HomeMy WebLinkAboutATM 18 ART 71 HR Housing Covenants1
Town of Nantucket
ulu
OFFICE OF THE
TOWN & COUNTY
CLERK
16 Broad Street
NANTUCKET, MASSACHUSETTS 02554-3590
Catherine Flanagan Stover, MMC, CMMC
Town & County Clerk
(508) 228-7216
FAX (508) 325-5313
Home: (508) 228-7841
Email: cstover@nantucket-ma.gov
flanaganstover@yahoo.com
townclerk@nantucket-ma.gov
WEBSITE: http://www.nantucket-ma.gov
ulu
April 4, 2018
TO WHOM IT MAY CONCERN:
I, Catherine Flanagan Stover, duly elected Clerk of the Town and County of Nantucket, hereby
certify that the April 3, 2018 ANNUAL TOWN MEETING adopted Article 71: “Home Rule
Petition: Amending Special Act Authorizing Affordable Housing Covenants ” at the April 3,
2018 adjourned session when “...the adoption of all articles not heretofore acted upon as
recommended by the Finance Committee, or as recommended by the Planning Board, was
duly motioned, seconded, and voted in accordance with the motions recommended by the
Finance Committee or, in the absence of a Finance Committee motion, then in accordance with
the motions as recommended by the Planning Board, as printed in the Finance Committee
Report, with technical amendments brought forward during the course of the meeting…”
VOTE: The vote on the motion pursuant to Article 71 as moved by the Finance
Committee, was by Unanimous Voice Vote. The motion was adopted.
Catherine Flanagan Stover, MMC, CMMC
Town and County Clerk
ATM 18 Article 71,Page 1 of 3
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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Housing Covenants in the Town of Nantucket,” is hereby repealed and the following text is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.
FINANCE COMMITTEE MOTION: Moved that the Town ’s representatives to the General
Court are hereby requested to introduce legislation as set forth below; and, that the General
Court, with the approval of the Board of Selectmen, make constructive changes in the text
hereof as may be necessary or advisable to accomplish the intent of this proposed
legislation in order to secure its passage, as follows:
AN ACT AMENDING THE ACT AUTHORIZING AFFORDABLE HOUSING
COVENANTS IN THE TOWN OF NANTUCKET.
3
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 retenti on of rental and other housing or
occupancy by middle income persons and families.
SECTION 2.This act shall take effect upon its passage.