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Home My WebLink AboutATM 18 ART 73 HR Land Convey1 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 73: “Home Rule Petition: Conveyance of Land from County to Town ” at the April 3, 2018 adjourned session. VOTE: The vote on the motion pursuant to Article 73 as recommended by the Finance Committee, was by Majority Voice Vote. The motion was adopted. Catherine Flanagan Stover, MMC, CMMC Town and County Clerk ATM 18 Article 73,Page 1 of 3 2 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 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. 3 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) 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 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 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.