HomeMy WebLinkAbout110617 BOS STM warrant FINAL
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
WARRANT FOR
Monday, November 6, 2017 SPECIAL TOWN MEETING
Nantucket High School
Mary P. Walker Auditorium
6:00 PM
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
(508) 228-7255
www.nantucket-ma.gov
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
MONDAY, NOVEMBER 6, 2017 AT 6:00 PM,
THEN AND THERE TO ACT ON THE ARTICLES CONTAINED WITH THE ENCLOSED WARRANT:
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To act upon and transact any business relative to the foregoing subjects which
may, then and there, come before said meeting.
ARTICLE 1
(Zoning Bylaw Amendment: Retail Marijuana Moratorium) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket by adding a new Article VI, General Provisions, Section 139-37 TEMPORARY MORATORIUM ON RECREATIONAL MARIJUANA ESTABLISHMENTS,
that would provide as follows, and further to amend the Table of Contents to add Section 139-37, “Temporary Moratorium on Recreational Marijuana Establishments:”
Section 139-37
A. Purpose
On November 8, 2016, the voters of the Commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational
purposes (new G.L. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of
marijuana, took effect on December 15, 2016 and (as amended on December 30, 2016 by Chapter 351 of the Acts of 2016 and thereafter, on July 28, 2017 by Chapter 55 of the
Acts of 2017) requires a Cannabis Control Commission to issue regulations regarding
the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses no later than April 1, 2018. Regulations to be promulgated by
the Cannabis Control Commission may provide guidance on certain aspects of local regulation of a non-medical Marijuana Establishments (hereinafter, a “Recreational
Marijuana Establishment,” as defined in G.L. c.94G, §1 (hereinafter, a “Recreational Marijuana Establishment”). The regulation of recreational marijuana raises novel legal, planning, and public safety issues, and the Town needs time to study and consider the
regulation of Recreational Marijuana Establishments and address such issues, as well as to address the potential impact of the State regulations on local zoning and to
undertake a planning process to consider amending the Zoning Bylaw regarding regulation of Recreational Marijuana Establishments. The Town intends to adopt a
temporary moratorium on the use of land and structures in the Town for Recreational
Page 1 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
Marijuana Establishments so as to allow sufficient time to address the effects of such structures and uses in the Town and to enact bylaws in a consistent manner.
B. Definition
“Recreational Marijuana Establishment” shall mean a “marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type
of licensed marijuana-related business.”
C. Temporary Moratorium
For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaw to the contrary, the Town hereby adopts a temporary moratorium on the use of
land or structures for a Recreational Marijuana Establishment and other uses related to
recreational marijuana. The moratorium shall be in effect through December 31, 2018. During the moratorium period, the Town shall undertake a planning process to address
the potential impacts of recreational marijuana in the Town, and to consider the Cannabis Control Commission regulations regarding Recreational Marijuana
Establishments, and shall consider adopting new Zoning Bylaws in response to these
new issues.
Or take any action relative thereto.
(Board of Selectmen)
ARTICLE 2
(Zoning Bylaw Amendment: Retail and Medical Marijuana) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket by taking the following actions (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 section 2A, definitions, by deleting an existing definition and inserting new
definitions, in alphabetical order, as follows:
REGISTERED MARIJUANA DISPENSARY
An establishment containing a not-for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates,
possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments) transfers, transports, sells, distributes, dispenses,
or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. The Planning
Board shall be the special permit granting authority for any registered marijuana
dispensary.
Page 2 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
MARIJUANA ESTABLISHMENT - RECREATIONAL A marijuana cultivator, independent testing laboratory, marijuana product manufacturer,
marijuana retailer or any other type of licensed marijuana-related business as defined in G.L. c.94G, §1. Recreational marijuana establishments are subject to the following
standards:
(1) Recreational marijuana establishments shall be located in stand-alone
facilities and shall not be allowed within a building or structure containing other retail, commercial, residential, industrial, or other uses, except for co-
location with a licensed medical marijuana treatment center. (2) A minimum separation of 500 feet, measured between lot lines, is required
between recreational marijuana establishments and state-certified public or private schools or state-licensed day care centers.
(3) No building permit for a recreational marijuana establishment shall issue until
the applicant has executed a Host Community Agreement with the Town pursuant to G.L. c.94G, §3(d).
Recreational marijuana establishments shall be subject to the zoning moratorium
adopted as §139-37 of this Bylaw. Applicants may not apply for a special permit for
recreational marijuana establishments prior to January 1, 2019.
MARIJUANA TREATMENT CENTER - MEDICAL A premises approved under a medical use marijuana license pursuant to G.L. c.94I that
acquires, cultivates, processes, transports, sells, distributes, dispenses or administers marijuana for the benefit of registered qualifying patients in the treatment of debilitating
medical conditions or the symptoms thereof. Medical marijuana treatment centers are
subject to the following standards:
(1) Medical marijuana treatment centers shall be located in stand-alone facilities and shall not be allowed within a building or structure containing other retail,
commercial, residential, industrial, or other uses, except for co-location with a
licensed recreational marijuana establishment. (2) A minimum separation of 500 feet, measured between lot lines, is required
between medical marijuana treatment centers and state-certified public or private schools or state-licensed day care centers.
(3) No building permit for a medical marijuana treatment center shall issue until
the applicant has executed a Host Community Agreement with the Town pursuant to G.L. c.94G, §3(d).
2. Amend section 7A as follows:
a. By striking “Registered marijuana dispensary” in the Use Chart in its entirety;
b. By adding new uses “Marijuana establishment - recreational” and
“Marijuana treatment center – medical” in the Use Column between “Health spa” and “Medical Clinic” to be allowed by special permit (SP)
in the CN and CI districts only.
Page 3 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
3. Amend section 7B by adding a new subsection (7) as follows: Medical marijuana treatment centers and recreational marijuana
establishments shall be prohibited as an accessory use in all zoning districts.
4. 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 apartment, apartment building, elder housing facility, medical marijuana treatment center, recreational marijuana establishment,
neighborhood employee housing, and 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.
Or take any action relative thereto.
(Board of Selectmen)
ARTICLE 3
(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(a), as recently amended by Section 13 of Chapter 55 of the Acts of 2017, and to authorize the Town to impose a local sales tax upon the sale or transfer of
marijuana or marijuana products by a marijuana retailer operating within the Town to
anyone other than a marijuana establishment, at the rate of 3 percent of the total sales price received by the marijuana retailer as a consideration for the sale of marijuana or
marijuana products; or to take any other action relative thereto.
(Board of Selectmen)
ARTICLE 4
(Supplemental Appropriation: Fire Station) To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statue or transfer from available funds, to be spent by the Town Manager with the approval of the Board of Selectmen, to supplement the previous
appropriations made under Article 11 of the 2015 Annual Town Meeting and Article 5 of
the November 9, 2015 Special Town Meeting to pay costs for constructing a new fire station at 4 Fairgrounds Road, including the costs of professional services for design,
permitting, architecture, construction supervision, and other related professional services, including all costs incidental and related thereto; provided, however, that any
Page 4 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
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)
ARTICLE 5
(Supplemental Appropriation: Airport Capital Project) 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
supplemental funding for the following capital project for the Airport, including other costs incidental and related thereto; or, to take any other action related thereto:
PROJECT ARTICLE/TOWN MEETING ORIGINAL
APPROPRIATION
Costs associated with
reconstruction of Apron Area 3 and replacement of perimeter fencing
Article 12/2017 Annual Town
Meeting $2,200,000
(Board of Selectmen for Airport Commission)
ARTICLE 6
(Appropriation: Infrastructure Improvements) 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, construction supervision and all costs incidental and related thereto in connection with infrastructure improvements including sewer, water and storm water on Back Street and Mulberry Street; or, to take
any other action related thereto.
(Board of Selectmen)
ARTICLE 7
(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
coordinating the installation of infrastructure to support planned 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 district which will be funded by
capturing future increases in the real property tax limit attributable exclusively to properties in the district as are allowed by Town Meeting and expected to be generated
Page 5 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
as a result of the future renovation and / or the development of specific properties within the defined geographic area in the Mid-Island / Old South Road corridor, 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.
(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 physical facilities within the within the 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 Agreement 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) The creation and implementation of a financial plan whereby the
infrastructure improvements 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”.
(iii) 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;
(iv) 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
Page 6 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
determined in accordance with the provisions of the development program
(c) To create a development program fund pursuant to the 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 implement the 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.
(Nathaniel Lowell, et al)
ARTICLE 8 (Tom Nevers Bike Path)
To see if the Town will vote to: move the construction of Phase 1 of the Tom Nevers Road bike path in the Transportation section of the Town of Nantucket’s Capital
Improvement Plan above all other bike related projects not actively under construction at
the time of the 2017 Special Town Meeting.
(Randolph Ringer, et al)
ARTICLE 9
(Appropriation/Real Estate Acquisition: 71 Washington Street) To see if the Town will vote to authorize the Board of Selectmen to acquire by
purchase, gift or eminent domain, for public way, open space and/or general municipal purposes all, or a portion of, the property located at 71 Washington Street and further
described as Assessor’s Map 42.2.3, Parcel 41 and as Lot A in Plan Book 12, Page 37
at Nantucket County Registry of Deeds; 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 for the costs associated with acquisition of the property including all
costs incidental and related thereto; or, to take any other action related thereto.
(Board of Selectmen)
Page 7 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
ARTICLE 10 (Real Estate Conveyance: Open Space Parcel (Creeks) to the Land Bank)
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 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:
Assessor’s Map 55 Parcel 415 (Washington Street)
All as shown on a map entitled “2017 Special Town Meeting Warrant Article
Conveyance of Open Space Parcel/Creeks to Land Bank” filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 11
(Real Estate Conveyance: Madequecham Parcels) To see if the Town will vote to transfer to the Board of Selectmen for the purpose
of disposition and 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:
Assessor’s Map 88, Parcel 66
Assessor’s Map 88, Parcels 75 and 77
All as shown on a map entitled “2017 Special Town Meeting Warrant Article 11 Conveyance of Madequecham Properties” and filed herewith at the Office of the Town
Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 12
(Real Estate Acquisition: Miscellaneous 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,
Page 8 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
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:
Lots B and M shown on Plan No. 2016-47 (formerly part of Copeland
Street and Mequash Avenue, Surfside)
Map 59.4 Parcels 58 and 59 (Utah Avenue, Madaket)
Map 59.3 Parcels 81, 82, 83, and 151 (Arkansas Avenue, Madaket)
Map 59.3 Parcels 4 and 5 (Utah Avenue, Madaket)
Map 59.3 Parcels 231 and 232 (Midland Avenue, Madaket)
Map 76.1.3 Parcel 277 (28A Arlington Street, Tom Nevers)
Land consisting of Hawthorne Street from the centerline of Monomoy
Avenue to the northern sideline of Oniska Avenue, including any portion of Monomoy, Miacomet, and Oniska Avenue’s and Dearborn Street.
All as shown on a map entitled “2017 Special Town Meeting Warrant Article 12 Acquisition of Misc. Parcels” dated July 2017 and filed herewith at the Office of the
Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 13
(Real Estate Conveyance: Easement to National Grid/ Sea Street Sewer Pump Station)
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 1 Sea Street, Nantucket,
Assessor’s Map 42.4.2, Parcel 55, and as more particularly described in a deed recorded with Nantucket County Registry of Deeds in Book 104, Page 159, 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 14 (Real Estate Conveyance: Industrial Land)
To see if the Town will vote to authorize the Board of Selectmen to lease or otherwise dispose of lesser interests than fee for a term which may exceed 5 years
notwithstanding the maximum term specified in Chapter 46 § 46-2, in all or any portions
of Lots G1, G-3, G-4, G-5, G-6, G-7, G-8, G-9, G-10, N-1, N-2, and N-3 as shown on a plan entitled “Subdivision Plan of Land” dated June 6, 2016 recorded with the Nantucket
County Registry of Deeds as Plan No. 2016-59, subject to Chapter 30B of the
Page 9 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
Massachusetts General Laws and a finding by the Board of Selectmen that such lease or conveyance furthers community planning and environmental protection goals.
Or to take any other action related thereto.
(Linda Williams, et al)
ARTICLE 15 (Bylaw Amendments: Board of Sewer Commissioners/Sewer District Map Change –
Bartlett Farm Road and Hummock Pond Road) To see if the Town will vote to: amend the Town Sewer District, as established
under Nantucket Code, Chapter 41 Section 3.A. by adding to it the following parcels:
Address Map Parcel
162 Hummock Pond Road 65 13.3
5 Bartlett Farm Road 65 14
19 Bartlett Farm Road 65 16.1
23 Bartlett Farm Road 82 502
30 Bartlett Farm Road 65 92
33 Bartlett Farm Road 82 503
36 Bartlett Farm Road 82 506
39 Bartlett Farm Road 65 16
41 Bartlett Farm Road 82 500
43 Bartlett Farm Road 82 504
45 Bartlett Farm Road 82 505
Bartlett Farm Road 65 37
(Marianne Hanley, et al)
ARTICLE 16
(Bylaw Amendments: Board of Sewer Commissioners/Sewer District Map Change
and Zoning Map Change: LUG-2 to R-40 – 1 Wherowhero Lane) To see if the Town will vote to take the following actions:
1. Amend Chapter 41 (Board of Sewer Commissioners), section 3A (Town Sewer
District) of the Code of the Town of Nantucket by adding the following parcel located within the Miacomet Pond Watershed to the Town Sewer District:
Map Lot Number Street
67 471 1 Wherowhero Lane
2. Amend the Zoning Map of the Town of Nantucket by placing the following
property currently located in the Limited Use General 2 (LUG-2) district in the Residential 40 (R-40) district:
Page 10 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
Map Lot Number Street
67 471 1 Wherowhero Lane
All as shown on a map entitled “2017 Special Town Meeting Warrant Article __ LUG-2 to
R-40 and Sewer District Map Change” dated July 2017 and filed herewith at the Office of
the Town Clerk.
Or to take any other action related thereto.
(Christopher Meredith, et al) ARTICLE 17
(Zoning Bylaw Amendment: Technical Amendments – Statutory Changes) 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 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.
2. 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.
3. 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. If real property has been improved by the erection of alteration of 1 or more structures and the structures or
alterations have been in existence for a period of a least 10 years and no notice
of an action, suit or proceeding as to an alleged violation of this chapter or of an ordinance of by-law adopted under this chapter has been recorded in the registry
of deeds for the county or district in which the real estate is located or, in the case
Page 11 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
of registered land, has been filed in the registry district in which the land is located within a period of 10 years from the date the structures were erected,
then the structures shall be deemed, for zoning purposes, to be legally non-conforming structures subject to MGL c. 40A, § 6 and any other provisions of this
by-law relating to non-conforming structures. 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.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 18 (Zoning Bylaw Amendment: Technical Amendments - Definitions)
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 section 2A by as follows, with new definitions to be added in alphabetical order:
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, either enclosed or unenclosed, 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.
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.
Page 12 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
FOOD PROCESSING ESTABLISHMENT Manufacturing establishments that produce or process foods for consumption.
Includes: (1) bakery products, sugar and confectionery products primarily for wholesale distribution, but not including a “Bakery” as herein defined (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 for instance 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, 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. This shall not include ornamental ponds, decorative water features, including, but not limited to,
fountains, bird baths, and the like.
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.
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, has 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
Page 13 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
followed by the words "or part thereof" and shall include, but not be limited to, buildings, retaining walls which support buildings, platforms, more than two steps
providing access to a structure, 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, and a maximum of
two aboveground propane tanks not to exceed 120 gallons each.
UNENCLOSED PORCH
An unenclosed appendage, whether roof covered or not, projecting from the exterior wall of a structure.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 19 (Zoning Bylaw Amendment: Technical Amendments - Miscellaneous)
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 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, each portion of the lot shall be governed by the use and yard setback requirements of the
zoning district in which it is located. Ground cover shall be applied to the entire lot and shall be the combined total of the ground cover allowed for the
portion of the lot in each zoning district in which it is located. that portion of such lot which is within the more restrictive zone shall be governed by the use
of land and dimensional 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 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.
3. Amend section 16E(4)
Page 14 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
For major commercial developments, the open area requirement (320%) is set forth in § 139-11GE above.
4. 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:…
5. 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, medical marijuana
treatment center, recreational marijuana establishment, 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.
6. 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.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 20 (Zoning Bylaw Amendment: Multi-Family Development Options)
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):
Page 15 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
1. Amend section 2A be amending the following definitions:
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 are allowed by right in
certain districts, subject to the dimensional requirements set forth below. The Planning Board may issue a special permit to allow more than four apartments on
larger lots, provided that: (1) the overall number of units shall not exceed the density set forth in the schedule below; and (2) the applicant shall demonstrate
through submission of a dimensioned lotting plan that the subject property could
be divided into multiple lots pursuant to a conventional subdivision plan without requiring waivers from the Planning Board’s “Rules and Regulations Governing
the Subdivision of Land” (as in effect at the time of application:…
APARTMENT BUILDING(S)
A structure or structures containing a maximum of up to eight bedrooms in up to six dwelling units on a single lot , or an equivalent density, through the issuance
of a special permit granted by the Planning Board, for a project, comprised of one or more parcels of land 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, with no commercial or other uses shall be allowed in the following districts:…
2. 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,
comprised of one or more parcels of land in the same ownership or control, could be divided into multiple lots meeting the 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.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 16 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
ARTICLE 21 (Zoning Bylaw Amendment: Commercial Storage Containers)
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 section 2A (definitions) by adding a new definition in alphabetical order as follows:
STORAGE CONTAINER
An outdoor container including trailers, semi-trailers, steel shipping containers,
cargo containers, and the like, used for commercial storage of goods and materials.
2. Amend section 7A by adding a new use “Storage container” in the Use Column
between “Shed” and “Interior or exterior storage or warehousing”, to be allowed
by special permit (SP) in the CN, CTEC, and CI districts only.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 22
(Zoning Bylaw Amendment: Workforce Rental Community) 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 17C 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).
Exceptions by special permit. The special permit granting authority may grant a special
permit to allow the following structures to exceed such height limitations:
…
(6) (Reserved) Buildings located within a workforce rental community pursuant to §139-8D, provided that a finding is made by the special permit granting authority that the
proposed height exceeding 30 feet, but no more than 35 feet, is: (a) Advantageous to the creation of a workforce rental community;
(b) Complementary and appropriate to the scale of the project and the
surrounding neighborhood; (c) An enhancement to site design flexibility, resulting in an overall site design
that could not otherwise be achieved using a building with a height of 30 feet; and
Page 17 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
(d) Not detrimental to adjoining properties by substantially casting them in shadow or resulting in the loss of privacy, air circulation, sunlight, safe ingress
and egress or overcrowding.
Or to take any other action related thereto.
(Linda Williams, et al)
ARTICLE 23
(Zoning Map Change: LUG-2 to LUG-1 – 56 South Shore Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following property currently located in the Limited Use General 2 (LUG-2) district in the Limited Use General 1 (LUG-1) district:
Map Lot Number Street
80 114 56 South Shore Road
All as shown on a map entitled “2017 Special Town Meeting Warrant Article __ LUG-2 to
LUG-1” dated July 2017 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Linda Williams, et al)
ARTICLE 24
(Zoning Map and Town and Country Overlay District Change: 3-9 South Shore Road) To see if the Town will vote to take the following actions:
1. 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
2. Amend Chapter 39 (Zoning) of the Code of the Town of Nantucket, section 4E, by
placing the following property currently located in the Country Overlay District (COD) in the Town Overlay District (TOD) district:
Map Lot Number Street
67 336 (portion of) 3 South Shore Road
All as shown on maps entitled “2017 Special Town Meeting Warrant Article __” dated July 2017 and filed herewith at the Office of the Town Clerk.
Page 18 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
Or to take any other action related thereto.
(Linda Williams, et al)
ARTICLE 25
(Zoning Map Change: LUG-2 to R-40 – 2 Daffodil Lane)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following property currently located in the Limited Use General 2 (LUG-2)
district in the Residential 40 (R-40) district:
Map Lot Number Street
68 722 2 Daffodil Lane
All as shown on a map entitled “2017 Special Town Meeting Warrant Article __ LUG-2 to
R-40” dated July 2017 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Tammie Murphy, et al)
ARTICLE 26
(Home Rule Petition: Amending the Membership of the Nantucket Planning & Economic Development Commission by Removing the Superintendent of the Department of Public
Works)
To see if the Town will vote to petition the General Court to enact special legislation to amend the Nantucket Planning & Economic Development Act as set forth
below, that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereto to accomplish the public
purposes thereof, as follows:
An Act Amending the Membership of the Nantucket Planning & Economic Development
Commission by Removing the Superintendent of the Department of Public Works
SECTION 1. Chapter 561 of the Acts of 1973, as amended by chapter 98 of the Acts of 1981, by Chapter 458 of the Acts of 1991, and by Chapter 81 of the Acts of 2011 is
hereby further amended by amending the existing text of section 1 as follows:
In order to plan for the orderly and coordinated development and protection of the
physical, social and economic resources of the Island of Nantucket, there is hereby established the Nantucket Planning and Economic Development Commission,
hereinafter called the "Commission." The Commission shall consist of the members of the Planning Board of the Town of Nantucket; one (1) representative of the Nantucket
Housing Authority to be appointed annually by said Authority; the Superintendent of the
Department of Public Works of said town or his designee who shall be designated by the Board of Selectmen of said town; one (1) representative of the County Commissioners
of Nantucket County to be appointed annually by said County Commissioners; one (1)
Page 19 Town of Nantucket November 6, 2017 Special Town Meeting Warrant
representative of the Conservation Commission to be appointed annually by said Conservation Commission; and three (3) persons from said town appointed at large by
the Commission; one (1) for a term of one (1) year, and one (1) for a term of two (2) years and one (1) for a term of three (3) years.
SECTION 2. This Act shall take effect upon passage.
Or, to take any other action as related thereto.
(Board of Selectmen for Nantucket Planning and Economic Development Commission)
ARTICLE 27 (Acceptance of Massachusetts General Law: Authority to Establish Regulatory 20 mph
Safety Zones)
To see if the Town will vote to accept the provisions of General Laws Chapter 90, Section 18B, allowing the Board of Selectmen to establish designated “safety zones”
with a speed limit of 20 miles per hour on, at or near any way in the Town that is not a state highway, and, if a state highway, with the approval of the Massachusetts
Department of Transportation, or take any other action relative thereto.
(Board of Selectmen)
Page 20 Town of Nantucket November 6, 2017 Special Town Meeting 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 23rd day of August in the year Two Thousand Seventeen.
____________________________________ Dawn Hill Holdgate, Chairman
____________________________________
Matthew G. Fee, Vice Chairman
____________________________________
Jason M. Bridges
____________________________________ Rita Higgins
____________________________________
James R. Kelly
SELECTMEN OF NANTUCKET, MA
Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the
Warrant adopted August 23, 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
Page 21 Town of Nantucket November 6, 2017 Special Town Meeting Warrant