HomeMy WebLinkAbout2018 BOS warrant FINAL
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
WARRANT FOR
2018 ANNUAL TOWN MEETING
Nantucket High School
Mary P. Walker Auditorium
Tuesday, April 3, 2018 – 6:00 PM
AND
ANNUAL TOWN ELECTION
Nantucket High School
Tuesday, April 10, 2018
7:00 AM – 8:00 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
TUESDAY, APRIL 3, 2018 AT 6:00 PM, THEN AND THERE TO ACT ON THE ARTICLES
CONTAINED WITH THE ENCLOSED WARRANT:
ARTICLE 1
(Receipt of Reports) To receive the reports of various departments and committees as printed in the
Fiscal Year 2017 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
from previous fiscal years, including any bills now on overdraft; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 3 (Bylaw Amendment: Finances)
To see if the Town will vote to amend Chapter 19 (Finances), Article XIII (Revolving Accounts) by adding an additional revolving account 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; non-substantive changes to the numbering of this bylaw shall be permitted in order that it be
in compliance with the numbering format of the Code of the Town of Nantucket):
§19-21. Revolving accounts established.
Fund Revenue Source Authority to Spend Use of Fund
Road Repairs Road opening fees; Town Manager with Repairs to Funds received for approval of Board of Town roads
Town roadway projects Selectmen as needed due to road
openings
(Board of Selectmen)
Page 1 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
ARTICLE 4 (Revolving Accounts: Spending Limits for FY 2019)
To see what spending limits the Town will establish for revolving accounts established pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws
and Section 19-21 of the Town Code for Fiscal Year 2019; or take any other action related thereto.
(Board of Selectmen)
ARTICLE 5 (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 2019; said sum not to exceed five (5) percent of the Fiscal Year
2018 tax levy; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 6
(Fiscal Year 2018 General Fund Budget Transfers) To see what sums the Town will vote to transfer into various line items of the
Fiscal Year 2018 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 2019)
To see if the Town will vote to adopt the following Compensation Plans for Fiscal
Year 2019:
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 $75.00
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
Page 2 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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, 2018 – April 1, 2019)
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 Schedule C -- Compensation Schedule for Elected Officials*
Moderator $175 per year
Selectman, Chair $5,000/per year
Selectmen $3,500/per year
Town Clerk $101,617
*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)
Page 3 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
ARTICLE 8 (Appropriation: Fiscal Year 2019 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 2019; 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 2019, 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)
ARTICLE 11
(Appropriation: Fiscal Year 2019 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 2019, 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
Page 4 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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 2018 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of Fiscal Year 2018 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: 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 15
(Appropriation: Old South Road Area Transportation Improvements) 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 making various transportation-related improvements in the Old South Road area including the
costs of professional services for design, permitting, engineering, construction, 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)
ARTICLE 16 (Appropriation: Public Works Facility Improvements - Design)
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 design improvements to the Department of Public Works facility at 188 Madaket Road,
including the costs of professional services for design, permitting, engineering, 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.
Page 5 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
(Board of Selectmen)
ARTICLE 17
(Appropriation: Renovation of Marine Department Building) 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 renovating the Marine Department building at 34 Washington Street, including the costs
of professional services for design, permitting, engineering, construction, 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)
ARTICLE 18
(Appropriation: Storm Water System Improvements)
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 making improvements to the Town’s storm water discharge system, including the costs of
professional services for design, permitting, engineering, construction, 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)
ARTICLE 19 (Appropriation: Sparks Avenue Sidewalk Improvements)
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 making
improvements to the sidewalk along Sparks Avenue from Atlantic Avenue to the Mid-Island Round-a-bout, including the costs of professional services for design, permitting,
engineering, construction, 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)
Page 6 Town of Nantucket 2018 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: 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)
Page 7 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
ARTICLE 23 (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 2019, 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)
ARTICLE 24 (Appropriation: Finalizing Fiscal Year 2019 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 2019 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 25
(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 26 (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 2019.
Page 8 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
Or, to take any other action related thereto.
(Board of Selectmen)
ARTICLE 27 (Appropriation: Affordable Housing Trust Fund)
To see if the Town will vote to appropriate the sum of Three Hundred Thousand
Dollars ($300,000) from Free Cash, to deposit into the Affordable Housing Trust Fund established pursuant to Mass. General Law c. 44, section 55C for Fiscal Year 2019.
Or, to take any other action related thereto.
(Board of Selectmen)
ARTICLE 28 (Appropriation for Special Purpose Stabilization Fund for Airport Employee Accrued
Liabilities) 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 the
Airport special purpose stabilization fund established pursuant to M.G.L. Chapter 40, Section 5B, Paragraph 2, 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; or take any action
relative thereto.
(Board of Selectmen for Airport Commission)
ARTICLE 29
(Establishment of and Appropriation for Special Purpose Stabilization Fund for Town Employee Accrued Liabilities)
To see if the Town will vote to accept the provisions of M.G.L. Chapter 40,
Section 5B, for the purpose of creating a Town Employee Accrued Liability Special Purpose Stabilization Fund for the benefit of the Town of Nantucket General Fund
(excluding the School Department); 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)
ARTICLE 30
(Appropriation for Special Stabilization Fund for Substance Abuse Prevention Efforts) To see if the Town will vote to accept G.L. c. 40, Section 5B, by creating a
Substance Abuse Special Purpose Stabilization Fund, with monies in said Fund to be used, subject to appropriation, to implement substance abuse programs in the Town,
Page 9 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
provide grants to nonprofit addiction treatment agencies, acquire public safety equipment and/or personnel related to substance abuse control, and related costs, and
that the Human Services Contract Review Committee shall annually provide recommendations for such expenditures; provided that fifty (50) percent of the local
option marijuana sales tax collected pursuant to General Laws Chapter 64N, Section 3, as amended by Section 13 of Chapter 55 of the Acts of 2017, and the vote taken under
Article 3 of the November 6, 2017 Special Town Meeting, be deposited into the
Substance Abuse Special Purpose Stabilization Fund without further appropriation; or to take any other action relative thereto.
(Board of Selectmen)
ARTICLE 31
(Renewal of Board of Health Septic System Betterment Loan Program)
To see if the Town will vote to appropriate a sum of money for the purpose of financing the following water pollution facility projects: repair, replacement and/or
upgrade of septic systems, pursuant to agreements with Board of Health and residential property owners, including all costs thereof as defined in Section 1 of Chapter 29C of
the General Laws; to determine whether this appropriation shall be raised by borrowing
from the Massachusetts Clean Water Trust or otherwise, or to take any other action relative thereto.
(Board of Selectmen for Board of Health)
ARTICLE 32
(Establishment of and Appropriation for Special Education Reserve Fund)
To see if the Town will vote to accept the provisions of M.G.L. Chapter 40, Section 13E, for the purpose of creating a reserve fund to pay for unanticipated or
unbudgeted costs for special education, out-of-district tuition or transportation; 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 Education Reserve Fund; or take any action relative thereto.
(Board of Selectmen for School Committee)
ARTICLE 33
(Community Preservation Committee: Fiscal Year 2019 Budget Transfers) To see what sums the Town will vote to transfer into the Community Preservation
Committee reserved and unreserved fund balances to turn back the unspent remainder of projects approved in prior fiscal years so that it is available for future appropriations.
FROM TO AMOUNT
Article 21 ATM 2005
Town of Nantucket
Fiscal year 2019
Community Preservation Committee Community Open Space reserved
fund balance $16,611.16
Total Transfers to Community Open Space Reserved Fund Balance $16,611.16
Page 10 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
Article 30 ATM 2015
The Homestead
Fiscal Year 2019
Community Preservation Committee Community Historic Preservation
reserved fund balance $2,858.32
Article 26 ATM 2014
Preservation Institute
Nantucket
Fiscal Year 2019 Community Preservation Committee
Community Historic Preservation
reserved fund balance $11.43
Total Transfers to Community Historic Preservation Reserved fund balance $2,869.75
Total transfers back to Community Preservation Reserved Fund
Balances $19,480.91
(Kenneth Beaugrand, et al)
ARTICLE 34 (Appropriation: FY 2019 Community Preservation Committee)
To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2019 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
American Legion Post 82 Third phase of conservation and restoration; exterior brick
wall at rear of building
$96,842
HallKeen Management
Restoration of the west facade windows in Academy Hill Apartment building
$200,000
Museum of African American History
Sixth phase of restoration; cottage visitor center, garage
educational center and kitchen linoleum reproduction
$241,000
Nantucket Historical Association Restoration of the slate roof and exterior masonry and
windows of the Thomas Macy warehouse
$150,000
Nantucket Housing Authority Restoration of roof, shakes, doors and windows to preserve
the building from injury, harm or destruction
$90,414
Nantucket Atheneum
Second phase, conservation of three historic paintings
$19,800
Nantucket Island School of Design & the Arts Preservation and restoration of the Long Barn $158,597
Page 11 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
South Church reservation Fund
Restoration of historic glass in windows
$45,000
St. Paul’s Church Restoration of Bell Tower $100,000
The Homestead
Restoration of the roof
$44,000
Two Center Street Restoration Project, Inc.
Fabricate, paint and install doors in Sanctuary
$17,500
Sub-total $1,163,153
All the funds to be used in this category are from the Community Preservation
surcharge, interest and the State matching funds.
Community Housing
Habitat for Humanity Nantucket Inc. Construct additional houses at Waitt Drive $200,000
Nantucket Affordable Housing Trust Fund
Allocation to the fund subject to the fund obtaining approval
from the CPC commissioners of the particular project for affordable housing
$400,000
Nantucket Interfaith Council
Housing and rental assistance program
$125,000
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 $837,000
All of the funds utilized in this category are from the 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
Development and installation of all person interpretive trails
$12,600
Maria Mitchell Association Funding for the design and engineering phase of a new fully
Page 12 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
accessible, socially inclusive outdoor play space with a
unique focus on Science, Technology Engineering, Art and Math (STEAM)
$49,500
Nantucket Platform Tennis Association
Creation of 4 pickle ball courts on Land bank property on Hinsdale Road
$200,000
Sustainable Nantucket Community Farm Institute, phase 2 Funds for outdoor classroom structure, educational
workshops and site manager for farming
$35,750
Sub-total $422,850
$65,203 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 $2,543,003
All amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY 2018 Community Preservation Surcharge $2,252,000
From State matching funds for FY 2017, to be received in 2018 $212,800
From Interest $13,000
From Designated Reserves for Open Space $65,203
Total Revenues $2,543,003
For fiscal year 2019 Community Preservation Purposes with each item considered a
separate appropriation to be spent by the Community Preservation Committee.
Page 13 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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 35
(Thirty Million Dollar Tax Levy Override)
To see if the Town will vote to authorize the Board of Selectmen to place a $30,000,000 Tax Levy Override on the ballot to generate funds to meet Town needs not
being met with the current budget. The override must meet the requirements of Proposition 2 1/2 M.G.L Ch. 59 Sec. 21C(g) including a specified earmark for the first
year of revenue. Further, to authorize the Board of Selectmen to use their power to set the split-rate tax factor and the amount of the residential exemption to shield Town
residents from the impact of the override. Further, to authorize the Board of Selectmen
to obtain the widest possible input using their Commissions, Board, and Committees to generate a long-term strategic plan to utilize the funds generated by this override in
subsequent years in the most impactful and efficient manner.
(Howard Dickler, et al)
ARTICLE 36
(Zoning Map Change: RC to ROH – 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 Residential Old Historic (ROH) district:
Map Parcel Number Street
55 362 111 Orange Street
55 363 113 Orange Street
55 399 104 Orange Street
55 400.1 106A Orange Street
55 400.2 106B Orange Street
55 401.1 110A #1 Orange Street
55 401.2 110B #2 Orange Street
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 36 RC to ROH” dated December 2017 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 14 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
ARTICLE 37 (Zoning Map Change: RC to R-5 – 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 Residential 5 (R-5) district:
Map Parcel Number Street
55 139.3 69 Sparks Avenue
55 139.2 71 Sparks Avenue
55 139.1 73 Sparks Avenue
55 138.4 75 Sparks Avenue
55 138.3 75 Sparks Avenue
55 138.1 77 Sparks Avenue
55 138.2 8 Williams Lane
55 140 6 Williams Lane
55 418 4 Williams Lane
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 37 RC to R-
5” dated December 2017 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 38
(Zoning Map Change: R-1 to CMI or CN – Cherry 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 1 (R-1) district in the Commercial Mid Island (CMI) or Commercial Neighborhood (CN) district:
Map Parcel Number Street
55 378.5 20 Cherry Street
55 378.1 88 Pleasant Street
55 378.2 90 Pleasant Street
55 378.3 92 Pleasant Street
55 378.4 94 Pleasant Street
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 38 R-1 to CMI or CN” dated December 2017 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 15 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
ARTICLE 39 (Zoning Map Change: R-5 to CN – Airport Property: 10 Sun Island Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing a portion of Map 69, Lot 3.1, (portion of) 10 Sun Island Road currently located
in the Residential 5 (R-5) district in the Commercial Neighborhood (CN) district.
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 39 R-5 to
CN” dated January 2018 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 Map Change: SOH to VN – New Street, Siasconset) 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 Sconset Old Historic (SOH) district in the Village Neighborhood (VN) district:
Map Parcel Number Street
73.4.2 13 9 New Street, Siasconset
73.4.2 67 11 New Street, Siasconset
73.4.2 69 13 New Street, Siasconset
73.4.2 68 15 New Street, Siasconset
73.1.3 38 9R New Street, Siasconset
73.1.3 35 1 New Street, Siasconset
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 40 SOH to
VN” dated December 2017 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 41
(Zoning Map Change: CN to CTEC – Davkim 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 Commercial Neighborhood
(CN) district in the Commercial Trade Entrepreneurship and Craft (CTEC) district:
Map Parcel Number Street
68 58 18 Davkim Lane
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 41 CN to CTEC” dated December 2017 and filed herewith at the Office of the Town Clerk.
Page 16 Town of Nantucket 2018 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: R-20 to R-1 – 3 Wyers Way)
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 Residential 20 (R-20) district in the Residential 1 (R-1) district:
Map Parcel Number Street
41 380 3 Wyers Way
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 42 R-20 to R-1” dated January 2018 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: R-20 to CN – 1 Airport 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 Residential 20 (R-20) district in
the Commercial Neighborhood (CN) district:
Map Parcel Number Street
68 48 1 Airport Road
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 43 R-20 to
CN” dated December 2017 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 44
(Zoning Map Change: Country Overlay District Open Space Miscellaneous Location – VR, LUG-1, and LUG-2 to LUG-3 and LUG-3 to MMD)
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 properties currently located in the Village Residential (VR) district in the Limited Use General 3 (LUG-3) district:
Page 17 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
Map Parcel Number Street
60 130 353 Madaket Road
60.3.1 381 8 Rhode Island Avenue
60.3.1 383 6 Rhode Island Avenue
60.3.1 385 4 Rhode Island Avenue
60.3.1 387
Rhode Island Avenue
60.3.1 390 5 New Hampshire Avenue
60.3.1 392 7 New Hampshire Avenue
60.3.1 394 9 New Hampshire Avenue
60.3.1 396 11 New Hampshire Avenue
60.3.4 97 47 Massachusetts Avenue
2. By placing the following properties currently located in the Limited Use General 1
(LUG-1) district in the Limited Use General 3 (LUG-3) district:
Map Parcel Number Street
43 14.2 64 Polpis Road
43 14.4 66 Polpis Road
43 210 68 Polpis Road
3. By placing the following properties currently located in the Limited Use General 2
(LUG-2) district in the Limited Use General 3 (LUG-3) district:
Map Parcel Number Street
63 36 31 Sheep Pond Road
63 37 33 Sheep Pond Road
63 39.2 37 Sheep Pond Road
87 154 (portion of) Weweeder Pond
4. By placing the following properties currently located in the Limited Use General 3
(LUG-3) district in the Moorlands Management District (MMD):
Map Parcel Number Street
58 1 (portion of)
Massasoit Bridge Road
58 2 Massasoit Bridge Road
59 8
Massasoit Bridge Road
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 44 Country Overlay District Open Space Miscellaneous Location – VR, LUG-1, and LUG-2 to LUG-3
and LUG-3 to MMD” dated December 2017 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
Page 18 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
(Board of Selectmen for Planning Board)
ARTICLE 45 (Zoning Bylaw Amendment: Technical Changes to Chapter 139, §2 and 16)
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-sustentative 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) as follows: SECONDARY DWELLING
… A secondary dwelling may only be attached to the primary dwelling by a breezeway as defined in § 139-2.
2. Amend section 16C (Intensity Regulations) as follows:
(1) The Board of Appeals may grant a special permit to reduce the ten-foot side yard setback in R-5 and the ten-foot side and rear yard setback in R-10, SR-10,
R-20 and SR-20 to five feet.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 46
(Zoning Bylaw Amendment: Technical Changes to Chapter 139, §25, 26, 28, 29) 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-sustentative 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 25B (Enforcement, remedies, penalties) as follows:
B. Remedies.
(1) If the a Zoning Enforcement Officer is requested, in writing, to enforce this chapter against any person allegedly in violation of the same and the
Zoning Enforcement Officer declines to act, said Zoning Enforcement
Officer shall notify, in writing, the party requesting such enforcement shall be notified in writing of any action or refusal to act, and the reasons
therefore, within 14 days of receipt of such request.
Page 19 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
(2) A stop order for any violation of this chapter shall be issued in writing by a Zoning Enforcement Officer. shall be issued for any violation of the
provisions of this chapter in unauthorized sale or lease; construction in deviation from approved permits; subsequent actions contrary to the
conditions of, or the activities and uses permitted by approved permits; failure to adequately maintain common open space; or inadequate or
insufficient construction of improvements. The stop order shall state the
nature of the violation and the conditions under which work or use may continue.
(3) A The stop order shall be issued by the Zoning Enforcement Officer and
delivered by mail to the owner of any property or his their agent or by posting on the property. Delivery shall be construed to include by mailing
of such order, postage prepaid, to said owner or posting on the property.
Copies of such order shall be maintained by the Town. The stop order shall be in writing and shall state the nature of the violation and conditions
under which work or use may continue.
(a) A time limit, not to exceed five days, shall be permitted to allow for
the necessary correction of the violation.
(b) Any person who shall continue in violation of this a stop order shall be in violation of this chapter and shall be subject to the
enforcement provisions of this chapter. The failure of the Town to obtain a stop order for any reason whatsoever shall not be
interpreted as an estoppel against the Town from pursuing any
other legal remedy permitted under the law.
2. Amend section 26 (Issuance of building and use permits) as follows:
A…
H. Temporary permit. A temporary permit may, upon written request of an applicant,
be authorized by a favorable vote of at least four members of the Board of Appeals for a nonconforming structure or use which the Board of Appeals finds necessary to promote
the proper development of the community, provided that such nonconforming structure
or use shall be completely removed upon expiration of the permit (unless previously made conforming or validated) without cost to the Town (unless the Town is the
applicant). Such permit may be renewed annually for an aggregate period not exceeding three years.
I. H. Payment of fees. No building or use permit shall be issued until the required fees
prescribed by the Board of Selectmen shall be are paid to the Building Inspector.
J. I. Compliance with permit. All work or uses shall conform to the approved application
for which the permit has been issued as well as the approved plot plan.
Page 20 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
3. Amend section 28B (Occupancy permits) as follows:
B. Application; notification; as-built plot plan. Applications for occupancy permits shall be filed with the applications for building permits and shall be allowed or denied in
writing, including the cause of the action taken, within seven days after the Building Inspector has been notified in writing that a construction or alteration of such
building or structure has been completed. Said notification shall be accompanied by
the following:
(2) A written certification by the Nantucket Historic District Commission that:
(a) Such buildings or structures have been constructed, moved, altered, or added to in compliance with the certificates of appropriateness issued for such buildings or structures; or
(b) Certificates of nonapplicability have been issued by the
Commission for such buildings or structures; provided, however, that:
(c) The Historic District Commission or its designee shall issue said certification within five working days of the receipt of a written
request to do so; failure to issue a certification within this period shall be deemed approval thereof.
4. Amend section 29 (Zoning Board of Appeals) as follows:
A…
B. Board of Appeals rules. The Board of Appeals shall may adopt rules, not inconsistent with the provisions of this chapter, for the conduct of its business
pursuant to this chapter and shall file a copy of said rules with the Town Clerk.
(1) Meetings of the Board shall be at the call of the Chairman or when called
in such other manner as the Board shall determine in its rules.
(2) (Reserved)
(3) (1) The Board of Appeals may adopt rules requiring applicants to pay fees into
a special account, pursuant to MGL c. 44, § 53G, to be used for the engagement by the Board of consultants.
(4) (2) In the event that the Board of Appeals has appointed a Zoning
Administrator, said rules shall set forth the fact of such appointment, the
identity of the persons from time to time appointed to such position, the powers and duties delegated to such individual and any limitations
thereon.
Page 21 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
C…
D. (Reserved)
E.D …
E. Temporary permit. A temporary permit may, upon written request of an applicant,
be authorized by a favorable vote of at least four members of the Board of Appeals for a nonconforming structure or use which the Board of Appeals finds necessary to
promote the proper development of the community, provided that such nonconforming structure or use shall be completely removed upon expiration of the
permit (unless previously made conforming or validated) without cost to the Town (unless the Town is the applicant). Such permit may be renewed annually for an
aggregate period not exceeding three years.
Or to take any other action related thereto.
(Board of Selectmen for the Planning Board)
ARTICLE 47 (Zoning Bylaw Amendment: Town and Country Overlay District Changes - Wherowhero
Lane and Evergreen Way) To see if the Town will vote to amend Chapter 139 of the Code of the Town of
Nantucket section 4E, by amending the map entitled “Town and Country Designations” 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. By placing property at Map 67, Parcel 471 (1 Wherowhero Lane) currently
located in the Country Overlay District and in the Town Overly District;
2. By placing the following properties currently located in the Town Overlay District in the Country Overly District:
Map Parcel Number Street
68 700 2 Evergreen Way
68 701.1 4 Evergreen Way
68 701.2 4A Evergreen Way
68 702 6 Evergreen Way
68 703 8 Evergreen Way
68 704 10 Evergreen Way
68 705 12 Evergreen Way
68 706 14 Evergreen Way
68 707 16 Evergreen Way
Page 22 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
68 708 18 Evergreen Way
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 47 titled
“Town and Country Overlay District Changes: Wherowhero Lane and Evergreen Way” dated January 2018 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 48 (Zoning Bylaw Amendment: Ground Cover Allowance by Special Permit in the Village
Residential District)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 16, 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. Insert a new section:
D. Exceptions for ground cover.
(1) The Planning Board may grant a special permit in the Village Residential
(VR) district allowing an additional 2.5% of ground cover provided that said ground cover is applied to a single-story structure or portion thereof not to
exceed 16 feet in height.
2. Re-letter existing sections D and E to E and F, respectively.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 49
(Bylaw Amendment: Zoning) To See if the Town Will Vote to Amend the Town of Nantucket Code Chapter
139-8.A.1.b by adding the highlighted language:
139-8.A.1.b
Preservation of open space shall be required, with the amount based on the total tract size pursuant to Subsections A(3) and (4) below.
1) A restriction defining the protection of the open space shall be enforceable by the Town or County of Nantucket and recorded at the Nantucket County Registry of Deeds
or the Registry District of the Land Court. In addition, open space shall be:
Page 23 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
(a) Owned by the Town of County of Nantucket; or (b) Owned by the Nantucket Islands Land Bank; or
(c) Conveyed to an established nonprofit organization, a principal purpose of which is the conservation of open land; or
(d) Subject to a permanent conservation restriction, as provided in MGL c. 184, §§ 31 through 33, and owned in common by a corporation or trust composed of the
owners of lots within the development. A letter of intent to hold the conservation
restriction from the prospective holder shall be presented as part of the application to the Planning Board.
2) Open space shall be restricted to one or more of the following uses, subject to
approval of the Planning Board, in accordance with MGL c. 184, §§ 31 and 32: (a) Preservation of important natural features on a lot. (b) Passive recreation, including, but not limited to, nature study, boating, fishing,
hunting, picnicking, and horseback riding. (c) Active recreation.
(d) Bicycle paths and walking trails. (e) Agriculture.
(f) Structures accessory to the use of the open space which may include, but are
not limited to: boathouses, duck walks, landings, barns, gazebos. Pools, clubhouses, parking, access roads, and other recreational facilities not open for public use shall be
prohibited. (g) Water (excluding private pools) features consistent with the purposes
described above. (h) Individual underground septic systems or wells that provide service to the lots
within the development.
(Cormac Collier, et al)
ARTICLE 50
(Zoning Map Change: RC-2 to CMI – Old South 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 Residential Commercial - 2
(RC-2) district in the Commercial Mid-island (CMI) district, the Commercial Neighborhood District (CN), the Commercial Trade, Entrepreneurship and Craft District
(CTEC).
44 Nobadeer Farm Road Map 69 Parcel 34
46 Nobadeer Farm Road Map 69 Parcel 35
48 Nobadeer Farm Road Map 69 Parcel 36
132 Old South Road Map 69 Parcel 37
134 Old South Road Map 69 Parcel 38
136 Old South Road Map 69 Parcel 136
138 Old South Road Map 69 Parcel 11
140 Old South Road Map 69 Parcel 60
142 Old South Road Map 69 Parcel 61
4 Arrowhead Road Map 69 Parcel 59
Page 24 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
All as shown on a map entitled “2018 Special Town Meeting Warrant Article __ RC-2 to
CMI, CN or CTEC” dated ____________ and filed herewith at the Office of the Town Clerk, or to take any other action related thereto.
(Steven Cohen, et al)
ARTICLE 51 (Zoning Map Change: LUG-2 to LUG-1 – Masaquet Avenue)
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 property – 8 Masaquet Avenue – Map 80, Parcel 193 – currently located in the Limited Use General - 2 (LUG-2)) Zoning District in
the Limited Use General – 1 (LUG-1) zoning district
(Ryan Fitch, et al)
ARTICLE 52
(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 “2018 Annual 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.
(John Brescher, et al)
ARTICLE 53 (Zoning Map and Town and Country Overlay District Change; Board of Sewer
Commissioners/Sewer District Map Change: Portion of 43 Appleton Road)
To see if the Town will vote to take the following actions in regard to the following property:
Map Lot Number Street
66 66 Portion of 43 Appleton Road
(1) Amend the Zoning Map of the Town of Nantucket by placing a portion of the foregoing property, currently located in the Village-Technical (VTEC)
district, to the Residential-2 (R-2) zoning district:
Page 25 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
(2) Amend the Town and Country Overlay District Map of the Town of Nantucket by placing the a potion of the following property, currently
located in the Country Overlay District, into the Town Overlay District:
(3) Amend the sewer district map to include a portion of the following property currently outside of the district into within the district.
All as shown on the attached map.
Or to take any other action related thereto.
(Richard Kalman, et al)
ARTICLE 54
(Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes – Hawthorne Lane)
To see if the Town will vote to amend the sewer district map to include the following properties, currently outside of the district, to within the district:
Map Lot Number Street
56 264 13 Hawthorne Lane
56 258 1 Hawthorne Lane
56 259 3 Hawthorne Lane
56 221 10 Hawthorne Lane
All as shown on the attached map.
Or to take any other action related thereto.
(John Brescher, et al)
ARTICLE 55 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map
Changes – Folger Avenue, Field Avenue, Morgan Square, South Shore Road) To see if the Town will vote to amend the sewer district map to include the
following properties, currently outside of the district, to within the district:
Map Lot Number Street
80 154 15 Folger Avenue
80 153 16 Folger Avenue
80 151 17 Folger Avenue
80 110 19 Folger Avenue
80 42 21 Folger Avenue
87 3.1 4 Morgan Square
87 3.2 2 Morgan Square
80 150 17 Field Avenue
80 152 18 Field Avenue
Page 26 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
80 109 19 Field Avenue
80 149 20 Field Avenue
80 108 22 Field Avenue
80 41 21 Field Avenue
80 40 24 Field Avenue
80 115 52 South Shore Road
80 114 56 South Shore Road
All as shown on the attached map.
Or to take any other action related thereto.
(Lewis Kelsey, et al)
ARTICLE 56 (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 3B (Siasconset Sewer District) of the Code of the Town of
Nantucket by adding the following properties to the Siasconset Sewer District:
Map Parcel Number Street
49 166 52 Burnell Street
49 167 50 Burnell Street
49 180 2 Lenox Way
49 181 3 Windsor Road
49 191 3 Lenox Way
49 192 8 Windsor Road
49 193 4 Windsor Road
49 194 2 Windsor Road
49.3.2 2 Rear Plainfield Road
49.3.2 18 54 Burnell Street
49.3.2 20 18 Sconset Avenue
All as shown on a map entitled “2017 Special Town Meeting Warrant Article ____” dated
________________ and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Sheila Coffin Harshman, et al)
ARTICLE 57
(Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Changes – Burnell Street)
To see if the Town will vote to amend the Siasconset Sewer District, as
established under the Nantucket Code, Chapter 41, Section 3.B, by including therein, and placing on the map thereof, the land situated at and known as 54 Burnell Street,
Page 27 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
Siasconset, shown upon Nantucket Assessor’s Map 49.3.2 as Parcel 18; or to take any other action related thereto.
(Arthur I. Reade, Jr., et al)
ARTICLE 58
(Waiver of Sewer Privilege Fees)
To see if the Town will vote to: Waive, for year-round residents who are required to connect to the Town sewer system, in consideration of the expenses to be incurred,
as a result of Articles 16 through 19, approved April 2, 2016, the one time privilege sewer fee of six thousand dollars.
(Alan Myers, et al)
ARTICLE 59 (Ban on Herbicides and Pesticides Containing Glyphosate)
To see if the Town will vote to: Ban the use and sale of all herbicides and pesticides containing glyphosate in favor of non-toxic alternative solutions. Roundup
[glyphosate] is an herbicide manufactured by agricultural giant Monsanto which contains
toxic, neurotoxic, carcinogenic, and endocrine disrupting chemicals. It is widely used on Nantucket by landscapers, gardeners, farmers, and homeowners as an all-purpose
weed killer.
Scientists are now finding that glyphosate is toxic and tied to a number of serious health-related issues, including autoimmune disease, Type I Diabetes,
infertility/miscarriage, and cancer. Countries that have already banned the use of
glyphosate include the European Union, Sri Lanka, Malta and the Six Gulf States (Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain, and Oman).
The undersigned agree that the time has come for Nantucket to protect its inhabitants,
harbors, aquifers, soil, fisheries, and crops from any further exposure to this well
documented poison.
(Darcy Creech, et al)
ARTICLE 60
(Environmental Resolution) Be it resolved that the citizens of Nantucket, concerned with the impacts to
marine wildlife, economic risk, threat of an oil spill, and the quality of our beaches, recreational fishing, surfing and boating, are opposed to offshore seismic testing and
offshore oil and gas development.
(Anne K. Mendelsohn, et al)
Page 28 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
ARTICLE 61 (Bylaw Amendment: Agricultural Commission)
To see if the Town will vote to: Amend Section 11:25 of Article VII, Agricultural Commission, to read as follows…”
Section 11-25. Membership.
The Commission shall consist of seven five members appointed by the Board of
Selectmen, with three two members being appointed for a term of three years; two members for a initial term of two years and three years thereafter upon expiration of the
initial term; and two one member for an initial term of one year, and three two years thereafter upon expiration of the initial term. To the extent available and willing to serve,
the Commission shall consist of a minimum of four three members whole prime source of income is derived from farming or agricultural-based enterprises in Nantucket and another three two who are interested in farming. If the foregoing are neither available
not willing to serve, then any member may be appointed from the community who has an interest in agriculture. The Board of Selectmen shall fill any vacancy for the balance
of the unexpired term of the vacancy. Or take any other action thereto”
(Campbell Sutton, et al)
ARTICLE 62 (Charter Amendment: Establishing a Special Council)
To see if the Town will vote to: Amend the Charter under Article VI, section 6.5: To Adopt an act authoring the establishment a Special Council, five member board, in
the Town of Nantucket and be give all rights under: Chapter 289, Charter Act of 1996,
Chapter 290, Article III Section 3.1 Executive Power to rule on all disputes before the Town that have come to an impasse.
It is the intent of the establishment of the Nantucket Special Council to provide a
judgment for anyone seeking relief from ongoing disputes that have met an impasse
with the town of Nantucket.
(Theresa Williams, et al)
ARTICLE 63
(Discontinue Development of 6 Fairgrounds Road) To see if the town will vote to discontinue current development plans for 6
Fairgrounds Road, also known as the Ticcoma Green Project. To the fullest extent possible under the law, the Town of Nantucket shall discontinue the current plans to
develop 6 Fairgrounds Road. The Town of Nantucket shall disentangle itself, to the greatest extent allowable by law, from existing contracts and agreements with Hallkeen
Management, Inc., regarding the development of this project.
Any planning for future development and usage of 6 Fairgrounds Road, as well as 2, 4,
6, 8, 10, 12, 14, and 16 Ticcoma Way, shall be done after the completion of the major
Page 29 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
mid – island developments currently underway, when their burden on traffic, parking, and other infrastructure can be adequately assessed..
(Matthew Reinemo, et al)
ARTICLE 64
(Moratorium on Town Housing)
To see if the town will vote to place a seven – year moratorium on the use of public resources for the purposes of new construction of housing. For a period of seven
(7) years, effective as soon as possible under the law, the town shall not use any public property, or resources, for the construction of new housing. This moratorium would
apply to the use of town – owned land whether currently owned or newly acquired, the use of public funds in the planning or construction of new housing, and the use of town employees in the furtherance or planning of new construction of housing.
For the duration of the seven (7) years the town shall not acquire any land for the
purposes of constructing new housing, nor shall it divest itself of land, through sale or lease, of any land for the purposes of construction of new housing.
This moratorium shall not apply to the acquisition of existing housing stock for the purpose of affordable housing, not shall it be construed to affect private developers and
the town’s efforts to encourage them to build affordable housing.
This article shall be severable in regard to legality. If one or more sections are found unenforceable or illegal, any and all other sections shall remain enforceable to the
fullest extent of the law.
(Matthew Reinemo, et al)
ARTICLE 65
(Bylaw Amendment: Personnel)
To see if the Town will vote to amend Chapter 33 (Personnel) 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; non-substantive changes to the numbering of this
bylaw shall be permitted in order that it be in compliance with the numbering format of
the Code of the Town of Nantucket):
§33-4. Applicability; collective bargaining agreements.
All Town departments and positions, except those under the jurisdiction of the School
Committee; Airport Commission; elected positions; employees of the Wannacomet Water Company that are under the direction and control of the Nantucket Water
Commission; the positions of Town Counsel, Town Prosecutor and Labor Counsel; and
certain positions for which the compensation is on a fee basis or the incumbents of
which render intermittent or casual services, shall be subject to the provisions of this
chapter and any rules and regulations adopted pursuant to this chapter. Provisions of
Page 30 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
collective bargaining agreements shall govern those employees whenever collective bargaining agreements conflict with the provisions of this chapter and any rules and
regulations adopted pursuant to this chapter.
(Board of Selectmen)
ARTICLE 66
(Establishment of a Parking Benefit District) To see if the Town will vote pursuant to General Laws Chapter 40, Section 22A½
to authorize the Board of Selectmen to designate one or more parking benefit districts, as geographically defined areas within the Town, in which parking revenue collected
therein may be designated, subject to appropriation, in whole or in part for use in that district through a dedicated fund in accordance with the purposes and uses listed in
section 22A of Chapter 40. In creating one or more parking benefit districts the Board of
Selectmen is hereby authorized to designate a Town board, official, or committee to manage said parking benefit district or districts; or to take any other action relative
thereto.
(Board of Selectmen)
ARTICLE 67
(Home Rule Petition: Select Board) To see if the Town will vote to request its representatives in the General Court to
introduce legislation seeking a special act so as to amend the Charter of the Town of Nantucket, Chapter 289 of the Acts of 1996, as follows:
The words “Board of Selectmen” are hereby deleted wherever such words appear in the Charter and are replaced with “Select Board” and the words “Selectman” and
“Selectmen” are hereby deleted wherever such words appear and replaced with the words “Member” and “Members” respectively; and Article III, Section 3-5 of said Charter
is also amended to add a new Section 3-5 (i) providing that “The Select Board shall have the full role of and all of the powers and authority of a Board of Selectmen under
the General Laws, and its members and officers shall have the full role of and all of the
powers and authority of the members and officers of a Board of Selectmen under the General Laws.”; and to authorize the General Court to make constructive changes in
perfecting the language of this proposed legislation in order to secure passage; and to take any other action as may be relative thereto.
(Melissa Murphy, et al)
ARTICLE 68 (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
Page 31 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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.
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
Page 32 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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 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
Page 33 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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. 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
Page 34 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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
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.
Page 35 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
(Board of Selectmen for Nantucket Water Commission, Siasconset Water Commission)
NOTE: The above home rule petition was approved as Article 75 of the 2016 Annual Town Meeting; and Article 87 of the 2017 Annual Town Meeting. Home rule petitions
currently pending before the legislature, which were not acted upon by December 31, 2017, may expire unless renewed by a confirmatory town meeting vote.
ARTICLE 69 (Home Rule Petition: Rescind Nantucket Mosquito Control Project Act)
To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for a special act in the form set forth below, rescinding Chapter 209 of the
Acts of 2014 that established the Nantucket Mosquito Control District; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before
enactment by the General Court; and, provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the
general public objectives of this petition:
AN ACT RESCINDING THE ESTABLISHMENT OF THE NANTUCKET MOSQUITO
CONTROL PROJECT
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. Chapter 209 of the Acts of 2014, establishing the Nantucket Mosquito Control Project, is hereby rescinded in its entirety.
SECTION 2. This act shall take effect upon its passage.
(Board of Selectmen)
ARTICLE 70 (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 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
Page 36 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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
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
Page 37 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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 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
Page 38 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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. (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
Page 39 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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. (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
Page 40 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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.
(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
Page 41 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
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.
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)
Page 42 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
NOTE: The above home rule petition was approved as Article 82 of the 2016 Annual Town Meeting; and Article 88 of the 2017 Annual Town Meeting. Home rule petitions
currently pending before the legislature, which were not acted upon by December 31, 2017, may expire unless renewed by a confirmatory town meeting vote.
ARTICLE 71
(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
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)
NOTE: The above home rule petition was approved as Article 89 of the 2017 Annual
Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2017, may expire unless renewed by a confirmatory
town meeting vote.
Page 43 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
ARTICLE 72 (Home Rule Petition: Real Estate Conveyances to Nantucket Islands Land Bank,
Nantucket Conservation Foundation, Inc., and/or ‘Sconset Trust, Inc.) To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court consistent with the requirements of Article 97 of the Amendments to the Massachusetts Constitution to enact special legislation to authorize the transfer and
conveyance of certain parcels of land in the Town of Nantucket held for open space,
recreational or conservation purposes, as described in more detail below and as shown on a map entitled “2018 Annual Town Meeting Warrant Article 72” dated January, 2018
and filed with the Office of the Town Clerk, to the Town of Nantucket for purposes of conveyance; and further to authorize the Board of Selectmen to convey the respective
parcels described below to the Nantucket Islands Land Bank, Nantucket Conservation Foundation, Inc., and/or ‘Sconset Trust, Inc.; 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:
AN ACT AUTHORIZING THE TOWN OF NANTUCKET TO SELL, CONVEY OR
OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF
NANTUCKET HELD FOR OPEN SPACE, RECREATIONAL OR CONSERVATION PURPOSES TO THE NANTUCKET ISLANDS LAND BANK, NANTUCKET
CONSERVATION FOUNDATION, INC., AND/OR ‘SCONSET TRUST, INC. FOR THE SAME PURPOSES
Be it enacted by the Senate and the House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Section 1. Pursuant to Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the Town of Nantucket may transfer, sell, convey or
otherwise dispose of certain parcels of land situated in the Town of Nantucket to the
Nantucket Islands Land Bank, Nantucket Conservation Foundation, Inc., and/or ‘Sconset Trust, Inc. for open space, recreational or conservation purposes and
described as follows:
Map Lot Number Address
42.2.3 19 76 Washington Street
58 9.3 Peat Swamp
73 7 49 Main Street, Siasconset
73.2.4 15 10 Ocean Avenue, Siasconset
Linden and Magnolia Streets,
Siasconset
75 20 Low Beach Road
75 119 3 Sandsbury Road
75 145 Low Beach Road
Page 44 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
82 13 Smooth Hummocks
82 Formerly 17 (portion of)
Smooth Hummocks portion of Share
8, all or portions Lots 133-
162,193,195,197,199, 201, 203, 207
,209,211,213, 216-222, and all or
portions of Thorndike, Goddard,
Division, Hummock, Manter, and
Pitman Streets as shown in Plan
Book 2 Pg 6 (1874)
92 7 Low Beach Road
92 22 Tom Nevers
Any such disposition shall be on such terms and conditions as the Board of Selectmen
deem appropriate, which may include the reservation of restrictions and easements, all as shown on a map entitled “2018 Annual Town Meeting Warrant Article 72” dated
January, 2018 and filed with the Office of the Town Clerk.
Section 2. This act shall take effect upon its passage.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 73 (Home Rule Petition: Conveyance of Land from County to Town
To see if the Town will vote to authorize the Board of Selectmen to petition the General Court consistent with the requirements of Article 97 of the Amendments to the
Massachusetts Constitution to enact special legislation to authorize the transfer,
conveyance or otherwise disposition of certain parcels of land owned by the County of Nantucket held for open space purposes, as described in more detail below and as
shown on a map entitled “2018 Annual Town Meeting Warrant Article 73” dated January, 2018 and filed with the Office of the Town Clerk, to the Town of Nantucket for
open space and recreational purposes and for purposes of conveyance of a portion of Parcel 71 as shown on Tax Assessor’s Map 55.1.4 (111 Washington Street); and further
to authorize the Board of Selectmen to convey a portion of Parcel 71 as shown on Tax
Assessor’s Map 55.1.14 for open space and conservation purposes, subject to Massachusetts General Laws, Chapter 30B 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:
AN ACT APPROVING THE CONVEYANCE OF LAND FROM THE COUNTY OF
NANTUCKET AND AUTHORIZING THE TOWN OF NANTUCKET TO SELL, CONVEY OR OTHERWISE DISPOSE OF A PORTION OF SAID LAND SITUATED IN THE
TOWN OF NANTUCKET HELD FOR OPEN SPACE PURPOSES
Page 45 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
Be it enacted by the Senate and the House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Section 1. Pursuant to Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts and notwithstanding the provisions of any general or
special law to the contrary, the County of Nantucket may transfer, sell, convey or
otherwise dispose of certain parcels of land situated in the Town of Nantucket to the Town of Nantucket for open space and recreational purposes and described as follows:
Tax Assessor’s Map 55.1.4, Parcels 38 (104 Washington Street);
Tax Assessor’s Map 55.1.4, Parcel 71 (111 Washington Street); and
Tax Assessor’s Map 55.1.4, Parcel 105 (109 Washington Street)
and for purposes of conveyance a portion of Parcel 71, shown on Tax Assessor’s Map 55.1.1.4, (111 Washington Street).
Section 2. The provisions of Chapter 30B of the Massachusetts General Laws and any
rights of first refusal in the Commonwealth of Massachusetts pursuant to the provisions
of Section 14 of Chapter 34 of the Massachusetts General Laws shall not be applicable to the conveyance authorized from the County of Nantucket to the Town of Nantucket.
Section 3. Pursuant to Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the Town of Nantucket may transfer, sell, convey or
otherwise dispose of a certain parcel of land situated in the Town of Nantucket
described as being a portion of Parcel 71 shown on Tax Assessor’s Map 55.1.4, 111 Washington Street, for open space and conservation purposes, subject to
Massachusetts General Laws, Chapter 30B, as applicable.
Any such disposition of said land shall be on such terms and conditions as the Board of
Selectmen deem appropriate, which may include the reservation of restrictions, and easements
Section 4. This act shall take effect upon its passage.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 74 (Home Rule Petition: Real Estate Conveyance of Portion of 264 Polpis Road)
To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court consistent with the requirements of Massachusetts General Laws, Chapter 114 to enact special legislation to authorize the transfer and conveyance of a
portion of a certain parcel of land in the Town of Nantucket held for cemetery purposes, as described in more detail below and as shown on a map entitled “2018 Annual Town
Page 46 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
Meeting Warrant Article 74” dated January, 2018 and filed with the Office of the Town Clerk, to the Town of Nantucket for purposes of conveyance; and further to authorize the
Board of Selectmen to convey a portion of the respective parcel described 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:
AN ACT AUTHORIZING THE TOWN OF NANTUCKET TO SELL, CONVEY OR OTHERWISE DISPOSE OF A PORTION OF CERTAIN LAND SITUATED IN THE
TOWN OF NANTUCKET HELD FOR CEMETERY PURPOSES
Be it enacted by the Senate and the House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. Pursuant to Massachusetts General Laws, Chapter 114 and notwithstanding the provisions of any general or special law to the contrary, the Town of Nantucket may
transfer and convey a portion of a certain parcel of land situated in the Town of Nantucket held for cemetery purposes to the Town of Nantucket for purposes of
conveyance; and further to authorize the Board of Selectmen to sell, convey or
otherwise dispose of a portion of land described as follows:
Tax Assessor’s Map 25, Parcel 28 (Portion of 264 Polpis Road).
Any such disposition shall be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of restrictions and easements, all
as shown on a map entitled “2018 Annual Town Meeting Warrant Article 74” dated
January, 2018 and filed with the Office of the Town Clerk.
Section 2. This act shall take effect upon its passage.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 75
(Home Rule Petition: Real Estate Conveyance of Portion of 1 Milestone Road)
To see if the Town will vote to authorize the Board of Selectmen to petition the General Court consistent with the requirements of Article 97 of the Amendments to the
Massachusetts Constitution to enact special legislation to authorize the transfer and conveyance of a portion of a certain parcel of land in the Town of Nantucket owned by
the Town of Nantucket for water supply and water protection purposes, as described in more detail below and as shown on a map entitled “2018 Annual Town Meeting Warrant
Article 75” dated January, 2018 and filed with the Office of the Town Clerk, to the Town
of Nantucket for roadway purposes, 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:
Page 47 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
AN ACT AUTHORIZING THE TOWN OF NANTUCKET TO TRANSFER, CONVEY OR
OTHERWISE DISPOSE OF A PORTION OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET HELD FOR WATER SUPPLY AND WATER PROTECTION
PURPOSES TO THE TOWN OF NANTUCKET FOR ROADWAY PURPOSES
Be it enacted by the Senate and the House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Section 1. Pursuant to Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts and notwithstanding the provisions of any general or
special law to the contrary, the Town of Nantucket may transfer, convey or otherwise dispose of a portion of a certain parcel of land situated in the Town of Nantucket to the Town of Nantucket for roadway purposes described as follows: Tax Assessor’s Map 54,
Parcel 46 (a portion of) 1 Milestone Road.
Any such disposition shall be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of restrictions and easements, all
as shown on a map entitled “2018 Annual Town Meeting Warrant Article 75” dated
January, 2018 and filed with the Office of the Town Clerk.
Section 2. This act shall take effect upon its passage.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 76
(Real Estate Acquisition: Moorlands Management District (MMD)) To see if the Town will vote to authorize the Board of Selectmen to acquire by
purchase, gift or eminent domain for open space purposes and for the purpose of
conveyance to the Nantucket Islands Land Bank the fee or lesser interest in all or any portions of the following right of ways, easements or parcels of land; and further to
authorize the Board of Selectmen to convey, sell or dispose of the fee or any lesser interests in all or a portion of the following parcels of land to the Nantucket Islands Land
Bank for all purposes pursuant to their enabling legislation subject to Massachusetts
General Laws, Chapter 30B, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of
restrictions and easements:
Tax Assessor’s Map 82, Parcel 13 (Smooth Hummocks)
Tax Assessor’s Map 82, Parcel (portions of) 17 (former reference): portion
of Share 8, lots 193,195,197,199, 201, 203, 207, 209, 211, 213 and
portion of 223 and all or portions of paper roads shown on said plan identified as Thorndike, Goddard, Division, Hummock, Manter, and
Pitman Streets shown on a plan on file at the Nantucket Registry of Deeds, Book 2, Plan 6.
Page 48 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 76
Acquisition of Misc. Parcels” dated January, 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 77 (Real Estate Acquisition/Transfer: Land for Roadway/Roundabout Purposes)
To see if the Town will vote to transfer the care, custody, management and control of the following parcels of land from the following boards for the purposes for which they are currently held to the Board of Selectmen for roadway purposes as
follows:
• Tax Assessor’s Map 55, Parcel 137 (a portion of),10 Surfside Road, from the School Committee held for school purposes;
• Tax Assessor’s Map 54, Parcel 46 (a portion of), 1 Milestone Road, from
Wannacomet Water Company Commissioners held for water purposes;
• Tax Assessor’s Map 69, Parcel 3.1 (a portion of), 10 Sun Island Road,
from the Nantucket Memorial Airport Commissioners held for aviation purposes.
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 77
Acquisition/Transfer of Land for Roadway/Roundabout Purposes” dated January, 2018
and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 78
(Real Estate Conveyance: Open Space: Nantucket Islands Land Bank, Nantucket Conservation Foundation, Inc., and/or ‘Sconset Trust, Inc.)
To see if the Town will vote to transfer the care, custody, management and
control of the parcels listed below from the Board of Selectmen held for open space, recreational and conservation purposes, or from the Town Treasurer held for tax title
purposes, to the Board of Selectmen for the purpose of conveyance; and further to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or
lesser interests in the following properties to the Nantucket Islands Land Bank, Nantucket Conservation Foundation, Inc., and/or ‘Sconset Trust, Inc., 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:
Map Lot Number Street
55.1.4 71 (portion of) 111 Washington Street
Page 49 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
58 9.3 Peat Swamp
73 7 49 Main Street, Siasconset
73.2.4 15 10 Ocean Avenue, Siasconset
Linden and Magnolia Streets, Siasconset
75 20 Low Beach Road
75 119 3 Sandsbury Road
75 145 Low Beach Road
82 13 Smooth Hummocks
82 Formerly 17 (portion of)
and 17.8
Smooth Hummocks portion of Share 8, all or
portions of Lots 133-162,193,195,197,199,
201, 203, 207, 209, 211, 213, 216-223, 227,
229, 231, 233, 235, 237, 239, 241, 243, 245
and 247, and all or portions of Thorndike,
Goddard, Division, Hummock, Manter, and
Pitman Streets as shown in Plan Book 2 Pg 6
(1874)
88 67 (portion of) Surfside
92 7 Low Beach Road
92 22 Tom Nevers
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 78” dated
January, 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 79
(Real Estate Conveyances: Portion of 111 Washington Street and Portion of Surfside Parcel)
To see if the Town will vote to transfer the care, custody, management and control of the following parcel of land from the following boards or town officials for the
purposes for which they are currently held as described below to the Board of
Selectmen for purposes of conveyance; and further to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests in the following
properties, subject to Massachusetts General Laws Chapter 30B, 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:
• Tax Assessor’s Map 55.1.4, Parcel (portion of) 71 (111 Washington Street) from
the Board of Selectmen held for open space purposes;
• Tax Assessor’s Map 88, Parcel 67 (Surfside) from the Town Treasurer held for
tax title purposes.
Page 50 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 79” dated January, 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 80 (Real Estate Conveyance: Portion of 264 Polpis 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 a portion of land known as 264 Polpis
Road (Map 25, Parcel 28), subject to Massachusetts General Laws Chapter 30B, 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.
All as shown on a map entitled “2018 Special Town Meeting Warrant Article 80
Disposition of a Portion of 264 Polpis Road” dated January, 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Cemetery Commission)
ARTICLE 81 (Real Estate Acquisition: Portions of Lincoln Avenue)
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, public way purposes and for purposes of conveyance the fee or lesser interests together with any public or
private rights of passage, the portion of Lincoln Avenue lying between the northern sidelines of the properties known as 10, 12 and 14 Lincoln Avenue, shown upon
Assessor’s Map 30 as Parcels 184, 183, and 182 respectively, and extending to the
southwestern limits of the sideline of Lincoln Avenue, shown as the highlighted area on a plan dated May 27, 1948.
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 81
Acquisition of Portions of Lincoln Avenue” dated January, 2018 and filed herewith at the
Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 82
(Real Estate Conveyance: Portions of Lincoln Avenue) 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 a portion of the land described below pursuant to Massachusetts General Laws, Chapter 30B and guidelines
Page 51 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
established under the “Nantucket Yard Sale” 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 the portion of Lincoln Avenue lying between the northeastern
sidelines of the properties known and numbered as 10, 12 and 14 Lincoln Avenue, shown upon Assessor’s Map 30 as Parcels 184, 183, and 182 respectively, and
extending to the southwestern limits of the sideline of Lincoln Avenue, shown as the
highlighted area on a plan dated May 27, 1948.
All as shown on a map entitled “2018 Annual Town Meeting Warrant Article 82” dated January, 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 83 (Real Estate Acquisition: Nobadeer Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by
purchase, gift or eminent domain, for public ways, sewers, open space, general municipal purpose and/or 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 a portion of Nobadeer Avenue as shown on a sketch plan submitted herewith.
Or to take any other action related thereto.
(Liza Ottani, et al)
ARTICLE 84 (Real Estate Conveyance: Nobadeer Avenue)
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 Chapter 30B of the Massachusetts General Laws, 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 a portion of Nobadeer
Avenue as shown on a sketch plan submitted herewith.
Or to take any other action related thereto.
(Liza Ottani, et al)
ARTICLE 85
(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
Page 52 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
passage, in the portion of Sandwich Road (Monomoy) lying between the south easterly sideline of the property know and numbered as 13 Monomoy Road, shown upon
Assessor Map 54 as Parcel 198, and extending north easterly and then westerly to the eastern sideline of Monomoy Road, approximately 650+/- feet in length, or to take any
other action related thereto.
(Steven Cohen, et al)
ARTICLE 86
(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)
lying between the south easterly sideline of the property know and numbered as 13 Monomoy Road, shown upon Assessor Map 54 as Parcel 198, and extending north
easterly and then westerly to the eastern sideline of Monomoy Road, approximately
650+/- feet in length, or to take any other action related thereto.
(Steven Cohen, et al)
ARTICLE 87 (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
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.
(Scott Bamber, et al)
ARTICLE 88 (Release of Sewer Easement)
To see if the Town will vote to authorize the Board of Selectmen to alter, amend, and/or release, or otherwise dispose of any interest the Town may have in, or to, that
certain Sewer Easement shown on Land Court Plans No. 26439-U (filed with Certificate
of Title No. 18185) and 26439-V (filed with Certificate of Title No. 18185) on file with the Nantucket County Registry District for the Land Court, subject to Massachusetts
General Law Chapter 30B, and to take any other action as may be related or appropriate thereto.
Page 53 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
(Elaine A. Dias, et al)
ARTICLE 89 (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 2018 tax levy.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 90 (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)
Page 54 Town of Nantucket 2018 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 TENTH DAY OF APRIL, 2018 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 One for a term of three years
School Committee Two for terms of three years
Historic District Commission One for a term of three years
Nantucket Housing Authority One for a term of five 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 two 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 Should the Town of Nantucket take appropriate actions, in a time of climate change and
rising sea level, to preserve Nantucket’s coastal beaches as open spaces?
2. Debt Exclusion for Old South Road Area Transportation Improvements 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 in order to
make various transportation-related improvements in the Old South Road area including the costs of professional services for design, permitting, engineering, construction,
construction supervision, materials, and other related professional services, and any other costs incidental and related thereto?
3. Debt Exclusion for Public Works Facility Improvements - Design
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 in order to design improvements to the Department of Public Works facility at 188 Madaket Road,
Page 55 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
including the costs of professional services for design, permitting, engineering, and other related professional services, and any other costs incidental and related thereto?
4. Debt Exclusion for Renovation of Marine Dept. Building at 34 Washington Street
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 in order to
renovate the Marine Department building at 34 Washington Street, including the costs of
professional services for design, permitting, engineering, construction, construction supervision, materials, and other related professional services, and any other costs
incidental and related thereto?
5. Debt Exclusion for Storm Water Discharge System Improvements 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 in order to
make improvements to the Town’s storm water discharge system, including the costs of professional services for design, permitting, engineering, construction, construction
supervision, materials, and other related professional services, and any other costs incidental and related thereto?
6. Debt Exclusion for Sparks Avenue Sidewalk Improvements 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 in order to make improvements to the sidewalk along Sparks Avenue from Atlantic Avenue to the
Mid-Island Round-a-bout, including the costs of professional services for design, permitting, engineering, construction, construction supervision, materials, and other
related professional services, and any other costs incidental and related thereto?
7. Debt Exclusion for Sewer Infrastructure Repairs
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 the bonds issued in order to
design, permit, and construct repairs and improvements to the Town’s sewer
infrastructure in the vicinity of the Sea Street Pumping Station extending to the Town’s wastewater treatment plant on South Shore Road that are required to address the sewer
force main failure that occurred on January 4, 2018, in the vicinity of the Sea Street Pumping Station, including all costs incidental and related thereto?
8. Capital Outlay Exclusion Ballot Question (All Projects Combined) Shall the Town of Nantucket be allowed to assess an additional $1,545,720 in real
estate and personal property taxes for the following purposes in the amounts as follows for the fiscal year beginning July 1, 2018?
Department Purpose Amount
Public Works
CCTV - Continuation of work begun in FY18
(related to Storm Water Infrastructure
Assessment and minor repairs to identified structures during the camera assessment) $ 100,000
Public Works New Vac-con Truck (related to Storm Water 350,000
Page 56 Town of Nantucket 2018 Annual Town Meeting and Election Warrant
Infrastructure Maintenance)
Public Works New Tracked Aerial Lift (10-year life cycle) 130,000
Public Works New Skid Steer with trailer (5-year life cycle) 115,000
Public Works New 1-ton Stake Body Truck with plow (10-year life cycle) 85,000
Public Works
New 1-ton Dump Truck with plow (5-year life
cycle) 85,000
Fire Self-Contained Breathing Apparatus (SCBA) Replacements 90,720
Information Technology
Server Virtualization Implementation - update to
town-wide server infrastructure; new and/or
replacement servers - setup of more efficient operating environment 190,000
School
Playground Installation – for the property abutting
the Backus Lane playing fields 400,000
Total Capital Exclusion: $1,545,720
Page 57 Town of Nantucket 2018 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 twenty-fourth day of January in the year Two Thousand
Eighteen.
____________________________________
Dawn E. Hill Holdgate, Chairman
____________________________________ Matthew G. Fee, Vice Chairman
____________________________________
James R. Kelly
____________________________________
Jason M. Bridges
____________________________________ Rita Higgins
SELECTMEN OF NANTUCKET, MA
Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the
Warrant of January 24, 2018 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 58 Town of Nantucket 2018 Annual Town Meeting and Election Warrant