HomeMy WebLinkAbout054-07
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET WNING BOARD OF APPEALS will be held at 1:00
P.M.. FRIDAY. JUNE 8.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket,
MA, on the Application of the following:
TOWN OF NANTUCKET, LESSOR, AND FOR NANTUCKET HUNTING ASSOCIATIO"N,
INC., LESSEE
BOARD OF APPEALS FILE NO. 054-07
Applicant (Nantucket Hunting Association, Inc.) is seeking reliefby SPECIAL PERMIT
pursuant to Nantucket Zoning By-law Section 139-7D(5) to create and operate a nonprofit
recreational shooting and archery facility, with uses and structures ancillary to the proposed
recreational and educational uses. Applicant is a 501 (c)(3) nonprofit recreational and educational
Massachusetts corporation, organized to promote and enhance the sport of hunting and educational
programs related to hunting and fireann safety on Nantucket Island. Applicant is lessee of the
Premises pursuant to a ten-year Ground Lease with the Town of Nantucket that may be extended for
an additional twenty-five years by a vote of Town Meeting. The lease authorizes Applicant to
construct, maintain and operate a recreational and educational facility for ritle, pistol and shotgun
shooting as well as archery for Nantucket residents and guests. Town Meeting voters approved the
proposed lease at the 2004 Annual Town meeting, and the ~oard of Selectmen and Applicant signed
the lease on December 11, 2006. Applicant proposes to create three open, outdoor recreational areas
on the Premises: a pistol and ritle range, with an ancillary b~throom structure and parking area, a
skeet shooting range with ancillary sheds and one "trap house", and an archery range, with an
ancillary storage shed with an ancillary parking area provided to serve the skeet shooting and
archery ranges. The Premises is a vacant lot of about 48 acres (2,090,000:!: square feet) with about
56Oi:. feet of frontage on Old South Road, an unimproved portion, and about 1 ,300:!: feet of frontage
on Hinsdale Road, an unimproved portion.
The Premises is located at MADAQUESHAM V ALLEY ROAD, Assessor's Map 78,
Parcel 5, Plan at Deed Book 62, Page 170. The property is zoned Limited-Use-General-3.
~OJ'OIA~
Nancy 1. Sevre airman
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER
INFORMATION.
NANTUCKET ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MA 02554
CASE NO. O( 4:,q
FEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): TOWN OF NANTUCKET. LESSOR
Mailing address: Nantucket Town Building. 16 Broad Street. Nantucket. Massachusetts 02554
Applicant's name(s): NANTUCKET HUNTING ASSOCIATION. INC.. LESSEE
Mailing address: 2 Greglen Avenue. Suite 346. Nantucket. Massachusetts 02554
Locus address: vacant land at MadeQuecham Valley Road Assessor's Map/Parcel: Map 78. ParcelS
Plan Book & Page: Deed Book 62. Page 170 Lot No.: n/a
Date lot acquired: 11/22/1872 Deed Reference: Book 62. Page 170 Zoning District: LUG-3
Uses on Lot - Commercial: None -L Yes (describe)
Residential: Number of dwellings ~ Duplex_ Apartments _ Rental Rooms
Building Date(s): All pre-date 7/72? n/a C of O(s)? n/a
Building Permit Nos: n/a
Previous Zoning Board Application Nos.: n/a
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
~
o
d
-.J
SEE ADDENDUM A TT ACHED
-~_.'~'
....:r..~,. .
~
:=
-<
N
w
("
\J
l...J
(..0
\0
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
Nantucket Hunting Association, Inc., by its attorney
~
SIGNATURE: Applicant Attorney/Agent X
(If not owner r owner' tto ey, ase enclose proof of agency to bring this matter before the Board)
FOR ZBA FFICE USE /
Application received on: )(2-( /a;lBy: Complete: C----Need copies?: ~ /
Filed with Town Clerk:.5=-j~3jQ2Planning Board: / / Building Dept. I ~f-1~
Fee deposited with Town Treasurer:~,23ez. By: u..J))vWaiver requested?:_Granted:_/_/_
Hearing notice posted with Town Clerk:5'~/230 Mailed:.r/2$V&M:5.... /2Cfr0& r/.3//q;)..
Hearing(s) held on:_/_/_ Opened on:_/~_ Continued to:_/_/_Withdrawn?:_/_/_
DECISION DUE BY: / / Made: / / Filed w/Town Clerk: / / Mailed: / /
--- --- --- ---
DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03
---
ADDENDUM
Application of Nantucket Hunting Association, Inc.
Madequecham Valley Road
Applicant is seeking a Special Permit pursuant to Nantucket Zoning Bylaw
Section 139-7(D)(5) to create and operate a nonprofit recreational shooting and archery
facility, with uses and structures ancillary to the proposed recreational and educational
use.
Applicant is a 50l(c)(3) nonprofit recreational and educational Massachusetts
corporation, organized to promote and enhance the sport of hunting and educational
programs related to hunting and firearm safety on Nantucket Island. Applicant is
lessee of the Premises pursuant to a ten-year Ground Lease with the Town of Nantucket
that may be extended for an additional twenty-five years by a vote of Town Meeting.
The lease authorizes Applicant to construct, maintain and operate a recreational and
educational facility for rifle, pistol and shotgun shooting for Nantucket residents and
guests. Town Meeting voters approved the proposed lease at the 2004 Annual Town
meeting, and the Board of Selectmen and Applicant signed the lease on December 11,
2006.
Applicant proposes to create three open, outdoor recreational areas on the
Premises: (1) a pistol and rifle range, which consists of open land about 6002=. feet long
and 1202=. feet wide, with an ancillary three sided shelter of about 1202=. feet by about 162=.
feet. A bathroom structure of about 202=. feet by 202=. feet and a sand and gravel parking
area with adequate capacity for the proposed use will be provided at the location of the
shelter; (2) a skeet shooting range, which consists of a semi-circular area of open land
with a shot fall range of about 7502=. feet. Structures associated with the skeet shooting
range are two sheds of about 82=. feet by 82=. feet and one "trap house", which is a
structure flush to the ground of about 82=. feet by 72=. feet, all for the purpose of throwing
skeet clay targets; and (3) an archery range, which consists of open land about 1502=. feet
long and 502=. feet wide with an ancillary storage shed of about 122=. feet by 122=. feet. A
sand and gravel parking area with adequate capacity will be provided to serve the skeet
shooting and archery ranges.
The Premises is a vacant lot of about 47 acres (l,880,OOO2=. square feet) with about
5742=. feet of frontage on Old South Road, an unimproved road and about 1,2222=. feet of
frontage on Hinsdale Road, an unimproved road. The Premises is located in the LUG-3
zoning district where the minimum lot size is 120,000 square feet and the minimum
frontage is 200 feet.
The Premises is located at Madequecham Valley Road, Tax Assessor's Map 78,
Parcel 5, Deed Book 62, Page 170. The Premises is located in the LUG-3 zoning district.
\
~...
, \ -.. .....
f \ --
I ' ROVALLQ'l1lD
;1 \ --(/
. ,,~ ~"'~~_ _ .i!:::!L-
, / '" #~ ,,~~==:
I J7 ./ // ~ "''-.,
~ ./. /' " ""
- / ' ,
--I " "
- ' '
-=-- / / '.'
~.. / " '\
~ "
/
/
LOCUS PLAN
Nantuckpt R .
M .- .untTI1O" A'"
"ladp.qup.ch .~, ..,soc.
_ am Valle
__ y Road
~'--------F:
.. ..
\~
-
~~
~~".......,
~~
~~
."""'.;.'''''
.~
~
\ \.-
\)- \. "'~
\ \,
>i, .It.
\ '\
\ \.
\~ \
It ~#"",.
\ \. ~ R
.~_ \. ~')::.l' l
\, . \ . \CV'..'
\\ \\, ~t~:
r-.4ri~~L
~-~
ep
~ ~ ~
II
5U
~U
~U
II
!lliii
ill U~~~
lili~'
~~i!l
~ ~R/!1Il1
;~m
Ui~
I~;~
b:J
;.: It
~"'~~
.....C!olt:l
"''''''I'/::
~i:l!:! "
",:-'I~...it
~~~[~
~~Q~~
~ fJ5~
~&.;.:! t;J
~ !Ii'>
..~
I 2
r;., ~~
~C!
~...
~ ~ ~~
~ ~IE~ ~ \
~ I~~~ ?
... !c:~"6-
_ ~o;; 1"'
- t/J~
1Il~' ~g
I. ~
~~
~g
I
I
f
i
i
.
E
~~crt
~~~
i
M~.O!l'
=r:=- ...,,' ,~A-~~~~"'-'-"""""""""""'.c
t/// '.~ ".
I. irr------------i.
\\
- -....; "'\'" "'I
. 1\",' .
\~. ~
\ \ ~
~~(
~"~
t>j~
r1_-:.,
L___...J
\
ii. ..,::t.~
, \,\ ~~
.'C. \\ ~
\, \\
;<
n a;j
;.,~.!:.
5' ..
" '"
, ~
;< "
~~?
~-.,~
C'>::tl;BI:J:: cn
~~o~~ 3'~
~:;;.~~~ ~~
o6,.(~1: D.~
"",li:::1r <:
~V)o8Q ~~
",!:l"'~", l'~
~~"'N ::::JZ
MO~~r.' ~ (j)
._ "'0" 0 n
..?:' ~ :~
",b -.la
~~[l:88 ~~
;l~~~ ~zg
. ~..
>.=.==- ~
I5lNIJ zoiE . ..~&-- ~ ----<&_r....,,,"_
I
Town of Nantucket Web GIS - Printable Map
Page 1 of2
Town of Nantucket Web GIS
. --
HINSDALE RO
.
.
':z
.~
'~
~
~
~E
,
,
,
~
o
10300
Prop ID
Address
Owner
785
MADEQUECHAM VL Y RD
NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET, MA 2554
.
NOT A LEGAL DOCUMENT
a
Sale Date
Sale Price
Book/Page
Lot Size
$0
00062/ 170
48.2 acres
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Qjs.cJilimer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
(.;lOnnr~nhir Tnf"rm~tinn c:;,vc:tAm ((.;T~~ r1.~t.=th;tC::p
~~~
~-
Town of Nantucket, Mass
Map Composed
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&Map Width=691... 5/2312007
Town of Nantucket Web GIS - Printable Map
Sale Date
Sale Price
Book/Page
Lot Size
Page 1 of2
Town of Nantucket Web GIS
785
MADEQUECHAM VL Y RD
NANTUCKET TOWN OF
16 BROAD ST
NANTUCKET, MA 2554
$0
00062/ 170
48.2 acres
.
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
~c.Lajmer The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
(.;p"nr~nhir Tnf(\rm~tinn C::\Ic:tpm ((';T<::" rl;:tt;:th;tc:p
Q
~~~
Town of Nantucket, Mass
Map Composed
http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve= Width&Map Width=691... 5/23/2007
TOWN AND COUNTY OF NANTUCKET
16 Broad Street
Nantucket. Massachusetts 02554
Telephone (50S) 22S-7255
Facsimile (50S) 22S-7272
www.nantucket-ma.gov
April 23, 2007
BY HAND DELIVERY
Nancy Sevrens, Chairperson
Nantucket Zoning Board of Appeals
Two Fairgrounds Road
Nantucket, Massachusetts 02554
Re: Nantucket Hunting Association, Inc.
Dear Chairperson Sevrens:
Please accept this letter as permission from the Town of Nantucket to the
Nantucket Hunting Association, Inc., to file an application affecting property
owned by the Town at Madequecham Valley Road (Map 78, ParcelS), for special
permit relief to create and operate a nonprofit recreational shooting and archery
facility, with uses and structures ancillary to the proposed recreational and
educational use.
Sincerely,
'I~
C. Elizabeth Gibson,
Town Administrator
cc: Steven Holdgate, President, Nantucket Hunting Association, Inc.
-# c, 06
J
/'
Town of Nantucket
PHILBRICK AND AVERY LLP
P.O. BOX 148 .
ZERO MAIN STREET, 2ND flOOR
. NANTUCKET, MA 02554
~
. ~~l
4'b5' lo 1-
. .
ZONING BOARD OF APPEALS
LIST OF PARTIES IN INTEREST IN THE MAITER OF THE PETITION OF
PROPEf3,TY OWNER.~... Qf:............. ...... ......... ............. .
MAILfNGADDRESS....l.(O'....~....~.............. ..
. .. If} aI.21
PROPERTYLOCATION.. . . " .... ....~..v(LL.l'f:!J J(.b
. . . --u::J.., - CDS"
ASSESSORS MAP/PARCEL......TO.................................................
APPLlCANT...~.... . ......... ...... ....... ....lli>.~
SEE AITACHED PAGES
I certify that the foregoing is a list of persons who are owners of abutting property. owners of
land directly opposite on any public or private street.or way; and abutters of the abutters and all
other land owners within 300 feet of the property line of owner's property, all as they appear on
the most recent applicable tax list (M.G.L. c. 40A, Section II Zoning Code Chapter 139.
Sec[ion 139-29D (2)
..~..!;...g~p.l
DATE f.
/!~~..a~
-
ASSESSOR'S OFFICE
Town of Nantucket
\1<.
rl
0: ~ "
~ '" tJl
<l E-< ><
0 ~ .., '"
... ~ ~ ~ ~ ~ ~ ~ :- 0.
.,
.. ~ ~ '" '"
u
0 '" 0: III '" '" '"
.., ~ g Pi1 ~ '" '" '"
;:j ~ f: ~ .., .., >1 r:l ~ ~ Q Q Q Q
rl .., .., H H H H
" :s: ~ [Q ~ '" '" ~ 01 tIJ: CI] '" '" '" '"
u IQ tI! I!t1 Ul '" '" '" .. .. IZ4 fa. IlIl fa.
" rl lo .., lo '" '" o ~ ~ ~ ~ ~ ~ ~
.. '" '" !iJ!iltl t:l lil
Po rl '" 0: '" '" '" tI1 [I] tIl tr.I
... ... ... ... ... ... ... ... ... ... ... ... ... ... '"
III III III III III III III III III III III III III III '"
"- III III III III III III III III III III III III III III 0
... '" '" '" '" '" '" '" '" '" '" '" '" '" '" 0
N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ...
E-< ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
'"
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
B B B B B B B B B B B B B B ~
~ ~~~~~~~~~~~~~~i
'"
III
III
"
"
'tl
~
tlI
<l
...
...
i
~
~
E-< E-< E-<
lZl '" '"
l.: ~ '" E-<
t) E-< E-< ~ '"
p '" '" '" '"
'" '" '" '" '" '" '" '" '" '" ~
~ ... ~ ~ ... ... ... ... ... ~ ~ ... rl ... ...
III '"
III t:l t:l t:l >I >I t:l t:l t:l >I t:l ...
" 0: 0: 0 0 0: 0: 0
" III III III III III III III III III III III III III III
'tl '"
~ 0 '" '" 0 0 0 0 0 '" '" 0 0 0 0 ...
.. ... ... .. .. Po .. Po '" '" Po .. .. .. '"
0:
'"
"
~
f:l
lo
0
H
" "
S '"
0:
III III
I
" '"
"
~ ~
0
0 -..
U U
H H H H H H H H H H H
~ I I I I I ! ! I I I I I
0
..
~ ~ ~ lo ~ ~ ~ ~. ~ ~ lo ~ ~
0 0
H H H H H H H H H H H
E-< E-< E-< E-< E-< E-< E-< E-< E-< ~ ~
~ .. .. ~ ~ ~ ~ ~ I I ~ ~ ~ i:i i:i
0: 0 0 0: 0: 0: 0:
'" ~ ~ '" '" '" rat f4 fi1 fi1 '" '" '"
~ '" '" '" f2 f2 f2 f2 ~ '" '"
~ ~ lo ~ ~
" o 0 8 o 0 rn to 0 0
9 u E-< E-< U U U U H H CJ CJ U
lo 8 8 8 8 8 8 8 8 8 8 8 fi fi fi fi
III
I
" ~ ~ ~ j j j j j j j ~ ~ j j j
"
~
., ~
...
g '"
M
M
M
0
.-f
.,
0 '" '" ... '" '" ... III '" 0
.., Lll \D M . \D ... '" '" ... '" '" '" '" '" '" 0
'"
.....
.-f
"-
.. '" '" 0 0 0 ... ... ... '" '" '" '" '" '" '" ;;:;-
:s: '" '" ... ... ... ... ... ... ... ... ... ... ... ... ...
GROUND LEASE
GROUND LEASE dated as of the /ih.. day of ~~ ,2006, by and between the TOWN OF
NANTUCKET, MASSACHUSETTS acting by and through its Board of Selectmen (the "Landlord") and Nantucket
Hunting Association (the "Tenant").
; Ground Lease
RECITALS
WHEREAS, by vote of the 2004 Annual Town Meeting, certain Town-owned property shown as Assessor's
Map 78, Parcel 5, Nantucket (the "Property"), a description of which is attached as "Exhibit A." hereto, and is
incorporated by reference herein.
WHEREAS, 2004 Annual Town Meeting, Article 90 also authorized the Town to enter into a long-term lease
of the Property to a not-for-profit entity which would design, layout, construct, maintain and operate a recreational
facility for use by the permanent and part-time residents of Nantucket and their guests for rifle, pistol and shotgun
shooting upon ranges to be designated thereon. (the "Development");
WHEREAS, the Town instituted a request for proposals process under M.G.L. ch. 30B to identify a non-profit
entity to undertake the Development, and issued a Request for Proposals dated May 18, 2006 (the "RFP"), a copy of
which is attached as "Exhibit B," hereto, and is incorporated by reference herein;
WHEREAS, the Tenant submitted a proposal (the "Proposal") in response to the RFP, a copy of which is
attached ~s "Exhibit 0," hereto, and is incorporated by reference herein;
WHEREAS, the Town has selected the Tenant to undertake the Development in accordance with the terms
and conditions set forth in the RFP and the Proposal, as they may have been modified by the written agreement the
parties (collectively, the "Terms and Conditions of Development");
WHEREAS, the parties desire to cooperate in construction of the Development, with the Landlord supplying
the land and the Tenant is supplying the improvements.
NOW THEREFORE, in consideration of the foregoing and of other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Landlord hereby leases the Property to the Tenant, subject to all easements and other matters of
record, and subject to the terms and conditions of this Ground Lease.
2. Subject to the condition set forth below, the term of this Ground Lease shall begin on the date hereof
and continue for a period of a 10 year term, to be extended to 25 years upon receipt of A TM approval.
Notwithstanding the foregoing, the Landlord may, in its sole discretion, terminate this Ground Lease upon written
notice given to the Tenant if the Tenant has not commenced construction of the Development within twenty-four (24)
months after the date hereof.
3. Tenant will construct the Development according to plans and specifications which are a part of the
Terms and Conditions of Development. Tenant shall construct at its own expense the Development and all other
improvements serving residents of the Town of Nantucket (collectively, the "Leasehold Improvements"). In the event
that Tenant proposes to revise the proposed use for the Development in any substantial manner, Tenant shall so
Ground Lease
notify Landlord in writing in advance. Such substantial changes shall not be made without Landlord's written approval
thereof, provided that such approval shall not be unreasonably withheld.
4. During the initial term hereof, Tenant shall pay rent for use of the Property as follows:
a. Three Thousand dollars ($3,000) per year as base rent, payable annually, in advance, on the
date hereof (the "Commencement Date") and each anniversary thereafter.
b. All expenses associated with construction of the Leasehold Improvements, including without
limitation expenses for materials, labor, overhead, insurance, professional fees, and debt service.
c. All operational and capital expenses connected with operation of the Development and the
Property during the term of this Ground Lease, including but not limited to, repairs, expenses of alterations or
remodeling, insurance premiums, utility expense, and maintenance.
d. Without limiting the generality of the foregoing, Tenant shall pay any and all other sums
necessary to be paid so that the base rent payable under this Ground Lease shall be absolutely net to the
Landlord.
e. Tenant shall follow all requirements in Exhibit B "Performance Obligations of Lessee"
5. Ground Tenant covenants as follows:
a. To perform any and all improvements to the Property in a good and workmanlike manner
consistent with all applicable laws, codes, by-laws, ordinances, regulations, or government orders.
b. To pay any Tenants, laborers, and suppliers involved in such work and to discharge promptly
any liens arising from it.
c. To impose or permit the imposition of no mortgage or other encumbrance or assignment on
the Property or Ground Tenant's interest created by this Ground Lease without prior written consent of
Landlord.
d. To use the Property solely for construction, maintenance and operation of the Shooting
Range.
e. To maintain the Property and all improvements now or hereafter placed thereon in good
condition according to standards of good management practice for properties of its type.
f. To provide access to members of the Nantucket Police Department for official firearms
training at mutually agreed upon times.
6. The Landlord shall not be liable to the Ground Tenant for any injury or damage to the Property or to
any property of the Ground Tenant or to any property of any third person, firm, association or corporation on or about
the leased premises, and the Ground Tenant shall indemnify and save the Landlord harmless from and against any
and all liability and damages and from and against any and all suits, claims and demands of any kind or nature, by
and on behalf of any person, firm, association, corporation or governmental agency or authority, arising out of or
based upon any incident, occurrence, injury or damage which shall or may happen on or about the Property and from
and against any matter or thing growing out of the condition, maintenance, repair, alteration, use, occupation or
operation of the Property, the installation of any property therein or the removal of any property there from; except in
the case where any such damage is caused by the gross negligence of the Landlord.
7. Ground Tenant shall place insurance on the Property and all improvements thereon from time to time.
Landlord shall be named as an additional insured on each and every insurance policy. Such insurance shall include:
Ground Lease
a. Builder's risk insurance on a completed value basis with respect to the Leasehold
Improvements.
b. All risk or fire insurance in full replacement cost limits including extended coverage,
vandalism, and malicious mischief coverage and difference in conditions coverage.
c. If the Leasehold Improvements include a steam boiler or other pressure vessel, boiler and
machinery coverage pursuant to an endorsement or a separate policy with respect to the Leasehold
Improvements.
d. Public liability insurance with respect to the Development, and their use, the coverage limits
of which shall be at least $1,000,000 for each occurrence with respect to bodily injury and wrongful death
coverage and at least $500,000 for each occurrence with respect to property damage.
e. Any other kind of property or liability insurance with respect to the Development which is
prudent under the circumstances and/or becomes customary for comparable buildings in comparable
locations in the future.
f. Each insurance policy shall be issued by an insurance company that is licensed to do
business in the Commonwealth of Massachusetts and is reasonably satisfactory to Landlord and Ground
Tenant. An insurance company shall be deemed to be satisfactory to a party if A. M. Best Company of
Oldwick, New Jersey, rates it as having a policyholder's rating of A or better.
g. A certificate with respect to each insurance policy required to be carried by Ground Tenant
shall be delivered to Landlord. Each such certificate shall provide that the policy may not be canceled,
reduced in amount, or modified by the insurer until at least 30 days after the insurer shall have notified
Landlord and Ground Tenant, in writing by certified mail, return receipt requested.
8. If the Development, and any other improvements made to the Property are damaged or destroyed by
fire or other catastrophe, Ground Tenant shall replace or repair the damage. The repairs and/or replacement shall be
commenced within a reasonable time after the damage occurs and shall be prosecuted diligently.
them.
9. Landlord may enter the Property and the Leasehold Improvements for the purpose of inspecting
10. Landlord covenants as follows:
a. Ground Tenant shall have the right to occupy the Property and to use it peaceably and
quietly in accordance with the terms of this Ground Lease.
b. Landlord owns the Property in fee simple absolute, subject to certain easements and
encumbrances of record, copies of which have been supplied to Ground Tenant.
11. Ground Tenant may not mortgage, sublet, or assign all or any portion of its rights under this Ground
Lease without Landlord's prior written consent. The Landlord acknowledges that the Ground Tenant's financing of the
Crou nd Lease
Development may require a mortgage of the Ground Tenant's leasehold interest and agrees to negotiate in good faith
an amendment hereto in order to permit such financing.
12. In the event that Ground Tenant shall fail to pay any base rent or other amount due hereunder or to
perform any other obligations required under this Ground Lease for a period of thirty (30) days after Landlord gives
Ground Tenant written notice of such failure, Ground Tenant may terminate this Ground Lease by an additional 30
days written notice. Upon termination of this Ground Lease, whether on account of Ground Tenant's default or
otherwise, the Leasehold Improvements shall become the sole property of the Landlord.
13. If this Ground Lease is extended for an additional term (the "Additional Term") as set forth in
Paragraph 2, above, the annual base rent payable by the Ground Tenant during the Additional Term shall be
increased (but not decreased) to an amount equal to the product of the initial base rent provided in Paragraph 4(a),
above, multiplied by a fraction, the numerator of which shall be the Consumer Price Index as of the month of the date
of this Ground Lease and the denominator of which shall be the Consumer Price Index as of the month of month in
which the then-current term hereof expires.
14. As used herein, the term "Consumer Price Index" means (I) the U. S. Department of Labor Bureau of
Labor Statistics Northeast Consumer Price Index, All Urban Consumers -- (CPI-U), U.S. City Average, All Items
(1982-84 = 100) or (ii) if the publication of such Consumer Price Index shall be discontinued, the comparable index
most closely reflecting diminution of the real value of the annual base rent herein provided for. In the event of a
change in the base for the "Consumer Price Index," the numerator of the fraction shall be appropriately adjusted to
reflect continued use of the 1982-84 base in the case of the Consumer Price Index or in the case of such comparable
index, the continued use of the base period in effect at the time of its adoption for use hereunder. At the request of
either party, the other from time to time shall execute an appropriate instrument supplemental to the Lease evidencing
the then current annual rent payable by the Ground Tenant.
In the event that the foregoing Index is not available for purposes of making the foregoing determination, the
parties shall use the most nearly comparable available Index, interpolating to such extent as may be necessary to
obtain a fair comparison of the difference of the cost of living between the dates specified (with a readjustment if the
Index itself becomes available later). In the event that the Index is not available as aforesaid and there is a dispute or
disagreement concerning the Index to be used and/or the annual rent that is to be payable during the Additional Term,
such dispute or disagreement shall be decided by arbitration in accordance with the rules of the American Arbitration
Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof. Should the annual base rent payable during the Additional Term not be determined before the beginning
thereof, annual base rent shall continue to be paid by the Ground Tenant at the rate applicable during the initial term,
and there shall be an appropriate adjustment promptly following the final determination.
15. Except as otherwise provided, a party may exercise its rights and remedies at any time, in any order,
to any extent, and as often as it deems advisable. A party may exercise its rights and remedies without regard to
whether the exercise of one right or remedy precedes, concurs with, or succeeds, the exercise of another. A single or
partial exercise of a right or remedy shall not preclude a further exercise of the right or remedy or exercise of another
right or remedy from time to time. No delay or omission in exercising a right or remedy shall exhaust or impair the
right or remedy or constitute a waiver of, or acquiescence to, an event of default or breach.
16. All notices to be given pursuant to this Ground Lease shall be effective only when given in writing and
mailed by certified mail, return receipt requested, postage prepaid, or by private express delivery service requiring
signature upon receipt, to the party to whom addressed, at the following addresses:
Ground Lease
To Landlord:
Town of Nantucket
Board of Selectmen
Nantucket Town Hall
16 Broad Street
Nantucket, MA 02554
To Ground Tenant:
Or in the case of either party to such other address as shall be designated by written notice given to the other party
Any such notice shall be deemed given when so delivered by hand or, if so mailed, when deposited with the U.S.
Postal Service.
17. Ground Tenant shall indemnify and save harmless the Landlord against and from all costs, expenses,
liabilities, losses, damages, suits, fines, penalties, claims and demands of every kind or nature, including reasonable
counsel fees, by or on behalf of any person, party or governmental authority, whomsoever, arising out of any
accident, injury or damage which shall happen in, on or about the Property or appurtenances, and on or under the
streets, sidewalks, curbs or vaults in front of or adjacent thereto, however occurring, and for any matter or thing
growing out of the condition, occupation, maintenance, alteration, repair, use or operation of the Property, or of any
part thereof, and/or of the streets, sidewalks, curbs or vaults adjacent thereto during the Term and not due to the
negligence or wrongful act of the Landlord or its agents.
18. This Ground Lease shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts. It shall be binding upon the parties and their respective successors and assigns
and shall inure to the benefit of the parties and their respective successors and assigns. This lease may not be
amended or canceled orally.
[Signatures on next page]
Crou nd Lease
LANDLORD ACKNOWLEDGMENT
At a meeting duly held on \ d.. ) LR , 2006, the Board of Selectmen for the Town of Nantucket
reviewed the foregoing lease and voted to adopt it pursuant to Article 90 of the 2004 Annual Town Meeting.
WITNESS our hands and seals as of date first above named.
TOWN OF NANTUCKET
By its Board of Selectmen:
COMMONWEALTH OF MASSACHUSETTS
On this 1a- day o~I.f'.am.'oe.l 2006, before me, the undersigned notary public, personally Whitey Willauer, Brian
J. Chadwick, Douglas L. Bennett, Michael Kopko, and Catherine Flanagan Stover as they constitute a majority of the
Nantucket Board of Selectmen, proved to me through satisfactory evidence of personal knowledge of identity to be the
persons whose names are signed on the preceding document, cknowledge to me that each signed it voluntarily
for its stated purpose, on behalf of the Town of Nantucket.
Notary Public
My Commission Expires: 7 / :;;/ / dO/I
Crou nd Lease
GROUND TENANT ACKNOWLEDGMENT
Signature of Organization President
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss.
,2006
Then personally appeared the
foregoing
and acknowledged the foregoing Ground
Lease to be their free act and deed, before me.
Notary Public
My commission expires:
Exhibit A
From the 2004 Annual Town Meeting Warrant:
ARTICLE 90
(Real Estate Disposition: Lease Authorization for Recreational Shooting Range Facility)
To see if the Town will vote to authorize the Board of Selectmen of the Town of Nantucket, acting
both in their capacity as such and, to the extent necessary, as the Commissioners of the County of
Nantucket to negotiate the terms and conditions of and to grant a lease of certain land within the
area described as Parcels 4,5 and 6 and shown on Assessor's Map 78, said land being zoned as
LUG-3 for the demarcation, design, layout, construction, maintenance and operation of a
recreational facility for use by the permanent and part-time residents of Nantucket and their guests
for rifle, pistol and shotgun shooting upon ranges to be designated thereon; said lease to be
negotiated with and granted to the Nantucket Hunting Association, Inc. or such other not-for-profit
organization principally located on Nantucket and which has been duly incorporated under Chapter
180 of the General Laws, whose members have experience in the conduct or operation of such
shooting activities and which subscribes or belongs to such state and national organizations as are
normally involved in training and educational activities for adults and juniors in the safe and proper
use of firearms and in organized programs for marksmanship and competition; the terms and
conditions to be negotiated and granted by the Board of Selectmen shall include all those normally
found in a land lease agreement, including but not limited to the length of the lease, payment
therefore and such terms related to exclusive use as the Selectmen shall deem reasonable and
necessary under the circumstances.
(Steven Holdgate, et al)
FINANCE COMMITTEE MOTION: Moved that the Selectmen are hereby authorized to grant a
lease of the property of certain land within the area described as Parcel 5 and shown on
Assessor's Map 78 for the purpose of for the demarcation, design, layout, construction,
maintenance and operation of a recreational facility for use by the permanent and part-time
residents of Nantucket and their guests for rifle, pistol and shotgun shooting upon ranges
to be designated thereon; said lease should be negotiated with and granted to the
Nantucket Hunting Association, Inc. or such other not-for-profit organization principally
located on Nantucket and which has been duly incorporated under Chapter 180 of the
General Laws, whose members have experience in the conduct or operation of such
shooting activities and which subscribes or belongs to such state and national
organizations as are normally involved in training and educational activities for adults and
juniors in the safe and proper use of firearms and in organized programs for marksmanship
and competition; the terms and conditions to be negotiated and granted by the Board of
Selectmen shall include such terms related to exclusive use as the Selectmen shall deem
reasonable and necessary under the circumstances.
VOTE: The vote on the motion pursuant to Article 90 as recommended by the Finance
Committee was by Unanimous Voice Vote. The motion was adopted.
Crou nd Lease
Exhibit B
Performance Obligations of Lessee
C. Scope of Work
a) Tenant must be willing to adhere to the definitions and bylaws provided in the Code
of the Town of Nantucket, Mass General Law Chapter 140 S131 & S129C, as well as
any and all other local and state regulations or laws that may apply. The Tenant
must also adhere to the intent of Article 90 of Annual Town Meeting 2004.
b) The intent of the Town is to lease the property to a not-for-profit organization
principally located on Nantucket and which has been duly incorporated under
Chapter 180 of the General Laws, whose members have experience in the conduct
or operation of such shooting activities and which subscribes or belongs to such state
and national organizations as are normally involved in training and educational
activities for adults and juniors in the safe and proper use of firearms and in
organized programs for marksmanship and competition; the terms and conditions to
be negotiated and granted by the Board of Selectmen shall include such terms
related to exclusive use as the Selectmen shall deem reasonable and necessary
under the circumstances. The Tenant shall then design, construct, and maintain a
shooting range and parking areas. Use of the shooting range shall be regulated and
overseen by the Tenant. The purpose of the shooting range is to provide citizens
with a safe environment to participate in shooting sports with an emphasis on firearm
safety, hunter education, hunter sight-ins, new shooter recruitment, firearms
education and training and wildlife management.
c) Any reconfiguration of the property must conform to all applicable zoning bylaws.
Under this circumstance, the Tenant shall be responsible for any survey and plan
preparation and plan filing costs associated with parcel reconfiguration.
d) Tenant will be responsible for all aspects of the development of the property including
obtaining all financing, all local and state permits and licenses; providing all reports
and/or studies that may be required by local and state regulatory boards; and
obtaining any other professional services necessary for the successful completion of
the project.
e) The Tenant or its representative shall be required to attend all meetings held with
local and state officials or any review committee that may be appointed to represent
the interests of the Town, concerning this contract and/or this project.
D. Improvements to the Property
a) The property for lease is shown as Assessor's Map 78, Parcel 5 (see Exhibit B)
b) It is understood and agreed by the Town and the Tenant that the Tenant shall
develop a facilities improvement plan. Upon termination of the agreement, all
facilities and improvements, exclusive of personal property, shall be and become the
property of the Town.
c) All facilities and improvements to the property shall be at the expense of the Tenant,
and the Tenant shall provide at its expense personnel required for the maintenance
and operation of the property. All construction shall conform to the applicable
federal, state and county health and building laws, codes and bylaws, and the Tenant
shall receive written approval from the Town for all construction prior to the
11
Ground Lease
commencement of construction.
E. Repair of Road Damaqes
a) The Tenant will be responsible for repair of any significant damage done to any road
used consistently or Madaquacham Valley Road and New South Road during
construction. The Town will be responsible for determining if the damage is
significant as well as the liability of the Tenant, if any.
F. Safety
a) Public Safety: The Tenant will provide adequate supervision and security to
ensure public safety. The Tenant shall provide first aid training to all personnel
with direct oversight of public shooting and will ensure that first aid kits are
adequately kept and maintained in all buildings.
b) The Tenant is responsible for security of the property. The Tenant shall recognize
the legal jurisdiction of the department and its officers to enforce law and order
and to uphold the regulations in effect within the facility. The sole responsibility
for the establishment of internal and external security measures adequate to
protect the Tenant's property and all of the facilities imposed on the Tenant during
the entire effective term of this agreement.
G. Operations
a) The Tenant shall be allowed to construct a Clubhouse, Pistol Range, Rifle Range
and Skeet Trap Field. The Clubhouse will be for administrative offices,
Classrooms, a kitchen, a main lobby area, fireproof supply rooms, rest rooms and
a customer service area for check in. Two small sheds will be allowed for
protection of the Clay Target machines from the weather. Covered roofs with
open supports will be allowed to be built as shooting stations at the rifle and pistol
ranges.
b) Sufficient personnel must be employed to provide adequate levels of public safety
and service and to provide maintenance. The Tenant will be required to provide
capital outlay to operate the range at a high level of service.
H. Operatinq Restrictions
a) The Tenant shall observe and comply with all federal, state, county and civil laws,
orders, bylaws and regulations as well as safety policies specified by the Town
and County of Nantucket.
b) The Tenant agrees to annually budget funds sufficient for the continuous
development, maintenance and operation of the subject property and related
recreational facilities.
I. Specific Requirements
a) An archaeological survey of the property, prepared in accordance with the methods
and guidelines of the Massachusetts Historical Commission, shall be required prior to
the commencement of any development.
b) A rare plant survey of the property, conducted in accordance with the methods and
guidelines of Natural Heritage and Endangered Species Program, shall be required
11l
Ground Lease
b) A rare plant survey of the property, conducted in accordance with the methods and
guidelines of Natural Heritage and Endangered Species Program, shall be required
prior to commencement of any development.
c) Any and all state and local permits required, shall be obtained prior to any development
of the property.
d) The ranges must be built to NRA's specifications and an NRA representative must
advise and inspect the construction of the actual ranges.
J. Lease AQreement
a) If the most advantageous proposal is selected, the Town shall execute a Ground
Lease, the terms and conditions. The Town shall retain the right to terminate the
Ground Lease if construction of the project is not commenced within twenty-four (24)
months from the execution of said lease.
b) Tenant must sign the enclosed Ground Lease and include the signature page in the
non-price proposal submission as an evidence of the Tenant's willingness to enter said
lease agreement.
K. Performance and Other Bonds
To ensure faithful performance, the Tenant must furnish a Performance and Maintenance Bond, as
well as a Labor and Materials Bond (Payment Bond) each valued at 100% of the contract. The
required bonds shall be presented to the Town upon the commencement of construction.
Exhibit C
IV
Ground Lease
Town \)fNalltllcket Web.GIS - Printablet>.'1ap
Sale Date
Sale Price
Book/Page
lot Size
Page 1 of2
TO\"!~,~r~an~ucket Web
~1ADEQUECHAr~ \fLY RD
NANTUCKET TOWN OF
16 BROAD $T
N..&,NTUCKET, MA 02554
$.0
00062/ 170
4$.2 <Jcres
A't..J:C;;p.L D()CUtAE~fY
:11 Jf;fh:;n1~ nd~~:f{N'tr.;e '(dity' l/nDCytaflt
ca9~,~ts~vhh:h nYlst t>';7 ;:unth:f~'-;"0.'d ~Nh:.:;;.n
\lsin9 UH~ 0;::~U~~re a?,;3ih~t~lt:
tJ3ntu<~\;::,:,~t GT::.~ CfJ-{}f;jL"'~;:~;:tj}r
r-tap Composec
httn' fJl'1{,(.~t :)r\l't.:'1.,;\j\ f'nTnJntlnflt;r1... j;'h'l"~l t'Pr.j 'flt'_lhit~.~1",-H'\ ~ct\v?flrj:'CHi'V~/;:.;.::;;:-\.\l;.At~,"Jb- \A '1.""" \\r;rf,th~~.:,') 1f...
') {" i''i l,){'ln..-::.
Exhibit 0
v
AmST: A TRUE COPY
(JJ)o;u
NANTUCKET TOWN
TOWN AND COUNTY OF NANTUCKET ~~lMgm1JlQN228-7255
Fax (508) 228-7272
BOARD OF SELECTMEN
Minutes of the Meeting of 2 August 2006 at 6:00 PM. The meeting took place in the Court Room,
Town and County Building, Nantucket, MA 02554. Members of the Board present were Douglas
Bennett, Brian Chadwick, Michael Glowacki, Michael Kopko and Whiting Willauer. Chairman
Willauer called the meeting to order at 6:00 PM.
Announcements. Chairman Willauer announced that, effective August 2, 2006, Wednesday
parking ticket hearings formerly held at the fire station will occur at 2 Fairgrounds Road.
Public Comment. Andrew Willauer of 2 India Street spoke against the change in parking
designation near his property. Town Administrator Libby Gibson advised that this matter and any
other traffic safety matters should be provided in writing to the Town Administration office.
Tony Mazzotas spoke regarding Essex Road parking issues and Chief Pittman provided an update
on plans to address overcrowding there. Andy Caspe of Essex Road voiced concerns about the
overcrowding of the Essex Road section leading to Miacomet Avenue.
Chairman Willauer requested that the sewer item be taken out of order due to the off-island
consultant's travel needs. So moved by Mr. Kopko. Mr. Bennett seconded. So voted
unanimously.
Approval of Pavroll Warrant for Week Endinq 30 Julv 2006. Mr. Bennett moved to approve the
payroll warrant. Mr. Kopko seconded. So voted unanimously.
Approval of Treasury Warrant for Week Endinq 2 Auqust 2006. Mr. Bennett moved to approve the
treasury warrant. Mr. Kopko seconded. So voted unanimously.
Citizen/Departmental Requests.
1. Assessor: Request for Review of Annual Appointments to Abatement Advisory Committee.
The Board reviewed the appointments by the Assessor of Joseph J. McLaughlin, Judith Moran and
H. Flint Ranney to the Abatement Advisory Committee for a one-year term covering fiscal year
2007. Mr. Bennett moved to approve the appointments. Mr. Kopko seconded. So voted
unanimously.
2. Town Clerk: Request for Annual AppointmenURe-Appointments of Election Officers. Mr.
Chadwick moved to approve the appointment of election officers as listed in the Town Clerk's July
25,2006 memo as attached for one-year terms beginning September 1, 2006 and ending August
31,2007. Mr. Kopko seconded. So voted unanimously.
3. Nantucket Memorial Airport: Request for Letter of Support for South Shore Pipeline Project.
Airport Commission Chairman Foley Vaughan provided background information and asked for
Board support of the South Shore Bulk Fuel Pipeline and Storage Facility. Consultant Leo Roy of
Vanasse Hangen Brustlin, Inc, gave an overview of the fuel line project, noting that bulk fuel
ATTEST: A TRUE COpy
CkJ)OJw
storage has been discussed since 1988. There were no comments from the public. Mr. Be~~~~1~~~
noted he has environmental concerns. On Mr. Kopko's inquiry, Mr. Vaughan indicated that {Rey
were seeking a letter of support from the Board to proceed. Airport Manager AI Peterson indicated
Minutes of the Meeting of 2 August 2006 at 6:00 PM
Page II
next steps for funding to proceed with the environmental permitting and to manage the project. Mr.
Chadwick spoke to the safety of the delivery of fuel. Mr. Glowacki moved to send a general letter
of support for the project. Mr. Kopko seconded. Discussion followed on potential dangers and
design of the off-shore single point mooring, the lengthy permitting process and the need to
determine the medium through which the project should progress. On the motion, Mr. Glowacki,
Mr. Chadwick, Mr. Kopko and Chairman Willauer voted in favor. Mr. Bennett voted in opposition.
Town Administrator's Report. (taken out of order)
1. Presentation of Sewer Enterprise Fund Report. Ms. Gibson provided background information
and introduced consultant Mark Abrahams. Mr. Abrahams explained the current one-fund
structure and presented options of continuing this way or of separating the fund into two funds,
such that a Sconset Sewer Enterprise Fund and a Surfside fund would each be self-sustaining. He
noted that a significant increase would result for Sconset if assessments and user fees are
imposed and that corresponding decreases in the Surfside charges for all other, non-Sconset
wastewater treatment customers would follow as well. He outlined the revenue sources to finance
the FY 2007 revenue requirements. Sconset resident Finn Murphy asked about FY 2007
allocations concerning construction of a sewer on the north side of Old South Road. Ms Gibson
and Mr. Abrahams indicated that this would involve betterments and would affect FY 2008 figures,
but not those for FY 2007. Discussion followed on connection and privilege fees. Donald Visco
stated that careful consideration of charges to Sconseters is warranted. Mr. Glowacki referenced
April 27, 2006 and May 9, 2006 memos and noted the September 15, 2005 Board discussion about
seaparing into two enterprise funds as favored by the Sconset Sewer Committee. He added that
the sewer advisory committee would be talking about the CWMP and suggested that the BOS
address the matter of acceptance of the separation of funds in a few weeks and of clarifying the
upcoming question to the Board. Ms. Gibson requested that the Board schedule a public hearing
for increasing current sewer rates. The Board consented to do so on August 23, 2006.
Citizen/Departmental Requests (continued)
4. Sconset Post Office: Request for Temporary Use of Town Parkinq Lot in Siasconset. Engineer
Ted Burnham, representing property owner Bernie Coffin, provided information on the planned
renovation of the Sconset post office and the need for a temporary trailer near the site from this fall
until June 1, 2007. No one spoke in opposition. Mr. Bennett moved to approve the request for the
temporary use of the Town parking lot as requested. Mr. Chadwick seconded. Mr. Glowacki
moved to amend the motion to include the requirement for a certificate of insurance naming the
Town as an additional insured. So voted unanimously.
5. Citizen Request for Town Financial Assistance with Reqard to Private Sewer Pipe Repairs.
Summer resident Alex Filimanov of 23 West Chester Street provided background on the request.
David Gray spoke as the contractor who performed previous repairs, noting the location of the
ATIEST: A mUE COPY
r;)J)OILJ
NANTUCKET TOWN
AOMINISTRA TlON
problem involves private lines. DPW employee Ritchie O'Neil also spoke to clearly identify the
location. Mr. Chadwick moved to send the question to the Sewer Advisory Committee for
determination on how to proceed. Mr. Bennett seconded. Mr. Bennett and Mr. Chadwick voted in
favor. Mr. Glowacki, Mr. Kopko and Chairman Willauer voted in opposition. Chairman Willauer
asked for a positive motion. There being none, the matter was closed without action.
Minutes of the Meeting of 2 August 2006 at 6:00 PM
Page III
6. Sconset Beach Preservation Fund: Request for Letter of Support with Reqard to Proposed
Sconset Beach Nourishment Proiect. Cheryl Bartlett, Executive Director of the Sconset Beach
Preservation Fund noted the request for generic support for beach nourishrnent, provided
background information on the SBPF, and requested a letter of support be sent by this Friday.
Island resident Rick Atherton stated that points of view differ on the subject of beach nourishment
and asked for the sharing of the text with citizens, noting that other like requests could be expected
for other island areas. Chairman Wlllauer read the draft letter aloud. Barbara Gookin voiced
concerns on taking sand from the shoal that could cause other impacts, stating her opinion that a
letter of support from the Board would be premature at this point. Nancy Wheatley shared
thoughts on signing a letter specific to the Sconset project. Mr. Glowacki moved to send the letter.
Mr. Kopko seconded. So voted unanimously.
7. Liquor Licensee: Request for Chanqe of Manaqer for Nantucket Island Products Company dba
Cap'n Tobey's Chowder House from Katherine O'Connor to Christopher Roche for Premises
Located at 20 Straiqht Wharf. Chris Roche spoke in support of the transfer. Mr. Chadwick moved
to approve the request. Mr. Kopko seconded. So voted unanimously.
8. Nantucket Huntinq Association: Request for Amendments to Proposed Recreational Shootinq
Ranqe Facility Lease. Ms. Gibson provided background information and noted that two
amendments have been requested by the Hunting Association as the only respondent to the
request for proposals to use a portion of Town-owned property for a shooting range. Steve
Holdgate of the Nantucket Hunting Association stated that fundraisers would be planned for the
clubhouse and so they would want to be able to serve liquor. He also indicated a request for a
variation from the RFP for the fencing requirement. Ms. Gibson shared her recommendation as
per Town Counsel to sign the lease agreement with the amendments to be addressed in a "side
letter" indicating that the Board will consider waiving the fencing requirement for posting if an
adequate plan is provided to the Board; and, would be amenable to permitting alcoholic beverages
pursuant to a Board-approved license and the terms thereof. Phil Gallagher spoke against the
potential dangers of "mixing alcohol and hunters" and discussion followed on the separation of
these and on the need for fencing. Police Chief Pittman shared information on gun clubs and
stressed the importance of organization and rules. He stated that the NHA has done a good job in
planning and preparation of this club and suggested there is a benefit to the police department of a
training facility. He also spoke in support of the fencing in the critical area rather than all of the
property. Mr. Glowacki moved to approve the proposed lease amendments and to refer the price
proposal back to Town Administration for further review. Mr. Bennett seconded. So voted, with
Mr. Glowacki, Mr. Bennett, Mr. Chadwick and Chairman Willauer voting in favor. Mr. Kopko voted
in opposition.
Town Administrator's Report. (continued)
1. Presentation of Sewer Enterprise Fund Report. This matter was addressed earlier in the
meeting.
ArnST: A TRUE COPY
QJ)O;1J
NANTUCKET TOWN
AOMtNlSTRA 1lON
2. Review of Proposed Date for Special Town Election in Connection with Article(s) on October 23,
2006 Special Town Meetinq Warrant. Ms. Gibson reviewed the proposed date of October 31,
Minutes of the Meeting of 2 August 2006 at 6:00 PM
Page IV
2006 for the Special Toyvn Election. Mr. Kopko moved to approve the special town election date of
October 31. Mr. Bennett seconded. So voted unanimously.
3. Review of Board of Selectmen Meetinq Schedule for Auqust, September and October. Ms.
Gibson reviewed upcoming agenda items under the general topic headings for each week, noting
in response to Mr. Chadwick's inquiry that a taxi regulations public hearing is tentatively scheduled
for September. Discussion followed on the policy for road cuts.
Mr. Glowacki made requests for inclusion in future agendas for various matters. The Board
consented to place "Action on Sewer Enterprise Fund Separation" under Goals and Initiatives on
the September 13, 2006 agenda. With regard to "Report of Committees" as discussed at the
Board's goals meetings and the Right-of-Way Committee memo on Surfside properties dated July
26, 2006 asking for action, Chairman Willauer stated that he is awaiting feedback from another
party. The Board consented to add a status report on the Surfside matter to the executive session
agenda of August 10, 2006.
The Board consented to add "Reports from Selectmen Representatives of the NP&EDC and
Government Study Review Committee" to agendas quarterly under "Goals and Initiatives."
Mr. Glowacki noted his earlier request to place three items on agendas as per his July 6, 2006
memo agreed on by the Board on July 12, 2006. Mr. Glowacki asked for ten minutes to be
devoted to each of the following: Goals 2, 4 and 6 regarding "Budget Management and Expanded
Departmental Reviews;" "Traffic Management" and "Town and Country Zoning" respectively.
Chairman Willauer stated that these topics are on the next agenda of August 9, 2006 under "Goals
and Initiatives."
Selectmen's Report/Comment.
1. Further Review of October 23,2006 Special Town Meetinq Warrant Articles (continued from 26
July 2006). Ms. Gibson noted that two articles recently revised could be explained by Nantucket
Housing Office Executive Director Leedara Zola and Sarah Oktay who are present to discuss the
updates. Planning Director Andrew Vorce summarized zoning articles and addressed confusion
about them, noting the critical articles to address now. Discussion followed on the relationship of
the 41-81 D plan and the warrant articles. Mr. Bennett moved to address the matter of the zoning
warrant articles at a later meeting after acquiring any information it requires in the interim. There
was no second. Discussion followed on the process.
Ms. Gibson advised the Board of changes to the housing bank article although the concept is
unchanged. Ms. Gibson added that the "docks and piers" article has revised language to extend
the current moratorium.
Mr. Chadwick spoke about the change in the time schedule for 6:00 meetings and noting the late
hour, suggested options be considered for addressing it. Mr. Chadwick moved to discuss the
scheduling of the Board of Selectmen's agenda and to address time management being used
Minutes of the Meeting of 2 August 2006 at 6:00 PM
Page V
currently to stay on task. Mr. Glowacki seconded. Mr. Chadwick and Mr. Glowacki voted in favor.
Mr. Bennett, Mr. Kopko and Chairman Willauer voted in opposition.
The meeting adjourned at 10:05 PM.
Approved the 6th day of September 2006.
A TIEST: A TRUE COpy
{JJ)oJ1J
NANllJGKET TOWN
AOMtNISTRA TION
Ground Lease
NON- PRICE PROPOSAL
For
LEASE OF PROPERTY AND DEVELOPMENT OF A
RECREATIONAL SHOOTING RANGE FACILITY
Submitted By:
NANTUCKET HUNTING ASSOCIATION
2 Greglen Avenue, PMB 346
Nantucket, MA 02554
508-325-4224
VI
Ground Lease
PLAN OF SERVICE
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E
Exhibit F
NON- PRICE PROPOSAL
For
LEASE OF PROPERTY AND DEVELOPMENT OF A
RECREATIONAL SHOOTING RANGE FACILITY
Organization's Information & History
Safety Plan
Facility Description
Schedule of Proposed Project Development
Financial Plan
Operation & Maintenance Plan
Articles of Incorporation &
SOt(c) (3) IRS Determination Letter
SAFETY PLAN
Resume's of Current Executive Officers
Proposed Facility Plan
Current Balance Sheet Reports
Letter of agreement of law enforcement usage
7
Town of Nantucket
April 22, 2004
SECTION 1. ORGANIZATIONAL INFORMATION & HISTORY
The Nantucket Hunting Association Inc. is a 501 (c)(3) non-profit community organization
whose mission is to preserve the traditions of ethical hunting and maintain the balance of
Nantucket's Wildlife resources. (See exhibit A for documentation).
The Association was formed in 1997 when a group of Island resident hunters decided there
was a strong needs to have an organized effort to protect and foster the traditional activities
of hunting and shooting. Wildlife conservation has always been a practice that is deeply
integrated with hunting; therefore it has also become a part of the Associations' mission.
Since 1997, the Hunting Association has grown to approximately ## members. All our
activities and projects so far have been performed by volunteers and funded by dues and
donations. Some of these activities and projects include:
Educational Seminars & Forums
Kid Conservation Camp Sponsorships
Wood Duck Nesting Box program
Pheasant raise & release program
Informational Brochure distribution
Organized shooting events
Fund Raising events
Donations to other charitable organizations
Controlled Deer Hunts
· Including the Nantucket Conservation Foundation Ram's Pasture hunt.
Sponsored Archery Hunter Education courses
Hunter Education Instructors certified by the State of Massachusetts
The Nantucket Hunting Association has several volunteers eager to attend classes to
become NRA certified firearms instructors. An Island shooting range will allow them to
maintain the certifications without having to travel to off island ranges.
SECTION 2.
SAFETY PLAN
A multi-purpose shooting facility is a valuable asset to a community. It is a privilege for
8
Town of Nantucket
April 22, 2004
community members to have a clean, organized and safe place to enjoy the shooting sports.
This type of shooting atmosphere can only be maintained when a clear, and formal set of
rules are communicated to and followed by all who use the facility. This set of rules needs to
be specific to the uniqueness of the each shooting facility. These rules are worthless, unless
there is a defined process for discipline for those who do not follow the rules. For these
important reasons, the Nantucket Hunting Association will finalize and approve the first
Safety Plan after the specific ranges are constructed, but before the range is open for use.
The safety plan will be a dynamic document, meaning that annual reviews will be conducted
and amendments will be made whenever the need is identified for improvement.
A safety plan is included as Exhibit B. This Safety Plan is the initial draft for the proposed
shooting facility. Some sections are incomplete at this time due to unknown conditions that
will be identified at time of construction. Many resources have been utilized in creating this
document, some of which include:
National Rifle Association
· Range Source Book
· Training Department
National Shooting Sports Foundation
· National Association of Shooting Ranges
National Sporting Clays Association
. Gun Club Manual
9
Town of Nantucket April 22, 2004
SECTION 3 FACILITY DESCRIPTION
Due to the many types of shooting interests on Nantucket combined with the Island's
geographical isolation, a multi-use shooting facility is necessary to accommodate all
interested community members. The proposed facility would include a range for hunters to
practice sighting in their rifles, a pistol range for firearms marksmanship and safety training, a
clay target range for the shotgun sport enthusiast, and an archery range. All of these ranges
can be used for law enforcement training, safety education, competition events as well as
recreational events. The facility would be available to the public under the supeNision of Club
Range Safety Officers at specified times. At least two days a week and one day on the
weekend will be available to the public. The ranges and clubhouse will be constructed to
allow for handicap access. The Hunting Association plans to expand the hours of operation
as the club grows and intends to eventually have the ability to staff a deer check station and
sell state hunting licenses and permits. The majority of the land would be left in a natural
state, adhering to conseNation minded land management. See Appendix C for proposed
site plan.
Recommended amendment to lease:
The Nantucket Hunting Association strongly recommends a change to the Lease of Land
under Performance Obligations of Lessee section, D. Safety e) "The Tenant will fence in the
entire parcel of land before any other development of the property." The recommended
change is to insert the words "or Post" after the word "fence" in sentence D.e) above. The
Association's legal counsel has advised that posting of property bounds conspicuously
satisfies the legal obligation to warn the public of the hazards if they trespass beyond. It is
the Hunting Association's intent to fence off areas of the property bounds easily accessible
by automobiles, motorcycles and pedestrians (hikers, hunters and bikers). Many areas of the
parcel are well away from the shooting ranges or are thickly vegetated. With permission from
adjacent landowners, the association would plan to place signs every 100 feet along the
brush line in clear areas where anyone would have clear access to enter the brush line. The
signs would warn of a Live Firing Range Beyond, Do Not Enter. The option of posted signs
would prevent the excess clear cutting necessary to build a full fence line in the thickly
brushed areas.
RIFLE RANGE
A rifle range allows for shooters to fire "long guns" or rifles. The proposed rifle range is 200
yards long from the shooting line to the front of the backstop. The backstop is a 20-foot high
berm constructed of dirt and grass and lined beneath to stop the migration of lead deposits.
Accumulated lead bullets can be removed periodically. Side berms of similar construction
outline the lateral boundaries of the range. A roof-covered structurewill shelter the shooters,
their firearms and equipment from the elements as well as provide added safety features to
keep the fired projectiles within the range limits. The range will be constructed according to
industry accepted National Rifle Association design criteria.
10
Town of Nantucket
April 22, 2004
PISTOL RANGE
A pistol range will be designed for shooters to fire handguns at approved targets. The design
features will be the same as the rifle range. Handguns are short-range firearms therefore the
length of the range will only be 50 yards long. Small bore rifles, (.22 caliber rim-fire, pellet &
BB guns) would also be allowed to use this range. This range would be used for general
target shooting, competition shooting, gun safety training as well as law enforcement training.
This range will be constructed according to industry accepted National Rifle Association
design criteria.
CLAY TARGET RANGE
A clay target range consists of one or more "throwing" machines called traps that launch a
clay disc target through the air at different angles to the shooter to represent a bird in flight.
The shooter uses a shotgun to fire at and attempt to break the clay target. Shotguns have a
short effective range and shoot multiple small pellets or bb's called shot. The size of the shot
size will be limited to size 7 %. Only non-toxic shot material and biodegradable clay targets
will be allowed on this range. This size and type shot has a range of less than 200 yards. A
250 yard shot fall safety zone is designed as semi-circular area off limits when the range is
open. This range will be constructed according to industry accepted National Rifle
Association Range Manual and National Sporting Clays Association specifications.
There are many types of clay target ranges. The proposed range will ultimately consist of a
5-stand Sporting Range. This type of range can consist of up to six traps and has eight
shooting stations to present a large assortment of target angles to the shooters.
This range can be built over time as the club grows. The range will be open for use as soon
as the first trap house is installed. A single trap house is called a trap range. Two more
machines will be added to each side of the range, one in a low house structure on the right
and one in a high house structure on the left. This is known as a Skeet Range. More
machines will be added over time as the club use increases,
ARCHERY RANGE
A 3D archery range will be constructed as one of the first and least expensive ranges. It will
consist of an area with traditional round archery targets as well as simulated 3 dimensional
game targets. This range would be available to the local school systems to use for archery
classes or possibly a competition archery team.
11
Town of Nantucket
April 22, 2004
CLUBHOUSE
As in all recreational sports facilities a clubhouse is the hub from which all activities are
administered and serves as a general meeting place for citizens with a common interest to
share their enthusiasm in a particular activity. Whether it is a golf club, tennis club, or gun
club, a clubhouse is essential to the continued growth of a club. As the Members and guests
relax and converse after their time on the range, shared ideas turn into club improvements,
idle time evolves into volunteer time and effort. The Clubhouse is also where the formal
meetings of the Club's board members and committees take place and where the
classrooms exist for training classes. Fund raising dinners, auctions and charity breakfast
events will be held in the Clubhouse. The clubhouse is where the awards and
accomplishments of its members will hang on the walls. All of these clubhouse activities will
foster a feeling of ownership among the club's members.
For a clubhouse to function as such an important facility command center and fund raising
tool, the basic components will be included as part of the clubhouse design.
1. A main function hall
2. A kitchen area.
3. Restrooms (with at least one handicap accessible)
4. Administrative Office.
5. Equipment Storage room.
6. Classroom
7. Utility Room.
Recommended amendment to lease:
As part of the proposal response, the following change to the Lease is strongly suggested.
Exhibit A, section F, f) of the proposed lease states "Alcoholic beverages shall not be offered
or allowed on the property and are strictly prohibited". This restriction will prevent the club
from conducting fund raising events in the form of dinner auctions where cocktail parties are
an expected component. While it is understandable to include this restriction out of fear of
mixing guns and alcohol, it is already strictly forbidden and against all rules to consume
alcohol or take drugs of any kind when handling firearms. It will also be against the rules to
have any alcohol present on any of the ranges.
Most shooting clubs serve alcoholic beverages in the clubhouse. This facilitates a social
atmosphere for members and guests to spend extra time at the facility. The more time
people spend at the clubhouse engaged in casual conversations, the more likely they will
sign up as a volunteer, or a guest will decide to apply for membership. The social aspect of
the club is important for maintaining the high level of volunteer effort needed to sustain the
normal operations of the club. An added benefit is the ability to allow the members use of the
facility for private functions like weddings and birthday parties.
12
Town of Nantucket April 22, 2004
SECTION 4 SCHEDULE OF PROPOSED FACILITY PROJECT
The proposed shooting facility will be constructed in phases. This will allow the facility to be
utilized for shooting activities early in the development of the facility. The following project
time line starts when there is a signed lease agreement and begins with initial fund raising
and ends with the first opening of the clay target range to the general public. Obviously this
time line is an estimate and will need to be adjusted for accuracy and more detail added as
the project progresses.
PROJECT PHASES:
PHASE I.
Planning, funding and construction of basic ranges.
~ A major fund raising drive will begin.
~ Grant applications
~ Planning & Permitting
~ Fencing & posting of property
~ NRA Instructor Training
~ Construct Driveway access
~ Clearing & grading of range sites
~ Construction of Rifle/Pistol Berms
~ Construction of single Trap Field
~ Construct Archery range
~ Expert Inspection & opening of ranges for limited use.
PHASE II. Utilities, and range expansions.
~ Additional Grant Applications for existing ranges
~ Permitting of Utilities
~ Installation of utilities (septic, water and electric)
~ Construction of Skeet houses on Trap field.
~ Installation of covered shooting stations.
=> Range improvements as identified (baffles, traps)
PHASE III. Clubhouse, Grounds improvement.
~ Construct Clubhouse
~ Landscape improvement
~ Expert Inspection of facility
~ Open clay target range to public
~ Host a Public Open House Celebration!
13
Town of Nantucket
April 22, 2004
PROJECT TIME LINE
Activity Description Start time Completion time
Phase I
Secure lease June 2006 July 2006
Fund Raising In work On Going
Grant Applications July 2006 On Going
Obtain Permits July 2006 Dec. 2006
Fence & Post Property July 2006 Dec. 2006
NRA Instructor Training Aug 2006 May 2007
Construct Drive Way Aug 2006 Oct. 2006
Clearing/Grading Sept. 2006 Nov. 2006
Construct Rifle/Pistol Range Oct. 2006 Jan.2007
Construct Trap Range Oct. 2006 Jan. 2007
Construct Archery Range Oct. 2006 Nov. 2006
Expert Inspection of ranges Nov. 2006 Jan. 2007
Open Ranges for limited use Jan.2007 Jan 2007
Phase II
Utility Permitting Oct. 2006 Dec 2006
Install Utilities Dec. 2006 May 2007
Construct Skeet Houses April 2007 July 2007
Construct covered stations April 2007 Aug. 2007
Range Improvements April 2007 Oct. 2007
Phase III
Construct Clubhouse Oct. 2007 July 2008
Grounds Improvement Oct 2008 Nov. 2008
Range Improvements Oct 2008 Jan 2009
Expert Inspections Jan 2009 Jan 2009
Open Clay Range to Public March 2009 March 2009
Public Open House Event April 2009 April 2009
14
Town of Nantucket April 22, 2004
SECTION 5 FINANCIAL PLAN
INITIAL FUNDING DESCRIPTION
Financial funding for the design and construction of this multi-range shooting facility will
largely come from donations solicited from private citizens, businesses, and other
organizations. Several donors have indicated an interest in contributing to this project once a
lease agreement has been secured for the land. The next largest amount of funding will be from
Grants available through government, and industry sources. The third source of funds is from
the Nantucket Hunting Association in the form of membership contributions and past fund
raising events. See Exhibit E for the latest balance sheet of the Nantucket Hunting Association.
The following are sources of grants that will be submitted by the Nantucket Hunting
Association for the purpose of constructing a shooting facility.
Division of Fisheries and Wildlife
Federal Aid in Wildlife Restoration Act of 1937 (Pittman-Robertson Act)
National Rifle Association
NRA Foundation Grants
Hunter Services Dept. ECHO Program
National Shooting Sports Foundation
Hunting & Shooting Sports Heritage Fund
Industry Donations
United States Military Branches
USCG
15
Town of Nantucket
April 22, 2004
OPERATING REVENUES
Mostly userfees and membership fees will generate operating funds to manage, maintain
and promote the facility once it is operational. Any grants available will be utilized, including
grants associated with the establishment and mainentance of an environmental stewardship
plan. Fund raising events will continue to fund special projects as well as provide a source for
donations to other charities.
An estimated revenue forecast has been constructed using survey data from numerous
shooting clubs through out the nation. The price charged per round at each range is shown
for both Members and non-members. The amount of rounds shot each year is based on
other clubs in the area with a population correction factor. The amount of rounds shot each
year is the most uncertain variable.
The estimated costs are forecasted by adding the predicted costs of range supplies, utilities,
building and grounds maintenance, and part time employee payroll to existing expenses of
the Nantucket Hunting Association. Membership Dues and range fees will be adjusted as
needed to cover the operating cost of operating the facility. Any profits will only be retained
for expenditures on future upgrades, special projects or for charitable donations.
Cost Per Round
Rifle/Pistol
(Week / Weekend)
Skeet/Trap
(Week / Weekend)
Member
($100/Yr Dues)
$7.55 I $8.00
$5.00/$6.00
Non-Member
$10.00/$10.50
$6.00/$7.50
Estimated Average Facility price per round = $7.00
Estimated Average Facility rounds per year= 6,000
Estimated Average Annual Range Revenue=$42,000
Estimated Profit & loss
Total Income
$48,500.00
$48,200.00
Total Expense
Net Income
$300.00
16
Town of Nantucket April 22, 2004
SECTION 6 OPERATION & MAINTENANCE
The Operation and General Maintenance of the proposed facility will be conducted by
member volunteers and by part time employed staff under direction of the Range Committee.
The Range Committee is responsible for creating and maintaining an up to date Operations
Manual and Range Safety Manual. The first draft of the Safety Manual is included as
schedule B.
See Schedule B: Safety Plan Section 5 Administrative Procedures.
17
Town of Nantucket
April 22, 2004
EXHIBIT A
1. Articles of incorporation
2. IRS Determination Letter
18
Town of Nantucket
April 22, 2004
EXHIBIT B
1. Current proposed draft of Facilitv Safety Plan.
19
Town of Nantucket
April 22, 2004
EXHIBIT C
1. Resumes of the top four current officers of the Nantucket Hunting Association.
20
Town of Nantucket
April 22, 2004
EXHIBIT 0
1. Proposed Facility Layout Plan (2 sheets).
21
Town of Nantucket
April 22, 2004
EXHIBIT E
1. NHA Balance Sheet (Sept. 2004 to Aug. 2005).
2. NHA Balance Sheet (Sept 2005 to May 2006).
22
Town of Nantucket
April 22, 2004
EXHIBIT F
1. Letter of agreement of law enforcement usage.
23
Town of Nantucket
April 22, 2004
SAFETY PLAN
CONTENTS
Section 1 Overview
Section 2 Terminology
Section 3 General Range Rules
Section 4 Specific Range Rules
Section 5 Administrative Procedures
Section 6 Emergency Procedures
Appendix A Range Commands
Appendix B List of current RSO's
Appendix C Hold Harmless Agreement
Appendix D Accident Report
Appendix E Maintenance Report
24
Town of Nantucket Apri/22, 2004
SECTION 1 OVERVIEW
MISSION
The Nantucket Hunting Association is a non-profit community organization, whose mission
is to preserve the traditions of ethical hunting and maintain the balance of Nantucket's wildlife
resources.
VISION
An integral part of fulfilling the mission of the Nantucket Hunting Association is education and
training in the shooting sports. The Nantucket Sporting Club exists to provide a safe, clean
and well organized facility where community members and visitors can enjoy the sport of
shooting, receive education and training in the safe use of firearms, hunting, and
conservation and develop marksmanship skills essential to ethical for generations well into
the future.
SAFETY PLAN PURPOSE
The purpose of this Safety Plan is to provide a single source document that contains the
rules, procedures and explanations essential to the safe operation of a multi-use shooting
facility. Other facility operations manuals may exist, but the Safety Plan is the main document
that all who uses the facility will receive and have access to.
25
Town of Nantucket
April 22, 2004
SECTION 2
TERMINOLOGY
This section exists to define the important terms used in the use of firearms on a controlled
range. The intent is to prevent confusion and misinterpretation of the rule and regulations.
NRA Terms inserted here
26
Town of Nantucket April 22, 2004
SECTION 3 GENERAL RANGE RULES
This section contains rules that apply to all ranges within the facility.
They are printed in this plan on pages that allow for reproduction as stand alone documents
for posting as signs and handouts for training.
Part 1 of this section contains Gun Handling Rules.
Part 2 of this section contains General Range Rules.
27
Town of Nantucket
April 22, 2004
GUN HANDLING RULES
1. ALWAYS KEEP GUNS POINTED IN A SAFE DIRECTION.
2. ALWAYS KEEP YOUR FINGER OFF THE TRIGGER UNTIL READY TO SHOOT,
and outside the trigger guard, until ready to fire or until the command "Commence
Firing" has been given.
3. ALWAYS KEEP THE ACTION OPEN AND FIREARM UNLOADED UNTIL READY
TO USE. On a firing range this means the shooters are in position on the firing line
and the range has been cleared for live firing.
4. KNOW YOUR TARGET AND WHAT IS BEYOND.
5. BE SURE THE GUN IS SAFE TO OPERATE.
6. KNOW HOW TO USE THE GUN SAFELY.
7. USE ONLY THE CORRECT AMMUNITION FOR THE GUN.
8. WEAR EAR AND EYE PROTECTION.
9. NEVER USE ALCOHOL OR DRUGS BEFORE OR WHILE SHOOTING.
10. STORE GUNS SO THEY ARE NOT ACCESSIBLE TO UNAUTHORIZED PERSONS
AND ARE IN COMPLIANCE WITH CURRENT LAWS.
11. BE AWARE OF ADDITIONAL SAFETY PRECAUTIONS REQUIRED BY SPECIFIC
GUNS OR ACTIVITIES.
28
Town of Nantucket
April 22, 2004
GENERAL RANGE RULES
1. KNOW AND OBEY ALL RANGE COMMANDS.
2. KNOW WHERE OTHERS ARE AT ALL TIMES.
3. SHOOT ONLY AT AUTHORIZED TARGETS.
4. MAINTAIN PROPER TARGET HEIGHT TO ENSURE FIRED PROJECTILE
STRIKES BACKSTOP.
5. DESIGNATE A RANGE OFFICER WHEN NONE IS PRESENT OR ASSIGNED.
6. UNLOAD, OPEN ACTION, REMOVE THE MAGAZINE AND GROUND AND/OR
BENCH ALL FIREARMS DURING A CEASE-FIRE.
7. DO NOT HANDLE ANY FIREARM OR STAND AT THE FIRING LINE WHERE
FIREARMS ARE PRESENT WHILE OTHERS ARE DOWN RANGE.
8. ALWAYS KEEP MUZZLE POINTED AT THE BACKSTOP OR BULLET TRAP.
9. PETS MUST BE ON A LEASH AND UNDER CONTROL. PETS CUASING A
DISTRATION MUST BE REMOVED BY THE OWNER.
10. BRASS CASINGS LEFT BEHIND BECOME PROPERTY OF THE CLUB.
29
Town of Nantucket
April 22, 2004
SPECIFIC RANGE RULES
This section contains specific rules that apply to each type of range within the facility.
They are printed in this plan on pages that allow for reproduction as stand alone documents
for posting as signs and handouts for training.
Part 1 of this section contains Clay Target Range Rules.
Part 2 of this section contains Rifle Range Rules.
Part 3 of this section contains Pistol Range Rules.
Part 4 of this section contains Archery Range Rules.
30
Town of Nantucket
April 22, 2004
CLAY TARGET RANGE RULES
1. OBEY ALL GUN HANDLING RULES AND RANGE COMMANDS.
2. NO LARGER THAN 7 % SHOT SIZE IS ALLOWED ON ANY OF THE CLAY
TARGET RANGES. Larger shot may be used on the rifle range and only fired at
ground targets.
3. ONLY NON-TOXIC SHOT IS ALLOWED ON ANY OF THE CLAY TARGET
RANGES.
4. HEARING AND EYE PROTECTION ARE REQUIRED ON A LIVE RANGE.
5. ALL UNCASED GUNS ARE TO HAVE THE ACTIONS OPEN.
EXCEPTION: Breech break actions may be closed when in a rack.
6. GUNS MAY ONLY BE LOADED WHEN SHOOTER IS IN THE SHOOTING BOX OR
STATION. ACTIONS SHOULD BE OPEN TO AND FROM STATIONS.
ANY SHOOTER OBSERVED TO HAVE A LOADED GUN ANYWHERE EXCEPT THE
SHOOTING STATION LOOSES THE DAYS SHOOTING PRIVILEDGES.
7. NO PRACTICE SHOULDERING OF GUNS ANYWERE EXCEPT ON THE RANGE
WITH THE KNOWLEDE OF THE RANGE OFFICER.
8. ABSOLUTELY NO ALCOHOL IS ALLOWED ON THE RANGE. THIS INCLUDES
OBSERVERS NOT PARTICIPATING IN SHOOTING.
31
Town of Nantucket
April 22, 2004
RIFLE RANGE RULES
1. OBEY ALL GUN HANDLING RULES AND RANGE COMMANDS.
2. EAR AND EYE PROTECTION ARE REQUIRED ON A LIVE RANGE.
3. NO SHOOTING AT UNAUTHORIZED TARGETS.
4. NO SHOOTING AT TARGET FRAMES.
5. NO HANDLING OF GUNS ALLOWED WHEN ANYONE IS DOWN RANGE DURING
A SAFE LINE.
6. BENCHED GUNS MUST HAVE MUZZLES POINTED DOWN RANGE WITH
ACTIONS OPEN AND MAGAZINES REMOVED.
7. GUNS MAY ONLY BE LOADED AT THE FIRING LINE DURING A HOT LINE.
ANY SHOOTER OBSERVED TO HAVE A LOADED GUN ANYWHERE EXCEPT THE
FIRING LINE LOOSES THE DAYS SHOOTING PRIVILEDGES.
8. NO OPEN TOED SHOES OR LOOSE TANK TOPS WHILE SHOOTING.
Hot brass casings contacting exposed skin may cause shooter to mishandle the
firearm.
9. WHEN MORE THAN ONE SHOOTER IS USING THE RANGE, A RANGE SAFETY
OFFICER MUST BE DESIGNATED AND MAY NOT PARTICIPATE AS A SHOOTER.
A MEMBER SHOOTING ALONE MAY ACT AS THE RANGE SAFETY OFFICER.
32
Town of Nantucket
April 22, 2004
PISTOL RANGE RULES
1. OBEY ALL GUN HANDLING RULES AND RANGE COMMANDS.
2. ANY GUNS NOT CASED OR HOLSTERED MUST HAVE THE ACTION OPEN.
3. SHOOT AT APPROAVED TARGETS ONLY.
4. NO TOY GUNS ALLOWED ON OR IN THE VICINITY OF THE RANGE.
5. ANYTIME GUNS ARE MOVED FROM THE REAR BENCH TO THE FIRING LINE
THEY MUST BE UNLOADED, ACTION OPEN AND MUZZLE POINTED
STRAIGHT UP.
ANY SHOOTER OBSERVED TO HAVE A LOADED GUN ANYWHERE EXCEPT
THE FIRING LINE LOOSES THE DAYS SHOOTING PRIVILEDGES.
6. TARGETS MUST BE PLACED SO THAT BULLETS PASSING THROUGH
TARGET WILL STRIKE BACK BERM. No shooting allowed into side berm or
into the ground.
33
Town of Nantucket
April 22, 2004
ARCHERY RANGE RULES
1. CLUB MEMBERS AUTHORIZED TO SHOOT ARCHERY MAY SHOOT ON THE
ARCHERY RANGE WITHOUT THE PRESENCE OF A RANGE SAFETY OFFICER.
2. MEMBERS OF THE PUBLIC AND NON-CERTIFIED MEMBERS CAN SHOOT
ARCHERY UNDER THE SUPERVISION OF ARCHERY CERTIFIED RANGE
OFFICERS.
3. NO ARROWS WILL BE NOCKED WHILE PEOPLE ARE DOWN RANGE.
4. THE LAST PERSON SHOOTING WILL CALL THE LINE "SAFE" WHEN FINISHED
SHOOTING. ALL ARCHERS WILL COMMUNICATE THE RANGE SAFE.
5. BROADHEAD TIPPED ARROWS MAY ONLY BE SHOT AT DESIGNATED
BROADHEAD TARGETS.
6. ARCHERS ARE RESPONSIBLE TO ASSURE THEIR EQUIPEMENT IS SAFE AND
IN GOOD ORDER.
34
Town of Nantucket
April 22, 2004
SECTION 5
ADMINISTRATIVE PROCEDURES
5.1 PERSONS AUTHORIZED TO USE RANGES.
a. Members in good standing and invited guests may use all ranges during range
operating hours except during scheduled events. Up to four (4) guests allQwed
at one time per day. The same guest may only be invited to use the facility 3
times unless approved by the board under special circumstances.
b. Non-members not invited as a guest may use the Archery and Clay Target
Ranges during public range hours. Public and non-public range hours are
posted at the clubhouse, on the web site (www.ackhunt.orq) and by calling the
clubs general phone number.
c. Anyone wishing to use any of the ranges must be qualified by the club to use
each specific type range. The Club considers an individual qualified when the
individual has presented to the club:
1. All State and Federal permits required for the desired activity.
2. Completion of a Club orientation class for the specific range to be used.
3. A signed Liability Waiver/Hold Harmless Agreement.
d. Anyone wishing to use a range as a solo shooter must also be a certified Range Safety
Officer.
e. Special authorization and check-in procedures may apply to members oflocallaw
enforcement organizations and members of the military using the facility for official
training purposes. (Procedure yet to be established).
35
Town of Nantucket
April 22, 2004
5.2 RANGE PROCEDURES
a. Overall range operation and maintenance is under control of the Range Committee. The
chairman reports to the Board of Directors and the Club Membership. Volunteer members
of the Club and the Club Manager operate the club under direction of current published
procedures and under authority from the Range Committee.
b. The Range Committee is responsible for the selection of facility managers, and training and
approval of club members to serve as Range Safety Officers (RSO'S). The Committee is
also responsible for hearing complaints and suggestions from RSO's and Range Users and
will make necessary amendments to the Operating rules and procedures.
c. RANGE opening procedures:
1) To be determined at completion of construction. Procedures to include detailed
step-by-step instruction on how to unlock and enter facility, turn on equipment, fill
out documentation, check in shooters and shut down & secure facility.
36
Town of Nantucket
April 22, 2004
5.2 TRAINING PROCEDURES
a. The Range Committee is responsible for the training and approval of club members to serve
as Range Safety Officers (RSO'S).
b. Chief Range Safety Officer's conduct the training to potential RSO's utilizing the National
Rifle Association Basic Range Safety Officer Course.
c. Upon successful completion of the NRA Basic Range Safety Officer Course, the trainee acts
as an assistant RSO on an active range under the supervision of a current RSO. The current
supervising RSO will sign off the trainee's training card once he/she feels the trainee is
comfortable performing the duties of a fully qualified RSO.
d. After a satisfactory review of the trainees training record, two or more of the Range
Committee members will sign-off as the final step. They will then issue the new RSO an RSO
hat, and vest to be worn while acting as an RSO.
e. An RSO who has not acted as an RSO for multiple shooters within the last 8 months will
loose hislher RSO rating and must re-certify.
f. The Range Committee may vote to remove any RSO from the active RSO list until voted
back on as an active RSO. This procedure is meant to correct any undesirable actions of the
RSO as observed by others and formally reported to the Committee. An example would be an
unpleasant attitude toward others. Any violation of the gun handling or range rules is an
automatic removal from the active list and re-certification is required.
37
Town of Nantucket
April 22, 2004
5.3 Building & Grounds Maintenance Procedures
a. The Range Committee is responsible for the maintenance of the entire shooting facility. It is
essential that all users of the facility do their part in keeping the facility clean, organized and
preserve equipment life by following all facility rules and procedures.
b. All problems with the facility should be reported to the staff on duty. The staff will record
problems in the daily log and fill out a trouble report. Simple problems will be addressed by
the staff on duty to the best of their ability. All trouble reports will be filed for review by a
committee member.
c. Daily Inspections:
Maintenance Inspections to be established at time of construction.
d. Weekly Inspections:
Maintenance Inspections to be established at time of construction.
e. Monthly Inspections:
Maintenance Inspections to be established at time of construction.
f. Annual Inspections:
a. Safety and Operations Manual Review by Committee
b. Other Inspections to be determined.
38
Town of Nantucket
April 22, 2004
5.4 Environmental Procedures
a. An Environmental Stewardship Plan exists as a separate document to manage the facility
grounds and surrounding land to help maintain the balance of Nantucket's wildlife and preserve
various habitats essential to the existence of many species of plant and fauna.
b. The entire layout of the shooting facility is planned to have a small impact on the
surrounding natural environment. In some areas ofthe facility, habitat improvement projects are
in place to foster the growth of specific species of plants normally crowded out by natural
overgrowth.
39
Town of Nantucket
April 22, 2004
SECTION 6
EMERGENCY PROCEDURES
This section contains important information that can be used in emergency situations while in
and around the facility. The information is written in a format that can be duplicated as separate
documents to be posted in and around the facility.
PART 1:
EMERGENCY CONTACTS
PART 2:
EV ACUATION PLANS
PART 3:
FIRST AID STATIONS
PART 4:
STAFF RESPONSIBILITIES
40
@
-I
0"
:E-1"
C-
c:::
I
TOWN OF NANTUCKET ~~:,
r
BOARD OF APPEALSi
NANTUCKE T, MA 02554
---
0\
;:;:.
00
U1
-J
WITHDRAWAL FORM
File No. OS ~ - Of
Map _ Parcel
APPLlCANT(S). ~ 1l\~'W- ~~ Alli< h~""
UPON THE REQUEST OF THE APPLICANT(S) MADE:
PRIOR TO
f:,
AFTER
PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED
APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS:
ACKNOWLEDGE AS A MATTER
RIGHT AND WITHOUT PREJUDICE
APPROVE WITHOUT PREJUDICE
APPROVE, BUT WITH PREJUDICE
THE WITHDRAWAL:
-X- IN FULL OF THE SAID
APPLICATION
OF SO MUCH OF SAID
APPLICATION AS:
DATED:
2 Fairgrounds Road Nant ket Massachusetts 02554
508-228-7215 telephone 508-228-7298 facsimile