HomeMy WebLinkAbout2019 Annual Town Meeting and Town Election Warrant
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
WARRANT FOR
2019 ANNUAL TOWN MEETING
Nantucket High School
Mary P. Walker Auditorium
Monday, April 1, 2019 – 6:00 PM
AND
ANNUAL TOWN ELECTION
Nantucket High School
Tuesday, April 9, 2019
7:00 AM – 8:00 PM
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
(508) 228-7255
www.nantucket-ma.gov
Page 1 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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
MONDAY, APRIL 1, 2019 AT 6:00 PM,
THEN AND THERE TO ACT ON THE ARTICLES CONTAINED WITH THE ENCLOSED WARRANT:
SENSE OF THE MEETING REQUEST
REGARDING SMALL MESH FISHING GEAR CLOSURE
In the continuing efforts to be excellent stewards of the waters and fisheries around Nantucket Island the citizens of Nantucket are requesting improved
management of our waters for present and future generations. Protection of spawning squid and squid mops, river herring, and sea herring are critical components to
managing these resources. To that end Nantucket is requesting equivalent protection to
the other 90% of Massachusetts coastal communities as shown on the attached map. This map shows 70 coastal communities in Massachusetts, 63 of which have a great
level of habitat and fisheries protection. Nantucket has not been afforded such protection to date. The citizens of Nantucket are all taxpayers in the Commonwealth of
Massachusetts like the other coastal communities on the attached map and should be afforded the same protection as the majority of the Commonwealth’s coastal
communities.
The citizens of Nantucket are requesting a mobile gear closure (bottom and
midwater draggers and hydraulic and regular clam dredges) with no waivers, letters of authorization or other means of waving the closure. This area would extend out to 3
miles from the Nantucket archipelago including Nantucket, Tuckernuck and Muskeget
from May 1 thru October 31.
(Select Board)
ARTICLE 1
(Receipt of Reports) To receive the reports of various departments and committees as printed in the
Fiscal Year 2018 Annual Town Report or as may come before this meeting; or to take any other action related thereto.
(Select Board)
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,
Page 2 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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.
(Select Board)
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.
(Select Board)
ARTICLE 4 (Revolving Accounts: Spending Limits for FY 2020)
To see what spending limits the Town will establish for revolving accounts established pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws
and Section 19-21 of the Town Code for Fiscal Year 2020; or take any other action
related thereto.
(Select Board)
ARTICLE 5 (Appropriation: Reserve Fund)
To see what sum the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund pursuant to Chapter 40 section 6 of the Massachusetts
General Laws, to provide for the extraordinary and unforeseen expenditures which may arise during Fiscal Year 2020; said sum not to exceed five (5) percent of the Fiscal Year
2019 tax levy; or to take any other action related thereto.
(Select Board)
ARTICLE 6
(Fiscal Year 2019 General Fund Budget Transfers)
To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2019 General Fund operating budget from other line items of said budget
and from other available funds; or to take any other action related thereto.
(Select Board)
ARTICLE 7
(Personnel Compensation Plans for Fiscal Year 2020) To see if the Town will vote to adopt the following Compensation Plans for Fiscal
Year 2020:
Page 3 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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 $75.00
Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 20.00
Dietician/Our Island Home (hourly) 39.00 41.00
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 26.00
Registered Nurse/Our Island Home (Per Diem – hourly) 35.00 37.00
Registrar of Voters (yearly) 600.00
Registrar, Temporary Assistant (hourly) 15.00
Seasonal Assistant Harbormaster (hourly) 30.00
Seasonal Maintenance Supervisor/Public Works (hourly) 21.00
Seasonal Health Inspector 30.00
Temporary Employee various rates of pay
Veterans' Agent (hourly) 16.00
Schedule B – Seasonal Employee Compensation Schedule
(Spring, Summer, Fall, Winter/Effective April 1, 2019 – April 1, 2020)
Compensation Level Start Second Season Third Season Fourth Season
A-Hourly* $15.50 $16.50 $17.50 $18.50
$19.00
B-Hourly* $16.50 $17.50 $18.50 $19.50
C-Hourly* $17.50 $18.50 $19.50 $20.50
D-Hourly* $19.50 $20.00 $20.50 $21.00
*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Information Aide, Seasonal Health Assistant, Shellfish Warden, Seasonal
Natural Resources Enforcement Officer B: Dock Worker, Natural Resources Technician, Seasonal Permit Sales Clerk
C: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal Laborer
D: Lead Lifeguard, Lead Dock Worker, Seasonal Recreational Coordinator,
Reserve Police Officer, Seasonal Engineering Intern
Page 4 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
Schedule C -- Compensation Schedule for Elected Officials* Moderator $175 per year
Selectman, Chair $5,000/per year
Selectmen $3,500/per year
Town Clerk $103,649
*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.
(Select Board)
ARTICLE 8
(Appropriation: Fiscal Year 2020 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 2020; or to take any other action related thereto.
(Select Board)
ARTICLE 9
(Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute, or transfer from available funds, for the Council for
Human Services to be used by the Council to contract with various health and human services, not-for-profit corporations to provide for the health, safety and welfare of the
inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that grant agreements be executed by and between the Select Board and the
respective private, not-for-profit agency for Fiscal Year 2020, which grant agreements
shall stipulate mutually agreed upon terms and conditions; or to take any other action related thereto.
(Select Board)
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.
(Select Board)
Page 5 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
ARTICLE 11 (Appropriation: Old South Road/Fairgrounds Road Intersection Area and Newtown
Road Transportation Improvements) 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 be spent by the Town Manager with the approval of the Select Board, for the purpose of making various
transportation-related improvements in the Old South Road/Fairgrounds Road
intersection area and Newtown Road, including the costs of professional services for design, permitting, engineering, construction, construction supervision, materials, and
other related professional services, and any other costs incidental and related thereto; 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.
(Select Board)
ARTICLE 12 (Milestone Rotary and Milestone Road Improvements – Local Support)
To see if the Town will vote to petition the Massachusetts Department of
Transportation in support of the reconstruction of the James Warren Coffin Memorial Rotary (also known as the Milestone Rotary) to improve overall safety and accessibility
for all users of the roadway and to reduce vehicle queuing, delays, and greenhouse gas emissions caused by insufficient capacity and inefficiency of the current configuration;
and further, to support the reconstruction of a section of Milestone Road between the Milestone Rotary and Bunker Road in a manner to include two 11 foot wide travel lanes
and two one foot wide shoulders to increase the safety and longevity of the roadway and
improve accessibility for freight vehicles to and from the island’s industrial zoned properties; or to take any other action relative thereto.
(Select Board)
ARTICLE 13
(Appropriation: Town Pier)
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 be spent by the
Town Manager with the approval of the Select Board, for the purpose of making improvements to the Town Pier located at 34 Washington Street, including the costs of
professional services for design, permitting, engineering, and other related professional
services, and any other costs incidental and related thereto; 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.
(Select Board)
Page 6 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
ARTICLE 14 (Appropriation: Landfill Closure Costs)
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 be spent by the
Town Manager with the approval of the Select Board, for the purpose of costs associated with the closure and capping of landfill cells 1A, 1B, and 1C, and partial
closure of cells 2A and 2B at the Town of Nantucket Landfill located at 188 Madaket
Road, including the costs of professional services for design, permitting, engineering, construction, construction supervision, materials, and other related professional
services, and any other costs incidental and related thereto; 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.
(Select Board)
ARTICLE 15
(Supplemental Appropriation: Public Safety Facility Auxiliary Building) 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 Select Board, to supplement the previous appropriations made under Article 11 of the 2015 Annual Town Meeting, Article 5 of the
November 9, 2015 Special Town Meeting, and Article 4 of the November 6, 2017 Special Town Meeting, to pay costs for constructing a public safety auxiliary building 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; 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.
(Select Board)
ARTICLE 16 (Appropriation: In-Town (Orange Street) Bike Path)
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 be spent by the
Town Manager with the approval of the Select Board, for the purpose of constructing the
In-Town (Orange Street) Bike Path including the costs of professional services for design, permitting, engineering, construction, construction supervision, materials, and
other related professional services, and any other costs incidental and related thereto; 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.
(Select Board)
Page 7 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
ARTICLE 17 (Appropriation: Surfside Area Roads Reconstruction)
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 be spent by the
Town Manager with the approval of the Select Board, for the purpose of making various transportation-related improvements in the Surfside area on Lover’s Lane, Monohansett
Road and Okorwaw Avenue, including the costs of professional services for design,
permitting, engineering, construction, construction supervision, materials, and other related professional services, and any other costs incidental and related thereto;
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.
(Select Board)
ARTICLE 18
(Appropriation: Acquisition of Property at 1 – 3 Miller Lane) To see if the Town will vote to authorize the Select Board to acquire by purchase,
gift, eminent domain or otherwise, the property located at 1 - 3 Miller Lane, known as the
”Nantucket Inn” and shown on Assessor’s Map 68 as Parcels 800 – 812, 814 – 853, 900 – 912, 914 – 921, 924 – 938, 941 – 951 for general municipal purposes and/or housing; and
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 be spent by the Town
Manager with the approval of the Select Board, for the purpose of acquisition and any other costs incidental and related thereto; provided, however, that any borrowing
authorized hereunder shall be contingent on the passage of a Proposition 2 and ½ debt
exclusion vote; and further to authorize the Select Board to dispose of all or a portion of said property by sale or lease in accordance with the procedures set forth in General
Laws Chapter 30B, s. 16, on such terms and conditions deemed by the Select Board to be in the best interests of the Town; or to take any other action related thereto.
(Select Board)
ARTICLE 19 (Appropriation: Fiscal Year 2020 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 2020, out of anticipated
revenues of the designated funds, for the purposes set forth above; or to take any other action related thereto.
(Select Board for the Various Departments Indicated)
Page 8 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
ARTICLE 20 (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.
(Select Board for the Various Departments Indicated)
ARTICLE 21 (Enterprise Funds: Fiscal Year 2019 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of Fiscal Year 2019 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.
(Select Board)
ARTICLE 22
(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.
(Select Board)
ARTICLE 23
(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 ambulances, and other such related costs to operate the Town’s ambulance services, including up to six (6) 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.
(Select Board)
Page 9 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
ARTICLE 24 (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.
(Select Board)
ARTICLE 25
(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 2020, 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 Two Hundred One Dollars ($170,201); or to
take any other action related thereto.
(Select Board/County Commissioners)
ARTICLE 26
(Appropriation: Finalizing Fiscal Year 2020 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 2020 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 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.
(Select Board/County Commissioners)
Page 10 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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 2020.
Or, to take any other action related thereto.
(Select Board)
ARTICLE 28 (Appropriation: Affordable Housing Trust Fund)
To see if the Town will appropriate a sum of money to pay costs of acquiring land,
which may include any buildings thereon, for the development of affordable housing, and also to pay costs of designing, constructing, reconstructing and equipping
affordable housing, all of which shall be undertaken in conjunction with the Town’s Affordable Housing Trust, and for the payment of all other costs incidental and related
thereto and to determine whether this amount should be raised by taxation, transfer
from available funds, borrowing or otherwise, and, further, to authorize the Town to enter into leases, subleases and any other similar arrangements with the Town’s
Affordable Housing Trust, or take any other action relative thereto.
(Select Board)
ARTICLE 29
(Appropriation for Special Purpose Stabilization Fund for Airport Employee Accrued Liabilities)
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 placed in the
Airport special purpose stabilization fund established pursuant to M.G.L. Chapter 40,
Section 5B, Paragraph 2, for the benefit of the Nantucket Airport, such fund to be used for the future payment of accrued liabilities for compensated absences due any
employee upon termination of the employee’s full-time employment; or take any action relative thereto.
(Select Board for Airport Commission)
ARTICLE 30 (Bylaw Amendment: Finances)
To see if the Town will vote to amend Chapter 19 (Finances), Article XIII (Revolving Accounts) by adding an additional revolving account 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; non-substantive changes to the numbering of this bylaw shall be permitted in order that it be
in compliance with the numbering format of the Code of the Town of Nantucket):
Page 11 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
§19-21. Revolving accounts established
FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND
Airport
Aviation Fuel
Fees and
receipts received in
connection
with sale of aviation fuel
Airport
Commission
Purchase of aviation fuel Purchase of Aviation Fuel, and repairs and
maintenance of the Fuel Farm.
(Select Board for Airport Commission)
ARTICLE 31 (Appropriation: Fiscal Year 2020 Senior Work-off Program)
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 purpose of
supporting the Senior Work-off Program pursuant to Massachusetts General Laws Chapter 59, section 5k for the Town of Nantucket for Fiscal Year 2020; or to take any
other action related thereto.
(Select Board)
ARTICLE 32
(Appropriation: FY 2020 Community Preservation Committee) To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2020 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
HallKeen Management
Restoration of the north and south facade windows in Academy Hill apartment building
$80,500
Nantucket Historical Association
Restoration of the Thomas Macy warehouse, providing wheelchair lift, fire suppression, security fire alarm and
emergency stairwell
$196,503
Page 12 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
Nantucket Historical Association
Restoration of Hadwen house, providing wheelchair lift and alarm/fire prevention
$83,351
Nantucket Housing Authority
Restoration of entire exterior building envelopes of 2 & 6 Miacomet to preserve the building from injury, harm or
destruction
$175,054
Nantucket Atheneum
Third phase, conservation of three historic paintings
$18,000
Nantucket Island School of Design & the Arts Phase two of the preservation and restoration of the Long
Barn and dairy barn, including digital documentation and
restoration of the rail fence for original pastures and paddocks
$243,551
Hospital Thrift Shop
Third phase of restoration of structural frame including repair of rubble foundation, updating electrical wiring and
remediating lead paint
$38,398.50
Historic Admiral Sir Isaac Coffin School
Fifth phase of the restoration including the replacement and repair of spalling bricks on three sides of the building and
the decorative Bricks that have fallen of or are broken
$111,000
Landmark House- Nantucket Community Service Inc. To preserve the building from injury, harm and destruction
to install 136 Anderson insert windows and 6 full frame
Anderson windows
$188,985
Sub-total $1,135,342.50
$1,080,239.50 of the funds to be used in this category are from the Community Preservation surcharge, interest and the State matching funds, and the balance of
the funds used in this category, $55,103 are from the Historic Preservation reserves.
Community Housing
Nantucket Affordable Housing Trust Fund
Allocation to the fund subject to the fund obtaining approval
from the CPC commissioners of the particular projects for affordable housing
$750,000
Nantucket Interfaith Council
Housing and rental assistance program
$150,000
Town of Nantucket
Funds to pay the interest and principal 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
Page 13 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
Sub-total $1,012,000
$8,480 of the funds utilized in this category is from the Designated reserves for
Community Housing, $45,000 of the funds utilized in this category is from the Undesignated reserves and the balance of the funds utilized in this category are 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
Nantucket Islands Land Bank - Hinsdale Inclusive Play Space Funding for the engineering and construction phase of a
new fully accessible, socially inclusive outdoor play space with a unique focus on Science, Technology Engineering,
Art and Math (STEAM)
$812,481
Sustainable Nantucket Community Farm Institute, phase 3
Funds for improvements to road, wash station, heat and dry storage for farming
$68,286
Sub-total $1,005,767
$765,767 of the funds utilized in this category is from the Open Space reserves with the balance of the funds to be used in this category from the Community Preservation
surcharge, interest and the State matching funds.
Administrative
Community Preservation Committee
Administrative and operating expenses
$125,000
Sub-total $125,000
$5,000 of the funds utilized in this category is from undesignated reserves and the
balance of the funds to be used in this category is from the Community Preservation surcharge, interest and the State matching funds.
TOTAL $3,278,109.50
All amounts to be appropriated from the following sources:
SOURCES AMOUNT
Page 14 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
Raised and appropriated from FY 2018 Community Preservation
Surcharge
$2,134,759.50
From State matching funds for FY 2018, to be received in 2019 $250,000
From Interest $14,000
From Designated Reserves for Historic Preservation $55,103
From designated reserves for Community Housing $8,480
From designated reserves for Open Space $765,767
From Undesignated Reserves $50,000
Total Revenues $3,278,109.50
For fiscal year 2020 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee.
Provided however, that the above expenditures may be conditional on the recording of appropriate historic preservation restrictions for historic resources, open space
restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in
favor of an entity authorized by the Commonwealth to hold such restrictions for such
expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act.
(Kenneth Beaugrand, et al)
ARTICLE 33
(Community Preservation Committee: Fiscal Year 2020 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 24 ATM 2006 Maria Mitchell Association
Fiscal Year 2020 Community Preservation Committee
Community Historic Preservation reserved fund balance $14,979.77
Article 22 ATM 2007
Artists Association of Nantucket
Fiscal Year 2020
Community Preservation Committee
Community Historic Preservation reserved fund balance $612.26
Page 15 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
Article 26 ATM 2010
First Congregational Church
Fiscal year 2020
Community Preservation Committee Community Historic Preservation
reserved Fund balance $0.06
Article 26 ATM 2013
Two Center Street Restoration
Project
Fiscal year 2020 Community Preservation Committee
Community Historic Preservation
reserved Fund balance $163.00
Article 26 ATM 2013 University of Florida
Preservation Institute, Nantucket
Fiscal year 2020 Community Preservation Committee
Community Historic Preservation reserved Fund balance $11.43
Article 30 ATM 2014 Homestead of Nantucket
Fiscal year 2020 Community Preservation Committee
Community Historic Preservation reserved Fund balance $2,858.32
Article 20 ATM 2016
First Congregational Church
Fiscal year 2020
Community Preservation Committee Community Historic Preservation
reserved Fund balance $0.50
Total Transfers to Community Historic Preservation Reserved fund
balance $18,625.34
Total transfers back to Community Preservation Reserved Fund
Balances $18,625.34
(Kenneth Beaugrand, et al)
ARTICLE 34
(Appropriation: Traffic and Pedestrian Safety Improvements) 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 be spent by the
Department of Pubic Works, with the approval of the Town Manager and the Select Board, for the purpose of making Traffic and Pedestrian Safety Improvements at the
intersection of Bartlett Road and Surfside Road by the installation of two (2) stop signs creating a 3-way stop; not to include the addition of additional turning lanes. This sum
should include the costs of professional services for design, installation and the cost of
equipment and materials, and any other costs incidental and related thereto.
(Campbell Sutton, et al)
Page 16 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
ARTICLE 35 (Appropriation: Health and Human Services – Ambulance Transport Fund)
To see if the Town will vote to appropriate the sum of One Hundred Ten Thousand Dollars ($110,000) from Free Cash and or the General Fund or any other
source to deposit into the Health & Human Services Department, to fund ambulance transport for behavioral health patients from Nantucket to treatment facilities off island.
(Walter Wieners, et al)
ARTICLE 36 (Appropriation: Island-wide and Municipal Energy Study)
(Preamble) As the Commonwealth of Massachusetts’ most remote island community,
Nantucket is particularly vulnerable to the devastating impacts of climate change and
rising sea levels. The Massachusetts Green Community Designation and Grant Program provides a road map along with significant financial and technical support to
municipalities that 1) pledge to cut municipal energy use by an ambitious and achievable goal of 20 percent over 5 years and 2) meet four other criteria established in
the Green Communities Act. The Program has designated 210 cities and towns as
Green Communities, delivering to them over $39 million in grants for energy projects. The Passage of the “Green Communities” appropriation, zoning, and stretch code
articles are critical to advance the Town of Nantucket’s eligibility for the Massachusetts Green Community Designation Program.
(Article)
To see if the Town will vote to appropriate, and also to raise, borrow pursuant to
any applicable statute or transfer from available funds for the payment, up to $100,000 dollars for the purposes of conducting an Island wide and municipal energy study across
all energy uses; such study shall establish a baseline on energy usage on Nantucket, or to take any other action related thereto and for the purpose of meeting the minimum
requirements described in the “Green Communities” criteria.
(Tobias Glidden, et al)
ARTICLE 37
(Appropriation: Acquisition of Existing Properties for Affordable Housing Purposes)
(Preamble) Unless and until the 40B laws are changed, it is imperative for the preservation of
our environment, open spaces and historic neighborhood character that we as a community stay ahead of the requirements of M.G.L. Chapter 40B. To accomplish this,
we must reach “Safe Harbor” at the earliest possible date and remain there. We believe that the best way to do this is to raise and appropriate the funds necessary to
strategically acquire existing housing stock and add this stock to our Subsidized
Housing Inventory List (the 10% required by the state).
Page 17 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
(Article) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to
any applicable statute or transfer from available funds, up to $30 million for the purposes of acquiring existing properties for affordable housing purposes, which may include an
affordable rental program, and which would all qualify on the SHI list to assist the Town in obtaining Safe Harbor as it is known under Chapter 40B of the M.G.L.; provided,
however, that any borrowing authorized hereunder shall be contingent on the passage
of a Proposition 2 and ½ debt exclusion vote; and provided further that said funds may be expended by the Town Manager, with the approval of the Select Board, which may
include a grant or grants to the Nantucket Affordable Housing Trust, with oversight by the Select Board; or to take any other action related thereto.
(Tobias Glidden, et al)
ARTICLE 38 (Zoning Map Change: RC to CN – Williams Lane)
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 Neighborhood (CN) district:
MAP LOT NUMBER STREET
55 138.2 8 WILLIAMS LANE
55 140 6 WILLIAMS LANE
55 418 4 WILLIAMS LANE
55 141 (PORTION OF) 89 PLEASANT STREET
All as shown on a map entitled “2019 Annual Town Meeting Warrant Article 38 RC to CN” dated August 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 39 (Zoning Map Change: RC-2 to CMI, CN, and/or CTEC – Square Rigger, Nobadeer
Farm, and Old South Roads, Arrowhead Drive)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Commercial Mid-Island (CMI), Commercial Neighborhood (CN), and/or Commercial, Trade, Entrepreneurship and Craft (CTEC) district:
MAP LOT NUMBER STREET
69 11 138 OLD SOUTH ROAD
69 18 41 NOBADEER FARM ROAD
69 103 41 NOBADEER FARM ROAD
69 34 44 NOBADEER FARM ROAD
Page 18 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
69 35.1 46 A (#1) NOBADEER FARM ROAD
69 35.2 46 B (#2) NOBADEER FARM ROAD
69 35.3 46 C (#3) NOBADEER FARM ROAD
69 36 48 NOBADEER FARM ROAD
69 37 132 OLD SOUTH ROAD
69 38 134 OLD SOUTH ROAD
69 39 136 OLD SOUTH ROAD
69 41 4 SQUARE RIGGER ROAD
69 42 6 SQUARE RIGGER ROAD
69 43 8 SQUARE RIGGER ROAD
69 45 9 SQUARE RIGGER ROAD
69 46 7 SQUARE RIGGER ROAD
69 47 5 SQUARE RIGGER ROAD
69 48 3 SQUARE RIGGER ROAD
69 59 4 ARROWHEAD DRIVE
69 60 140 OLD SOUTH ROAD
69 61 142 OLD SOUTH ROAD
All as shown on a map entitled “2019 Annual Town Meeting Warrant Article 39 RC-2 to
CMI, CN, and/or CTEC” dated August 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 40 (Zoning Map Change: RC-2 to CTEC – Nobadeer Farm and Hinsdale Roads, and
Rosemary Way) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by placing the following property currently located in the Residential Commercial 2 (RC-
2) district in the Commercial, Trade, Entrepreneurship and Craft (CTEC) district:
MAP LOT NUMBER STREET
69 112 83 HINSDALE ROAD
69 21 81 HINSDALE ROAD
69 22 85 HINSDALE ROAD
69 23 89 HINSDALE ROAD
69 24.1 27 NOBADEER FARM ROAD
69 24.2 93 HINSDALE ROAD
69 24.3 29 NOBADEER FARM ROAD
69 24.4 95 HINSDALE ROAD
69 276 5 ROSEMARY WAY
Page 19 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
69 277 7 ROSEMARY WAY
69 278 10 ROSEMARY WAY
All as shown on a map entitled “2019 Annual Town Meeting Warrant Article 40 RC-2 to CTEC” dated August 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 41 (Zoning Map Change: RC-2 to R-5 – Yawkey Way, Hinsdale Road, and Macys Lane)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following property currently located in the Residential Commercial 2 (RC-2) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
69 19.1 1 YAWKEY WAY
69 269 2 YAWKEY WAY
69 300 3 YAWKEY WAY
69 297 4 YAWKEY WAY
69 299 5 YAWKEY WAY
69 298 6 YAWKEY WAY
68 33 (PORTION OF) 79 HINSDALE ROAD
68 33.2 (PORTION OF) 45 MACYS LANE
All as shown on a map entitled “2019 Annual Town Meeting Warrant Article 41 RC-2 to R-5” dated August 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 42 (Zoning Map Change: RC-2 to CTEC – Youngs 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 2 (RC-2) district in the Commercial, Trade, Entrepreneurship and Craft (CTEC) district:
MAP LOT NUMBER STREET
68 237 3 YOUNGS WAY
68 230 9 YOUNGS WAY
68 329 13 YOUNGS WAY
68 328 15 YOUNGS WAY
68 327 17 YOUNGS WAY
Page 20 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
68 326 19 YOUNGS WAY
68 325 21 YOUNGS WAY
68 324 23 YOUNGS WAY
68 688 25 YOUNGS WAY
68 689 27 YOUNGS WAY
68 690 29 YOUNGS WAY
68 691 31 YOUNGS WAY
All as shown on a map entitled “2019 Annual Town Meeting Warrant Article 42 RC-2 to
CTEC” dated August 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 43
(Zoning Map Change: RC-2 to CN and/or R-5 – Youngs Way) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
as follows:
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
68 251.1 4A YOUNGS WAY
68 251.2 4B YOUNGS WAY
68 251.3 4C YOUNGS WAY
68 239.2 6 YOUNGS 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
68 238 1 YOUNGS WAY
68 243 10 YOUNGS WAY
68 244 12 YOUNGS WAY
68 797 14 YOUNGS WAY
68 796 16 YOUNGS WAY
68 795 18 YOUNGS WAY
68 794 20 YOUNGS WAY
68 793 22 YOUNGS WAY
68 792 24 YOUNGS WAY
68 791 26 YOUNGS WAY
68 790 28 YOUNGS WAY
Page 21 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
68 233 30 YOUNGS WAY
68 234 34 YOUNGS WAY
68 235 38 YOUNGS WAY
68 236 42 YOUNGS WAY
68 981 28 TICCOMA WAY
All as shown on a map entitled “2019 Annual Town Meeting Warrant Article 43 RC-2 to
CN and/or R-5” dated August 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 44
(Zoning Map Change: RC-2 to R-5 and/or CN – Old South 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 2 (RC-2) district in the Residential 5 (R-5) district and/or the Commercial Neighborhood (CN) district:
MAP LOT NUMBER STREET
68 3 31 OLD SOUTH ROAD
68 3.1 31 OLD SOUTH ROAD
All as shown on a map entitled “2019 Annual Town Meeting Warrant Article 44 RC-2 to R-5 and/or CN” dated August 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 45 (Zoning Map Change: RC-2 to CN – Thirty Acres Lane and Essex 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 2 (RC-2) district in the Commercial Neighborhood (CN) district:
MAP LOT NUMBER STREET
67 115.2 3 THIRTY ACRES LANE
67 115.9 5 THIRTY ACRES LANE
67 115.8 7 THIRTY ACRES LANE
67 115.7 9 THIRTY ACRES LANE
67 115.6 10 THIRTY ACRES LANE
67 115.5 8 THIRTY ACRES LANE
67 115.4 6 THIRTY ACRES LANE
Page 22 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
67 115.3 4 THIRTY ACRES LANE
67 115 2 THIRTY ACRES LANE
67 638 12 ESSEX ROAD
67 637 14 ESSEX ROAD
All as shown on a map entitled “2019 Annual Town Meeting Warrant Article 45 RC-2 to CN dated August 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 46 (Zoning Map Change: RC-2 to R-5 – Thirty Acres Lane, Bartlett Road, and Essex 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 2
(RC-2) district in the Residential 5 (R-5) district:
MAP LOT NUMBER STREET
67 876 18 BARTLETT ROAD
67 113.1 18 BARTLETT ROAD
67 594 20 BARTLETT ROAD
67 595 2 ESSEX ROAD
67 596 2 ESSEX ROAD
67 597 4 ESSEX ROAD
All as shown on a map entitled “2019 Annual Town Meeting Warrant Article 46 RC-2 to R-5” dated August 2018 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 47 (Zoning Bylaw Amendment: Residential Old Historic – Ground Cover Ratio)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, Section 16, 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-sustentative changes to the numbering of this bylaw be permitted in order that it be in
compliance with the numbering format of the Code of the Town of Nantucket):
Page 23 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
Yard Setback
District
Defined in § 139-3
Minimum Lot
Size (square feet) Front (feet) Side/Rear
(feet)**
Frontage
(feet)*
Ground Cover
Ratio
ROH/SOH 5,000 None 5 50 40% ROH
50% SOH
The reduction in ground cover from 50% to 40% in the ROH district shall have an
effective date of July 1, 2019.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 48
(Zoning Bylaw Amendment: Nantucket Housing Needs Covenant – Qualified Family Member and Qualified Renter)
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-sustentative changes to the numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of the Town of Nantucket):
1. Amend section 2 (Definitions) as follows:
SECONDARY LOTS - Lots created by the division of the original lot into two lots
pursuant to § 139-8C. One of the two lots shall be subject to an NHNC-Ownership Form, or shall be owner-occupied by a qualified family member, in
which case the lot shall be subject to the NHNC-Ownership Form, except for the established income and asset limits.
2. Amend section 8B (Residential development options) as follows:
B. Nantucket Housing Needs Program.
…
(2) Definitions. The following definitions only apply to this § 139-8C:
…
NANTUCKET HOUSING NEEDS COVENANT (NHNC)…
Page 24 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
…
QUALIFIED PURCHASER HOUSEHOLD - A household
whose gross annual income is less than 150% of the median annual household income for Nantucket County as
determined by the most recent calculation of the U.S. Department of Housing and Urban Development median
income.
QUALIFIED RENTER HOUSEHOLD - A household whose gross annual income is not more than 100% of the median
annual household income for Nantucket County as determined by the most recent calculation of the U.S.
Department of Housing and Urban Development median income.
AFFORDABLE HOUSING RENTER HOUSEHOLD - A
household whose gross annual income is not more than 150% of the median annual household income for Nantucket
County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development.
(3) General requirements.
(a) Housing subject to the Nantucket Housing Needs Covenant (NHNC) shall be: …
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 and to help those people or
households to continue to reside on Nantucket including to generate and preserve aAffordable hHousing in the Town of
Nantucket in perpetuity; and, to help incentivize creation of Commonwealth of Massachusetts DHCD Subsidized Housing
Inventory (SHI) List Rental Unit(s); , all in order to maintain
Nantucket's diversity and unique sense of community.
…
(3) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning
Board, acting as the special permit granting authority, may issue a special permit authorizing the division of a lot into two lots, provided
the following requirements and/or conditions shall apply:
…
(b) One of the two lots shall be subject to an NHNC-
Ownership Form, which form shall provide without limitation, that the owner of that lot shall earn at or below 150% of the
Page 25 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
Nantucket County median household income, subject to the following:
[1] Secondary lots held, sold, transferred or gifted to any qQualified Family Mmember(s) shall not be
subject to the NHNC or the income and asset limits for eligible households unless and until Uupon resale,
transfer, or gift of ownership of the secondary lot to a
nonqualified family member at which time the lot shall, by virtue of deed restriction as a condition of the
special permit, be subject to an NHNC-Ownership Form, and all requirements set forth therein including
income and asset limits for eligible households.
[2] Secondary lots developed for rent to Affordable
Housing Renter Household(s), Qualified Renter
Household(s), or to create SHI List Rental Unit(s), shall not be subject to the NHNC unless and until
upon resale, transfer, or gift of ownership of the secondary lot to a nonqualified family member at
which time the lot shall, by virtue of a deed restriction
as a condition of the special permit, be subject to an NHNC and all requirements set forth therein including
income and asset limits for eligible households.
Or to take any other action related thereto.
(Select Board for Planning Board)
ARTICLE 49
(Zoning Bylaw and Map Amendments: Miscellaneous Technical) To see if the Town will vote to approve the following technical amendments
(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-sustentative changes to the numbering of this bylaw be
permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
1. Amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows:
a. By amending Section 2 (definitions) as follows:
GROUND COVER The horizontal area of a lot covered at grade by structures, together with
those portions of any overhangs which contain enclosed interior space;
excluding, for instance, tents, retaining walls, substantially below grade finished or unfinished space, exterior insulation applied to the foundation
of a structure, …
Page 26 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
YARD
…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 and any exterior insulation applied to the foundation) between the structure and the lot line.
TERTIARY DWELLING (2)…(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. When a tertiary dwelling unit is the third dwelling unit within a single
structure, a special permit issued by the Planning Board is required.
b. By amending Section 7A to change the use allowance for “Second
dwelling” in the MMD district only from “Y” to “N”;
c. By amending Section 7A to change the use allowance for “Contractor shop” in CMI district from “N” to “SP”;
d. By amending Section 12G(3)(a) as follows:
The Planning Board shall be the sole special permit granting authority for all commercial uses requiring a special permit within the MIPOD.
e. By amending 139-16C(1) as follows:
Notwithstanding the provisions of §139-7C(4), Tthe Board of Appeals may grant a special permit to reduce the ten-foot side yard setback in R-5 and
the ten-foot side and rear yard setback in R-10, R-20 and SR-20 to five feet.
2. Amend the Zoning Map as follows: a. Place a portion of 148 (aka 148A) Surfside Road (Map 80, Parcels 32 and
32.1) currently located in the LUG-1 district in the R-20 district.
Or to take any other action related thereto.
(Select Board for the Planning Board)
ARTICLE 50
(Zoning Map Change: V-Tech to VN – Appleton Road) To see if the Town will vote to take the following actions in regard to the following
property:
Map Lot Number Street
66 66 43 Appleton Road
66 502.1 47A Appleton Road
Page 27 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
66 502.2 47B Appleton Road
66 502.3 47C Appleton Road
(1) Amend the Zoning Map of the Town of Nantucket by placing the foregoing properties, currently located in the Village-Technical (V-Tech) district, to the
Village-Neighborhood (VN) zoning district:
All as shown on the attached map.
Or to take any other action related thereto.
(Arthur I. Reade, Jr, et al)
ARTICLE 51
(Zoning Map Change: R-20 to CN – Lovers Lane)
To see if the Town will vote to take the following actions in regard to the following property:
Map Lot Number Street
68 196 12 Lovers Lane
(1) Amend the Zoning Map of the Town of Nantucket by placing the foregoing
property, currently located in the Residential-20 (R-20) district, to the
Commercial Neighborhood (CN) zoning district:
All as shown on the attached map.
Or to take any other action related thereto.
(Samuel N. Limperis, et al)
ARTICLE 52
(Zoning Map Change: LUG-2 to R-40 – Daffodil Lane) To see if the Town will vote to take the following actions in regard to the following
property:
Map Lot Number Street
68 725 1 Daffodil Lane
68 724 3 Daffodil Lane
(2) Amend the Zoning Map of the Town of Nantucket by placing the foregoing properties, currently located in the Limited Use General-2 (LUG-2) district, to
the Residential-40 (R-40) zoning district:
All as shown on the attached map.
Page 28 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
Or to take any other action related thereto.
(Sandra Palchanis, et al)
ARTICLE 53 (Zoning Bylaw Amendment: Swimming Pools)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket as follows:
1. Amend Section 2 (definition of Ground Cover) to read as follows:
GROUND COVER The horizontal area of a lot covered at grade by structures, together with those
portions of any overhangs which contain enclosed interior space; excluding, for
instance, tents, retaining walls, substantially below grade finished or unfinished space, decks, unenclosed porches, unenclosed roofed overhangs and connectors,
entryway hoods and projections, gazebos, pergolas, play structures, platforms and steps, docks, game playing courts at grade, exterior in-ground residential swimming
pools, exterior in-ground or above grade hot tub/spas, chimneys, bulkheads, bay and
bow windows, window wells, unenclosed breezeways, air conditioning units, unroofed walled enclosures, exterior showers, fuel tanks, roof eaves, trash bins, and
not more than one accessory detached shed, provided that the shed shall not exceed 16 feet in height, that only a slab, pier, or crawl space foundation shall be
constructed, and that the ground cover shall not to exceed 200 square feet.
2. Amend Section 2 (definition of Swimming Pool – Residential) to read as follows:
SWIMMING POOL – RESIDENTIAL
A structure designed to be used for recreational purposes, either above or below grade, containing water more than 24 inches in depth and exceeding 150 square feet
of water surface area, or exceeding 1,000 gallons. This shall not include ornamental
ponds, decorative water features, including, but not limited to, fountains, bird baths, and the like. The structure of a swimming pool shall be deemed to include a five (5)
perimeter around the swimming pool wall. The swimming pool must be located on the same or contiguous lot as a residential dwelling or constructed for the benefit of a
group of residences, such as a multifamily development, subdivision, or in
conjunction with a neighborhood association. Side and rear yard setbacks of 20 feet shall apply to the residential swimming pools and associated mechanical equipment
in all districts. A residential swimming pool shall be allowed for the benefit of a group of residences, such as a multifamily development, subdivision, or in conjunction with
a neighborhood association, in any district, by special permit granted by the Planning Board, acting as the special permit granting authority. In the VR and R-20/SR-20
Districts only, the Zoning Board of Appeals, acting as the special permit granting
authority, may grant a special permit to allow a residential swimming pool on a lot, subject to the following criteria being met: (1) the lot must meet or exceed the
minimum lot size for the district, and (2) side and rear yard setbacks of 20 feet shall apply to the residential swimming pool and associated mechanical equipment.the
Page 29 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
use must be in harmony with the character of the neighborhood, and (3) the pool and associated mechanical equipment must be screened with native, non-invasive
species so that the pool can not be seen from any street (as defined in this Section) or from any abutting property. The permit shall be subject to limitations and
restrictions, if any, necessary to minimize the potential niusance (including, but not limited to, noise and light) to abutting property owners.
3. Amend the “Swimming pool-residential” column of the Use Chart under Section 7A by: (a) deleting “A” in all Town Residential Districts columns, except R-20/SR-20 and R-
40 and replacing them with “N” (b) deleting “A” in Town Residential District column R-20/SR-20 replacing it with “SP” and (c) deleting “SP” in the Country Residential District
column MMD and replacing it with “N.” 4. Amend the Use Chart under Section 7A by: (a) adding a new line entitled
“Swimming pool – group of residences” (b) adding “SP” for each District on the Use Chart, and (3) by adding a footnote that the special permit granting authority for this use
shall be the Planning Board.
Purpose of the Changes
There were approximately 791 swimming pools in Nantucket as of July 31, 2018
(Source: Assessor Data) and 61% of the pools were built on lots in zoning districts where the minimum lot size is 40,000 SF (R-40, LUG-1, LUG -2, LUG-3); the percentage
is 82% when you add 20,000 SF zones.
However, 110 pools are in residential zoning districts with a minimum lot size of
10,000 SF with rear and size lot setbacks of no more than 10 feet. Lots in the R-1/SR-1 districts have rear and side yard setbacks of only 5 feet.
Pools built on small, in town lots, with minimum building setbacks are a nuisance to
neighboring properties due to outside lighting and noise. The proposed change in the
zoning bylaw will reduce the potential nuisance to neighbors and the density of the building footprint while affecting a relatively small percentage of the pool population.
Explanation of Changes
The proposed amendment would prohibit residential swimming pools in Town Residential Districts with a minimum lot size of 10,000 SF or less and in the Moorlands
Management District (MMD). Pools would continue to be permitted as an accessory use by Special Permit in Residential districts R-20/SR-20 and in Country Residential District
V-R . Pools would continue to be permitted as an accessory use without a Special Permit in all other districts, including R-40 and LUG-1, LUG 2 and LUG-3. Community
and neighborhood association pools would be permitted in all zoning districts by Special
Permit.
Where allowed, residential swimming polls would be subject to the following restrictions:
Page 30 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
a) The area of the pool and a 5 foot perimeter around the pool wall would be included
as ground cover for purposes of calculation the ground coverage ratio and setbacks.. b) The side and rear setback would be 20 feet for the pool in all districts.
c) Pools are subject to the noise and outdoor lighting provisions of the Town Code. d) In VR and R-20/SR-20 districts, the Zoning Board of Appeals may impose additional
restrictions on location, screening, lighting and noise.
(Frederick McClure, et al)
ARTICLE 54
(Zoning Bylaw Amendment: Definition of Marijuana Establishment Recreational) To see if the Town will vote to: amend the definition of Marijuana Establishment,
Recreational in Section 139-2, by adding at the end:
Any waivers from the standards contained within Subsection (a) through (l) of this
definition may be granted through the issuance of a Special Permit by the Planning Board upon the finding that it is consistent with the intent and purpose of the Bylaw.
(Steven Cohen, et al)
ARTICLE 55 (Zoning Bylaw Amendment: Definition of Marijuana Establishment Recreational)
To see if the Town will vote to: amend the definition of Marijuana Establishment, Recreational in Section 139-2 to delete the language in strike-out and to add the
highlighted language:
(c) Except where co-located, a minimum separation of 2,000500 feet, measured
between lot lines, is required between recreational marijuana establishments.
(Steven Cohen, et al)
ARTICLE 56
(Zoning Bylaw Amendment: Definition of Ground Cover) To see if the Town will vote to: amend the definition of Ground Cover in Section
139-2, as below, by adding the highlighted language:
The horizontal area of a lot covered at grade by structures, together with those portions
of any overhangs which contain enclosed interior space; excluding, for instance, tents, retaining walls, substantially below grade finished or unfinished space, decks,
unenclosed porches, unenclosed roofed overhangs and connectors, entryway hoods and projections, gazebos, pergolas, play structures, platforms and steps, docks, game
playing courts at grade, exterior in-ground residential swimming pools, exterior in-
ground or above grade hot tub/spas, chimneys, bulkheads, bay and bow windows, window wells, unenclosed breezeways, air conditioning units, generators and generator
enclosures, mechanical and utility equipment, unroofed walled enclosures, exterior showers, fuel tanks, roof eaves, trash bins, and not more than one accessory detached
Page 31 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
shed, provided that the shed shall not exceed 16 feet in height measured from the top of the foundation, that only a slab, pier, or crawl space foundation shall be constructed,
and that the ground cover shall not to exceed 200 square feet.
(Steven Cohen, et al)
ARTICLE 57
(Zoning Bylaw Amendment: Definition of Structure) To see if the Town will vote to: amend the definition of Structure in Section 139-2,
as below, by deleting the language in strike-out and adding the language highlighted:
Anything constructed or erected, the use of which requires a fixed location on the ground. "Structure" shall be construed, where the context allows, as though followed by the words "or part thereof" and shall include, but not be limited to, buildings, retaining
walls which support buildings, platforms, more than two steps providing access to a structure that in total are more than 10 feet in length and two feet in depth in all districts
except for R-40, LUG-1, LUG-2, LUG-3, and MMD, antenna towers, steel storage containers, lighthouses, docks, decks, chimneys, tents, and game courts. "Structure"
shall not include retaining walls not exceeding four feet in height for landscaping
purposes, fences, rubbish bins, underground propane tanks, stairs providing access to a structure, including access ramps and platforms, that are at least two feet from a lot line
in all districts except for R-40, LUG-1, LUG-2, LUG-3, and MMD, and a maximum of two aboveground propane tanks not to exceed 120 gallons each.
(Steven Cohen, et al)
ARTICLE 58 (Zoning Bylaw Amendment: Definition of Tent)
To see if the Town will vote to: amend the definition of Tent in Section 139-2, as below, by striking the language in strike-out and adding the highlighted language:
A portable enclosure or enclosures constructed of fabric, plastic, or a similar pliable material supported by one or more poles or framing and secured by pegs into the
ground. Tents shall not be erected for periods exceeding 30 days per calendar year; however, tents which in the aggregate exceed 150 square feet shall not be erected for
more than three events per calendar year or periods exceeding nine calendar days per
year, whichever is less, and shall not be erected for more than four events or periods not exceeding 12 calendar days, whichever is less, within any three consecutive calendar
year period, on properties where the principal use is residential unless a special permit from the Board of Appeals has been issued based on a determination that the use is
ancillary to the residential use of the property and not a commercial use. The limitation on erecting tents shall apply to single lots or to multiple abutting lots in common
ownership or common control.
(Steven Cohen, et al)
Page 32 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
ARTICLE 59 (Zoning Bylaw Amendment: Definition of Yard, Front)
To see if the Town will vote to: amend the definition of Yard, Front in Section 139-2, as below, by adding the highlighted language:
The yard extending from the street line of a lot inwardly the required front-yard setback
distance. For lots abutting two or more streets or ways, whether constructed or not, the
required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line, except in the R-1 and
RC-2 Districts, where a minimum ten-foot side yard setback shall be maintained from any other street or way, whether constructed or not. For lots abutting one street or way,
whether constructed or not, on more than one side or portion thereof, the Planning Board may grant a waiver by Special Permit to allow the required side yard or rear yard
setback to be maintained from such portion of the lot as the Planning Board determines
to be consistent with the purpose of this definition.
(Steven Cohen, et al)
ARTICLE 60
(Zoning Bylaw Amendment: Nantucket Housing Needs Covenant Program) To see if the Town will vote to: amend Section 139 to provide for an expansion of
the secondary residential lot option in Section 139-8, or an alternative development option thereto, to authorize the Planning Board to allow that lots greater than 40,000
Square Feet may be subdivided into more than two lots where at least 50% of the lots are subject to a Nantucket Housing Needs Covenant for affordable ownership by a
Qualified Purchaser Household, or for affordable rental to a Qualified Rental Household.
New lots created by this option and not subject to such a covenant shall be prohibited from having a Secondary Dwelling. All new lots created by this option shall be required
to provide adequate access and parking.
(Steven Cohen, et al)
ARTICLE 61
(Zoning Bylaw Amendment: Rear Lot Subdivision) To see if the Town will vote to: amend Section 139-8.E(3)(d) to delete the
language in strike-out and to add the highlighted language:
The number of buildings lots shall not exceed the number which may have otherwise
been created on a conventional Approval Required or Approval Not Required subdivision plan meeting all dimensional and upland requirements of the Zoning Bylaw
and the requirements contained within the "Rules and Regulations Governing the Subdivision of Land," as may be amended from time to time, as demonstrated by the
submission of a dimensioned lotting plan.
(Steven Cohen, et al)
Page 33 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
ARTICLE 62 (Zoning Bylaw Amendment: Solar Energy Overlay District)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows:
1. To amend Section 139- 12 as follows:
A. By amending the title of §139-12 as follows:
Overlay Districts Flood Hazard (FHD), Public Well Recharge (PWR), Multifamily (MF), Neighborhood Employee Housing (NEHOD), County Overlay District
(COD) and Town Overlay District (TOD), Harbor Overlay District (HOD), Multi-
Family Overlay District (MFOD), Village Height Overlay District (VHOD), and Solar Energy Overlay District (SEOD).
B. By adding a new subsection §139-12.L, as follows:
Solar Energy Overlay District (SEOD). Notwithstanding the provisions of 139-7, solar energy facilities located in the SEOD may proceed without the need for a
special permit, variance, or other discretionary approval.
A. This section shall apply to new land based solar energy facilities and to
physical modifications to existing land based facilities that materially
alter the type, configuration, or size of such facilities or related
equipment.
B. General requirements:
a. Minor site plan review, as set forth in §139-23 shall be required
for all solar energy facilities in the SEOD. The Planning Board
shall be the minor site plan review authority for solar energy
facilities in the SEOD. In addition to the minor site plan review
requirements of§139-23, the following information shall be
included on the site plans:
i. Outline of all existing structures, including purpose (e.g.
residence, garage, commercial etc.) for all structures
located on the site and on lots within 500 feet of the site.
A note indicating the distance from the solar energy
facility to each structure shown shall also be included.
ii. Any existing overhead utility lines.
iii. Documentation of the solar energy facility’s manufacturer
and model and the length, width and height of the solar
array.
iv. The name, address and contact information of all
applicants, property owners and agents representing the
applicant and/or owner.
Page 34 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
v. Property lines and physical features, including roads, for
the project site;
vi. Proposed changes to the landscape of the site, grading,
vegetation clearing and planting, exterior lighting,
screening vegetation or structures;
vii. Blueprints or drawings of the solar photovoltaic
installation signed by a Professional Engineer licensed to
practice in the Commonwealth of Massachusetts showing
the proposed layout of the system and any potential
shading from nearby structures
viii. One or three line electrical diagram detailing the solar
photovoltaic installation, associated components, and
electrical interconnection methods, with all National
Electrical Code compliant disconnects and overcurrent
devices;
ix. Documentation of the major system components to be
used, including the PV panels, mounting system, and
inverter;
x. Name, address, and contact information for proposed
system installer;
xi. Name, address, phone number and signature of the
project proponent, as well as all co-proponents or
property owners, if any;
xii. The name, contact information and signature of any
agents representing the project proponent;
b. Zoning district designation for the parcel(s) of land
comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose);
c. Proof of liability insurance; and d. Description of financial surety that satisfies Section 3.12.3.
The Site Plan Review Authority may waive documentary requirements as it
deems appropriate.
C. Site Control The project proponent shall submit documentation of actual or
prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar
photovoltaic installation.
D. Operation & Maintenance Plan
The project proponent shall submit a plan for the operation and maintenance of the large- scale ground-mounted solar
photovoltaic installation, which shall include measures for
Page 35 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of
the installation. E. Utility Notification
No large- scale ground –mounted solar photovoltaic installation shall be constructed until evidence has been given to the Site
Plan Review Authority that the utility company that operates the
electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or
operator’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this
requirement. F. Dimension and Density Requirements
a. For large - scale ground-mounted solar photovoltaic installations,
front, side and rear setbacks shall be as follows: The following setback requirements shall apply:
i. Front yard: The front yard depth shall be at least 10 feet; provided, however, that where the lot abuts a Conservation-
Recreation or Residential district, the front yard shall not be less
than 50 feet. ii. Side yard. Each side yard shall have a depth at least 15 feet;
provided, however, that where the lot abuts a Conservation-Recreation or Residential district, the front yard shall not be less
than 50 feet. iii. Rear yard. The rear yard depth shall be at least 25 feet;
provided, however, that where the lot abuts a Conservation-
Recreation or Residential district, the front yard shall not be less than 50 feet.
iv. The Planning Board may, during minor site plan review, waive the above setback requirements based on site specific
considerations.
G. Appurtenant Structures
All appurtenant structures to large- scale ground-mounted solar photovoltaic installations shall be subject to reasonable
regulations concerning the bulk and height of structures, lot
area, setbacks, and open space, parking and building coverage requirements. All such appurtenant structures, including but not
limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each
other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse
visual impacts.
H. Appurtenant Structures I. Design Standards
a. Lighting
Page 36 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
i. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other
parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational
purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic
installation shall be directed downward and shall incorporate
full cut-off fixtures to reduce light pollution. b. Signage
i. Signs on large- scale ground-mounted solar photovoltaic
installations shall comply with a municipality’s sign bylaw.
A sign consistent with a municipality’s sign bylaw shall be
required to identify the owner and provide a 24-hour
emergency contact phone number.
ii. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable
identification of the manufacturer or operator of the solar
photovoltaic installation. c. Utility Connections
i. Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all utility
connections from the solar photovoltaic installation
underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements
of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the
utility provider.
J. Safety and Environmental Standards
a. Emergency Services i. The large-scale solar photovoltaic installation owner or
operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief.
Upon request the owner or operator shall cooperate with local emergency services in developing an emergency
response plan. All means of shutting down the solar
photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for
public inquiries throughout the life of the installation.
b. Land Clearing, Soil Erosion and Habitat Impacts
i. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and
maintenance of the large – scale ground-mounted solar photovoltaic installation or otherwise prescribed by
applicable laws, regulations, and bylaws.
Page 37 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
K. Monitoring and Maintenance
a. Solar Photovoltaic Installation Conditions - The large - scale ground-mounted solar photovoltaic installation owner or
operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting,
structural repairs, and integrity of security measures. Site
access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator
shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless
accepted as a public way. b. Modifications - All material modifications to a solar
photovoltaic installation made after issuance of the required
building permit shall require approval by the Site Plan Review Authority.
L. Removal Requirements a. Any large- scale ground-mounted solar photovoltaic
installation which has reached the end of its useful life or has
been abandoned consistent with Section 3.12.2 of this bylaw shall be removed. The owner or operator shall physically
remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the
Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of:
(a.) Physical removal of all large- scale ground-mounted solar photovoltaic installations, structures, equipment, security
barriers and transmission lines from the site. (b.) Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations.
(c.) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the
owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to
vegetation.
M. Abandonment
a. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar
photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written
consent of the Site Plan Review Authority. If the owner or
operator of the large- scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the
requirements of this section within 150 days of abandonment or
Page 38 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
the proposed date of decommissioning, the town may enter the property and physically remove the installation.
N. ADDITONAL PROVISIONS (if any)
a. To amend §139-2 as follows, by inserting the following new
definition in alphabetical order: i. Large-Scale Ground-Mounted Solar Photovoltaic Installation:
A solar photovoltaic system that is structurally mounted on the
ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC.
ii. On-Site Solar Photovoltaic Installation: A solar photovoltaic installation that is constructed at a location where other uses of
the underlying property occur.
iii. Rated Nameplate Capacity: The maximum rated output of electric power production of the Photovoltaic system in Direct
Current (DC).
iv. Solar energy facilities – All of the equipment, machinery, and structures used for either the primary or accessory purpose of
converting, storing or transmitting electricity generated from solar
energy b. To amend §139-4 to add the following:
DISTRICT ABBREVIATION Solar Energy Overlay District SEOD
i. The Solar Energy Overlay District (SEOD) includes the following
parcels:
Map 39, Lot 14, Number 188, Madaket Road Map 58, Lot 1, Massasoit Bridge Road
Map 58, Lot 38, Madaket Road c. To amend §139-17.B to add the following subsection:
7. Solar energy facilities located within the SEOD.
Or to take any other action related thereto.
(Tobias Glidden, et al)
ARTICLE 63 (Zoning Bylaw Amendment: Clarification of Height Limitations in Certain Flood Zones)
To see if the Town will vote to amend the Nantucket Zoning By-law, Nantucket Code, Chapter 139, Section 17, Height Limitations, by striking subparagraph (7):
(7) A new structure which is situated within the “Areas of 100-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 (the “FEMA 100-Year Flood Zones”),
as from time to time revised, shall not exceed 35 feet in height. The maximum height for an existing structure within the FEMA 100-Year Flood Zones which is
Page 39 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
being raised, altered or extended shall be 28 feet above the minimum height at which the first floor of the structure will conform with all applicable building codes
and FEMA requirements.
and by inserting the following new Paragraph D:
D. Structures in Certain Flood Zones. A new structure which is situated within the
“Areas of 100-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 (the “FEMA 100-Year Flood Zones”), as from time to time revised, shall
not exceed 35 feet in height. The maximum height for an existing structure within the FEMA 100-Year Flood Zones which is being raised, altered or extended shall
be 28 feet above the minimum height at which the first floor of the structure will
conform with all applicable building codes and FEMA requirements.
or take other action with regard thereto.
(Arthur I. Reade, Jr., et al)
ARTICLE 64
(Bylaw Amendment: Committees) To see if the Town will vote to amend Chapter 11 (Committees), Article III
(Advisory Committee of Nonvoting Taxpayers) 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; non-substantive changes to the numbering of this bylaw shall be permitted in order that it be in compliance with the numbering format of the Code of the Town of
Nantucket):
§11-13. Establishment; membership; quorum.
…….The quorum is established as eight members a majority of members appointed and serving.
(Select Board for Advisory Committee of Nonvoting Taxpayers)
ARTICLE 65 (Bylaw Amendment: Council for Human Services)
To see if the Town will vote to amend Chapter 12 (Council for Human Services) 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; non-substantive changes to the
numbering of this bylaw shall be permitted in order that it be in compliance with the
numbering format of the Code of the Town of Nantucket):
§12-2. Membership; terms; vacancies. The Council shall consist of nine seven Nantucket residents…..
Page 40 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
(Select Board for Council for Human Services)
ARTICLE 66
(Bylaw Amendment: Noise) To see if the Town will vote to amend Chapter 101 (Noise), § 101-2 (Noises
prohibited; exemptions) 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; non-substantive changes to the numbering of this
bylaw shall be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
§101-2. Noises prohibited; exemptions.
C. Power tools. It shall be unlawful to cause a noise disturbance across a real
property line by operating any mechanically powered saw, sander, grinder, drill, lawnmower or garden tool or similar device used outdoors, with the exception of
snowblowers, before 7:00 a.m. (7:30 a.m. between June 15th and September 15th in each year) Monday through Saturday and before 10:00 a.m. Sunday.
Snowblowers, lawnmowers and chain saws shall be exempted from the L-10 and
maximum permissible A-weighted sound-level limits enumerated in Table I below.[3] However, such tools shall be operated within all applicable time
restrictions and shall be operated in a reasonable manner.
C. Construction. Operating or permitting the operation of any power tools or powered equipment used in actual new building construction or renovation,
drilling, or demolition work is prohibited between the hours of 8:00 p.m. and 7:00
a.m. (7:30 a.m. between June 15th and September 15th in each year) that the sound there from is plainly audible at a distance of fifty feet from the lot line of the
lot on which said activity is located, except for emergency work of public service utilities or by special variance issued by the Select Board.
(1) Construction or renovation work shall be defined as any work for which a
building permit has been issued by the Town.
Insert the following new paragraphs as follows and renumber existing paragraphs D to F and E to G:
D. Vehicle or Motorboat Repairs and Testing. Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to be
plainly audible at a distance of fifty feet from the lot line of the lot on which said activity is located is prohibited.
E. Domestic Power Tools. Operating or permitting the operation of any mechanically
powered saw, drill, sander, grinder, lawn or garden tool, or similar device used
outdoors in residential areas between the hours of 10:00 p.m. and 7:00 a.m. (7:30 a.m. between June 15th and September 15th in each year) so as to be plainly
audible at a distance of fifty feet from the lot line of the lot on which said activity is located is prohibited.
Page 41 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
(Select Board)
ARTICLE 67
(Bylaw Amendment: Underground Fuel Storage Tanks) To see if the Town will vote to amend Chapter 135 (Underground Fuel Storage
Tanks) 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; non-substantive
changes to the numbering of this bylaw shall be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
Chapter 135
Underground Fuel Storage Tanks
§135-2. Aboveground Fuel Storage Tanks.
At time of property transfer all aboveground tanks (any tank used to store fuel oil for the
purpose of heating) shall be required to be replaced with double-walled fuel oil storage
tanks or shall be required to provide 110% containment capacity to prevent contamination from leaks that may occur. Exterior fuel oil storage tanks must be covered
with substantial impermeable construction material to prevent water accumulation within containment in such a way that it satisfies the Board of Health and the Fire Department.
The area beneath the exterior tank shall be a 4-inch thick continuous concrete slab. All aboveground elements of a fuel storage system shall be maintained free of leaks and
visible rust.
All new construction where aboveground fuel storage tanks are installed (inside and
outside) shall be required to provide a double-walled fuel oil storage tank or shall be required to provide 110% containment capacity to prevent contamination from leaks that
may occur. Exterior fuel oil storage tanks must be covered with substantial impermeable
construction material to prevent water accumulation within containment in such a way that it satisfies the Board of Health and the Fire Department. The area beneath the
exterior tank shall be a - inch thick continuous concrete slab. All aboveground elements of a fuel storage system shall be maintained free of leaks and visible rust.
(Select Board)
ARTICLE 68 (Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map
Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer
Commissioners), Section 41-3B (Siasconset Sewer District) of the Code of the Town of
Nantucket by taking the following actions:
Add the following parcels to the Siasconset Sewer District:
Page 42 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
And to take any other action as may be related thereto.
(Select Board/Sewer Commissioners)
ARTICLE 69
(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes – Hickory Meadow Lane)
To see if the Town will vote to amend the Sewer District Map to include the following properties, currently outside the district, to within the district:
Map Parcel Address
41 902 8 Hickory Meadow Lane
41 903 11 Hickory Meadow Lane
41 904 10 Hickory Meadow Lane
All as shown on the attached map or to take any other action related thereto
(John B. Brescher, et al)
ARTICLE 70
(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes – Polpis Road)
To see if the Town will vote to amend the Sewer District Map to include the following properties, currently outside the district, to within the district:
Map Parcel Address
43 177 76 Polpis Road
44 23.2 77 Polpis Road
44 25.7 78 Polpis Road
44 23.3 79 Polpis Road
44 23.4 81 Polpis Road
44 25.6 82 Polpis Road
44 23.5 83 Polpis Road
44 25.5 84 Polpis Road
44 25.4 86 Polpis Road
44 63 87 Polpis Road
44 25.3 88 Polpis Road
44 23.7 89 Polpis Road
44 25.2 90 Polpis Road
44 3.2 92 Polpis Road
44 3.3 94 Polpis Road
Map Lot Number Street
74 2 54 Low Beach Road
Page 43 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
44 3.4 96 Polpis Road
All as shown on the attached map or to take any other action related thereto
(John B. Brescher, et al)
ARTICLE 71
(Bylaw Amendment: Bicycles)
To see if the Town will vote to amend the Town of Nantucket Code, Chapter 57 (Bicycles and Mopeds), by adding the following new Article IV, or take any action
relative thereto:
Article IV. Bicycle Right of Way
§57-13. Authority and Purpose
This article is enacted in accordance with G.L. c. 40, §22 to promote public safety by
establishing certain rules and regulations concerning the use of the Town’s roadways by bicyclists and motor vehicles.
§57-14. Right of Way for Users of Multi-Use/Shared Use Paths
A. At any location at which a multi-use/shared path intersects with or is crossed by a public or private way or driveway, bicyclists, pedestrians and other users of the
paths shall have the right of way and any person operating a motor vehicle shall
stop and yield to such bicyclist, pedestrian or other user.
B. At all locations at which a multi-use/shared path intersects with or is crossed by a public or private way or driveway, the Town shall install informative path-crossing
signs and separate stop signs facing the motor vehicle approach to the intersection so that drivers of motor vehicles are warned to use all caution
necessary and to yield the right of way to any bicyclists, pedestrians or other
users of the path.
§57-15. Bicycle Passing Buffer Zone
No person operating a motor vehicle on a public way within the Town of Nantucket shall overtake or pass a bicyclist proceeding in the same direction of travel unless a three-foot separation can be given between the right side of the diver’s vehicle, including all
mirrors and other projections, and the left side of the bicyclist at all times.
§57-16. Bicycle Accident Database
A. The Chief of Police or his designee shall maintain a database of all motor vehicle
accidents involving bicycles. Said database shall be a public record and shall be made available to the public via a link on the Town’s website.
Page 44 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
B. The database shall include the date, time and location of the accident, the number of vehicles and bicycles involved and whether the bicyclist suffered any
injury.
C. Any doctor, nurse, first responder or other medical provider providing treatment to an individual injured as a bicyclist in an accident with a motor vehicle shall make
a report to the Chief of Police for inclusion in the Bicycle Accident Database.
Said report shall include all of the information required by Paragraph B of this Section. Notwithstanding the requirements of this paragraph, no report shall be
required if the patient does not consent to issuance thereof.
D. For purposes of this section, neither the Database, nor any report issued by a medical provider, shall include the name or any identifying information
concerning an injured individual.
§57-17. Severability.
The provisions of this bylaw are severable. If any provision, paragraph, sentence, or
clause of this bylaw or the application thereof shall be held invalid, such invalidity shall
not affect the other provisions or application of this bylaw.
(Ian Golding, et al)
ARTICLE 72 (Bylaw Amendment: Stretch Energy Code)
To see if the Town will vote to amend the Code of the Town of Nantucket by
adding a new Chapter 141as a General Bylaw – Stretch Energy Code for the purpose of regulating the design and construction of buildings for the effective use of energy,
pursuant to Appendix 115.AA of the Massachusetts Building Code, 780 CMR, the Stretch Energy Code, including future editions, amendments or modifications thereto,
with an effective date of September 1, 2019, a copy of which is on file with the Town
Clerk, as follows:
Chapter 141 Stretch Energy Code
§141-1 Purpose
The purpose of 780 CMR 115.AA is to provide a more energy efficient alternative to the Base Energy Code applicable to the relevant sections of the building code for new
buildings.
§141-2 Definitions International Energy Conservation Code (IECC) - The International Energy
Conservation Code (IECC) is a building energy code created by the International Code
Council. It is a model code adopted by many state and municipal governments in the United States for the establishment of minimum design and construction requirements
for energy efficiency, and is updated on a three-year cycle. The baseline energy conservation requirements of the MA State Building Code are the IECC with
Page 45 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
Massachusetts amendments, as approved by the Board of Building Regulations and Standards.
Stretch Energy Code – Codified by the Board of Building Regulations and Standards as
780 CMR Appendix 115.AA of the Massachusetts building code, the Stretch Energy Code is an appendix to the Massachusetts building code, based on further amendments
to the International Energy Conservation Code (IECC) to improve the energy efficiency
of buildings built to this code.
§141-3 Applicability This code applies to residential and commercial buildings. Buildings not included in this
scope shall comply with 780 CMR 115.AA, as indicated. §141-4 Authority
A municipality seeking to ensure that construction within its boundaries is designed and built above the energy efficiency requirements of 780 CMR may mandate adherence to
this appendix. 780 CMR 115.AA may be adopted or rescinded by any municipality in the commonwealth in the manner prescribed by law.
§141-5 Stretch Code The Stretch Code, as codified by the Board of Building Regulations and Standards as
780 CMR Appendix 115.AA, including any future editions, amendments or modifications, is herein incorporated by reference into the Code of the Town of
Nantucket under the General Bylaws, Chapter 141 of the Town Code. The Stretch Code is enforceable by the Building Inspector and effective as of January 1, 2019.
Or to take any other action relative thereto.
(Tobias Glidden, et al)
ARTICLE 73
(Committee Establishment: Sensible Cannabis Policy) We the people of Nantucket order the Town of Nantucket to form a committee for
a sensible cannabis policy on Nantucket.
The committee is to be made up by all partys for a sensible cannabis policy on
Nantucket. And the committee’s findings be brought to next years regular town meeting.
(Robert F. Cole, et al)
ARTICLE 74 (Sense of the Meeting Request to Seek the Designation as a Whale Heritage Site
through the World Cetacean Alliance)
Based on the criteria of the World Cetacean Alliance to promote responsible human cetacean interaction, education and policy and the celeration of Nantucket’s
history with whales along with the newly established MA Whale Trail we – the undersigned – believe Nantucket fits the criteria of World Whale Heritage Site status.
Page 46 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
(Tobias Glidden, et al)
ARTICLE 75
(To Develop a Proposal for a Nantucket Residential Rental Registration, Inspection, and
Certification System) To see if the Town will vote to request the Select Board, the Board of Health, the
Planning Board, the Affordable Housing Trust Fund Board, and other appropriate town boards and commissions to undertake a feasibility study relating to the creation of a
residential rental facilities registration, inspection, and certification system for the Town
of Nantucket, and to submit a related report and proposal for consideration at the April 2020 Annual Town Meeting.
I. Purposes. The Town wishes to determine the feasibility of creating a residential
rental facilities registration, inspection, and certification system for the following reasons:
a. To protect the health, safety, and welfare of tenants, visitors, and other residents
of the Town and County of Nantucket by monitoring and enhancing compliance with basic life safety, health, building and sanitary codes through the registration,
inspection, and certification of defined residential rental facilities.
b. To provide clear and accessible guidelines for the operation of residential rental
facilities for tenants, land owners, landlords, and neighbors, and to extend awareness of Town bylaws and Massachusetts health and safety laws and
regulations related to operation of residential rental facilities.
c. To ensure awareness of and responsibility for occupancy limits in
residential rental facilities on the part of property owners, managers, tenants, visitors and residents.
d. To help to stabilize, protect, and enhance the essential characteristics of and
quality of life within existing diverse, multi-generational residential neighborhoods
on Nantucket for all residents, including families and visitors, consistent with Nantucket’s long history as a community committed to welcoming and protecting
the safety, health and welfare of visitors and supporting long-time extended
Island families.
e. To prepare the Town and County of Nantucket to implement anticipated state
legislation that could impose taxation requirements on certain short-term rentals within its jurisdiction.
II. Feasibility Study.
a. Creation of Working Group. The Town requests that the Select Board, the Board of Health, the Planning Board, the Affordable Housing Trust Fund Board, and
other boards and commissions establish and convene a working group, including
Page 47 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
representatives of town entities and citizen representatives with relevant expertise, to be charged with exploring the feasibility of a system of residential
rental facility registration, inspection, and certification.
b. Topics of Study. The working group shall consider at least the following matters:
i) Experiences of other jurisdictions (including Amherst, MA; Boston, MA;
other Massachusetts jurisdictions and other jurisdictions outside Massachusetts that have developed similar systems).
ii) Coverage (including possible exemption of residential rentals to family members or to those who rent for fewer than 14 days in total per calendar
year). iii) Registration systems (including use of on-line systems to simplify
submission requirements for those involved in renting residential property,
information to be collected, and appropriate levels of registration fees to cover costs of registration system);
iv) Inspection systems (including self-certification systems as a means of identifying facilities most in need of close review, processes for managing
inspections conveniently and expeditiously, appeals processes, and
appropriate fee levels); v) Rental certification systems (including appropriate requirements for
content and display of rental certificates and procedures for renewal of rental certificates);
vi) Bylaws and supplemental regulations (including possible provisions of pertinent bylaws, and possible provisions of associated rules and
regulations to be issued by the Board of Health or other government
entities); vii) Remedies for non-compliance (including but not limited to civil penalties);
viii) Educational strategies (including strategies for distribution of information to diverse audiences including property owners, renters, realtors, and
property managers) about compliance with potential Town requirements.
ix) Data collection and management (including but not limited to how data collected through a registration, inspection, and certification system could
assist the town in its efforts to engage in comprehensive planning regarding growth management and housing availability).
x) Interplay with potential taxation initiatives (including but not limited to how
a residential rental facility registration, licensing, and certification program would complement other legal development including potential legislation
calling for taxation of short-term rentals). xi) Governmental oversight and advisement (including but not limited to the
organization of town government agencies to support safe and sustainable housing options for all residents, and appropriate mechanisms for
advisement by residents with diverse views and experiences).
III. Report to Annual Town Meeting in April 2020.
Page 48 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
a. Report to Select Board. The Town requests that the Select Board receive a report from the working group no later than February 1, 2020.
b. Report to 2020 Annual Town Meeting. The Town further requests that the Select Board submit a proposal for possible action at the April 2020 Town Meeting, and
that it do so with enough time to allow voters carefully to consider the working group report and Select Board recommendations in advance of the Annual Town
Meeting.
(Judith Wegner, et al)
ARTICLE 76
(Committee Establishment: Complaints) To see if the Town will vote to: Approve that all Town of Nantucket Departments
and Boards, staffed by employees, elected or howsoever constituted, or empowered,
and including the office of Town Administration and its head, set full, clear and published standards for their performance and, included therewith, have a full and clear accessible
complaints procedure together with appropriated redress for the user of the services when its alleged that wrongdoing or maladministration has occurred. Moreover, see if
the Town will vote to approve, within any limitations set by the laws of the
Commonwealth of Massachusetts, the formation of a committee to deal with complaints of wrongdoing or maladministration made against and employee of the Town of
Nantucket, any Department of the Town of Nantucket or any Board of Member of a Board elected by voters of the Town of Nantucket.
----
It has come to the attention of both the Island Community and the Finance Committee, that the Town Administration appears to be under-staffed and overwhelmed with day-to-
day operation of Town business. In lieu of this, I believe we should develop a committee to reduce the burdens of complaints and complicated arguments of the Island Citizens
and Taxpayers. This committee will help accomplish this goal and allow both Citizens
and the Town, to come to fair and reasonable conclusions to any dispute.
This article would establish a committee of five members. It would be made up of both Residents and/or all Taxpayers of the Town of Nantucket. The intent of the board would
be to resolve issues for individuals not represented by protective bargaining. This would
establish a means for both individuals and business to avoid a lengthy and expensive process in court for both the Town and the individual business owner and/ or citizen.
This committee would be given the same rights and privileges set forth in the town
charter established for the BOS and Town Manager. They would have the power to settle disputes, implement judgements and return plaintiffs to whole, if so determined by
the committee.
The terms would begin with 2 members having a three year term, 1 member having a
four year term, and 2 members having a five year term. After which all the members would be elected to a three year term in succession thereafter.
Page 49 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
The elections would take place just as the BOS elections do, annually.
(Theresa Williams, et al)
ARTICLE 77
(Home Rule Petition: Town Charter – Select Board Amendment)
To see if the Town will vote to request its representatives in the General Court to introduce special legislation the text of which is set forth below, amending the charter for
the Town of Nantucket, 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 AMENDING THE CHARTER FOR THE TOWN OF NANTUCKET.
SECTION 1. Section 2.1 of article II of the charter of the town of Nantucket, as established by chapter 289 of the acts of 1996, as amended, which is on file in the office
of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the
General Laws, is hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:-
select board. SECTION 2. Subsection (b) of said section 2.1 of said article II of said charter is hereby
amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 3. Subsection (a) of section 2.5 of said article II of said charter is hereby
amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 4. Subsection (b) of said section 2.5 of said article II of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof
the following words:- select board.
SECTION 5. Subsection (c) of said section 2.5 of said article II of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof
the following words:- select board. SECTION 6. Article III of said charter is hereby amended by striking from the heading
the words “board of selectmen” and inserting in place thereof the following words:-
select board. SECTION 7. Section 3.1 of said article III of said charter is hereby amended by striking
out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 8. Section 3.2 of said article III of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:-
select board.
SECTION 9. Subsection (a) of said section 3.2 of said article III of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof
the following words:- select board.
Page 50 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
SECTION 10. Subsection (b) of said section 3.2 of said article III of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place
thereof the following words:- select board. SECTION 11. Subsection (d) of said section 3.2 of said article III of said charter is
hereby amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 12. Section 3.3 of said article III of said charter is hereby amended by striking
out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 13. Subsection (a) of section 3.4 of said article III of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and
inserting in place thereof, in each instance, the following words:- select board. SECTION 14. Subsection (b) of said section 3.4 of said article III of said charter is
hereby amended by striking out the words “board of selectmen” and inserting in place
thereof the following words:- select board. SECTION 15. Section 3.5 of said article III of said charter is hereby amended by striking
out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 16. Subsection (c) of said section 3.5 of said article III of said charter is
hereby amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 17. Subsection (g) of said section 3.5 of said article III of said charter is hereby amended by striking out the word “and”, the last time it appears.
SECTION 18. Subsection (h) of said section 3.5 of said article III of said charter is hereby amended by striking out “commonwealth.” and inserting in place thereof the
following text: - commonwealth; and.
SECTION 19. Said section 3.5 of said article III of said charter is hereby further amended by inserting after subsection (h) the following subsection: (i) The select board
shall have the full role of and all of the powers and authority of a board of selectmen under any general or special laws, and its members and officers shall have the full role
of and all of the powers and authority of the members and officers of a board of
selectmen under any general or special laws. SECTION 20. Subsection (b) of section 4.1 of article IV of said charter is hereby
amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 21. Subsection (c) of said section 4.1 of said article IV of said charter is
hereby amended by striking out the word “selectmen”, the first time it appears after the word “Town”, and inserting in place thereof the following words: - select board members;
and further by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 22. Subsection (a) of section 4.2 of said article IV of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof
the following words:- select board.
SECTION 23. Subsection (c) of said section 4.2 of article IV of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and
inserting in place thereof, in each instance, the following words:- select board.
Page 51 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
SECTION 24. Subsection (d) of said section 4.2 of article IV of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears, and
inserting in place thereof, in each instance, the following words:- select board. SECTION 25. Subsection (a) of section 4.3 of said article IV of said charter is hereby
amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 26. Subsection (b) of said section 4.3 of article IV of said charter is hereby
amended by striking out the words “board of selectmen”, each time it appears, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 27. Subsection (d) of said section 4.3 of article IV of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof
the following words:- select board. SECTION 28. Section 5.2 of article V of said charter is hereby amended by striking out
the word “selectman” and inserting in place thereof the following words: - select board
member; and further by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 29. Subsection (b) of section 5.4 of said article IV of said charter is hereby amended by striking out the words “board of selectmen” and inserting in place thereof
the following words:- select board.
SECTION 30. Subsection (d) of said section 5.4 of said article IV of said charter is hereby amended by striking out the words “board of selectmen”, each time it appears,
and inserting in place thereof, in each instance, the following words:- select board. SECTION 31. Subsection (b) of section 6.4 of article VI of said charter is hereby
amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 32. Subsection (b) of section 6.5 of said article VI of said charter is hereby
amended by striking out the words “board of selectmen” and inserting in place thereof the following words:- select board.
SECTION 33. This act shall take effect upon its passage.
(Select Board)
ARTICLE 78
(Home Rule Petition: Merger of Nantucket Water Commission and Siasconset Water Commission)
To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in
language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto:
AN ACT authorizing the Town of Nantucket to supply itself and its inhabitants with water
SECTION 1. The town of Nantucket may supply itself and the inhabitants thereof with water for the extinguishment of fires and for domestic and for other purposes, may
establish fountains and hydrants, relocate or discontinue the same, and may regulate the use of such water and fix and collect rates to be paid for the use of same.
Page 52 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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 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
Page 53 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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.
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.
Page 54 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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
Page 55 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
effect until such time as they are amended or abolished by the board created under section 8 this act.
SECTION 15. Upon the effective date of this act, the then-applicable Memorandum of
Agreement between the Nantucket Water Commission and the Siasconset Water shall be rendered void, and the parties are relieved of their obligations under said
Memorandum of Agreement, except to the extent that any payments are outstanding for
services rendered prior to the effective date of this act.
SECTION 16. All personnel of the water department created under the section 8 of this act are town employees, and shall be appointed by the board created under said section
8, in accordance with and subject to the requirements of sections 4.5-4.9 of the town charter, chapter 289 of the acts of 1996 as it may be amended from time to time. Such
employees shall be subject to any applicable by-laws, and personnel policies and
procedures of the town, unless and only to the extent that such by-laws and personnel policies and procedures have been amended by any valid collective bargaining
agreement, where applicable. Nothing herein shall be construed to alter or amend the employment status of any existing water department employees, employed as of the
effective date of this act, except as provided in section 12, above.
SECTION 17. As of the effective date of this act, the members of the board of water
commissioners created by the provisions of chapter 404 of the acts of 1903 and chapter 476 of the acts of 1987, previously known as the Nantucket Water Commissioners, shall
become the first members of the five-member board of water commissioners created under section 8 of this act. Such commissioners shall serve for the remainder of their
elected terms or their sooner vacating of office. Thereafter, such offices shall be filled in
accordance with said section 8. Two additional commissioners shall be elected at the first annual town election occurring no less than 64 days after the passage of this act,
one for a 2-year term and one for a 3-year term. If the 2 additional positions would remain vacant for more than 4 months, the board of selectmen may, in its discretion,
make temporary appointments to fill the vacancies until the annual election at which the
offices may legally appear on the ballot. Thereafter, all elections and temporary appointments to the board shall be made in accordance with said section 8.
SECTION 18. Chapter 307 of the acts of 1925, chapter 436 of the acts of 1963, and
chapter 476 of the acts of 1987 are hereby repealed.
SECTION 19. This act shall take effect upon passage.
Or to take any other action related thereto.
(Select Board for Nantucket Water Commission, Siasconset Water Commission)
NOTE: The above home rule petition was approved as Article 75 of the 2016 Annual
Town Meeting; Article 87 of the 2017 Annual Town Meeting and Article 68 of the 2018 Annual Town Meeting. Home rule petitions currently pending before the legislature,
which were not acted upon by December 31, 2018, may expire unless renewed by a confirmatory town meeting vote.
Page 56 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
ARTICLE 79 (Home Rule Petition: Community Housing Bank Real Estate Transfer Fee)
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, 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.
Page 57 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
"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 half per cent (1/2%) 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 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
Page 58 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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.
Page 59 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
(h) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and transfers of the property subject to a mortgage to the mortgagee in consideration of
the forbearance of the mortgagee from foreclosing said mortgage. (i) Transfers made to a corporation or partnership or limited liability company at the
time of its formation, pursuant to which transfer no gain or loss is recognized under the provisions of section three hundred and fifty-one or seven hundred and twenty-one of
the Internal Revenue Code of 1986, as amended; provided, however, that such transfer
shall be exempt only in the event that (1) with respect to a corporation, the transferor retains an interest in the newly formed corporation which is equivalent to the interest the
transferor held prior to the transfer, or (2) with respect to a partnership or limited liability company, the transferor retains after such formation rights in capital interests and profit
interests within such partnership or limited liability company which are equivalent to the interest the transferor held prior to the transfer.
(j) Transfers made to a stockholder of a corporation in liquidation or partial liquidation
of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited
liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property
received) which is the same fraction of the total property of the transferor corporation as
the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives
property (including real property interests and other property received) which is the same fraction of the property of the partnership or limited liability company as the
fraction of the capital and profit interests in the transferor formerly owned by the transferee.
(k) Transfers consisting of the division of marital assets under the provisions of
section thirty-four of chapter two hundred and eight of the General Laws or other provisions of law.
(l) Transfers of property consisting in part of real property interests situated in Nantucket County and in part of other property interests, to the extent that the property
transferred consists of property other than real property situated in Nantucket county;
provided that the purchaser shall furnish the Town with such information as it shall require or request in support of the claim of exemption and manner of allocation of the
consideration for such transfers. (m) The first $2 million of the sale price of any transfer or series of transfers of real
property interests in a single parcel. Said exemption may be adjusted for inflation as
determined annually by the affirmative vote of two-thirds of voters at an annual or special town meeting. For purposes of this subsection, "inflation" shall mean the
increases, if any, in the total of prices paid for real property transfers year to year for real property within the Town of Nantucket.
(n) Transfers of minority interests in corporations, trusts, partnerships or limited liability companies which are publicly traded, which trades are not part of a series of
transfers which together constitute a transfer of control of a corporation, trust,
partnership or limited liability company.
SECTION 5. (a) The Town treasurer shall keep a full and accurate account stating when, from or to whom, and on what account money has been paid or received relative
Page 60 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
to the activities of the Trust Fund and the Housing Fund. Said account shall be subject to examination by the director of accounts or his agent pursuant to section forty-four of
chapter thirty-five of the General Laws. (b) Schedules of beneficiaries of trusts, list of stockholders of corporations and lists of
partnerships filed with the Trust Fund for the purpose of determining or fixing the amount of the fee imposed under section ten or for the purpose of determining the
existence of any exemption under section twelve shall not be public records for the
purposes of section ten of chapter sixty-six of the General Laws.
SECTION 6. A seller who fails to pay all or any portion of the fee established by section two on or before the time when the same is due shall be liable for the following
additional payments in addition to said fee: (a) Interest: The seller shall pay interest on the unpaid amount of the fee to be
calculated from the time of transfer at a rate equal to fourteen per cent per annum.
(b) Penalties: Any person who, without fraud or willful intent to defeat or evade a fee imposed by this chapter, fails to pay all or a portion of the fee within thirty days after the
time of transfer, shall pay a penalty equal to five per cent of the outstanding fee as determined by the 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
Page 61 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
fee interest in such land, at the address of such person as set forth in an instrument recorded or registered in Nantucket County.
(b) All fees, penalties and interest required to be paid pursuant to this chapter shall constitute a personal debt of the seller and may be recovered in an action of contract or
in any other appropriate action, suit or proceeding brought by the Town; said action, suit or proceeding shall be subject to the provisions of chapter two hundred and sixty of the
General Laws.
(c) If any seller liable to pay the fee established by this act neglects or refuses to pay the same, the amount, including any interest and penalty thereon, shall be a lien in favor
of the Town upon all property and rights to property, whether real or personal, belonging to either such purchaser or such seller. Said lien shall arise at the time of transfer and
shall continue until the liability for such amount is satisfied. Said lien shall in any event terminate not later than six years following the time of transfer. Said lien shall not be
valid as against any mortgagee, pledgee, purchaser or judgment creditor unless notice
thereof has been filed by the Town (i) with respect to real property or fixtures, in the registry of deeds for Nantucket County, or (ii) with respect to personal property, in the
office in which a security or financing statement or notice with respect to the property would be filed in order to perfect a nonpossessory security interest belonging to the
person named in the relevant notice, subject to the same limitations as set forth in
section fifty of chapter sixty-two C of the General Laws. (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.
Page 62 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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.
(Select Board)
NOTE: The above home rule petition was approved as Article 82 of the 2016 Annual Town Meeting, Article 88 of the 2017 Annual Town Meeting and Article 70 of the 2018
Annual Town Meeting. Home rule petitions currently pending before the legislature,
which were not acted upon by December 31, 2018, may expire unless renewed by a confirmatory town meeting vote.
ARTICLE 80
(Home Rule Petition: Amending Special Act Authorizing Affordable Housing Covenants) To see if the Town will vote to request its representatives in the General Court to
introduce special legislation seeking a special act in the form set forth below, amending
Chapter 301 of the Acts of 2002, and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in the text as may be
necessary or advisable in order to accomplish the intent of this legislation in order to secure passage; or to take any other action related thereto.
AN ACT AMENDING THE ACT AUTHORIZING AFFORDABLE HOUSING COVENANTS IN THE TOWN OF NANTUCKET.
Be it enacted by the Senate and House of Representatives in General Court assembled,
and by the authority of the same, as follows:
SECTION 1. Section 2 of Chapter 301 of the Acts of 2002, “An Act Authorizing
Affordable Housing Covenants in the Town of Nantucket,” is hereby repealed and the following text is inserted in its place:
Section 2. Notwithstanding the provisions of any general or special law to the
contrary, the town of Nantucket may adopt by-laws to designate the Nantucket Housing Authority as the agency authorized to create, administer and enforce
Nantucket housing needs covenants. These covenants shall run with the land for
a specified number of years or if no termination date is specified then in perpetuity, and shall be executed by or on behalf of the owner of the land
appropriate to (a) limiting the use of all or part of the land to occupancy by
Page 63 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
persons or families of middle income in either rental or other housing, except for a “qualified family member” as defined in Section 8B(2) of Chapter 139 (Zoning)
of the Code of Nantucket who shall be exempt from the established income and asset limits otherwise required in said covenants, (b) restricting the resale price of
all or part of the property in order to ensure its affordability by future middle income purchasers, or (c) in any way limiting or restricting the use or enjoyment
of all or any portion of the land for the purpose of encouraging or ensuring the
creation or retention of rental and other housing for occupancy by middle income persons and families.
SECTION 2. This act shall take effect upon its passage.
(Select Board)
NOTE: The above home rule petition was approved as Article 89 of the 2017 Annual
Town Meeting and Article 71 of the 2018 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31,
2018, may expire unless renewed by a confirmatory town meeting vote.
ARTICLE 81
(Conveyance of Easement on Waitt Drive) To see if the Town will vote to authorize the Select Board to convey a perpetual
non-exclusive easement to Nantucket Electric Company/National Grid for such purposes to access, install, construct, repair, replace, add to, maintain and operate for
the transmission of high and low voltage electric current and for the transmission of intelligence an underground electric distribution system in, through, under, over, across
and upon a portion of certain Town-owned land located at Lots 77, 78, 82, 83, 87, 88,
89, 90, 91, 92, 93, 91, 95 and Road Lot 80 a/k/a Waitt Drive shown on a plan of land recorded with Nantucket County Registry of Deeds as Plan No. 2016-58, and as
referenced in Order of Land Court of Withdrawal from Registration recorded with said Deeds in Book 1348, Page 248, said easement area being shown on a plan filed with
the Office of the Town Clerk; or to take any other action related thereto.
(Select Board)
ARTICLE 82
(Real Estate Acquisition and Conveyance: Naushop Sewer Lines and Easements
To see if the Town will vote to authorize the Select Board to acquire by purchase, gift or eminent domain for sewer purposes the sewer lines, piping and other equipment
and appurtenances related thereto located in the private rights-of-way of the Naushop Subdivision, which include Goldfinch Drive, Bluebird Lane, Kildeer Lane, Kittiwake Lane,
Dovekie Court, Falcon Court, Sparrow Drive and Curlew Court shown on Land Court Plan No. 16514-18; and further to acquire for sewer purposes and for purposes of
conveyance the sewer easements in the private rights-of-way in the Naushop
Subdivision as described above for purposes to construct, lay, install, dig-up, operate, maintain, inspect, repair, replace, alter, relocate, extend or remove one or more of the
sewer lines, or pipes or the appurtenances related thereto; and further to convey any of
Page 64 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
the sewer easements for purposes of connection to the sewer lines located within the private ways of the Naushop Subdivision as shown on Land Court Plan No. 16514-18;
Or to take any other action related thereto.
(Select Board)
ARTICLE 83 (Bylaw Amendment: Board of Selectmen: Authorization for Lease or License)
To see if the Town will vote to: authorize the Board of Selectmen to enter into any lease(s) or license(s) pursuant to Chapter 67-1.E of the Code of the Town of
Nantucket, under such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of rights and restrictions, in the land known as the Sconset Bluff, laying eastward of Baxter Road shown upon the Assessor’s
Map as Map 48, Parcels 6 and 8, and Map 49 as Parcel 9, or to take any other action related thereto. It in the intent of Town Meeting that any such license or lease will
require the maintenance of a walkable beach, will provide for the recording of public access easements, and will require the issuance of permits under the Wetlands
Protection Act and the Nantucket Wetlands Bylaw.
(Steven Cohen, et al)
ARTICLE 84
(Real Estate Acquisition: Washington Avenue) 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 or lesser interests, together with any public or private rights of passage, in the portion of Washington Avenue lying between the easterly line of H
Street and the Westerly line of I Street, running along the southerly sideline of the land known and numbered as 5 H Street and 23 and 25 Tennessee Avenue, shown on
Assessor Map 60.1.2 as Parcels 54, 57, and 60, approximately 380+/- feet in length, or
to take any other action related thereto.
(Steven Cohen, et al)
ARTICLE 85
(Real Estate Conveyance: Washington 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 an 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 such terms and conditions as the Board of Selectmen deem appropriate, which may include the
reservation of easements and restrictions, in the portion of Washington Avenue lying
between the easterly line of H Street and the Westerly line of I Street, running along the southerly sideline of the land known and numbered as 5 H Street and 23 and 25
Tennessee Avenue, shown on Assessor Map 60.1.2 as Parcels 54, 57, and 60, approximately 380+/- feet in length, or to take any other action related thereto.
Page 65 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
(Steven Cohen, et al)
ARTICLE 86
(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 2019 tax levy. Or to take any other action related thereto.
(Select Board)
ARTICLE 87
(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.
(Select Board)
Page 66 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
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 NINTH DAY OF APRIL, 2019 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
Select Board Two for terms of three years
School Committee One for a term of three years
Historic District Commission Two for terms 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 questions:
1. Debt Exclusion for Old South Road/Fairgrounds Road Intersection Area and
Newtown Road Transportation Improvements 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 make various transportation-related improvements in the Old South Road/Fairgrounds
Road intersection area and Newtown Road including the costs of professional services
for design, permitting, engineering, construction, construction supervision, materials, and other related professional services, and any other costs incidental and related
thereto?
2. Debt Exclusion for Town Pier Improvements 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
make improvements to the Town Pier located at 34 Washington Street, including the costs of professional services for design, permitting, engineering, construction,
Page 67 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
construction supervision, materials, and other related professional services, and any other costs incidental and related thereto?
3. Debt Exclusion for Landfill Capping and Closure
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
close and cap cells1A, 1B, and 1C and partial closure of cells 2A and 2B at the Town of
Nantucket Landfill located at 188 Madaket Road, including the costs of professional services for design, permitting, engineering, construction, construction supervision,
materials, and other related professional services, and any other costs incidental and related thereto?
4. Debt Exclusion for In-Town (Orange Street) Bike Path
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 construct the In-Town (Orange Street) Bike Path including the costs of professional
services for design, permitting, engineering, construction, construction supervision, materials, and other related professional services, and any other costs incidental and
related thereto?
5. Debt Exclusion for Surfside Area Roads Reconstruction
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
make various transportation-related improvements in the Surfside area on Lover’s Lane, Monohansett Road and Okorwaw Avenue, including the costs of professional services
for design, permitting, engineering, construction, construction supervision, materials,
and other related professional services, and any other costs incidental and related thereto?
6. Debt Exclusion for Public Safety Facility Auxiliary Building
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 to supplement the previous appropriations made under Article 11 of the 2015 Annual Town
Meeting, Article 5 of the November 9, 2015 Special Town Meeting and Article 4 of the November 6, 2017, to pay costs for constructing a public safety auxiliary building 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?
7. Debt Exclusion for Acquisition of Property at 1 - 3 Miller Lane
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
acquire the property located at 1 - 3 Miller Lane, known as the ”Nantucket Inn” and
shown on Assessor’s Map 68 as Parcels 800 – 812, 814 – 853, 900 – 912, 914 – 921, 924 – 938, 941 – 951 for general municipal purposes and/or housing and any other costs
incidental and related thereto?
Page 68 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
8. Debt Exclusion for Acquisition of Existing Properties for Affordable Housing 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 acquire existing properties for affordable housing purposes, which may include an
affordable rental program, and a grant or grants to the Nantucket Affordable Housing Trust, with oversight by the Select Board?
9. Capital Outlay Exclusion Ballot Question (All Projects Combined) Shall the Town of Nantucket be allowed to assess an additional $1,282,534 in real
estate and personal property taxes for the following purposes in the amounts as follows for the fiscal year beginning July 1, 2019?
Department Purpose Amount
Public Works Front End Loader $250,000.00
Public Works Replacement Administrative Vehicle $50,000.00
Public Works Replacement Trash Compactor Truck $140,000.00
Public Works Vehicle Lifts $50,000.00
Fire Self-Contained Breathing Apparatus Replacements $92,534.00
Fire Replacement of Engine 7 $450,000.00
Our Island Home Replacement of Flooring $250,000.00
Total Capital Exclusion: $1,282,534.00
Page 69 Town of Nantucket 2019 Annual Town Meeting and Election Warrant
*********************************************************************
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 thirtieth day of January in the year Two Thousand Nineteen.
____________________________________ Jason M. Bridges, Chair
____________________________________
Dawn E. Hill Holdgate, Vice Chair
____________________________________
Matthew G. Fee
____________________________________ Rita Higgins
____________________________________
James R. Kelly
SELECT BOARD OF NANTUCKET, MA
Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the
Warrant of January 30, 2019 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,
___________________________________________________ Constable