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HomeMy WebLinkAbout110915 Warrant with FC Motions FINAL COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET WARRANT FOR Monday, November 9, 2015 SPECIAL TOWN MEETING Nantucket High School Mary P. Walker Auditorium 6:00 PM Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7255 www.nantucket-ma.gov Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7255 www.nantucket-ma.gov BOARD OF SELECTMEN Robert R. DeCosta, Chairman Matthew G. Fee, Vice Chairman Rick Atherton Tobias B. Glidden Dawn E. Hill Holdgate FINANCE COMMITTEE James R. Kelly, Chairman Clifford Williams Joseph Grause Stephen Maury Peter McEachern Matthew T. Mulcahy Craig Spery John Tiffany David Worth, Jr. PLANNING BOARD Barry G. Rector, Chairman Nathaniel Lowell Joseph Marcklinger John McLaughlin Linda Williams MODERATOR Sarah F. Alger Page i Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions AMERICANS WITH DISABILITIES ACT NOTICE The Town of Nantucket advises applicants, participants and the public that it does not discriminate on the basis of disability in, admission to, access to, treatment or employment in its programs, services and activities. The Town of Nantucket will provide auxiliary aids and services to access programs upon request. Inquiries, requests and complaints should be directed to the Town Manager, 16 Broad Street, Nantucket, MA 02554, (508) 228-7255. IF YOU NEED A LARGE PRINT VERSION OF THIS DOCUMENT, PLEASE CONTACT THE TOWN MANAGER’S OFFICE AT (508) 228-7255 Page ii Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET NOVEMBER 9, 2015 SPECIAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Zoning Map Change: R-20 to R-5 -- Daffodil Lane and Mayflower Circle; LUG-2 to CN -- Davkim Lane; LUG-2 to R-5 -- Evergreen Way 1 2 Zoning Bylaw Amendment: Workforce Housing 3 3 Appropriation: Brant Point Boat House Renovation/Shellfish Propagation Facility 8 4 Appropriation: Our Island Home Design of New Facility 9 5 Appropriation: Fire Station 9 6 Home Rule Petition: Real Estate Conveyances from Nantucket Islands Land Bank to Town of Nantucket 10 7 Correction to Article 7 (Compensation Schedule C) of 2015 Annual Town Meeting 12 NOTES: 1. PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS 2. UNLESS OTHERWISE NOTED UNDER THE FINANCE COMMITTEE MOTION, ALL VOTES NEEDED FOR PASSAGE OF ARTICLES IS A SIMPLE MAJORITY. Page iii Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions ARTICLE 1 (Zoning Map Change: R-20 to R-5 -- Daffodil Lane and Mayflower Circle; LUG-2 to CN -- Davkim Lane; LUG-2 to R-5 -- Evergreen Way) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Residential-20 (R-20) district in the Residential-5 (R-5) district: Map Lot Number Street 68 739 30 Daffodil Lane 68 740 32 Daffodil Lane 68 741 34 Daffodil Lane 68 742 35 Daffodil Lane 68 736 3 Mayflower Circle 68 729 4 Mayflower Circle 68 735 5 Mayflower Circle 68 730 6 Mayflower Circle 68 734 7 Mayflower Circle 68 731 8 Mayflower Circle 68 733 9 Mayflower Circle 68 732 10 Mayflower Circle 68 A Portion of Mayflower Circle, starting at a location formed by a line connecting the eastern property boundaries of the lots shown as 3 Mayflower Circle and 4 Mayflower Circle and extending in a westerly direction to include the bulb of the existing cul-de-sac of Mayflower Circle, being the westerly portion of Lot # 615 on Land Court Plan 16514-40. 68 A Portion of Daffodil Lane, starting at a location formed by a line connecting the eastern property boundaries of the lots shown as 35 Daffodil Lane and 3 Mayflower Circle and extending in a westerly direction to include the bulb of the existing cul-de-sac of Daffodil Lane, being the westerly portion of Lot # 663 on Land Court Plan 16514-40. 2. By placing the following property currently located in the Limited Use General-2 (LUG-2) district in the Commercial-Neighborhood (CN) district: Map Lot Number Street 68 56.1 20(R) Davkim Lane 3. By placing the following properties currently located in the Limited Use General-2 (LUG-2) district in the Residential-5 (R-5) district: Page 1 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 68 711 24 Evergreen Way 68 712 26 Evergreen Way 68 713 28 Evergreen Way 68 714 30 Evergreen Way All as shown on a map entitled “2015 Special Town Meeting Warrant Article __ R-20 to R-5: Daffodil Lane and Mayflower Circle: LUG-2 to CN – Davkim Lane: and LUG-2 to R-5: Evergreen Way” dated October 2015 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Philip Pastan, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. By placing the following properties currently located in the Residential-20 (R-20) district in the Residential-5 (R-5) district: Map Lot Number Street 68 739 30 Daffodil Lane 68 740 32 Daffodil Lane 68 741 34 Daffodil Lane 68 742 35 Daffodil Lane 68 736 3 Mayflower Circle 68 729 4 Mayflower Circle 68 735 5 Mayflower Circle 68 730 6 Mayflower Circle 68 734 7 Mayflower Circle 68 731 8 Mayflower Circle 68 733 9 Mayflower Circle 68 732 10 Mayflower Circle 68 A Portion of Mayflower Circle, starting at a location formed by a line connecting the eastern property boundaries of the lots shown as 3 Mayflower Circle and 4 Mayflower Circle and extending in a westerly direction to include the bulb of the existing cul-de-sac of Mayflower Circle, being the westerly portion of Lot # 615 on Land Court Plan 16514-40. 68 A Portion of Daffodil Lane, starting at a location formed by a line connecting the eastern property boundaries of the lots shown as 35 Daffodil Lane and 3 Mayflower Circle and extending in a westerly direction to include the bulb of the existing cul-de-sac of Daffodil Lane, being the westerly portion of Lot # 663 on Land Court Plan 16514-40. Page 2 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions 2. By placing the following property currently located in the Limited Use General-2 (LUG-2) district in the Commercial-Neighborhood (CN) district: Map Lot Number Street 68 56.1 20(R) Davkim Lane 3. By placing the following properties currently located in the Limited Use General-2 (LUG-2) district in the Residential-5 (R-5) district: Map Lot Number Street 68 711 24 Evergreen Way 68 712 26 Evergreen Way 68 713 28 Evergreen Way 68 714 30 Evergreen Way All as shown on a map entitled “2015 Special Town Meeting Warrant Article 1 R-20 to R-5: Daffodil Lane and Mayflower Circle: LUG-2 to CN – Davkim Lane: and LUG-2 to R-5: Evergreen Way” dated October 2015 and filed herewith at the Office of the Town Clerk. PLANNING BOARD COMMENT: Articles 1 and 2 are companion articles. The motion printed in the Warrant is based upon passage of Article 2 as recommended by the Planning Board. The zoning changes proposed within this article were supported based upon the representation of Richmond Great Point Development, LLC (“RGP”) that a Memorandum of Agreement followed by a Developer’s Agreement would be executed between RGP and the Board of Selectmen ("BOS"). This binding agreement, if approved by the BOS, will require RGP to exercise the changes approved in Articles 1 and 2 as a package, and will not allow them to simply utilize the zoning map changes independently. The production of affordable housing is imperative to make progress toward the state mandated requirement of 10% of the year-round housing stock and implementation of the zoning provisions contained within Article 2 will provide for local control of the process. FINANCE COMMITTEE COMMENT: To be provided at Town Meeting, pending review of the Memorandum of Agreement executed between the Board of Selectmen and Richmond Great Point Development, LLC. ARTICLE 2 (Zoning Bylaw Amendment: Workforce Housing) To see if the Town will vote to amend the Code of the Town of Nantucket, Chapter 139 (Zoning), by taking the following actions: 1. Amend section 2 (definitions) to insert a new definition of “workforce housing” and to amend the existing definitions of “apartment building”, “affordable housing”, “apartment”, “eligible household”, “Nantucket Housing Needs Ownership Form”, to the extent necessary or required, and to insert any new definition or amend any existing definition to the extent necessary or required to implement the overall objectives of this article. Page 3 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions 2. Amend section 7A (use chart) by inserting a new use(s) related to workforce housing dwelling units as necessary or required; 3. Insert a new section 8D, and/or to amend 8C, to provide new language, the purpose of which is as follows: a. To incentivize the creation of workforce and affordable rental and ownership housing opportunities; b. To promote consistency, quality, and flexibility in the site layout and design; c. To mitigate traffic congestion by encouraging the creation of compact neighborhoods proximate to compatible adjacent commercial uses that reduce the need for vehicle trips to already congested areas, and; d. To promote economic vitality and a greater diversity of housing opportunities in compliance with objectives contained within plans adopted or accepted by the Town of Nantucket, Nantucket Planning and Economic Development Commission, or the Nantucket Housing Authority. 4. Insert a new section 8D and/or amend 8C to provide new language for the allowance of density bonuses by the issuance of a special permit granted by the Planning Board, as follows: a. To allow the aggregation of lots for apartment buildings for workforce housing at a density of 1 unit per 1,250 square feet of lot area in the CN district with a maximum of 20 dwelling units containing up to 40 bedrooms on a single lot; b. To alter or remove the minimum lot size, frontage, setback(s), ground cover ratio, and regularity formula compliance as designated in section 16 for lots within the R-5 district. c. To establish minimum “affordability” criteria, programmatic and design standards, including, but not limited to: establishing minimum percentages of units restricted based on income limits between 50% and 200% of the annual area median income, establishing the minimum duration of affordability restrictions, establishing interior and exterior features/finishes to marking rate units, requiring equal disbursement among market rate units. 5. To amend sections 16 (change 33 reference to 30) and 18 (specify apartment, apartment building, workforce housing apartment), 20 (screening waived where lots are in common ownership), 23 (exempt SF and duplex from site plan review), and any other section of the Bylaw implement the overall objectives of this article. Or, to take any other action related thereto. (Philip Pastan, et al) Page 4 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that Code of the Town of Nantucket, Chapter 139 (Zoning), be amended by taking the following actions: 1. Amend Section 2 (definitions) to insert two new definitions, of “workforce homeownership housing” and “workforce rental housing”, in alphabetical order with existing definitions, as follows: WORKFORCE HOMEOWNERSHIP HOUSING Ownership or rental of single family dwelling units, pursuant to §139-8D, where at least 25% of the total dwelling units are restricted to occupancy by households earning at or below the percentages of area median income set forth herein. An increment of 75% of the total 25% of the restricted units shall be restricted to occupancy by households earning at or below 80% of area median income. The remaining increment of 25% of the total 25% of the restricted units shall be restricted to occupancy by households earning at or below 175% of area median income. WORKFORCE RENTAL HOUSING Rental of multi-family dwelling units, pursuant to §139-8D, where at least 25% of the total dwelling units are restricted to occupancy by households earning at or below 80% of area median income. 2. Amend Section 7A (use chart) by inserting in the “Use” column, between “Duplex” and “Elder Housing Facilities” a new use “Workforce Rental Community” to be allowed by Special Permit (SP) in the CN district only. 3. Insert a new Section 8D as follows: D. 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 zoning district through a Workforce Rental Community. The purpose of this provision is to incentivize the creation of workforce and affordable rental and ownership housing opportunities; to promote consistency, quality, and flexibility in the site layout and design; to mitigate traffic congestion by encouraging the creation of compact neighborhoods proximate to compatible adjacent commercial uses that reduce the need for vehicle trips to already congested areas, and; to promote economic vitality and a greater diversity of housing opportunities in compliance with objectives contained within plans adopted or accepted by the Town of Nantucket, Nantucket Planning and Economic Development Commission, or the Nantucket Housing Authority. This Bylaw, which sets a minimum size lot area, is intended to allow for aggregation of buildings, parking spaces, and open areas to improve design quality. Consistent design quality shall be applied to all dwelling units and affordable units shall be distributed evenly throughout the development. (1) Requirements. a. 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 zoning district. i. Minimum lot requirement of 60,000 square feet; Page 5 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions ii. The term of affordability shall be in perpetuity or the longest term allowed by law; iii. The application shall be subject to Major Site Plan Review; iv. The Planning Board shall be the sole special permit granting authority for any relief pursuant to any provision of this Chapter; v. Planning Board approval of a special permit shall not substitute for approval of a definitive subdivision or approval not required (ANR) plan. vi. Project must be eligible for approval as Local Action Units (LAU) through the Local Initiative Program (LIP) or otherwise included on the Town’s Subsidized Housing Inventory. It shall be the responsibility of the applicant to take all reasonable steps necessary to ensure the units are included, including without limitation, preparation and execution of a Regulatory Agreement in a form to be approved by the Town of Nantucket, through its Board of Selectmen, and by the Department of Housing and Community Development (“DHCD”) and provision of any other documents requested by DHCD. (2) Workforce Homeownership Housing Bonus Lots. a. Bonus lots, subject to the requirements below, shall be based on the number of building lots which could have been created through a conventional subdivision plan. The maximum number of building lots, excluding any bonuses, shall not exceed the number which may have otherwise been created on a conventional subdivision plan meeting all dimensional and upland requirements of the Zoning Bylaw and in full conformance with (and requiring no waivers from) the “Rules and Regulations Governing the Subdivision of Land,” as may be amended by the Planning Board from time to time, as demonstrated by the submission of a dimensioned lotting plan. For all density calculations that result in a fractional number, only fractions equal to or greater than 0.51 should be rounded to the next highest whole number. i. The total number of lots shall be calculated by multiplying the number of lots allowed by-right, as described above, by a factor of 1.33. ii. 25% of the total number of lots allowed, using the bonus provision, must be allocated and restricted to ownership by households earning at or below the area median income limits set forth in the definition of Workforce Homeownership Housing, as defined in §139-2, or, the rental dwelling units located on the lots achieved through the bonus provision must be restricted to households earning at or below 80% of area median income. Said lots shall be subject to a Nantucket Housing Needs Covenant -Ownership Form or other instrument restricting sale or rental to households earning at or below the area median income limits set forth in the definition of Workforce Homeownership Housing, as defined in §139-2. b. The Planning Board may reduce, by up to 100%: the front yard setback (but not the side or rear yard setbacks applied to the perimeter of the project area), internal side or rear yard setbacks (meaning setbacks between lots which are the subject of the application), side or rear yard setbacks between the lots which are the subject of the application and other land in common Page 6 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions ownership or control of the applicant, and the required frontage, provided that the lot has sufficient vehicular access through an easement. c. The Planning Board may allow an increase in the ground cover ratio up to 50%. d. A minimum buffer area of at least 20 feet shall be established between the Workforce Homeownership Housing Bonus Lots and residentially zoned abutting properties. The Planning Board may require the buffer area to include plantings, fencing, walls, or other improvements to mitigate impacts to abutting properties. (3) Workforce Rental Community a. Rental dwelling units in one or more structures, shall be subject to the following requirements: i. The maximum number of dwelling units shall not exceed 32, at least 8 of which must (25% of which) be restricted to occupancy by households earning at or below 80% of area median income. An instrument, in a form approved by the Planning Board, restricting rental of at least 8 of the dwelling units to households earning at or below 80% of area median income must encumber the subject lot(s); ii. The maximum number of bedrooms contained within the Workforce Rental Community Lot shall not exceed 57; iii. At least 10% of the total dwelling units within the Workforce Housing Rental Community must contain at least 3 bedrooms, unless such requirement is reduced by a future binding directive from the Commonwealth of Massachusetts Department of Housing and Community Development which confirms that fewer than 10% three bedroom units may be included in the Workforce Rental Community while still confirming that all of the units in the Workforce Rental Community shall be eligible for inclusion on the Town’s Subsidized Housing Inventory. In such an instance, the Planning Board shall have the discretion to approve fewer 3 bedroom units within the Workforce Rental Community, in conjunction with the issuance of the special permit, as long as the requirement described above with respect to confirmation of the eligibility of all of the units in the Workforce Rental Community relative to inclusion on the Town’s Subsidized Housing Inventory has been met. b. A minimum buffer area of at least 20 feet shall be established between the Workforce Rental Community and residentially zoned abutting properties. The Planning Board may require the buffer area to include plantings, fencing, walls, or other improvements to mitigate impacts to abutting properties. c. The Planning Board may, in addition to those requirements included in §139-23, require submission of additional documentation, including without limitation, detailed floor plans, operation and management plan for the project, including maintenance of the structure(s) and the site. d. The Planning Board may reduce, by up to 100%, the side and rear yard setbacks where two or more Workforce Rental Community Lot projects are adjacent to each other. Page 7 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions 4. Amend Section 18B by adding an asterisk after “Apartment” and inserting the following language under the “Notes” section: *For interpretation purposes, apartment shall include the following uses contained within the Use Table in §7A: apartment, apartment building, garage apartment, and workforce rental community. 5. Amend Section 23A(1) as follows: The construction or alteration of any single-family or duplex dwelling, or building accessory to such dwelling, except when such dwellings are an integral part of workforce homeownership housing bonus lots or a workforce rental community application pursuant to § 139-8 of this chapter, major commercial development application pursuant to § 139-11 of this chapter, and except where such dwellings are located in the Moorlands Management District, § 139-13 of this chapter; 6. Amend section 16A as follows: Except as expressly provided by § 139-330 of this chapter… PLANNING BOARD COMMENT: A locally based process for the creation of affordable/workforce housing units, as opposed to the 40B application process that is strictly controlled by the state, will become available if this zoning amendment is passed. Local regulations, including those regulations within the purview of the Historic District Commission, will guide the process for ownership and rental housing production. FINANCE COMMITTEE COMMENT: To be provided at Town Meeting, pending review of the Memorandum of Agreement executed between the Board of Selectmen and Richmond Great Point Development, LLC. ARTICLE 3 (Appropriation: Brant Point Boat House Renovation/Shellfish Propagation Facility) 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 for renovating and equipping the Brant Point Boat House/Shellfish Propagation Facility located at 2A Easton Street, including the costs of professional services for design, permitting, architecture, construction supervision, and other related professional services and any other costs incidental and related thereto; and to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that One Million Three Hundred Thousand Dollars ($1,300,000) be transferred from Free Cash in the Treasury of the Town, to be spent by the Town Manager with the approval of the Board of Selectmen, to pay costs for renovating and equipping the Brant Point Boat House/Shellfish Propagation Facility located at 2A Easton Street, including the costs of professional services for design, permitting, architecture, construction supervision, and other related professional services and any other costs incidental and related thereto. Page 8 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 4 (Appropriation: Our Island Home Design of New Facility) 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 professional services for design, permitting, architecture, construction supervision, and other related professional services for the construction of a new facility for Our Island Home, including all costs incidental and related thereto; and to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that One Million Dollars ($1,000,000) be appropriated, to be spent by the Town Manager with the approval of the Board of Selectmen, to pay costs of professional services for design, permitting, architecture, construction supervision, and other related professional services for the construction of a new facility for Our Island Home, including all costs incidental and related thereto; that to meet this appropriation, the Treasurer with the approval of the Board of Selectmen, be authorized to borrow One Million Dollars ($1,000,000), under and pursuant to Chapter 44, Section 7(21) of the General Laws or pursuant to any other enabling authority, and to issue bonds and notes therefor. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 5 (Appropriation: Fire Station) 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 supplement the previous appropriation made under Article 11 of the 2015 Annual Town Meeting to pay costs for constructing a new fire station at 4 Fairgrounds Road, including the costs of professional services for design, permitting, architecture, construction supervision, and other related professional services and any other costs incidental and related thereto; and to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town appropriate Two Million Dollars ($2,000,000) to be expended by the Town Manager, to supplement the previous appropriation made under Article 11 of the 2015 Annual Town Meeting to pay costs of constructing a new fire station at 4 Fairgrounds Road, including the payment of costs of professional services for design, permitting, architecture, construction supervision, and other related professional services and any other costs incidental and related thereto; and that to meet this appropriation, One Million Dollars ($1,000,000) shall be transferred from Free Cash, and the Treasurer, with the approval of the Selectmen, is authorized to borrow Page 9 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions One Million Dollars ($1,000,000) under Chapter 44, Section 7(3) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 6 (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 “2015 Special Town Meeting Warrant Article/Land Bank-School Land Transfer Proposal” dated October, 2015 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. Page 10 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested, consistent with the requirements of Article 97 of the Amendments to the Massachusetts Constitution to enact special legislation to authorize the transfer and conveyance of certain parcels of land in the Town of Nantucket owned by the Nantucket Islands Land Bank held for open space, recreational or conservation purposes, as described below to the Town of Nantucket to be administered by the Nantucket School Department for recreational purposes; and, that the General Court with the approval of the Board of Selectmen, make constructive changes in the text thereof as may be necessary or advisable in order to accomplish the intent of this legislation in order to secure its passage as follows: AN ACT 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 (portion of) -- Assessor’s Map 67, Parcel 400 -- Assessor’s Map 67, Parcel 401 -- Assessor’s Map 67, Parcel 402 -- Assessor’s Map 67, Parcel 398 -- Assessor’s Map 67, Parcel 397 -- Assessor’s Map 67, Parcel 396 -- Assessor’s Map 67, Parcel 395 -- Assessor’s Map 67, Parcel 394 -- A portion of Pilot Whale Lane abutting the parcels described above. Section 2. This act shall take effect upon its passage. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. Page 11 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions ARTICLE 7 (Correction to Article 7 (Compensation Schedule C) of 2015 Annual Town Meeting) To see if the Town will vote to correct the Town Clerk’s salary for Fiscal Year 2016 as voted at the 2015 Annual Town Meeting from $93,421 to $95,289 and to take any other action related thereto. (Board of Selectmen) NOTE: This is to correct an error. The Town Clerk’s salary was to have been increased to $95,289 at the 2015 Annual Town Meeting and it inadvertently was not reflected that way in the Finance Committee Motion. FINANCE COMMITTEE MOTION: Moved that Schedule C (Compensation Schedule for Elected Officials) as shown in the Finance Committee Motion to Article 7 of the 2015 Annual Town Meeting warrant is hereby amended so that the Town Clerk’s salary for FY 2016 is $95,289. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. Quantum of vote required for the passage of this motion is 2/3 Page 12 Town of Nantucket November 9, 2015 Special Town Meeting Warrant with Finance Committee Motions