HomeMy WebLinkAbout2016 BOS warrant FINAL
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
WARRANT FOR
2016 ANNUAL TOWN MEETING
Nantucket High School
Mary P. Walker Auditorium
Saturday, April 2, 2016 – 9:00 AM
AND
ANNUAL TOWN ELECTION
Nantucket High School
Tuesday, April 12, 2016
7:00 AM – 8:00 PM
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
(508) 228-7255
www.nantucket-ma.gov
To the Constables of the Town of Nantucket:
GREETING: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of
the Town of Nantucket qualified to vote in Town affairs, to meet and assemble themselves at the Nantucket High School Auditorium at 10 Surfside Road in said Nantucket, on
SATURDAY, APRIL 2, 2016 AT 9:00 AM, THEN AND THERE TO ACT ON THE ARTICLES
CONTAINED WITH THE ENCLOSED WARRANT:
ARTICLE 1
(Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal
Year 2015 Annual Town Report or as may come before this meeting; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 2 (Appropriation: Unpaid Bills)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds for the payment, pursuant to Chapter 44 section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years,
including any bills now on overdraft; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 3
(Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds
previously appropriated pursuant to Articles voted in prior years; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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)
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)
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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.
Or to take any other action related thereto.
(Board of Selectmen)
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.
(Board of Selectmen)
ARTICLE 9
(Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute, or transfer from available funds, for the Council for Human Services to be used by the Council to contract with various health and human services, not-for-profit
corporations to provide for the health, safety and welfare of the inhabitants of the Town of
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
ARTICLE 10 (Appropriation: General Fund Capital Expenditures)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital
expenditures for the offices, departments, boards and commissions of the Town of Nantucket; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 11 (Appropriation: Fiscal Year 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)
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)
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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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)
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)
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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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.
(Board of Selectmen/Sewer Commissioners)
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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)
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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)
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)
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 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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
County Reserve Fund, from which transfers may be made to meet extraordinary or unforeseen expenditures with the approval of the County Commissioners acting as the County Advisory
Board Executive Committee within the meaning of Chapter 35 section 32 of the Massachusetts General Laws; or to take any other action related thereto.
(Board of Selectmen/County Commissioners)
ARTICLE 25 (Rescind Unused Borrowing Authority)
To see what action the Town will take to amend, appropriate or reappropriate, transfer, modify, repeal or rescind unused borrowing authority authorized by previous town meetings.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 26 (Appropriation: 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)
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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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
$175.00
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
(Kenneth Beaugrand, et al)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
Town of Nantucket Natural Resources Department
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
favor of an entity authorized by the Commonwealth to hold such restrictions for such
expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act.
(Kenneth Beaugrand, et al)
ARTICLE 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)
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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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.
(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.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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)
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:
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
(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”.
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)
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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:
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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:
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)
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
2. Placing the following properties currently located in the Residential Commercial 2 (RC-
2) district in the Residential 5 (R-5) district:
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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)
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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.
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
49.3.2 6 15 Sconset Ave
(John B. Brescher, et al)
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
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.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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:
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:
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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; 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)
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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)
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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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.
(Leslie Kennie, et al)
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.
(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.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
(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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
House” with a parking requirement of 1 space in all districts.
Or to take any other action related thereto,
(Isaiah J. Stover, et al)
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 House” with a parking requirement of 1 space in all districts.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
Or to take any other action related thereto,
(Isaiah J. Stover, et al)
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.
(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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
(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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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:
(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)
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.
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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. 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.
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(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.
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
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Zoning District
Minimum Original Lot
Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size
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 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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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.
(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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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 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,
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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 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.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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-
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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 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.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
(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. Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
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:
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.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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)
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)
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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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:
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: …
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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
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)
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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 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 is 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.
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
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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)
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)
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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.
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)
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ARTICLE 65 (Bylaw: Town of Nantucket Right to Farm)
To see if the Town will vote to: Section 1 Legislative Purpose and Intent
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.
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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 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
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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 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)
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
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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
41 342 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)
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)
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:
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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)
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)
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.
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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)
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)
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)
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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)
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
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)
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
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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 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
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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-
year overlapping terms, so arranged that the terms of not more than two commissioners shall expire each year.
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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
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.
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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)
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.
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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.
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.
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 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
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pending before the legislature, which were not acted upon by December 31, 2015, will expire unless renewed by a confirmatory town meeting vote.
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
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.
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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
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.
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
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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 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.
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Town of Nantucket 2016 Annual Town Meeting and Election Warrant
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.
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:
-- 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.
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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.
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
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,
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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.
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
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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
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.
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(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.
(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.
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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 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
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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 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.
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(Board of Selectmen)
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.
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
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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)
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:
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
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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.
(Board of Selectmen for Nantucket Islands Land Bank Commission)
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;
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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)
(Joseph T. Grause, Jr., et al)
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:
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
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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)
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)
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 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
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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)
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)
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)
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),
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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.
Or to take any other action related thereto.
(Board of Selectmen)
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)
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;
Or to take any other action related thereto.
(Board of Selectmen for Airport Commission)
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.
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(Board of Selectmen for Airport Commission)
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)
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
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)
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)
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)
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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;
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)
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)
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.
(Arthur I. Reade, et al)
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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)
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)
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)
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
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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)
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)
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)
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To act upon and transact any business relative to the foregoing subjects which may, then and there, come before said meeting.
In addition, you are directed to notify and warn the inhabitants of the Town of Nantucket
qualified to vote in Town affairs to go to the Nantucket High School at 10 Surfside Road in said Nantucket, on
TUESDAY, THE TWELFTH DAY OF APRIL, 2016
BETWEEN THE HOURS OF 7:00 AM and 8:00 PM
for the following purpose:
To cast their votes in the Annual Town Election for the election of candidates for the following
offices:
Moderator One for a term of one year
Town Clerk One for a term of three years
Selectman Two for terms of three years
School Committee One for a term of three years
School Committee One for a term of one year
Historic District Commission Two for terms of three years
Historic District Commission Associate One for a term of three years
Nantucket Housing Authority One for a term of five years
Nantucket Islands Land Bank Commission One for a term of five years
Harbor and Shellfish Advisory Board Three for terms of three years
Planning Board One for a term of five years
Nantucket Water Commission One for a term of three years
Siasconset Water Commission One for a term of three years
And, to cast their vote as “YES” or “NO” on the following ballot question:
1. Debt exclusion override question pursuant to G. L. Chapter 59, s. 21C(k):
Shall the Town of Nantucket be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bond issued in order to 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 costs incidental and related thereto?
_______YES
_______NO
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Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of meeting and election aforesaid.
Given under our hands this 20th day of January in the year Two Thousand Sixteen.
____________________________________
Robert DeCosta, Chairman
____________________________________ Matthew G. Fee, Vice Chairman
____________________________________
Rick Atherton
____________________________________
Tobias Glidden
____________________________________ Dawn E. Hill Holdgate
SELECTMEN OF NANTUCKET, MA
Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the Warrant
of January 20, 2016 I have notified and warned the inhabitants of the Town of Nantucket
qualified to vote in Town affairs to appear at the times and place and for the purposes within
mentioned by posting said notification on __________________ at the Stop & Shop on
Pleasant Street, the Town and County Building at 16 Broad Street; and upon the Bulletin
Boards at the corner of Main and Federal Streets, and Siasconset Square.
Sworn to under pains and penalties of perjury,
___________________________________________________ Catherine Flanagan Stover, Constable
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