in
favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws
pursuant to Section 12 of the Community Preservation Act.
(Kenneth Beaugrand, et al)
ARTICLE 38 (Zoning Map Change: RC to ROH – Old North Wharf, Commercial Wharf,
Still Dock, Commercial Street, and Washington Street)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial (RC)
district in the Residential Old Historic (ROH) district:
Map Lot Number Street
42.3.1 19 6 Old North Wharf
42.3.1 82 7 Old North Wharf
42.3.1 20 8 Old North Wharf
42.3.1 22 Old North Wharf
42.3.1 21 10 Old North Wharf
42.3.1 23 10 Old North Wharf
42.3.1 24 11 Old North Wharf
42.3.1 251 12 Old North Wharf
42.3.1 252 14 Old North Wharf
42.3.1 26 15 Old North Wharf
42.3.1 253 16 Old North Wharf
42.3.1 27 17 Old North Wharf
42.3.1 254 18 Old North Wharf
42.3.1 255 10 Old North Wharf
42.3.1 28 21 Old North Wharf
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
42.3.1 256 22 Old North Wharf
42.3.1 225 23 Old North Wharf
42.3.1 257 24 Old North Wharf
42.3.1 262 25 Old North Wharf
42.3.1 258 26 Old North Wharf
42.3.1 261 27 Old North Wharf
42.3.1 259 28 Old North Wharf
42.3.1 225.3 29A Old North Wharf
42.3.1 225.1 29B Old North Wharf
42.3.1 225.2 29C Old North Wharf
42.3.1 260 30 Old North Wharf
42.3.1 83 10 Still Dock
42.3.1 84.5 14 Still Dock
42.3.1 84.1 14B Still Dock
42.3.1 84.2 14C Still Dock
42.3.1 84.3 14D Still Dock
42.3.1 84.4 14E Still Dock
42.3.1 85 18 Still Dock
42.2.4 6 21 Commercial Wharf
42.2.4 5 23 Commercial Wharf
42.2.4 4 25 Commercial Wharf
42.2.4 3 29 Commercial Wharf
42.3.1 38 3 Commercial Street
42.3.1 38 3 Commercial Street
42.2.4 10 13 Commercial Street
42.2.4 9 15 Commercial Street
42.3.2 22 24 Washington Street
42.3.2 23 26 Washington Street
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 38 RC to ROH” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 39 (Zoning Map Change: RC to CDT – Old South
and Straight Wharves and New Whale Street) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial (RC)
district in the Commercial Downtown (CDT) district:
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Map Lot Number Street
42.2.4 2 Old South Wharf
42.2.4 14 11 New Whale Street
42.2.4 12 9 New Whale Street
42.2.4 13 7 New Whale Street
42.3.1 36 New Whale Street
42.2.4 1 Straight Wharf
42.4.4 15 Straight Wharf
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 39 RC to CDT” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 40 (Zoning Bylaw Amendment: Harbor Overlay District)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of the Town of Nantucket):
1. By adding a new subsection 4H as follows:
The Harbor Overlay District (§139-12I) is shown on a map entitled “Harbor Overlay District,” as may be amended from time to time.
2. By amending section 4H by adding the following parcels to the map entitled
“Harbor Overlay District”.
Map Lot Number Street
42.3.1 135 2 Straight Wharf
42.3.1 136 6 Straight Wharf
42.3.1 137 10 Straight Wharf
42.3.1 138 12 Straight Wharf
42.3.1 139 16 Straight Wharf
42.3.1 86 20 Straight Wharf
42.3.1 80 1 Old North Wharf
42.3.1 81 3 Old North Wharf
42.3.1 82 7 Old North Wharf
42.3.1 24 11 Old North Wharf
42.3.1 26 15 Old North Wharf
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
42.3.1 27 17 Old North Wharf
42.3.1 28 21 Old North Wharf
42.3.1 83 10 Still Dock
42.3.1 84 14B Still Dock
42.3.1 85 18 Still Dock
42.3.1 16 6 Easy Street
42.3.1 78 10 Easy Street
42.3.1 13 14 Easy Street
42.4.2 23 26 Easy Street
42.4.2 16 31 Easy Street
42.3.1 12 17 S. Water Street
42.3.1 11.1 17 S. Water Street
3. By amending section 12I as follows:
I. Harbor Overlay District (HOD).
(1) The Harbor Overlay District shall be located as depicted on the map entitled "Harbor Overlay District," dated January 2008 incorporated by reference and made
a part hereof. The district as shown on said map shall be considered an overlay
district to be superimposed on the Zoning Map of the Town of Nantucket, Massachusetts.
(2) The purposes of the Harbor Overlay District are to ensure that:
(a) Existing water-dependent uses are not displaced by nonwater-dependent uses;
(b) Harbor waters and the immediate shoreline and pier areas are zoned to protect water-dependent uses;
(c) Commercial and residential uses allowed by the underlying district regulations are
compatible with, support, or otherwise do not interfere with water-dependent uses
of the district; and
(d) In new structures, replacement of commercial use with residential use is limited, except where the lot(s) is located within a residential zoning district.
(3) Uses allowed or permitted in this overlay district are the same as those uses allowed or permitted in the underlying district except as modified by the following:
(a) No new nonwater-dependent use or extension of an existing nonwater-dependent
use on shorefront land shall:
[1] Displace or significantly disrupt an existing water-dependent use;
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
[2] Unreasonably diminish the capacity of the site to accommodate future water-dependent uses;
[3] Impede or infringe upon existing public access.
(b) In new structures located on shorefront land within a commercial zoning district,
residential uses shall only be allowed above the first floors except for stairways and
other mechanical or accessory functions related thereto;
(c) New residential uses shall not be established on pile-supported structures over coastal waters with access from the HOD, except where the lot is located within a
residential zoning district;
(d) Any new structure shall be set back a minimum of 25 feet from the mean high water
line.
(e) Any new nonwater-dependent use shall be limited to a maximum ground cover ratio of 50%.
(f) New structures located on shorefront land within a commercial zoning district, which in this subsection shall include extensions of existing structures, shall contain the
following water-dependent uses and/or uses accessory to these water-dependent uses or provide these on the lot:
[1] Recreational boating-related: commercial marina; boat ramp or other public boating
access facilities; boat haul-out facilities; boat repair and maintenance or waterfront
facilities associated with inland sites providing these services; launch service; fuel and pump-out services; upland boat storage; services such as ice, laundry, bait,
provisions; businesses such as ship chandlery, fishing outfitter; parking.
[2] Commercial fishing related: berthing; loading/unloading areas; gear storage
facilities; parking; seafood wholesaler, retail fish market.
[3] Commercial charter boat: berthing, support facilities.
[4] Waterfront public access and amenities (as an enhancement to all other uses,
except where water-dependent operations would present a safety concern): public restrooms, seating, physical access or view easement.
[5] Passenger and cargo ferry pier and facilities.
(g) Existing structures located within a commercial zoning district and used for
residential purposes are exempt from Subsection (f) and may be altered or
extended, provided that the existing ground cover of the structure(s), as of the date of the vote on this motion at Town Meeting April 1, 2017, is not increased by a total
of more than 100 square feet.
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
(4) Additional requirements within the HOD.
(a) Notwithstanding the provisions of § 139-23H(3) and 139-23I, all new commercial uses or extensions of commercial uses that increase the ground cover ratio of the
lot or parking requirements, and which are not otherwise subject to major site plan review, shall be subject to minor site plan review by the Director of Planning
designated by the Planning Board for site plan review purposes, and such
professional planning staff to whom the Director of Planning shall delegate this responsibility, for all uses and expansions up to, and including, 3,999 square feet of
gross commercial floor area (including roofed over area).
(b) The Planning Board shall be the special permit granting authority for all commercial uses requiring a special permit within the HOD.
(c) In reviewing a use or expansion requiring either a minor or major site plan review within the HOD, the Planning Board and/or the Director of Planning or his designee
shall make a determination that the proposed use or improvements are generally consistent with site plan review standards contained in § 139-23, and with the
standards set forth in § 139-12I.
(5) The following uses are prohibited in the Harbor Overlay District:
(a) Cruise ship terminals or support facilities owned or operated in conjunction with
vessels moored outside of the Harbor.
(b) Personal watercraft rental.
(c) Private docks unless allowed in § 139-22C and D.
(Board of Selectmen for Planning Board)
ARTICLE 41 (Zoning Map Change: North Water Street)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Commercial Neighborhood
(CN) district in the Commercial Downtown (CDT) district:
Map Lot Number Street
42.4.2 3 (a portion of) 19 N Water Street
Shown as Lot 15 on a plan entitled “Lot Consolidation Plan, 29 North Water Street, 72 Easton Street, and 19 North
Water Street, Nantucket Mass.,” prepared by Feldman Land Surveyors, dated October 8, 2015.
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 41 CN to
CDT” dated December 2016 and filed herewith at the Office of the Town Clerk.
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 42 (Zoning Map Change: RC to CMI – Mid-Island: Sparks Avenue and Pleasant Street)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial (RC) district in the Commercial Mid-Island (CMI) district:
Map Lot Number Street
55 266 51 Sparks Avenue
55 912 109 Pleasant Street
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 42 RC to
CMI” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 43
(Zoning Map Change: RC to CMI – Mid-Island: Orange Street) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial (RC) district in the Commercial Mid-Island (CMI) district:
Map Lot Number Street
55 301.1 118A Orange Street
55 301.2 118B Orange Street
55 301.3 118C Orange Street
55 301.4 118D Orange Street
55 301.5 118E Orange Street
55 301.6 118F Orange Street
55 301.7 118 Orange Street
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 43 RC to CMI” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 44 (Zoning Map Change: RC to CN – Mid-Island: Pleasant Street, Sparks Avenue, and
Williams Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial (RC) district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
55 141 89 Pleasant Street
55 142 87 Pleasant Street
55 143 61 Sparks Avenue
55 416 85 Pleasant Street
55 417 2 Williams Lane
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 44 RC to CN” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 45 (Zoning Map Change: R-1 to CN – Mid-Island)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential 1 (R-1) district in
the Commercial Neighborhood (CN) district:
Map Lot Number Street
55 133 26 Atlantic Avenue
55 133.1 24 Atlantic Avenue
55 133.2 17 Williams Lane
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 45 R-1 to
CN” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 46
(Zoning Map Change: RC to CN – Nantucket Inn)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing that portion of the following properties located upon Lot 8 shown on Land
Court Plan 13614-E currently located in the Residential Commercial (RC) district in the Commercial Neighborhood (CN) district:
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Map Lot Number Street
68 800 100 Nantucket Inn
68 801 101 Nantucket Inn
68 802 102 Nantucket Inn
68 803 103 Nantucket Inn
68 804 104 Nantucket Inn
68 805 106 Nantucket Inn
68 806 107 Nantucket Inn
68 808 108 Nantucket Inn
68 809 109 Nantucket Inn
68 810 110 Nantucket Inn
68 811 111 Nantucket Inn
68 812 112 Nantucket Inn
68 814 114 Nantucket Inn
68 815 115 Nantucket Inn
68 816 116 Nantucket Inn
68 817 117 Nantucket Inn
68 818 118 Nantucket Inn
68 819 119 Nantucket Inn
68 820 120 Nantucket Inn
68 821 121 Nantucket Inn
68 822 122 Nantucket Inn
68 823 123 Nantucket Inn
68 824 124 Nantucket Inn
68 825 125 Nantucket Inn
68 826 126 Nantucket Inn
68 827 127 Nantucket Inn
68 828 128 Nantucket Inn
68 829 129 Nantucket Inn
68 830 130 Nantucket Inn
68 831 131 Nantucket Inn
68 832 132 Nantucket Inn
68 833 133 Nantucket Inn
68 834 134 Nantucket Inn
68 835 135 Nantucket Inn
68 836 136 Nantucket Inn
68 837 137 Nantucket Inn
68 838 138 Nantucket Inn
68 839 139 Nantucket Inn
68 840 140 Nantucket Inn
68 841 141 Nantucket Inn
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
68 842 142 Nantucket Inn
68 843 143 Nantucket Inn
68 844 144 Nantucket Inn
68 845 145 Nantucket Inn
68 846 146 Nantucket Inn
68 847 147 Nantucket Inn
68 848 148 Nantucket Inn
68 849 150 Nantucket Inn
68 850 151 Nantucket Inn
68 851 152 Nantucket Inn
68 852 153 Nantucket Inn
68 853 200 Nantucket Inn
68 900 201 Nantucket Inn
68 901 202 Nantucket Inn
68 902 203 Nantucket Inn
68 903 204 Nantucket Inn
68 904 204 Nantucket Inn
68 905 205 Nantucket Inn
68 906 206 Nantucket Inn
68 907 207 Nantucket Inn
68 908 208 Nantucket Inn
68 909 209 Nantucket Inn
68 910 210 Nantucket Inn
68 911 211 Nantucket Inn
68 912 212 Nantucket Inn
68 914 214 Nantucket Inn
68 915 215 Nantucket Inn
68 916 216 Nantucket Inn
68 917 217 Nantucket Inn
68 918 218 Nantucket Inn
68 919 219 Nantucket Inn
68 920 220 Nantucket Inn
68 921 221 Nantucket Inn
68 924 224 Nantucket Inn
68 925 225 Nantucket Inn
68 926 226 Nantucket Inn
68 927 227 Nantucket Inn
68 928 228 Nantucket Inn
68 929 229 Nantucket Inn
68 930 230 Nantucket Inn
68 931 231 Nantucket Inn
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
68 932 232 Nantucket Inn
68 933 233 Nantucket Inn
68 934 234 Nantucket Inn
68 935 235 Nantucket Inn
68 936 236 Nantucket Inn
68 937 237 Nantucket Inn
68 938 238 Nantucket Inn
68 941 241 Nantucket Inn
68 942 242 Nantucket Inn
68 943 243 Nantucket Inn
68 944 244 Nantucket Inn
68 945 245 Nantucket Inn
68 946 246 Nantucket Inn
68 947 247 Nantucket Inn
68 948 248 Nantucket Inn
68 949 249 Nantucket Inn
68 950 250 Nantucket Inn
68 951 251 Nantucket Inn
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 46 RC to CN” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 47 (Zoning Map Change: R-20 to CN – Airport Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential 20 (R-20) district
in the Commercial Neighborhood (CN) district:
Map Lot Number Street
68 48 1 Airport Road
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article ___ R-20 to
CN” dated November 18, 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Kim Glowacki, et al)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 48 (Zoning Map Change: RC-2 to R-5 – Park Circle)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
69 226 1A Park Circle
69 225 1B Park Circle
69 224 2A Park Circle
69 223 2B Park Circle
69 222 3A Park Circle
69 221 3B Park Circle
69 220 4A Park Circle
69 219 4B Park Circle
69 218 5A Park Circle
69 217 5B Park Circle
69 216 6A Park Circle
69 215 6B Park Circle
69 213 7A Park Circle
69 214 7B Park Circle
69 210 9A Park Circle
69 211 9B Park Circle
69 208 10A Park Circle
69 209 10B Park Circle
69 206 11A Park Circle
69 207 11B Park Circle
69 205 12A Park Circle
69 204 12B Park Circle
69 203 13A Park Circle
69 202 13B Park Circle
69 200 14A Park Circle
69 201 14B Park Circle
69 235 15A Park Circle
69 236 15B Park Circle
69 237 16A Park Circle
69 238 16B Park Circle
69 233 17A Park Circle
69 234 17B Park Circle
69 240 18A Park Circle
69 239 18B Park Circle
69 231 19A Park Circle
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
69 232 19B Park Circle
69 242 20A Park Circle
69 241 20B Park Circle
69 229 21A Park Circle
69 230 21B Park Circle
69 248 22A Park Circle
69 247 22B Park Circle
69 227 23A Park Circle
69 228 23B Park Circle
69 245 24A Park Circle
69 246 24B Park Circle
69 243 25A Park Circle
69 244 25B Park Circle
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 48 RC-2 to
R-5” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 49
(Zoning Map Change: RC-2 to R-5 – Nobadeer Farm, Hinsdale, and Sun Island Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
69 269.1 16A Nobadeer Farm Road
69 269.2 16B Nobadeer Farm Road
69 269.3 16C Nobadeer Farm Road
69 28 18 Nobadeer Farm Road
69 26 20 Nobadeer Farm Road
69 32.1 40A Nobadeer Farm Road
69 32.2 40B Nobadeer Farm Road
69 33.1 42C Nobadeer Farm Road
69 33.2 42D Nobadeer Farm Road
69 32.3 42E Nobadeer Farm Road
69 32.4 42F Nobadeer Farm Road
69 33.3 42G Nobadeer Farm Road
69 33.4 42H Nobadeer Farm Road
69 24.4 95 Hinsdale Road
69 27.1 98A Hinsdale Road
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
69 27.2 98B Hinsdale Road
69 27.3 98C Hinsdale Road
69 27.4 98D Hinsdale Road
69 270.4 3A Sun Island Road
69 270.3 3B Sun Island Road
69 270.2 3C Sun Island Road
69 270.1 3D Sun Island Road
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 49 RC-2 to
R-5” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 50
(Zoning Map Change: RC-2 to CMI - Airport) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Commercial Mid-Island (CMI) district:
Map Lot Number Street
69 258 12 Hanabea Lane
69 257 10 Hanabea Lane
69 256 8 Hanabea Lane
69 255 6 Hanabea Lane
69 15 4 Hanabea Lane
69 50 137 Old South Road
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 50 RC-2 to
CMI” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 51
(Zoning Map Change: RC-2 to CTEC – Teasdale Circle) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Commercial Trade Entrepreneurship and Craft (CTEC) district:
Map Lot Number Street
69 76 1 Teasdale Circle
69 77 2 Teasdale Circle
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
69 75 3 Teasdale Circle
69 74 5 Teasdale Circle
69 78 6 Teasdale Circle
69 73 7 Teasdale Circle
69 72.1 9A #1 Teasdale Circle
69 72.2 9B #2 Teasdale Circle
69 72.3 9C #3 Teasdale Circle
69 72.4 9D #4 Teasdale Circle
69 260 11A #A Teasdale Circle
69 261 11B #B Teasdale Circle
69 262 11C #C Teasdale Circle
69 263 11D #D Teasdale Circle
69 70 13 Teasdale Circle
69 69 15 Teasdale Circle
69 79 16 Teasdale Circle
69 68 17 Teasdale Circle
69 67 19 Teasdale Circle
69 80 20 Teasdale Circle
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 51 RC-2 to CTEC” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 52 (Zoning Map Change: RC-2 to CI and/or CTEC- Airport)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Commercial Industrial (CI) district and/or Commercial Trade
Entrepreneurship and Craft (CTEC) districts:
Map Lot Number Street
69 241 6 Daisy Way
69 49 8B Daisy Way
69 46.7 5 Daisy Way
69 46.8 7 Daisy Way
69 46.9 9 Daisy Way
69 240 11 Daisy Way
69 46.2 127 Old South Road
69 46.3 129 Old South Road
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 52 RC-2 to CI and/or CTEC” dated December 2016 and filed herewith at the Office of the Town
Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 53
(Zoning Map Change: RC-2 to R-40 – Nobadeer Farm Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 40 (R-40) district:
Map Lot Number Street
69 81 23 Nobadeer Farm Road
69 82 21 Nobadeer Farm Road
69 83 19 Nobadeer Farm Road
69 84 17 Nobadeer Farm Road
69 85 15 Nobadeer Farm Road
69 86 13 Nobadeer Farm Road
69 87 11 Nobadeer Farm Road
69 88 9 Nobadeer Farm Road
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 53 RC-2 to
R-40” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 54
(Zoning Map Change: RC-2 to R-5, R-10, and CTEC – Old South Road and Pine Crest Drive)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by taking the following actions:
1. Placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
68 430 (portion of) 7 Pine Crest Drive
68 418 (portion of) 11 Pine Crest Drive
68 993 (portion of) 13 Pine Crest Drive
68 431 (portion of) 14 Pine Crest Drive
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
68 435 (portion of) 15 Pine Crest Drive
68 432 (portion of) 18 Pine Crest Drive
68 963 (portion of) 19 Pine Crest Drive
68 433 (portion of) 23 Pine Crest Drive
2. Placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 10 (R-10) district:
Map Lot Number Street
68 420 (portion of) 8 Pine Crest Drive
68 421 (portion of) 39 and 41 Pine Crest Drive
68 422 (portion of) 35 Pine Crest Drive
68 423 (portion of) 31 Pine Crest Drive
68 424 (portion of) 27 Pine Crest Drive
68 425 (portion of) 22 Pine Crest Drive
68 426 (portion of) 26 Pine Crest Drive
68 431 (portion of) 14 Pine Crest Drive
68 432 (portion of) 18 Pine Crest Drive
68 433 (portion of) 23 Pine Crest Drive
68 963 (portion of) 19 Pine Crest Drive
3. Placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Commercial Trade, Entrepreneurship and Craft (CTEC)
district:
Map Parcel Number Street
68 418 11 Pine Crest Drive
68 419 (portion of) 4A Pine Crest Drive
68 420 (portion of) 8 Pine Crest Drive
68 421 (portion of) 39 and 41 Pine Crest Drive
68 422 (portion of) 35 Pine Crest Drive
68 423 (portion of) 31 Pine Crest Drive
68 424 (portion of) 27 Pine Crest Drive
68 425 (portion of) 22 Pine Crest Drive
68 426 (portion of) 26 Pine Crest Drive
68 427 (portion of) 3 and 5 Pine Crest Drive
68 428 (portion of) 96A Pine Crest Drive
68 429 (portion of) 98 Old South Road
68 430 (portion of) 7 Pine Crest Drive
68 431 (portion of) 14 Pine Crest Drive
68 432 (portion of) 18 Pine Crest Drive
68 433 (portion of) 23 Pine Crest Drive
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
68 963 (portion of) 19 Pine Crest Drive
68 993 (portion of) 13 Pine Crest Drive
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 54 RC-2 to R-5, R-10, and CTEC” dated December 2016 and filed herewith at the Office of the
Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 55
(Zoning Map Change: RC-2 to R-5 – Nobska Way, Appleton Road, and Essex Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential 5 (R-5) district:
Map Lot Number Street
66 25 3 Nobska Way
66 22 4 Nobska Way
66 26 5 Nobska Way
66 21 6 Nobska Way
67 100 7 Nobska Way
67 100.1 7A Nobska Way
67 101 8 Nobska Way
67 99 9 Nobska Way
67 102 10 Nobska Way
67 98 11 Nobska Way
67 103 12 Nobska Way
67 98.1 13 Nobska Way
66 431 20 Nobska Way
66 23 22 Appleton Road
66 24 24 Appleton Road
67 620 41 Essex Road
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 55 RC-2 to
R-5” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 56 (Zoning Map Change: RC-2 to CN – Essex Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2
(RC-2) district, in the Commercial Neighborhood (C-N) district:
Map Lot Number Street
67 600 1 Essex Road
67 601 3 Essex Road
67 602 5 Essex Road
67 603 7 Essex Road
67 604 9 Essex Road
67 605 11 Essex Road
67 639 10 Essex Road
67 640 8 Essex Road
67 599.1 6C Essex Road
67 599.2 6D Essex Road
67 598.1 6 Essex Road
67 598.2 6A Essex Road
67 598.3 6B Essex Road
67 606 13 Essex Road
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 56 RC-2 to CN” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 57 (Zoning Map Change: 3-9 South Shore Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Limited Use General-2 (LUG-2) district in the Residential-40 (R-40) district:
Map Parcel Number Street
67 336 3 South Shore Road
67 336.9 5 South Shore Road
67 336.8 7 South Shore Road
67 336.7 9 South Shore Road
or to take any other action related thereto.
(Arthur I. Reade, Jr., et al)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 58 (Zoning Map Change: 3 South Shore Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing that portion of the land shown on Map 67, Parcel 336, situated at 3 South Shore
Road, which is currently located in the Country Overlay District, in the Town Residential District; or to take any other action related thereto.
(Arthur I. Reade, Jr., et al)
ARTICLE 59 (Zoning Map Change: LUG-2 to LUG-1 – South Shore Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the :Limited Use General 2 (LUG-2) district to Limited Use General 1 (LUG-1) district:
Map Lot Number Street
80 308 59 South Shore Road
80 307 61 South Shore Road
80 306 63 South Shore Road
80 305 65 South Shore Road
80 304 67 South Shore Road
80 303 69 South Shore Road
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article __ LUG-2 to
LUG-1” dated October 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Marcia Rubin, et al)
ARTICLE 60
(Zoning Map Change: LUG-2 to R-40 – Evergreen Way) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Residential 40 (R-40) district:
Map Lot Number Street
68 721 9 Evergreen Way
68 720 11 Evergreen Way
68 718 13 Evergreen Way
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article ___ LUG-2 to R-40” dated October 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Lindsey Knapp, et al)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 61 (Zoning Map Change: LUG-2 to LUG-1 – Evergreen Way)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG-
2) district in the Limited Use General 1 (LUG-1) district:
Map Lot Number Street
68 708 18 Evergreen Way
68 707 16 Evergreen Way
68 706 14 Evergreen Way
68 705 12 Evergreen Way
68 704 10 Evergreen Way
68 703 8 Evergreen Way
68 702 6 Evergreen Way
68 701.2 4A Evergreen Way
68 701.1 4 Evergreen Way
68 700 2 Evergreen Way
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article ___ LUG-2
to LUG-1” dated November 18, 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Lindsey Knapp, et al)
ARTICLE 62
(Zoning Map Change: R-20 and LUG-2 to LUG-1 – Skyline Drive and Woodland Drive) To see if the Town will vote to amend the Zoning map of the Town of Nantucket
as follows:
1. By placing the following properties currently located in the Residential 20
(R-20) district in the Limited Use General 1 (LUG-1) district:
Map Lot Number Street
79 8 13A Woodland Drive
79 208 (portion of) 13 Woodland Drive
2. By placing the following properties currently located in the Limited Use
General 2 (LUG-2) district in the Limited Use General 1 (LUG-1) district:
Map Lot Number Street
79 208 (portion of) 13 Woodland Drive
79 208.1 30 Skyline Drive
79 39 36 Skyline Drive
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article ___R-20 and LUG-2 to LUG-1” dated October 2016 and filed herewith at the Office of the Town
Clerk.
Or to take any other action related thereto.
(Paul F. Smith, et al)
ARTICLE 63
(Zoning Map Change: LUG-2 to LUG-1 – Monohansett Road and Okorwaw Avenue) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Limited Use General 1 (LUG-1) district:
Map Lot Number Street
79 63 50 Okorwaw Avenue
Includes Parcel E shown on Plan No. 2012-14
79 113 50R Okorwaw Avenue
79 112 25 Monohansett Road
Lots 125A, C, F1, G, and Q shown on Plan No. 2012-24 (portion of and proposed additions to 31 Monohansett Road)
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article ___ LUG-2 to LUG-1” dated October 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Barbara Clarke, et al)
ARTICLE 64
(Zoning Map Change: LUG-3 to LUG-2; 7 West Miacomet Road) To see if the Town of Nantucket will vote to amend the zoning classification of the
real estate situated at and known and numbered as 7 West Miacomet Road, Nantucket, Massachusetts (Lot A4, Land Court Plan No. 17368-A; containing 169,594+ sq.ft.) from
Limited Use General – 3 (LUG-3) to Limited Use General – 2 (LUG-2).
(Charles W. Fisher, et al)
ARTICLE 65
(Zoning Map Change: Miscellaneous Split Lot Corrections) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by taking the following actions:
1. By placing the following property currently located in the Limited Use General 3
(LUG-3) district and in the Limited Use General 1 (LUG-1) district, entirely within the Limited Use General 1 (LUG-1) district:
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Map Lot Number Street
12 36 98 Squam Road
2. By placing the following properties currently located in the Limited Use General 2 (LUG-2) district and in the Residential 20 (R-20) district, entirely within the Village
Residential (VR) district:
Map Lot Number Street
83 4 289 Hummock Pond Road
83 39 287 Hummock Pond Road
83 6 283 Hummock Pond Road
83 41 281 Hummock Pond Road
83 42.8 7 Mothball Way
83 42.7 5 Mothball Way
83 42.6 3 Mothball Way
83 42.4 1 Mothball Way
3. By placing the following properties currently located in the Residential 20 (R-20) district in the Village Residential (VR) district:
Map Lot Number Street
83 3 273 Hummock Pond Road
83 42.1
Mothball Way
83 42.2 Mothball Way
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 65
Miscellaneous Split Lot Corrections” dated December 2016 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 66
(Bylaw Amendment: Affordable Lot and Affordable Unit Requirement) To see if the Town will vote to amend the Code of the Town of Nantucket,
Chapter 139 (Zoning) by amending the following sections: 2A (Definitions), 7B (Prohibited Uses), 8 (Residential Development Options), and 16 (Intensity Regulations)
to provide that any lot division shall create a minimum of one dwelling unit of affordable housing and that lot divisions creating five or more lots shall require dedication of at
least 20% of said lots for affordable housing, which may be provided on a
noncontiguous lot or lots; amendment of the listed sections may define terms used herein, provide standards, define applicability, provide exceptions, identity a process or
procedures or to take any other action related thereto.
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
(Linda Holland, et al)
ARTICLE 67 (Bylaw Amendment: Residential Housing Size)
To see if the Town will vote to amend the Code of the Town of Nantucket, Chapter 139 (Zoning) by amending the following sections: 2A (Definitions), 7B
(Prohibited Uses), 16 (Intensity Regulations), 23 (Site Plan Review), and 30 (Special
Permits) to provide for a maximum living area of 3,000 square feet by-right and up to 5,000 square feet by special permit for the LUG-1, LUG-2, LUG-3, and MMD districts
and a living area of 2,000 square feet by-right and up to 5,000 by special permit in the VR district. Amendment of the listed sections may define terms used herein, provide
standards, define applicability, provide exceptions, identify a process or procedures which may include site plan review, identify the special permit granting authority, or to take any other action related thereto.
(Linda Holland, et al)
ARTICLE 68
(Zoning Bylaw Amendment: Residential Commercial (RC)
and Commercial Industrial (CI) Districts) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, subsection 16A, by increasing the required frontage in the Residential Commercial (RC) zoning district from 40 feet to 50 feet and by eliminating
the side yard setback requirement in the Commercial Industrial (CI) zoning district.
(Board of Selectmen for Planning Board)
ARTICLE 69
(Zoning Bylaw Amendment: Village Residential (VR)) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, Section 7A (Use Chart) as follows:
By deleting “A” in the “V-R” column and the “Swimming Pool-Residential” row and replacing it with “N.”
Or to take any other action related thereto.
(Robert M. Kucharavy, et al)
ARTICLE 70 (Zoning Bylaw Amendment: Village Height Overlay District)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, Section 4-F (Village Height Overlay District) by placing the following
additional parcels currently located in the Madaket Area Plan into the Village Height
Overlay District:
MAP LOT NUMBER STREET: See Attached List[*]
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
All as shown on a map entitled Zoning Bylaw Amendment: Village Height Overlay District and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Bradford L. Fleming, et al)
[*List of parcels available at Town Clerk’s office and Town website.]
ARTICLE 71
(Zoning Use Chart Amendment: Prohibition Regarding Helicopters) To see if the Town will vote to amend the Town of Nantucket’s zoning use chart
to prohibit the taking off or landing of airplanes, helicopters and any other kind of aircraft as a principal or accessory use in any residential or business zone except in emergencies, at the Nantucket Memorial Airport, at the designated landing area at the
Nantucket Cottage Hospital or as directed by federal, state or local government officials or their authorized agents in the exercise of governmental responsibilities.
Or to take any other action related thereto.
(David D. Worth, et al)
ARTICLE 72 (Zoning Bylaw Amendment: Rear Lot Subdivision)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, by adding a new subsection 8E as follows (NOTE: new language is
shown as highlighted text, language to be deleted is shown by strikeout; these methods
to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in
compliance with the numbering format of the Code of the Town of Nantucket):
(E) Special permit to create rear lot subdivisions.
1. Purpose: to provide a residential infill development option that allows for the
same density that could be created by a conventional subdivision, but that does not create unnecessary un-taxed roadway lots.
2. Rear lots may be permitted in the following zoning districts: R-5, R-10, R-20, R-
40, and LUG-1. 3. As authorized by MGL c. 40A, §9, Paragraph 2, the Planning Board, acting as the
special permit granting authority, may issue a special permit authorizing the division of a lot into two or more lots, provided the following requirements and/or
conditions shall apply: 1. A minimum frontage of 20 feet shall apply to each lot;
2. The ground cover ratio, front setback, and side and rear setback
requirements of the underlying zoning district shall apply to each lot; 3. The regularity formula prescribed in §139-16D shall not apply to lots
created pursuant to this subsection;
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
4. The number of buildings lots shall not exceed the number which may have otherwise been created on a conventional subdivision plan meeting all
dimensional and upland requirements of the Zoning Bylaw and consistent with the requirements contained within the “Rules and Regulations
Governing the Subdivision of Land,” as may be amended from time to time, as demonstrated by the submission of a dimensioned lotting plan.
(Board of Selectmen for Planning Board)
ARTICLE 73 (Zoning Bylaw Amendment: Moorlands Management District)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of the Town of Nantucket):
1. § 139-13 Moorlands Management District MMD.
A. Purpose. The Moorlands Management District is established pursuant to the Town's goals and objectives for balanced growth adopted by Town Meeting as the
island's long-range comprehensive growth policy. More specifically, it is the purpose of the Moorlands Management District to protect areas of the island known
to be excellent examples of temperate zone heath. Heaths and moorlands on Nantucket Island represent an extremely fragile and unique environment, and are a
rare and endangered landform of North America. Along coastal areas, they may
also include flood-prone areas, glacial valleys and coastal pond systems. It is the intention of this district to permit a type and integrity of use which is consistent with
the long-term integrity of these special ecological systems.
B. Permitted uses:
(1) Conservation and recreation, including structures and uses accessory
thereto.
(2) One single-family dwelling unit not exceeding 800 square feet of ground
coverage, plus not more than 400 square feet area in the aggregate devoted to decks, covered porches, accessory buildings, or other
impervious surfaces.
C. Uses allowed by special permit with minor site plan review. The Planning Board is hereby designated the sole special permit granting authority for all uses, structures
and extension or alteration of uses or structures within the Moorlands Management
District, including, but not limited to the following:
(1) One single-family dwelling unit exceeding 800 square feet of ground coverage, including structures and uses normally considered accessory
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
thereto, may be allowed, provided that each special permit granted shall include conditions requiring the siting of structures and uses in a manner
which minimizes potentially adverse effects on the moorlands environment and its scenic integrity.
(2) Subdivision of properties located within the Moorlands Management
District shall require a special permit.
(a) The issuance of a special permit for subdivision in the Moorlands
Management District shall include conditions as to the layout of lots, the design and location of public improvements, and the
establishment of permitted building envelopes, so as to minimize potentially adverse effects on the moorlands environment and its
scenic integrity.
(b) The Planning Board shall have the authority to require clustering of
lots pursuant to § 139-7B of this chapter as a condition for the issuance of the special permit in order to accomplish the above-
stated objectives.
D. Site plan approval. Prior to the issuance of a building permit for structures or uses
permitted as a matter of right or by special permit in the Moorlands Management District, the Planning Board shall have the authority to review and approve the siting
of said structure(s) on the lot in accordance with the following performance standards:
(1) To maximize the protection of endangered plant and animal species through the siting of structures and uses a maximum distance away from
known or suspected habitats of such species, even when such habitats are located off-site; to minimize disturbance to such species by limiting
construction activities to certain times of the year.
(2) To maximize the protection of scenic views through the siting of structures
on lower elevations, and clustering of structures near other structures located off-site.
(3) To maximize protection of moorlands and heath-land vegetation and landforms through the use of various measures, including, but not limited
to, limitations on grading, fencing, landscaping, driveway and parking facilities, and other physical disruptions to indigenous natural systems.
(4) The Planning Board may include conditions as part of the approval of such
a site plan in order to assure conformance with the standards.
E. Procedures.
(1) In cases involving building or use permit applications for structures or uses
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
permitted as a matter of right in the Moorlands Management District, applicants shall obtain site plan approval from the Planning Board prior to
submitting a building permit application to the Building Inspector. Site plan review applications shall be submitted directly to the Planning Board and
shall include such submission requirements as may be prescribed by the Planning Board in its regulations.
(a) Failure of the Planning Board to notify the Building Inspector of its action with respect to such application within 20 days of the
application filing date shall be deemed approval of the application by the Planning Board.
(b) The Building Inspector shall not accept issue a building or use
permit application for land in the Moorlands Management District
unless it contains either:
[1] The Planning Board's decision on the site plan review application; or
[2] Documentation in a form satisfactory to the Building Inspector that 20 days have elapsed from the date of
submission of the site plan review application to the Planning Board without said Board having rendered a decision.
(2) No building or use permit shall be issued by the Building Commissioner for
structures or uses located in the Moorlands Management District without
site plan approval by the Planning Board. If conditions have been attached to site plan approval by the Planning Board, the Building Commissioner
shall require the applicant to amend his application accordingly, and comply with said conditions.
(3) In cases involving a building or use permit application for structures or uses permitted by special permit, the Planning Board shall consider and
decide upon site plan review and approval during the public hearing process required for special permits by § 139-30, at which time it shall also
consider whether or not the proposed use or structure is in harmony with
the general purpose and intent of this chapter.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 74
(Zoning Bylaw Amendment: Secondary Lots) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, section 8C(3), as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance
with the numbering format of the Code of the Town of Nantucket):
(3) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board, acting as the special permit granting authority, may issue a special permit authorizing the division
of a lot into two lots, provided the following requirements and/or conditions shall
apply:
(a) The original lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any
other instrument, pertaining to the prohibition of more than one dwelling unit on the original lot.
(b) One of the two lots shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of that lot shall earn at or below 150% of
the Nantucket County median household income. Secondary lots sold to qualified family members shall not be subject to the income and asset limits for eligible
households. Upon resale, transfer, or gift of the secondary lot to a nonqualified
family member, the lot shall be subject to an NHNC-Ownership Form, and all requirements set forth therein, including income and asset limits for eligible
households.
(c) A tertiary dwelling may be permitted on one of the two lots. The lots shall not be subject to the secondary dwelling requirements contained within §2 of this Chapter.
(d) (Reserved) One of the two lots shall be allowed to have a second dwelling unit, subject to the requirements of the tertiary dwelling definition contained within §2 of
this Chapter.
(Board of Selectmen for Planning Board)
ARTICLE 75
(Zoning Bylaw Amendment: Technical Amendments) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the
numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
1. Amend any section of this Chapter to remove references to the Limited
Commercial (LC) zoning district and the Assisted Living Community (ALC) zoning
district;
2. Amend section 2A by as follows, with new definitions to be added in alphabetical order:
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
APARTMENT
A dwelling unit located within a commercial structure or detached structures on the same lot with a commercial use. An apartment(s) shall not occupy more than
50% of the first floor area. The Planning Board may by special permit waive this requirement based on a finding that the commercial character of the area will not
be negatively impacted by the location of a dwelling unit on the first floor of the
commercial structure. A maximum of four apartments per lot, or an equivalent density, through the issuance of a special permit granted by the Planning Board,
for a project in the same ownership or control that could be divided into multiple lots on a conventional subdivision plan meeting all dimensional and upland
requirements of the Bylaw and consistent with the “Rules and Regulations Governing the Subdivision of Land,” as may be amended by the Planning Board
from time to time, as demonstrated by the submission of a dimensioned lotting
plan, are allowed in the following districts:…
BAKERY
An establishment primarily engaged in the retail sale of baked goods for off-site
consumption. A bakery may include, as an accessory use, wholesale distribution
of goods prepared on the site.
BREEZEWAY
An abovegrade structure connecting two buildings or sections of a single
building. When used to connect a primary dwelling and secondary dwelling, any
such breezeway shall be a minimum length of 10 feet. Sub-grade connections of any structures on a lot shall not be regulated by this chapter.
CHURCH
A building wherein persons regularly assemble for religious worship, together with any accessory buildings and uses customarily associated with such a
purpose.
DECK
An open and roofless platform, either freestanding or attached to a building, that is supported by pillars or posts.
DUPLEX
A structure containing two dwelling units, but not including primary dwelling with
an accessory dwelling unit or tertiary dwelling unit contained therein. In the R-1 District only, both dwelling units shall be in the same ownership. A duplex shall
not be construed to include a primary dwelling and secondary dwelling as defined in this Chapter.
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
FOOD PROCESSING ESTABLISHMENT Manufacturing establishments that produce or process foods for consumption.
Includes: (1) bakery products, sugar and confectionery products for wholesale distribution and where no over-the-counter or other retail sales occur (except
facilities that produce goods only for on-site sales with no wider distribution); (2) dairy products processing; (3) fats and oil products (including rendering plants);
(4) fruit and vegetable canning, preserving, and related processing; (5) grain mill
products and by-products; (6) meat, poultry, and seafood canning, curing, and byproduct processing; and (7) distilleries.
GROUND COVER
The horizontal area of a lot covered at grade by structures, together with those
portions of any overhangs which contain enclosed interior space; excluding tents, retaining walls, substantially below grade finished or unfinished space, decks,
and unenclosed porches, unenclosed roofed overhangs and connectors, entryway hoods and projections, gazebos, pergolas, play structures, platforms
and steps, docks, game playing courts at grade, exterior in-ground residential swimming pools, exterior in-ground or above grade hot tub/spas, chimneys,
bulkheads, bay and bow windows, window wells, unenclosed breezeways, air
conditioning units, pool equipment, generators, utility boxes and meters, flag poles, bike racks, lamp posts, exterior cooking facilities, fire pits, fences,
unroofed walled enclosures, exterior showers, fuel tanks, roof eaves, trash bins and not more than one accessory detached shed covering an area not to exceed
more than 200 square feet at grade.
HOT TUB/SPA
A structure designed to be used for recreational purposes accessory to a principal use, either above or below grade, containing water more than 24 inches
in depth and less than 150 square feet of water surface area, or less than 1,000 gallons. This shall not include ornamental ponds, decorative water features,
including, but not limited to, fountains, bird baths, and the like.
SCHOOL
An institution for the teaching of children or adults including, but not limited to, primary and secondary schools, colleges, professional schools, dance schools,
business schools, trade schools, art schools, and similar facilities.
SECONDARY DWELLING
…Relief from the ground cover and scalar separation requirements of this definition may be granted by a special permit issued by the Planning Board
subject to a finding that the reduced separation is in harmony with the general purpose and intent of this chapter.
STORAGE CONTAINER A metal shipping container, excluding tractor trailers, used for commercial
storage of goods and materials.
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STREET …(3) A way in legal and physical existence when the Subdivision Control Law
became effective on Nantucket on February 1, 1955, which had on January 26, 1992, sufficient width, suitable grades and adequate construction to provide for
the needs of vehicular traffic in relation to the proposed use of the land abutting thereon and served thereby, and for the installation of municipal services to serve
such land and the buildings erected or to be erected thereon.
STRUCTURE
Anything constructed or erected, the use of which requires a fixed location on the ground. "Structure" shall be construed, where the context allows, as though
followed by the words "or part thereof" and shall include, but not be limited to, buildings, retaining walls which support buildings, platforms, steps, antenna towers, steel storage containers, lighthouses, docks, decks, chimneys, tents, and
game courts. "Structure" shall not include retaining walls not exceeding four feet in height for landscaping purposes, fences, rubbish bins, underground propane
tanks, any exterior stairs, and a maximum of two aboveground propane tanks not to exceed 120 gallons each.
UNENCLOSED PORCH A porch connected by no more than two walls to any building and that is open to
the weather (i.e. not screened or glassed in).
3. Amend section 5F as follows:
F. When a boundary line between zoning districts divides a lot in single
ownership and the line does not fall within 30 feet of a lot line, that portion of such lot which is within the more restrictive zone shall be governed by the use
of land and dimensional yard setback requirements of the more restrictive zone. The portion of such lot which is within the less restrictive zone shall be
governed by the use and dimensional yard setback requirements of the less
restrictive zone. The use of a portion of the land in the more restrictive zone as an accessory use accessory to a legal or conforming use in the less
restrictive zone shall be prohibited. Ground cover for the lot shall be calculated based upon ground cover ratio allowed for the portion of each lot in
each zoning district, and those totals shall be combined for use upon the
entire lot.
4. Amend section 7A by adding a new use “Storage container” in the Use Column, to be allowed by special permit (SP) in the CN, CTEC, and CI districts
only.
5. Amend section 8D by adding a new subsection (4) as follows:
(4) The Planning Board may allow a workforce rental community as part of a
larger project, as allowed in the CN and CMI districts, provided that the project, in the same ownership or control that could be divided into multiple lots meeting the
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lot requirement of §139-8D(1)(a)[1] on a conventional subdivision plan meeting all dimensional and upland requirements of the Bylaw and consistent with the
“Rules and Regulations Governing the Subdivision of Land,” as may be amended by the Planning Board from time to time, as demonstrated by the submission of a
dimensioned lotting plan.
6. Amend section 20.1B(2)(g) as follows:
On-site turnarounds will be required for all lots within the LUG-1, LUG-2, LUG-3,
and MMD Zoning Districts, except for those lots in said districts that are within a cluster, or MRD, flex development, or open space residential development
subdivisions., and In addition, on-site turnarounds are required for lots with driveway access onto the following roadways:…
7. Amend section 26E as follows:
Any permit issued shall be deemed abandoned and invalid unless the work authorized by it shall have been commenced within six twelve months after its
issuance; however, for cause, one or more extensions of time, for periods not
exceeding six months each, may be granted in writing by the Inspector of Buildings. Work under such permit, in the opinion of the Inspector of Buildings,
must proceed in good faith continuously to completion so far as is reasonably practicable under the circumstances.
8. Amend section 30A as follows:
The special permit granting authority shall be the Board of Appeals for all special permits, except those special permits for which the Planning Board is specifically
designated by any provision of this chapter. In instances where any portion of a project involves a special permit application to the Planning Board for an
apartment, apartment building, elder housing facility, neighborhood employee
housing, secondary dwelling, and or tertiary dwelling all pursuant to § 139-2, and § 139-7A, business commercial, commercial industrial, and industrial uses as
categorized in the "Use Chart" pursuant to § 139-7A, residential development options pursuant to § 139-8, and for certain uses in the Public Wellhead
Recharge District pursuant to § 139-12B, the Planning Board shall serve as the
special permit granting authority for all other special permits required in connection with such project.
9. Amend section 30H as follows:
Effect of zoning amendments on special permits issued. Construction or
operation under a special permit shall conform to any subsequent amendment of
this chapter unless the use or construction is commenced within a period of not less than six months twelve months after the issuance of the special permit and,
in cases involving construction, is continued through to completion as continuously and expeditiously as is reasonable.
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10. Amend section 30I as follows:
Expiration of special permits. Special permits shall expire after two three years
from the date of issuance if a substantial use thereof has not commenced, except for good cause, or, in the case of construction, if construction has not begun by
such date except for good cause. Such expiration date shall be automatically
extended to include time required to pursue or await the determination of an appeal from the action of the special permit granting authority.
11. Amend section 33A as follows:
This section shall apply to uses, structures, and lots that were either in existence
prior to the adoption of the Zoning Bylaw or lawfully allowed or permitted at some
point in time after the adoption of the Zoning Bylaw and no longer meet minimum zoning requirements or are now prohibited, and to one or more structures on a lot
that were erected or altered without the issuance of a building permit and that have been in existence for a period of at least 10 years without the recording of a
notice of a lawsuit claiming a zoning violation in the registry of deeds and that are
legally non-conforming pursuant to MGL c. 40A, § 6. Further, a use of land and/or lots and construction of structures shall be exempt from this chapter provided that
a building or special permit was issued before the first publication of notice of the public hearing to change zoning as it may apply, pursuant to MGL c. 40A, § 5, as
may be amended from time to time.
12. Amend section 33A(1)(c) as follows:
A Zoning Enforcement Officer determines through a review of the building permit
application that the extension, alteration, or change to the any nonconforming structure is compliant with all dimensional requirements of this chapter and does
not increase the nonconformity.
(Board of Selectmen for Planning Board)
ARTICLE 76
(Bylaw Amendment: District Improvement Financing)
To see if the Town will vote to create and implement a District Improvement Financing Program (“DIF”) pursuant to and in accordance with the provisions of Chapter
40Q of the Massachusetts General Laws, in order to further the public purpose of encouraging increased residential, industrial and commercial activity in a designated
geographic area of the Town of Nantucket, by adopting a development district (which shall also include an invested revenue district) and development program wherein the
Town may, without any implied limitation of other lawful powers granted to it by law and
those enabled by Chapter 40Q, design, construct, and maintain certain roadway, traffic, pedestrian, bicycle, landscaping, drainage, lighting, and other infrastructure
improvements in the development district which will be funded by the Tax Increment
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derived from the development district as defined in G.L. c. 40Q, and to take the following related actions:
(a) To designate a development district within the boundaries of the Town to be
known as the “Mid-Island / Old South Road Corridor Development District”, as shown on a plan entitled “Proposed Mid-Island / Old South Road Corridor District
Improvement Financing Program Area” dated November, 2016, and on file in the
office of the Town Clerk.
(b) To adopt a development program, which shall include an invested revenue district development program, for the “Mid-Island / Old South Road Corridor
Development District” on file in the office of the Town Clerk, which provides for the objectives of the Town for the development district and the means by which
the Town will improve the quality of life, the physical facilities and structures and
the quality of pedestrian and vehicular traffic control within the within the development district including, but not limited to, the improvement and
replacement of roadway, traffic, pedestrian, bicycle, landscaping, drainage, lighting, and other infrastructure improvements, of such district, pursuant to a
Development Statement to be adopted by the Board of Selectmen and to be
placed on file in the office of the Town Clerk, which will provide for:
(i) The design, construction, and maintenance of certain roadway, traffic, pedestrian, bicycle, landscaping, drainage, lighting, and other
infrastructure improvements within the “Mid-Island / Old South Road Corridor Development District” which will serve to improve traffic,
pedestrian, and bicycle operations and safety in these areas, as set forth
in subsection (b) above;
(ii) Plans, if any, for the development of housing, both affordable and market rate;
(iii) A complete list of public facilities to be constructed;
(iv) Plans for use of private property (if any) and plans for relocation of persons displaced by development activities (if any);
(v) The creation and implementation of a financial plan whereby the project costs for the development district will be funded with funds from the
issuance by the Town and sale of general obligation bonds, revenue bonds, notes, or other borrowings pursuant to the provisions of Chapter
40Q or Chapter 44 of the Massachusetts General Laws (the debt service on such bonds shall be paid from the Tax Increment, as such term is
defined in Chapter 40Q, expected to be generated as a result of the
future renovation and / or the development of specific properties within the “Mid-Island / Old South Road Corridor Development District”;
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
(vi) The rates of interest, maturity, redemption, privileges, if any, and the form and other details of such bonds or other financing as approved, the price
and market to which such bonds are sold, be it public or private, and whether or not securities issued shall be secured by pledge or
assignment of any project revenue and subject to a trust agreement, and upon terms determined thereby;
(vii) The continuation of the District Improvement Financing Program for a period of thirty (30) years, as provided in Section 1(a)(8) of said Chapter
40Q of the Massachusetts General laws, or such shorter time as may be determined in accordance with the provisions of the development
program.
(c) To create a development program fund pursuant to the applicable provisions of
Chapter 40Q of the Massachusetts General Laws that consists of: (a) a development sinking fund, (b) a project cost account, and (c) such other
accounts, consistent with the provisions of Chapter 40Q, as the Board of Selectmen deems necessary or appropriate to fund the creation and operation of
the development district.
(d) To adopt a statement of the percentage of the Tax Increment to be retained for
the financing of the development program, as set forth in the invested revenue district development program, which percentage shall be determined from time to
time in accordance with the method or formula set forth in the invested revenue district development program, but shall not exceed a maximum of one hundred
percent (100%).
(e) To authorize the Board of Selectmen to take any all other actions which may be
necessary or convenient to implement the purposes of this vote.
Or take any other action related thereto.
(Board of Selectmen)
ARTICLE 77
(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes)
To see if the Town will vote to: AMEND the Town Sewer District as established under Section 41- 3.A of the Code of the Town of Nantucket by adding the following
properties to the Town Sewer District.
MAP PARCEL ADDRESS
30 27 1 Windward Lane
30 26 2 Windward Lane
30 33 1 Kimball Avenue
30 32 5 Kimball Avenue
30 32.1 7 Kimball Avenue
30 31 9 Kimball Avenue
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
30 31.1 11 Kimball Avenue
30 30 17 Kimball Avenue
30 29 19 Kimball Avenue
30 28 21 Kimball Avenue
(Steven Cohen, et al)
ARTICLE 78
(Revolving Accounts Bylaw) To see if the Town will vote to amend the General Bylaws by adding new
Sections 19-21 and 19-22 to read as follows:
§19-21. Revolving Accounts
There are hereby established the following Revolving Accounts, pursuant to
Massachusetts General Laws Chapter 44, Section 53E½:
FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND
Beach Improvement Beach Permit Sticker sales
Town Manager with approval of Board of
Selectmen
In accordance with c. 56 § 7A of Town Code, including endangered species monitor program; beach
patrols/monitors; beach use education/information
Community
Recreation Programming
Sports programs
fees Town Manager
Operation and maintenance of town owned recreational facilities, Town-owned athletic fields,
courts and parks for recreational, organized sports, sports camps and playing field activities.
Tennis Court Tennis Fees Town Manager Operation and maintenance of tennis court facility
Conservation Fund
Conservation Commission
application fees
Town Manager with approval of Conservation
Commission
Consulting services in connection with professional review of applications
Septic System Inspections Septic system application fees
Town Manager with
approval of Board of Health
Contractor services in connection with septic system inspections; costs associated septic system inspection
related training and portion of salaries for staff in connection with septic system duties and responsibilities, together with the proportionate costs of fringe benefits associated with the salaries so paid
Seasonal Food
Service Inspections
Food service permit fees
Town Manager with approval of Board of Health
Seasonal food service inspections; costs associated
with seasonal food service inspection training and public awareness materials. Salaries for staff in connection with food service inspections.
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FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND
Lifeguard Housing Rental payments Town Manager with approval of Board of
Selectmen
Defrayment of maintenance/upkeep of lifeguard
housing facilities
Public Works Housing Rental payments Town Manager with approval of Board of Selectmen
Defrayment of maintenance/upkeep of public works housing facilities
Low Beach Housing Rental payments
Town Manager with
approval of Board of Selectmen
Defrayment of maintenance/upkeep of Low Beach housing facilities
Solar Rebate Program
Operational Adder from the energy aggregation
program
Town Manager with approval of Board of Selectmen Rebates for residential solar energy systems
Airport Aviation Fuel
Fees and receipts received in connection with sale of aviation
fuel
Airport Commission Purchase of aviation fuel
§19-22. Limitation on Spending
All revolving accounts are subject to the annual limitations on expenditure established
by Town Meeting, and limitations as otherwise set forth in General laws Chapter 44,
Section 53E and ½;
Or to take any other action relative thereto.
(Board of Selectmen)
ARTICLE 79
(Revolving Accounts: Spending Limits for FY 2018) To see what spending limits the Town will establish for revolving accounts
established pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws for Fiscal Year 2018; or take any other action related thereto.
(Board of Selectmen)
ARTICLE 80 (Local Option Tax on Sale of Recreational Marijuana)
To see if the Town will vote to accept the provisions of General Laws Chapter 64N, Section 3 which will allow the Town to collect a local sales tax in the amount of 2
percent upon the sale or transfer of marijuana or marijuana products by a local retailer
operating within the Town; or to take any other action relative thereto.
(Board of Selectmen)
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ARTICLE 81 (Licenses and Permits of Delinquent Taxpayers – Bylaw Amendment)
To see if the Town will vote to accept the provisions of General Laws Chapter 40, Section 57, as amended by Sections 37 and 38 of Chapter 218 of the Acts of 2016 (the
Municipal Modernization Act, so-called); and further to amend Section 19-14 of the Town’s General Bylaws as follows (Deletions shown in strike through and new text
shown as underlined):
§ 19-14 Delinquency list.
The Collector/Treasurer, hereinafter referred to as the "Collector," shall annually,
and may periodically, furnish to each department, board commission or division that serves as a licensing authority for the licenses or permits referred to in § 19-
13 or 19-18, except as exempted in § 19-18, a list of any person, corporation or
business enterprise, hereinafter referred to as the "party," that has neglected or refused to pay any local taxes, fees, assessments, betterments or other
municipal charges for not less than a twelve months period, and that such party has not filed in good faith a pending application for an abatement of such tax or a
pending petition before the Appellate Tax Board.
(Board of Selectmen)
ARTICLE 82
(Acceptance of Massachusetts General Law: Authority to Set Local Speed Limits) To see if the Town will accept the provisions of Massachusetts General Laws
Chapter 90, Section 17C, to authorize the Board of Selectmen to establish speed limits
inside any thickly settled or business district areas in the Town, as defined in Chapter 90, Section 1; or take any other action related thereto.
(Board of Selectmen)
ARTICLE 83 (Acceptance of Massachusetts General Law: Amendments to OPEB Trust Fund)
To see if the Town will accept the provisions of Massachusetts General Laws Chapter 32B, Section 20, as amended and effective as of November 7, 2016, regarding
the management of the Town’s Other Post-Employment Benefits [OPEB] Liability Trust
Fund; or take any other action related thereto.
(Board of Selectmen)
ARTICLE 84 (Acceptance of Massachusetts General Law Chapter 48, Section 42)
To see if the town will vote to adopt Massachusetts General Law Chapter 48,
Section 42: Establishment of fire departments; appointment of fire chief; compensation; removal; powers and duties.
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Section 42. Towns accepting the provisions of this section and sections forty-three and forty-four, or which have accepted corresponding provisions of earlier laws may
establish a fire department to be under the control of an officer to be known as the chief of the fire department. The chief shall be appointed by the selectmen, and shall receive
such salary as the selectmen may from time to time determine, not exceeding in the aggregate the amount annually appropriated therefor. He may be removed for cause by
the selectmen at any time after a hearing. He shall have charge of extinguishing fires in
the town and the protection of life and property in case of fire. He shall purchase subject to the approval of the selectmen and keep in repair all property and apparatus used for
and by the fire department. He shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns except as herein
provided, and shall appoint a deputy chief and such officers and firemen as he may think necessary, and may remove the same at any time for cause and after a hearing. He
shall have full and absolute authority in the administration of the department, shall make
all rules and regulations for its operation, shall report to the selectmen from time to time as they may require, and shall annually report to the town the condition of the
department with his recommendations thereon; he shall fix the compensation of the permanent and call members of the fire department subject to the approval of the
selectmen. In the expenditure of money the chief shall be subject to such further
limitations as the town may from time to time prescribe. The appointment of the chief of the fire department in any town or district having a population of five thousand or less
may be for a period of three years.
(Jeffrey M. Allen, et al)
ARTICLE 85
(Reaffirmation of Separate Fire and Police Departments) To see if the Town will vote to reaffirm the continuation of separate Fire and
Police Departments, with each department run by a fire chief and police chief, with each being the distinct department head for their respective department, or take any other
action relative thereto.
(Jeffrey M. Allen, et al)
ARTICLE 86
(Home Rule Petition: Charter Amendment/Appointment of Finance Committee, and
Bylaw Amendment: Committees/Finance Committee Changes) To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in
language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto.
An Act Relative to the Charter of the Town of Nantucket.
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SECTION 1. Article 3, Section 3.4(a)(3), of the Charter of the Town of Nantucket, enacted pursuant to Chapter 289 of the Acts of 1996, is hereby amended by striking out
the words “Finance Committee.”
SECTION 2. This act shall take effect upon its passage.
And further to see if the Town will vote to amend Chapter 11 (Committees)
Section 11-1 of the Code of Nantucket as follows; provided, however, that such amendment shall only take effect upon the passage of the Home Rule Petition by the
General Court as set forth in this Warrant Article: (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote
changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
§11-1 Establishment; membership; vacancies:
There shall be a Finance Committee consisting of nine members; all of whom shall be
appointed by the Board of Selectmen Town Moderator at its first meeting, or some
subsequent meeting, after the Annual Town Meeting in the year 1925, A.D., three for terms of one year, three for terms of two years and three for terms of three years, and,
annually after the year 1925 A.D., the Board of Selectmen. The Town Moderator shall appoint at its first meeting, or some subsequent meeting, after the Annual Town
Meeting, three members of such Finance Committee for terms of three years, and no member of the Finance Committee shall be an officer or employee of the Town or
County or any other municipal entity. The Board of Selectmen Town Moderator shall fill
any vacancy which may occur in the Finance Committee for the remainder of the term.
Or to take any other action related thereto.
(Michael A. Glowacki, et al)
ARTICLE 87
(Home Rule Petition: Merger of Nantucket Water Commission and Siasconset Water Commission)
To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in
language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto:
AN ACT authorizing the Town of Nantucket to supply itself and its inhabitants with water
SECTION 1. The town of Nantucket may supply itself and the inhabitants thereof with water for the extinguishment of fires and for domestic and for other purposes, may
establish fountains and hydrants, relocate or discontinue the same, and may regulate the use of such water and fix and collect rates to be paid for the use of same.
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SECTION 2. The said town, for the purposes aforesaid, is hereby authorized to acquire
by purchase or take by eminent domain under chapter 79 of the General Laws the entire water rights, estates, franchises and privileges of any corporation supplying water to its
inhabitants and thereby become entitled to all its rights and privileges and subject to all its duties and liabilities; and may lease, or take by eminent domain under said chapter
seventy-nine, or acquire by purchase or otherwise, and hold, the waters, or any portion
thereof, of any pond, brook, spring, stream or any ground water sources within its limits, not already appropriated for purposes of public water supply, and any water or flowage
rights connected therewith; provided, that the amount of water which may be taken shall from time to time be determined by vote of the town; and also may take by eminent
domain under said chapter 79, or acquire by purchase or otherwise, and hold, all lands, rights of way and other easements necessary for collecting, storing, holding, purifying
and treating such water and protecting and preserving the purity thereof and for
conveying the same to any part of said town; provided, that no source of water supply and no lands necessary for protecting and preserving the purity and quality of the water
shall be taken or used without first obtaining the advice and approval of the department of environmental protection, and that the location and arrangement of all dams,
reservoirs, wells or filter galleries, filtration and pumping plants or other works necessary
in carrying out the provisions of this act shall be subject to the approval of said department. Said town may construct, erect and maintain on the lands acquired and
held under the provisions of this act proper dams, reservoirs, pumping and filtration plants, buildings, standpipes, tanks, fixtures and other structures, including also
purification and treatment works, the construction and maintenance of which shall be subject to the approval of the department of environmental protection, and may make
excavations, procure and operate machinery, and provide such other means and
appliances and do such other things as may be necessary for the establishment and maintenance of complete and effective water works; and for that purpose may construct
wells and reservoirs, establish pumping works and lay down and maintain aqueducts, conduits, pipes and other works, under or over any lands, water courses, railroads,
railways and public or other ways and along any such way in said town in such manner
as not unnecessarily to obstruct the same; and for the purpose of constructing, laying, maintaining, operating and repairing such conduits, pipes and other works, and for all
other proper purposes of this act, said town may dig up or raise and embank any such lands, highways or other ways in such manner as to cause the least hindrance to public
travel thereon. Said town shall not enter upon, construct or lay any conduits, pipes or
other works within the location of any railroad corporation except at such time and in such manner as it may agree upon with such corporation or in case of failure so to agree
as may be approved by the department of telecommunications and energy. Said town may enter upon any lands for the purpose of making surveys, test pits and borings, and
may take or otherwise acquire the right to occupy temporarily any lands necessary for the construction of any work or for any other purpose authorized by this act.
SECTION 3. The land, water rights and other property taken or acquired under this act, and all works, buildings and other structures erected or constructed under this act, shall
be managed, improved and controlled by the board of water commissioners hereinafter
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provided for in section 8, in such manner as it shall deem for the best interest of the town.
SECTION 4. Any person or corporation injured in his or its property by any action of
said town or board under this act may recover damages from said town under said chapter 79; provided, that the right to damages for the taking of any water, water right,
or any injury thereto, shall not vest until the water is actually withdrawn or diverted by
said town under authority of this act.
SECTION 5. Said town may, for the purpose of paying the necessary expenses and liabilities incurred or to be incurred under the provisions of this act, issue from time to
time bonds or notes in accordance with the provisions of section 8 of chapter 44 of the General Laws.
SECTION 6. Said town shall, at the time of authorizing said loan or loans, provide for the payment thereof in accordance with the provisions of section 5; and when a vote to
that effect has been passed, a sum which, with the income derived from the water rates, will be sufficient to pay the annual expense of operating the water works, and the
interest as it accrues on the bonds or notes issued as aforesaid, and to make such
payments on the principal as may be required under the provisions of this act, shall without further vote be assessed by the town annually thereafter in the same manner as
other taxes, until the debt incurred by the said loan or loans is extinguished.
SECTION 7. Whoever willfully or wantonly corrupts, pollutes or diverts any of the waters taken or held under this act, or injures any structure, work or other property
owned, held or used by said town under the authority and for the purposes of this act,
shall forfeit and pay to said town three times the amount of damages assessed therefore, to be recovered in an action of tort; and upon conviction of any one of the
above willful or wanton acts shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than one year, or both.
SECTION 8. All water operations of said town shall be consolidated in department of the town to be known as the water department. All the authority granted to the town by
this act, except sections 5 and 6, and not otherwise specially provided for, shall be vested in a five-member board of water commissioners, hereinafter known as the
“board”. The board shall have exclusive charge and control of the water department and
water system of the town, subject however to all lawful by-laws and to such instructions, rules and regulations as said town may impose by its vote. A majority of said board
shall constitute a quorum for the transaction of business. Any vacancy occurring in said board shall be filled at the next annual town election for the remainder of the unexpired
term and may be filled temporarily by the board of selectmen until the next annual election, in accordance with the charter of the town of Nantucket as it may be amended
from time to time. Said commissioners shall serve for three-year overlapping terms, so
arranged that the terms of not more than two commissioners shall expire each year.
SECTION 9. Said board shall fix just and equitable prices and rates for the use of water, and shall prescribe the time and manner of payment of such prices and rates.
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The income of the water works shall be applied to defraying all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes
issued under authority of this act. During any period that the water department is not operated under an enterprise fund system of accounting pursuant to section 53F1/2 of
chapter 44 of the General Laws, if there should be a net surplus remaining after providing for the aforesaid charges it shall, subject to appropriation by the town, be used
for such new construction as the water commissioners may recommend or be reserved
by the town for future new construction, and in case a surplus should remain after appropriation or reservation for such new construction, and/or in the event such surplus
is not so appropriated and reserved, the water rates shall be reduced proportionately. All authority vested in said board by the foregoing provisions of this section shall be
subject to the provisions of section 8 with respect to the town’s authority to adopt appropriate bylaws, rules, instructions regulations. Said board shall annually, and as
often as the town may require, render a report upon the condition of the works under its
charge and an account of its doings, including an account of receipts and expenditures.
SECTION 10. The town of Nantucket shall be the lawful successor of the Siasconset water district and the former Wannacomet Water Company, so-called, in every respect.
All property, both real and personal, including funds, records, furnishings and equipment
whatsoever in the custody of said department and company shall be transferred by operation of law to the town, and no contracts or liabilities of the Siasconset water
district or former Wannacomet Water Company in force on the effective date of this act shall be affected by the dissolution and abolition of the said district or company, except
as provided in section 16, below.
SECTION 11. The incumbent general manager of the Wannacomet Water
Company, so-called, holding office as of the effective date of this act shall serve as the director of the consolidated water department until the natural expiration of his current
appointment, or his sooner resignation, retirement or removal.
SECTION 12. Upon the effective date of this act, the so-called Siasconset water district,
created pursuant to chapter 404 of the acts of 1903, as amended, is hereby dissolved, the board of water commissioners created pursuant to said chapter 404 is abolished,
and the terms of any incumbent members of said board of water commissioners terminated.
SECTION 13. The enterprise funds previously established by vote of the town pursuant to section 53F1/2 of chapter 44 of the General Laws and referred to as the Siasconset
Water Enterprise Fund and the Wannacomet Water Enterprise Fund, to the extent they are in existence as of the effective date of this act, shall hereby be consolidated into a
single enterprise fund to be known as the Nantucket Water Department Enterprise Fund, which consolidated fund shall be subject to said section 53F1/2 in every respect.
SECTION 14. Any properly-adopted rules and regulations of the boards of water commissioners created pursuant to chapter 404 of the acts of 1903 and chapter 476 of
the acts of 1987, in effect upon the effective date of this act, shall remain in full force and
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effect until such time as they are amended or abolished by the board created under section 8 this act.
SECTION 15. Upon the effective date of this act, the then-applicable Memorandum of
Agreement between the Nantucket Water Commission and the Siasconset Water shall be rendered void, and the parties are relieved of their obligations under said
Memorandum of Agreement, except to the extent that any payments are outstanding for
services rendered prior to the effective date of this act.
SECTION 16. All personnel of the water department created under the section 8 of this act are town employees, and shall be appointed by the board created under said section
8, in accordance with and subject to the requirements of sections 4.5-4.9 of the town charter, chapter 289 of the acts of 1996 as it may be amended from time to time. Such
employees shall be subject to any applicable by-laws, and personnel policies and
procedures of the town, unless and only to the extent that such by-laws and personnel policies and procedures have been amended by any valid collective bargaining
agreement, where applicable. Nothing herein shall be construed to alter or amend the employment status of any existing water department employees, employed as of the
effective date of this act, except as provided in section 12, above.
SECTION 17. As of the effective date of this act, the members of the board of water
commissioners created by the provisions of chapter 404 of the acts of 1903 and chapter 476 of the acts of 1987, previously known as the Nantucket Water Commissioners, shall
become the first members of the five-member board of water commissioners created under section 8 of this act. Such commissioners shall serve for the remainder of their
elected terms or their sooner vacating of office. Thereafter, such offices shall be filled in
accordance with said section 8. Two additional commissioners shall be elected at the first annual town election occurring no less than 64 days after the passage of this act,
one for a 2-year term and one for a 3-year term. If the 2 additional positions would remain vacant for more than 4 months, the board of selectmen may, in its discretion,
make temporary appointments to fill the vacancies until the annual election at which the
offices may legally appear on the ballot. Thereafter, all elections and temporary appointments to the board shall be made in accordance with said section 8.
SECTION 18. Chapter 307 of the acts of 1925, chapter 436 of the acts of 1963, and
chapter 476 of the acts of 1987 are hereby repealed.
SECTION 19. This act shall take effect upon passage.
Or to take any other action related thereto.
(Board of Selectmen for Nantucket Water Commission, Siasconset Water Commission)
ARTICLE 88 (Home Rule Petition: Community Housing Bank Real Estate Transfer Fee)
To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act the text of which is set forth below and to
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authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in the text thereto as may be necessary or advisable in order to
accomplish the intent of this legislation in order to secure passage; or to take any other action related thereto.
An Act Authorizing the Town of Nantucket to Impose a Real Estate Transfer Fee for
Affordable and Workforce Housing and Related Capital Improvements
SECTION 1. For purposes of this act, the words and phrases set forth in this section
shall have the following meanings: “Affordable Housing Restriction" is a recorded instrument held by a qualified holder
which encumbers and/or restricts a real property interest so that the real property interest is perpetually or for a term of at least thirty (30) years limited to use as a
residence occupied by a low or moderate income household which earns less than a
specified income level, the upper limit of which may not exceed one hundred seventy-five percent (175%) of the Nantucket median income. A “qualified holder” is a
governmental body or charitable corporation or trust which qualifies under the terms of Massachusetts General Laws Chapter 184 (“Chapter 184”) to hold an affordable
housing restriction. Without limiting the generality of the foregoing, “Affordable Housing
Restriction” includes but is not limited to any instrument which conforms to the requirements of (i) a Nantucket Housing Needs Covenant as described in Chapter 301
of the Acts of 2002 and defined in the Town of Nantucket Code. "Housing and Community Development Fund", shall refer to a discrete fund or
account, established by the county treasurer of the Nantucket County under the provisions of this act.
"Eligible Applicants", shall refer to non-profit and for-profit corporations and
organizations, individuals, and public entities. "Purchaser", shall refer to the transferee, grantee or recipient of any real property
interest. "Purchase price", all consideration paid or transferred by or on behalf of a purchaser
to a seller or his nominee, or for his benefit, for the transfer of any real property interest,
and shall include, but not be limited to, all cash or its equivalent so paid or transferred; all cash or other property paid or transferred by or on behalf of the purchaser to
discharge or reduce any obligation of the seller; the principal amount of all notes or their equivalent, or other deferred payments, given or promised to be given by or on behalf of
the purchaser to the seller or his nominee; the outstanding balance of all obligations of
the seller which are assumed by the purchaser or to which the real property interest transferred remains subject after the transfer, determined at the time of transfer, but
excluding real estate taxes and other municipal liens or assessments which are not overdue at the time of transfer; the fair market value, at the time of transfer, of any other
consideration or thing of value paid or transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or services paid, transferred or
rendered in exchange for such real property interest.
"Real property interest", shall refer to any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any
beneficiary in a trust which holds any legal or equitable interest in real property, the interest of a partner or member in a partnership or limited liability company, the interest
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of a stockholder in a corporation, the interest of a holder of an option to purchase real property, the interest of a buyer or seller under a contract for purchase and sale of real
property, and the transferable development rights created under chapter 183A of the General Laws; but shall not include any interest which is limited to any of the following:
the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than 30
years; any reversionary right, condition, or right of entry for condition broken; and the
interest of a mortgagee or other secured party in any mortgage or security agreement. "Seller", shall refer to the transferor, grantor or immediate former owner of any real
property interest. "Time of transfer" of any real property interest shall mean the time at which such
transfer is legally effective as between the parties thereto, and, in any event, with respect to a transfer evidenced by an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder of the appropriate registry district, not later
than the time of such recording or filing. “Town” shall refer to the Town of Nantucket acting by and through the Board of
Selectmen.
SECTION 2. There is hereby imposed a fee equal to one half per cent (1/2%) of the
purchase price upon the transfer of any real property interest in any real property situated in Nantucket County. Said fee shall be the liability of the seller of such real
property interest, and any agreement between the purchaser and the seller or any other person with reference to the allocation of the responsibility for bearing said fee shall not
affect such liability of the seller. The fee shall be paid to the Town of Nantucket, or its designee, and shall be accompanied by a copy of the deed or other instrument
evidencing such transfer, if any, and an affidavit signed under oath or under the pains
and penalties of perjury by the purchaser or his legal representative and the seller or his legal representative, attesting to the true and complete purchase price and the basis, if
any, upon which the transfer is claimed to be exempt in whole or in part from the fee imposed hereby. The Town, or its designee, shall promptly thereafter execute and issue
a certificate indicating that the appropriate fee has been paid or that the transfer is
exempt from the fee, stating the basis for the exemption. The register of deeds for Nantucket County, and the assistant recorder for the registry district of Nantucket
County, shall not record or register, or receive or accept for recording or registration, any deed, except a mortgage deed, to which has not been affixed such a certificate
executed by the Town or its designee. Failure to comply with this requirement shall not
affect the validity of any instrument. The Town shall deposit all fees received hereunder with the Town treasurer. The treasurer shall deposit such fees as follows: 75% in the
Affordable Housing Trust Fund and the remainder in capital project funds as determined by the Board of Selectmen, unless such allocation is changed by the affirmative vote of
two-thirds of voters at an annual or special town meeting. The fee imposed hereunder shall be due simultaneously with the time of transfer of the transfer upon which it is
imposed. Notwithstanding the foregoing, whenever there is a conveyance of real
property interests and a conveyance of personalty related thereto at or about the same time, the allocations of payments between real estate and personalty agreed to by the
purchaser and seller shall not determine the amount of the fee due pursuant to this
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section; instead, the Town may require payment of the fee referred to in real property interests so conveyed as determined by the Town.
SECTION 3. At any time within seven days following the issuance of the certificate of
payment of the fee imposed by section two, the seller or his legal representative may return said certificate to the Town or its designee for cancellation, together with an
affidavit signed under oath or under the pains and penalties of perjury that the transfer,
with respect to which such certificate was issued, has not been consummated, and thereupon the fee paid with respect to such transfer shall be forthwith returned to the
seller or his legal representative.
SECTION 4. The following transfers of real property interests shall be exempt from the fee established by section 10. Except as otherwise provided, the seller shall have
the burden of proof that any transfer is exempt under this section and any otherwise
exempt transfer shall not be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by
Section 10. (a) Transfers to the government of the United States, the commonwealth, and any of
their instrumentalities, agencies or subdivisions, including but not limited to transfers to
the Town of Nantucket, the County of Nantucket. (b) Transfers which, without additional consideration, confirm, correct, modify or
supplement a transfer previously made. (c) Transfers made as gifts without consideration. In any proceedings to determine
the amount of any fee due hereunder, it shall be presumed that any transfer for consideration of less than fair market value of the real property interest transferred was
made as a gift without consideration to the extent of the difference between the fair
market value of the real property interest transferred and the amount of consideration claimed by the seller to have been paid or transferred, if the purchaser shall have been
at the time of transfer the spouse, the lineal descendant, or the lineal ancestor of the seller, by blood or adoption, and otherwise it shall be presumed that consideration was
paid in an amount equal to the fair market value of the real property interest transferred,
at the time of transfer. (d) Transfer to the trustees of a trust in exchange for a beneficial interest received by
the purchaser in such trust; distributions by the trustees of a trust to the beneficiaries of such trust.
(e) Transfers by operation of law without actual consideration, including but not
limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property interest.
(f) Transfers made in partition of land and improvements thereto, under chapter two hundred and forty-one of the General Laws.
(g) Transfers to any charitable organization as defined in clause Third of section five of chapter fifty-nine of the General Laws, or any religious organization, provided that the
real property interest so transferred will be held by the charitable or religious
organization solely for its public charitable or religious purposes. (h) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee,
and transfers of the property subject to a mortgage to the mortgagee in consideration of the forbearance of the mortgagee from foreclosing said mortgage.
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(i) Transfers made to a corporation or partnership or limited liability company at the time of its formation, pursuant to which transfer no gain or loss is recognized under the
provisions of section three hundred and fifty-one or seven hundred and twenty-one of the Internal Revenue Code of 1986, as amended; provided, however, that such transfer
shall be exempt only in the event that (1) with respect to a corporation, the transferor retains an interest in the newly formed corporation which is equivalent to the interest the
transferor held prior to the transfer, or (2) with respect to a partnership or limited liability
company, the transferor retains after such formation rights in capital interests and profit interests within such partnership or limited liability company which are equivalent to the
interest the transferor held prior to the transfer. (j) Transfers made to a stockholder of a corporation in liquidation or partial liquidation
of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited
liability company; but the transfer shall be exempt only if (i) with respect to a corporation,
the transferee receives property (including real property interests and other property received) which is the same fraction of the total property of the transferor corporation as
the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives
property (including real property interests and other property received) which is the
same fraction of the property of the partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the
transferee. (k) Transfers consisting of the division of marital assets under the provisions of
section thirty-four of chapter two hundred and eight of the General Laws or other provisions of law.
(l) Transfers of property consisting in part of real property interests situated in
Nantucket County and in part of other property interests, to the extent that the property transferred consists of property other than real property situated in Nantucket county;
provided that the purchaser shall furnish the Town with such information as it shall require or request in support of the claim of exemption and manner of allocation of the
consideration for such transfers.
(m) The first $2 million of the sale price of any transfer or series of transfers of real property interests in a single parcel. Said exemption may be adjusted for inflation as
determined annually by the affirmative vote of two-thirds of voters at an annual or special town meeting. For purposes of this subsection, "inflation" shall mean the
increases, if any, in the total of prices paid for real property transfers year to year for real
property within the Town of Nantucket. (n) Transfers of minority interests in corporations, trusts, partnerships or limited
liability companies which are publicly traded, which trades are not part of a series of transfers which together constitute a transfer of control of a corporation, trust,
partnership or limited liability company.
SECTION 5. (a) The Town treasurer shall keep a full and accurate account stating
when, from or to whom, and on what account money has been paid or received relative to the activities of the Trust Fund and the Housing Fund. Said account shall be subject
to examination by the director of accounts or his agent pursuant to section forty-four of chapter thirty-five of the General Laws.
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(b) Schedules of beneficiaries of trusts, list of stockholders of corporations and lists of partnerships filed with the Trust Fund for the purpose of determining or fixing the
amount of the fee imposed under section ten or for the purpose of determining the existence of any exemption under section twelve shall not be public records for the
purposes of section ten of chapter sixty-six of the General Laws.
SECTION 6. A seller who fails to pay all or any portion of the fee established by
section two on or before the time when the same is due shall be liable for the following additional payments in addition to said fee:
(a) Interest: The seller shall pay interest on the unpaid amount of the fee to be calculated from the time of transfer at a rate equal to fourteen per cent per annum.
(b) Penalties: Any person who, without fraud or willful intent to defeat or evade a fee imposed by this chapter, fails to pay all or a portion of the fee within thirty days after the
time of transfer, shall pay a penalty equal to five per cent of the outstanding fee as
determined by the Town for each month or portion thereof thereafter that the fee is not paid in full; provided, however, that in no event shall the amount of any penalty imposed
hereunder exceed twenty-five per cent of the unpaid fee due at the time of transfer. Whenever the Town determines that all or a portion of a fee due under this chapter was
unpaid due to fraud with intent to defeat or evade the fee imposed by this chapter, a
penalty equal to the amount of said fee as determined by the Town shall be paid by the seller in addition to said fee.
SECTION 7. (a) The Town shall notify the purchaser and the seller by registered or
certified mail of any failure to discharge in full the amount of the fee due under this Act and any penalty or interest assessed. The Town shall grant a hearing on the matter of
the imposition of said fee, or of any penalty or interest assessed, if a petition requesting
such hearing is received by the Town within thirty days after the mailing of said notice. The Town shall notify the purchaser and the seller in writing by registered or certified
mail of its determination concerning the deficiency, penalty or interest within fifteen days after said hearing. Any party aggrieved by a determination of the Town concerning a
deficiency, penalty or interest may, after payment of said deficiency, appeal to the
district or superior court within three months after the mailing of notification of the determination of the Town. Upon the failure to timely petition for a hearing, or appeal to
said courts, within the time limits hereby established, the purchaser and seller shall be bound by the terms of the notification, assessment or determination, as the case may
be, and shall be barred from contesting the fee, and any interest and penalty, as
determined by the Town. All decisions of said courts shall be appealable. Every notice to be given under this section by the Town shall be effective if mailed by certified or
registered mail to the purchaser or the seller at the address stated in a recorded or registered instrument by virtue of which the purchaser holds any interest in land, the
transfer of which gives rise to the fee which is the subject of such notice; and if no such address is stated or if such transfer is not evidenced by an instrument recorded or
registered in the public records in Nantucket County, such notice shall be effective when
so mailed to the purchaser or seller in care of any person appearing of record to have a fee interest in such land, at the address of such person as set forth in an instrument
recorded or registered in Nantucket County.
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(b) All fees, penalties and interest required to be paid pursuant to this chapter shall constitute a personal debt of the seller and may be recovered in an action of contract or
in any other appropriate action, suit or proceeding brought by the Town; said action, suit or proceeding shall be subject to the provisions of chapter two hundred and sixty of the
General Laws. (c) If any seller liable to pay the fee established by this act neglects or refuses to pay
the same, the amount, including any interest and penalty thereon, shall be a lien in favor
of the Town upon all property and rights to property, whether real or personal, belonging to either such purchaser or such seller. Said lien shall arise at the time of transfer and
shall continue until the liability for such amount is satisfied. Said lien shall in any event terminate not later than six years following the time of transfer. Said lien shall not be
valid as against any mortgagee, pledgee, purchaser or judgment creditor unless notice thereof has been filed by the Town (i) with respect to real property or fixtures, in the
registry of deeds for Nantucket County, or (ii) with respect to personal property, in the
office in which a security or financing statement or notice with respect to the property would be filed in order to perfect a nonpossessory security interest belonging to the
person named in the relevant notice, subject to the same limitations as set forth in section fifty of chapter sixty-two C of the General Laws.
(d) Sellers applying for an exemption under subsections (a) through (o) of section four
shall be required at the time of application for exemption to execute an agreement legally binding on sellers and separately legally binding upon any Legal Representative
of the sellers (1) assuming complete liability for any fee, plus interest and penalties if any, waived on account of an allowed exemption subsequently determined to have been
invalid, and (2) submitting to the jurisdiction of the trial court of the commonwealth sitting in Nantucket County. Fees, plus interest and penalties if any, shall be calculated as of
the date of the initial property transfer. Execution of the above-described agreement
shall not be required of any mortgagee, pledge, purchaser or judgment creditor unless notice of the agreement has been recorded or filed by the Town.
In any case where there has been a refusal or neglect to pay any fee, interest or penalties imposed by this act, whether or not levy has been made, the Town, in addition
to other modes of relief, may direct a civil action to be filed in a district or superior court
of the commonwealth to enforce the lien of the Town under this section with respect to such liability or to subject any property of whatever nature, of the delinquent, or in which
he has any right, title or interest, to the payment of such liability. The Town may issue a waiver or release of any lien imposed by this section. Such
waiver or release shall be conclusive evidence that the lien upon the property covered
by the waiver or release is extinguished.
SECTION 8. The provisions of this act are severable, and if any provision hereof, including without limitation any exemption from the fee imposed hereby, shall be held
invalid in any circumstances such invalidity shall not affect any other provisions or circumstances. This act shall be construed in all respects so as to meet all
constitutional requirements. In carrying out the purposes and provisions of this act, all
steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute.
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SECTION 9. If the Town has determined that a fee is due by asserting the application of the evasion of fee doctrine described in section 13, then the seller shall
have the burden of demonstrating by clear and convincing evidence as determined by the Town that the transfer, or series of transfers, possessed both: (i) a valid, good faith
business purpose other than avoidance of the fee set forth in section 10 and (ii) economic substance apart from the asserted fee avoidance benefit. In all such cases,
the transferee shall also have the burden of demonstrating by clear and convincing
evidence as determined by the Town that the asserted non-fee-avoidance business purpose is commensurate with the amount of the fee pursuant to section 10 to be
thereby avoided.
SECTION 10. This act shall take effect ninety (90) days following the date of passage.
(Board of Selectmen)
ARTICLE 89 (Home Rule Petition: Amending Special Act Authorizing Affordable Housing Covenants)
To see if the Town will vote to request its representatives in the General Court to
introduce special legislation seeking a special act in the form set forth below, amending Chapter 301 of the Acts of 2002, and to authorize the General Court, with the approval
of the Board of Selectmen, to make constructive changes in the text as may be necessary or advisable in order to accomplish the intent of this legislation in order to
secure passage; or to take any other action related thereto.
AN ACT AMENDING THE ACT AUTHORIZING AFFORDABLE HOUSING
COVENANTS IN THE TOWN OF NANTUCKET.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 2 of Chapter 301 of the Acts of 2002, “An Act Authorizing
Affordable Housing Covenants in the Town of Nantucket,” is hereby repealed and the
following text is inserted in its place:
Section 2. Notwithstanding the provisions of any general or special law to the contrary, the town of Nantucket may adopt by-laws to designate the Nantucket
Housing Authority as the agency authorized to create, administer and enforce
Nantucket housing needs covenants. These covenants shall run with the land for a specified number of years or if no termination date is specified then in
perpetuity, and shall be executed by or on behalf of the owner of the land appropriate to (a) limiting the use of all or part of the land to occupancy by
persons or families of middle income in either rental or other housing, except for a “qualified family member” as defined in Section 8B(2) of Chapter 139 (Zoning)
of the Code of Nantucket who shall be exempt from the established income and
asset limits otherwise required in said covenants, (b) restricting the resale price of all or part of the property in order to ensure its affordability by future middle
income purchasers, or (c) in any way limiting or restricting the use or enjoyment
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of all or any portion of the land for the purpose of encouraging or ensuring the creation or retention of rental and other housing for occupancy by middle income
persons and families.
SECTION 2. This act shall take effect upon its passage.
(Board of Selectmen)
ARTICLE 90
(Amendments to Chapter 100 of the Code of the Town of Nantucket) To see if the Town will vote to amend Sections 100-1, 100-2, 100-3(A), (B) and
(C), and 100-7 of the Code of the Town of Nantucket as follows (NOTE: new text shown as highlighted):
§ 100-1. Designation and authorization of Nantucket Housing Authority.
By this chapter, which shall be known as Chapter 100 of the Code of the Town of Nantucket, Massachusetts, the Town, pursuant to Section 2 of Chapter 301 of the Acts
of 2002,[1] as amended, hereby establishes the program hereafter to be known as the
"Nantucket Housing Needs Covenant Program" and designates the Nantucket Housing Authority (the "Authority") as the agency to create, administer and enforce Nantucket
Housing Needs Covenants under the Nantucket Housing Needs Covenant Program. The Authority may, pursuant to applicable law, implement the Nantucket Housing Needs
Covenant Program through contracts with qualified entities, or by otherwise obtaining assistance for some or all aspects of the Nantucket Housing Needs Covenant Program,
if the Authority determines that such assistance is in the public interest.
[1] Editor's Note: See Ch. A301, § A301-11, Affordable housing covenants.
§ 100-2. Purpose and means.
As set forth in Chapter 301 of the Acts of 2002, as amended, the purpose of the
Nantucket Housing Needs Covenant Program is to create, make available and maintain housing that is affordable to those who earn less than 150% of the Nantucket County
median household income, from those situated in lower income groups, to those situated in more moderate or middle income groups, to help all these groups to continue
to reside on Nantucket if they wish to do so, and to generate and preserve affordable
housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity and unique sense of community. To accomplish these important community
objectives, the Authority may, within the Nantucket Needs Housing Program, create, administer and enforce a series of Nantucket Housing Needs Covenants (an "NHNC").
§ 100-3. Subprograms; ownership and rental covenants.
A. Within the Nantucket Housing Needs Covenant Program, the Authority may create and administer a series of subprograms and NHNCs, based on different
levels of household income, provided that no subprogram or NHNC shall be created for or available to people or households earning more than 150% of the
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Nantucket County median household income (a "subprogram"), except for a “qualified family member” as defined in Section 8B(2) of Chapter 139 (Zoning) of
the Code of the Town of Nantucket who shall be exempt from the established income and asset limits of the Nantucket Housing Needs Covenant Program. For
illustration only, without limitation, a subprogram may be established hereunder based on affordability to people or households earning at or below 80% of the
Nantucket County median income. For each Nantucket Housing Needs Covenant
Program subprogram there shall be created an appropriate NHNC to effectuate said subprogram.
B. Nantucket Housing Needs Covenant ("NHNC"). An NHNC may regulate the
terms of the purchase, sale and ownership of real property, including real property held as a condominium, or an NHNC may regulate the terms of the rental of real property, or both.
(1) The Authority may create a series of subprograms and NHNCs that relate
to and regulate the terms of the purchase, sale and ownership of real property not held as a condominium, which NHNCs shall be known as an
"Nantucket Housing Needs Covenant — Ownership Form." A “qualified
family member” as defined in Section 8B (2) of Chapter 139 (Zoning) of the Code of the Town of Nantucket shall be exempt from the established
income and asset limits of the Nantucket Housing Needs Covenant Program, and the established income and asset limits shall not be
included as requirements in any NHNC-Ownership Form for such qualified family member.
(2) The Authority may create a series of subprograms and NHNCs that relate to and regulate the terms of the purchase, sale and ownership of real
property held as a condominium, which NHNCs shall be known as an "Nantucket Housing Needs Covenant — Condominium Form."
(3) The Authority may create a series of subprograms and NHNCs that relate to and regulate the terms of the rental and leasing of real property, which
NHNCs shall be known as an "Nantucket Housing Needs Covenant — Rental Form."
C. The Nantucket Housing Needs Covenant Program, each subprogram and each NHNC shall include, without limitation, provisions, consistent with this Chapter
100, with Chapter 301 of the Acts of 2002, as amended, and with Chapter 184 of the Massachusetts General Laws, if applicable under § 100-7 herein below,
addressing the following elements:
(1) Income and asset limits for eligible households (except for a “qualified
family member” referred to in Sections A and B (1) above);
(2) A definition of affordability;
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(3) An affordability use restriction on the properties affected by a subprogram and an NHNC;
(4) Procedures whereby the Authority shall periodically receive and review
reports pertaining to each NHNC;
(5) Provisions that the Nantucket Housing Needs Covenant Program, each
subprogram and each NHNC shall be created and administered in a nondiscriminatory manner; and
(6) Enforcement provisions designed to assure compliance with the purpose
and intent of this Chapter 100 and with the Nantucket Housing Needs Covenant Program, subprograms and NHNCs. [1] Editor's Note: See Ch. A301, § A301-11, Affordable housing covenants.
§ 100-7. Relation to Chapter 184 of Massachusetts General Laws.
In the event that any NHNC may not be enforceable in perpetuity under Chapter 301 of
the Acts of 2002,[1] as amended, or where the Authority determines that it would further
the intent and purpose of this Chapter 100, the Authority may require that, in addition to the requirements of this Chapter 100, any NHNC also conform to the requirements of
Chapter 184 of the Massachusetts General Laws, as amended, relative to the creation and maintenance of perpetual affordable housing restrictions.
[1] Editor's Note: See Ch. A301, § A301-11, Affordable housing covenants.
Or to take any action related thereto.
(Board of Selectmen)
ARTICLE 91
(Conveyance of Easement on 30 Surfside Road to Verizon)
To see if the Town will vote to authorize the Board of Selectmen to convey a perpetual non-exclusive easement to Verizon New England, Inc. for such purposes to
access, construct, operate, maintain, connect, replace and remove manholes and conduits and any other equipment and facilities as required for the transmission and/or
distribution of telecommunications over, across, upon and under a portion of certain
Town-owned land located at 30 Surfside Road, Nantucket, shown as Lot 1 on a plan of land recorded with Nantucket County Registry of Deeds in Plan Book 18, Page 88 and
Lot 3 on a plan of land recorded with said Deeds in Plan Book 20, Page 60, and as more particularly described in deeds recorded with said Deeds in Book 143, Page 181 and
Book 169, Page 175, said easement area being shown on a plan filed with the Office of the Town Clerk; or to take any other action related thereto.
(Board of Selectmen)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 92 (Conveyance of Easement on 30 Surfside Road to Nantucket Electric)
To see if the Town will vote to authorize the Board of Selectmen to convey a perpetual non-exclusive easement to Nantucket Electric Company for such purposes to
access, install, construct, repair, replace, add to, maintain and operate for the transmission of high and low voltage electric current and for the transmission of
intelligence an underground electric distribution system in, through, under, over, across
and upon a portion of certain Town-owned land located at 30 Surfside Road, Nantucket, shown as Lot 1 on a plan of land recorded with Nantucket County Registry of Deeds in
Plan Book 18, Page 88 and Lot 3 on a plan of land recorded with said Deeds in Plan Book 20, Page 60, and as more particularly described in deeds recorded with said
Deeds in Book 143, Page 181 and Book 169, Page 175, said easement area being shown on a plan filed with the Office of the Town Clerk; or to take any other action
related thereto.
(Board of Selectmen)
ARTICLE 93
(Real Estate Acquisition: Various Easements and Misc. Parcels)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for public way, sewer, open space and/or general
municipal purposes and for the purpose of conveyance the fee title or lesser interests, together with any public and private rights of passage, in all or any portions of the
following right of ways, easements or parcels of land:
Allen’s Lane from the northern sideline of First Way to its northern termini
and from the southern sideline of First Way to the northern sideline of Second Way;
Former railroad right-of-way between the sideline of Sparks Avenue and
Pleasant Street;
338 Madaket Road, Map 60, Parcel 125 (Lot 827-LC Plan 3092-94);
Map 88, Parcel 37 (Surfside, portion of Blocks 266 and 275);
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 93 Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January
2017 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
ARTICLE 94 (Real Estate Conveyance: Various “Paper” Streets and Misc. Parcels)
To see if the Town will vote to authorize the Board of Selectmen to (1) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the
subject land pursuant to Chapter 30B of the Massachusetts General Laws, (2) dedicate all or any portion of the subject land for open space and recreational purposes, and/or
(3) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of
the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include
the reservation of easements and restrictions, in regard to the following land:
Lots B and M on Plan No. 2016-47 (formerly part of Copeland Street and Mequash Avenue, Surfside);
143A and 143E Surfside Road, Map 80 Parcels 101.2 and 101.6;
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article 94 Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January
2017 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 95
(Real Estate Acquisition: Nancy Ann Lane)
To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain, for public access and public safety purposes and for
purposes of conveyance of the fee title or lesser interests therein, together with any and all public and / or private rights, in the land, including a portion of the existing right of
way of known as Nancy Ann Lane as depicted on Land Court Plan 16514-Z, consisting
of approximately 33,129 square feet, as shown on the plan attached hereto and on file with the office of the Town Clerk; and provided further that the Board of Selectmen shall
not exercise its vote to acquire the property by eminent domain or otherwise until they have determined that the record landowner(s) of the property described above agrees to
reimburse the Town for any and all engineering, legal and other costs incurred and for
the payment of any monetary damages related to the taking by eminent domain pursuant to Massachusetts General Laws Chapter 79 or any other damages and costs
incurred by the Town related thereto; or to take any other action related thereto,.
(Patricia Roggeveen, et al)
ARTICLE 96
(Real Estate Conveyance: Nancy Ann Lane) To see if the Town will vote to authorize the Board of Selectmen to convey, sell,
or otherwise dispose of the fee title or lesser interests of all or any portion of the following described land, including a portion of the existing right of way known as
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Nancy Ann Lane as depicted on Land Court Plan 16514-Z, containing of approximately 33,129 square feet, and as shown on the plan attached hereto and on file with the office
of the Town Clerk, pursuant to Massachusetts General Laws Chapter 30B; any such disposition to be on such terms and conditions as the Board of Selectmen deem
appropriate, provided the disposition is consistent with the purposes for which the property interest was acquired; or to take any other action related thereto..
(Patricia Roggeveen, et al)
ARTICLE 97 (Real Estate Acquisition: Mayflower Circle, Daffodil Lane)
To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain, for affordable housing purposes pursuant to Chapter 139, Section 8D of the Code of the Town of Nantucket and for purposes of conveyance
of the fee title or lesser interests, together with any and all public and / or private rights, in the land shown as the western portions of Mayflower Circle and Daffodil Lane being
portions of Lot # 615 and Lot # 663, respectively, on Land Court Plan 16514-40, and containing approximately 16,004 square feet and 12,721 square feet, as shown on the
plan attached hereto and filed with the office of the Town Clerk; and provided further that
the Board of Selectmen shall not exercise its vote to acquire the property by eminent domain or otherwise until they have determined that the record landowner(s) of the
property described above agrees to reimburse the Town for any and all engineering, legal and other costs incurred and for the payment of any monetary damages related to
the taking by eminent domain pursuant to Massachusetts General Laws Chapter 79 or any other damages and costs incurred by the Town related thereto; or to take any other
action related thereto.
(Patricia Roggeveen, et al)
ARTICLE 98
(Real Estate Conveyance: Mayflower Circle, Daffodil Lane)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell, or otherwise dispose of the fee title or lesser interests of all or any portion of the land
shown as the western portions of Mayflower Circle and Daffodil Lane, being portions of Lot # 615 and Lot # 663, on Land Court Plan 16514-40, and containing respectively
approximately 16,004 square feet and 12,721 square feet, as shown on the plan
attached hereto and on file with the Office of the Town Clerk, pursuant to Massachusetts General Laws Chapter 30B; any such disposition to be on such terms and conditions as
the Board of Selectmen deem appropriate, provided the disposition is consistent with the purposes for which property was acquired; or to take any other action related
thereto.
(Patricia Roggeveen, et al)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
Article 99 (Real Estate Acquisition: North Road)
To see if the Town will vote to: authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for general municipal purposes and for the purpose of
conveyance of the fee or lesser interests, together with any public or private rights of passage, in the portion of North Road (Shimmo) between the extended western sideline
of land shown upon Assessor Map 43 as Parcel 79 and the extended easterly sideline of
the land shown upon Assessor Map 43 and Parcel 128, approximately 470+/- feet in length, or to take any other action related thereto.
(Steven Cohen, et al)
ARTICLE 100
(Real Estate Conveyance: North Road)
To see if the Town will vote to: authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or an portion of the subject land
pursuant to M.G.L., c. 30B and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, any such disposition to be such terms
and conditions as the Board of Selectmen deem appropriate, which may include the
reservation of easements and restrictions, in the portion of North Road (Shimmo) between the extended western sideline of land shown upon Assessor Map 43 as Parcel
79 and the extended easterly sideline of the land shown upon Assessor Map 43 and Parcel 128, approximately 470+/- feet in length, or to take any other action related
thereto.
(Steven Cohen, et al)
ARTICLE 101
(Real Estate Acquisition: Sandwich Road) To see if the Town will vote to: authorize the Board of Selectmen to acquire by
purchase, gift or eminent domain, for general municipal purposes and for the purpose of
conveyance of the fee or lesser interests, together with any public or private rights of passage, in the portion of Sandwich Road (Monomoy) lying between the northerly line of
Chatham Road and the extended north easterly sideline of the land known and numbered at 8 Monomoy Road, shown upon Assessor Map 54 and Parcel 196,
approximately 385+/- feet in length, or to take any other action related thereto.
(Steven Cohen, et al)
ARTICLE 102
(Real Estate Conveyance: Sandwich Road) To see if the Town will vote to: authorize the Board of Selectmen to sell, convey
or otherwise dispose of the fee or lesser interests of all or an portion of the subject land
pursuant to M.G.L., c. 30B and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, any such disposition to be such terms
and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in the portion of Sandwich Road (Monomoy)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
lying between the northerly line of Chatham Road and the extended north easterly sideline of the land known and numbered at 8 Monomoy Road, shown upon Assessor
Map 54 and Parcel 196, approximately 385+/- feet in length, or to take any other action related thereto.
(Steven Cohen, et al)
ARTICLE 103 (Real Estate Acquisition: Scott’s Way)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests together with any public or
private rights of passage for public ways, open space, conveyance and/or general municipal purposes in all or any portion of the unconstructed right of way known as Scotts Way from a line extending across Scotts Way at a point at the southeasterly
corner of Map 67, Parcel 168, to the northern sideline of Lovers Lane, approximately 2,575 linear feet.
Or to take any other action related thereto.
(Christopher L .Ray, et al)
ARTICLE 104 (Real Estate Conveyance: Scotts Way)
To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interests in a portion of land known as Scotts
Way from a line extending across Scotts Way at a point at the southeasterly corner of
Map 67, Parcel 168, to the northern sideline of Lovers Lane, approximately 2,575 linear feet, subject to Chapter 30B on the Massachusetts General Laws and guidelines
established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, such disposition to be on such terms and conditions as the Board of
Selectmen deem appropriate, which may include the reservation of easements and
restrictions.
Or to take any other action related thereto.
(Christopher L. Ray, et al)
ARTICLE 105
(Real Estate Conveyance: 131, 135 Pleasant Street) Subsequent to the Town relocating the municipal Fire Department operations, to
see if the Town will vote to transfer the parcel of land described below from municipal public safety purposes, to the Board of Selectmen to be held for the purpose of
conveyance; all or any portion of 131 & 135 Pleasant Street thereof for a public purpose
including without limitation, funeral home purposes by a non-profit entity pursuant to Chapter 261 of the Acts of 2014, subject to MGL Chapter 30B, any such disposition to
be on such terms and conditions as the Board of Selectmen deem appropriate:
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
•Assessors Map 55 Parcels 270 & 271, AKA the Nantucket Fire Department,
[Said funeral home operation to be built, or in the case of an existing buildings on town-owned land, to be renovated, and run by a non-profit entity pursuant to Chapter 261 of
the Acts of 2014. The Non-profit entity shall raise all funds to build, renovate, and maintain the funeral home operation. No municipal funds shall be required.]
Or to take any other action related thereto.
(Catherine Flanagan Stover, et al)
ARTICLE 106 (Real Estate Conveyance: 2, 4, 6, 8 Ticcoma Way)
To see if the Town will vote to transfer the parcel of land described below from
municipal or county vacant land to the Board of Selectmen to be held for the purpose of conveyance, all or any portion of 2, 4, 6, and 8 Ticcoma Way thereof for a public
purpose including without limitation, funeral home purposes by a non-profit entity pursuant to Chapter 261 of the Acts of 2014, subject to MGL Chapter 30B, any such
disposition to be on such terms and conditions as the Board of Selectmen deem
appropriate:
•Assessors Map 67 Parcels 700, 701, 702, and 703,
[Said funeral home operation to be built, or in the case of an existing buildings on town-owned land, to be renovated, and run by a non-profit entity pursuant to Chapter 261 of
the Acts of 2014. The Non-profit entity shall raise all funds to build, renovate, and
maintain the funeral home operation. No municipal funds shall be required.]
Or to take any other action related thereto.
(Catherine Flanagan Stover, et al)
ARTICLE 107
(Real Estate Conveyance: 9 East Creek Road) In the case of the Town voting to relocate our municipal nursing home, to see if
the Town will vote to transfer the parcel of land described below from municipal nursing
home purposes to the Board of Selectmen to be held for the purpose of conveyance, all or any portion of 9 East Creek Road thereof for a public purpose including without
limitation, funeral home purposes by a non-profit entity pursuant to Chapter 261 of the Acts of 2014, subject to MGL Chapter 30B, any such disposition to be on such terms
and conditions as the Board of Selectmen deem appropriate:
•Assessors Map 55 Parcel 59, AKA Our Island Home, formerly known as The Asylum
[Said funeral home operation to be built, or in the case of an existing buildings on town-
owned land, to be renovated, and run by a non-profit entity pursuant to Chapter 261 of
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
the Acts of 2014. The Non-profit entity shall raise all funds to build, renovate, and maintain the funeral home operation. No municipal funds shall be required.]
Or to take any other action related thereto.
(Catherine Flanagan Stover, et al)
ARTICLE 108 (Real Estate Acquisition: Paper Streets- Hollister and West Quaise Roads)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portion of the
following unconstructed rights of way, together with any public and private rights of passage, for public ways, open space, conveyance and/or general municipal purposes:
• West Quaise Road from the northern sideline of Hollister Road to the southern sideline of Quaise Road;
• Hollister Road from the western sideline of Bassett Road to its terminus.
And to see if the Town will vote to appropriate, borrow pursuant to applicable statute or
transfer from available funds, a sum of money for such purposes.
All as shown on a map entitled “2017 Annual Meeting Warrant Article ___” dated October 2017 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Lucy Dillon, et al)
ARTICLE 109 (Real Estate Conveyance: Paper Streets – Hollister and West Quaise Roads)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey,
or otherwise dispose of the fee or lesser interests in all or any portion of the following unconstructed rights of way, subject to Chapter 30B of the Massachusetts General Laws
and guidelines established under the “Nantucket Yard Sales Program” on file at the Board of Selectmen’s office, such disposition to be on any such terms and conditions as
the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions:
• West Quaise Road from the northern sideline of Hollister Road to the southern sideline of Quaise Road;
• Hollister Road from the western sideline of Bassett Road to its terminus.
All as shown on a map entitled “2017 Annual Town Meeting Warrant Article ___” dated
October 2017 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
(Lucy Dillon, et al)
ARTICLE 110 (Real Estate Acquisition: Unnamed Private Ways off Low Beach Road, Sconset)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for general municipal purposes and for the purpose of
conveyance of the fee title or lesser interests, together with any public or private rights
of passage, in all or any portions of the unnamed private ways off Low Beach Road, Siasconset, shown upon a “Plan of Rule Lot at South End of ‘Sconset” by R. N. Allen,
Surveyor, recorded with the Nantucket Registry of Deeds in Plan Book 4, Page 7, and lying adjacent to or within the lands situated at and known as 54 Morey Lane, 1 Low
Beach Road, 3 Low Beach Road, 11 Low Beach Road, 13 Low Beach Road, 15 Low Beach Road and 17 Low Beach Road (Assessor’s Parcels 73.3.2-54, 73.3.2-27, 73.3.2-29, 73.3.2-34, 74-45, 74-84 and 74-85, respectively); or to take any other action related
thereto.
(Arthur I. Reade, Jr., et al)
ARTICLE 111
(Real Estate Conveyance: Unnamed Private Ways off Low Beach Road, Sconset) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of the fee or lesser interests of all or any portion of the subject land pursuant to M.G.L., c. 30B, and guidelines established under the “Nantucket Yard
Sales” program on file at the Board of Selectmen’s office, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may
include the reservation of easements and restrictions, in all or any portions of the
unnamed private ways off Low Beach Road, Siasconset, shown upon a “Plan of Rule Lot at South End of ‘Sconset” by R. N. Allen, Surveyor, recorded with the Nantucket
Registry of Deeds in Plan Book 4, Page 7, and lying adjacent to or within the lands situated at and known as 54 Morey Lane, 1 Low Beach Road, 3 Low Beach Road, 11
Low Beach Road, 13 Low Beach Road, 15 Low Beach Road and 17 Low Beach Road
(Assessor’s Parcels 73.3.2-54, 73.3.2-27, 73.3.2-29, 73.3.2-34, 74-45, 74-84 and 74-85, respectively); or to take any other action related thereto.
(Arthur I. Reade, Jr., et al)
ARTICLE 112 (Appropriation: Stabilization Fund)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of
the Stabilization Fund in accordance with Chapter 40 section 5B of the Massachusetts General Laws, from which appropriations may be made by a two-thirds vote of an
Annual or Special Town Meeting for any purpose for which a municipality may borrow
money or for any other lawful purpose; said sum not to exceed ten percent (10%) of the Fiscal Year 2017 tax levy.
Or to take any other action related thereto.
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
(Board of Selectmen)
ARTICLE 113
(Appropriation: Free Cash) To see what sum the Town will vote to transfer from Free Cash in the treasury to
meet the appropriations for the current and/or ensuing Fiscal Year and to authorize the
Assessors to use in the fixing the tax rate, pass any vote, or take any other action related thereto.
(Board of Selectmen)
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
To act upon and transact any business relative to the foregoing subjects which may, then and there, come before said meeting.
In addition, you are directed to notify and warn the inhabitants of the Town of Nantucket
qualified to vote in Town affairs to go to the Nantucket High School at 10 Surfside Road in said Nantucket, on
TUESDAY, THE ELEVENTH DAY OF APRIL, 2017 BETWEEN THE HOURS OF 7:00 AM and 8:00 PM
for the following purpose:
To cast their votes in the Annual Town Election for the election of candidates for the following offices:
Moderator One for a term of one year
Selectman Two for terms of three years
School Committee Two for terms of three years
Historic District Commission Two for terms of three years
Nantucket Islands Land Bank Commission One for a term of five years
Harbor and Shellfish Advisory Board Two for terms of three years
Community Preservation Committee Two for terms of three years
Planning Board One for a term of five years
Nantucket Water Commission One for a term of three years
Siasconset Water Commission One for a term of three years
And, to cast their vote as “YES” or “NO” on the following ballot questions:
1. Non-Binding Public Opinion Advisory Question
Shall the Town of Nantucket make town-owned land available for funeral home purposes: Said funeral home operation to be built, or in the case of an existing buildings
on town-owned land, to be renovated, and run by a non-profit entity pursuant to Chapter
261 of the Acts of 2014?
[Said land shall be subject to lease pursuant to MGL Chapter 30B. The Non-profit entity shall raise all funds to build, renovate, and maintain the funeral home operation. No
municipal funds shall be required.]
2. Debt Exclusion for New Our Island Home Facility
Shall the Town of Nantucket be allowed to exempt from the provisions of Proposition two and one-half, so-called, the amounts required to pay for the bond issued for the
purpose of constructing a new facility for Our Island Home to be located at 44 and 48
Miacomet Road, and a portion of the abutting parcel located at 21 South Shore Road presently owned by the Town and leased to the Residences at Sherburne Commons,
Inc., including the costs of professional services for design, permitting, engineering, construction supervision, materials, and other related professional services, and any
other costs incidental and related thereto.
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Town of Nantucket 2017 Annual Town Meeting and Election Warrant
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Hereof fail not and make due return of this Warrant with your doings thereon to the
Town Clerk at the time and place of meeting and election aforesaid.
Given under our hands this 18th day of January in the year Two Thousand Seventeen.
____________________________________
James R. Kelly, Chairman
____________________________________
Dawn E. Hill Holdgate, Vice Chairman
____________________________________ Rick Atherton
____________________________________
Robert R. DeCosta
____________________________________
Matthew G. Fee
SELECTMEN OF NANTUCKET, MA
Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the
Warrant of January 18, 2017 I have notified and warned the inhabitants of the Town of
Nantucket qualified to vote in Town affairs to appear at the times and place and for the
purposes within mentioned by posting said notification on __________________ at the
Stop & Shop on Pleasant Street, the Town and County Building at 16 Broad Street; and
upon the Bulletin Boards at the corner of Main and Federal Streets, and Siasconset
Square.
Sworn to under pains and penalties of perjury,
___________________________________________________ Catherine Flanagan Stover, Constable