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HomeMy WebLinkAbout2016 ATM warrant with FC motions FINAL COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET 2016 Annual Town Meeting Saturday, April 2, 2016 9:00 AM Nantucket High School Mary P. Walker Auditorium Page i Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7255 www.nantucket-ma.gov BOARD OF SELECTMEN Robert DeCosta, Chairman Matthew G. Fee, Vice Chairman Rick Atherton Tobias B. Glidden Dawn E. Hill Holdgate FINANCE COMMITTEE James R. Kelly, Chairman Clifford J. Williams, Vice Chairman Joseph T. Grause, Jr. Stephen Maury Peter A. McEachern Matthew Mulcahy Craig Spery John E. Tiffany David Worth, Jr. PLANNING BOARD Barry G. Rector, Chairman Linda Williams, Vice Chairman Nathaniel Lowell Joseph Marcklinger John McLaughlin MODERATOR Sarah F. Alger Page ii Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions AMERICANS WITH DISABILITIES ACT NOTICE The Town of Nantucket advises applicants, participants and the public that it does not discriminate on the basis of disability in, admission to, access to, treatment or employment in its programs, services and activities. The Town of Nantucket will provide auxiliary aids and services to access programs upon request. Inquiries, requests and complaints should be directed to the Town Manager, 16 Broad Street, Nantucket, MA 02554, (508) 228-7255. IF YOU NEED A LARGE PRINT VERSION OF THIS DOCUMENT, PLEASE CONTACT THE TOWN MANAGER’S OFFICE AT (508) 228-7255 Cover photo courtesy of Greg Hinson, MD/NantucketStock.com Page iii Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2016 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Receipt of Reports 1 2 Appropriation: Unpaid Bills 1 3 Appropriation: Prior Year Articles 2 4 Revolving Accounts: Annual Authorization 3 5 Appropriation: Reserve Fund 4 6 Fiscal Year 2016 General Fund Budget Transfers 4 7 Personnel Compensation Plans for Fiscal Year 2017 5 8 Appropriation: Fiscal Year 2017 General Fund Operating Budget 7 9 Appropriation: Health and Human Services 11 10 Appropriation: General Fund Capital Expenditures 12 11 Appropriation: Fiscal Year 2017 Enterprise Funds Operations 18 12 Appropriation: Enterprise Funds Capital Expenditures 19 13 Enterprise Funds: Fiscal Year 2016 Budget Transfers 23 14 Appropriation: Airport Aviation and Administration Building Project 23 15 Appropriation: School 24 16 Acceptance of Massachusetts General Law: Sewer Betterment Assessments 25 17 Acceptance of Massachusetts General Law: Sewer Betterment Deferral 25 18 Appropriation: Sewer Project/Nantucket Harbor Shimmo; Plus Infill Parcels in Town Sewer District 25 19 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes 26 20 Appropriation: Waterways Improvement Fund 41 21 Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2017 41 22 Appropriation: Ambulance Reserve Fund 42 23 Appropriation: County Assessment 42 24 Appropriation: Finalizing Fiscal Year 2017 County Budget 42 25 Rescind Unused Borrowing Authority 43 26 Appropriation: Ferry Embarkation Fee 44 27 Appropriation: Other Post-Employment Benefits Trust Fund 44 28 Appropriation: Collective Bargaining Agreement/Laborer’s Union 44 29 Community Preservation Committee: Fiscal Year 2017 Budget Transfers/ Beaugrand 45 30 Appropriation: FY 2017 Community Preservation Committee/Beaugrand 47 31 Appropriation: Siasconset Fire Station/Eldridge 53 32 Appropriation: Cost Reimbursement/Williams 53 Page iv Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2016 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 33 Zoning Bylaw Amendment/Home Rule Petition: Coastal Erosion Liability Waiver 53 34 Zoning Map Change: RC (Residential Commercial) to CMI (Commercial Mid- Island) - Bayberry Court, Cherry Street, Chin’s Way, Dave Street, Freedom Square, Hooper Farm Road, Orange Street, Pleasant Street, Sanford Road, Sparks Avenue and West Creek Road 56 35 Zoning Map Change: RC-2 (Residential Commercial-2) to CMI (Commercial Mid- Island) - Hanabea Lane, Nobadeer Farm Road, Old South Road and Wampanoag Way 65 36 Zoning Bylaw Amendment: Commercial Mid-Island 67 37 Zoning Map Change: RC-2 to CTEC and R-5 – Bartlett Road and Marble Way 70 38 Zoning Map Change: RC-2 and CTEC to R-10 or R-20 – Marble Way/Parsons 71 39 Zoning Map Change: RC-2 to CN and R-5 – Fairgrounds Road, Vincent Circle and Ticcoma Way 72 40 Zoning Map Change: R-1 to ROH – Various Locations 74 41 Zoning Map Change: R-20 to VR - Quidnet 77 42 Zoning Bylaw Amendment: Village Residential/Swimming Pool 79 43 Zoning Map Change: R-20 to R-40 or LUG-1 – Crooked Lane, Grove Lane and Madaket Road 80 44 Zoning Map Change: SR-20 to SR-5/Clifton Street, Comeau Lane and Sconset Avenue/Brescher 81 45 Zoning Map Change: CDT, ROH, R-1, R-20 and LUG-2 to R-40 - Town Open Space 83 46 Zoning Map Change: R-20, VR, LUG-1, and LUG-2 to LUG-3 – Country Open Space 85 47 Zoning Map Change: VTEC to VR, VTEC to LUG-3, and LUG-3 to VTEC – Hummock Pond Road 89 48 Zoning Map Change: LUG-2 to R-40 – Evergreen Way, Daffodil Lane and Airport Road/Lydon 90 49 Zoning Map Change: LUG-2 to LUG-1; 8 Masaquet Avenue/Santos 92 50 Zoning Map Change: LUG-2 to LUG-1 Surfside South – Boulevarde, Okorwaw Avenue and Lover’s Lane/Kennie 92 51 Zoning Bylaw Amendment: Tertiary Dwelling 93 52 Zoning Bylaw Amendment: ‘Tiny House Unit’ District/I. Stover 95 53 Zoning Bylaw Amendment: ‘Tiny House Village’ District/I. Stover 96 54 Zoning Bylaw Amendment: Secondary Lots 97 55 Zoning Bylaw Amendment: Secondary Lots – Qualified Family Member/Fredericks 102 56 Zoning Bylaw Amendment: Secondary Lots – Qualified Family Member/Collier 104 57 Zoning Bylaw Amendment: Major Commercial Development 107 58 Zoning Bylaw Amendment: Adult Use 118 Page v Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2016 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 59 Zoning Bylaw Amendment: Abandoned Vehicles 121 60 Zoning Bylaw Amendment: Miscellaneous Technical Changes 121 61 Bylaw Amendment: Obsolete Building Related Bylaws 125 62 Bylaw Amendment: Solid Waste Disposal 127 63 Bylaw Amendment: Town Property, Conveyance of 128 64 Bylaw Amendment: Personal Watercraft/Flyboarding/Perkins 128 65 Bylaw: Town of Nantucket Right to Farm/Wallace 129 66 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes 134 67 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes/Dawson 136 68 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes/Dimock 136 69 Bylaw Amendment: Management of Coastal Properties Owned by the Town/C. Stover 137 70 Bylaw Amendment: Nuisance Animals/Gale 138 71 Bylaw Amendment: Dog Licenses/C. Stover 139 72 Acceptance of Massachusetts General Law: Dog Licenses/C. Stover 140 73 Acceptance of Massachusetts General Law: Abandoned Motor Vehicles- Non- Criminal Proceedings 140 74 Home Rule Petition: Charter Amendment Regarding Publication of Town Meeting Warrants 140 75 Home Rule Petition: Merger of Nantucket Water Commission and Siasconset Water Commission 142 76 Home Rule Petition: Airport Fuel Revolving Fund 149 77 Home Rule Petition: Community Preservation Committee 150 78 Home Rule Petition: Increasing Residential Property Exemption 151 79 Home Rule Petition: Conveyance of Properties from County to Town 153 80 Home Rule Petition: Real Estate Conveyances to Nantucket Islands Land Bank and Madaket Conservation Land Trust (MCLT) 155 81 Home Rule Petition: Real Estate Conveyances from Nantucket Islands Land Bank to Town of Nantucket 157 82 Home Rule Petition: Community Housing and Sewer Funding 159 83 Home Rule Petition: Retired Police Officers to Serve as Special Police Officers 171 84 Home Rule Petition: Land Bank Act Amendment 173 85 Town Charter Amendment: Town Clerk/Grause 176 86 Home Rule Petition: Amendment of the Town of Nantucket Charter/DeCosta 177 87 Real Estate Acquisition: Airport Property 179 Page vi Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2016 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 88 Real Estate Acquisition/Conveyance of Parcels: Tom Nevers Head 179 89 Real Estate Acquisition: 42 Nobadeer Avenue 180 90 Lease of Town Land for Renewable Energy Projects 181 91 PILOT Agreements for Renewable Energy Facilities 181 92 Net Metering Credit Purchase Agreements 182 93 Long-term Lease Authorization: Airport Delta Property 182 94 Long-term Lease Authorization: 10 Sun Island Road 183 95 Real Estate Acquisition: Woodbine Street/Brescher 183 96 Real Estate Disposition: Woodbine/Brescher 183 97 Real Estate Acquisition: Poplar Street/Brescher 184 98 Real Estate Disposition: Poplar Street/Brescher 184 99 Real Estate Acquisition: 40 & 42R Sparks Avenue, 42 & 44 Sparks Avenue/C. Stover 184 100 Real Estate Acquisition: Wanoma Way/Reade 185 101 Real Estate Disposition: Wanoma Way/Reade 185 102 Real Estate Acquisition: Saccacha Ave/Reade 186 103 Real Estate Disposition: Saccacha Avenue/Reade 186 104 Municipal Aggregation 187 105 Appropriation: Capital Projects Stabilization Fund 187 106 Appropriation: Stabilization Fund 188 107 Appropriation: Free Cash 188 Planning Board Report 189 Zoning Article Glossary 191 NOTES: 1. PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS 2. UNLESS OTHERWISE NOTED UNDER THE FINANCE COMMITTEE MOTION, ALL VOTES NEEDED FOR PASSAGE OF ARTICLES IS A SIMPLE MAJORITY. Page 1 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 1 (Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2015 Annual Town Report or as may come before this meeting; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the reports of various departments and committees as are printed in the Fiscal Year 2015 Annual Town Report or as may come before this meeting be accepted and filed with the permanent records of the Town. 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) FINANCE COMMITTEE MOTION: Moved that Twenty-three Thousand One Hundred Fifty- nine Dollars and Eighty-seven Cents ($23,159.87) be appropriated from Free Cash to pay the General Fund unpaid bills from prior fiscal years; that Two Hundred Ninety-four Dollars ($294.00) be appropriated from Retained Earnings of the Nantucket Memorial Airport Enterprise Fund to pay the Airport enterprise fund unpaid bills from prior fiscal years; that Two Thousand Six Hundred Forty-eight Dollars and Fifty-nine Cents ($2,648.59) be appropriated from Retained Earnings of the Sewer Enterprise Fund to pay the sewer enterprise fund unpaid bills from prior fiscal years; that One Hundred Thirty-four Dollars and Sixteen Cents ($134.16) be appropriated from Administrative Expenses of the Community Preservation Committee (CPC) Fund to pay the CPC unpaid bills from prior fiscal years: DEPARTMENT VENDOR AMOUNT Health Dept Nantucket County Sheriff $ 65.00 Human Services My Senior Center $ 990.00 IS GIS Cape Air/Nantucket Airlines $ 52.88 Natural Resources Steamship Authority $ 327.50 Planning and Land Use Services Blackwell & Associates $ 1,135.35 Planning and Land Use Services Bracken Engineering, Inc. $ 3,715.00 Planning and Land Use Services Bracken Engineering, Inc. $ 680.00 Planning and Land Use Services Don Allen Auto Service $ 35.00 Public Buildings Clarion $ 1,024.00 Public Works Bamber Trucking $ 3,300.00 Public Works Bamber Trucking $ 85.00 Public Works Homer Ray Refrigeration LLC $ 280.00 Public Works Cape Air $ 62.69 Page 2 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Public Works Zenon Environmental Corp $ 1,452.25 Public Works NE Office Supply $ 123.67 Public Works Medawar Electronic Inc. $ 122.78 Public Works Nantucket Auto Body $ 2,326.69 Public Works Marine Home Center $ 120.41 Public Works Timothy Lepore, MD $ 625.00 Public Works Steamship Authority $ 4,248.87 Public Works Norton Medical Industries $ 58.00 Public Works Cape Air / Nantucket Airlines $ 184.90 Public Works Longfin, LLC $ 1,710.00 Tax Collector Ricoh $ 86.35 Town Administration National Construction Rentals $ 342.72 Town Clerk Ricoh $ 5.81 Subtotal General Fund Expense $23,159.87 Airport Partners Healthcare $ 144.00 Airport Norton Medical Industries $ 150.00 Subtotal Airport Enterprise Fund $ 294.00 Sewer Enterprise Fund Norton Medical Industries $ 58.00 Sewer Enterprise Fund National Grid $ 2,494.59 Sewer Enterprise Fund Partners Healthcare $ 96.00 Subtotal Sewer Enterprise Fund $ 2,648.59 Community Preservation Committee Nantucket Office Products $ 134.16 Subtotal Community Preservation Committee $ 134.16 Quantum of vote required for passage of this motion is 4/5 ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following appropriations and transfers are made for prior year articles: Page 3 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions FROM TO AMOUNT Article 10 of the 2015 Annual Town Meeting (OIH Transport Vehicle) Article 12 of the 2013 Annual Town Meeting (OIH Facility - System and Equipment Improvements) $12,810.00 Article 12 of the 2013 Annual Town Meeting (OIH Replace Flooring and Carpeting) Article 12 of the 2013 Annual Town Meeting (OIH Facility - System and Equipment Improvements) $41,599.71 ARTICLE 4 (Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws for Fiscal Year 2017; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby authorized to continue during Fiscal Year 2017 as follows: FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Beach Improvement Beach Permit Sticker sales Town Manager with approval of Board of Selectmen In accordance with c. 56 § 7A of Town Code, including endangered species monitor program; beach patrols/monitors; beach use education/information $509,811 Community Recreation Programming Sports programs fees Town Manager Operation and maintenance of town owned recreational facilities, Town-owned athletic fields, courts and parks for recreational, organized sports, sports camps and playing field activities. $101,000 Tennis Court Tennis Fees Town Manager Operation and maintenance of tennis court facility $ 21,452 Conservation Fund Conservation Commission application fees Town Manager with approval of Conservation Commission Consulting services in connection with professional review of applications $35,000 Septic System Inspections Septic system application fees Town Manager with approval of Board of Health Contractor services in connection with septic system inspections; costs associated septic system inspection related training and portion of salaries for staff in connection with septic system duties and responsibilities, together with the proportionate costs of fringe benefits associated with the salaries so paid $86,604 Page 4 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Seasonal Food Service Inspections Food service permit fees Town Manager with approval of Board of Health Seasonal food service inspections; costs associated with seasonal food service inspection training and public awareness materials. Salaries for staff in connection with food service inspections. $67,066 Lifeguard Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of lifeguard housing facilities $25,000 Public Works Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of public works housing facilities $10,000 Low Beach Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of Low Beach housing facilities $69,500 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 2017; said sum not to exceed five (5) percent of the Fiscal Year 2016 tax levy; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be raised and appropriated from the Fiscal Year 2017 tax levy and other general revenues of the Town to establish a reserve fund for Fiscal Year 2017 pursuant to Chapter 40, section 6 of the General Laws. ARTICLE 6 (Fiscal Year 2016 General Fund Budget Transfers) To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2016 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) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred between the various Fiscal Year 2016 accounts and expenditures as follows: FROM TO AMOUNT Insurance Premium: Medical Blue Cross Information Technology Department, Expenses $30,000 Page 5 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions PLUS, Salaries Health Department, Salaries $75,920 Easy Street Bulkhead Principal Health Department, Expenses $5,000 Insurance Premium: Medical Blue Cross Legal $50,000 Easy Street Bulkhead Interest Town Administration, Expenses $10,000 Insurance Premium: Medical Blue Cross Public Works, Salaries $50,000 Insurance Premium: Medical Blue Cross Public Works, Expenses $50,000 Easy Street Bulkhead Principal Fire Department, Salaries $35,000 Easy Street Bulkhead Interest Fire Department, Capital $10,000 ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2017) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2017: Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building, Plumbing, Wiring Inspector, Assistants (hourly) Up to 50.00 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Dietician/Our Island Home (hourly) 39.00 Election Warden (hourly) 20.00 Election Worker (hourly) 15.00 EMT, Call (hourly) 15.00 Fire Captain, Call (yearly) 150.00 Fire Fighter, Call (hourly) 15.00 Fire Lieutenant, Call (yearly) 125.00 Fire Chief, Second Deputy (yearly) 5,000.00 Fire Chief, Third Deputy (yearly) 5,000.00 Licensed Practical Nurse/Our Island Home (Per Diem – hourly) 25.00 Mooring Enforcement Officer (hourly) 30.00 Registered Nurse/Our Island Home (Per Diem – hourly) 35.00 Registrar of Voters (yearly) 600.00 Registrar, Temporary Assistant (hourly) 10.00 Temporary Employee various rates of pay Veterans' Agent (hourly) 15.00 Schedule B – Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 2, 2016 – April 1, 2017) Compensation Level Start Second Season Third Season Fourth Season A-Hourly* $15.00 $16.00 $17.00 $18.00 Page 6 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions B-Hourly* $15.50 $16.50 $17.50 $18.50 C-Hourly* $16.50 $17.50 $18.50 $19.50 D-Hourly* $17.50 $18.50 $19.50 $20.50 E-Hourly* $19.50 $20.00 $20.50 $21.00 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Tennis Attendant, Information Aide, Matron B: Seasonal Health Assistant, Shellfish Warden, Seasonal Natural Resources Enforcement Officer C: Dock Worker, Natural Resources Technician, Seasonal Permit Sales Clerk D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal Laborer E: Lead Lifeguard, Lead Dock Worker, Tennis Instructor, Seasonal Recreational Coordinator, Reserve Police Officer Schedule C -- Compensation Schedule for Elected Officials* Moderator $175 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $97,194 *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) FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted (changes from the Article are shown as follows: items to be deleted shown by strike-out; items to be added shown as highlighted text): Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building, Plumbing, Wiring Inspector, Assistants (hourly) Up to 50.00 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Dietician/Our Island Home (hourly) 39.00 Election Warden (hourly) 20.00 Election Worker (hourly) 15.00 EMT, Call (hourly) 15.00 Fire Captain, Call (yearly) 150.00 Fire Fighter, Call (hourly) 15.00 Fire Lieutenant, Call (yearly) 125.00 Fire Chief, Second Deputy (yearly) 5,000.00 Fire Chief, Third Deputy (yearly) 5,000.00 Licensed Practical Nurse/Our Island Home (Per Diem – hourly) 25.00 Page 7 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Mooring Enforcement Officer (hourly) 30.00 Seasonal Assistant Harbormaster (hourly) 30.00 Seasonal Maintenance Supervisor/Public Works (hourly) 21.00 Registered Nurse/Our Island Home (Per Diem – hourly) 35.00 Registrar of Voters (yearly) 600.00 Registrar, Temporary Assistant (hourly) 15.00 10.00 Temporary Employee various rates of pay Veterans' Agent (hourly) 15.00 Schedule B – Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 2, 2016 – April 1, 2017) Compensation Level Start Second Season Third Season Fourth Season A-Hourly* $15.00 $16.00 $17.00 $18.00 B-Hourly* $15.50 $16.50 $17.50 $18.50 C-Hourly* $16.50 $17.50 $18.50 $19.50 D-Hourly* $17.50 $18.50 $19.50 $20.50 E-Hourly* $19.50 $20.00 $20.50 $21.00 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Tennis Attendant, Information Aide, Matron B: Seasonal Health Assistant, Shellfish Warden, Seasonal Natural Resources Enforcement Officer C: Dock Worker, Natural Resources Technician, Seasonal Permit Sales Clerk D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal Laborer E: Lead Lifeguard, Lead Dock Worker, Tennis Instructor, Seasonal Recreational Coordinator, Reserve Police Officer Schedule C -- Compensation Schedule for Elected Officials* Moderator $175 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $97,194 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. ARTICLE 8 (Appropriation: Fiscal Year 2017 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 2017; or to take any other action related thereto. Page 8 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2017 operating budget is established for the various offices, boards, and commissions of the Town as follows: DEPARTMENT Fiscal Year 2017 FY 2016 PAYROLL OPERATING TOTAL BUDGET ARTICLE 8 TOTAL GENERAL GOVERNMENT Finance Committee $ 18,680 $ 18,680 $ 17,675 Finance & Operations $ 1,750,131 $ 538,210 $ 2,288,341 $ 2,128,201 Human Resources $ 218,700 $ 52,650 $ 271,350 $ 181,470 Information Systems / GIS $ 519,570 $ 411,600 $ 931,170 $ 821,410 Legal $ 401,000 $ 401,000 $ 344,000 Moderator $ 180 $ 1,500 $ 1,680 $ 1,680 Planning and Land Use Services $ 1,503,809 $ 362,500 $ 1,866,309 $ 1,883,121 Natural Resources $ 518,884 $ 124,812 $ 643,696 $ 556,124 Town Administration $ 976,865 $ 529,800 $ 1,506,665 $ 896,050 Town Clerk $ 257,980 $ 66,550 $ 324,530 $ 320,990 Subtotal $ 5,746,119 $ 2,507,302 $ 8,253,421 $ 7,150,721 SAFETY & PROTECTION Emergency Management $ 7,000 $ 7,000 $ 7,000 Fire Department $ 2,569,108 $ 405,738 $ 2,974,846 $ 2,613,188 Police Department $ 4,988,214 $ 715,430 $ 5,703,644 $ 5,549,410 Street Lighting $ 165,000.00 $ 165,000.00 $ 180,000.00 Subtotal $ 7,557,322 $ 1,293,168 $ 8,850,490 $ 8,349,598 MARINE & COASTAL RESOURCES Page 9 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Marine Department $ 733,838 $ 81,750 $ 815,588 $ 773,275 Subtotal $ 733,838 $ 81,750 $ 815,588 $ 773,275 MAINTENANCE Gas / Town Vehicles $ 375,000 $ 375,000 $ 380,000 Mosquito Control $ 105,063 $ 105,063 $ 102,500 Public Buildings $ 1,067,100 $ 1,067,100 $ 997,350 Public Works $ 2,429,456 $ 482,900 $ 2,912,356 $ 2,546,696 Snow and Ice Removal $ 7,600 $ 75,000 $ 82,600 $ 35,000 Subtotal $ 2,437,056 $ 2,105,063 $ 4,542,119 $ 4,061,546 HUMAN SERVICES Human Services $ 372,110 $ 63,950 $ 436,060 $ 424,290 Subtotal $ 372,110 $ 63,950 $ 436,060 $ 424,290 CULTURE & RECREATION Atheneum $ 702,165 $ 702,165 $ 693,439 Town Clock $ 4,700 $ 4,700 $ 4,700 Visitor Services $ 288,391 $ 153,700 $ 442,091 $ 422,645 Subtotal $ 288,391 $ 860,565 $ 1,148,956 $ 1,120,784 CONTRACTUALOBLIGATIONS $ 386,611 $ - $ 386,611 $ 442,655 TOTAL OF DEPT OPERATING BUDGETS $ 17,521,447 $ 6,911,798 $ 24,433,245 $ 22,322,869 EDUCATION Community School $ 400,000 $ 65,000 $ 465,000 $ 350,000 Page 10 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions School Department $ 21,109,849 $ 4,976,793 $ 26,086,642 $ 25,086,642 Subtotal $ 21,509,849 $ 5,041,793 $ 26,551,642 $ 25,436,642 GRAND TOTAL OF GEN GOV'T OPER BUDGETS $ 39,031,296 $ 11,953,591 $ 50,984,887 $ 47,759,511 DEBT SERVICE Principal & Interest $ - $ 7,080,065 $ 7,080,065 $ 7,255,057 Subtotal $ - $ 7,080,065 $ 7,080,065 $ 7,255,057 INSURANCES Auto Casualty $ 134,400 $ 134,400 $ 120,000 Blanket Liability $ 1,600,480 $ 1,600,480 $ 1,429,000 Claims Deductible $ 72,800 $ 72,800 $ 65,000 Insurance Consulting $ 44,800 $ 44,800 $ 40,000 Medical Insurance $ 11,640,230 $ 11,640,230 $ 10,758,000 Unemployment $ 170,000 $ 170,000 $ 170,000 Workers Compensation $ 197,000 $ 197,000 $ 197,000 Laborer's Union Pension $ 44,880 $ 44,880 $ 44,000 Subtotal $ 12,052,110 $ 1,852,480 $ 13,904,590 $ 12,823,000 ASSESSMENTS Barnstable Retirement $ 3,921,257 $ - $ 3,921,257 $ 3,567,165 Subtotal $ 3,921,257 $ - $ 3,921,257 $ 3,567,165 GRAND TOTAL OF OPERATING BUDGET $ 55,004,663 $ 20,886,136 $ 75,890,799 $ 71,404,733 Page 11 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions And to meet these appropriations, the sum of Seventy-five Million Seven Hundred Fifty- three Thousand Six Hundred Ninety-nine Dollars ($75,753,699) be raised and appropriated from the Fiscal Year 2017 tax levy and other general revenues of the Town; that Sixty-five Thousand Dollars ($65,000) be transferred from the Central Office Modular in Article 10 of the 2015 Annual Town Meeting and; that Seventy-two Thousand One Hundred Dollars ($72,100) be transferred from Free Cash in the Treasury of the Town, for one-time expenses that are included in various departmental budgets. The budget unanimously recommended by the Nantucket School Committee for the School Department, including the Nantucket Community School, for Fiscal Year 2017 is Twenty-six Million Five Hundred Fifty-one Thousand Six Hundred Forty-two Dollars ($26,551,642). 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 2017, which grant agreements shall stipulate mutually agreed upon terms and conditions; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Three Hundred Sixty-nine Thousand Three Hundred Forty Dollars ($369,340) be raised and appropriated from the Fiscal Year 2017 tax levy and other general revenues of the Town for the Town Manager to expend to fund grants for the following health and human services, private not-for-profit agencies to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town Manager with the approval of the Board of Selectmen, execute grant agreements with the respective agencies for Fiscal Year 2017, which contracts shall stipulate mutually agreed upon terms and conditions: AGENCY AMOUNT A Safe Place $50,000 ASAP (Alliance for Substance Abuse Prevention) $16,750 Elder Services of Cape Cod $16,000 Health Imperatives $24,960 Family and Children Services $100,000 Martha’s Vineyard Community Services $12,000 Legal Services $4,250 Rental Assistance Program $25,000 Emergency Food Pantry $35,000 Nantucket Cottage Hospital Social Services $65,380 MY Nantucket $20,000 TOTAL $369,340 Page 12 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for the following capital outlay expenditures, with all such expenditures to be made by the Town Manager with the approval of the Board of Selectmen; except the School expenditures to be made by the School Superintendent with the approval of the School Committee; and further that the Town Manager with the approval of the Board of Selectmen or School Superintendent with the approval of the School Committee as the case may be, is authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced as follows: DEPARTMENT ITEM FUNDING SOURCE(S) AMOUNT Affordable Housing Trust Fund Professional services and costs associated with the creation of affordable housing including the acquisition and disposition of land Transfer $1,000,000 from Free Cash into the Affordable Housing Trust Fund; provided that no funds shall be transferred to the Affordable Housing Trust Fund unless and until the Board of Selectmen and the Trust enter into a grant agreement which contains a condition that any transfer of funds be subject to the prior approval of the Board of Selectmen for specific identified purposes $1,000,000 Fire Department Costs associated with the purchase and conversion of a new brush breaker Raise and appropriate $165,000 from the Fiscal Year 2017 tax levy and other general revenues of the town $165,000 Fire Department Replacement of Ambulance #1 Transfer $270,000 from Ambulance Reserve Fund $270,000 Our Island Home Costs associated with bathroom upgrades Authorize the Treasurer, with the approval of the Selectmen, to borrow said amount under and pursuant to Chapter 44, Section 7(3A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town $325,000 Page 13 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Our Island Home Costs associated with window repairs Authorize the Treasurer, with the approval of the Selectmen, to borrow said amount under and pursuant to Chapter 44, Section 7(3A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town $90,000 Our Island Home Costs associated with the repair or replacement of air conditioning units Authorize the Treasurer, with the approval of the Selectmen, to borrow said amount under and pursuant to Chapter 44, Section 7(3A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town $100,000 Our Island Home Costs associated with resident room upgrades and replacement of closets and furniture Authorize the Treasurer, with the approval of the Selectmen, to borrow said amount under and pursuant to Chapter 44, Section 7(3A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town $200,000 Police/Marine Department Professional services, including engineering, permitting and construction costs associated with the repair or replacement of the F Street bulkhead Raise and appropriate $72,458 from the Fiscal Year 2017 tax levy and other general revenues of the town $425,000 Transfer $352,542 from Free Cash into the Treasury of the Town Police/Marine Department Professional services, including engineering, permitting and construction costs associated with the repair of the Children's Beach boat ramp Raise and appropriate $150,000 from the Fiscal Year 2017 tax levy and other general revenues of the town $150,000 Police/Marine Department Professional services, including design, engineering, permitting and other costs associated with an island wide dredging plan Transfer $150,000 from Waterways Improvement Fund $150,000 Page 14 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Public Works Supplemental funding for professional services and associated costs, including design and engineering for In-Town Bike Path project Transfer $200,000 from Free Cash into the Treasury of the Town $200,000 Public Works Supplemental funding for professional services and associated costs, including design and engineering for In-Town Bike Path project - Phase II Transfer $75,000 from Free Cash into the Treasury of the Town $75,000 Public Works Supplemental funding for professional services and associated costs, including design and engineering for In-Town Bike Path project - Phase III Transfer $75,000 from Free Cash into the Treasury of the Town $75,000 Public Works Costs associated with the construction, repair and maintenance of downtown sidewalks and pedestrian walkways Authorize the Treasurer, with the approval of the Selectmen, to borrow said amount under and pursuant to Chapter 44, Section 7(6) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town $1,500,000 Public Works Professional services and associated costs, including engineering, design and construction of a field house at the Nobadeer Farm playing fields Transfer $700,000 from Proceeds from Real Estate Sales account $700,000 Public Works Professional services and associated costs, including engineering, design and permitting of a round-about at the intersection of Surfside Road at Bartlett Road Transfer $150,000 from Free Cash into the Treasury of the Town $150,000 Public Works Costs associated with the Boulevarde, Lovers Lane and Okorwaw roads reconstruction Authorize the Treasurer, with the approval of the Selectmen, to borrow said amount under and pursuant to Chapter 44, Section 7(5) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town $1,000,000 Page 15 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Public Works Costs associated with island-wide public road repairs and maintenance Transfer $750,000 from Proceeds from Real Estate Sales account $900,000 Transfer $150,000 from Free Cash into the Treasury of the Town Public Works Professional services and associated costs including engineering, design and construction of roadway improvements and multi-use path construction along First Way Transfer $750,000 from Proceeds from Real Estate Sales account $750,000 Public Works Costs associated with Winn Street roadway improvements Transfer $250,000 from Proceeds from Real Estate Sales account $250,000 Public Works Purchase of replacement 6-wheel dump truck Transfer $190,000 from Proceeds from Real Estate Sales account $190,000 Public Works Purchase of replacement 10-wheel dump truck Transfer $200,000 from Proceeds from Real Estate Sales account $200,000 Public Works Purchase of replacement pick up truck with plow Transfer $60,000 from Article 10 of the 2013 Annual Town Meeting (Miacomet Pond watershed assessment - Free Cash) $60,000 Public Works Purchase of asphalt recycler and hot box Transfer $18,907 from Free Cash into the Treasury of the Town $110,000 Transfer $91,093 from The Overlay Surplus Account into the Treasury of the Town Public Works Purchase of replacement van Transfer $1,000 from Article 10 of the 2013 Annual Town Meeting (Miacomet Pond watershed assessment - Free Cash) $42,000 Page 16 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Transfer $35,000 from the Overlay Surplus Account into the Treasury of the town Transfer $6,000 from Article 10 of the 2015 Annual Town Meeting (Wood Chipper - Proceeds from Real Estate Sales account) School Costs associated with the replacement of the vocational tech auto shop lifts Raise and appropriate $125,000 from the Fiscal Year 2017 tax levy and other general revenues of the town $125,000 School Costs associated with the upgrade and repairs to the Nantucket Elementary School HVAC system Transfer $160,000 from Proceeds from Real Estate Sales account $300,000 Transfer $140,000 from Free Cash into the Treasury of the Town School Purchase of replacement pick up truck with plow and Tommy Gate Transfer $8,507 from Article 10 of the 2015 Annual Town Meeting (Wood Chipper - Proceeds from Real Estate Sales account) $50,000 Transfer $1,251 from Article 10 of the 2015 Annual Town Meeting (Excavator - Raise and Appropriate from Fiscal Year 2016 Tax Levy) Raise and appropriate $3,231 from the Overlay Surplus account into the Treasury of the Town. Transfer $756 from Article 10 of the 2013 Annual Town Meeting (Bobcat - Free Cash) Transfer $36,255 from Free Cash into the Treasury of the town Page 17 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions School Costs associated with Nantucket High School and Cyrus Pierce Middle School window replacements Raise and appropriate $12,458 from the Fiscal Year 2017 tax levy and other general revenues of the town $150,000 Transfer $137,542 from Free Cash into the Treasury of the town School Costs associated with various facilities repairs and renovations including renovation and furniture replacement of the NHS Library, general cement work, locker room repairs and plumbing upgrades and field house repairs and shingling Raise and appropriate $250,000 from the Fiscal Year 2017 tax levy and other general revenues of the town $250,000 School Façade repair and painting at Nantucket High School and Cyrus Pierce Middle School Transfer $250,000 from Free Cash into the Treasury of the town $250,000 Town Administration Costs associated with the repair, replacement or upgrading of existing technology infrastructure Transfer $100,000 from Free Cash into the Treasury of the Town $100,000 Town Administration Costs associated with replacing and upgrading the Town's network servers Transfer $75,000 from Free Cash into the Treasury of the Town $75,000 Town Administration Costs associated with implementing a comprehensive e-permitting solution Transfer $150,000 from the Overlay Surplus account into the Treasury of the Town $150,000 Town Administration Costs associated with moving the Town Fueling Station Transfer $150,000 from the Overlay Surplus account into the Treasury of the Town $100,000 TOTAL $10,627,000 And, to meet this appropriation that Two Million Seven Hundred Sixty Thousand Two Hundred Forty-six Dollars ($2,760,246) be transferred from Free Cash in the Treasury of the Town so specified; that One Hundred Fifty Thousand Dollars ($150,000) be transferred from the Waterways Improvement Fund for the items so specified; that Two Hundred Seventy Thousand Dollars ($270,000) be transferred from the Ambulance Reserve Fund for the items so specified; that Three Million Dollars ($3,000,000) be transferred from the Proceeds from Real Estate Sales Account so specified; that Seventy-seven Thousand Five Hundred Fourteen dollars ($77,514) be transferred from prior year articles so specified; that Seven Hundred Seventy-four Thousand Nine Hundred Sixteen Dollars ($774,916) be raised and appropriated from the Fiscal Year 2017 tax levy and other general revenues of the Town so specified; that Page 18 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Three Hundred Seventy-nine Thousand Three Hundred Twenty-four Dollars ($379,324) be transferred from the Overlay Surplus account so specified; and that Three Million Two Hundred Fifteen Dollars ($3,215,000) shall be borrowed by the Treasurer with the approval of the Selectmen, under and pursuant to Chapter 44, Section 7(3A), Chapter 44, Section 7(5), Chapter 44, Section 7(6) of the General Laws, or pursuant to any other enabling authority so specified. All of these sources totaling Ten Million Six Hundred Twenty-seven Dollars ($10,627,000). Quantum of vote required for passage of this motion is 2/3 ARTICLE 11 (Appropriation: Fiscal Year 2017 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 2017, 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) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2017 operating budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be expended through the Siasconset Water Commission; the Wannacomet Water appropriation to be expended through the Nantucket Water Commission; the Airport appropriation to be expended through the Nantucket Airport Commission; the remaining appropriations to be spent through the Board of Selectmen: FY 2017 FY 2017 FY 2017 FY 2016 FUND PAYROLL EXPENSES TOTAL BUDGET TOTAL BUDGET Airport $ 4,444,563 $ 4,684,477 $ 9,129,040 $ 8,698,746 Our Island Home $ 6,737,152 $ 1,385,360 $ 8,122,512 $ 7,430,828 Sewer $ 1,367,270 $ 5,503,705 $ 6,870,975 $ 6,793,104 Siasconset Water $ 38,230 $ 1,035,133 $ 1,073,363 $ 1,079,905 Solid Waste $ 27,775 $ 9,811,758 $ 9,839,533 $ 8,236,487 Wannacomet Water $ 1,654,006 $ 3,881,250 $ 5,535,256 $ 5,224,108 TOTAL $ 14,268,996 $ 26,301,683 $ 40,570,679 $ 37,463,178 Further, that the above appropriations be funded as follows: FUND FUNDING SOURCES AMOUNTS Airport FY 17 Anticipated Revenues $ 8,006,467 Airport Retained Earnings $ 1,122,573 Our Island Home FY 17 Anticipated Revenues $ 3,710,545 Our Island Home FY 17 Tax Levy and Other General Revenues $ 2,352,375 Page 19 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Our Island Home Overlay Surplus $ 410,160 Our Island Home Retained Earnings $ 1,649,432 Sewer FY 17 Anticipated Revenues $ 6,804,820 Sewer Retained Earnings $ 66,155 Solid Waste FY 17 Anticipated Revenues $ 4,211,600 Solid Waste FY 17 Tax Levy and Other General Revenues $ 4,930,250 Solid Waste Retained Earnings $ 697,683 Siasconset Water FY 17 Anticipated Revenues $ 1,028,177 Siasconset Water Retained Earnings $ 45,186 Wannacomet Water FY 17 Anticipated Revenues $ 5,535,256 TOTAL FUNDING SOURCES $40,570,679  ARTICLE 12 (Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of capital expenditures for the Enterprise Funds of the Town of Nantucket; or to take any other action related thereto. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be appropriated for the Enterprise Fund departments with the Airport appropriations to be expended through the Airport Commission; the Sewer Enterprise and Solid Waste Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Board of Selectmen/Board of Public Works/Sewer Commissioners: DEPARTMENT ITEM FUNDING SOURCE(S) AMOUNT Airport Costs associated with the purchase of a lavatory cart, paint machine, walk behind brush cutter, walk behind mower, and to refurbish/repair Airport 2 Rescue/Fire Truck Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $66,100 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $66,100 Airport Costs associated improvements to the airport parking lot. Transfer $74,008.76 from Article 2 of the 2013 Special Town Meeting (Parking Lot Improvements), Transfer $605.00 from Article 13 of the 2011 Annual Town Meeting (Parking Lot Improvements). Transfer $2,916.24 from Article 13 of the 2010 Annual Town Meeting (Phase 1 Runway). Transfer $43,165 from Article 13 of the 2009 Annual Town Meeting (Airport runway 15/33). Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $125,000 pursuant to G.L. c.44 Section 7 or 8 or $245,696 Page 20 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport Airport Replace Flight Information Display System and Public Address System Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $375,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $375,000 Airport Professional Services associated with reviewing employee housing options Transfer $100,000 from Certified Retained Earnings in the Airport Enterprise Fund $100,000 Airport Costs associated with computer hardware and software for airport security purposes Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $200,000 pursuant to G.L. c.44 Section 7(28) and 7(29) or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $200,000 Airport Costs associated with the renovating of the Vault Room and replacing the equipment Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $1,000,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $1,000,000 Airport Costs associated with painting the exterior Airport Terminal Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $75,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $75,000 Airport Costs associated with replacing the lights and poles at the Airport terminal and fuel farm Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $40,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general $40,000 Page 21 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport Airport Costs associated with the design and construction of an enclosure for the restaurant entrance Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $65,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $65,000 Subtotal Airport Enterprise Fund $ 2,166,796 Sewer Costs associated with replacement of the generator at the Pine Valley pump station Transfer $80,000 from Certified Retained Earnings in the Sewer Enterprise Fund $80,000 Sewer Purchase of a replacement sludge truck Transfer $300,000 from Certified Retained Earnings in the Sewer Enterprise Fund $300,000 Sewer Purchase of a replacement F-350 pick-up truck. Transfer $60,000 from Certified Retained Earnings in the Sewer Enterprise Fund $60,000 Sewer Costs associated with the evaluation and repairs of the Siasconset Wastewater Treatment Plant Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $1,000,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Sewer Enterprise Fund revenues, state or federal grants, and other available funds of the Sewer Enterprise Fund $1,000,000 Sewer Costs associated with the replacement of the Membrane Filtration System at the Surfside Wastewater Treatment Plant Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $1,300,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Sewer Enterprise Fund revenues, state or federal grants, and other available funds of the Sewer Enterprise Fund $1,300,000 Sewer Supplemental Funding to Article 12 of the 2014 Annual Town Meeting for costs associated with professional services and costs associated with construction and repairs of the Sea Street pump station Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $3,000,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Sewer Enterprise Fund $3,000,000 Page 22 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions revenues, state or federal grants, and other available funds of the Sewer Enterprise Fund Sewer Professional services for design, permitting and other costs associated with sewer construction along First Way Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $750,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Sewer Enterprise Fund revenues, state or federal grants, and other available funds of the Sewer Enterprise Fund $750,000 Subtotal Sewer Enterprise Fund $ 6,490,000 Siasconset Water Costs associated with the replacement of water meters and covers Transfer $280,000 from Certified Retained Earnings in the Siasconset Water Enterprise Fund $280,000 Siasconset Water Costs associated with the repair and maintenance to the pump station and storage tank facility Transfer $100,000 from Certified Retained Earnings in the Siasconset Water Enterprise Fund $100,000 Subtotal Siasconset Water Enterprise Fund $ 380,000 Solid Waste Professional services for design, permitting, and other costs associated with landfill mining Transfer $700,000 from the Fiscal Year 2017 Tax Levy and Other General Revenues of the Town $700,000 Solid Waste Professional services and costs associated with the repairs and maintenance to Materials Recycling Facility (MRF) building Transfer $115,000 from Certified Retained Earnings in the Solid Waste Enterprise fund $115,000 Solid Waste Costs associated with closure of lined landfill cell 3C Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $500,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Solid Waste Enterprise Fund revenues, state or federal grants, and other available funds of the Solid Waste Enterprise Fund $500,000 Subtotal Solid Waste Enterprise Fund $ 1,315,000 Wannacomet Water Professional services and costs associated with the replacement of water mains, including valves and service lines Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $1,546,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Wannacomet Water Enterprise Fund revenues, state or federal grants, and other available funds of the Wannacomet Water Enterprise Fund $1,546,000 Wannacomet Water Professional services and costs Authorize the Treasurer, with the approval $825,000 Page 23 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions associated for design, permitting, construction and other costs associated with Madaket Water Main Extension (Phase 4) of the Board of Selectmen to borrow $825,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Wannacomet Water Enterprise Fund revenues, state or federal grants, and other available funds of the Wannacomet Water Enterprise Fund Wannacomet Water Professional services and costs associated with the replacement of pumping station control center and variable frequency drive units Transfer $120,000 from Certified Retained Earnings in the Wannacomet Water Enterprise Fund $120.000 Wannacomet Water Costs associated with the replacement of hydrants located throughout the water distribution system Transfer $180,000 from Certified Retained Earnings in the Wannacomet Water Enterprise Fund $180,000 Subtotal Wannacomet Water Enterprise Fund $ 2,671,060 Quantum of vote required for passage of the motion is 2/3 ARTICLE 13 (Enterprise Funds: Fiscal Year 2016 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2016 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) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from the various accounts listed to the various enterprise fund accounts listed for Fiscal Year 2016 as follows: FROM TO AMOUNT Airport Fuel Revolving Fund Airport Enterprise Fund $1,041,151 Airport Retained Earnings Airport Enterprise Fund, Expenses $60,000 Airport Retained Earnings Airport Capital Projects, Master Plan $17,874 Airport Retained Earnings Airport Capital Projects, Security Upgrades $25,517 Airport Enterprise Fund, Expenses Airport Enterprise Fund, Salaries $35,000 Siasconset Retained Earnings Siasconset Enterprise Fund, Expenses $40,000 Solid Waste Retained Earnings Solid Waste Enterprise Fund, Expenses $800,000 ARTICLE 14 (Appropriation: Airport Aviation and Administration Building Project) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the close-out and settlement of the project known as the “General Aviation and Administration Building Addition at the Page 24 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Nantucket Memorial Airport,” which project was initially authorized by the April 4, 2011 Annual Town Meeting. Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that Four Hundred Thousand Dollars ($400,000) be transferred from Certified Retained Earnings in the Airport Enterprise Fund to fund the close- out and settlement of the project known as the “General Aviation and Administration Building Addition at the Nantucket Memorial Airport,” which project was initially authorized by the April 4, 2011 Annual Town Meeting. ARTICLE 15 (Appropriation: School) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statue or transfer from available funds, to be spent by the School Superintendent with the approval of the School Committee, to supplement the previous appropriation made under Article 12 of the 2015 Annual Town Meeting to pay costs of professional services for design, permitting, architecture, construction supervision, and other related professional services for the construction, installation and equipping of new, and/or additions to existing, school buildings, and all other costs incidental and related thereto; and to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town appropriate Four Million Two Hundred Fifty-nine Thousand Three Hundred Nineteen Dollars ($4,259,319) to be expended by the School Superintendent with the approval of the School Committee to pay costs of professional services for design, permitting, architecture, construction supervision, and other related professional services, for the construction, installation and equipping of new, and/or additions to existing, school buildings, and the payment of all costs incidental and related thereto, and that to meet this appropriation, that a total of Four Hundred Seventy Thousand Dollars ($470,000) be appropriated from the following sources: Article 10, 2015 Annual Town Meeting (Central Modular Office) $170,000 Article 10, 2015 Annual Town Meeting (CPS Modular Classroom) $300,000 Total $470,000 And, that the Treasurer, with the approval of the Selectmen, is authorized to borrow the remaining amount under and pursuant to Chapter 44, Section 7(3) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefore. FINANCE COMMITTEE COMMENT: Construction bids exhausted the project contingencies. This additional borrowing is needed to address unforeseen circumstances. Should some or all of this amount not be needed, it will not have to be borrowed. Quantum of vote required for passage of the motion is 2/3 Page 25 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 16 (Acceptance of Massachusetts General Law: Sewer Betterment Assessments) To see if the Town will vote to accept the provisions of Massachusetts General Law Chapter 83, Sections 15C and 15D to authorize the Town to collect interest on unpaid sewer betterment assessments; and to apportion all future sewer assessments over a period not to exceed thirty years; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the provisions of Massachusetts General Law Chapter 83, Sections 15C and 15D to authorize the Town to collect interest on unpaid sewer betterment assessments; and to apportion all future sewer assessments over a period not to exceed thirty years are hereby accepted. ARTICLE 17 (Acceptance of Massachusetts General Law: Sewer Betterment Deferral) To see if the Town will vote to accept the provisions of Massachusetts General Laws Chapter 80, Section 13B to permit low-income elderly homeowners eligible for an exemption under clause 41A of Chapter 59, Section 5 of the General Laws to defer payment of any betterment assessment or balance of any apportioned assessment, all as described more particularly in said Section 13B; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the provisions of Massachusetts General Laws Chapter 80, Section 13B to permit low-income elderly homeowners eligible for an exemption under clause 41A of Chapter 59, Section 5 of the General Laws to defer payment of any betterment assessment or balance of any apportioned assessment, all as described more particularly in said Section 13B are hereby accepted. ARTICLE 18 (Appropriation: Sewer Project/Nantucket Harbor Shimmo; Plus Infill Parcels in Town Sewer District) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, to be spent by the Town Manager with the approval of the Board of Selectmen, to pay costs of professional services for design, permitting, engineering, construction supervision, and other related professional services, for the construction, installation and equipping of the extension of municipal sewer lines and associated infrastructure from the Surfside Wastewater Treatment Facility to the areas established in the Comprehensive Wastewater Management Plan Update adopted June 3, 2015 and described as “Nantucket Harbor Shimmo” (formerly titled “Monomoy”) and to the area described as “Plus Parcels – Infill in Town Sewer District” including all payment of all costs incidental and related thereto, and acquisition of any interests in land as may be necessary or appropriate; and further to authorize said Board of Selectmen to acquire any such interests in land by purchase, gift, and/or eminent domain; and to authorize the Board of Selectmen acting as the Board of Sewer Commissioners to assess all or a portion of the project costs as betterments; 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 26 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen/Sewer Commissioners) FINANCE COMMITTEE MOTION: Moved that the Town appropriate the sum of Forty-One Million Dollars ($41,000,000), to be spent by the Town Manager with the approval of the Board of Selectmen, to pay costs of professional services for design, permitting, engineering, construction supervision, and other related professional services, for the construction, installation and equipping of the extension of municipal sewer lines and associated infrastructure from the Surfside Wastewater Treatment Facility to the areas established in the Comprehensive Wastewater Management Plan Update adopted June 3, 2015 and described as “Nantucket Harbor Shimmo” (formerly titled “Monomoy”) and to the area described as “Plus Parcels – Infill in Town Sewer District,” and acquisition of any interests in land as may be necessary or appropriate, including the payment of all other costs incidental and related thereto; that to meet said appropriation the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow the sum of Forty-One Million Dollars ($41,000,000) pursuant to General Laws Chapter 44, Sections 7 or 8, Chapter 29C or any other enabling authority, and to issue bonds and notes of the Town therefore; and further to authorize said Board of Selectmen to acquire any such interests in land by purchase, gift, and/or eminent domain necessary or appropriate to carry out the project; and that the Board of Selectmen, acting as the Board of Sewer Commissioners, is authorized to assess 25% of project costs as betterments on the owners of land to be served by the new sewers pursuant to the uniform unit method authorized under General Laws Chapter 83, Section 15, and that 75% of project costs shall be paid by the Town; provided, however, that any borrowing authorized hereunder shall be contingent on the passage of a Proposition 2 and ½ debt exclusion vote. Quantum of vote required for passage of the motion is 2/3 ARTICLE 19 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket by adding the following parcels located within the “Nantucket Harbor/Shimmo” and Plus Parcels – Infill in Town Sewer District” sewer needs areas designated within the Comprehensive Wastewater Management Plan adopted June 3, 2015 to the Town Sewer District: Nantucket Harbor/Shimmo Needs Areas Map Lot Number Street 54 175.1 19 Brewster Road 54 296 21 Brewster Road 54 175.2 23 Brewster Road 54 174 25 Brewster Road 54 173 27 Brewster Road 54 171 28 Brewster Road 54 293 29 Brewster Road 54 294 29½ Brewster Road Page 27 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 54 173.1 29B Brewster Road 54 172 31 Brewster Road 54 84 32 Brewster Road 54 85 33 Brewster Road 54 288 34 Brewster Road 54 86 35 Brewster Road 54 12 36 Brewster Road 54 87 37 Brewster Road 54 88 39 Brewster Road 54 89 43 Brewster Road 54 13 44 Brewster Road 54 90 45 Brewster Road 54 14 46 Brewster Road 54 16 47 Brewster Road 43 96 50 Brewster Road 54 81 2 Cathcart Road 54 82 (portion of) 4 Cathcart Road 54 8 4½ Cathcart Road 54 83 5 Cathcart Road 54 9 6 Cathcart Road 54 11.1 7 Cathcart Road 54 10.1 8 Cathcart Road 54 11 9 Cathcart Road 54 10.2 10 Cathcart Road 43 146 11 Cathcart Road 43 21 12 Cathcart Road 43 101 14 Cathcart Road 43 69 15 Cathcart Road 43 10 2 Gardner Road 43 9 4 Gardner Road 43 8 6 Gardner Road 43 94.2 12 Gardner Road (as further subdivided) (Pippens Way) 43 88 13 Gardner Road 43 87 15 Gardner Road 43 93 16 Gardner Road 43 173 17 Gardner Road Page 28 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 43 135 18 Gardner Road 43 172 19 Gardner Road 43 171 21 Gardner Road 43 173 21 Gardner Road 43 92 25 Gardner Road 43 132 28 Gardner Road 43 86 31 Gardner Road 43 85 37 Gardner Road 43 98 1 Harbor View Drive 43 99 3 Harbor View Drive 43 19 4 Harbor View Drive 43 100 5 Harbor View Drive 43 20 6 Harbor View Drive 43 307 2 Juniper Hill 43 300 3 Juniper Hill 43 306 4 Juniper Hill 43 305 6 Juniper Hill 43 302 7 Juniper Hill 43 304 8 Juniper Hill 43 303 9 Juniper Hill 43 13 2 Kelley Road 54 28 4 Kelley Road 54 29 6 Kelley Road 54 27 7 Kelley Road 54 30 8 Kelley Road 54 98 9 Kelley Road 54 31 10 Kelley Road 54 97 11 Kelley Road 54 32 12 Kelley Road 54 96 13 Kelley Road 54 99 14 Kelley Road 54 100 16 Kelley Road 54 101 18 Kelley Road 54 104 28 Kelley Road 54 297 30 Kelley Road 43 157 2 Middle Valley Road 43 128 4 Middle Valley Road Page 29 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 43 160 8 Middle Valley Road 43 162 12 Middle Valley Road 43 221 1 Moors End Lane 43 220 3 Moors End Lane 43 211 4 Moors End Lane 43 219 5 Moors End Lane 43 212 6 Moors End Lane 43 218 7 Moors End Lane 43 213 8 Moors End Lane 43 214 10 Moors End Lane 43 215 12 Moors End Lane 43 216 14 Moors End Lane 43 217 16 Moors End Lane 43 312 5 North Road 43 131.1 9 North Road 43 81 10 North Road 43 131 11 North Road 43 82 12 North Road 43 83 14 North Road 43 84 16 North Road 43 1 1 Pimnys Point 54 250 28 Polpis Road 54 251 30 Polpis Road 54 252 32 Polpis Road 54 253 34 Polpis Road 54 254 36 Polpis Road 54 264 40 Polpis Road 54 265 40 Polpis Road 54 266 42 Polpis Road 54 267 44 Polpis Road 54 20 47 Polpis Road 54 21 49 Polpis Road 54 22 51 Polpis Road 54 23 53 Polpis Road 54 24 55 Polpis Road 54 24.1 55R Polpis Road 54 25 57 Polpis Road Page 30 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 54 26 59 Polpis Road 43 15 61 Polpis Road 43 14.2 64 Polpis Road 43 14.1 66 Polpis Road 43 12.2 67 Polpis Road 43 210 68 Polpis Road 43 91.1 4 Shawkemo Road 43 91.2 6 Shawkemo Road 43 90 8 Shawkemo Road 54 255 2 Shimmo Pond Road 54 259 3 Shimmo Pond Road 54 256 4 Shimmo Pond Road 54 289 5 Shimmo Pond Road 54 257 6 Shimmo Pond Road 54 258 8 Shimmo Pond Road 54 15 12 Shimmo Pond Road 43 16 13 Shimmo Pond Road 43 17 14 Shimmo Pond Road 43 95 15 Shimmo Pond Road 43 18 16 Shimmo Pond Road 43 309 19 Shimmo Pond Road 43 97 21 Shimmo Pond Road 43 145 22 Shimmo Pond Road 43 144 23 Shimmo Pond Road 43 122 and 123 26 Shimmo Pond Road 43 167 28 Shimmo Pond Road 43 168 30 Shimmo Pond Road 43 170 31 Shimmo Pond Road 43 169 32 Shimmo Pond Road 43 156 33 Shimmo Pond Road 43 124 34 Shimmo Pond Road 43 127 35 Shimmo Pond Road 43 125 38 Shimmo Pond Road 43 126 42 Shimmo Pond Road 43 75 44 Shimmo Pond Road 43 77 46 Shimmo Pond Road 43 79 48 Shimmo Pond Road Page 31 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 43 165 2 South Valley Road 43 166 3 South Valley Road 43 143 5 South Valley Road 43 164 6 South Valley Road 43 164.1 6 South Valley Road 43 142 7 South Valley Road 43 308 8 South Valley Road 43 140 10 South Valley Road 43 310 10 South Valley Road 43 137 11 South Valley Road 43 139 12 South Valley Road 43 133 14 South Valley Road 43 136 15 South Valley Road 43 134 17 South Valley Road Plus Parcels – Infill in Town Sewer District (The parcels identified below are the remaining properties needed to complete the inclusion of this Needs Area within the Town Sewer District) Map Lot Number Street 56 336 30 Friendship Lane 56 351 31 Friendship Lane 56 335 32 Friendship Lane 56 352 33 Friendship Lane 56 334 34 Friendship Lane 56 353 35 Friendship Lane 56 333 36 Friendship Lane 56 354 37 Friendship Lane 56 332 38 Friendship Lane 56 355 39 Friendship Lane 56 331 40 Friendship Lane 56 356 41 Friendship Lane 56 330 42 Friendship Lane 56 75 (portion of) 56 Hummock Pond Road 56 76 (portion of) 54 Hummock Pond Road 56 93 8 Hussey Farm Road 56 151 10 Hussey Farm Road 56 109 3 Marsh Hawk Lane 56 111 5 Marsh Hawk Lane 56 171 7 Marsh Hawk Lane 56 172 9 Marsh Hawk Lane 56 112 11 Marsh Hawk Lane Page 32 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 56 113.6 15 Marsh Hawk Lane 56 150 2 Meadow View Drive 56 92 3 Meadow View Drive 56 149 4 Meadow View Drive 56 91 5 Meadow View Drive 56 148 6 Meadow View Drive 56 90 7 Meadow View Drive 56 147 8 Meadow View Drive 56 89 9 Meadow View Drive 56 146 10 Meadow View Drive 56 88 11 Meadow View Drive 56 145 12 Meadow View Drive 56 87 13 Meadow View Drive 56 144 14 Meadow View Drive 56 86 15 Meadow View Drive 56 143 16 Meadow View Drive 56 280 17 Meadow View Drive 56 142 18 Meadow View Drive 56 281 19 Meadow View Drive 56 141 20 Meadow View Drive 56 282 21 Meadow View Drive 56 140 22 Meadow View Drive 56 283 23 Meadow View Drive 56 139 24 Meadow View Drive 56 284 25 Meadow View Drive 56 78 27 Meadow View Drive 56 129 29 Meadow View Drive 56 138 30 Meadow View Drive 56 137 32 Meadow View Drive 56 130 33 Meadow View Drive 56 136 34 Meadow View Drive 56 131 35 Meadow View Drive 56 135 36 Meadow View Drive 56 132 37 Meadow View Drive 56 133 39 Meadow View Drive 56 296 42 Meadow View Drive 56 297 44 Meadow View Drive 56 298 46 Meadow View Drive 56 299 48 Meadow View Drive 56 390 49 Meadow View Drive 56 177 50 Meadow View Drive 56 389 51 Meadow View Drive 56 176 52 Meadow View Drive 56 173 53 Meadow View Drive 56 175 54 Meadow View Drive Page 33 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 56 170 55 Meadow View Drive 56 174 56 Meadow View Drive 56 169.2 57 Meadow View Drive 56 169.3 59 Meadow View Drive 56 167/(168) 60 Meadow View Drive 56 169.4 61 Meadow View Drive 56 169.5 63 Meadow View Drive 56 169.6 65 Meadow View Drive 56 159 1 Pinkham Circle 56 160 2 Pinkham Circle 56 178 3 Pinkham Circle 56 161 4 Pinkham Circle 56 179 5 Pinkham Circle 56 162 6 Pinkham Circle 56 164 8 Pinkham Circle 56 165 10 Pinkham Circle 56 151.1 3 Pond Road 56 158 4 Pond Road 56 152 5 Pond Road 56 157 6 Pond Road 56 153 7 Pond Road 56 156 8 Pond Road 56 155 11 Pond Road 56 295 12 Pond Road 56 134 15 Pond Road 56 163 21 Somerset Road 56 169.1 31 Somerset Road 56 110 33 Somerset Road 56 107 35 Somerset Road 56 106 36 Somerset Road 56 108 37 Somerset Road 56 113.1 1 Wamasquid Place 56 113.3 2 Wamasquid Place 56 113.2 3 Wamasquid Place 56 113.8 4 Wamasquid Place 56 113.4 5 Wamasquid Place 56 113.7 6 Wamasquid Place 56 113.5 7 Wamasquid Place All as shown on maps entitled “2016 Annual Town Meeting Warrant Article 19 Sewer District Map Changes” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen/Sewer Commissioners) Page 34 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket is hereby amended by adding the following parcels located within the “Nantucket Harbor/Shimmo” and Plus Parcels – Infill in Town Sewer District” sewer needs areas designated within the Comprehensive Wastewater Management Plan adopted June 3, 2015 to the Town Sewer District: Nantucket Harbor/Shimmo Needs Areas Map Lot Number Street 54 175.1 19 Brewster Road 54 296 21 Brewster Road 54 175.2 23 Brewster Road 54 174 25 Brewster Road 54 173 27 Brewster Road 54 171 28 Brewster Road 54 293 29 Brewster Road 54 294 29½ Brewster Road 54 173.1 29B Brewster Road 54 172 31 Brewster Road 54 84 32 Brewster Road 54 85 33 Brewster Road 54 288 34 Brewster Road 54 86 35 Brewster Road 54 12 36 Brewster Road 54 87 37 Brewster Road 54 88 39 Brewster Road 54 89 43 Brewster Road 54 13 44 Brewster Road 54 90 45 Brewster Road 54 14 46 Brewster Road 54 16 47 Brewster Road 43 96 50 Brewster Road 54 81 2 Cathcart Road 54 82 (portion of) 4 Cathcart Road 54 8 4½ Cathcart Road 54 83 5 Cathcart Road 54 9 6 Cathcart Road 54 11.1 7 Cathcart Road Page 35 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 54 10.1 8 Cathcart Road 54 11 9 Cathcart Road 54 10.2 10 Cathcart Road 43 146 11 Cathcart Road 43 21 12 Cathcart Road 43 101 14 Cathcart Road 43 69 15 Cathcart Road 43 10 2 Gardner Road 43 9 4 Gardner Road 43 8 6 Gardner Road 43 94.2 12 Gardner Road (as further subdivided) (Pippens Way) 43 87 15 Gardner Road 43 93 16 Gardner Road 43 135 18 Gardner Road 43 172 19 Gardner Road 43 171 21 Gardner Road 43 174 21 Gardner Road 43 92 25 Gardner Road 43 132 28 Gardner Road 43 86 31 Gardner Road 43 85 37 Gardner Road 43 98 1 Harbor View Drive 43 99 3 Harbor View Drive 43 19 4 Harbor View Drive 43 100 5 Harbor View Drive 43 20 6 Harbor View Drive 43 307 2 Juniper Hill 43 300 3 Juniper Hill 43 306 4 Juniper Hill 43 305 6 Juniper Hill 43 302 7 Juniper Hill 43 304 8 Juniper Hill 43 303 9 Juniper Hill 43 13 2 Kelley Road 54 28 4 Kelley Road 54 29 6 Kelley Road Page 36 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 54 27 7 Kelley Road 54 30 8 Kelley Road 54 98 9 Kelley Road 54 31 10 Kelley Road 54 97 11 Kelley Road 54 32 12 Kelley Road 54 96 13 Kelley Road 54 99 14 Kelley Road 54 100 16 Kelley Road 54 101 18 Kelley Road 54 104 28 Kelley Road 54 297 30 Kelley Road 43 157 2 Middle Valley Road 43 128 4 Middle Valley Road 43 160 8 Middle Valley Road 43 162 12 Middle Valley Road 43 221 1 Moors End Lane 43 220 3 Moors End Lane 43 211 4 Moors End Lane 43 219 5 Moors End Lane 43 212 6 Moors End Lane 43 218 7 Moors End Lane 43 213 8 Moors End Lane 43 214 10 Moors End Lane 43 215 12 Moors End Lane 43 216 14 Moors End Lane 43 217 16 Moors End Lane 43 312 5 North Road 43 131.1 9 North Road 43 81 10 North Road 43 131 11 North Road 43 82 12 North Road 43 83 14 North Road 43 84 16 North Road 43 1 1 Pimnys Point 54 250 28 Polpis Road 54 251 30 Polpis Road Page 37 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 54 252 32 Polpis Road 54 253 34 Polpis Road 54 254 36 Polpis Road 54 264 40 Polpis Road 54 265 40 Polpis Road 54 266 42 Polpis Road 54 267 44 Polpis Road 54 20 47 Polpis Road 54 21 49 Polpis Road 54 22 51 Polpis Road 54 23 53 Polpis Road 54 24 55 Polpis Road 54 24.1 55R Polpis Road 54 25 57 Polpis Road 54 26 59 Polpis Road 43 15 61 Polpis Road 43 14.2 64 Polpis Road 43 14.1 66 Polpis Road 43 12.2 67 Polpis Road 43 210 68 Polpis Road 43 91.1 4 Shawkemo Road 43 91.2 6 Shawkemo Road 43 90 8 Shawkemo Road 54 255 2 Shimmo Pond Road 54 259 3 Shimmo Pond Road 54 256 4 Shimmo Pond Road 54 257 6 Shimmo Pond Road 54 258 8 Shimmo Pond Road 54 15 12 Shimmo Pond Road 43 16 13 Shimmo Pond Road 43 17 14 Shimmo Pond Road 43 95 15 Shimmo Pond Road 43 18 16 Shimmo Pond Road 43 309 19 Shimmo Pond Road 43 97 21 Shimmo Pond Road 43 145 22 Shimmo Pond Road 43 144 23 Shimmo Pond Road Page 38 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 43 122 and 123 26 Shimmo Pond Road 43 167 28 Shimmo Pond Road 43 168 30 Shimmo Pond Road 43 170 31 Shimmo Pond Road 43 169 32 Shimmo Pond Road 43 156 33 Shimmo Pond Road 43 124 34 Shimmo Pond Road 43 127 35 Shimmo Pond Road 43 125 38 Shimmo Pond Road 43 126 42 Shimmo Pond Road 43 75 44 Shimmo Pond Road 43 77 46 Shimmo Pond Road 43 79 48 Shimmo Pond Road 43 165 2 South Valley Road 43 166 3 South Valley Road 43 143 5 South Valley Road 43 164 6 South Valley Road 43 164.1 6 South Valley Road 43 142 7 South Valley Road 43 308 8 South Valley Road 43 140 10 South Valley Road 43 310 10 South Valley Road 43 137 11 South Valley Road 43 139 12 South Valley Road 43 133 14 South Valley Road 43 136 15 South Valley Road 43 134 17 South Valley Road Plus Parcels – Infill in Town Sewer District (The parcels identified below are the remaining properties needed to complete the inclusion of this Needs Area within the Town Sewer District) Map Lot Number Street 56 336 30 Friendship Lane 56 351 31 Friendship Lane 56 335 32 Friendship Lane 56 352 33 Friendship Lane 56 334 34 Friendship Lane 56 353 35 Friendship Lane 56 333 36 Friendship Lane Page 39 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 56 354 37 Friendship Lane 56 332 38 Friendship Lane 56 355 39 Friendship Lane 56 331 40 Friendship Lane 56 356 41 Friendship Lane 56 330 42 Friendship Lane 56 93 8 Hussey Farm Road 56 151 10 Hussey Farm Road 56 109 3 Marsh Hawk Lane 56 111 5 Marsh Hawk Lane 56 171 7 Marsh Hawk Lane 56 172 9 Marsh Hawk Lane 56 112 11 Marsh Hawk Lane 56 113.6 15 Marsh Hawk Lane 56 150 2 Meadow View Drive 56 92 3 Meadow View Drive 56 149 4 Meadow View Drive 56 91 5 Meadow View Drive 56 148 6 Meadow View Drive 56 90 7 Meadow View Drive 56 147 8 Meadow View Drive 56 89 9 Meadow View Drive 56 146 10 Meadow View Drive 56 88 11 Meadow View Drive 56 145 12 Meadow View Drive 56 87 13 Meadow View Drive 56 144 14 Meadow View Drive 56 86 15 Meadow View Drive 56 143 16 Meadow View Drive 56 280 17 Meadow View Drive 56 142 18 Meadow View Drive 56 281 19 Meadow View Drive 56 141 20 Meadow View Drive 56 282 21 Meadow View Drive 56 140 22 Meadow View Drive 56 283 23 Meadow View Drive 56 139 24 Meadow View Drive 56 284 25 Meadow View Drive 56 78 27 Meadow View Drive 56 129 29 Meadow View Drive 56 138 30 Meadow View Drive 56 137 32 Meadow View Drive 56 130 33 Meadow View Drive 56 136 34 Meadow View Drive 56 131 35 Meadow View Drive Page 40 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 56 135 36 Meadow View Drive 56 132 37 Meadow View Drive 56 133 39 Meadow View Drive 56 296 42 Meadow View Drive 56 297 44 Meadow View Drive 56 298 46 Meadow View Drive 56 299 48 Meadow View Drive 56 390 49 Meadow View Drive 56 177 50 Meadow View Drive 56 176 52 Meadow View Drive 56 173 53 Meadow View Drive 56 175 54 Meadow View Drive 56 170 55 Meadow View Drive 56 174 56 Meadow View Drive 56 169.2 57 Meadow View Drive 56 169.3 59 Meadow View Drive 56 167/(168) 60 Meadow View Drive 56 169.4 61 Meadow View Drive 56 169.5 63 Meadow View Drive 56 169.6 65 Meadow View Drive 56 159 1 Pinkham Circle 56 160 2 Pinkham Circle 56 178 3 Pinkham Circle 56 161 4 Pinkham Circle 56 179 5 Pinkham Circle 56 162 6 Pinkham Circle 56 164 8 Pinkham Circle 56 165 10 Pinkham Circle 56 151.1 3 Pond Road 56 158 4 Pond Road 56 152 5 Pond Road 56 157 6 Pond Road 56 153 7 Pond Road 56 156 8 Pond Road 56 155 11 Pond Road 56 295 12 Pond Road 56 134 15 Pond Road 56 163 21 Somerset Road 56 169.1 31 Somerset Road 56 110 33 Somerset Road 56 107 35 Somerset Road 56 106 36 Somerset Road 56 108 37 Somerset Road 56 113.1 1 Wamasquid Place 56 113.3 2 Wamasquid Place Page 41 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 56 113.2 3 Wamasquid Place 56 113.8 4 Wamasquid Place 56 113.4 5 Wamasquid Place 56 113.7 6 Wamasquid Place 56 113.5 7 Wamasquid Place All as shown on maps entitled “2016 Annual Town Meeting Warrant Article 19 Sewer District Map Changes” dated January, 2016 and filed herewith at the Office of the Town Clerk. 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) FINANCE COMMITTEE MOTION: Moved that Three Hundred Sixty-two Thousand Three Hundred Thirty-five Dollars ($362,335) be appropriated from the Waterways Improvement Fund for the purpose of (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. ARTICLE 21 (Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2017) To see if the Town will vote to authorize a revolving fund for the Airport, to be known as the Airport Aviation Fuel Revolving Fund, to which shall be credited fees and other receipts received in connection with the sale of aviation fuel, which fund may be expended for the purchase of aviation fuel, to be expended by the Airport Commission, and further to establish a spending limit from the fund for Fiscal Year 2017, pursuant to the provisions of Chapter 28 of the Acts of 2004 and Massachusetts General Law Chapter 44, section 53E½, or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that an Airport Aviation Fuel Revolving Fund is established to which fees and other receipts received shall be credited up to Four Million Dollars ($4,000,000) in connection with the sale of aviation fuel, which fund may be expended for the purchase of aviation fuel, to be expended by the Airport Commission, and further to Page 42 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions establish a spending limit from the fund for Fiscal Year 2017 in the amount of Four Million Dollars ($4,000,000) pursuant to the provisions of Chapter 28 of the Acts of 2004 and Massachusetts General Law Chapter 44, section 53E½. Aviation fuel receipts in excess of the spending limit will be credited to the Airport Enterprise Fund. ARTICLE 22 (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 four (4) 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) FINANCE COMMITTEE MOTION: Moved that Six Hundred Five Thousand Forty Dollars ($605,040) be appropriated from the Ambulance Reserve Fund for the purpose of purchasing 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 and/or paramedic positions. All expenditures to be made by the Fire Chief, subject to the approval of the Town Manager. 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 2017, 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 Dollars ($170,000); or to take any other action related thereto. Or to take any other action related thereto. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved that One Hundred Seventy Thousand Two Hundred One Dollars ($170,201) be raised and appropriated from the Fiscal Year 2017 tax levy and other general revenues of the Town to fund the Fiscal Year 2017 county assessment. ARTICLE 24 (Appropriation: Finalizing Fiscal Year 2017 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 2017 by appropriating a sum of money for such County budget and authorizing the expenditure of estimated County Page 43 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Finance Committee, at its meeting on January 28, 2016, acting as the Nantucket County Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed the Fiscal Year 2017 Nantucket County budget, which was also adopted by the Nantucket County Commissioners on January 27, 2016. Thus no action is required. 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) FINANCE COMMITTEE MOTION: Moved that the unused borrowing authority for the following projects be rescinded: DEPARTMENT ITEM ARTICLE/TOWN MEETING AMOUNT TO BE RESCINDED Airport Enterprise Fund Rehabilitate Runway 12-30 and Replace Fencing Article 15/Annual Town Meeting 2012 $1,690,000.00 Airport Enterprise Fund Fuel Truck Regeneration Pad Article 14/Annual Town Meeting 2015 $ 50,000.00 Sewer Enterprise Fund Sewer Supplemental Fund WWTF Article 17/Annual Town Meeting 2006 $ 311,613.23 Sewer Enterprise Fund Sewer Phase I I/I Core Article 12/Annual Town Meeting 2007 $ 994,000.00 Sewer Enterprise Fund Sewer I/I 2B Core District Article 13/Annual Town Meeting 2008 $ 800.00 Page 44 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 26 (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) FINANCE COMMITTEE MOTION: Moved that One Hundred Ninety Thousand Dollars ($190,000) be appropriated from the Ferry Embarkation Fee Fund for the purpose of public safety protection, emergency services, and any other purpose allowed by applicable law. ARTICLE 27 (Appropriation: Other Post-Employment Benefits Trust Fund) To see what sum the Town will vote to appropriate and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to deposit into the Other Post- Employment Benefits Liability Trust Fund established pursuant to Mass. General Law chapter 32B, section 20, for Fiscal Year 2017. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be appropriated from the FY 2017 tax levy and other general revenues of the Town to be deposited by the Treasurer into the Other Post-employment Benefits Trust Fund. ARTICLE 28 (Appropriation: Collective Bargaining Agreement/Laborer’s Union) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2017 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Laborer’s union employee (represented by the Massachusetts Laborer’s District Council Nantucket Public Employees’ Local Union, the Laborer’s International Union of North America, Local 1249) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that One Hundred Ninety Thousand Three Hundred Forty-six Dollars ($190,346) be raised and appropriated from the Fiscal Year 2017 tax levy and Page 45 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions other general revenues of the Town to fund the cost items for Fiscal Year 2017 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Laborer’s union employee (represented by the Massachusetts Laborer’s District Council Nantucket Public Employees’ Local Union, the Laborer’s International Union of North America, Local 1249) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. ARTICLE 29 (Community Preservation Committee: Fiscal Year 2017 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 27 ATM 2006 Mitchell House Fiscal year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $2,056.98 Article 27 ATM 2006 St Paul’s Episcopal Church Fiscal year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $157.13 Article 24 ATM 2010 Dreamland foundation Fiscal Year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $20,522.11 Article 28 ATM 2012 Dreamland Foundation Fiscal year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $27,264.60 Article 26 ATM 2014 St. Paul’s Episcopal Church Fiscal year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $45.33 Article 26 ATM 2014 Fireman’s Association 1937 Restoration Fiscal year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $4,880.89 Article 30 ATM 2015 St Paul’s Episcopal Church Fiscal year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $.99 Article 30 ATM 2015 Star of the Sea Youth Hostel Fiscal year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $175.00 Page 46 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Total Transfers to Community Historic Preservation Reserved fund balance $55 103.03 Article 28 ATM 2012 Town of Nantucket, Affordable Housing Trust Fund Fiscal Year 2017 Community Preservation Committee Community Housing reserved fund balance $6,553.84 Total transfers to Community Housing Reserved fund balance $6,553.84 Total transfers back to Community Preservation Reserved Fund Balances $61,656.87 (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the unspent remainder of projects in prior years as listed below be transferred between the various accounts as follows: FROM TO AMOUNT Article 27 ATM 2006 Mitchell House Fiscal Year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $2,056.98 Article 27 ATM 2006 St Paul’s Episcopal Church Fiscal Year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $157.13 Article 24 ATM 2010 Dreamland Foundation Fiscal Year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $20,522.11 Article 28 ATM 2012 Dreamland Foundation Fiscal Year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $27,264.60 Article 26 ATM 2014 St. Paul’s Episcopal Church Fiscal Year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $45.33 Article 26 ATM 2014 Firemen’s Association 1937 Restoration Fiscal Year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $4,880.89 Article 30 ATM 2015 St Paul’s Episcopal Church Fiscal Year 2017 Community Preservation Committee Community Historic Preservation reserved fund balance $.99 Article 30 ATM 2015 Star of the Sea Youth Hostel Fiscal Year 2017 Community Preservation Committee Community Historic Preservation $175.00 Page 47 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions reserved fund balance Total Transfers to Community Historic Preservation Reserved fund balance $55 103.03 Article 28 ATM 2012 Town of Nantucket, Affordable Housing Trust Fund Fiscal Year 2017 Community Preservation Committee Community Housing reserved fund balance $6,553.84 Total transfers to Community Housing Reserved fund balance $6,553.84 Total transfers back to Community Preservation Reserved Fund Balances $61,656.87 ARTICLE 30 (Appropriation: FY 2017 Community Preservation Committee) To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2017 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 South Church Preservation Fund Restoration of the lighting of the Unitarian Meeting House $93,068 First Congregational Church of Nantucket Restoration of the front and the tower of the Summer Church $371,905 Nantucket Historical Association Restoration of Quaker Meeting house $40,000 Museum of African American History Fourth phase of restoration of foundations and out buildings contingent on access to the archeological data uncovered $307,246 Hospital Thrift Shop Second phase of restoration of structural frame, central chimney, and drainage systems $78,700 Preservation Institute Nantucket Envision Nantucket, 3D Laser scanning of heritage resources, Phase 3 contingent on public access through GIS $107,800 American Legion Post 82 First phase of conservation and restoration of exterior brick walls contingent on review by Preservation expert and plan to complete total project before funding $64,300 Town of Nantucket Natural Resources Department Page 48 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Second phase of restoration of the Brant Point shellfish hatchery $200,000 Sub-total $1,263,019 All of the funds to be used in this category are from the Community Preservation surcharge, interest and the State matching funds. Community Housing Nantucket Interfaith Council Housing and rental assistance program $130,000 Habitat for Humanity Nantucket Inc. Construct additional houses at Sachem’s Path $250,000 Housing Nantucket Phase two of four community rental housing units at Surfside Road $261,000 Housing Nantucket House recycling project to create two units of affordable rental Housing, funding for one half of proposed project $157,500 Town of Nantucket Funds to pay the interest and principal in the first year 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 $910,500 $150,000 of the funds utilized for this category is from the Reserve for Community Housing with the balance of the funds to be used in this category 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 The Nantucket Pond Coalition Funds to eradicate phragmites on White Goose cove, Long Pond subject to approval of the project by the Nantucket Conservation Commission $24,900 Designated Reserves for Open Space Allocation to Open Space Reserves for future use $106,100 Page 49 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Sub-total $256,000 All of the funds to be used in this category are from the Community Preservation surcharge, interest and the State matching funds. Community Preservation Committee Undesignated reserves Balance of funds available for FY 2017 for future use $10,481 All of the funds to be used in this category are 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 from the Community Preservation surcharge and the State matching funds. TOTAL $2,560,000 All amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY 2017 Community Preservation Surcharge $1,914,000 From State matching funds for FY 2016, to be received in 2017 $ 486,000 From Interest $ 10,000 From Designated Reserves for Community Housing $ 150,000 Total Revenues $2,560,000 For fiscal year 2017 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Provided however, that the above expenditures may be conditional on the recording of appropriate historic preservation restrictions for historic resources, open space restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in Page 50 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved for later appropriation from the Community Preservation Fund Fiscal Year 2017 revenues or other available funds as indicated herein, 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 Fiscal Year 2017 community preservation purposes as set forth herein, with each item considered a separate appropriation to be spent by the Community Preservation Committee, as shown below with any strikeouts indicating deletions from the Community Preservation Committee article and any highlighted text indicated additions/modifications: Purpose Amount Historic Preservation South Church Preservation Fund Restoration of the lighting of the Unitarian Meeting House $93,068 First Congregational Church of Nantucket Restoration of the front and the tower of the Summer Church $371,905 Nantucket Historical Association Restoration of Quaker Meeting house $40,000 Museum of African American History Fourth phase of restoration of foundations and out buildings contingent on access to the archeological data uncovered $307,246 Hospital Thrift Shop Second phase of restoration of structural frame, central chimney, and drainage systems $78,700 Preservation Institute Nantucket Envision Nantucket, 3D Laser scanning of heritage resources, Phase 3 contingent on public access through GIS $107,800 American Legion Post 82 First phase of conservation and restoration of exterior brick walls contingent on review by Preservation expert and plan to complete total project before funding $64,300 Town of Nantucket Natural Resources Department Second phase of restoration of the Brant Point shellfish hatchery $200,000 Sub-total $1,263,019 Page 51 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions All of the funds to be used in this category are from the Community Preservation surcharge, interest and the State matching funds. Community Housing Nantucket Interfaith Council Housing and rental assistance program $130,000 Habitat for Humanity Nantucket Inc. Construct additional houses at Sachem’s Path $250,000 Housing Nantucket Phase two of four community rental housing units at Surfside Road $261,000 Housing Nantucket House recycling project to create two units of affordable rental Housing, funding for one half of proposed project $157,500 Town of Nantucket Funds to pay the interest and principal in the first year 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 $910,500 $150,000 of the funds utilized for this category is from the Reserve for Community Housing with the balance of the funds to be used in this category 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 The Nantucket Pond Coalition Funds to eradicate phragmites on White Goose cove, Long Pond subject to approval of the project by the Nantucket Conservation Commission $24,900 Designated Reserves for Open Space Allocation to Open Space Reserves for future use $106,100 Sub-total $256,000 All of the funds to be used in this category are from the Community Preservation surcharge, interest and the State matching funds. Page 52 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Community Preservation Committee Undesignated reserves Balance of funds available for FY 2017 for future use $10,481 All of the funds to be used in this category are 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 from the Community Preservation surcharge and the State matching funds. TOTAL $2,560,000 All amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY 2017 Community Preservation Surcharge $1,914,000 From State matching funds for FY 2016, to be received in 2017 $ 486,000 From Interest $ 10,000 From Designated Reserves for Community Housing $ 150,000 Total Revenues $2,560,000 For fiscal year 2017 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Provided however, that the above expenditures may be conditional on the recording of appropriate historic preservation restrictions for historic resources, open space restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. Page 53 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 31 (Appropriation: Siasconset Fire Station) To see if the Town will vote to appropriate the sum of One Hundred Fifty Thousand Dollars ($150,000.00) for repairs to the Siasconset Fire Station to include replacing the front entry doors, front steps and all rotten trim, and repainting all exterior trim. (Nelson K. Eldridge, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 32 (Appropriation: Cost Reimbursement) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statue or transfer from available funds, to be spent by the Town manager with the approval of the Board of Selectmen, to pay costs of $ 150,000.00 for the removal, disposal and reimbursement of cost associated with the structure moved from 4 Monomoy Rd to 13 Somerset Rd in 2012. (Clifford Williams, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 33 (Zoning Bylaw Amendment/Home Rule Petition: Coastal Erosion Liability Waiver) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, Section 139-26, as follows (NOTE: new language is shown as highlighted text; 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); and to further authorize the Board of Selectmen to file a Home Rule Petition with the General Court to effectuate the purposes and intent of the zoning amendment should it be deemed necessary and/or prudent to do so by the Board of Selectmen: Chapter 139 ZONING Article V. Administration and Enforcement § 139-26. Issuance of building and use permits. A. No building or structure shall be used, erected, constructed, relocated, added to or otherwise subjected to alteration, or demolished without a building or use permit having been issued by the Building Commissioner for any use or structure. No lot shall be changed from its use preexisting the July 27, 1972, effective date of this chapter, except to its natural condition allowed by § 139-7A(5) above, without a use permit or a building permit permitting such use. No such permit shall be issued until such construction, erection, relocation, addition, alteration, demolition or use, as proposed, shall comply in all respects with the provisions of this chapter as determined by the Zoning Enforcement Officer or with a decision rendered by the Board of Appeals, the Planning Board, or the courts in the case of appeals. (1) Demolition delay. Page 54 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (e) Issuance of building, use, or occupancy permit. [1] If it has been determined that a building is subject to review, pursuant to Subsection A(1)(b) above, no building permits shall be issued for the erection of a new building on the site of such building subject to review before issuing a demolition permit for such building subject to review in compliance with this section. [2] If it has been determined that a building subject to review has been voluntarily demolished in violation of this section, no building permits shall be issued for new construction, or any use or occupancy permit for any use other than a park or recreational open space, with respect to the premises of such building for a period of two years after the date of the determination. As used herein, "premises" includes the parcel of land upon which the demolished building was located and all abutting parcels under common ownership or control. [3] The applicant (or the owner of record, if different from the applicant) shall be responsible for properly securing the building during the time that it is subject to review under this section. If a building is subject to demolition delay, pursuant to Subsection A(1)(b) above, and the applicant fails to secure the building, the loss of the building to fire or other causes shall be considered voluntary demolition for the purposes of this section. [4] The issuance of a building permit for the construction of any new dwelling unit on Shorefront Land or within 200 feet of Shorefront Land shall be required to, in exchange for the issuance of the building permit required by this Section, execute a release, hold harmless and indemnification agreement (“Release”) relative to said permitting and the potential for coastal erosion and impacts on or elimination of public access to the property at issue. Said Release shall be maintained by the Building Commissioner. A Release shall not be required for any renovations or repairs to structures existing prior to the effective date of this Section. (2) Any applicant seeking a building permit pursuant to the terms of this Section for the construction of any new dwelling unit on Shorefront Land or property within 200 feet of Shorefront Land shall be required to, in consideration for the issuance of the building permit required by this Section, execute a Release, as specified in this Section, acknowledging the potential for coastal erosion in the vicinity of the property at issue and the potential for impacts on or elimination of public access to said property due to coastal erosion. A Release shall not be required for any renovations or repairs to structures existing prior to the effective date of this Section. Pursuant to said Release and the issuance of a permit for construction of a new dwelling unit, the applicant shall understand and be advised that the proposed new dwelling unit site at or within 200 feet of the Shorefront Land may be subject to extraordinary hazards and damage Page 55 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions from waves during storms, erosion, retreat, settlement, sinking, or subsidence and said Owner shall assume full and sole risk for such hazards, including any restrictions on public access to said property. As such, the Owner shall unconditionally waive any present, future, and unforeseen causes of action and claims of liability on the part of the Town arising from the aforementioned or other natural hazards and relating to said permit approval and resultant construction, as a condition of approval. Further, the Owner shall agree to indemnify and hold harmless the Town and its departments, boards, officials and employees for any acts or omissions and related cost of defense, including, but not limited to, claims related to impacts on or reductions in public access to said property, arising from the aforementioned or other natural hazards whether such claims should be stated by the Owner, Owner's successor-in- interest and/or third parties. D. Issuance of permits. Upon receiving the application, the Building Inspector shall examine the same within a reasonable time after filing. The Zoning Enforcement Officer shall provide the Building Commissioner with a certificate of compliance with this chapter. If the application does not conform to the provisions of all pertinent local laws, the Building Commissioner shall reject such application in writing, stating the reasons therefore, within 30 days of the submission of a complete application. (1) He shall inform the applicant of his right of appeal to the Board of Appeals in the event such application is rejected. (2) If satisfied that the proposed work and/or use conforms to the provisions of this chapter and all laws and ordinances applicable thereto, he shall issue a building or use permit thereto, within 30 days of the submission of a complete application. (3) Prior to the issuance of a permit for new dwelling unit on Shorefront Land or within 200 feet of Shorefront Land, the Owner of said property, shall be required to, in exchange for the issuance of the building permit execute the Release, as specified in this Section. Said Release shall be maintained by the Building Commissioner. 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. Payment of fees. No building or use permit shall be issued until the fees prescribed by the Board of Selectmen shall be paid to the Building Inspector. J. 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 56 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions K. Disclaimer of Liability. This Bylaw shall not create any liability on the part of the Town, its departments, boards, officials and employees for any extraordinary hazards and damage from waves during storms, erosion, retreat, settlement, sinking, or subsidence damage that results from reliance on this Bylaw or any administrative decision made lawfully thereunder. Or to take any other action related thereto. (Board of Selectmen) PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: The Board recognizes that the intent of this article is to address valid concerns about potential erosion and flooding issues affecting Town infrastructure. Two specific issues relative to Town infrastructure are raised in the article: vulnerability in erosion prone areas and long-term viability in flood prone areas. However, the proposal suffers from technical and procedural problems which have been discussed with the sponsor. As with a similar article submitted last year, the Board questions whether this type of regulation belongs in zoning, as opposed to the general bylaw or as part of an administrative solution (insurance, infrastructure policy, etc). We also question whether the issues contained within the article should be addressed separately, rather than with the same solution. The Board recommends appointment of a workgroup to further study these issues. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 34 (Zoning Map Change: RC (Residential Commercial) to CMI (Commercial Mid-Island) - Bayberry Court, Cherry Street, Chin’s Way, Dave Street, Freedom Square, Hooper Farm Road, Orange Street, Pleasant Street, Sanford Road, Sparks Avenue and West Creek Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial (RC) district in the Commercial Mid-Island (CMI) district: Map Lot Number Street 55 704.1 4A Bayberry Court 55 704.2 4B Bayberry Court 55 704.3 4C Bayberry Court 55 705.1 5A Bayberry Court 55 705.2 5B Bayberry Court 55 705.3 5C Bayberry Court 55 705.4 5D Bayberry Court 55 705.5 5E Bayberry Court 55 706.1 6A Bayberry Court 55 706.2 6B Bayberry Court 55 706.3 6C Bayberry Court Page 57 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 55 706.4 6D Bayberry Court 55 706.5 6E Bayberry Court 55 706.6 6F Bayberry Court 55 707.1 7A Bayberry Court 55 707.2 7B Bayberry Court 55 707.3 7C Bayberry Court 55 707.4 7D Bayberry Court 55 707.5 7E Bayberry Court 55 707.6 7F Bayberry Court 55 708.1 8A Bayberry Court 55 708.2 8B Bayberry Court 55 708.3 8C Bayberry Court 55 708.4 8D Bayberry Court 55 708.5 8E Bayberry Court 55 708.6 8F Bayberry Court 55 709.1 9A Bayberry Court 55 709.2 9B Bayberry Court 55 709.3 9C Bayberry Court 55 709.4 9D Bayberry Court 55 709.5 9E Bayberry Court 55 709.6 9F Bayberry Court 55 709.7 9G Bayberry Court 55 377.1 1 Cherry Street 55 387 4 Cherry Street 55 163 1 Chin’s Way 55 162 2 Chin’s Way 55 161 4 Chin’s Way 55 152 3 Dave Street 55 288 4 Dave Street 55 151 5 Dave Street 55 287.1 6 Dave Street 55 287 8 Dave Street 55 158 12 Dave Street 55 428 17 Dave Street 55 702.1 1A Freedom Square 55 702.2 1B Freedom Square 55 702.3 1C Freedom Square Page 58 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 55 702.4 1D Freedom Square 55 702.5 1E Freedom Square 55 702.6 1F Freedom Square 55 703.1 3A Freedom Square 55 703.2 3B Freedom Square 55 703.3 3C Freedom Square 55 703.4 3D Freedom Square 55 718 Freedom Square 55 228 1 Hooper Farm Road 55 227.1 3 Hooper Farm Road 55 227 5 Hooper Farm Road 55 364 115 Orange Street 55 377 117 Orange Street 55 388 119 Orange Street 55 389 121 Orange Street 55 394 125 Orange Street 55 146 127 Orange Street 55 147 129 Orange Street 55 285 135 Orange Street 55 286 137 Orange Street 55 665 137A Orange Street 55 153 141 Orange Street 55 154 143 Orange Street 55 155 145 Orange Street 55 312 147 Orange Street 55 157 147R Orange Street 55 311 149 Orange Street 55 170 159 Orange Street 55 171 161 Orange Street 55 176.5 163 Orange Street 55 176.3 165 Orange Street 55 176.4 167 Orange Street 55 292 171 Orange Street 55 180.2 175 Orange Street 55 701.1 96 Pleasant Street 55 701.2 96 Pleasant Street 55 701.3 96A Pleasant Street Page 59 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 55 701.4 96B Pleasant Street 55 145 100 Pleasant Street 55 912 109 Pleasant Street 55 149.1 110 Pleasant Street 55 267.9 111 Pleasant Street 55 149.2 112 Pleasant Street 55 149 112 Pleasant Street 55 267.8 113 Pleasant Street 55 267.7 115 Pleasant Street 55 267.6 117 Pleasant Street 55 267.5 119 Pleasant Street 55 160 122 Pleasant Street 55 164 130 Pleasant Street 55 270 131 Pleasant Street 55 271 135 Pleasant Street 55 176.1 140 Pleasant Street 55 176.2 144 Pleasant Street 55 806 2A#1 Sanford Road 55 807 2B#2 Sanford Road 55 808 2C#3 Sanford Road 55 809 2D#4 Sanford Road 55 810 2E#5 Sanford Road 55 811 2F#6 Sanford Road 55 180.1 1 Sparks Avenue 55 180.3 3 Sparks Avenue 55 636 5 Sparks Avenue 55 179 9 Sparks Avenue 55 229 14A Sparks Avenue 55 229.1 14B Sparks Avenue 55 177 15 Sparks Avenue 55 800 16A Sparks Avenue 55 801 16B Sparks Avenue 55 802 16C Sparks Avenue 55 803 16D Sparks Avenue 55 804 16E Sparks Avenue 55 231.1 18 Sparks Avenue 55 231.2 18A Sparks Avenue Page 60 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 55 307 20 Sparks Avenue 55 269.2 21 Sparks Avenue 55 308 22 Sparks Avenue 55 309 24 Sparks Avenue 155 310 26 Sparks Avenue 55 234.6 30 Sparks Avenue 55 268 31 Sparks Avenue 55 233.2 34 Sparks Avenue 55 233.1 36 Sparks Avenue 55 240.1 38 Sparks Avenue 55 267.4 41 Sparks Avenue 55 267.3 43 Sparks Avenue 55 267.2 45 Sparks Avenue 55 267.1 47 Sparks Avenue 55 266 51 Sparks Avenue 55 169 1 West Creek Road 55 168 3 West Creek Road 55 172 4 West Creek Road 55 289 5 West Creek Road 55 173 6 West Creek Road 55 167 7 West Creek Road 55 173.1 8 West Creek Road 55 174 10 West Creek Road 55 166 11 West Creek Road 55 175 12 West Creek Road 55 165 13 West Creek Road All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 34 RC to CMI - Bayberry Court, Cherry Street, Chin’s Way, Dave Street, Freedom Square, Hooper Farm Road, Orange Street, Pleasant Street, Sanford Road, Sparks Avenue and West Creek Road” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential Commercial (RC) district in the Commercial Mid-Island (CMI) district: Page 61 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 55 704.1 4A Bayberry Court 55 704.2 4B Bayberry Court 55 704.3 4C Bayberry Court 55 705.1 5A Bayberry Court 55 705.2 5B Bayberry Court 55 705.3 5C Bayberry Court 55 705.4 5D Bayberry Court 55 705.5 5E Bayberry Court 55 706.1 6A Bayberry Court 55 706.2 6B Bayberry Court 55 706.3 6C Bayberry Court 55 706.4 6D Bayberry Court 55 706.5 6E Bayberry Court 55 706.6 6F Bayberry Court 55 707.1 7A Bayberry Court 55 707.2 7B Bayberry Court 55 707.3 7C Bayberry Court 55 707.4 7D Bayberry Court 55 707.5 7E Bayberry Court 55 707.6 7F Bayberry Court 55 708.1 8A Bayberry Court 55 708.2 8B Bayberry Court 55 708.3 8C Bayberry Court 55 708.4 8D Bayberry Court 55 708.5 8E Bayberry Court 55 708.6 8F Bayberry Court 55 709.1 9A Bayberry Court 55 709.2 9B Bayberry Court 55 709.3 9C Bayberry Court 55 709.4 9D Bayberry Court 55 709.5 9E Bayberry Court 55 709.6 9F Bayberry Court 55 709.7 9G Bayberry Court 55 377.1 1 Cherry Street 55 387 4 Cherry Street 55 163 1 Chin’s Way Page 62 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 55 162 2 Chin’s Way 55 161 4 Chin’s Way 55 152 3 Dave Street 55 288 4 Dave Street 55 151 5 Dave Street 55 287.1 6 Dave Street 55 287 8 Dave Street 55 158 12 Dave Street 55 428 17 Dave Street 55 702.1 1A Freedom Square 55 702.2 1B Freedom Square 55 702.3 1C Freedom Square 55 702.4 1D Freedom Square 55 702.5 1E Freedom Square 55 702.6 1F Freedom Square 55 703.1 3A Freedom Square 55 703.2 3B Freedom Square 55 703.3 3C Freedom Square 55 703.4 3D Freedom Square 55 718 Freedom Square 55 228 1 Hooper Farm Road 55 227.1 3 Hooper Farm Road 55 227 5 Hooper Farm Road 55 364 115 Orange Street 55 377 117 Orange Street 55 388 119 Orange Street 55 389 121 Orange Street 55 394 125 Orange Street 55 146 127 Orange Street 55 147 129 Orange Street 55 285 135 Orange Street 55 286 137 Orange Street 55 665 137A Orange Street 55 153 141 Orange Street 55 154 143 Orange Street 55 155 145 Orange Street 55 312 147 Orange Street Page 63 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 55 157 147R Orange Street 55 311 149 Orange Street 55 170 159 Orange Street 55 171 161 Orange Street 55 176.5 163 Orange Street 55 176.3 165 Orange Street 55 176.4 167 Orange Street 55 292 171 Orange Street 55 180.2 175 Orange Street 55 701.1 96 Pleasant Street 55 701.2 96 Pleasant Street 55 701.3 96A Pleasant Street 55 701.4 96B Pleasant Street 55 145 100 Pleasant Street 55 912 109 Pleasant Street 55 149.1 110 Pleasant Street 55 267.9 111 Pleasant Street 55 149.2 112 Pleasant Street 55 149 112 Pleasant Street 55 267.8 113 Pleasant Street 55 267.7 115 Pleasant Street 55 267.6 117 Pleasant Street 55 267.5 119 Pleasant Street 55 160 122 Pleasant Street 55 164 130 Pleasant Street 55 270 131 Pleasant Street 55 271 135 Pleasant Street 55 176.1 140 Pleasant Street 55 176.2 144 Pleasant Street 55 277 Pleasant Street 55 806 2A#1 Sanford Road 55 807 2B#2 Sanford Road 55 808 2C#3 Sanford Road 55 809 2D#4 Sanford Road 55 810 2E#5 Sanford Road 55 811 2F#6 Sanford Road 55 180.1 1 Sparks Avenue Page 64 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 55 180.3 3 Sparks Avenue 55 636 5 Sparks Avenue 55 179 9 Sparks Avenue 55 229 14A Sparks Avenue 55 229.1 14B Sparks Avenue 55 177 15 Sparks Avenue 55 800 16A Sparks Avenue 55 801 16B Sparks Avenue 55 802 16C Sparks Avenue 55 803 16D Sparks Avenue 55 804 16E Sparks Avenue 55 231.1 18 Sparks Avenue 55 231.2 18A Sparks Avenue 55 307 20 Sparks Avenue 55 269.2 21 Sparks Avenue 55 308 22 Sparks Avenue 55 309 24 Sparks Avenue 155 310 26 Sparks Avenue 55 234.6 30 Sparks Avenue 55 268 31 Sparks Avenue 55 233.2 34 Sparks Avenue 55 233.1 36 Sparks Avenue 55 240.1 38 Sparks Avenue 55 267.4 41 Sparks Avenue 55 267.3 43 Sparks Avenue 55 267.2 45 Sparks Avenue 55 267.1 47 Sparks Avenue 55 266 51 Sparks Avenue 55 169 1 West Creek Road 55 168 3 West Creek Road 55 172 4 West Creek Road 55 289 5 West Creek Road 55 173 6 West Creek Road 55 167 7 West Creek Road 55 173.1 8 West Creek Road 55 174 10 West Creek Road 55 166 11 West Creek Road Page 65 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 55 175 12 West Creek Road 55 165 13 West Creek Road All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 34 RC to CMI - Bayberry Court, Cherry Street, Chin’s Way, Dave Street, Freedom Square, Hooper Farm Road, Orange Street, Pleasant Street, Sanford Road, Sparks Avenue and West Creek Road” dated March, 2016. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 35 (Zoning Map Change: RC-2 (Residential Commercial-2) to CMI (Commercial Mid-Island) - Hanabea Lane, Nobadeer Farm Road, Old South Road and Wampanoag Way) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial (RC) district in the Commercial Mid-Island (CMI) district: Map Lot Number Street 68 966 1 Hanabea Lane 68 319 2 Hanabea Lane 68 967 3 Hanabea Lane 69 15 4 Hanabea Lane 69 271 5 Hanabea Lane 69 255 6 Hanabea Lane 69 272 7 Hanabea Lane 69 256 8 Hanabea Lane 69 257 10 Hanabea Lane 69 258 12 Hanabea Lane 69 102 47 Nobadeer Farm Road 69 101 49 Nobadeer Farm Road 69 100 51 Nobadeer Farm Road 68 300 133 Old South Road 68 968 118 Old South Road 68 969 124 Old South Road 69 273 126 Old South Road 69 274 128 Old South Road 69 14 130 Old South Road 68 46.6 135A Old South Road 68 46.5 135B Old South Road Page 66 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 68 318 5 Wampanoag Way 68 317 9 Wampanoag Way 68 316 11 Wampanoag Way 68 315 13 Wampanoag Way 68 314 15 Wampanoag Way 68 313 19 Wampanoag Way 68 312 21 Wampanoag Way 68 311 23 Wampanoag Way All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 35 RC-2 to CMI - Hanabea Lane, Nobadeer Farm Road, Old South Road and Wampanoag Way” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential Commercial (RC) district in the Commercial Mid-Island (CMI) district: Map Lot Number Street 68 966 1 Hanabea Lane 68 319 2 Hanabea Lane 68 967 3 Hanabea Lane 69 15 4 Hanabea Lane 69 271 5 Hanabea Lane 69 255 6 Hanabea Lane 69 272 7 Hanabea Lane 69 256 8 Hanabea Lane 69 257 10 Hanabea Lane 69 258 12 Hanabea Lane 69 102 47 Nobadeer Farm Road 69 101 49 Nobadeer Farm Road 69 100 51 Nobadeer Farm Road 68 300 133 Old South Road 68 968 118 Old South Road 68 969 124 Old South Road 69 273 126 Old South Road 69 274 128 Old South Road 69 14 130 Old South Road Page 67 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 68 46.6 135A Old South Road 68 46.5 135B Old South Road 68 318 5 Wampanoag Way 68 317 9 Wampanoag Way 68 316 11 Wampanoag Way 68 315 13 Wampanoag Way 68 314 15 Wampanoag Way 68 313 19 Wampanoag Way 68 312 21 Wampanoag Way 68 311 23 Wampanoag Way All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 35 RC-2 to CMI - Hanabea Lane, Nobadeer Farm Road, Old South Road and Wampanoag Way” dated January, 2016. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 36 (Zoning Bylaw Amendment: Commercial Mid-Island) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend section 2 as follows: APARTMENT BUILDING(S) A structure or structures containing a maximum of up to eight bedrooms in up to six dwelling units on a single lot with no commercial or other uses shall be allowed in the following districts: (1) CN/VN one dwelling unit is permitted for each 2,500 square feet of lot area. (2) CMI one dwelling unit is permitted for each 1,500 square feet of lot area. The Planning Board shall be the special permit granting authority. 2. To amend section 7A by amending the Use Chart as follows: a. By deleting “N” in the “CMI” column and “Apartment building” row and replacing it with “SP”. b. By deleting “N” in the “CMI” column and “Workforce Rental Community” row and replacing it with “SP”. Page 68 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 3. To amend section 8D as follows: Special permit issued by the Planning Board to create workforce homeownership housing in the R-5 zoning district through a Workforce Homeownership Housing Bonus Lots allowance and in the CN and CMI zoning district through a Workforce Rental Community. 4. To amend section 8D(1)(a) as follows: The following requirements shall apply to Workforce Homeownership Housing Bonus Lots in the R-5 zoning district and to Workforce Housing Rental Community in the CN and CMI zoning district. i. Minimum lot requirement of 60,000 square feet; in the CN district and 32,000 square feet in the CMI district; … 5. To amend section 17A as follows: A. Building and structure height is measured as the average height of all sides of a building or structure from the average mean grade to the highest point of the building and/or structure. There shall be only one highest point for each building and/or structure. No one building and/or structure side shall exceed 32 feet, except in the CDT and CMI districts, or as otherwise permitted. Height limitations, except as noted in the Village Height Overlay District, shall be as follows: Zoning District Maximum Height Country Overlay District SR-1, SOH, SR-10, SR-20, LUG-1, LUG-2, LUG-3, MMD, VN, VTEC, VR 30 Town Overlay District Town Overlay District R-1, ROH, R-5, R-10, R-20, R-40, CDT, CMI, CN, CTEC, CI, RC, RC-2, LC CMI 30 40 Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend section 2 as follows: Page 69 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions APARTMENT BUILDING(S) A structure or structures containing a maximum of up to eight bedrooms in up to six dwelling units on a single lot with no commercial or other uses shall be allowed in the following districts: (1) CN/VN one dwelling unit is permitted for each 2,500 square feet of lot area. (2) CMI one dwelling unit is permitted for each 1,250 square feet of lot area. The Planning Board shall be the special permit granting authority. 2. To amend section 7A by amending the Use Chart as follows: a. By deleting “N” in the “CMI” column and “Apartment building” row and replacing it with “SP”. b. By deleting “N” in the “CMI” column and “Workforce Rental Community” row and replacing it with “SP”. 3. To amend section 8D as follows: Special permit issued by the Planning Board to create workforce homeownership housing in the R-5 zoning district through a Workforce Homeownership Housing Bonus Lots allowance and in the CN and CMI zoning district through a Workforce Rental Community. 4. To amend section 8D(1)(a) as follows: The following requirements shall apply to Workforce Homeownership Housing Bonus Lots in the R-5 zoning district and to Workforce Housing Rental Community in the CN and CMI zoning district. ii. Minimum lot requirement of 60,000 square feet; in the CN district and 32,000 square feet in the CMI district; 5. To amend section 17A as follows: A. Building and structure height is measured as the average height of all sides of a building or structure from the average mean grade to the highest point of the building and/or structure. There shall be only one highest point for each building and/or structure. No one building and/or structure side shall exceed 32 feet, except in the CDT and CMI districts, or as otherwise permitted. Height limitations, except as noted in the Village Height Overlay District, shall be as follows: Zoning District Maximum Height Country Overlay District SR-1, SOH, SR-10, SR-20, LUG-1, LUG-2, LUG-3, MMD, VN, VTEC, VR 30 Town Overlay District Town Overlay District R-1, ROH, R-5, R-10, R-20, R-40, CDT, CMI, CN, CTEC, CI, RC, RC-2, LC CMI 30 40 Page 70 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 37 (Zoning Map Change: RC-2 to CTEC and R-5 – Bartlett Road and Marble Way) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties currently located in the Residential Commercial 2 (RC- 2) district in the Commercial Trade Entrepreneurship and Craft (CTEC) district: Map Lot Number Street 67 524 48 Bartlett Road 67 100 (a portion of) 54 Bartlett Road 66 101 2 Marble Way 66 101.1 2 Marble Way 2. Placing the following properties currently located in the Residential Commercial 2 (RC- 2) district in the Residential 5 (R-5) district: Map Lot Number Street 66 434 40 Bartlett Road 66 530 42 Bartlett Road 66 529 44 Bartlett Road 66 531 46 Bartlett Road 66 100 (a portion of) 54 Bartlett Road 66 100.2 56 Bartlett Road 66 100.1 58 Bartlett Road 66 101 2 Marble Way 66 101.1 2 Marble Way All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 37 RC-2 to CTEC and R-5 – Bartlett Road and Marble Way” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. Placing the following properties currently located in the Residential Commercial 2 (RC- 2) district in the Commercial Trade Entrepreneurship and Craft (CTEC) district: Page 71 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 67 524 48 Bartlett Road 67 100 (a portion of) 54 Bartlett Road 66 101 2 Marble Way 66 101.1 2 Marble Way 2. Placing the following properties currently located in the Residential Commercial 2 (RC- 2) district in the Residential 5 (R-5) district: Map Lot Number Street 66 434 40 Bartlett Road 66 530 42 Bartlett Road 66 529 44 Bartlett Road 66 531 46 Bartlett Road 66 100 (a portion of) 54 Bartlett Road 66 100.2 56 Bartlett Road 66 100.1 58 Bartlett Road 66 101 2 Marble Way 66 101.1 2 Marble Way All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 37 RC-2 to CTEC and R-5 – Bartlett Road and Marble Way” dated March, 2016 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 38 (Zoning Map Change: RC-2 and CTEC to R-10 or R-20 – Marble Way) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties currently located in the Residential Commercial 2 (RC- 2) district, in the Residential 10 (R-10) or Residential 20 (R-20) district: Map Lot Number Street 66 101 (a portion of ) 2 Marble Way 66 101.1 (a portion of) Marble Way 2. Placing the following properties currently located Commercial Trade Entrepreneurship and Craft (CTEC) district, in the Residential 10 (R-10) or Residential 20 (R-20) district: Page 72 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 66 101 (a portion of ) 2 Marble Way 66 101.1 (a portion of) Marble Way 66 102.1 4A Marble Way 66 102 4B Marble Way 66 103 6 (Lots 202 and 203 on Land Court Plan 28933-6) Marble Way 66 104 10 Marble Way 66 105 12 Marble Way 66 106 14 Marble Way 66 106.1 16 Marble Way All as shown on a map entitled “2016 Annual Town Meeting Warrant Article ___ Zoning Map Change: RC-2 and CTEC to R-10 or R-20 – Marble Way” dated October 23rd, 2015 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Samantha Parsons, et al) PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: Following a lengthy discussion at the public hearing, the Board determined that this rezoning would create substantial zoning nonconformities, and that it would not address the concerns that were expressed by neighborhood residents. Eight of the 10 properties either already contain a commercial use or potential exists because of certain steps that property owners have taken to preserve the right to establish a commercial use as allowed within the current CTEC zoning district. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 39 (Zoning Map Change: RC-2 to CN and R-5 – Fairgrounds Road, Vincent Circle and Ticcoma Way) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties currently located in the Residential Commercial 2 (RC- 2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 67 40 2 Fairgrounds Road 67 752 4 Fairgrounds Road 67 710 (a portion of) 16 Vincent Circle Page 73 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 2. Placing the following properties currently located in the Residential Commercial 2 (RC- 2) district in the Residential 5 (R-5) district: Map Lot Number Street 67 700 2 Ticcoma Way 67 701 4 Ticcoma Way 67 702 6 Ticcoma Way 67 703 8 Ticcoma Way 67 704 10 Ticcoma Way 67 705 12 Ticcoma Way 67 706 14 Ticcoma Way 67 707 16 Ticcoma Way All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 39 RC-2 to CN and R-5 – Fairgrounds Road, Vincent Circle and Ticcoma Way” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. Placing the following properties currently located in the Residential Commercial 2 (RC- 2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 67 40 2 Fairgrounds Road 67 752 4 Fairgrounds Road 67 710 (a portion of) 16 Vincent Circle 2. Placing the following properties currently located in the Residential Commercial 2 (RC- 2) district in the Residential 5 (R-5) district: Map Lot Number Street 67 700 2 Ticcoma Way 67 701 4 Ticcoma Way 67 702 6 Ticcoma Way 67 703 8 Ticcoma Way 67 704 10 Ticcoma Way 67 705 12 Ticcoma Way 67 706 14 Ticcoma Way 67 707 16 Ticcoma Way All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 39 RC-2 to CN and R-5 – Fairgrounds Road, Vincent Circle and Ticcoma Way” dated January, 2016. Page 74 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 40 (Zoning Map Change: R-1 to ROH – Various Locations) 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 Residential Old Historic (ROH) district: Map Lot Number Street 42.4.4 20 3 Cliff Road 42.4.4 60 5 Cliff Road 42.4.4 59.1 7 Cliff Road 42.4.4 59 9 Cliff Road 42.4.4 21 89 Easton Street 55.4.4 42.1 1 Joy Street 55.4.4 68 (68.1) 3 (5) Joy Street 55.4.4 32.2 7 Joy Street 41 858 1 Lowell Place 41 511 3 Lowell Place 41 293 3 Madaket Road 42.3.3 46 131 Main Street 41 455 139 Main Street 41 172 141 Main Street 41 171 145 Main Street 41 170 147 Main Street 41 289 158 Main Street 41 290 160 Main Street 41 291 162 Main Street 41 292 164 Main Street 55.4.4 1 30 Milk Street 56 321 32 Milk Street 41 41 35 Milk Street 55.4.4 10 10 Mt Vernon Street 55.4.4 10.1 10R Mt Vernon Street 55.4.4 35 12 Mt Vernon Street 55.4.4 34 14 Mt Vernon Street 55.4.4 33 16 Mt Vernon Street Page 75 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 55.4.4 32.1 18 Mt Vernon Street 42.4.4 19 4 North Avenue 55.4.4 2 1 Prospect Street 55.4.4 37 1 Prospect Street 55.4.4 38 3 Prospect Street 55.4.4 39 5 Prospect Street 55.4.4 40 7 Prospect Street 55.4.4 41 9 Prospect Street 55.4.4 42 11 Prospect Street 55.4.4 88 17 Prospect Street 55.4.4 89.1 19 Prospect Street 55.4.4 89 21 Prospect Street 55.4.4 90 23 Prospect Street 55.4.4 91 25 Prospect Street 55.4.4 93 27 Prospect Street 41 178 15 Quaker Road 41 179 17 Quaker Road 41 42 19 Quaker Road 41 617 24A Vestal Street All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 40 R-1 to ROH – Various Locations” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential 1 (R-1) district in the Residential Old Historic (ROH) district: Map Lot Number Street 42.4.4 20 3 Cliff Road 42.4.4 60 5 Cliff Road 42.4.4 59.1 7 Cliff Road 42.4.4 59 9 Cliff Road 42.4.4 21 89 Easton Street 55.4.4 42.1 1 Joy Street 55.4.4 68 (68.1) 3 (5) Joy Street 55.4.4 32.2 7 Joy Street Page 76 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 41 858 1 Lowell Place 41 511 3 Lowell Place 41 293 3 Madaket Road 42.3.3 46 131 Main Street 41 455 139 Main Street 41 172 141 Main Street 41 171 145 Main Street 41 170 147 Main Street 41 289 158 Main Street 41 290 160 Main Street 41 291 162 Main Street 41 292 164 Main Street 55.4.4 1 30 Milk Street 56 321 32 Milk Street 55.4.4 36 32R Milk Street (Mt. Vernon Street) 41 41 35 Milk Street 55.4.4 10 10 Mt Vernon Street 55.4.4 10.1 10R Mt Vernon Street 55.4.4 35 12 Mt Vernon Street 55.4.4 34 14 Mt Vernon Street 55.4.4 33 16 Mt Vernon Street 55.4.4 32.1 18 Mt Vernon Street 42.4.4 19 4 North Avenue 55.4.4 2 1 Prospect Street 55.4.4 37 1 Prospect Street 55.4.4 38 3 Prospect Street 55.4.4 39 5 Prospect Street 55.4.4 40 7 Prospect Street 55.4.4 41 9 Prospect Street 55.4.4 42 11 Prospect Street 55.4.4 88 17 Prospect Street 55.4.4 89.1 19 Prospect Street 55.4.4 89 21 Prospect Street 55.4.4 90 23 Prospect Street 55.4.4 91 25 Prospect Street 55.4.4 93 27 Prospect Street 41 178 15 Quaker Road Page 77 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 41 179 17 Quaker Road 41 42 19 Quaker Road 41 617 24A Vestal Street All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 40 R-1 to ROH – Various Locations” dated January, 2016. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 41 (Zoning Map Change: R-20 to VR - Quidnet) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential 20 (R-20) district in the Village Residential (VR) district: Map Lot Number Street 21 26.9 (a portion of) 3 Beacon Lane 21 26.8 (a portion of) 5 Beacon Lane 21 26.2 3 Naauma Lane 21 26.3 4 Naauma Lane 21 151 22 Quidnet Road 21 150 26 Quidnet Road 21 149 30 Quidnet Road 21 27.1 31 Quidnet Road 21 27.4 31 Quidnet Road 21 27.2 33 Quidnet Road 21 53 34 Quidnet Road 21 27.3 35 Quidnet Road 21 52 36 Quidnet Road 21 50 40 Quidnet Road 21 26.1 41 Quidnet Road 21 26.5 41 Quidnet Road 21 21 (a portion of) 45 Quidnet Road 21 143 47 Quidnet Road 21 90 50 Quidnet Road 21 91 50R Quidnet Road 21 59 52 Quidnet Road 21 89 57 Quidnet Road Page 78 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 21 81.2 59 Quidnet Road 21 81.3 61 Quidnet Road 21 96 64 Quidnet Road 21 115 65 Quidnet Road 21 114 67 Quidnet Road 21 113 68 Quidnet Road 21 111 72 Quidnet Road 21 110 74 Quidnet Road 21 63 76 Quidnet Road 21 99 80 Quidnet Road 21 100 84 Quidnet Road 21 101 84 Quidnet Road 21 102 86 Quidnet Road 21 103 86 Quidnet Road 21 104 88 Quidnet Road 21 109 88 Quidnet Road 21 105 90 Quidnet Road 21 108 90 Quidnet Road 21 107 (a portion of) 94 Quidnet Road 21 73 (a portion of) 100 Quidnet Road 21 74 (a portion of) 102 Quidnet Road 21 75.1 Quidnet Road 21 26 4 Sakedan Lane 21 26.4 5 Sakedan Lane 21 26.7 (a portion of) 6 Sakedan Lane 21 26.6 7 Sakedan Lane 21 24 1 Sesachacha Road 21 88 2 Sesachacha Road 21 23 3 Sesachacha Road 21 87 6 Sesachacha Road 21 142 7 Sesachacha Road 21 85 8 Sesachacha Road 21 141 9 Sesachacha Road 21 140 11 Sesachacha Road 21 83 12 Sesachacha Road 21 82 14 Sesachacha Road 21 18 17 Sesachacha Road Page 79 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 21 19 17 Sesachacha Road 21 80 24 Sesachacha Road 21 79 28 Sesachacha Road 21 78 30 Sesachacha Road 21 76.4 36A Sesachacha Road 21 76.1 36B Sesachacha Road 21 76.2 36C Sesachacha Road 21 76.3 36D Sesachacha Road 21 48 2 Squam Road 21 47 6 Squam Road 21 49 6 Squam Road 21 51 8 Squam Road All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 41 R-20 to VR – Quidnet” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: This article should be referred to the Nantucket Planning and Economic Development Commission (NP&EDC) for further study through the area plan process, or other neighborhood level planning review. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 42 (Zoning Bylaw Amendment: Village Residential/Swimming Pool) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7A, by deleting “A” in the “VR” column and “Swimming pool – residential” row and replacing it with “SP” or “N” (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). Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved to take no action on the Article. Page 80 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD COMMENT: This article was originally to be considered with Article 41 and should now be deferred pending the outcome of neighborhood planning in Quidnet and other VR zoned areas, primarily Madaket. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 43 (Zoning Map Change: R-20 to R-40 or LUG-1 – Crooked Lane, Grove Lane and Madaket Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential 20 (R-20) district, in the Residential 40 (R-40) district: Map Lot Number Street 41 330 36 Crooked Lane 41 441 18 Grove Lane 41 505 19 Grove Lane 41 440 20 Grove Lane 41 438 23 Grove Lane 41 439 24 Grove Lane 41 437 26 Grove Lane 41 436 28 Grove Lane 41 435 30 Grove Lane 41 433.1 34A Grove Lane 41 433 34B Grove Lane 41 432 36 Grove Lane 41 431 38 Grove Lane 41 430 40 Grove Lane 41 415 54 Grove Lane 41 419 55 Grove Lane 41 416 58 Grove Lane 41 410 (portion of) 35 Madaket Road All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 43 R-20 to R-40 or LUG-1 – Crooked Lane, Grove Lane and Madaket Road” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) Page 81 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential 20 (R-20) district, in the Residential 40 (R-40) district: Map Lot Number Street 41 330 36 Crooked Lane 41 441 18 Grove Lane 41 505 19 Grove Lane 41 440 20 Grove Lane 41 438 23 Grove Lane 41 439 24 Grove Lane 41 437 26 Grove Lane 41 436 28 Grove Lane 41 435 30 Grove Lane 41 433.1 34A Grove Lane 41 433 34B Grove Lane 41 432 36 Grove Lane 41 431 38 Grove Lane 41 430 40 Grove Lane 41 415 54 Grove Lane 41 419 55 Grove Lane 41 416 58 Grove Lane 41 410 (portion of) 35 Madaket Road All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 43 R-20 to R-40 or LUG-1 – Crooked Lane, Grove Lane and Madaket Road” dated March, 2016. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 44 (Zoning Map Change: SR-20 to SR-5/Clifton Street, Comeau Lane and Sconset 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 properties currently located in the Sconset Residential-20 (SR-20) Zoning District in the Sconset Residential-5 (SR-5) Zoning Distrit. Please see attached list of parcels and map. Page 82 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 73.4.1 4 11 Clifton 73.4.1 27 7 Clifton 73.4.1 5 3 Comeau Ln 73.4.1 28 2 Sconset Ave 73.4.1 6 4 Sconset Ave 49.3.2 13 7 Comeau Ln 49.3.2 12 6 Sconset Ave 49.3.2 29 9 Comeau Ln 49.3.2 28 8 Sconset Ave 49.3.2 27 10 Sconset Ave 49.3.2 25 12 Sconset Ave 49.3.2 32 16 Sconset Ave 49.3.2 24 14 Sconset Ave 73.4.1 7 3 Sconset Ave 49.3.2 11 5 Sconset Ave 49.3.2 10 7 Sconset Ave 49.3.2 9 9 Sconset Ave 49.3.2 8 11 Sconset Ave 49.3.2 7 13 Sconset Ave 49.3.2 6 15 Sconset Ave (John B. Brescher, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Sconset Residential-20 (SR-20) district in the Sconset Residential-1 (SR-1) district. 73.4.1 4 11 Clifton Street 73.4.1 27 7 Clifton Street 73.4.1 5 3 Comeau Lane 73.4.1 28 2 Sconset Avenue 73.4.1 6 4 Sconset Avenue 49.3.2 13 7 Comeau Lane 49.3.2 12 6 Sconset Avenue 49.3.2 29 9 Comeau Lane 49.3.2 28 8 Sconset Avenue 49.3.2 27 10 Sconset Avenue 49.3.2 25 12 Sconset Avenue 49.3.2 32 16 Sconset Avenue 49.3.2 24 14 Sconset Avenue 73.4.1 7 3 Sconset Avenue 49.3.2 11 5 Sconset Avenue 49.3.2 10 7 Sconset Avenue 49.3.2 9 9 Sconset Avenue Page 83 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 49.3.2 8 11 Sconset Avenue 49.3.2 7 13 Sconset Avenue 49.3.2 6 15 Sconset Avenue All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 44 SR-20 to SR-1 Clifton Street, Comeau Lane, and Sconset Avenue” dated January, 2016. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 45 (Zoning Map Change: CDT, ROH, R-1, R-20 and LUG-2 to R-40 - Town Open Space) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Place the following properties currently located in the Commercial Downtown (CDT) district in the Residential-40 (R-40) district. Map Lot Number Street 42.4.2 18 27 Easy Street 2. Place the following properties currently located in the Residential Old Historic (ROH) district in the Residential-40 (R-40) district. Map Lot Number Street 42.3.3 179 106 Main Street 3. Place the following properties currently located in the Residential-1 (R-1) district in the Residential-40 (R-40) district. Map Lot Number Street 30 608 2 Nantucket Avenue 42.4.4 54.1 North Avenue 42.4.4 54.2 North Avenue 4. Place the following properties currently located in the Residential-20 (R-20) district in the Residential-40 (R-40) district. Map Lot Number Street 56 452 1 Aurora Way 56 456 2 Aurora Way 41 480 (portion of) 21 Crooked Lane 56 372 12 High Brush Path 56 387 20 High Brush Path 56 114 14 Oak Hollow Page 84 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 68 826 126 Old South Road 68 827 127 Old South Road 68 828 128 Old South Road 5. Place the following properties currently located in the Limited Use General-2 (LUG-2) district in the Residential-40 (R-40) district. Map Lot Number Street 67 82.1 Surfside Road All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 45 CDT, ROH, R- 1, R-20 and LUG-2 to R-40 -Town Open Space” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. Place the following properties currently located in the Commercial Downtown (CDT) district in the Residential-40 (R-40) district. Map Lot Number Street 42.4.2 18 27 Easy Street 2. Place the following properties currently located in the Residential Old Historic (ROH) district in the Residential-40 (R-40) district. Map Lot Number Street 42.3.3 179 106 Main Street 3. Place the following properties currently located in the Residential-1 (R-1) district in the Residential-40 (R-40) district. Map Lot Number Street 30 608 2 Nantucket Avenue 42.4.4 54.1 North Avenue 42.4.4 54.2 North Avenue 4. Place the following properties currently located in the Residential-20 (R-20) district in the Residential-40 (R-40) district. Map Lot Number Street 56 4527 1 Aurora Way 56 456 2 Aurora Way Page 85 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 41 480 (portion of) 21 Crooked Lane 56 372 12 High Brush Path 56 387 20 High Brush Path 56 114 14 Oak Hollow 68 826 126 Old South Road 68 827 127 Old South Road 68 828 128 Old South Road 5. Place the following properties currently located in the Limited Use General-2 (LUG-2) district in the Residential-40 (R-40) district. Map Lot Number Street 67 82.1 Surfside Road All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 45 CDT, ROH, R- 1, R-20 and LUG-2 to R-40 -Town Open Space” dated March, 2016. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 46 (Zoning Map Change: R-20, VR, LUG-1, and LUG-2 to LUG-3 – Country Open Space) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Place the following properties currently located in the Residential-20 (R-20) district in the Limited Use General-3 (LUG-3) district: Map Lot Number Street 21 75 (portion of) Rear Quidnet Road 21 98 78 Quidnet Road 21 81.1 18 Sesachacha Road 87 81 (portion of) 32 Western Avenue 2. Place the following properties currently located in the Village Residential (VR) district in the Limited Use General-3 (LUG-3) district: Map Lot Number Street 60.2.4 34 10 Ames Avenue 60.2.4 60 Ames Avenue 59.3 71 Arkansas Avenue 59.3 72 Arkansas Avenue 59.3 74 Arkansas Avenue Page 86 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 59.3 75 Arkansas Avenue 59.3 76 Arkansas Avenue 59.3 77 Arkansas Avenue 59.4 238 Madaket 59.4 327 272 Madaket Road 59.4 328 272 Madaket Road 59.4 289 276 Madaket Road 59.4 179 Mississippi Avenue 59.4 280 Mississippi Avenue 59.4 281 Mississippi Avenue 59.4 282 Mississippi Avenue 59.4 323 Mississippi Avenue 59.4 324 Mississippi Avenue 59.4 325 Mississippi Avenue 59.4 326 Mississippi Avenue 59.4 178 Mississippi Avenue 60.3.1 192 43 New Hampshire Avenue 59.3 92 North Carolina Avenue 59.3 188 North Carolina Avenue 59.3 189 North Carolina Avenue 59.3 190 North Carolina Avenue 59.3 266 North Carolina Avenue 59.3 267 North Carolina Avenue 59.3 269 North Carolina Avenue 60.3.1 24 Rhode Island Avenue 59.3 248 South Carolina Avenue 59.3 47 Starbuck Road 59.3 70 Starbuck Road 59.3 142 Starbuck Road 60 24 9 Starbuck Road 60 110 17R Starbuck Road 60.1.2 56 21 Tennessee Avenue 60.1.2 57 23 Tennessee Avenue 3. Place the following properties currently located in the Limited Use General-1 (LUG- 1) district in the Limited Use General-3 (LUG-3) district: Page 87 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 59 1.3 225 Madaket Road 54 204 21 Monomoy Road 55 61.1 158 Orange Street 43 14 56 Polpis Road 43 168 30 Shimmo Pond Road 43 169 32 Shimmo Pond Road 59.3 42 48 South Cambridge Street 4. Place the following properties currently located in the Limited Use General-2 (LUG- 2) district in the Limited Use General-3 (LUG-3) district: Map Lot Number Street 41 480 (portion of) 21 Crooked Lane 31 25.2 10 East Tristram Avenue 39 31.1 9 Greenleaf Road 87 86 1 Hillside Avenue 87 2 7 Hillside Avenue 38 111 38 Ridge Lane 41 536 3 Wannacomet Road 41 532 West Chester Street All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 46 R-20, VR, LUG- 1, and LUG-2 to LUG-3 – Country Open Space” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. Place the following properties currently located in the Residential-20 (R-20) district in the Limited Use General-3 (LUG-3) district: Map Lot Number Street 21 75 (portion of) Rear Quidnet Road 21 98 78 Quidnet Road 21 81.1 18 Sesachacha Road 41 480 (portion of) 21 Crooked Lane 87 81 (portion of) 32 Western Avenue 2. Place the following properties currently located in the Village Residential (VR) district in the Limited Use General-3 (LUG-3) district: Page 88 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 60.2.4 34 10 Ames Avenue 60.2.4 60 Ames Avenue 59.3 71 Arkansas Avenue 59.3 72 Arkansas Avenue 59.3 74 Arkansas Avenue 59.3 75 Arkansas Avenue 59.3 76 Arkansas Avenue 59.3 77 Arkansas Avenue 59.4 238 Madaket 59.4 327 272 Madaket Road 59.4 328 272 Madaket Road 59.4 289 276 Madaket Road 59.4 179 Mississippi Avenue 59.4 280 Mississippi Avenue 59.4 281 Mississippi Avenue 59.4 282 Mississippi Avenue 59.4 323 Mississippi Avenue 59.4 324 Mississippi Avenue 59.4 325 Mississippi Avenue 59.4 326 Mississippi Avenue 59.4 178 Mississippi Avenue 60.3.1 192 43 New Hampshire Avenue 59.3 92 North Carolina Avenue 59.3 188 North Carolina Avenue 59.3 189 North Carolina Avenue 59.3 190 North Carolina Avenue 59.3 266 North Carolina Avenue 59.3 267 North Carolina Avenue 59.3 269 North Carolina Avenue 60.3.1 24 Rhode Island Avenue 59.3 248 South Carolina Avenue 59.3 47 Starbuck Road 59.3 70 Starbuck Road 59.3 142 Starbuck Road 60 24 9 Starbuck Road 60 110 17R Starbuck Road Page 89 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 60.1.2 56 21 Tennessee Avenue 60.1.2 57 23 Tennessee Avenue 3. Place the following properties currently located in the Limited Use General-1 (LUG- 1) district in the Limited Use General-3 (LUG-3) district: Map Lot Number Street 59 1.3 225 Madaket Road 54 204 21 Monomoy Road 55 61.1 158 Orange Street 43 14 56 Polpis Road 43 168 30 Shimmo Pond Road 43 169 32 Shimmo Pond Road 59.3 42 48 South Cambridge Street 4. Place the following properties currently located in the Limited Use General-2 (LUG- 2) district in the Limited Use General-3 (LUG-3) district: Map Lot Number Street 41 480 (portion of) 21 Crooked Lane 31 25.2 10 East Tristram Avenue 39 31.1 9 Greenleaf Road 87 86 1 Hillside Avenue 87 2 7 Hillside Avenue 38 111 38 Ridge Lane 41 536 3 Wannacomet Road 41 532 West Chester Street All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 46 R-20, VR, LUG- 1, and LUG-2 to LUG-3 – Country Open Space” dated March, 2016. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 47 (Zoning Map Change: VTEC to VR, VTEC to LUG-3, and LUG-3 to VTEC – Hummock Pond Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing portions of property known as Assessor Map 65, lot 38, 165 Hummock Pond Road, currently located in the Village Trade Entrepreneurship and Craft (VTEC) district in the Village Residential (VR) district and; Page 90 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 2. Placing portions of property known as Assessor Map 65, lot 1.1, 171R Hummock Pond Road, currently located in the Limited Use General-3 (LUG) district in the Village Trade Entrepreneurship and Craft (VTEC) district and; 3. Placing portions of property known as Assessor Map 65, lot 1, 171 Hummock Pond Road, currently located in the Village Trade Entrepreneurship and Craft (VTEC) district in the Limited Use General-3 (LUG) district; All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 47 Zoning Map Change: VTEC to VR, VTEC to LUG-3, and LUG-3 to VTEC – Hummock Pond Road” dated January, 2016 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. Placing portions of property known as Assessor Map 65, lot 38, 165 Hummock Pond Road, currently located in the Village Trade Entrepreneurship and Craft (VTEC) district in the Village Residential (VR) district and; 2. Placing portions of property known as Assessor Map 65, lot 1.1, 171R Hummock Pond Road, currently located in the Limited Use General-3 (LUG) district in the Village Trade Entrepreneurship and Craft (VTEC) district and; 3. Placing portions of property known as Assessor Map 65, lot 1, 171 Hummock Pond Road, currently located in the Village Trade Entrepreneurship and Craft (VTEC) district in the Limited Use General-3 (LUG) district; All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 47 Zoning Map Change: VTEC to VR, VTEC to LUG-3, and LUG-3 to VTEC – Hummock Pond Road” dated January, 2016. PLANNING BOARD COMMENT: The proposed zoning changes cures a discrepancy between the zoning district lines and the lot lines of record and it alters a zoning line within a single property. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 48 (Zoning Map Change: LUG-2 to R-40 – Evergreen Way, Daffodil Lane and Airport Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG-2) district, in the Residential 40 (R-40) district: Map Lot Number Street 68 726 3 Evergreen Way Page 91 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 68 727 1 Evergreen Way 68 54 21 Airport Road 68 55 23 Airport Road 68 723 5 Daffodil Lane 68 717.1 15A Evergreen Way 68 717.2 15B Evergreen Way 68 716 17 Evergreen Way 68 715 19 Evergreen Way 68 709 20 Evergreen Way 68 710 22 Evergreen Way All as shown on a map entitled “2016 Annual Town Meeting Warrant Article ___ Zoning Map Change: LUG-2 to R-40 – Evergreen Way, Daffodil Lane, and Airport Road” dated , 2015 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (James Lydon, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Limited Use General 2 (LUG-2) district, in the Residential 40 (R-40) district: Map Lot Number Street 68 726 3 Evergreen Way 68 727 1 Evergreen Way 68 54 21 Airport Road 68 55 23 Airport Road 68 723 5 Daffodil Lane 68 717.1 15A Evergreen Way 68 717.2 15B Evergreen Way 68 716 17 Evergreen Way 68 715 19 Evergreen Way 68 709 20 Evergreen Way 68 710 22 Evergreen Way All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 48 Zoning Map Change: LUG-2 to R-40 – Evergreen Way, Daffodil Lane, and Airport Road” January, 2016. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 Page 92 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 49 (Zoning Map Change: LUG-2 to LUG-1; 8 Masaquet Avenue) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing 8 Masaquet Avenue (Assessor Map 80 Lot 193), currently located in the Limited Use General 2 (LUG-2) district, in the Limited Use General (LUG-1) district, as shown on a map entitled “2016 Annual Town Meeting Warrant Article ___ Zoning Map Change: LUG-2 to LUG- 1; 8 Masaquet Avenue” dated August 6, 2015 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Ronald Santos, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing 8 Masaquet Avenue (Assessor Map 80 Lot 193), currently located in the Limited Use General 2 (LUG-2) district, in the Limited Use General (LUG-1) district, as shown on a map entitled “2016 Annual Town Meeting Warrant Article 49 Zoning Map Change: LUG-2 to LUG-1; 8 Masaquet Avenue” dated August 6, 2015. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 50 (Zoning Map Change: LUG-2 to LUG-1 Surfside South – Boulevarde, Okorwaw Avenue and Lover’s Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties identified in the Surfside Area Plan as a portion of “Surfside South”, currently located in the Limited Use General 2 (LUG-2) district, in the Limited Use General (LUG-1) district: Map Lot Number Street 79 3 40 Lover’s Lane 79 28 1 Okorwaw Avenue 79 31 44 Lover’s Lane 79 80 54 Lover’s Lane 79 81 52 Lover’s Lane 79 82 50 Lover’s Lane 79 83 48 Lover’s Lane 79 84 46 Lover’s Lane 79 131 (a portion of) 4 Okorwaw Avenue 80 214 44 Boulevarde 80 215 61 Lover’s Lane Or to take any other action related thereto. Or, to take any other action related thereto. Page 93 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (Leslie Kennie, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties identified in the Surfside Area Plan as a portion of “Surfside South”, currently located in the Limited Use General 2 (LUG-2) district, in the Limited Use General (LUG-1) district: Map Lot Number Street 79 3 40 Lover’s Lane 79 28 1 Okorwaw Avenue 79 31 44 Lover’s Lane 79 80 54 Lover’s Lane 79 81 52 Lover’s Lane 79 82 50 Lover’s Lane 79 83 48 Lover’s Lane 79 84 46 Lover’s Lane 79 131 (a portion of) 4 Okorwaw Avenue 80 214 44 Boulevarde 80 215.1 61 Lover’s Lane All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 50 Zoning Map Change: LUG-2 to LUG-1 – Lover’s Lane, Okorwaw Avenue, and Boulevard” dated March, 2016. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 51 (Zoning Bylaw Amendment: Tertiary Dwelling) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 2, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): TERTIARY DWELLING (1) No more than 120 building permits for a tertiary dwelling shall be granted in any calendar year. (1) The tertiary dwelling shall be in the same ownership as at least one other owner- occupied dwelling unit on the lot, or shall be owned by a not-for-profit, religious, or educational entity, or shall be subject to a restriction limiting occupancy to a year- round household. Page 94 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (2) A third dwelling unit located on a lot. The tertiary dwelling shall be in the same ownership as at least one other owner-occupied dwelling unit on the lot, and includesing the following options: (a) A garage apartment not exceeding 550 650 square feet of gross floor area. (b) A dwelling unit attached to or within a single-family dwelling, duplex, or an outbuilding or a dwelling unit attached to a studio or shed. The ground cover of the existing building shall not increase more than 550 650 square feet and the dwelling unit shall not contain more than 550 650 square feet of gross floor area. (c) A detached building containing not more than 550 650 square feet of ground cover and not more than 550 650 square feet of gross floor area. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 2, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): TERTIARY DWELLING (1) No more than 120 building permits for a tertiary dwelling shall be granted in any calendar year. (1) The tertiary dwelling shall be in the same ownership as at least one other owner- occupied dwelling unit on the lot, or shall be owned by a not-for-profit, religious, or educational entity, or shall be subject to a restriction limiting occupancy to a year- round household. (2) A third dwelling unit located on a lot. The tertiary dwelling shall be in the same ownership as at least one other owner-occupied dwelling unit on the lot, and includesing the following options: (a) A garage apartment not exceeding 550 650 square feet of gross floor area. (b) A dwelling unit attached to or within a single-family dwelling, duplex, or an outbuilding or a dwelling unit attached to a studio or shed. The ground cover of the existing building shall not increase more than 550 650 square feet and the dwelling unit shall not contain more than 550 650 square feet of gross floor area. (c) A detached building containing not more than 550 650 square feet of ground cover and not more than 550 650 square feet of gross floor area. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Page 95 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Quantum of vote required for passage of this motion is 2/3 ARTICLE 52 (Zoning Bylaw Amendment: ‘Tiny House Unit’ District) To see if the Town will vote to: In order to relieve some of the pressure for affordable, available housing for year-round residents and seasonal workers, a new Zoning District shall be established. 1. To amend section 2, definitions, as follows: TINY HOUSE UNIT OWNER OCCUPIED The primary residence of a person(s) or the individual beneficiaries of a legal entity that holds title, common title or land lease to the property, where such persons are year-round residents, listed in the Town Clerk’s Street List, physically present and living within dwelling units on said property or any direct relative of that individual. Properties owned by corporations and the like, time sharing interval dwelling units, or where all units are made available for rent do not qualify as tiny house owner occupied. TINY HOUSE UNIT A detached structure of less than 500 square feet containing a single tiny house unit owner occupied dwelling unit, constructed on a moveable trailer, or a slab foundation. A tiny house may be accessory to an existing dwelling(s) on a lot at a density of one unit for each lot area. No commercial or other non-residential uses shall be permitted on a lot containing a tiny house. The Planning Board shall be the special permit granting authority. 2. To amend section 7A, use chart, by inserting in the “Use” column between “accessory apartment” and “garage apartment” a new use “Tiny House” to be allowed by Special Permit (SP) or as an Accessory Use (A) in all zoning districts. 3. To amend section 7B, prohibited uses in all districts, as follows: (2) Use of a trailer or a building-like container for residential purposes or as a principal or accessory building or structure except such structures designated as “Tiny House Units” or as necessary for storage of chemicals and/or equipment by the Nantucket Fire Department. 4. To amend section 18B, table of parking requirements” by inserting a new column “Tiny House” with a parking requirement of 1 space in all districts. Or to take any other action related thereto, (Isaiah J. Stover, et al) PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: Following a lengthy discussion about the provisions contained within this article, the Board determined that significant changes to the language would be required for legal purposes, and in addition the existing “tertiary dwelling” allowance Page 96 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions mostly addresses the intent of this article, with the exception of the moveable trailer concept. The Board also determined that state building and health code regulations make the moveable trailer concept problematic and impractical. If moving this type of dwelling unit is an important consideration, it can be accomplished by using standard local building relocation practices. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 53 (Zoning Bylaw Amendment: ‘Tiny House Village’ District) To see if the Town will vote to: In order to relieve some of the pressure for affordable, available housing for year-round residents and seasonal workers, a new Zoning District shall be established. 1. To amend section 2, definitions, as follows: TINY HOUSE UNIT OWNER OCCUPIED The primary residence of a person(s) or the individual beneficiaries of a legal entity that holds title, common title or land lease to the property, where such persons are year-round residents, listed in the Town Clerk’s Street List, physically present and living within dwelling units on said property or any direct relative of that individual. Properties owned by corporations and the like, time sharing interval dwelling units, or where all units are made available for rent do not qualify as tiny house owner occupied. TINY HOUSE VILLAGE A detached structure of less than 500 square feet containing a single tiny house unit owner occupied dwelling unit, constructed on a moveable trailer, or a slab foundation. A tiny house may be accessory to an existing dwelling(s) on a lot, or constructed on a lot with multiple tiny house dwellings at a density of one unit for each 2,500 square feet of lot area. No commercial or other non-residential uses shall be permitted on a lot containing a tiny house. The Planning Board shall be the special permit granting authority. 2. To amend section 7A, use chart, by inserting in the “Use” column between “accessory apartment” and “garage apartment” a new use “Tiny House” to be allowed by Special Permit (SP) or as an Accessory Use (A) in all zoning districts. 3. To amend section 7B, prohibited uses in all districts, as follows: (2) Use of a trailer or a building-like container for residential purposes or as a principal or accessory building or structure except such structures designated as “Tiny House Units” or as necessary for storage of chemicals and/or equipment by the Nantucket Fire Department. 4. To amend section 18B, table of parking requirements” by inserting a new column “Tiny Page 97 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions House” with a parking requirement of 1 space in all districts. Or to take any other action related thereto, (Isaiah J. Stover, et al) PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: This article is a companion to Article 52 and without the establishment of a “tiny house unit” a “tiny house village” is not supportable. Further, other sections of the Bylaw allow similar development of this type in appropriately zoned areas. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 54 (Zoning Bylaw Amendment: Secondary Lots) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend section 2, as follows: ORIGINAL LOT An existing lot, conforming to the dimensional requirements of § 139-8D, and other applicable requirements hereof, dividable into a primary lot and a secondary lot two lots pursuant to § 139-8DC. PRIMARY LOT The larger of the lots created by the division of the original lot pursuant to § 139-8D. SECONDARY LOTS The smaller of the lLots created by the division of the original lot into two lots pursuant to § 139-8DC. The secondary One of the two lots shall be subject to an NHNC-Ownership Form. 2. To amend section 8C, as follows: C. Special permit to create secondary residential lots for year-round residents. (1) Purpose: to create, make available and maintain housing that is affordable to those who earn at or below 150% of the Nantucket County median household income; to help those people or households to continue to reside on Nantucket if they wish to do so; to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity and unique sense of community. Page 98 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (2) Secondary lots may be permitted in the following zoning districts: ROH, R-5, R-10, R-20, R- 40, VR, LUG-1, LUG-2, and LUG-3. (23) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board acting as the special permit granting authority, in its discretion, pursuant to and subject to this § 139-8C, may issue a special permit, with conditions, authorizing the division of the original a lot into two a primary lot and a secondary lots, which special permit may include approval and endorsement of a plan not requiring approval under the Subdivision Control Law as such plan is defined and described in MGL c. 41, § 81P, provided the following requirements and/or conditions shall apply to all applications for relief hereunder and all special permits granted hereunder, as the case may be: (a) The original lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any other instrument, pertaining to the placement, use or occupancy of second dwellings on said prohibition of more than one dwelling unit on the original lot. (b) The secondary lot One of the two lots shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of the secondary that lot, and any occupant of any dwelling erected thereon, shall earn at or below 150% of the Nantucket County median household income. (c) No more than one dwelling shall be permitted on the primary lot A tertiary dwelling may be permitted on one of the two lots. (d) No more than one dwelling shall be permitted on the secondary lot. (e) Except for pre-existing nonconforming lots, in which case the Planning Board may issue a special permit defining the lot areas, the lot area for the smaller of the two lots shall be at least 40% of the minimum lot size for the district in which the lot is located, except in the LUG-2 and LUG-3 districts, where the secondary lot may be reduced to 20,000 square feet. the minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-40 40,000 15,000 25,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 VR 20,000 8,000 12,000 ROH/SOH 5,000 2,000 3,000 R-5 5,000 2,000 3,000 Page 99 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (f) The primary lot and the secondary lots shall comply with the ground cover ratio, front setback, and side setback and rear setback requirements of the underlying zoning district, including any provisions of this chapter for pre-existing nonconforming lots, except as follows: with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. The Planning Board may waive the setback requirements only as they apply to the lot line(s) between the primary and secondary lot. i. The Planning Board may waive by the issuance of a special permit the setback requirements only as they apply to the lot line(s) between the secondary lots; ii. The Planning Board may waive by the issuance of a special permit the ground cover ratio requirement for the secondary lots, provided that the total ground cover ratio does not exceed the amount that would have been allowed for the original lot; (g) The primary lot and the secondary lots each must have a minimum of 20 feet of frontage or an easement of sufficient width and grade to provide access. (h) The primary lot and the secondary lots shall share a single driveway access. The Planning Board must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. The Planning Board may grant a special permit to waive the requirement for shared driveway access based upon a finding that separate driveway access would not have a significant and adverse effect on the scenic or historic integrity of the neighborhood and is not contrary to sound traffic or safety considerations. (34) This § 139-8C shall not apply to major commercial developments (§ 139-11); flex development and open space residential development options (§ 139-8A); and are not permitted in the following zoning districts: Commercial Downtown (CDT); Moorlands Management (MMD). (45) The Planning Board may grant a special permit for the division of a duplex into two attached single-family dwellings, provided that one of the dwellings is subject to a NHNC- Ownership Form covenant. Subsection D(2)(e) and (f) above shall not apply and the Planning Board shall establish minimum lot size, ground cover ratio, and setbacks during the special permit review. Ground cover ratios for the primary and secondary lot combined shall not exceed the maximum allowed in the underlying zoning district. (56) Section 139-16D, Regularity formula, shall not apply to this § 139-8C. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): Page 100 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 1. To amend section 2, as follows: ORIGINAL LOT An existing lot, conforming to the dimensional requirements of § 139-8D, and other applicable requirements hereof, dividable into a primary lot and a secondary lot two lots pursuant to § 139-8DC. PRIMARY LOT The larger of the lots created by the division of the original lot pursuant to § 139-8D. SECONDARY LOTS The smaller of the lLots created by the division of the original lot into two lots pursuant to § 139-8DC. The secondary One of the two lots shall be subject to an NHNC-Ownership Form. 2. To amend section 8C, as follows: C. Special permit to create secondary residential lots for year-round residents. (1) Purpose: to create, make available and maintain housing that is affordable to those who earn at or below 150% of the Nantucket County median household income; to help those people or households to continue to reside on Nantucket if they wish to do so; to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity and unique sense of community. (2) Secondary lots may be permitted in the following zoning districts: ROH, R-5, R-10, R-20, R- 40, VR, LUG-1, LUG-2, and LUG-3. (23) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board acting as the special permit granting authority, in its discretion, pursuant to and subject to this § 139-8C, may issue a special permit, with conditions, authorizing the division of the original a lot into two a primary lot and a secondary lots, which special permit may include approval and endorsement of a plan not requiring approval under the Subdivision Control Law as such plan is defined and described in MGL c. 41, § 81P, provided the following requirements and/or conditions shall apply to all applications for relief hereunder and all special permits granted hereunder, as the case may be: (a) The original lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any other instrument, pertaining to the placement, use or occupancy of second dwellings on said prohibition of more than one dwelling unit on the original lot. (b) The secondary lot One of the two lots shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of the secondary that lot, and any occupant of any dwelling erected thereon, shall earn at or below 150% of the Nantucket County median household income. Page 101 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (c) No more than one dwelling shall be permitted on the primary lot A tertiary dwelling may be permitted on one of the two lots. (d) No more than one dwelling shall be permitted on the secondary lot. (e) Except for pre-existing nonconforming lots, in which case the Planning Board may issue a special permit defining the lot areas, the lot area for the smaller of the two lots shall be at least 40% of the minimum lot size for the district in which the lot is located, except in the LUG-2 and LUG-3 districts, where the secondary lot may be reduced to 20,000 square feet. the minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-40 40,000 15,000 25,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 VR 20,000 8,000 12,000 ROH/SOH 5,000 2,000 3,000 R-5 5,000 2,000 3,000 (f) The primary lot and the secondary lots shall comply with the ground cover ratio, front setback, and side setback and rear setback requirements of the underlying zoning district, including any provisions of this chapter for pre-existing nonconforming lots, except as follows: with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. The Planning Board may waive the setback requirements only as they apply to the lot line(s) between the primary and secondary lot. iii. The Planning Board may waive by the issuance of a special permit the setback requirements only as they apply to the lot line(s) between the secondary lots; iv. The Planning Board may waive by the issuance of a special permit the ground cover ratio requirement for the secondary lots, provided that the total ground cover ratio does not exceed the amount that would have been allowed for the original lot; (g) The primary lot and the secondary lots each must have a minimum of 20 feet of frontage or an easement of sufficient width and grade to provide access. (h) The primary lot and the secondary lots shall share a single driveway access. The Planning Board must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. The Planning Board may grant a special permit to waive the requirement for shared driveway access based upon a finding that separate driveway access would not have a significant and adverse effect on the scenic or Page 102 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions historic integrity of the neighborhood and is not contrary to sound traffic or safety considerations. (34) This § 139-8C shall not apply to major commercial developments (§ 139-11); flex development and open space residential development options (§ 139-8A); and are not permitted in the following zoning districts: Commercial Downtown (CDT); Moorlands Management (MMD). (45) The Planning Board may grant a special permit for the division of a duplex into two attached single-family dwellings, provided that one of the dwellings is subject to a NHNC- Ownership Form covenant. Subsection D(2)(e) and (f) above shall not apply and the Planning Board shall establish minimum lot size, ground cover ratio, and setbacks during the special permit review. Ground cover ratios for the primary and secondary lot combined shall not exceed the maximum allowed in the underlying zoning district. (56) Section 139-16D, Regularity formula, shall not apply to this § 139-8C. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 55 (Zoning Bylaw Amendment: Secondary Lots – Qualified Family Member) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend Section 2, Definitions, as follows: SECONDARY LOT The smaller of the lots created by the division of the original lot pursuant to § 139-8D. The secondary lot shall be subject to an NHNC-Ownership Form. or owner occupied by Qualified Family Member. 2. To amend Section 8B(2), Nantucket Housing Needs Program, by inserting a new definition in alphabetical order: QUALIFIED FAMILY MEMBER The legal father, mother, grandfather, grandmother, son, daughter, or sibling of the owner of the lot at the time the lot was subdivided into primary and secondary lots. 3. To amend Section 8C(2)b), Secondary Residential Lots, as follows: Page 103 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (b) The secondary lot shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of the secondary lot, and any occupant of any dwelling erected thereon, shall earn at or below 150% of the Nantucket County median household income. Secondary lots sold to Qualified Family Members shall not be subject to an NHNC-Ownership Form. Upon resale, transfer, or gift of the secondary lot to a non Qualified Family Member the lot shall be subject to an NHNC-Ownership Form and the requirements set forth therein. Or, to take any other action related thereto. (David Fredericks, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend Section 2, Definitions, as follows: SECONDARY LOT Lots created by the division of the original lot into two lots pursuant to § 139-8C. One of the two lots shall be subject to an NHNC-Ownership Form, or shall be owner occupied by a qualified family member, in which case the lot shall be subject to the NHNC- Ownership Form, except for the established income and asset limits. 2. To amend Section 8B(2), Nantucket Housing Needs Program, by inserting a new definition in alphabetical order: QUALIFIED FAMILY MEMBER The of the owner of the lot at the time the lot was subdivided into primary and secondary lots and the owner’s spouse, and their parents, grandparents, children, brothers and sisters, or as otherwise defined within the Nantucket Housing Needs Program regulations or guidelines. 3. To amend Section 8C(2)b), Secondary Residential Lots, as follows: (b) The secondary lot shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of the secondary lot, and any occupant of any dwelling erected thereon, shall earn at or below 150% of the Nantucket County median household income. Secondary lots sold to qualified family members shall not be subject to the income and asset limits for eligible households. Upon resale, transfer, or gift of the secondary lot to a non qualified family member the lot shall be subject to an NHNC- Ownership Form, and all requirements set forth therein, including income and asset limits for eligible households. Page 104 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD COMMENT: If this article is approved, additional action by Town Meeting will be required to amend Chapter 100 of the Code of the Town of Nantucket and to amend the home rule petition that created the covenant program before the amendments within this article can be utilized. The Board felt that it was important to advance this article at this Town Meeting to confirm that the qualified family member concept is supported by the voters. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 56 (Zoning Bylaw Amendment: Secondary Lots – Qualified Family Member) To see if the Town will vote to change the Town of Nantucket Zoning By-law by adding the attached language in red 139-2 Definitions SECONDARY LOT The smaller of the lots created by the division of the original lot pursuant to § 139-8D. The secondary lot shall be subject to an NHNC-Ownership Form or owner occupied by a Qualified Family Member. [Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] 139-8B B. Nantucket Housing Needs Program. (1) Purpose. To create, make available and maintain housing that is affordable to people who earn less than 150% of the Nantucket County median household income; to maintain Nantucket's diversity and unique sense of community; to encourage moderate-income families to continue to reside on Nantucket; and to generate a supply of housing that will remain affordable. (2) Definitions. The following definitions only apply to this § 139-8C: HOUSING AUTHORITY The Nantucket Housing Authority (NHA) or its designee. MAXIMUM RENTAL PRICE Shall be no more than the fair market rent established for Nantucket County as published by the U.S. Department of Housing and Urban Development in Federal Register, Vol. 65 No. 185 (September 25, 2000) and as may hereafter be amended from time to time. MAXIMUM RESALE PRICE The greater of the maximum sales price or price the current Nantucket Housing Needs Covenant unit owner paid for the Nantucket Housing Needs Covenant unit. Page 105 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions MAXIMUM SALES PRICE Shall be calculated by assuming a ten-percent down payment and an annual debt service (at prevailing thirty-year fixed interest rates) that is equal to 30% of the gross annual income of a household earning up to 125% of median income. MEDIAN INCOME Median family income for Nantucket County as published from time to time by the U.S. Department of Housing and Urban Development. NANTUCKET HOUSING NEEDS COVENANT A covenant placed on housing, which property owners choose to execute and which shall be enforceable by the NHA, to be recorded in the Registry of Deeds or the Land Court Registry District. PRINCIPAL RESIDENCE The locality where a person resides with the present intent to make it the person's fixed and permanent home. The person's physical presence alone will not establish a principal residence. In ascertaining one's intent, the Housing Authority shall consider, among other things, the person's employment status, voter registration, driver's license, motor vehicle registration, real property ownership, income tax returns, or the filing with the Housing Authority of a written declaration to establish or maintain a principal residence. QUALIFIED FAMILY MEMBER The legal child, grandchild, father, mother, brother or sister, of the owner of the lot at the time the lot was subdivided into primary and secondary lots. QUALIFIED PURCHASER HOUSEHOLD A household whose gross annual income is less than 150% of median income. QUALIFIED RENTER HOUSEHOLD A household whose gross annual income is not more than 100% of median income. (3) General requirements. (a) Housing subject to the Nantucket Housing Needs Covenant shall be: [1] Occupied by a qualified renter or qualified purchaser household [2] The principal residence of the qualified renter or qualified purchaser household [3] Enforceable for the greater of 99 years or the maximum time period allowable by law. [4] The price of the unit shall not exceed the maximum sales price, or, in the case of resale, the maximum resale price. [5] The unit rent shall not exceed the maximum rental price. [6] The owner of a unit being rented shall provide the Housing Authority with an annual certification of compliance with the terms of the covenant. (4) Monitoring and administration. (a) The Housing Authority shall monitor and administer the Nantucket Housing Needs Program and may promulgate rules and regulations to implement it. Prior to promulgating such rules and regulations and prior to completing a model Nantucket Housing Needs Covenant, the Housing Authority shall hold a public hearing or hearings to solicit advice from the public. The Housing Authority shall publish notice of these hearings prominently in a newspaper of general circulation on Nantucket for two successive weeks. (b) All legal documentation shall be submitted to the Housing Authority for review and approval. Page 106 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions C. Special permit to create secondary residential lots for year-round residents. (1) Purpose: to create, make available and maintain housing that is affordable to those who earn at or below 150% of the Nantucket County median household income; to help those people or households to continue to reside on Nantucket if they wish to do so; to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity and unique sense of community. (2) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board as special permit granting authority, in its discretion, pursuant to and subject to this § 139-8C, may issue a special permit, with conditions, authorizing the division of the original lot into a primary lot and a secondary lot, which special permit may include approval and endorsement of a plan not requiring approval under the Subdivision Control Law as such plan is defined and described in MGL c. 41, § 81P, provided the following requirements and/or conditions shall apply to all applications for relief hereunder and all special permits granted hereunder, as the case may be: [Amended 4-5-2014 ATM by Art. 63, AG approval 5-7-2014] (a) The original lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any other instrument, pertaining to the placement, use or occupancy of second dwellings on said original lot. (b) The secondary lot shall be subject to an NHNC-Ownership Form, which shall provide, without limitation, that the owner of the secondary lot, and any occupant of any dwelling erected thereon, shall earn at or below 150% of the Nantucket County median household income. Secondary lots sold to Qualified Family Members shall not be subject to an NHNC- Ownership Form. Upon resale, transfer, or gift of the secondary lot to a non Qualified Family member the lot shall then be subject to an NHNC-Ownership form and the requirements set forth herein. (c) No more than one dwelling shall be permitted on the primary lot. (d) No more than one dwelling shall be permitted on the secondary lot. (e) Except for pre-existing nonconforming lots, in which case the Planning Board may issue a special permit defining the lot areas, the minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-40 40,000 15,000 25,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 VR 20,000 8,000 12,000 ROH/SOH 5,000 2,000 3,000 R-5 5,000 2,000 3,000 (f) The primary lot and the secondary lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning district, including any Page 107 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions provisions of this chapter for pre-existing nonconforming lots, with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. The Planning Board may waive the setback requirements only as they apply to the lot line(s) between the primary and secondary lot. (g) The primary lot and the secondary lot each must have a minimum of 20 feet of frontage or an easement of sufficient width and grade to provide access. (h) The primary lot and the secondary lot shall share a single driveway access. The Planning Board must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. The Planning Board may grant a special permit to waive the requirement for shared driveway access based upon a finding that separate driveway access would not have a significant and adverse effect on the scenic or historic integrity of the neighborhood and is not contrary to sound traffic or safety considerations. (3) This § 139-8C shall not apply to major commercial developments (§ 139-11); flex development and open space residential development options (§ 139-8A); and are not permitted in the following zoning districts: Commercial Downtown (CDT); Moorlands Management (MMD). [Amended 4-5-2014 ATM by Art. 63, AG approval 5-7-2014] (4) The Planning Board may grant a special permit for the division of a duplex into two attached single-family dwellings, provided that one of the dwellings is subject to a NHNC covenant. Subsection D(2)(e) and (f) above shall not apply and the Planning Board shall establish minimum lot size, ground cover ratio, and setbacks during the special permit review. Ground cover ratios for the primary and secondary lot combined shall not exceed the maximum allowed in the underlying zoning district. (5) Section 139-16D, Regularity formula, shall not apply to this § 139-8C. [Amended 4-5-2014 ATM by Art. 63, AG approval 5-7-2014] (Cormac Collier, et al) PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: This article duplicates Article 55, which received a positive motion. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 57 (Zoning Bylaw Amendment: Major Commercial Development) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 11, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): A.The Planning Board shall be the special permit granting authority for any “major commercial development” (or “MCD”). Every commercial use which constitutes a major commercial Page 108 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions development, as defined in Subsection B below, shall require the grant of a special permit and major site plan review by the Planning Board under this § 139-11: (1) Notwithstanding the fact that such use or uses may be listed elsewhere in this chapter as a permitted use or a use by exception requiring a special permit; and (2) Whether or not it is located in a commercial zoning district (RC, RC-2, CDT or LC); for example, if it is a preexisting nonconforming commercial use in a residential district and, pursuant to §§ 139-33A and 139-11C below, has or will become a major commercial development. B. A "major commercial development" (or "MCD") shall be defined as a single commercial structure or use, or a group of commercial structures or uses, which is proposed to be constructed on a single lot or tract of land or on contiguous tracts of land and held in common ownership or control, meeting, in the aggregate, any one or more of the following criteria: (1) Five thousand square feet of commercial use, including, but not limited to the total of the following: (a) Gross floor area of interior commercial use, including roofed-over storage areas; (b) Outdoor commercial use, including but not limited to sand, gravel or topsoil borrow operations and asphalt plants; land used commercially for recreation; and land used for the exterior storage or display of merchandise, equipment or material. (2) Four thousand square feet or more of gross floor area of commercial use, including roofed- over storage areas. (3) A commercial use requiring Ttwenty or more off-street parking spaces as required by pursuant to § 139-18, whether or not provided. A motor vehicle parking lot as defined in § 139- 2 which contains twenty or more parking spaces shall not be considered an MCD. (4) Auditorium, theater or place of public assembly use with a rated legal occupancy of 100 or more persons. (5) Restaurant, club and/or bar use which, taken together, have a with a combined rated legal occupancy of 100 or more. (6) Developments which generate an estimated 10,000 gallons per day of wastewater. (7) Marinas, wharfs and piers containing 250 lineal feet or more of tie-up space for vessels. (8) Transient residential facilities with 10 or more guest rooms or units. C. Preexisting and nonconforming uses under this § 139-11 shall be subject to the requirement of a special permit hereunder this subsection only on and after the point in time when any extended or altered portion of the commercial use(s), added together starting from the effective date (April 4, 1979, as or subsequently for amendmentsed) of the applicable provisions of this § 139-11, meets or exceeds the criteria of Subsection B above, which defines a major commercial development MCD. Page 109 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions D. The Planning Board shall be the sole special permit granting authority for major commercial developments. (1) In instances where all or a portion of a major commercial development, in addition to requiring a special permit as a major commercial development, also requires a special permit pursuant to any provisions of this chapter other than this § 139-11, the Planning Board shall serve as the special permit granting authority for such relief, which relief may be a matter for consideration concurrent with its review of the major commercial development application. (2) Any relief associated with a major commercial development requiring a variance shall remain solely within the power of the Board of Appeals. (3) An application to the Planning Board for a special permit for a major development shall be in accordance with submission requirements adopted by the Planning Board, as amended. The Planning Board shall adopt design guidelines for major commercial developments, a copy of which shall be filed with the office of the Town Clerk. (4) The Planning Board shall require that plans for major commercial developments be consistent with its design guidelines adopted pursuant to Subsection D(3) above; provided, however, waivers from strict compliance with the design guidelines may be granted when a finding is made by the Planning Board that it is in the public interest to do so. (5) Prior to submitting an application for a major commercial development and prior to incurring significant design expenses, the applicant is strongly urged to meet with the Planning Board's professional staff at a preapplication conference and site visit to discuss the Planning Board's procedural requirements, to review the Board's design guidelines with respect to the proposed project, and to identify any issues of concern at the staff level prior to formal review by the Board in the public hearing process. (6) Depending on the size and complexity of the project, the preapplication conference may also be attended by other staff-level personnel representing other Town boards in order to coordinate and expedite the review and approval process. E. Land owned by the Town of Nantucket (including any of its agencies) shall not be exempt from major commercial development requirements for commercial uses or structures which are operated, maintained or managed by others under leases or other right-to-use agreements with the Town. FD. Conditions. The Planning Board shall have the right, in granting special permits for major commercial developments, to impose conditions, safeguards and limitations, including, but not limited to the following requirements: (1) Require the implementation of a A landscaping and planting plan, including indicating the location, species, and size of trees and shrubs by species and the location and type of fencing. (2) Require structures, access streets and interior ways open to the public, parking and loading facilities, outdoor recreational facilities, and utilities to be laid out in a manner which is safe, consistent with sound planning practice and which preserves the integrity of adjacent uses and neighborhoods, including the requirement that open areas be placed as suitable buffers to conflicting adjacent uses and structures. Page 110 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (32) Control An exterior lighting plan indicating the size and type of any proposed fixtures exterior lighting of grounds, parking areas and buildings. (43) Require tThe installation of underground utilities. (5) Require public sewer and water facilities, if necessary, and require appropriate storm drainage facilities. (6) The preservation of certain natural features, including but not limited to ponds, wetlands, dunes and beaches. (7) Specify the type of surfacing and curbing for accessways, driveways, parking areas, sidewalks and bicycle paths. (84) A plan indicating Specify the type, size and location of all exterior signs. (5) The days and hours of operation may be limited based on the type of business, the character of the surrounding areas, and the potential impacts to adjacent properties or the surrounding neighborhood. GE. Open area for major commercial developments. (1) Except for lots located within the CDT district, A lot or tract of land containing a commercial building, structure or use shall have a minimum of 320% of the lot(s) land as open area shall be landscaped and free from impervious surfaces maintained as open land. (2) Impervious surfaces here include, but are not limited to, paved and gravelled areas, walkways and sidewalks, patios, decking, game courts, pools, buildings and other structures, and areas designated for parking or loading; provided however, that iIn computing the percentage of open area land, brick stone sidewalks and patios may be counted as open area included up to a maximum of 10% of the lot(s) or site. (32) The Planning Board may grant a special permit to waive a reduction of the above stated requirement in § 139-11G(1)the requirement for open land, provided that it makes the express finding the Board finds that the applicant has provided sufficient and appropriate landscaping will be provided; and further provided that it makes the finding that the benefits to the community and the neighborhood from the reduction of open land area requirements, as conditioned by the decision granting the special permit, will outweigh the benefits that would be derived from the provision of the open area land requirements as would otherwise be required. The special permit granting authority shall may impose appropriate conditions for the granting of such a special permit, including, but not limited to, the substitution for of off-site landscaping elements, the a financial or other type of contribution of the applicant toward the creation of common public space(s), and requirements for the permanent maintenance of landscaping features within the site by the applicant and its successors. HF. Any expansion or reconstruction of, or any changes to, a major commercial development for which a special permit has been granted shall require its modification or issuance of a new special permit by the Planning Board subject to the procedural and substantive requirements of Page 111 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions §§ 139-11 and 139-30. However, the Planning Board may, by majority vote, waive the requirements for such modified or new special permit when it finds that the expansion, reconstruction or change proposed does not materially affect the findings and conclusions upon which the Planning Board's previous decision to approve the development was based. IG. Setbacks. The Planning Board may specify, as part of its decision to grant a special permit under this § 139-11, that a reduction of up to 100% in tThe side and rear lot line yard setback requirement be permitted reduced to 0 feet, provided that the Planning Board finds that such a reduction will preserve the integrity of adjacent uses and the neighborhood, and will promote the purposes and intent of this chapter. JH. In order to further the availability of housing for persons and households of all income levels, to encourage the most appropriate use of land throughout the Town of Nantucket, to preserve and increase the amenities in the Town of Nantucket, to avoid undue concentration of population, and mitigate the impacts of major commercial developments on the supply and cost of housing in a Town with unique and special qualities, the Planning Board may, as a condition of granting a permit for a major commercial development (MCD), require applicants to provide inclusionary housing in accordance with the following standards: (1) The Planning Board may require the provision of up to oOne inclusionary unit for each 4,000 feet of gross floor area of interior commercial use or one inclusionary unit per major commercial development, whichever is greater. (2) The inclusionary unit(s) shall may be located on the MCD site unless the Planning Board determines that the public benefits to be gained by providing the inclusionary units or at an off- site outweigh those to be gained from providing them on-site location. Inclusionary units located off-site must comply in all respects with the zoning in effect for the off-site area. (3) The Planning Board may require or allow employer dormitories to be substituted for all or part of the inclusionary unit requirement set forth in § 139-11J(1) above, provided that a finding is made by the Planning Board that the public benefits to be gained by the substitution outweigh possible detriments and that such substitution occurs at a rate not to exceed one inclusionary unit for each six persons of rated occupancy of employer dormitory use. (4) In lieu of providing inclusionary units or employer dormitories as outlined in Subsection J(1) to (3), above, an applicant may provide a monetary contribution of equivalent value to the Town of Nantucket, to be placed in a fund for the development of affordable housing administered by the Nantucket Housing Authority Affordable Housing Trust Fund or such other housing fund as may be designated by the Planning Board. The amount of such contribution shall be agreed upon between the Planning Board and the applicant, and shall be equivalent to the average sale price of nonexempt residential property with 5,000 to 10,000 square foot lot sizes in the R-5 RC-2 Ddistrict as recorded by the Nantucket Islands Land Bank during the one-year period prior to approval of the special permit. This payment may be used only for the planning, development and administration and maintenance of affordable housing outside the limits of the major commercial development. (5) Where the inclusionary units are provided on the MCD site, the Planning Board may allow a bonus permitting the approval of multiple inclusionary units to be located on one lot, provided Page 112 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions that the total number of inclusionary units located on the lot does not exceed the total number of units otherwise allowed by zoning on the lot and the units comply with the Planning Board's MCD guidelines, as amended from time to time. (65) Where the inclusionary units are provided on the MCD site, the Planning Board may allow a bonus permitting an increase in the number of units that may be permitted within a single structure or upon a single lot beyond that which is permitted in the zoning district where in which the units are located, provided that no more than eight units may be permitted within any one structure and the units comply with the Planning Board's MCD design guidelines, as amended from time to time. (76) Inclusionary units shall be subject to a deed restriction, enforceable by the Planning Board or its designee, to be in effect during the thirty-year period which commences from the date of the initial sale or the date of the first issuance of the certificate of occupancy for the building in which the unit(s) is located., whichever is earlier, which shall include a resale restriction requiring that any increase in the selling price of the inclusionary unit not exceed the initial sale price of the unit plus the cost of capital improvements, each adjusted to reflect changes in the CPI, but in no event shall the resale price exceed the owner's purchase price plus 5% per annum compounded annually; shall include an option to purchase the inclusionary units created pursuant to this section; and may include a right of first refusal. (8) The inclusionary units shall be subject to use restrictions limiting occupancy of said units to eligible households. The Planning Board or its designee shall establish regulations governing eligible households and inclusionary units as defined in this chapter, including tenant and buyer eligibility and selection, occupancy limitations, lease agreements and such other occupancy requirements as may be permitted by law. (9) The requirements contained in this section, and the rules and regulations and design guidelines promulgated pursuant thereto, shall be subject to review by the Planning Board every five years from the effective date of this section. Such review shall take into account the supply of inclusionary housing, the rental vacancy rate, and the overall condition and strength of the housing market. (107) No building permit shall be issued for an MCD unless the Planning Board has certified that the applicant has provided legal assurances that the obligations under this section will be satisfied. No certificate of occupancy will be issued for any building within an MCD unless the required inclusionary unit(s) are is also eligible for such certificate, or unless the Planning Board has approved its issuance. a schedule linking a portion of the required inclusionary units to specified portions of the overall MCD, allowing phases of the MCD to become eligible for certificates of occupancy as the inclusionary units become eligible for such certificates. KI. Cap on retail MCDs. (1) Except in the following approved area plan location: Mid-Island Planned Overlay District (MIPOD), a special permit shall not be granted for: Page 113 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (a) A new major commercial development which is devoted primarily to retail use and which has 20,000 square feet or more of gross floor area of commercial use, including roofed- over storage areas. (b) Expansion of an existing commercial development whenever the expanded portion of the development, added together starting from the effective date of this § 139-11K, is devoted primarily to retail use and has 10,000 square feet or more of gross floor area of commercial use, including roofed-over storage areas. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 11, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): A.The Planning Board shall be the special permit granting authority for any “major commercial development” (or “MCD”). Every commercial use which constitutes a major commercial development, as defined in Subsection B below, shall require the grant of a special permit and major site plan review by the Planning Board under this § 139-11: (1) Notwithstanding the fact that such use or uses may be listed elsewhere in this chapter as a permitted use or a use by exception requiring a special permit; and (2) Whether or not it is located in a commercial zoning district (RC, RC-2, CDT or LC); for example, if it is a preexisting nonconforming commercial use in a residential district and, pursuant to §§ 139-33A and 139-11C below, has or will become a major commercial development. B. A "major commercial development" (or "MCD") shall be defined as a single commercial structure or use, or a group of commercial structures or uses, which is proposed to be constructed on a single lot or tract of land or on contiguous tracts of land and held in common ownership or control, meeting, in the aggregate, any one or more of the following criteria: (1) Five thousand square feet of commercial use, including, but not limited to the total of the following: (a) Gross floor area of interior commercial use, including roofed-over storage areas; (b) Outdoor commercial use, including but not limited to sand, gravel or topsoil borrow operations and asphalt plants; land used commercially for recreation; and land used for the exterior storage or display of merchandise, equipment or material. (2) Four thousand square feet or more of gross floor area of commercial use, including roofed- over storage areas. Page 114 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (3) A commercial use requiring Ttwenty or more off-street parking spaces as required by pursuant to § 139-18, whether or not provided. A motor vehicle parking lot as defined in § 139- 2 which contains twenty or more parking spaces shall not be considered an MCD. (4) Auditorium, theater or place of public assembly use with a rated legal occupancy of 100 or more persons. (5) Restaurant, club and/or bar use which, taken together, have a with a combined rated legal occupancy of 100 or more. (6) Developments which generate an estimated 10,000 gallons per day of wastewater. (7) Marinas, wharfs and piers containing 250 lineal feet or more of tie-up space for vessels. (8) Transient residential facilities with 10 or more guest rooms or units. C. Preexisting and nonconforming uses under this § 139-11 shall be subject to the requirement of a special permit hereunder this subsection only on and after the point in time when any extended or altered portion of the commercial use(s), added together starting from the effective date (April 4, 1979, as or subsequently for amendmentsed) of the applicable provisions of this § 139-11, meets or exceeds the criteria of Subsection B above, which defines a major commercial development MCD. D. The Planning Board shall be the sole special permit granting authority for major commercial developments. (1) In instances where all or a portion of a major commercial development, in addition to requiring a special permit as a major commercial development, also requires a special permit pursuant to any provisions of this chapter other than this § 139-11, the Planning Board shall serve as the special permit granting authority for such relief, which relief may be a matter for consideration concurrent with its review of the major commercial development application. (2) Any relief associated with a major commercial development requiring a variance shall remain solely within the power of the Board of Appeals. (3) An application to the Planning Board for a special permit for a major development shall be in accordance with submission requirements adopted by the Planning Board, as amended. The Planning Board shall adopt design guidelines for major commercial developments, a copy of which shall be filed with the office of the Town Clerk. (4) The Planning Board shall require that plans for major commercial developments be consistent with its design guidelines adopted pursuant to Subsection D(3) above; provided, however, waivers from strict compliance with the design guidelines may be granted when a finding is made by the Planning Board that it is in the public interest to do so. (5) Prior to submitting an application for a major commercial development and prior to incurring significant design expenses, the applicant is strongly urged to meet with the Planning Board's professional staff at a preapplication conference and site visit to discuss the Planning Board's procedural requirements, to review the Board's design guidelines with respect to the proposed project, and to identify any issues of concern at the staff level prior to formal review by the Page 115 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Board in the public hearing process. (6) Depending on the size and complexity of the project, the preapplication conference may also be attended by other staff-level personnel representing other Town boards in order to coordinate and expedite the review and approval process. E. Land owned by the Town of Nantucket (including any of its agencies) shall not be exempt from major commercial development requirements for commercial uses or structures which are operated, maintained or managed by others under leases or other right-to-use agreements with the Town. FD. Conditions. The Planning Board shall have the right, in granting special permits for major commercial developments, to impose conditions, safeguards and limitations, including, but not limited to the following requirements: (1) Require the implementation of a A landscaping and planting plan, including indicating the location, species, and size of trees and shrubs by species and the location and type of fencing. (2) Require structures, access streets and interior ways open to the public, parking and loading facilities, outdoor recreational facilities, and utilities to be laid out in a manner which is safe, consistent with sound planning practice and which preserves the integrity of adjacent uses and neighborhoods, including the requirement that open areas be placed as suitable buffers to conflicting adjacent uses and structures. (32) Control An exterior lighting plan indicating the size and type of any proposed fixtures exterior lighting of grounds, parking areas and buildings. (43) Require tThe installation of underground utilities. (5) Require public sewer and water facilities, if necessary, and require appropriate storm drainage facilities. (6) The preservation of certain natural features, including but not limited to ponds, wetlands, dunes and beaches. (7) Specify the type of surfacing and curbing for accessways, driveways, parking areas, sidewalks and bicycle paths. (84) A plan indicating Specify the type, size and location of all exterior signs. (5) The days and hours of operation may be limited based on the type of business, the character of the surrounding areas, and the potential impacts to adjacent properties or the surrounding neighborhood. GE. Open area for major commercial developments. (1) Except for lots located within the CDT district, A lot or tract of land containing a commercial building, structure or use shall have a minimum of 320% of the lot(s) land as open area shall be landscaped and free from impervious surfaces maintained as open area. Page 116 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (2) Impervious surfaces here include, but are not limited to, paved and gravelled areas, wWalkways and sidewalks, patios, decking, game courts, pools, buildings and other structures, and areas designated for exterior storage, parking or loading shall not be included in the open area calculation; provided however, that in computing the percentage of open area, brick or stone sidewalks and patios may be counted as open area included up to a maximum of 10% of the lot(s) or site. (3) The Planning Board may grant a special permit to waive a reduction of the above stated requirement in § 139-11G(1)the requirement for open area, provided that it makes the express finding the Board finds that the applicant has provided sufficient and appropriate landscaping will be provided; and further provided that it makes the finding that the benefits to the community and the neighborhood from the reduction of open area requirements, as conditioned by the decision granting the special permit, will outweigh the benefits that would be derived from the provision of the open area requirements as would otherwise be required. The special permit granting authority shall may impose appropriate conditions for the granting of such a special permit, including, but not limited to, the substitution for of off-site landscaping elements, the a financial or other type of contribution of the applicant toward the creation of common public space(s), and requirements for the permanent maintenance of landscaping features within the site by the applicant and its successors. HF. Any expansion or reconstruction of, or any changes to, a major commercial development for which a special permit has been granted shall require its modification or issuance of a new special permit by the Planning Board subject to the procedural and substantive requirements of §§ 139-11 and 139-30. However, the Planning Board may, by majority vote, waive the requirements for such modified or new special permit when it finds that the expansion, reconstruction or change proposed does not materially affect the findings and conclusions upon which the Planning Board's previous decision to approve the development was based. IG. Setbacks. The Planning Board may specify, as part of its decision to grant a special permit under this § 139-11, that a reduction of up to 100% in tThe side and rear lot line yard setback requirement be permitted reduced to 0 feet, provided that the Planning Board finds that such a reduction will preserve the integrity of adjacent uses and the neighborhood, and will promote the purposes and intent of this chapter. JH. In order to further the availability of housing for persons and households of all income levels, to encourage the most appropriate use of land throughout the Town of Nantucket, to preserve and increase the amenities in the Town of Nantucket, to avoid undue concentration of population, and mitigate the impacts of major commercial developments on the supply and cost of housing in a Town with unique and special qualities, the Planning Board may, as a condition of granting a permit for a major commercial development (MCD), require applicants to provide inclusionary housing in accordance with the following standards: (1) The Planning Board may require the provision of up to oOne inclusionary unit for each 4,000 feet of gross floor area of interior commercial use or one inclusionary unit per major commercial development, whichever is greater. (2) The inclusionary unit(s) shall may be located on the MCD site unless the Planning Board determines that the public benefits to be gained by providing the inclusionary units or at an off- Page 117 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions site outweigh those to be gained from providing them on-site location. Inclusionary units located off-site must comply in all respects with the zoning in effect for the off-site area. (3) The Planning Board may require or allow employer dormitories to be substituted for all or part of the inclusionary unit requirement set forth in § 139-11J(1) above, provided that a finding is made by the Planning Board that the public benefits to be gained by the substitution outweigh possible detriments and that such substitution occurs at a rate not to exceed one inclusionary unit for each six persons of rated occupancy of employer dormitory use. (4) In lieu of providing inclusionary units or employer dormitories as outlined in Subsection J(1) to (3), above, an applicant may provide a monetary contribution of equivalent value to the Town of Nantucket, to be placed in a fund for the development of affordable housing administered by the Nantucket Housing Authority Affordable Housing Trust Fund or such other housing fund as may be designated by the Planning Board. The amount of such contribution shall be agreed upon between the Planning Board and the applicant, and shall be equivalent to the average sale price of nonexempt residential property with 5,000 to 10,000 square foot lot sizes in the R-5 RC-2 Ddistrict as recorded by the Nantucket Islands Land Bank during the one-year period prior to approval of the special permit. This payment may be used only for the planning, development and administration and maintenance of affordable housing outside the limits of the major commercial development. (5) Where the inclusionary units are provided on the MCD site, the Planning Board may allow a bonus permitting the approval of multiple inclusionary units to be located on one lot, provided that the total number of inclusionary units located on the lot does not exceed the total number of units otherwise allowed by zoning on the lot and the units comply with the Planning Board's MCD guidelines, as amended from time to time. (65) Where the inclusionary units are provided on the MCD site, the Planning Board may allow a bonus permitting an increase in the number of units that may be permitted within a single structure or upon a single lot beyond that which is permitted in the zoning district where in which the units are located, provided that no more than eight units may be permitted within any one structure and the units comply with the Planning Board's MCD design guidelines, as amended from time to time. (76) Inclusionary units shall be subject to a deed restriction, enforceable by the Planning Board or its designee, to be in effect during the thirty-year period which commences from the date of the initial sale or the date of the first issuance of the certificate of occupancy for the building in which the unit(s) is located., whichever is earlier, which shall include a resale restriction requiring that any increase in the selling price of the inclusionary unit not exceed the initial sale price of the unit plus the cost of capital improvements, each adjusted to reflect changes in the CPI, but in no event shall the resale price exceed the owner's purchase price plus 5% per annum compounded annually; shall include an option to purchase the inclusionary units created pursuant to this section; and may include a right of first refusal. (8) The inclusionary units shall be subject to use restrictions limiting occupancy of said units to eligible households. The Planning Board or its designee shall establish regulations governing eligible households and inclusionary units as defined in this chapter, including tenant and Page 118 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions buyer eligibility and selection, occupancy limitations, lease agreements and such other occupancy requirements as may be permitted by law. (9) The requirements contained in this section, and the rules and regulations and design guidelines promulgated pursuant thereto, shall be subject to review by the Planning Board every five years from the effective date of this section. Such review shall take into account the supply of inclusionary housing, the rental vacancy rate, and the overall condition and strength of the housing market. (107) No building permit shall be issued for an MCD unless the Planning Board has certified that the applicant has provided legal assurances that the obligations under this section will be satisfied. No certificate of occupancy will be issued for any building within an MCD unless the required inclusionary unit(s) are is also eligible for such certificate, or unless the Planning Board has approved its issuance. a schedule linking a portion of the required inclusionary units to specified portions of the overall MCD, allowing phases of the MCD to become eligible for certificates of occupancy as the inclusionary units become eligible for such certificates. KI. Cap on retail MCDs. (1) Except in the following approved area plan location: Mid-Island Planned Overlay District (MIPOD), a special permit shall not be granted for: (a) A new major commercial development which is devoted primarily to retail use and which has 20,000 square feet or more of gross floor area of commercial use, including roofed- over storage areas. (b) Expansion of an existing commercial development whenever the expanded portion of the development, added together starting from the effective date of this § 139-11K, is devoted primarily to retail use and has 10,000 square feet or more of gross floor area of commercial use, including roofed-over storage areas. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 58 (Zoning Bylaw Amendment: Adult Use) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To amend section 2 as follows: Page 119 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ADULT USES All uses as described and defined in MGL c. 40A, § 9A, as may be amended from time to time to include: Any establishment which has 10% of its stock-in-trade on hand; whose sales, including rentals from such a portion of stock equals or exceeds 10% of monthly sales; or has 10% or greater floor area open to and observable by customers used for the display or storage of adult-oriented material, or as presentation time of live or recorded performances, shall be defined as an adult use. Adult uses are subject to the following standards: (1) A minimum lot area of 20,000 square feet is required for adult uses. (21) Adult uses shall be located in stand-alone facilities and shall not be allowed within a building or structure containing other retail, commercial, residential, industrial or other uses. (32) A minimum separation of 300 feet, measured between lot lines, is required between adult uses and the following uses or areas:state-certified public or private schools or state-licensed day-care centers. Use/Area Minimum Separation (feet) State-certified public or private school 300 State-licensed day-care center 300 Religious institution 1,000 Public library 1,000 Other adult uses 500 (4) A minimum ten-foot-wide vegetative buffer consisting of evergreen shrubs and trees not less than five feet in height at the time of the planting shall provide screening from adjacent lots, with exceptions for minimal driveway and utility access. 2. To amend section 30A(1) as follows: (1) The special permit granting authority may shall issue special permits for structures and uses which are in harmony with the general purpose and intent of this chapter subject to the provisions of such chapter. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): Page 120 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 1. To amend section 2 as follows: ADULT USES All uses as described and defined in MGL c. 40A, § 9A, as may be amended from time to time to include: Any establishment which has 10% of its stock-in-trade on hand; whose sales, including rentals from such a portion of stock equals or exceeds 10% of monthly sales; or has 10% or greater floor area open to and observable by customers used for the display or storage of adult-oriented material, or as presentation time of live or recorded performances, shall be defined as an adult use. Adult uses are subject to the following standards: (1) A minimum lot area of 20,000 square feet is required for adult uses. (21) Adult uses shall be located in stand-alone facilities and shall not be allowed within a building or structure containing other retail, commercial, residential, industrial or other uses. (32) A minimum separation of 300 feet, measured between lot lines, is required between adult uses and the following uses or areas:state-certified public or private schools or state-licensed day-care centers. Use/Area Minimum Separation (feet) State-certified public or private school 300 State-licensed day-care center 300 Religious institution 1,000 Public library 1,000 Other adult uses 500 (4) A minimum ten-foot-wide vegetative buffer consisting of evergreen shrubs and trees not less than five feet in height at the time of the planting shall provide screening from adjacent lots, with exceptions for minimal driveway and utility access. 2. To amend section 30A(1) as follows: (1) The special permit granting authority may shall issue special permits for structures and uses which are in harmony with the general purpose and intent of this chapter subject to the provisions of such chapter. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 Page 121 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 59 (Zoning Bylaw Amendment: Abandoned Vehicles) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7B(5), as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): A motor vehicle which is and for the immediately preceding thirty-day period has been unregistered, disabled, dismantled or inoperative shall not be stored on any land or lot unless such vehicle is enclosed within a building or covered by a tarpaulin and screened from surrounding residential properties by a fence or hedge. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7B(5), be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): Not more than one motor vehicle which is and for the immediately preceding thirty-day period has been unregistered, disabled, dismantled or inoperative shall not be stored on any land or lot unless such vehicle is enclosed within a building or covered by a tarpaulin and screened from surrounding residential properties by a fence or hedge. PLANNING BOARD COMMENT: The Board notes that the purpose of this article is to create consistency between Chapter 139 (Zoning) and Chapter 104 (Abandoned Vehicles). The proposed language modification has been included in Chapter 104 since 1991. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 60 (Zoning Bylaw Amendment: Miscellaneous Technical Changes) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. Amend section 2 (Definitions), as follows: Page 122 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions APARTMENT BUILDING(S) A structure or structures… BUILDING AND STRUCTURE HEIGHT (1) The height of the building or structure shall be established for each side. There shall only be one highest point for each building or structure. (2) There shall only be one highest point for each building or structure. (3) No one building and/or structure side shall exceed 32 feet. (2) Where a side does not have continuous existing and/or finish grade lines, the average mean grade shall be the average of separately calculated average mean grades of each separate continuous median grade line. BUILDING COMMISSIONER The administrative chief of the Building Department official of the Town of Nantucket who is in charge of responsible for the administration and enforcement of Code of Massachusetts Regulations 780, State Board Building Regulations and Standards. MOTOR VEHICLE PARKING LOTS OR STRUCTURES A commercial use dedicated to exterior or interior vehicular parking. Motor vehicle parking lots or structures that are constructed to meet the off-street parking requirements of § 139-18 of this Chapter shall not be considered a separate use from the use requiring the off-street parking. YARD The area of a lot to be kept free of buildings and other structures (except fences, fence gates, landscape retaining walls, mail and lamp posts, utility service poles, and pedestals, lot accessways, and docks, bulkheads, groins and other coastal engineering structures). The setback distance from any required front, side, or rear yard shall be measured from the corner board of the structure, if applicable, or the closest point (excluding the eaves) between the structure and the lot line. 2. Amend section 17 (Height limitations), as follows: A. Building and structure height is measured as the average height of all sides of a building or structure from the average mean grade to the highest point of the building and/or structure. There shall be only one highest point for each building and/or structure. No one building and/or structure side shall exceed 32 feet. Height limitations, except as noted in the Village Height Overlay District, shall be as follows: … 3. Amend 139-17 (Height limitations), as follows: The height of a structure which is situated within the "Areas of one-hundred-year Flood" and/or the "Areas of 100-Year Coastal Flood with Velocity" as established by the Page 123 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Federal Emergency Management Agency ("FEMA") and depicted upon the Flood Insurance Rate Map promulgated by FEMA, as from time to time revised, shall not exceed 28 30 feet above the minimum height at which the first floor of the structure will conform with all applicable building codes and FEMA requirements, except in the CDT district where a maximum height may be determined by special permit. 4. Amend sections 29B(2) and 29D (Zoning Board of Appeals), by deleting them in their entirety; 5. Amend section 30J (Alternate Members of the Planning Board) by deleting it in its entirety; 6. Amend section 33A(3) as follows: … Lots created pursuant to MGL c. 41, § 81P, based upon the exception in the clause of MGL c. 41, § 81L for lots containing two or more structures that predate the adoption of subdivision control in the Town, shall have the same status as preexisting, nonconforming lots, and any structures thereon, which predate the adoption of subdivision control in the Town, shall have the status of preexisting nonconforming structures. The removal of structures to facilitate an alteration or change to an existing structure, the relocation of the structure upon the lot, or the construction of a new structure, shall not cause the lot to be merged with an abutting lot in common ownership, provided that the lot remains vacant for less than 6 months. 7. Amend section 33E(1)(b) as follows: In the case of a lot containing at least 5,000 square feet, the greater of 1,500 square feet of ground cover or the amount determined in accordance with the maximum ground cover ratio requirement for the zoning district in which the lot is situated, whichever is greater;. In the LUG- 2 and LUG-3 districts only, a lot containing at least 40,000 square feet shall be permitted 2,000 square feet of ground cover or the amount determined in accordance with the maximum ground cover ratio requirement for the zoning district in which the lot is situated, whichever is greater; and 8. Amend section 16E(1) as follows: Except for lots within the CDT district, A a lot containing a commercial building, structure or use shall have a minimum of 20% of the land as open area free from impervious surfaces. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code Page 124 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions of the Town of Nantucket): 1. Amend section 2 (Definitions), as follows: APARTMENT BUILDING(S) A structure or structures… BUILDING AND STRUCTURE HEIGHT (1) The height of the building or structure shall be established for each side. There shall only be one highest point for each building or structure. (2) There shall only be one highest point for each building or structure. (3) No one building and/or structure side shall exceed 32 feet, except in the CDT and CMI districts, or as otherwise permitted; (24) Where a side does not have continuous existing and/or finish grade lines, the average mean grade shall be the average of separately calculated average mean grades of each separate continuous median grade line. BUILDING COMMISSIONER The administrative chief of the Building Department official of the Town of Nantucket who is in charge of responsible for the administration and enforcement of Code of Massachusetts Regulations 780, State Board Building Regulations and Standards. MOTOR VEHICLE PARKING LOTS OR STRUCTURES A commercial use dedicated to exterior or interior vehicular parking. Motor vehicle parking lots or structures that are constructed to meet the off-street parking requirements of § 139-18 of this Chapter shall not be considered a separate use from the use requiring the off-street parking. YARD The area of a lot to be kept free of buildings and other structures (except fences, fence gates, landscape retaining walls, mail and lamp posts, utility service poles, and pedestals, lot accessways, and docks, bulkheads, groins and other coastal engineering structures). The setback distance from any required front, side, or rear yard shall be measured from the corner board of the structure, if applicable, or the closest point (excluding the eaves) between the structure and the lot line. 2. Amend 139-17 (Height limitations), as follows: The height of a structure which is situated within the "Areas of one-hundred-year Flood" and/or the "Areas of 100-Year Coastal Flood with Velocity" as established by the Federal Emergency Management Agency ("FEMA") and depicted upon the Flood Insurance Rate Map promulgated by FEMA, as from time to time revised, shall not exceed 28 30 feet above the minimum height at which the first floor of the structure will Page 125 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions conform with all applicable building codes and FEMA requirements, except in the CDT district where a maximum height may be determined by special permit. 3. Amend sections 29B(2) and 29D (Zoning Board of Appeals), by deleting them in their entirety; 4. Amend section 30J (Alternate Members of the Planning Board) by deleting it in its entirety; 5. Amend section 33A(3) as follows: … Lots created pursuant to MGL c. 41, § 81P, based upon the exception in the clause of MGL c. 41, § 81L for lots containing two or more structures that predate the adoption of subdivision control in the Town, shall have the same status as preexisting, nonconforming lots, and any structures thereon, which predate the adoption of subdivision control in the Town, shall have the status of preexisting nonconforming structures. The removal of structures to facilitate an alteration or change to an existing structure, the relocation of the structure upon the lot, or the construction of a new structure, shall not cause the lot to be merged with an abutting lot in common ownership, provided that the lot remains vacant for less than one year. 6. Amend section 33E(1)(b) as follows: In the case of a lot containing at least 5,000 square feet, the greater of 1,500 square feet of ground cover or the amount determined in accordance with the maximum ground cover ratio requirement for the zoning district in which the lot is situated, whichever is greater;. In the LUG-2 and LUG-3 districts only, a lot containing at least 40,000 square feet shall be permitted 2,000 square feet of ground cover or the amount determined in accordance with the maximum ground cover ratio requirement for the zoning district in which the lot is situated, whichever is greater; and 7. Amend section 16E(1) as follows: Except for lots within the CDT district, A a lot containing a commercial building, structure or use shall have a minimum of 20% of the land as open area free from impervious surfaces. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of this motion is 2/3 ARTICLE 61 (Bylaw Amendment: Obsolete Building Related Bylaws) To see if the Town will vote to amend the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that Page 126 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To delete Chapter 21 (Gas Inspector) in its entirety. 2. To amend Chapter 117, sections 1 and 4, as follows: § 117-1. Determination of inclusion within Fire Districts. All buildings erected within a radius of 1 1/4 miles of the Pacific National Bank shall be deemed to be within the Nantucket Fire District. All buildings within a radius of 1 1/4 miles of the Siasconset Post Office shall be deemed within the Siasconset Fire District. within the following zoning districts contained with Chapter 139 (Zoning), shall be deemed to be within the Fire District: Commercial Downtown, Residential Old Historic, Sconset Old Historic, Residential 1 and Sconset Residential 1, Residential 5 and 5L, Commercial Mid-Island, Residential Commercial, Residential Commercial 2, and Commercial Neighborhood. § 117-4. Applicability. This chapter shall apply to the property owner of such building and any. It also shall apply to the contractor, tenant or agent of the owner or contractor actually engaged in construction or repairing of the roof of any such building within the Fire District or who have actually engaged in constructing or repairing the roof of any such building. 3. To delete Chapter 129 (Swimming Pools, Private) in its entirety. Or to take any other action related thereto. (Board of Selectmen) NOTE: The purpose of this article is to continue an effort to update the Town Code to remove or modify sections that are outdated or entirely obsolete. Chapter 21 (adopted in 1971) is addressed by MGL Chapter 143 and the Charter of the Town of Nantucket.Chapter 117 (adopted in 1923 and last amended in 1927) is currently inadequate in that it does not include a more broad area of significant construction. Chapter 129 (adopted in 1981) is entirely addressed within the Zoning Bylaw, Building Code, and Wiring Code. FINANCE COMMITTEE MOTION: Moved that Chapter 21 (Gas Inspector) of the Code of the Town of Nantucket is deleted in its entirety; that Chapter 129 (Swimming Pools, Private) is deleted in its entirety; and, that Chapter 117 (Roofs, NonCombustible) is hereby amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): § 117-1. Determination of inclusion within Fire Districts. All buildings erected within a radius of 1 1/4 miles of the Pacific National Bank shall be deemed to be within the Nantucket Fire District. All buildings within a radius of 1 1/4 miles of the Page 127 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Siasconset Post Office shall be deemed within the Siasconset Fire District. within the following zoning districts contained with Chapter 139 (Zoning), shall be deemed to be within the Fire District: Commercial Downtown, Residential Old Historic, Sconset Old Historic, Residential 1 and Sconset Residential 1, Residential 5 and 5L, Commercial Mid-Island, Residential Commercial, Residential Commercial 2, and Commercial Neighborhood. § 117-4. Applicability. This chapter shall apply to the property owner of such building and any. It also shall apply to the contractor, tenant or agent of the owner or contractor actually engaged in construction or repairing of the roof of any such building within the Fire District or who have actually engaged in constructing or repairing the roof of any such building. ARTICLE 62 (Bylaw Amendment: Solid Waste Disposal) To see if the Town will vote to amend Chapter 125 (Solid Waste Disposal) of the Code of the Town of Nantucket, Section 125-2.1 (Prohibitions on use and sale of balloons) as follows (NOTE: new language is shown as highlighted text; 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); and to further authorize the Board of Selectmen to file a Home Rule Petition with the General Court to effectuate the purposes and intent of the zoning amendment should it be deemed necessary and/or prudent to do so by the Board of Selectmen: Chapter 125 Solid Waste Disposal Article I. General Provisions §125-2.1 Prohibitions on sale and use of balloons. A ban on the sale and/or use of No person shall sell, use or distribute any type of balloon (including, and not limited to, plastic, latex or Mylar balloons) to be inflated with any type of lighter than air gas (including, and not limited to, helium gas). No person shall dispose of any balloon People importing such novelties from off-island, but disposing of them on-island in any manner, including by release into the air, other than being contained in a plastic trash bag and transported to the Landfill. Any person violating this Bylaw shall be fined pursuant to the provisions of Chapter 1, Article II by Noncriminal Disposition at $50 per offense. This Bylaw may be enforced by any police officer of the Town of Nantucket. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 125 (Solid Waste) of the Code of the Town of Nantucket, Section 125-2.1 (Prohibitions on use and sale of balloons) is hereby amended as follows (NOTE: new language is shown as highlighted text; 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 Page 128 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions compliance with the numbering format of the Code of the Town of Nantucket); and to further authorize the Board of Selectmen to file a Home Rule Petition with the General Court to effectuate the purposes and intent of the zoning amendment should it be deemed necessary and/or prudent to do so by the Board of Selectmen: Chapter 125 Solid Waste Disposal Article I. General Provisions §125-2.1 Prohibitions on sale and use of balloons. A ban on the sale and/or use of No person shall sell, use or distribute any type of balloon (including, and not limited to, plastic, latex or Mylar balloons) to be inflated with any type of lighter than air gas (including, and not limited to, helium gas). No person shall dispose of any balloon People importing such novelties from off-island, but disposing of them on-island in any manner, including by release into the air, other than being contained in a plastic trash bag and transported to the Landfill. Any person violating this Bylaw shall be fined pursuant to the provisions of Chapter 1, Article II by Noncriminal Disposition at $50 per offense. This Bylaw may be enforced by any police officer of the Town of Nantucket. ARTICLE 63 (Bylaw Amendment: Town Property, Conveyance of) To see if the Town will vote to repeal Chapter 46 (Town Property, Conveyance of), section 46-4 (Acquisition of land for Town offices); said section reads as follows: §46-4. Acquisition of land for Town offices. All acquisitions by the Town of Nantucket, whether by purchase or by lease, of vacant or improved land outside the downtown core district, the acquisition of which is for the construction and/or renovation for use as Town offices, shall require a vote of the Town Meeting; no offices presently within the downtown core district shall be relocated to any site outside the downtown core district without a vote of the Town Meeting. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 46 (Town Property, Conveyance of), section 46-4 (Acquisition of land for Town offices) is hereby repealed. ARTICLE 64 (Bylaw Amendment: Personal Watercraft/Flyboarding) To see if the Town will vote to: Exempt PWCs engaged in a flyboard operation from §137-18. Define new terms related to flyboarding and specify their exemption. Page 129 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 1. Definitions In this instrument: Flyboard means an aerial freestyle device that: a) is a positively buoyant board, with foot holds or strappings, designed to support a person; and b) is used in a flyboard operation. Flyboard operation means an operation in which: a) a flyboard is powered by a PWC through a hose connected from the PWC’s outlet venturi; and b) the PWC is controlled by an instructor and creates thrust to propel the flyboard through and out of the water; and c) the person on the flyboard can control flight direction, including the direction of the PWC. d) the PWC can only be controlled by person on flyboard. It does not function in a conventional manner. Instructor means a person who controls a PWC. Personal watercraft (or PWC) means a vessel that: a) uses an inboard motor powering a water jet pump or a propeller as its primary source of motive power; and b) is designed to be operated by a person sitting, standing or kneeling on the vessel rather than the conventional manner of sitting or standing inside a vessel; and c) is used in a flyboard operation. Licensed flyboarding means an individual or corporation that: a) has proper instructor certifications; and b) has a minimum of USCG OUPV license; and c) complies with all manufacturer recommendations; and d) complies with all relevant regulations; and e) engages in flyboard operation. 2. Exemptions Licensed flyboarding is exempt from Town of Nantucket Bylaw section §137-18 subsections B, C and D. (Max Perkins, et al) FINANCE COMMITTEE: Moved not to adopt the Article. ARTICLE 65 (Bylaw: Town of Nantucket Right to Farm) To see if the Town will vote to: Section 1 Legislative Purpose and Intent Page 130 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions The purpose and intent of this By-law is to state with emphasis the Right to Farm accorded to all citizens of the Commonwealth under Article 97, of the Constitution, and all state statutes and regulations thereunder including but not limited to Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9, Chapter 111, Section 125A and Chapter 128 Section 1A. We the citizens of Nantucket restate and republish these rights pursuant to the Town’s authority conferred by Article 89 of the Articles of Amendment of the Massachusetts Constitution, (“Home Rule Amendment”). This General By-law encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Nantucket by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies. This By-law shall apply to all jurisdictional areas within the Town of Nantucket. Section 2 Definitions The word "farm" shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory thereto. The words "farming" or “agriculture" or their derivatives shall include, but not be limited to the following: • farming in all its branches and the cultivation and tillage of the soil; • dairying; • production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities; • growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations; • raising of livestock including horses; • keeping of horses as a commercial enterprise; and • keeping and raising of poultry, swine, cattle, ratites (such as emus, ostriches and rheas) and camelids (such as llamas and camels), and other domesticated animals for food and other agricultural purposes, including bees and fur-bearing animals. “Farming” shall encompass activities including, but not limited to, the following: • operation and transportation of slow-moving farm equipment over roads within the Town; • control of pests, including, but not limited to, insects , weeds, predators and disease organism of plants and animals; • application of manure, fertilizers and pesticides; • conducting agriculture-related educational and farm-based recreational activities, including agri-tourism, provided that the activities are related to marketing the agricultural output or services of the farm; • processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand including signage thereto; • maintenance, repair, or storage of seasonal equipment, or apparatus owned or leased by the farm owner or manager used expressly for the purpose of propagation, processing, management, or sale of the agricultural products; and • on- farm relocation of earth and the clearing of ground for farming operations. Section 3 Right To Farm Declaration The Right to Farm is hereby recognized to exist within the Town of Nantucket. The above- described agricultural activities may occur on holidays, weekdays, and weekends by night or Page 131 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions day and shall include the attendant incidental noise, odors, dust, and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general. The benefits and protections of this By-law are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this Right To Farm By-law shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statute, regulation, or local zoning law. Section 4 Disclosure Notification Not later than 21 days after the purchase and sale contract is entered into, or prior to the sale or exchange of real property if no purchase and sale agreement exists, for the purchase or exchange of real property, or prior to the acquisition of a leasehold interest or other possessory interest in real property, located in the Town of Nantucket, the landowner shall present the buyer or occupant with a disclosure notification which states the following: “It is the policy of this community to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food, and other agricultural products, and also for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur. Such farming activities may include, but are not limited to, activities that cause noise, dust and odors. Buyers or occupants are also informed that the location of property within the Town may be impacted by commercial agricultural operations including the ability to access water services for such property under certain circumstances.” A copy of the disclosure notification shall be given on a form prepared by the Town and shall be signed by the landowner prior to the sale, purchase, exchange or occupancy of such real property. A copy of the disclosure notification must be filed with the Board of Selectmen or its designee prior to the sale, purchase, exchange or occupancy of such real property. In addition to the above, a copy of this disclosure notification shall be provided by the Town to landowners each fiscal year by mail. A violation of Section 4 shall be subject to a fine of $300 and shall be enforced by the Board of Selectmen or its designee. The Town is authorized to enforce Section 4 under the non-criminal disposition provision of G.L. c. 40, § 21D. Section 5 Resolution of Disputes [Applicable only in communities that have Agricultural Commissions.] Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Select Board, the Zoning Enforcement Officer, or the Board of Health, depending upon the nature of the grievance. The filing of the grievance does not suspend the time within which to pursue any other available remedies that the aggrieved may have. The Zoning Enforcement Officer or Select Board shall forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the referring Town authority within an agreed upon time frame. The Board of Health, except in cases of Page 132 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions imminent danger or public health risk, may forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the Board of Health within an agreed upon time frame. Section 6 Severability Clause If any part of this By-law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this By-law. The Town of Nantucket hereby declares the provisions of this By-law to be severable. (Dylan Wallace, et al) FINANCE COMMITTEE MOTION: Moved that the Code of the Town of Nantucket is hereby amended by inserting the following new Chapter as follows: CHAPTER 140. TOWN OF NANTUCKET RIGHT TO FARM BYLAW §140-1. Legislative Purpose and Intent. The purpose and intent of this bylaw is to state with emphasis the Right to Farm accorded to all citizens of the Commonwealth under Article 97, of the Constitution, and all state statutes and regulations thereunder including but not limited to Massachusetts General Laws Chapter 40A, Section 3, Paragraph 1; Chapter 90, Section 9, Chapter 111, Section 125A and Chapter 128 Section 1A. We, the citizens of Nantucket, restate and republish these rights pursuant to the Town’s authority conferred by Article 89 of the Articles of Amendment of the Massachusetts Constitution, (“Home Rule Amendment”). This general bylaw encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmlands within the Town of Nantucket by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies. This bylaw shall apply to all jurisdictional areas within the Town of Nantucket. §140-2. Definitions. The word "farm" shall include any parcel or contiguous parcels of land, or water bodies used for the primary purpose of commercial agriculture, or accessory thereto. The words "farming" or “agriculture" or their derivatives shall include, but not be limited to the following: • farming in all its branches and the cultivation and tillage of the soil; • dairying; • production, cultivation, growing, and harvesting of any agricultural, aquacultural, floricultural, viticultural, or horticultural commodities; • growing and harvesting of forest products upon forest land, and any other forestry or lumbering operations; • raising of livestock including horses; • keeping of horses as a commercial enterprise; and • keeping and raising of poultry, swine, cattle, ratites (such as emus, ostriches and rheas) and camelids (such as llamas and camels), and other domesticated animals for food and other agricultural purposes, including bees and fur-bearing animals. Page 133 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions “Farming” shall encompass activities including, but not limited to, the following: • operation and transportation of slow-moving farm equipment over roads within the Town; • control of pests, including, but not limited to, insects , weeds, predators and disease organism of plants and animals; • application of manure, fertilizers and pesticides; • conducting agriculture-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural output or services of the farm; • processing and packaging of the agricultural output of the farm and the operation of a farmer's market or farm stand including signage thereto; • maintenance, repair, or storage of seasonal equipment, or apparatus owned or leased by the farm owner or manager used expressly for the purpose of propagation, processing, management, or sale of the agricultural products; and • on-farm relocation of earth and the clearing of ground for farming operations. §140- 3. Right to Farm Declaration. The Right to Farm is hereby recognized to exist within the Town of Nantucket. The above- described agricultural activities may occur on holidays, weekdays, and weekends by night or day and shall include the attendant incidental noise, odors, dust, and fumes associated with normally accepted agricultural practices. It is hereby determined that whatever impact may be caused to others through the normal practice of agriculture is more than offset by the benefits of farming to the neighborhood, community, and society in general. The benefits and protections of this bylaw are intended to apply exclusively to those commercial agricultural and farming operations and activities conducted in accordance with generally accepted agricultural practices. Moreover, nothing in this Right to Farm bylaw shall be deemed as acquiring any interest in land, or as imposing any land use regulation, which is properly the subject of state statute, regulation, or local zoning law. §140- 4. Disclosure Notification The Town of Nantucket shall provide the following disclosure notification to landowners each fiscal year by mail. “It is the policy of this community to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food, and other agricultural products, and also for its natural and ecological value. This disclosure notification is to inform buyers or occupants that the property they are about to acquire or occupy lies within a town where farming activities occur. Such farming activities may include, but are not limited to, activities that cause noise, dust and odors. Buyers or occupants are also informed that the location of property within the Town may be impacted by commercial agricultural operations including the ability to access water services for such property under certain circumstances.” In addition to the above, a copy of said disclosure notification shall be posted on the Town of Nantucket’s website in an area or areas utilized by homeowners and/or pertaining to land use. §140-5. Resolution of Disputes. Any person who seeks to complain about the operation of a farm may, notwithstanding pursuing any other available remedy, file a grievance with the Board of Selectmen, the Zoning Enforcement Officer, or the Board of Health, depending upon the nature of the grievance. The filing of the grievance does not suspend the time within which to pursue any other available remedies that the aggrieved may have. The Zoning Enforcement Officer or Board of Selectmen shall forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the Page 134 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions referring Town authority within an agreed upon time frame. The Board of Health, except in cases of imminent danger or public health risk, shall forward a copy of the grievance to the Agricultural Commission or its agent, which shall review and facilitate the resolution of the grievance, and report its recommendations to the Board of Health within an agreed upon time frame. §140-6. Severability Clause. If any part of this bylaw is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of this bylaw. The Town of Nantucket hereby declares the provisions of this bylaw to be severable. ARTICLE 66 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), section 3A (Town Sewer District) of the Code of the Town of Nantucket by taking the following actions: 1. By adding the following parcels to the Town Sewer District: MAP LOT NUMBER STREET 56 209 59 Milk Street 55 312 147 Orange Street 56 255 79 Vestal Street 56 254 81 Vestal Street 56 253 83 Vestal Street 56 252 85 Vestal Street 2. By removing the following parcels from the Town Sewer District: MAP LOT NUMBER STREET 30 138.2 Cobblestone Hill 42.2.4 7 17 Commercial Wharf 68 700 2 Evergreen Lane 68 701.1 4 Evergreen Lane 68 701 4A Evergreen Lane 68 702 6 Evergreen Lane 68 703 8 Evergreen Lane 68 704 10 Evergreen Lane 68 705 12 Evergreen Lane 68 706 14 Evergreen Lane 68 707 16 Evergreen Lane Page 135 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 68 708 18 Evergreen Lane 41 342 35 Grove Lane 30 48 98 Hulbert Avenue 30 53 11 Jefferson Avenue 54 204 21 Monomoy Road 30 608 2 Nantucket Avenue 55 61.1 158 Orange Street 55 321 47 Prospect Street 55.1.4 2 50 Union Street 42.3.2 23.1 28 Washington Street 42.2.3 4 38 Washington Street 42.2.3 5 40 Washington Street 42.2.3 6 42 Washington Street 55.4.1 56 39 York Street Or to take any other action related thereto. All as shown on a map entitled “2016 Annual Town Meeting Warrant Article 66 Town Sewer District Map Changes” dated January, 2016 and filed herewith at the Office of the Town Clerk. (Board of Selectmen/Sewer Commissioners) FINANCE COMMITTEE: Moved that Chapter 41 (Board of Sewer Commissioners), section 3A (Town Sewer District) of the Code of the Town of Nantucket is hereby amended as follows: 1. Add the following parcels to the Town Sewer District: MAP LOT NUMBER STREET 56 209 59 Milk Street 55 312 147 Orange Street 56 255 79 Vestal Street 56 254 81 Vestal Street 56 253 83 Vestal Street 56 252 85 Vestal Street 2. Remove the following parcels from the Town Sewer District: MAP LOT NUMBER STREET 30 138.2 Cobblestone Hill 42.2.4 7 17 Commercial Wharf 68 700 2 Evergreen Lane Page 136 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 68 701.1 4 Evergreen Lane 68 701 4A Evergreen Lane 68 702 6 Evergreen Lane 68 703 8 Evergreen Lane 68 704 10 Evergreen Lane 68 705 12 Evergreen Lane 68 706 14 Evergreen Lane 68 707 16 Evergreen Lane 68 708 18 Evergreen Lane 41 434 32 Grove Lane 30 48 98 Hulbert Avenue 30 53 11 Jefferson Avenue 54 204 21 Monomoy Road 30 608 2 Nantucket Avenue 55 61.1 158 Orange Street 55 321 47 Prospect Street 55.1.4 2 (portion of) 50 Union Street 42.3.2 23.1 28 Washington Street 42.2.3 4 38 Washington Street 42.2.3 5 40 Washington Street 42.2.3 6 42 Washington Street 55.4.1 56 39 York Street 55.4.1 56.3 39R York Street ARTICLE 67 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket by adding property located at 17 Milestone Crossing (Assessor Map 68, Parcel 458) to the Town Sewer District. Or to take any other action related thereto. (Mark Dawson, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 68 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes) To see if the Town will vote to: amend the Town Sewer District, as established under the Nantucket Code, Chapter 41, Section 3.A, by adding to it the following parcels: Page 137 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions MAP PARCEL ADDRESS 66 100.1 58 Bartlett Road 66 100.2 56 Bartlett Road 66 100 54 Bartlett Road 66 524 48 Bartlett Road 66 531 46 Bartlett Road 66 529 44 Bartlett Road 66 530 42 Bartlett Road 66 434 40 Bartlett Road (Donald Dimock, et al) FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners), section 3A (Town Sewer District) of the Code of the Town of Nantucket is hereby amended by adding the following parcels to the Town Sewer District: MAP PARCEL ADDRESS 66 100.1 58 Bartlett Road 66 100.2 56 Bartlett Road 66 100 54 Bartlett Road 66 524 48 Bartlett Road 66 531 46 Bartlett Road 66 529 44 Bartlett Road 66 530 42 Bartlett Road 66 434 40 Bartlett Road ARTICLE 69 (Bylaw Amendment: Management of Coastal Properties Owned by the Town) To see if the Town will vote to amend Chapter 67 – 1, Management of Coastal Properties Owned by the Town To strike Chapter 67 in its entirety, and adding: 67 – 1 Coastal land, leasing or licensing. Leasing or licensing any Town-owned coastal land for private erosion-control protection purposes shall be subject to approval by vote at an Annual or Special Town Meeting. Or to take any other action relative thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 138 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 70 (Bylaw Amendment: Nuisance Animals) To see if the Town of Nantucket will vote to: PROPOSED REVISION Chapter 55 of the Town Code?) F Nuisances: No person shall keep within the limits of the Town of Nantucket any dog or pet by which barking, biting, howling, whining or in any manner disturbs the peace and quiet of any person. No person shall own or keep in the Town of Nantucket any bird or fowl, which by screeching or crowing or by any other manner disturbs the peace and quiet of any person(s). No person shall own or keep any animal that is found to run at large beyond the confines of the property of the owner or keeper, or does commit any nuisance, disturbs the peace and quiet of any neighborhood, or endangers the safety of any person(s). The owner of any dog or pet which endangers the safety of any person or other animal by biting or causing property damage shall be subject to immediate violations, penalties or quarantine. Subsequent offenses shall result in their removal from the Town of Nantucket, or shall be euthanized if deemed to be dangerous. Any dog or pet found to run at large beyond the confines of the property of the owner, tenant, lessee or keeper after a third offense of chapter 55 subsection 4D shall also be subject to nuisance violation penalties thereafter. H Animal neglect: Any person owning, keeping or otherwise responsible for a companion animal, pet or farm animal or livestock who confines said animal in a parked vehicle or trailer where the vehicle confinement endangers the health or safety of the animal and or if medical aid is requested and owner does not seek medical aid for animal shall be subject to a fine of $50.00, second offense fine of $100.00. I Dogs or Pets released from the Animal Shelter: Any person owning, keeping or otherwise responsible for animal that is brought into the Animal Shelter and that animal is released back the owner or keeper is responsible for making sure Animal Control gets a copy of Rabies Certificate. If Animal Control does not receive certificate from the dog or pet owner within 5 business days after dog or pet is released the owner or keeper may receive a fine of $50.00 per week until Rabies Certificate is submitted to Animal Control. J Town Permit of Animal: If Owner or Keeper of Farm Animals does not obtain a Town Permit could be subject to a fine of $25.00per day until permit is purchased. (Suzanne Gale, et al) FINANCE COMMITTEE MOTION: Moved that Chapter 55 (Animals) of the Code of the Town of Nantucket is hereby amended by deleting subsection F (Nuisances) of section 55-4 (Regulations) in its entirety and replacing it with the following, and by adding the following new subsections (H, I, and J) (NOTE: non-substantive changes to the numbering of this bylaw are permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): Page 139 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions F. Nuisances. No person shall keep within the limits of the Town of Nantucket any dog or pet by which barking, biting, howling, whining or in any manner disturbs the peace and quiet of any person. No person shall own or keep in the Town of Nantucket any bird or fowl, which by screeching or crowing or by any other manner disturbs the peace and quiet of any person(s). No person shall own or keep any animal that is found to run at large beyond the confines of the property of the owner or keeper, or does commit any nuisance, disturbs the peace and quiet of any neighborhood, or endangers the safety of any person(s). The owner of any dog or pet which endangers the safety of any person or other animal by biting or causing property damage shall be subject to immediate violations, penalties or quarantine. Subsequent offenses shall result in their removal from the Town of Nantucket, or shall be euthanized if deemed to be dangerous. Any dog or pet found to run at large beyond the confines of the property of the owner, tenant, lessee or keeper after a third offense of chapter 55 subsection 4D shall also be subject to nuisance violation penalties thereafter. H. Animal neglect. Any person owning, keeping or otherwise responsible for a companion animal, pet or farm animal or livestock who confines said animal in a parked vehicle or trailer where the vehicle confinement endangers the health or safety of the animal and/or if medical aid is requested and the owner does not seek medical aid for animal shall be subject to a fine of $50.00, second offense fine of $100.00. I. Dogs or Pets released from the Animal Shelter. Any person owning, keeping or otherwise responsible for an animal that is brought into the Animal Shelter and that animal is released back, the owner or keeper is responsible for making sure Animal Control gets a copy of the current Rabies Certificate. If Animal Control does not receive certificate from the dog or pet owner within 5 business days after dog or pet is released the owner or keeper may receive a fine of $50.00 per week until Rabies Certificate is submitted to Animal Control. J. Town Permit of Animal: Any Owner or Keeper of Farm Animals who does not obtain a Town Permit shall be subject to a fine of $25.00 per day until the permit is purchased. ARTICLE 71 (Bylaw Amendment: Dog Licenses) To see if the Town will vote to amend Chapter 55 §5 of the Code of the Town of Nantucket, REGULATIONS, by addition the following section: A (4) No license fee shall be charged for a dog owned by a person aged 70 years or older who licenses their dog by April 30. Or to take any other action related thereto. (Catherine Flanagan Stover, et al) Page 140 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that Chapter 55 (Animals), §4 (Regulations) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new language is shown as highlighted text; 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): Chapter 55 Animals §55-4. Regulations. A. Annual license required. (4) No license fee shall be charged for a dog owned by a person aged 70 years or older who licenses their dog by April 30. ARTICLE 72 (Acceptance of Massachusetts General Law: Dog Licenses) To see if the Town will vote to accept the provisions of MGL Ch. 140, Section 139, so that no license fee shall be charged for a dog owned by a person aged 70 years or older who licenses their dog by April 30. Or to take any other action related thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved that the provisions of Massachusetts General Law Chapter 140, section 139 are hereby accepted. ARTICLE 73 (Acceptance of Massachusetts General Law: Abandoned Motor Vehicles - Non-Criminal Proceedings) To see if the Town will vote to accept the provisions of Massachusetts General Law Chapter 90, section 22B subsection (b) to (k), inclusive, to allow for the Town to remove motor vehicles which have been abandoned in the Town by using a non-criminal process. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the provisions of Massachusetts General Law Chapter 90, section 22B, subsections (b) to (k) inclusive are hereby accepted. ARTICLE 74 (Home Rule Petition: Charter Amendment Regarding Publication of Town Meeting Warrants) 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 Page 141 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions in the text thereof as may be necessary or advisable to accompolish the intent of this proposed legislation in order to secure its passage, or to take any other action related thereto: AN ACT amending the Charter of the Town of Nantucket concerning Newspaper Publication of Town Meeting Warrants Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of same, as follows: Section 1. Section 2.5(b) of the charter of the town of Nantucket, adopted under the provisions of chapter 289 of the acts of 1986, and as amended, on file with the archivist of the commonwealth in accordance with section 12 of chapter 43B of the general laws, is hereby amended by deleting the first sentence of said section 2.5(b) and inserting in place thereof the following:- The Board of Selectmen shall publish notice of the issuance of the warrant of each Town Meeting in a newspaper of general circulation within the Town promptly after such issuance of the warrant. Section 2. Said section 2.5 of the charter of the town of Nantucket is hereby further amended by deleting in the second sentence the following words:- of the warrant. Section 3. This act shall take effect upon 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 amending the Charter of the Town of Nantucket concerning Newspaper Publication of Town Meeting Warrants Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of same, as follows: Section 1. Section 2.5(b) of the charter of the town of Nantucket, adopted under the provisions of chapter 289 of the acts of 1986, and as amended, on file with the archivist of the commonwealth in accordance with section 12 of chapter 43B of the general laws, is hereby amended by deleting the first sentence of said section 2.5(b) and inserting in place thereof the following:- The Board of Selectmen shall publish notice of the issuance of the warrant of each Town Meeting in a newspaper of general circulation within the Town promptly after such issuance of the warrant. Section 2. Said section 2.5 of the charter of the town of Nantucket is hereby further amended by deleting in the second sentence the following words:- of the warrant. Page 142 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Section 3. This act shall take effect upon passage. ARTICLE 75 (Home Rule Petition: Merger of Nantucket Water Commission and Siasconset Water Commission) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto: AN ACT authorizing the Town of Nantucket to supply itself and its inhabitants with water SECTION 1. The town of Nantucket may supply itself and the inhabitants thereof with water for the extinguishment of fires and for domestic and for other purposes, may establish fountains and hydrants, relocate or discontinue the same, and may regulate the use of such water and fix and collect rates to be paid for the use of same. 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 Page 143 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions unnecessarily to obstruct the same; and for the purpose of constructing, laying, maintaining, operating and repairing such conduits, pipes and other works, and for all other proper purposes of this act, said town may dig up or raise and embank any such lands, highways or other ways in such manner as to cause the least hindrance to public travel thereon. Said town shall not enter upon, construct or lay any conduits, pipes or other works within the location of any railroad corporation except at such time and in such manner as it may agree upon with such corporation or in case of failure so to agree as may be approved by the department of telecommunications and energy. Said town may enter upon any lands for the purpose of making surveys, test pits and borings, and may take or otherwise acquire the right to occupy temporarily any lands necessary for the construction of any work or for any other purpose authorized by this act. SECTION 3. The land, water rights and other property taken or acquired under this act, and all works, buildings and other structures erected or constructed under this act, shall be managed, improved and controlled by the board of water commissioners hereinafter 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 Page 144 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions however to all lawful by-laws and to such instructions, rules and regulations as said town may impose by its vote. A majority of said board shall constitute a quorum for the transaction of business. Any vacancy occurring in said board shall be filled at the next annual town election for the remainder of the unexpired term and may be filled temporarily by the board of selectmen until the next annual election, in accordance with the charter of the town of Nantucket as it may be amended from time to time. Said commissioners shall serve for three- year overlapping terms, so arranged that the terms of not more than two commissioners shall expire each year. SECTION 9. Said board shall fix just and equitable prices and rates for the use of water, and shall prescribe the time and manner of payment of such prices and rates. The income of the water works shall be applied to defraying all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued under authority of this act. During any period that the water department is not operated under an enterprise fund system of accounting pursuant to section 53F1/2 of chapter 44 of the General Laws, if there should be a net surplus remaining after providing for the aforesaid charges it shall, subject to appropriation by the town, be used for such new construction as the water commissioners may recommend or be reserved by the town for future new construction, and in case a surplus should remain after appropriation or reservation for such new construction, and/or in the event such surplus is not so appropriated and reserved, the water rates shall be reduced proportionately. All authority vested in said board by the foregoing provisions of this section shall be subject to the provisions of section 8 with respect to the town’s authority to adopt appropriate bylaws, rules, instructions regulations. Said board shall annually, and as often as the town may require, render a report upon the condition of the works under its charge and an account of its doings, including an account of receipts and expenditures. SECTION 10. The town of Nantucket shall be the lawful successor of the Siasconset water district and the former Wannacomet Water Company, so-called, in every respect. All property, both real and personal, including funds, records, furnishings and equipment whatsoever in the custody of said department and company shall be transferred by operation of law to the town, and no contracts or liabilities of the Siasconset water district or former Wannacomet Water Company in force on the effective date of this act shall be affected by the dissolution and abolition of the said district or company, except as provided in section 16, below. SECTION 11. The incumbent general manager of the Wannacomet Water Company, so- called, holding office as of the effective date of this act shall serve as the director of the consolidated water department until the natural expiration of his current appointment, or his sooner resignation, retirement or removal. SECTION 12. Upon the effective date of this act, the so-called Siasconset water district, created pursuant to chapter 404 of the acts of 1903, as amended, is hereby dissolved, the board of water commissioners created pursuant to said chapter 404 is abolished, and the terms of any incumbent members of said board of water commissioners terminated. SECTION 13. The enterprise funds previously established by vote of the town pursuant to section 53F1/2 of chapter 44 of the General Laws and referred to as the Siasconset Water Enterprise Fund and the Wannacomet Water Enterprise Fund, to the extent they are in Page 145 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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. (Board of Selectmen for Nantucket Water Commission, Siasconset Water Commission) Page 146 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 147 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions corporation or in case of failure so to agree as may be approved by the department of telecommunications and energy. Said town may enter upon any lands for the purpose of making surveys, test pits and borings, and may take or otherwise acquire the right to occupy temporarily any lands necessary for the construction of any work or for any other purpose authorized by this act. SECTION 3. The land, water rights and other property taken or acquired under this act, and all works, buildings and other structures erected or constructed under this act, shall be managed, improved and controlled by the board of water commissioners hereinafter provided for in section 8, in such manner as it shall deem for the best interest of the town. SECTION 4. Any person or corporation injured in his or its property by any action of said town or board under this act may recover damages from said town under said chapter 79; provided, that the right to damages for the taking of any water, water right, or any injury thereto, shall not vest until the water is actually withdrawn or diverted by said town under authority of this act. SECTION 5. Said town may, for the purpose of paying the necessary expenses and liabilities incurred or to be incurred under the provisions of this act, issue from time to time bonds or notes in accordance with the provisions of section 8 of chapter 44 of the General Laws. SECTION 6. Said town shall, at the time of authorizing said loan or loans, provide for the payment thereof in accordance with the provisions of section 5; and when a vote to that effect has been passed, a sum which, with the income derived from the water rates, will be sufficient to pay the annual expense of operating the water works, and the interest as it accrues on the bonds or notes issued as aforesaid, and to make such payments on the principal as may be required under the provisions of this act, shall without further vote be assessed by the town annually thereafter in the same manner as other taxes, until the debt incurred by the said loan or loans is extinguished. SECTION 7. Whoever willfully or wantonly corrupts, pollutes or diverts any of the waters taken or held under this act, or injures any structure, work or other property owned, held or used by said town under the authority and for the purposes of this act, shall forfeit and pay to said town three times the amount of damages assessed therefore, to be recovered in an action of tort; and upon conviction of any one of the above willful or wanton acts shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than one year, or both. SECTION 8. All water operations of said town shall be consolidated in department of the town to be known as the water department. All the authority granted to the town by this act, except sections 5 and 6, and not otherwise specially provided for, shall be vested in a five-member board of water commissioners, hereinafter known as the “board”. The board shall have exclusive charge and control of the water department and water system of the town, subject however to all lawful by-laws and to such instructions, rules and regulations as said town may impose by its vote. A majority of said board shall constitute a quorum for the transaction of business. Any vacancy occurring in said board shall be filled at the next annual town election for the remainder of the unexpired term and may be filled temporarily by the board of selectmen until the next annual election, in accordance with the charter of the town of Nantucket as it may be amended from time to time. Said commissioners shall serve for three- Page 148 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 149 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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. ARTICLE 76 (Home Rule Petition: Airport Fuel Revolving Fund) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto. An Act Relative to the Nantucket Memorial Airport Fuel Revolving Account Page 150 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions SECTION 1. Chapter 28 of the acts of 2004 is hereby amended by inserting at the end of section 1 the following:- This fund shall not be included in the calculation of the aggregate limit of all revolving funds authorized under section 53E½ of said chapter 44. SECTION 2. This act shall take effect upon its passage. Or to take any other action related thereto. (Board of Selectmen for Airport Commission) NOTE: The above home rule petition was approved as Article 20 of the 2012 Annual Town Meeting; Article 52 at the 2013 Annual Town Meeting; Article 82 of the 2014 Annual Town Meeting and Article 84 of the 2015 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2015, will 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 Relative to the Nantucket Memorial Airport Fuel Revolving Account SECTION 1. Chapter 28 of the acts of 2004 is hereby amended by inserting at the end of section 1 the following:- This fund shall not be included in the calculation of the aggregate limit of all revolving funds authorized under section 53E½ of said chapter 44. SECTION 2. This act shall take effect upon its passage. ARTICLE 77 (Home Rule Petition: Community Preservation Committee) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: An Act relative to the Community Preservation Committee in the Town of Nantucket Section 1. Notwithstanding the provisions of section 5(a) of chapter 44B of the general laws, or of any other general or special law to the contrary, where the historical commission of the town of Nantucket created under section 8D of chapter 40 did not exist at the time the Community Preservation Act was adopted by said town, the community preservation committee in the town of Nantucket shall include one member of the historic district commission established under section 4 of chapter 40C of the general laws, as selected by the commission, in place of one member of the historical commission. Provided, however, that the preceding sentence shall not be interpreted to preclude the town of Nantucket from including a member of said historical Page 151 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions commission on the community preservation committee either by appointment or election consistent with the then applicable community preservation committee bylaw. Section 2. This act shall take effect upon passage. Or to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 67 of the 2012 Annual Town Meeting; Article 59 of the 2013 Annual Town Meeting; Article 84 of the 2014 Annual Town Meeting and Article 85 of the 2015 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2015, will 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 relative to the Community Preservation Committee in the Town of Nantucket Section 1. Notwithstanding the provisions of section 5(a) of chapter 44B of the general laws, or of any other general or special law to the contrary, where the historical commission of the town of Nantucket created under section 8D of chapter 40 did not exist at the time the Community Preservation Act was adopted by said town, the community preservation committee in the town of Nantucket shall include one member of the historic district commission established under section 4 of chapter 40C of the general laws, as selected by the commission, in place of one member of the historical commission. Provided, however, that the preceding sentence shall not be interpreted to preclude the town of Nantucket from including a member of said historical commission on the community preservation committee either by appointment or election consistent with the then applicable community preservation committee bylaw. Section 2. This act shall take effect upon passage. ARTICLE 78 (Home Rule Petition: Increasing Residential Property Exemption) To see if the Town will vote to petition the General Court to enact a special act of the Town of Nantucket the text of which is set forth below, and that the General Court be authorized with the approval of the Board of Selectmen, to make constructive changes in the text thereof as may be necessary or advisable in order to accomplish the intent of this legislation in order to secure its passage or to take any other action related thereto. An Act Increasing The Exemption For Residential Property To 30 Percent In The Town Of Nantucket SECTION 1. Notwithstanding section 5C of chapter 59 of the General Laws or any other general or special law to the contrary, with respect to each parcel of real property classified as Page 152 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Class One, residential, in the town of Nantucket as certified by the commissioner of revenue to be assessing all local property at its full and fair cash valuation, and at the option of the board of selectmen, there shall be an exemption equal to not more than 30 per cent of the average assessed value of all Class One residential parcels within the town; provided, however, that the exemption shall be applied only to the principal residence of the taxpayer as used by the taxpayer for income tax purposes. This exemption shall be in addition to any exemptions allowable under section 5 of said chapter 59; provided, however, that the taxable valuation of the property, after all applicable exemptions, shall not be reduced to below 10 per cent of its full and fair cash valuation, except through the applicability of section 8A of chapter 58 of the General Laws and clause Eighteenth of said section 5 of said chapter 59. Where, pursuant to said section 5 of said chapter 59, the exemption is based upon an amount of tax rather than on valuation, the reduction of taxable valuation for the purposes of the preceding sentence shall be computed by dividing the amount of tax by the residential class tax rate of the city and multiplying the result by $1,000. For the purposes of this paragraph, “parcel” shall mean a unit of real property as defined by the board of assessors of the town in accordance with the deed for the property and shall include a condominium unit. SECTION 2. A taxpayer aggrieved by the failure to receive the residential exemption authorized under this act may apply for the residential exemption to the board of assessors of the town of Nantucket in writing on a form approved by the board within 3 months after the date on which the bill or notice of assessment was sent. For the purposes of this act, a timely application filed under this section shall be treated as a timely filed application pursuant to section 59 of chapter 59 of the General Laws. SECTION 3. This act shall take effect as of July 1, 2015 and shall apply to taxes levied for fiscal years beginning on or after July 1, 2015. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 86 of the 2015 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2015, will 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 Increasing The Exemption For Residential Property To 30 Percent In The Town Of Nantucket SECTION 1. Notwithstanding section 5C of chapter 59 of the General Laws or any other general or special law to the contrary, with respect to each parcel of real property classified as Class One, residential, in the town of Nantucket as certified by the commissioner of revenue to be assessing all local property at its full and fair cash valuation, and at the option of the board of selectmen, there shall be an exemption equal to not more than 30 per cent of the average assessed value of all Class One residential parcels within the town; provided, however, that the exemption shall be applied only to the principal residence of the taxpayer as used by the Page 153 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions taxpayer for income tax purposes. This exemption shall be in addition to any exemptions allowable under section 5 of said chapter 59; provided, however, that the taxable valuation of the property, after all applicable exemptions, shall not be reduced to below 10 per cent of its full and fair cash valuation, except through the applicability of section 8A of chapter 58 of the General Laws and clause Eighteenth of said section 5 of said chapter 59. Where, pursuant to said section 5 of said chapter 59, the exemption is based upon an amount of tax rather than on valuation, the reduction of taxable valuation for the purposes of the preceding sentence shall be computed by dividing the amount of tax by the residential class tax rate of the city and multiplying the result by $1,000. For the purposes of this paragraph, “parcel” shall mean a unit of real property as defined by the board of assessors of the town in accordance with the deed for the property and shall include a condominium unit. SECTION 2. A taxpayer aggrieved by the failure to receive the residential exemption authorized under this act may apply for the residential exemption to the board of assessors of the town of Nantucket in writing on a form approved by the board within 3 months after the date on which the bill or notice of assessment was sent. For the purposes of this act, a timely application filed under this section shall be treated as a timely filed application pursuant to section 59 of chapter 59 of the General Laws. SECTION 3. This act shall take effect as of July 1, 2016 and shall apply to taxes levied for fiscal years beginning on or after July 1, 2016. ARTICLE 79 (Home Rule Petition: Conveyance of Properties from County to Town) To see if the Town will vote to petition the General Court to enact a special act of the Town of Nantucket the text of which is set forth below, and that the General Court be authorized with the approval of the Board of Selectmen, to make constructive changes in the text thereof as may be necessary or advisable in order to accomplish the intent of this legislation in order to secure its passage; or to take any other action related thereto. An Act Approving the Conveyance of Property by the County of Nantucket Section1. The County of Nantucket is hereby authorized to convey the following parcels of land, owned by the County of Nantucket to the Town of Nantucket for general municipal purposes and access purposes:  Assessors Map 60 Parcel 3, Massachusetts Ave.  Assessors Map 36.2.3 Parcel 51, New York Ave.  Assessors Map 36.2.3 Parcel 54, New York Ave.  Assessors Map 36.2.3 Parcel 74, Wisconsin Ave.  Assessors Map 55.1.4 Parcel 9.1, 100 Washington St.  Assessors Map 55.1.4 Parcel 9.2, 98 Washington St.  Assessors Map 60.2.4 Parcel 5, 6 Massachusetts Ave.  Assessors Map 60.3.1 Parcel 84, 25 Massachusetts Ave.  Assessors Map 60 Parcel 160, 0 Esther Island  Assessors Map 61 Parcel 1, 0 Esther Island  Assessors Map 61 Parcel 2, 0 Esther Island Page 154 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions  A portion of Parcel P-2, shown on Plan 49-O filed at the Nantucket County Registry of Deeds, adjacent to 121 Washington Street. Section 2. The provision of Chapter 30B of the Massachusetts General Laws and any rights of first refusal in the Commonwealth under the provisions of Section 14 of Chapter 34 of the Massachusetts General Laws shall not be applicable to any conveyance authorized hereunder. Section 3. This Act shall take effect upon passage. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 87 of the 2015 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2015, will 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, 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, that the General Court with the approval of the Board of Selectmen, make constructive changes in the text thereof as may be necessary or advisable in order to accomplish the intent of this legislation in order to secure its passage, as follows: An Act Approving the Conveyance of Property by the County of Nantucket Section1. The County of Nantucket is hereby authorized to convey the following parcels of land, owned by the County of Nantucket to the Town of Nantucket for general municipal purposes and access purposes:  Assessors Map 60 Parcel 3, Massachusetts Ave.  Assessors Map 36.2.3 Parcel 51, New York Ave.  Assessors Map 36.2.3 Parcel 54, New York Ave.  Assessors Map 36.2.3 Parcel 74, Wisconsin Ave.  Assessors Map 55.1.4 Parcel 9.1, 100 Washington St.  Assessors Map 55.1.4 Parcel 9.2, 98 Washington St.  Assessors Map 60.2.4 Parcel 5, 6 Massachusetts Ave.  Assessors Map 60.3.1 Parcel 84, 25 Massachusetts Ave.  Assessors Map 60 Parcel 160, 0 Esther Island  Assessors Map 61 Parcel 1, 0 Esther Island  Assessors Map 61 Parcel 2, 0 Esther Island  A portion of Parcel P-2, shown on Plan 49-O filed at the Nantucket County Registry of Deeds, adjacent to 121 Washington Street. Section 2. The provision of Chapter 30B of the Massachusetts General Laws and any rights of first refusal in the Commonwealth under the provisions of Section 14 of Chapter 34 of the Massachusetts General Laws shall not be applicable to any conveyance authorized hereunder. Section 3. This Act shall take effect upon passage. Page 155 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 80 (Home Rule Petition: Real Estate Conveyances to Nantucket Islands Land Bank and Madaket Conservation Land Trust (MCLT)) 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 “2016 Annual Town Meeting Warrant Article 80” dated January, 2016 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 or the MCLT; 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 AND MADAKET CONSERVATION LAND TRUST 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 for open space, recreational or conservation purposes and described as follows:  Assessors Map 39, Parcel 8, Eel Point Road;  Assessors Map 32, Parcel 23, 43 Eel Point Road;  Assessors Map 33, Parcel 10, Eel Point Road;  Assessors Map 67, Parcel 345, 1 Miacomet Road;  Assessors Map 67, Parcel 681, 3 Miacomet Road;  Assessors Ma9 67, Parcel 346, 9 Miacomet Road;  Assessors Map 59, Parcel 28, 2 Long Pond Drive;  Assessors Map 41, Parcel 29, 48 Cliff Road;  Proprietors Road, Parcels 1, 2 and 3, on Plan 2014-64, Off Hummock Pond 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 “2016 Annual Town Meeting Warrant Article 80” dated January, 2016 and filed with the Office of the Town Clerk. Section 2. Pursuant to Article 97 of the Amendments to the Massachusetts Constitution and notwithstanding the provisions of any general or special law to the contrary, the Town of Page 156 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Nantucket may transfer, sell, convey or otherwise dispose of a certain parcel of land situated in the Town of Nantucket to the Madaket Land Conservation Trust for open space, recreational and conservation purposes and described as follows:  Assessors Map 60, Parcel 19, 3 Baltimore Street Section 3. This act shall take effect upon its passage. Or to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 88 of the 2015 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2015, will 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, 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 “2016 Annual Town Meeting Warrant Article 80” dated January, 2016 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 or the MCLT; 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 AND MADAKET CONSERVATION LAND TRUST 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 for open space, recreational or conservation purposes and described as follows:  Assessors Map 39, Parcel 8, Eel Point Road;  Assessors Map 32, Parcel 23, 43 Eel Point Road;  Assessors Map 33, Parcel 10, Eel Point Road;  Assessors Map 67, Parcel 345, 1 Miacomet Road;  Assessors Map 67, Parcel 681, 3 Miacomet Road; Page 157 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions  Assessors Ma9 67, Parcel 346, 9 Miacomet Road;  Assessors Map 59, Parcel 28, 2 Long Pond Drive;  Assessors Map 41, Parcel 29, 48 Cliff Road;  Proprietors Road, Parcels 1, 2 and 3, on Plan 2014-64, Off Hummock Pond 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 “2016 Annual Town Meeting Warrant Article 80” dated January, 2016 and filed with the Office of the Town Clerk. Section 2. Pursuant to Article 97 of the Amendments to the Massachusetts Constitution 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 to the Madaket Land Conservation Trust for open space, recreational and conservation purposes and described as follows:  Assessors Map 60, Parcel 19, 3 Baltimore Street Section 3. This act shall take effect upon its passage. ARTICLE 81 (Home Rule Petition: Real Estate Conveyances from Nantucket Islands Land Bank to Town of Nantucket) 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 owned by the Nantucket Islands Land Bank and held for open space, recreational or conservation purposes, as described in more detail below and as shown on a map entitled “2016 Annual Town Meeting Warrant Article 81/Land Bank-School Land Transfer Proposal” dated January, 2016 and filed with the Office of the Town Clerk, to the Town of Nantucket to be administered by the Nantucket School Department for recreational 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; AN ACT AUTHORIZING THE NANTUCKET ISLANDS LAND BANK TO CONVEY CERTAIN LAND HELD FOR OPEN SPACE, RECREATIONAL OR CONSERVATION PURPOSES TO THE TOWN OF NANTUCKET 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 Nantucket Islands Land Bank 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, recreational or conservation purposes and described as follows: Page 158 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions -- Assessor’s Map 67, Parcel 481 -- Assessor’s Map 67, Parcel 121 -- Assessor’s Map 67, Parcel 400 -- Assessor’s Map 67, Parcel 401 -- Assessor’s Map 67, Parcel 402 -- Assessor’s Map 67, Parcel 398 -- Assessor’s Map 67, Parcel 397 -- Assessor’s Map 67, Parcel 396 -- Assessor’s Map 67, Parcel 395 -- Assessor’s Map 67, Parcel 394 -- A portion of Pilot Whale Lane abutting the parcels described above. Section 2. This act shall take effect upon its passage. Or to take any other action related thereto. (Board of Selectmen for Nantucket Islands Land Bank) NOTE: The above home rule petition was approved as Article 6 of the November 9, 2015 Special Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2015, will 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, 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 “2016 Annual Town Meeting Warrant Article 81” dated January, 2016 and filed with the Office of the Town Clerk, to the Town of Nantucket; and further to authorize the Nantucket Islands Land Bank to convey the respective parcels described below to the Town of Nantucket to be administered by the Nantucket School Department for recreational 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: AN ACT AUTHORIZING THE NANTUCKET ISLANDS LAND BANK TO CONVEY CERTAIN LAND HELD FOR OPEN SPACE, RECREATIONAL OR CONSERVATION PURPOSES TO THE TOWN OF NANTUCKET 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 Nantucket Islands Land Bank 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, recreational or conservation purposes and described as follows: Page 159 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions -- Assessor’s Map 67, Parcel 481 -- Assessor’s Map 67, Parcel 121 -- Assessor’s Map 67, Parcel 400 -- Assessor’s Map 67, Parcel 401 -- Assessor’s Map 67, Parcel 402 -- Assessor’s Map 67, Parcel 398 -- Assessor’s Map 67, Parcel 397 -- Assessor’s Map 67, Parcel 396 -- Assessor’s Map 67, Parcel 395 -- Assessor’s Map 67, Parcel 394 -- A portion of Pilot Whale Lane abutting the parcels described above. Section 2. This act shall take effect upon its passage. ARTICLE 82 (Home Rule Petition: Community Housing and Sewer Funding) 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 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 Page 160 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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 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 per cent (1%) 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. Page 161 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 162 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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 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. Page 163 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (b) Schedules of beneficiaries of trusts, list of stockholders of corporations and lists of partnerships filed with the Trust Fund for the purpose of determining or fixing the amount of the fee imposed under section ten or for the purpose of determining the existence of any exemption under section twelve shall not be public records for the purposes of section ten of chapter sixty-six of the General Laws. SECTION 6. A seller who fails to pay all or any portion of the fee established by section two on or before the time when the same is due shall be liable for the following additional payments in addition to said fee: (a) Interest: The seller shall pay interest on the unpaid amount of the fee to be calculated from the time of transfer at a rate equal to fourteen per cent per annum. (b) Penalties: Any person who, without fraud or willful intent to defeat or evade a fee imposed by this chapter, fails to pay all or a portion of the fee within thirty days after the time of transfer, shall pay a penalty equal to five per cent of the outstanding fee as determined by the Town for each month or portion thereof thereafter that the fee is not paid in full; provided, however, that in no event shall the amount of any penalty imposed hereunder exceed twenty-five per cent of the unpaid fee due at the time of transfer. Whenever the Town determines that all or a portion of a fee due under this chapter was unpaid due to fraud with intent to defeat or evade the fee imposed by this chapter, a penalty equal to the amount of said fee as determined by the Town shall be paid by the seller in addition to said fee. SECTION 7. (a) The Town shall notify the purchaser and the seller by registered or certified mail of any failure to discharge in full the amount of the fee due under this Act and any penalty or interest assessed. The Town shall grant a hearing on the matter of the imposition of said fee, or of any penalty or interest assessed, if a petition requesting such hearing is received by the Town within thirty days after the mailing of said notice. The Town shall notify the purchaser and the seller in writing by registered or certified mail of its determination concerning the deficiency, penalty or interest within fifteen days after said hearing. Any party aggrieved by a determination of the Town concerning a deficiency, penalty or interest may, after payment of said deficiency, appeal to the district or superior court within three months after the mailing of notification of the determination of the Town. Upon the failure to timely petition for a hearing, or appeal to said courts, within the time limits hereby established, the purchaser and seller shall be bound by the terms of the notification, assessment or determination, as the case may be, and shall be barred from contesting the fee, and any interest and penalty, as determined by the Town. All decisions of said courts shall be appealable. Every notice to be given under this section by the Town shall be effective if mailed by certified or registered mail to the purchaser or the seller at the address stated in a recorded or registered instrument by virtue of which the purchaser holds any interest in land, the transfer of which gives rise to the fee which is the subject of such notice; and if no such address is stated or if such transfer is not evidenced by an instrument recorded or registered in the public records in Nantucket County, such notice shall be effective when so mailed to the purchaser or seller in care of any person appearing of record to have a fee interest in such land, at the address of such person as set forth in an instrument recorded or registered in Nantucket County. (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 Page 164 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions proceeding shall be subject to the provisions of chapter two hundred and sixty of the General Laws. (c) If any seller liable to pay the fee established by this act neglects or refuses to pay the same, the amount, including any interest and penalty thereon, shall be a lien in favor of the Town upon all property and rights to property, whether real or personal, belonging to either such purchaser or such seller. Said lien shall arise at the time of transfer and shall continue until the liability for such amount is satisfied. Said lien shall in any event terminate not later than six years following the time of transfer. Said lien shall not be valid as against any mortgagee, pledgee, purchaser or judgment creditor unless notice thereof has been filed by the Town (i) with respect to real property or fixtures, in the registry of deeds for Nantucket County, or (ii) with respect to personal property, in the office in which a security or financing statement or notice with respect to the property would be filed in order to perfect a nonpossessory security interest belonging to the person named in the relevant notice, subject to the same limitations as set forth in section fifty of chapter sixty-two C of the General Laws. (d) Sellers applying for an exemption under subsections (a) through (o) of section four shall be required at the time of application for exemption to execute an agreement legally binding on sellers and separately legally binding upon any Legal Representative of the sellers (1) assuming complete liability for any fee, plus interest and penalties if any, waived on account of an allowed exemption subsequently determined to have been invalid, and (2) submitting to the jurisdiction of the trial court of the commonwealth sitting in Nantucket County. Fees, plus interest and penalties if any, shall be calculated as of the date of the initial property transfer. Execution of the above-described agreement shall not be required of any mortgagee, pledge, purchaser or judgment creditor unless notice of the agreement has been recorded or filed by the Town. In any case where there has been a refusal or neglect to pay any fee, interest or penalties imposed by this act, whether or not levy has been made, the Town, in addition to other modes of relief, may direct a civil action to be filed in a district or superior court of the commonwealth to enforce the lien of the Town under this section with respect to such liability or to subject any property of whatever nature, of the delinquent, or in which he has any right, title or interest, to the payment of such liability. The Town may issue a waiver or release of any lien imposed by this section. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished. SECTION 8. The provisions of this act are severable, and if any provision hereof, including without limitation any exemption from the fee imposed hereby, shall be held invalid in any circumstances such invalidity shall not affect any other provisions or circumstances. This act shall be construed in all respects so as to meet all constitutional requirements. In carrying out the purposes and provisions of this act, all steps shall be taken which are necessary to meet constitutional requirements whether or not such steps are required by statute. 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 Page 165 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce the legislation set forth below and that the General Court be authorized, with the approval of the Board of Selectmen, to make constructive changes in the text thereof as may be necessary or advisable in order to accomplish the intent of this legislation in order to secure its passage: An Act Authorizing the Town of Nantucket to Impose a Real Estate Transfer Fee for Affordable and Workforce Housing SECTION 1. For purposes of this act, the words and phrases set forth in this section shall have the following meanings: “Affordable Housing Restriction" is a recorded instrument held by a qualified holder which encumbers and/or restricts a real property interest so that the real property interest is perpetually or for a term of at least thirty (30) years limited to use as a residence occupied by a low or moderate income household which earns less than a specified income level, the upper limit of which may not exceed one hundred seventy-five percent (175%) of the Nantucket median income. A “qualified holder” is a governmental body or charitable corporation or trust which qualifies under the terms of Massachusetts General Laws Chapter 184 (“Chapter 184”) to hold an affordable housing restriction. Without limiting the generality of the foregoing, “Affordable Housing Restriction” includes but is not limited to any instrument which conforms to the requirements of (i) a Nantucket Housing Needs Covenant as described in Chapter 301 of the Acts of 2002 and defined in the Town of Nantucket Code. "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 Page 166 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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 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 per cent (1%) 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 in the Affordable Housing Trust Fund. 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. Page 167 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions SECTION 3. At any time within seven days following the issuance of the certificate of payment of the fee imposed by section two, the seller or his legal representative may return said certificate to the Town or its designee for cancellation, together with an affidavit signed under oath or under the pains and penalties of perjury that the transfer, with respect to which such certificate was issued, has not been consummated, and thereupon the fee paid with respect to such transfer shall be forthwith returned to the seller or his legal representative. SECTION 4. The following transfers of real property interests shall be exempt from the fee established by section 10. Except as otherwise provided, the seller shall have the burden of proof that any transfer is exempt under this section and any otherwise exempt transfer shall not be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by Section 10. (a) Transfers to the government of the United States, the commonwealth, and any of their instrumentalities, agencies or subdivisions, including but not limited to transfers to the Town of Nantucket, the County of Nantucket. (b) Transfers which, without additional consideration, confirm, correct, modify or supplement a transfer previously made. (c) Transfers made as gifts without consideration. In any proceedings to determine the amount of any fee due hereunder, it shall be presumed that any transfer for consideration of less than fair market value of the real property interest transferred was made as a gift without consideration to the extent of the difference between the fair market value of the real property interest transferred and the amount of consideration claimed by the seller to have been paid or transferred, if the purchaser shall have been at the time of transfer the spouse, the lineal descendant, or the lineal ancestor of the seller, by blood or adoption, and otherwise it shall be presumed that consideration was paid in an amount equal to the fair market value of the real property interest transferred, at the time of transfer. (d) Transfer to the trustees of a trust in exchange for a beneficial interest received by the purchaser in such trust; distributions by the trustees of a trust to the beneficiaries of such trust. (e) Transfers by operation of law without actual consideration, including but not limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property interest. (f) Transfers made in partition of land and improvements thereto, under chapter two hundred and forty-one of the General Laws. (g) Transfers to any charitable organization as defined in clause Third of section five of chapter fifty-nine of the General Laws, or any religious organization, provided that the real property interest so transferred will be held by the charitable or religious organization solely for its public charitable or religious purposes. (h) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and transfers of the property subject to a mortgage to the mortgagee in consideration of the forbearance of the mortgagee from foreclosing said mortgage. (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 Page 168 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions formation rights in capital interests and profit interests within such partnership or limited liability company which are equivalent to the interest the transferor held prior to the transfer. (j) Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property received) which is the same fraction of the total property of the transferor corporation as the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives property (including real property interests and other property received) which is the same fraction of the property of the partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the transferee. (k) Transfers consisting of the division of marital assets under the provisions of section thirty-four of chapter two hundred and eight of the General Laws or other provisions of law. (l) Transfers of property consisting in part of real property interests situated in Nantucket County and in part of other property interests, to the extent that the property transferred consists of property other than real property situated in Nantucket county; provided that the purchaser shall furnish the Town with such information as it shall require or request in support of the claim of exemption and manner of allocation of the consideration for such transfers. (m) The first $2 million of the sale price of any transfer or series of transfers of real property interests in a single transaction. Said exemption may be adjusted as determined by the affirmative vote of two-thirds of voters at an annual or special town meeting. (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 time of transfer, shall pay a penalty equal to five per cent of the outstanding fee as determined by the Page 169 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions 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 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. Page 170 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (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 fee described by Section 2 shall be of ten-year duration from the date this legislation take effect. This fee may continue for five-year periods by a majority vote at Town Meeting reauthorizing the fee. The fee described by Section 2 may be 1) decreased, or 2) eliminated by a two-thirds vote of Town Meeting. The threshold exemption described in Section 4 (m) may similarly be raised by an affirmative two-thirds vote of Town Meeting. In the event that Town Meeting does not renew the fee at the ten-year anniversary, or any subsequent five year anniversary, or Town Meeting votes to eliminate the fee, the balance of any fees previously collected shall be transferred to the Town of Nantucket and held by the Treasurer in a separate account, and shall first be used to satisfy any outstanding liabilities or obligations incurred by the Town of Nantucket or the Affordable Housing Trust as a result of imposition of the fee, and the remainder may be expended without further appropriation by the Board of Selectmen for affordable housing purposes. In the event that the liabilities and obligations of the Town of Nantucket or the Affordable Housing Trust exceed the amounts transferred to the Town, the fee shall remain in full force and effect until such liabilities and obligations have been satisfied. SECTION 9. 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 10. If the Town has determined that a fee is due by asserting the application of the evasion of fee doctrine described in Section 2, 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 Page 171 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions avoidance of the fee set forth in Section 2 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 2 to be thereby avoided. SECTION 11. This act shall take effect ninety (90) days following the date of passage. ARTICLE 83 (Home Rule Petition: Retired Police Officers to Serve as Special Police Officers) 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 and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in the text thereof 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 APPOINTMENT OF RETIRED POLICE OFFICERS IN THE TOWN OF NANTUCKET TO SERVE AS SPECIAL POLICE OFFICERS 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. The chief of police in the Town of Nantucket, as the appointing authority, may appoint as he/she deems necessary, retired police officers as special police officers for the purpose of performing police details or performing any police duties arising from those police details or arising during the course of police detail work, whether or not related to the detail work. The retired police officers must have been regular police officers and retired, based on superannuation. The special police officers shall not be subject to the maximum age restrictions applied to regular police officers under chapter 32 of the General Laws, but shall not be eligible to serve as special police officers if they have reached the age of 70. A special police officer must pass a medical examination by a physician or other certified professional chosen by the Town to determine that he/she is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer prior to performing police details. SECTION 2. Special police officers, appointed under this act, shall not be subject to chapter 31 of the General Laws or sections 99, 100 or 111F or of chapter 41 of the General Laws. Or section 85H of chapter 23 of the General Laws. Special police officers appointed under this act shall be subject to chapter 151A of the General Laws. SECTION 3. Special police officers shall, when performing their duties under section 1, have the same powers to make arrests and perform other functions as do regular police officers in the Town of Nantucket. SECTION 4. Special police officers shall be appointed for an indefinite term, subject to removal by the Chief of Police of the Town of Nantucket at any time with 14 days’ written notice. Upon request, the Police Chief shall provide reasons for removal in writing. Page 172 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions SECTION 5. Special police officers shall be subject to the rules and regulations, policies and procedures and requirements of the police department and chief of police of the Town of Nantucket, including restrictions on the type of detail assignment, requirements regarding medical examinations to determined continued capacity to perform the duties of a special police officer, requirements for training, requirements for firearm licensing and qualification and requirements regarding uniforms and equipment. Special police officers shall not be subject to section 96B of chapter 41 of the General Laws. SECTION 6. Special police officers shall be sworn in before the Town Clerk of the Town of Nantucket who shall keep a record of all such appointments. SECTION 7. An individual who is appointed as a special police officer under this act shall be eligible for assignment to any detail. SECTION 8. Retired police officers in the Town of Nantucket serving as special police officers under this act shall be subject to the limitations on hours worked and on payments to retired Town employees under subjection (b) of section 91of chapter 32 of the General Law. SECTION 9. 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 special legislation seeking a special act in the form set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in the text thereof as may be necessary or advisable in order to accomplish the intent of this legislation in order to secure passage: AN ACT AUTHORIZING THE APPOINTMENT OF RETIRED POLICE OFFICERS IN THE TOWN OF NANTUCKET TO SERVE AS SPECIAL POLICE OFFICERS 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. The chief of police in the Town of Nantucket, as the appointing authority, may appoint as he/she deems necessary, retired police officers as special police officers for the purpose of performing police details or performing any police duties arising from those police details or arising during the course of police detail work, whether or not related to the detail work. The retired police officers must have been regular police officers and retired, based on superannuation. The special police officers shall not be subject to the maximum age restrictions applied to regular police officers under chapter 32 of the General Laws, but shall not be eligible to serve as special police officers if they have reached the age of 70. A special police officer must pass a medical examination by a physician or other certified professional chosen by the Town to determine that he/she is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer prior to performing police details. Page 173 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions SECTION 2. Special police officers, appointed under this act, shall not be subject to chapter 31 of the General Laws or sections 99, 100 or 111F or of chapter 41 of the General Laws. Or section 85H of chapter 23 of the General Laws. Special police officers appointed under this act shall be subject to chapter 151A of the General Laws. SECTION 3. Special police officers shall, when performing their duties under section 1, have the same powers to make arrests and perform other functions as do regular police officers in the Town of Nantucket. SECTION 4. Special police officers shall be appointed for an indefinite term, subject to removal by the Chief of Police of the Town of Nantucket at any time with 14 days’ written notice. Upon request, the Police Chief shall provide reasons for removal in writing. SECTION 5. Special police officers shall be subject to the rules and regulations, policies and procedures and requirements of the police department and chief of police of the Town of Nantucket, including restrictions on the type of detail assignment, requirements regarding medical examinations to determined continued capacity to perform the duties of a special police officer, requirements for training, requirements for firearm licensing and qualification and requirements regarding uniforms and equipment. Special police officers shall not be subject to section 96B of chapter 41 of the General Laws. SECTION 6. Special police officers shall be sworn in before the Town Clerk of the Town of Nantucket who shall keep a record of all such appointments. SECTION 7. An individual who is appointed as a special police officer under this act shall be eligible for assignment to any detail. SECTION 8. Retired police officers in the Town of Nantucket serving as special police officers under this act shall be subject to the limitations on hours worked and on payments to retired Town employees under subjection (b) of section 91of chapter 32 of the General Law. SECTION 9. This act shall take effect upon its passage. ARTICLE 84 (Home Rule Petition: Land Bank Act Amendment) To see if the Town will vote to request its representatives in the General Court to introduce legislation amending the Nantucket Islands Land Bank Act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen to make constructive changes in the text thereof 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 NANTUCKET ISLANDS LAND BANK ACT Be it enacted by the Senate and the House of Representatives in General Court assembled, and by the authority of the same, as follows: Page 174 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions The Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370 of the Acts of 2002, by chapter 130 of the Acts of 2006 and by chapter 354 of the Acts of 2010, referred to collectively as the "Land Bank Act") is hereby amended as follows: (a) The definition of "Affordable Housing Restriction" shall be added to Section 1 of the Land Bank Act between the preamble and the definition of “Commission”, as follows: "Affordable Housing Restriction" is a recorded instrument held by a qualified holder which encumbers and/or restricts a real property interest so that the real property interest is perpetually or for a term of at least thirty (30) years limited to use as a residence occupied by a low or moderate income household which earns less than a specified income level, the upper limit of which may not exceed one hundred seventy-five percent (175%) of the Nantucket median income. A “qualified holder” is a governmental body or charitable corporation or trust which qualifies under the terms of Massachusetts General Laws Chapter 184 (“Chapter 184”) to hold an affordable housing restriction as defined in Chapter 184. Without limiting the generality of the foregoing, “Affordable Housing Restriction” includes 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 from time to time in the Town of Nantucket Code, or (ii) an affordable housing restriction complying with the definition and other requirements stated in Massachusetts General Laws Chapter 184.” (b) The following Subsection (-o-) shall be inserted at the end of Section 12 of the Land Bank Act: “(-o-) Transfer of a real property interest which is subject to and used consistent with an Affordable Housing Restriction; provided that the Affordable Housing Restriction has a term remaining at the time of the Transfer of five (5) or more years; and provided further the purchaser shall make the real property interest which is the subject of the transfer the purchaser's actual domicile within two (2) years of the time of transfer, and shall remain permanently or for an indefinite time and without any certain purpose to return to a former place of abode for a period lasting at least to the fifth (5th) anniversary of the transfer. Notwithstanding the foregoing, if the real property interest is transferred again within five (5) years and the later transfer complies with this Exemption “O”, no fee, interest or penalties will be due. In the event that the holder of an Affordable Housing Restriction determines within five (5) years of the transfer that the real property interest to which it pertains is not being used consistent with the requirements of the Affordable Housing Restriction, or in the event of a later transfer within five (5) years which does not comply with this Exemption “O”, the fee exempted hereunder shall become due, together with the accumulated interest and penalties calculated from the date of the transfer exempted hereunder. The purchaser shall certify as to the foregoing, and the Commission shall attach to the deed a certificate which shall recite the fact that there is running with the land a lien equal to the amount of the fee exempted plus accumulated interest and penalties until such time as all conditions of this subsection have been met. Or to take any other action related thereto. Page 175 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen for Nantucket Islands Land Bank Commission) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation amending the Nantucket Islands Land Bank Act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen to make constructive changes in the text thereof as may be necessary or advisable in order to accomplish the intent of this legislation in order to secure passage: AN ACT AMENDING THE NANTUCKET ISLANDS LAND BANK ACT Be it enacted by the Senate and the House of Representatives in General Court assembled, and by the authority of the same, as follows: The Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370 of the Acts of 2002, by chapter 130 of the Acts of 2006 and by chapter 354 of the Acts of 2010, referred to collectively as the "Land Bank Act") is hereby amended as follows: (a) The definition of "Affordable Housing Restriction" shall be added to Section 1 of the Land Bank Act between the preamble and the definition of “Commission”, as follows: "Affordable Housing Restriction" is a recorded instrument held by a qualified holder which encumbers and/or restricts a real property interest so that the real property interest is perpetually or for a term of at least thirty (30) years limited to use as a residence occupied by a low or moderate income household which earns less than a specified income level, the upper limit of which may not exceed one hundred seventy-five percent (175%) of the Nantucket median income. A “qualified holder” is a governmental body or charitable corporation or trust which qualifies under the terms of Massachusetts General Laws Chapter 184 (“Chapter 184”) to hold an affordable housing restriction as defined in Chapter 184. Without limiting the generality of the foregoing, “Affordable Housing Restriction” includes 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 from time to time in the Town of Nantucket Code, or (ii) an affordable housing restriction complying with the definition and other requirements stated in Massachusetts General Laws Chapter 184.” (b) The following Subsection (-o-) shall be inserted at the end of Section 12 of the Land Bank Act: “(-o-) Transfer of a real property interest which is subject to and used consistent with an Affordable Housing Restriction; provided that the Affordable Housing Restriction has a term remaining at the time of the Transfer of five (5) or more years; and provided further the purchaser shall make the real property interest which is the subject of the transfer the purchaser's actual domicile within two (2) years of the time of transfer, and shall remain permanently or for an indefinite time and without any certain purpose to return to a former place of abode for a period lasting at least to the fifth (5th) anniversary of the transfer. Notwithstanding the foregoing, if the real property interest is transferred again within five (5) years and the later transfer complies with this Exemption “O”, no fee, interest or penalties will Page 176 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions be due. In the event that the holder of an Affordable Housing Restriction determines within five (5) years of the transfer that the real property interest to which it pertains is not being used consistent with the requirements of the Affordable Housing Restriction, or in the event of a later transfer within five (5) years which does not comply with this Exemption “O”, the fee exempted hereunder shall become due, together with the accumulated interest and penalties calculated from the date of the transfer exempted hereunder. The purchaser shall certify as to the foregoing, and the Commission shall attach to the deed a certificate which shall recite the fact that there is running with the land a lien equal to the amount of the fee exempted plus accumulated interest and penalties until such time as all conditions of this subsection have been met. ARTICLE 85 (Town Charter Amendment: Town Clerk) To see if the Town will vote pursuant to the provisions of G.L. c.43B, §10 to amend the Town Charter to change the position of Town Clerk from elected to appointed by revising the provisions of Article III, Section 3.4, Selectmen Powers as to Appointments, Article IV, Section 4.4, Town Administration Departments, Article IV, Section 4.7, Town Clerk, Article IV, Section 6.6, Time of Taking Effect, all as set forth below: Article III, Board of Selectmen, Section 3.4(a)(2), Board of Selectmen Appointments – To appoint Town Counsel, Town Clerk and registrars of voters and other election officials (upon the recommendation of the Town Clerk), also other Town officers and employees to the extent so permitted to them by this Charter; Article IV, Town Administration, Section 4.4(a), Town Administration Departments - The Town Administration shall include the Building, Finance, Fire, Health, Island Home, Marine and Coastal Resources, Police, Public Works, Town Clerk, and Visitors Services departments; provided, however, that nothing in this Charter mandates the continued existence of any such Town Administration department or continuance of a department name or function.` Article IV, Town Administration, Section 4.7, Town Clerk – Delete said section in its entirety and renumber the remaining sections in Article IV accordingly. Article VI, General Provisions, Section 6.6, Time of Taking Effect – Delete the text thereof in its entirety and insert the following new text: The Charter amendments approved at the 2016 Annual Town Meeting shall take effect upon approval of the voters at the 2017 Annual Town Election; provided, however, that the then-incumbent elected Town Clerk shall serve out the remainder of the elected term, subject to her sooner resignation, recall or retirement. Upon the expiration of said term or sooner vacating of office, the position of elected Town Clerk shall be abolished and the Town Clerk shall thereafter be appointed position in accordance with Section 3.4(a)(2) of this Charter. Or to take any other action in related thereto. (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) Page 177 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (Joseph T. Grause, Jr., et al) FINANCE COMMITTEE MOTION: Moved that pursuant to the provisions of G.L. c.43B, §10 that the Town Charter be amended to change the position of Town Clerk from elected to appointed by revising the provisions of Article III, Section 3.4, Selectmen Powers as to Appointments, Article IV, Section 4.4, Town Administration Departments, Article IV, Section 4.7, Town Clerk, Article IV, Section 6.6, Time of Taking Effect, all as set forth below: Article III, Board of Selectmen, Section 3.4(a)(2), Board of Selectmen Appointments – To appoint Town Counsel, Town Clerk and registrars of voters and other election officials (upon the recommendation of the Town Clerk), also other Town officers and employees to the extent so permitted to them by this Charter; Article IV, Town Administration, Section 4.4(a), Town Administration Departments - The Town Administration shall include the Building, Finance, Fire, Health, Island Home, Marine and Coastal Resources, Police, Public Works, Town Clerk, and Visitors Services departments; provided, however, that nothing in this Charter mandates the continued existence of any such Town Administration department or continuance of a department name or function.` Article IV, Town Administration, Section 4.7, Town Clerk – Delete said section in its entirety and renumber the remaining sections in Article IV accordingly. Article VI, General Provisions, Section 6.6, Time of Taking Effect – Delete the text thereof in its entirety and insert the following new text: The Charter amendments approved at the 2016 Annual Town Meeting shall take effect upon approval of the voters at the 2017 Annual Town Election; provided, however, that the then-incumbent elected Town Clerk shall serve out the remainder of the elected term, subject to her sooner resignation, recall or retirement. Upon the expiration of said term or sooner vacating of office, the position of elected Town Clerk shall be abolished and the Town Clerk shall thereafter be appointed position in accordance with Section 3.4(a)(2) of this Charter. (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) Quantum of vote required for passage of the motion is 2/3 ARTICLE 86 (Home Rule Petition: Amendment of the Town of Nantucket Charter) To see if the Town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Town of Nantucket Charter, Chapter 289 of the Acts of 1996, as set forth below, and to authorize the General Court, with the approval of the Board of Selectmen of the Town, to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectmen and General Court to vary the specific text of the requested legislation within the scope of the general public objectives of this home rule petition, such legislation to read substantially as follows: Page 178 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions AN ACT AMENDING THE TOWN OF NANTUCKET CHARTER TO IMPOSE TERM LIMITS 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. Article III of the Town of Nantucket Charter, Chapter 289 of the Acts of 1996, shall be amended by inserting after Section 3.5 the following: Section 3.6 – Term Limits An elected or appointed member of any multiple member town board, whether created under the general laws, a special act, this charter or the bylaws of the Town, shall not serve on that town board for more than three consecutive terms. For the purposes of this section, service to complete the term of another member shall constitute service for one term if the balance of said term being completed is more than fifty percent of the original term. A person who has been prohibited from serving on a town board by this section may be reelected or reappointed to that board after one year has elapsed from the ending date of his or her previous service on that board. SECTION 2. This act shall take effect upon its passage. Or to take any other action related thereto. (Robert R. DeCosta, et al) FINANCE COMMITTEE MOTION: Moved that Nantucket’s representatives in the General Court be requested to introduce legislation amending the Town of Nantucket Charter, Chapter 289 of the Acts of 1996, as set forth below, and to authorize the General Court, with the approval of the Board of Selectmen of the Town, to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectmen and General Court to vary the specific text of the requested legislation within the scope of the general public objectives of this home rule petition, such legislation to read substantially as follows: AN ACT AMENDING THE TOWN OF NANTUCKET CHARTER TO IMPOSE TERM LIMITS 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. Article III of the Town of Nantucket Charter, Chapter 289 of the Acts of 1996, shall be amended by inserting after Section 3.5 the following: Section 3.6 – Term Limits An elected or appointed member of any multiple member town board, whether created under the general laws, a special act, this charter or the bylaws of the Town, shall not serve on that town board for more than three consecutive terms. For the purposes of this section, service to complete the term of another member shall constitute service for Page 179 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions one term if the balance of said term being completed is more than fifty percent of the original term. A person who has been prohibited from serving on a town board by this section may be reelected or reappointed to that board after one year has elapsed from the ending date of his or her previous service on that board. SECTION 2. This act shall take effect upon its passage. Quantum of vote required for passage of the motion is 2/3 ARTICLE 87 (Real Estate Acquisition: Airport Property) To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent domain, gift or purchase the fee interest in the property described in the Order of Taking dated March 11, 1958 recorded with Nantucket County Registry of Deeds in Book 117, Page 551 and Order of Taking dated March 31, 1958 recorded with said Deeds in Book 117, Page 547 for airport purposes and to confirm the original Orders of Taking; and the property described on Certificate of Title No 3808; and, further to authorize the Board of Selectmen to convey or otherwise dispose of the fee or lesser interests of all or any portion of the above described land to the Airport Commission, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which shall include the reservation of easements and restrictions on said land; As shown on a map entitled “2016 Annual Town Meeting Warrant Article 87 Airport Property” dated January, 2016 and filed herewith at the office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by eminent domain, gift or purchase the fee interest in the property described in the Order of Taking dated March 11, 1958 recorded with Nantucket County Registry of Deeds in Book 117, Page 551 and Order of Taking dated March 31, 1958 recorded with said Deeds in Book 117, Page 547 for airport purposes and to confirm the original Orders of Taking; and the property described on Certificate of Title No 3808; and, further to authorize the Board of Selectmen to convey or otherwise dispose of the fee or lesser interests of all or any portion of the above described land to the Airport Commission, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which shall include the reservation of a “One Big Beach” easement and may include the reservation of any other easements and restrictions on said land. As shown on a map entitled “2016 Annual Town Meeting Warrant Article 87 Airport Property” dated January, 2016. ARTICLE 88 (Real Estate Acquisition/Conveyance of Parcels: Tom Nevers Head) To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent domain, gift or purchase, the fee interest in the following property together with all appurtenant Page 180 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions easements, for recreational and conservation purposes; and further to authorize the Board of Selectmen to convey sell or dispose of the fee or any lesser interests in all or any portion of the land identified below to the Nantucket Islands Land Bank subject to MGL 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; Lots 6A and 6C shown on a plan of land entitled “Property at Tom Nevers Head, Nantucket Island, Massachusetts,” dated January 9, 1980, prepared by Schofield Brothers, Inc. recorded with Nantucket County Registry of Deeds as Plan File 8E; and Lot 6B as shown on said Plan, which is also shown as Lot 17 on Land Court Plan No. 9595J, together with the Southerly portion of Tom Nevers Pond as is included with the land described herein and as may be permissible by law; Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by eminent domain, gift or purchase, the fee interest in the following property together with all appurtenant easements, for recreational and conservation purposes; and further to authorize the Board of Selectmen to convey sell or dispose of the fee or any lesser interests in all or any portion of the land identified below to the Nantucket Islands Land Bank subject to MGL 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: Lots 6A and 6C shown on a plan of land entitled “Property at Tom Nevers Head, Nantucket Island, Massachusetts,” dated January 9, 1980, prepared by Schofield Brothers, Inc. recorded with Nantucket County Registry of Deeds as Plan File 8E; and Lot 6B as shown on said Plan, which is also shown as Lot 17 on Land Court Plan No. 9595J, together with the Southerly portion of Tom Nevers Pond as is included with the land described herein and as may be permissible by law. ARTICLE 89 (Real Estate Acquisition: 42 Nobadeer Avenue) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interest in a parcel identified as Assessor Map 88, Parcel 5, 42 Nobadeer Avenue for open space, conveyance and/or general municipal purposes and to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds a sum of money for such purpose; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain the fee or lesser interest in a parcel identified as Assessor Map 88, Parcel 5, 42 Nobadeer Avenue for open space, conveyance and/or general municipal purposes. Page 181 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 90 (Lease of Town Land for Renewable Energy Projects) To see if the Town will vote to: 1. Transfer the care, custody, and control of the parcels of land located at South Shore Road and shown on Assessor’s Map 87 as Parcel Nos. 2, 85-90 and 135 from the Board of Selectmen for municipal sewage treatment purposes to the Board of Selectmen for such purposes and for the purpose of leasing and granting easements on, over or under such parcels for the installation of renewable energy facilities; and 2. Authorize the Board of Selectmen to (i) lease in one or more agreements all or a portion of said parcels of land for the installation of renewable energy facilities for a term of up to 30 years; (ii) grant easements on, over and/or under such parcels of land as necessary or convenient to serve the facilities; and (iii) take any actions and execute any other documents and agreements necessary, convenient, or appropriate to accomplish the foregoing and to implement and administer any such agreements and easements, all of which agreements, easements and documents shall be on such terms and conditions and for such consideration as the Board of Selectmen deems in the best interests of the Town. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to: 1. Transfer the care, custody, and control of the parcels of land located at South Shore Road and shown on Assessor’s Map 87 as Parcel Nos. 2, 85-90 and 135 from the Board of Selectmen for municipal sewage treatment purposes to the Board of Selectmen for such purposes and for the purpose of leasing and granting easements on, over or under such parcels for the installation of renewable energy facilities; and 2. Authorize the Board of Selectmen to (i) lease in one or more agreements all or a portion of said parcels of land for the installation of renewable energy facilities for a term of up to 30 years; (ii) grant easements on, over and/or under such parcels of land as necessary or convenient to serve the facilities; and (iii) take any actions and execute any other documents and agreements necessary, convenient, or appropriate to accomplish the foregoing and to implement and administer any such agreements and easements, all of which agreements, easements and documents shall be on such terms and conditions and for such consideration as the Board of Selectmen deems in the best interests of the Town. Quantum of vote required for passage of the motion is 2/3 ARTICLE 91 (PILOT Agreements for Renewable Energy Facilities) To see if the Town will vote to authorize the Board of Selectmen to (i) enter into one or more agreements for “payments in lieu of taxes” (or “PILOT”) pursuant to G.L. c. 59, § 38H(b), or any other enabling authority, with the owner(s) of renewable energy facilities to be located in Page 182 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Nantucket for terms of up to 30 years, and (ii) take any actions and execute any other documents or ancillary agreements necessary, convenient, or appropriate to accomplish the foregoing and to implement and administer the PILOT agreements, all of which agreements and documents shall be on such terms and conditions and for such consideration as the Board of Selectmen deems in the best interests of the Town. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to authorize the Board of Selectmen to (i) enter into one or more agreements for “payments in lieu of taxes” (or “PILOT”) pursuant to G.L. c. 59, § 38H(b), or any other enabling authority, with the owner(s) of renewable energy facilities to be located in Nantucket for terms of up to 30 years, and (ii) take any actions and execute any other documents or ancillary agreements necessary, convenient, or appropriate to accomplish the foregoing and to implement and administer the PILOT agreements, all of which agreements and documents shall be on such terms and conditions and for such consideration as the Board of Selectmen deems in the best interests of the Town. ARTICLE 92 (Net Metering Credit Purchase Agreements) To see if the Town will vote to authorize the Board of Selectmen to (i) enter into one or more net metering credit purchase agreements with one or more owners of renewable energy facilities for terms of up to 30 years, and (ii) take any actions and execute any other documents and ancillary agreements necessary, convenient, or appropriate to accomplish the foregoing and to implement and administer the net metering credit purchase agreements, all of which agreements and documents shall be on such terms and conditions and for such consideration as the Board of Selectmen deems in the best interests of the Town. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to (i) enter into one or more net metering credit purchase agreements with one or more owners of renewable energy facilities for terms of up to 30 years, and (ii) take any actions and execute any other documents and ancillary agreements necessary, convenient, or appropriate to accomplish the foregoing and to implement and administer the net metering credit purchase agreements, all of which agreements and documents shall be on such terms and conditions and for such consideration as the Board of Selectmen deems in the best interests of the Town. ARTICLE 93 (Long-term Lease Authorization: Airport Delta Property) To see if the Town will vote to authorize the Airport Commission pursuant to Chapter 90, Section 51F of the Massachusetts General Laws to lease for a term not to exceed thirty (30) years, a portion of the following Town-owned property located between Milestone Road and Nobadeer Farm Road, and being a portion of land shown on Assessor’s Map 69 as Parcel 31, and known as the Delta area, subject to Chapter 30 B of the Massachusetts General Laws; Page 183 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that pursuant to Chapter 90, Section 51F of the Massachusetts General Laws, the Airport Commission is hereby authorized to lease for a term not to exceed thirty (30) years, a portion of the following Town-owned property located between Milestone Road and Nobadeer Farm Road, and being a portion of land shown on Assessor’s Map 69 as Parcel 3.1, and known as the Delta area, subject to Chapter 30 B of the Massachusetts General Laws. ARTICLE 94 (Long-term Lease Authorization: 10 Sun Island Road) To see if the Town will vote to authorize the Airport Commission, pursuant to Chapter 90, Section 51F of the Massachusetts General Laws to lease for a term not to exceed thirty (30) years, a portion of the following Town-owned property located at 10 Sun Island Road, and being a portion land shown on Assessor’s Map 69 as Parcel 31, known as Sun Island parcels, subject to Chapter 30B of the Massachusetts General Laws; Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that pursuant to Chapter 90, Section 51F of the Massachusetts General Laws, the Airport Commission is hereby authorized to lease for a term not to exceed thirty (30) years, a portion of the following Town-owned property located at 10 Sun Island Road, and being a portion land shown on Assessor’s Map 69 as Parcel 3.1, known as Sun Island parcels, subject to Chapter 30B of the Massachusetts General Laws. ARTICLE 95 (Real Estate Acquisition: Woodbine Street) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests together with any public and private rights of passage for public ways and/or general municipal purposes in all or any portion of the unconstructed right of way in the Surfside Area on Woodbine Street consisting of approximately 10,000 square feet as shown on the plan attached hereto. (John B. Brescher, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain the fee or lesser interests together with any public and private rights of passage for public ways and/or general municipal purposes in all or any portion of the unconstructed right of way in the Surfside Area on Woodbine Street consisting of approximately 10,000 square feet as shown on the plan attached hereto. ARTICLE 96 (Real Estate Disposition: Woodbine) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portion of land known as Woodbine as shown on the plan attached hereto, subject to Chapter 30B of the Massachusetts Page 184 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions. (John B. Brescher, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby be authorized to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portion of land known as Woodbine as shown on the plan attached hereto, subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which shall include an eight (8) foot wide path at the centerline of said way and may include other reservation of easements and restrictions. ARTICLE 97 (Real Estate Acquisition: Poplar Street) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests together with any public and private rights of passage for public ways and/or general municipal purposes in all or any portion of the unconstructed right of way in the Surfside Area on Poplar Street between the Southerly boundary of Weweeder Avenue and the Northerly boundary of Nobadeer Avenue. (John B. Brescher, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 98 (Real Estate Disposition: Poplar Street) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portion of land known as Poplar Street between the Southerly boundary of Weweeder Avenue and the Northerly boundary of Nobadeer Avenue, subject to Chapter 30B of the Massachusetts General Laws, and to take any other action as may be related or appropriate thereto. (John B. Brescher, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 99 (Real Estate Acquisition: 40 & 42R Sparks Avenue, 42 & 44 Sparks Avenue) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portion of the following unconstructed rights of way and two (2) parcels identified below, together with any public and private rights of passage, for non-profit funeral home purposes:  Assessors Map 55 Parcel 602 known as 40 Sparks Avenue, and  Assessors Map 55 Parcel 603 knows as 42R Sparks Avenue; Page 185 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions As well as two (2) parcels identified below together with any public and private rights of passage, for municipal cemetery purposes:  Assessors Map 55 Parcel 601 known as 42 Sparks Avenue;  Assessors Map 55 Parcel 600 known as 44 Sparks Avenue; And to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes. Or to take any other action related thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Committee has concerns about the costs associated with acquisition of this property as well as how such costs would be funded. Until there is more information as to the future use of the property, including a business plan with a description of the non-profit entity including articles of incorporation and financial statements; and, how such future use relates to the Town, the Committee cannot support the article. ARTICLE 100 (Real Estate Acquisition: Wanoma Way) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for general municipal purposes and for the purpose of conveyance of the fee title or lesser interests, together with any public or private rights of passage, in the portion of Wanoma Way (Tom Nevers) lying between the extended sidelines of the land shown upon Assessor’s Map 92.4 as Parcel 141, approximately 240 feet in length; or to take any other action related thereto. (Arthur I. Reade, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain, for general municipal purposes and for the purpose of conveyance of the fee title or lesser interests, together with any public or private rights of passage, in the portion of Wanoma Way (Tom Nevers) lying between the extended sidelines of the land shown upon Assessor’s Map 92.4 as Parcel 141, approximately 240 feet in length. ARTICLE 101 (Real Estate Disposition: Wanoma Way) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land pursuant to M.G.L., c. 30B, and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in the portion of Wanoma Way (Tom Nevers) lying between the extended sidelines of the land shown upon Assessor’s Map 92.4 as Parcel 141, approximately 240 feet in length; or to take any other action related thereto. Page 186 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions (Arthur I. Reade, et al) FINANCE COMMITTEE: Moved that the Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land pursuant to M.G.L., c. 30B, and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in the portion of Wanoma Way (Tom Nevers) lying between the extended sidelines of the land shown upon Assessor’s Map 92.4 as Parcel 141, approximately 240 feet in length. ARTICLE 102 (Real Estate Acquisition: Saccacha Ave) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for general municipal purposes and for the purpose of conveyance of the fee title or lesser interests, together with any public or private rights of passage, in the portion of Saccacha Avenue (Cisco) lying adjacent to the land shown upon Assessor’s Map 82 as Parcel 108, 9 feet in width and 160 feet in length; or to take any other action related thereto. (Arthur I. Reade, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain, for general municipal purposes and for the purpose of conveyance of the fee title or lesser interests, together with any public or private rights of passage, in the portion of Saccacha Avenue (Cisco) lying adjacent to the land shown upon Assessor’s Map 82 as Parcel 108, 9 feet in width and 160 feet in length. ARTICLE 103 (Real Estate Disposition: Saccacha 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 M.G.L., c. 30B, and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in the portion of Saccacha Avenue (Cisco) lying adjacent to the land shown upon Assessor’s Map 82 as Parcel 108, 9 feet in width and 160 feet in length; or to take any other action related thereto. (Arthur I. Reade, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land pursuant to M.G.L., c. 30B, and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in the portion of Saccacha Avenue (Cisco) lying adjacent to the land shown upon Assessor’s Map 82 as Parcel 108, 9 feet in width and 160 feet in length. Page 187 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 104 (Municipal Aggregation) To see if the Town will vote to: 1. Authorize the initiation of a municipal aggregation program to aggregate the electrical load of interested consumers in Nantucket pursuant to M.G.L. c. 164, § 134, or any other enabling authority; and 2. Authorize the Board of Selectmen to (i) enter into an agreement with a municipal aggregation consultant to assist, at no cost to the Town, with the development, implementation and administration of such aggregation program for a term of more than three years, and (ii) take any actions and execute any other documents necessary, convenient, or appropriate to accomplish the foregoing and to implement and administer the aggregation program and agreement, which agreement and documents shall be on such terms and conditions as the Board of Selectmen deems in the best interests of the Town. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to: 1. Initiate a municipal aggregation program to aggregate the electrical load of interested consumers in Nantucket pursuant to M.G.L. c. 164, § 134, or any other enabling authority; and 2. To (i) enter into an agreement with a municipal aggregation consultant to assist, at no cost to the Town, with the development, implementation and administration of such aggregation program for a term of more than three years, and (ii) take any actions and execute any other documents necessary, convenient, or appropriate to accomplish the foregoing and to implement and administer the aggregation program and agreement, which agreement and documents shall be on such terms and conditions as the Board of Selectmen deems in the best interests of the Town. ARTICLE 105 (Appropriation: Capital Projects 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 Capital Projects Stabilization Fund in accordance with Chapter 40 section 5B of the Massachusetts General Laws. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Hundred Fifty Thousand Dollars ($250,000) be transferred from Free Cash in the Treasury of the Town to the Capital Projects Stabilization Fund. Page 188 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Quantum of vote required for passage of the motion is 2/3 ARTICLE 106 (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 2016 tax levy. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 107 (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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 189 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report PLANNING BOARD REPORT Chapter 40A, section 5 of the Massachusetts General Laws authorizes the Planning Board (hereafter the Board) to issue an advisory report to Town Meeting. Although a motion for Articles 33 through 60 is printed in the Warrant, this report provides additional information to help voters understand the rationale for each motion and has been included with a glossary in the Warrant since 2011. The Board is guided by the approved Master Plan, unanimously accepted by Town Meeting in April of 20091. Overall, the Board’s motions are consistent with the goals and policies of the Master Plan, they advance the implementation schedule, and they represent a balanced approach to guiding the community’s future physical development. Articles 34, 35, 37 through 41 and 43 through 50 are Zoning Map changes and Articles 33, 36, 42 and 51 through 60 are Zoning Bylaw amendments. The proposed map changes (1) match the existing character of the area with the designated zoning districts, or (2) address specific issues in their respective areas, including several articles which allow for increased density where appropriate. Articles 34, 35, 37, 39, 40, 43 through 50 are recommended by the Board. The Board considered compliance with the Master Plan, including, but not limited to, such policies as:  Advancing Master Plan actions identified in the “Zoning District Implementation Schedule”2  Matching zoning districts with the character of the surrounding area3  Phasing out certain zoning districts4  Encouraging small neighborhood centers with mixed-use development5  Addressing issues in 8 of 18 identified Planning Areas6  Implement the Commercial Mid-Island (CMI) zoning district7 Articles 34 and 35 map the CMI district, an important part of the Master Plan’s implementation of tailored commercial districts. Article 36 is a companion Bylaw text amendment that addresses the use allowances and height regulations within the CMI. Articles 37 and 39 continue the phase out of the RC-2 zoning district. Article 40 implements a portion of the phase-out of the R-1 zoning district in proximity to the downtown, and aligns the zoning with the Old Historic District as established by the Historic District Commission. Articles 43, 45 and 46 protect areas of low density and open space resources. Articles 44 and 47 correct 1 Warrant Article 26 of the 2009 Annual Town Meeting 2 2009 Nantucket Master Plan, Figure 39, page 90 (Articles 34, 35, 37, 39, 40, and 45) 3 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.3, page 90 (Articles 34, 35, 37, 40, 43-47 and 50) 4 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1a, page 90 (Articles 34, 35, 37–40, and 45) 5 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.2, page 91 (Articles 35, 36, and 37) 6 2009 Nantucket Master Plan, Figure 17, page 48 (Articles 34, 35, 37, 39, 40, 43, 45, 46, 47, and 48) 7 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1b, page 90, Goal 3.1, Policies 3.1.1a and 3.1.3a, page 92, and Goal 4.1, Policy 4.1.2, page 93 (Articles 34, 35 and 36) Page 190 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report nonconformities. Article 48 creates an area of transitional zoning between proposed high density development and existing low density development. Articles 49 and 50 propose modest changes in the Surfside neighborhood, which increase density consistent with the surrounding area. Zoning Bylaw amendments recommended by the Planning Board include Articles 51 and 54 modify the existing tertiary dwelling and secondary lot provisions of the Bylaw to expand the available options for housing creation. Articles 57, 58, 59, and 60 have straightforward changes to uses and technical provisions. Article 57 is a cleanup of an overly wordy and complicated section of the Zoning Bylaw. Article 58 responds to direction provided to the Town from the Attorney General. Article 59 adds language to the Zoning Bylaw that is entirely consistent with Chapter 104 of the Code, which has been in place since 1991. Article 60 contains miscellaneous technical changes to the Bylaw. Several articles were not recommended. Article 33 (Coastal Erosion Liability Waiver) is similar to an article that was proposed at the 2015 ATM, which also received a negative recommendation. Although the Board understands the valid intent of the article, we continue to question whether or not it should be addressed in zoning, and further, there are two different issues that this article attempts to address with a single solution. This article should be referred to a workgroup for further research and review. The intent of Article 38 is to place commercial properties along Marble Way in a residential district. After a lengthy discussion, the Board determined that the proposal will not have the desired effect and would create numerous zoning nonconformities. Articles 41 and 42 are companion articles intended to replace a town zoning district with a country zoning district and to reduce the potential for swimming pools in a portion of Quidnet. These articles require further study and will be referred to the NP&EDC for neighborhood level planning. Articles 52 and 53 (Tiny House Units and Districts) are companion articles that are not supported by the Board. The Board determined that the existing tertiary dwelling provision largely accomplishes the intent, without changing the long standing regulation prohibiting trailers or “building-like” containers for residential purposes. Article 56 is not recommended because the intent is accomplished in Article 55, which received a positive recommendation. The Planning Board recognizes the hard work of its staff, the active participation by citizens, and appreciates the thoughtful review of these articles by Town Meeting voters. If you have questions or concerns about the zoning articles, we encourage you to seek answers in advance of Town Meeting from individual Board members or contact PLUS staff at 508-325-7587. Page 191 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Zoning Article Glossary The Planning Board has provided this glossary to serve as a summarized reference for selected terms in Articles 33 through 60. The entire Zoning Bylaw (Chapter 139 of the Code of the Town of Nantucket) and maps (under Town Meetings and Elections) can be further researched at www.nantucket-ma.gov. The intensity regulations for zoning districts identified in the Zoning Map changes are referenced below. Yard Setback District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio VR 20,000 20 10 100 10% VTEC 40,000 30 20 100 30% LUG-1 40,000 35 10 100 7% LUG-2 80,000 35 15 150 4% LUG-3 120,000 35 20 200 3% CDT 3,750 None Side: none Rear: 5 35 75% CMI 5,000 0 0 50 50% RC 5,000 None 5 40 50% RC-2 5,000 10 5 40 50% CN 7,500 10 Side: 5 Rear: 10 50 40% CTEC 10,000 10 Side: 5 Rear: 10 50 40% ROH 5,000 None 5 50 50% R-1/SR-1 5,000 10 5 50 30% R-5 5,000 10 Side: 10 minimum on one side; 5 thereafter Rear: 5 50 40%R-5 R-10 10,000 20 10 75 25% R-20 20,000 30 10 75 12.5% R-40 40,000 30 10 75 10% Page 192 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Area Plan - the Nantucket Planning and Economic Development Commission (NP&EDC) has developed a participatory process to foster and facilitate the implementation of the land use and other relevant sections of the 2009 Master Plan. The areas are designated, mapped, and volunteer advisory members are appointed. The topics that each group evaluates are the nine elements of an MGL Chapter 41 section 81D master plan. A final plan is accepted by the NP&EDC. Final plans have been completed for Brant Point, Mid Island, Naushop Crossing, Siasconset, Surfside and Tom Nevers. (Source: Goal 2.2, Policy 2.2.1, Nantucket Master Plan) Country Overlay District (COD) – a zoning overlay district encompassing those areas not included in the Town Overlay District. The purpose of the COD is to preserve areas characterized by traditional and historic rural land use patterns and to discourage the spread of dispersed development patterns that promote automobile dependency. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12F) Exclusionary Zoning – zoning that has the effect of keeping out of a community or neighborhood certain groups, or additional population. Techniques such as large- lot zoning, which increase housing costs, have been challenged for their exclusionary effects. (Source: A Planner’s Dictionary (2004). Published by the American Planning Association) Overlay District – establishes alternative zoning requirements to address area specific needs, to promote specific development projects, or to meet specific community goals. (Source: American Planning Association https://www.planning.org/divisions/planningandlaw/propertytopics.htm#Overlay) Special Permit – requires a super-majority (4 out of 5 members in favor) vote of the special permit granting authority. Special permits may impose conditions, safeguards, and limitations intended to ensure that the use or structure is in harmony with the general purpose and intent of the Zoning Bylaw. (Source: Chapter 139 of the Code of the Town of Nantucket, section 30) Spot Zoning – the Massachusetts Supreme Judicial Court found that spot zoning occurs where one lot or a small area has been singled out for treatment less onerous than that imposed upon nearby, indistinguishable properties. The Court of Appeals has found that spot zoning arises “where a zoning change is designed solely for the economic benefit of the owner of the property receiving special treatment and is not in accordance with a well considered plan for the public welfare.” (Source: Massachusetts Municipal Association) “In assessing spot zoning challenges, it is quite proper to consider the effect of the zoning change on the municipality as a whole. The court now favors a balancing test to assess a spot zoning challenge. This is especially important where the growth of the municipality has been addressed by a plan.” Challenges Page 193 Town of Nantucket 2016 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary alleging spot zoning have a heavy burden of proof, as great weight is given to validity arising from the Town Meeting process. The total area being rezoned is only important where it is not an extension of a district by the inclusion of border lots. Generally, newly established zoning areas greater than two acres are not considered to be a spot zone. (Source: Bobrowski, Mark “Handbook of Massachusetts Land Use and Planning Law” pages 91through 95) Town Overlay District (TOD) – a zoning overlay district encompassing those areas not included in the Country Overlay District. The purpose of the TOD is to encourage development within an area where infrastructure already exists or can be extended without undue expense, to create opportunities to produce affordable housing for year-round residents through in-fill development and to create development patterns that are conducive to service by alternatives to the automobile, such as transit, bicycle, and pedestrian systems. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12E) Workforce Rental Housing - rental of multi-family dwelling units, pursuant to §139-8D, where at least 25% of the total dwelling units are restricted to occupancy by households earning at or below 80% of area median income.