HomeMy WebLinkAbout04092007 Town Meeting AgendaThe following citizen petition articles were submitted for the 2007 Annual Town
Meeting.
Citizen petition articles will be printed as submitted by the petitioners and may
contain typographical and other errors.
The articles will be numbered and ordered in the final warrant to be adopted by
the Board of Selectmen.
ARTICLE
(Town Sewer District Map Change)
To see if the Town will vote to:
Grant to Allen Comeau Sewer Hook-Up on 9 Comeau Lane from Sandra Comeau
7 Comeau Lane.
(Catherine Ernsberger, et al)
ARTICLE
(Bylaw Amendment: Noise)
To see if the Town will vote to make the following changes to Chapter 101
(Noise) of the Code of the Town on Nantucket:
§ 101-1 Prohibited activities; violations and penalties.
A. It shall be unlawful for any person or persons, between the hours of
10:00 pm and 7:30 7:00 am
B. It shall be unlawful for any person or persons, between the hours of
10:00 pm and 7:30 7:00 am.
§ 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 snow blowers, before
7:30 7:00 a.m. Monday through Saturday and before 10:00 a.m.
Sunday…
D. Radios, television sets, musical instruments and similar devices. It
shall be unlawful to operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device which produces, reproduces or
amplifies sound between the hours of 10:00 p.m. and 7:30 7:00
a.m. in such a manner as to create a noise disturbance across a
real property boundary.
§ 101-4 Noise tables.
A. Table I: Limiting Noise Level for Use Districts.
(1) For the purpose of this table, “day” shall be defined as 7:30
7:00 a.m. to 10:00 p.m., and “night” shall be defined as 10:00
p.m. to 7:30 7:00 a.m.
(James Lydon, et al)
ARTICLE
(Zoning Bylaw Amendment: Permitted Uses)
To see if the Town of Nantucket will vote to amend the Zoning by-law §
139-7 by changing the language in section A.2 “Permitted Uses,” by deleting the
stricken text and adding the parenthetical text as shown below; and adding
section A.2 j. as shown below:
A.2. One detached building constituting a secondary dwelling.
The principal purpose of s (S)econdary dwellings is to create (shall only be
created to provide) housing opportunities through the provision of affordable
rental housing for year-round residents, including senior citizens, while affording
the owner of the primary residence with the opportunity to generate supplemental
income.
A.2.j. On an annual basis, by a date to be determined by the zoning enforcement
officer, the property owner of the secondary dwelling created after April 9, 2007
must submit a completed form to the zoning enforcement officer as evidence that
said secondary dwelling is occupied by year-round residents(s). The annual form
shall be distributed in a manner to be determined by the Town Administrator.
Failure to provide such form shall constitute a violation of this section and may be
enforced pursuant to 139-25.
(Barbara Gookin, et al)
ARTICLE
(Home Rule Petition: Community Preservation Act)
To see if the Town of Nantucket will vote to amend the Community
Preservation Committee law (MGL c. 44B, §§ 3-7) as adopted by the Town of
Nantucket in April 2001, by changing the language in section six by deleting the
stricken text and adding the parenthetical text, as shown below;
Section 6. In every fiscal year and upon the recommendation of the community
preservation committee, the legislative body shall spend, or set aside for later
spending, not less than 10 per cent of the annual revenues in the Community
Preservation Fund for open space, but not including land for recreational use, not
less than 10 per cent of the annual revenues for historic resources and not less
than 10 (80) per cent of the annual revenues for community housing.
(Barbara Gookin, et al)
ARTICLE
(Zoning Bylaw Amendment: Mixed Income Residential Developments)
To see if the Town will vote to amend Section 139-7I of the Nantucket
Zoning Bylaw by changing the year stated in Section 139-7I (17) from “2007” to
“2009”.
(C. Richard Loftin, et al)
ARTICLE
(Appropriation: Community Preservation Committee)
To see if the Town will vote to act on the report of the Community
Preservation Committee on the Fiscal Year 2008 Community Preservation
Budget and to appropriate or reserve for later appropriation monies from
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
Open Space Conservation
Nantucket Conservation Foundation
University of Massachusetts Field Station Purchase
$300,000
Nantucket Land Council, Inc.
270 Pristine Acres from Madaket Rd. to Eel Point Rd.
(Conservation Restriction)
$300,000
Prospect Hill Cemetery Association
Preservation & Restoration of E.B. Lewis Cemetery $25,000
Nantucket Park and Recreation Commission
Tom Nevers Swing Set $2,200
Skate Board Park Phase IV – In Ground Portion $150,000
Youth Fields, West $400,000
Subtotal
1,177,200
Community Housing
Board of Selectmen, Town of Nantucket
2 Fairgrounds Road Housing $75,000
Nantucket Housing Office
Scattered Site Community Housing Rental Program:
Housing Recycling
$175,000
Nantucket Housing Office – Year Six $155,000
Subtotal $450,000
Historic Resources
Artist’s Association of Nantucket
AAN Permanent Collection Archiving & Restoration $7,830
Cemetery Commission Workgroup, Town of Nantucket
Nantucket Cemeteries Restoration Project – Phase I $61,500
First Congregational Church of Nantucket
First Congregational Church Preservation Project $300,000
Nantucket Historical Association
Greater Light Residence Restoration Project $400,000
Nantucket Preservation Trust
Nantucket National Historic Landmark District Update $85,000
Purpose Amount
Two Center Street Restoration Project, Inc.
Restoration of the Historic Methodist Church Building $160,000
Sconset Trust, Inc.
Preservation of Sankaty Head Lighthouse $300,000
Subtotal
$1,314,330
Administrative
Community Preservation Committee
Administrative and Operating Expenses $93,211
Subtotal $93,211
TOTAL $3,034,741
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY2008 Community
Preservation Surcharge
$1,526,000
From State matching funds for FY2007, to be received in
FY 2008
$1,350,000
From undesignated reserve fund balance $158,741
Total Revenues $3,034,741
for Fiscal Year 2008 Community Preservation Purposes with each item
considered a separate appropriation to be spent by the Community Preservation
Committee.
Provided, however, that the above expenditures are conditional upon the
recording of appropriate historic preservation restrictions for historic resources;
open space restrictions for open space 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 L. Beaugrand, et al)
ARTICLE
(Home Rule Petition: Nantucket Islands Land Bank)
To see if the Town will vote to request its representatives in the General
Court to introduce legislation seeking to amend the current Land Bank Act to
provide that 25% of all funds collected each year be allocated for the purpose of
affordable housing on Nantucket; and further to allow that certain Land Bank
lands may be used for such housing as approved by Town Meeting, and to
authorize the General Court with the approval of the Board of Selectmen to make
constructive changes in perfecting the language of this proposed legislation in
order to secure passage.
(Curtis L. Barnes, et al)
ARTICLE
(Real Estate Conveyance)
To see if the Town will vote to settle the case concerning whether the
Town, acting through the Airport, owns the land underneath the house where the
Shaw family lives year-round, by accepting from the Shaw family a reasonable
payment in exchange for the Town’s Agreement for Judgment that Mr. Shaw
owns that land. The land is shown on Nantucket Assessor’s Map 88 as Parcel 23
and is known as 58 Madequecham Valley Road.
(Eric Shaw, et al)
ARTICLE
(Bylaw Amendment: Town Collector and Town Treasurer/Tax Deferral for
Renovated Historic Properties)
To see if the Town will vote to amend §40 (Town Collector and Town
Treasurer) of the Code of the Town of Nantucket, as follows:
Section 40-4: TAX DEFERRAL FOR RENOVATED HISTORIC PROPERTIES
A. Creation of a Special Property Tax Assessment
A special property tax assessment is created for substantial rehabilitation of
owner-occupied residential properties or those properties subject to a
preservation restriction considered contributing or individually significant within
the Nantucket Historic District. The increase in assessed value resulting from
substantial rehabilitation of eligible properties shall beabated for a period of
seven (7) years, then returned to the full assessed value of the property. The
special assessment shall extend only to the building(s) or structure(s) that are
rehabilitated. The purpose of this section is to encourage appropriate
renovations tothe interiors and exteriors of historic buildings.
B. Eligible Properties
In order to be eligible for the special assessment property must meet the
following criteria:
a. The property to be rehabilitated must be occupied by the owner
exclusively for residential purposes, or be subject to a preservation restriction,
and be listed on the State Register which is maintained by the Massachusetts
Historical Commission (MHC) pursuant to M.G.L. Ch. 9, Section 26C, either
individually or as a contributing or individually significant element within an
historic district.
b. The cost of rehabilitation, as that term is defined in 950 C.M.R- 72.04,
must be no less than 15% of the assessed value of the property prior to
rehabilitation. Not less than 5% of the cost of rehabilitation shall be dedicated to
rehabilitation of the exterior of the historic building,
c. The property owner must present to the Assessor a certificate from the
MHC stating that the proposed rehabilitation meets the Secretary of the Interior's
Standards. The Nantucket Historical Commission may obtain this certification
from the MHC for the owner.
C. Application Process
(1) Property Owner: A property owner must submit an application, on a
Rehabilitation Eligibility form provided by the Assessor. The property owner is
responsible for the following information on the Rehabilitation Eligibility form:
(a) certification from the MHC that the rehabilitation as proposed
meets the Secretary of the Interior's Standards;
(b) proof of the applicant’s ownership and occupancy of the subject
property, or proof of a preservation restriction; and
(c) the total cost of certified rehabilitation, with cost breakdown for
interior and exterior structure rehabilitation.
(2) Assessors: Within 30 days of receipt of a completed Rehabilitation
Eligibility form, the Assessor shall determine whether the proposed rehabilitation
meets the eligibility criteria set forth in Section40-4B, and will notify the owner of
its decision via an Eligible Project Certificate.
(3) Property Owner: No later than two (2) years after completion of the
rehabilitation, the property owner shall provide to the Assessor a certification that
the completed work conforms with the proposed rehabilitation and meets the
Secretary of the Interior's Standards. The owner shall obtain such certification
from the MHC, or from the Nantucket Historical Commission, or from the holder of
a preservation restriction, as noted in section 40-4F.
(4) Assessors: The Assessor will grant final approval of the special
assessment upon receiptof the certification described above.
D. Effective Date of Special Assessment
The special assessment will take effect on the first day of the next fiscal year after
the completed work certification is received by the Assessors.
E. Time Limits
(1) An owner shall apply for the special assessment no later than two (2)
years after completion of the rehabilitation certified by the MHC.
(2) In order to be included in the total cost of rehabilitation as defined in
950 C.M.R. 72.04, all rehabilitation work mustbe completed within a three (3)
year period.
F. Other Provisions
The following provisions outline policies for ensuring that the owner who receives
the special assessment maintains the property in the manner intended by the
enabling legislation.
(1) An owner who applies for the special assessment shall agree in writing
to maintain the subject property in accordance with the Secretary of the Interior's
Standards for the duration of the special assessment. Failure to maintain the
property in accordance with theSecretary of the Interior’s Standards for the
agreed period of time shall result in revocation of the special assessment. The
property owner may agree to maintain the property with;
(a) A preservation restriction, including interior spaces
(b) An agreement with the Nantucket Historical Commission to have
the chair or their designee to review thestructure at the completion of the
seven year period
(2) In the event that the restriction holder or the Nantucket Historical
Commission informs the Assessor that the owner has failed to maintain the
subject property in accordance with the Secretary of the Interior’s Standards, the
Assessor shall notify the owner in writing and the owner shall have 30 days in
which to demonstrate that the property has been maintained in accordance with
the Secretary of the Interior's Standards or, if not, to remedy such failure.
(3) An owner who receives the special assessment shall annually, for the
duration of the special assessment,
(a) provide the Assessor with written certification that he or she still
owns and occupies the property which is the subject of the special
assessment, unless a preservation restriction has been placed on
the structure
prior to the work,
(b) provide the Assessor with certification from the MHC, or from
the Nantucket Historical Commission, that the property continues to
be in compliance with the Secretary of the Interior's Standards and
that the subject property is still listed on the State Register.
(4) The date of any of the following occurrences shall terminate the special
assessment:
(a) written notice from the owner to the Assessors requesting
removal of the special assessment;
(b) failure to provide certification of compliance with the Secretary of
the Interior's Standards;
(c) sale or transfer of ownership during the seven (7) year period,
except in the course of probate proceedings, or unless a
preservation restriction has been placed on the structure prior to the
work; or
(d) removal of the property from the local historic district.
(Aaron Marcavitch et al)
ARTICLE
(Acceptance of Massachusetts General Law/Call Firefighters Health Insurance)
To see if the Town will vote to accept the provisions of Chapter 46, Section
12 of the Acts of 2003, thereby including a member of the call fire department or
other volunteer emergency service agency serving the town within the definition
of “Employee” under M.G.L. c. 32B, Section 2 (d).
(Kenneth Gullicksen, et al)
ARTICLE
(Bylaw Amendment: Committees)
To see if the Town will vote to amend the Bylaws of the Town of
Nantucket, by inserting under Article V (Reserved) of Chapter 11 Committees,
the following:
“ARTICLE V Town Government Study Committee.
Section 11.18. Establishment, Membership:
In the year beginning 2010 and every five years thereafter, the Board of
Selectmen shall appoint a Town Government Study Committee consisting of
seven members for a term of one year.
Section 11.19 Function:
The committee shall review the structure of town government including the town
charter and bylaws and make recommendations to the town meeting concerning
amendments to the charter or bylaws or other recommendations it deems
advisable.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE
(Charter Amendment: Town Administrator)
To see if the Town will vote to amend the Charter for the Town of
Nantucket, Chapter 289 of the Acts of 1996, by adding a new section to Article VI
General Provisions to read as follows:
“Section 6.7 – Definitions: (a) The words “Town Administrator, Assistant
Town Administrator and ActingTown Administrator” shall mean “Town
Manager, Assistant Town Manager and Acting Town Manager” wherever
they appear in the Charter and the Town Clerk shall cause any reprinting
of the Charter to use the words “Town Manager, Assistant Town Manager
and Acting Town Manager in place of the words “Town Administrator,
Assistant Town Administrator and Acting Town Administrator, where ever
they appear in the Charter.”
or take any other action in relation thereto.
(Allen Reinhard et al)
ARTICLE
(Town Charter Amendment: Our Island Home Board of Directors, Personnel
Board)
To see if the Town will vote, as provided for under Section 6.5 of the
Charter, Chapter 289 of the Acts of 1996, to amend the Charter by deleting the
words “Our Island Home Board of Directors, Personnel Board (4 of 5 members),”
from the second paragraph under “Section 3.4 – Selectmen Powers as to
Appointments, (3).”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE
(Town Charter Amendment: Audit Committee)
To see if the Town will vote to amend the Charter for the Town of
Nantucket, Chapter 289 of the Acts of 1996, by striking, in its entirety, sub-
paragraph (c) of Section 3.5 Further Powers of the Selectmen, and inserting in its
place the following:
“(c) To establish and shall so establish a three member audit committee
whose duties shall include appointment of an outside audit firm, review of
the annual audit results and evaluation of the internal accounting
procedures and controls. The audit committee shall be composed of three
members each serving a term of one year. The committee will consist of
the Chairman of the Board of Selectmen, the Chairman of the Finance
Committee and one member of the Board of Selectmen appointed by the
Board of Selectmen; and the Board may further establish an advisory
committee to conduct any inquiry or investigation or to make planning,
policy or other recommendations.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE
(Town Charter Amendment: Appointments)
To see if the Town will vote, as provided for under Section 6.5 of the
Charter, Chapter 289 of the Acts of 1996, to amend the Charter as follows:
“In Section 3.4 – Selectmen Powers as to Appointments, sub section (a) (3)
second paragraph, delete the words “Disability Commission, Council on
Aging and Council on Human Services”
And further in Section 4.3 – Town Administrator Appointments – delete sub
section (b) in its entirety and insert in its place the following new sub
section (b) to read as follows: “shall appoint and may remove, for cause,
members of the following Town boards, councils, commissions and
committees: Commission on Disability, Council on Aging, Council on
Human Services and Cultural Council, such appointments being subject to
a resolution of disapproval by the Board of Selectmen pursuant to Section
3.4 (a) (4) and further the Town Administrator shall also appoint members
of other Town boards, councils, commissions and committees, but only to
the extent that the power of appointment of the Board of Selectmen under
Section 3.4 of this Charter to make such appointments is delegated by the
Board of Selectmen to the Town Administrator, such appointments being
subject to a resolution of disapproval by the Board of Selectmen pursuant
to Section 3.4 (a) (4).”
or take any other action in relation thereto.
(Allen Reinhard et al)
ARTICLE
(Town Charter Amendment: Employment)
To see if the Town will vote to amend the Charter for the Town of
Nantucket, Chapter 289 of the Acts of 1996, by inserting a new sub section to
Section 3.1 – Composition, Term of Office and Quorum, to read as follows:
“Section 3.1 (a) Prohibition.
A member of the Board of Selectmen shall not hold any town employment
requiring said employee to work twenty or more hours per week,
annualized, and for which a salary or other emolument is paid from the
town treasury.”
(Allen Reinhard, et al)
ARTICLE
(Town Charter Amendment: Shellfish and Harbor Advisory Board)
To see if the Town will vote to amend the Charter for the Town of
Nantucket, Chapter 289 of the Acts of 1996, and add a new article “Article IIIA
Boards, Commissions and Committees” and insert in said Article a new section
as follows:
“Section 3A-3 Shellfish and Harbor Advisory Board.
(a) Composition and Term of Office.
Not withstanding the provisions of Chapter 465 of the Acts of 1976, and
any amendments thereto, beginning with the annual town election in the
year following the year in which this amendment is adopted, there shall be
seven members of the shellfish and harbor advisory board, who shall be
residents of the Town of Nantucket, appointed by the board of selectmen
for terms of three years so arranged that as nearly an equal number of
terms as possible expire each year.
(b) Powers and Duties.
The shellfish and harbor advisory board shall have those powers and
duties described in Chapter 465 of the Acts of 1976 as amended.
(c) Transition
It is the intent of this provision that a transition from elected shellfish and
harbor advisory board members to appointed shellfish and harbor advisory
board members be phased in over a period of time so that as the term of
an elected incumbent expires the successor shall be appointed, and
should there be a sooner vacating of a previously elected shellfish and
harbor advisory board member, his or her successor shall be appointed.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE
(Town Charter Amendment: Historic District Commission)
To see if the Town will vote to amend the Charter for the Town of
Nantucket, Chapter 289 of the Acts of 1996, and add a new article “Article IIIA
Boards, Commissions and Committees” and insert in said Article a new section to
read as follows:
“Section 3A-2 Historic District Commission
(a) Composition and Term of Office.
Not withstanding the provisions of Section 3 of Chapter 395 of the Acts of
1970 and any amendments thereto, and beginning with the annual town
elections in the year following the year in which this amendment is
adopted, there shall be five unpaid members of the historic district
commission, who shall be residents of the Town of Nantucket, and who
shall be appointed by the board of selectmen for terms of three years so
arranged that as nearly an equal number of terms as possible expire each
year and further there shall be three unpaid associate members of the
historic district commission, who shall be residents of the Town of
Nantucket, and who shall be appointed by the board of selectmen for
terms of three yeas so arranged that one term expires each year.
(b) Powers and Duties.
The historic district commission shall have all those powers and duties
described in Chapter 395 of the Acts of 1970 as amended and known as
“An Act Establishing an Historic District Commission for the Town of
Nantucket and Establishing Nantucket Island as the Historic District”
(c) Transition
It is the intent of this provision that a transition from elected historic district
commission members to appointed historic district commission members
be phased in over a period of time so that as the term of an elected
incumbent expires the successor shall be appointed, and should there be
a sooner vacating of a previously elected historic district commission
member, his or her successor shall be appointed.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE
(Town Charter Amendment: Planning Board)
To see if the Town will vote to amend the Charter for the Town of
Nantucket, Chapter 289 of the Acts of 1996, and add a new article “Article IIIA
Boards, Commissions and Committees” and insert in said Article a new section
as follows:
“Section 3A-1 Planning Board.
(a) Composition and Term of Office.
Not withstanding the provisions of Chapter 41, Sections 70, 71 and 72, of
the general laws, accepted by Town Meeting in 1928, and beginning with
the annual town election in the year following the year in which this
amendment is adopted, there shall be five members of the planning board,
who shall be residents of the Town of Nantucket, appointed by the board
of selectmen for terms of five years so arranged that one term expires
each year, and three associate members of the planning board, who shall
be residents of the Town of Nantucket, appointed by the board of
selectmen for terms of three years so arranged that one term expires each
year.
(b) Powers and Duties.
The planning board shall have those powers and duties given to planning
boards under the constitution and general laws of the Commonwealth and
such additional powers and duties as may be authorized by the charter, by
bylaw, or by other vote of town meeting. The associate members of the
planning board are to serve in zoning matters as alternates in lieu of any
regular planning board member being unable to serve in said zoning
matter.
(c) Transition.
It is the intent of this provision that a transition from elected planning board
members to appointed planning board members be phased in over a
period of time so that as the term of an elected incumbent expires the
successor shall be appointed, and should there be a sooner vacating of a
previously elected planning board member, his or her successor shall be
appointed.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE
(Town Sewer District Map Change)
To see if the town will vote to amend the Town of Nantucket Sewer District
Map to include the following parcels of land into the Sewer District.
Address Map/Parcel Address Map/Parcel
69 Hummock Pond Road 56/320 84 Hummock Pond Road 56/116
71 Hummock Pond Road 56/320.1 86 Hummock Pond Road 56/117
76 Hummock Pond Road 56/123 87 Hummock Pond Road 56/310.1
77 Hummock Pond Road 56/311 89 Hummock Pond Road 56/120
78Hummock Pond Road 56/125 91 Hummock Pond Road 56/118
79 Hummock Pond Road 56/122 93 Hummock Pond Road 56/119
80 Hummock Pond Road 56/124 95 Hummock Pond Road 56/309
81 Hummock Pond Road 56/121 97 Hummock Pond Road 56/308
82 Hummock Pond Road 56/116.1 99 Hummock Pond Road 56/67.3
83 Hummock Pond Road 56/310.2
(Pauline Singleton, et al)
ARTICLE
(Town Sewer District Map Change)
To see if the Town will vote to amend Chapter 41 (Board of Sewer
Commissioners), Section 41-3A (Town Sewer District) of the code of the Town of
Nantucket Sewer District Map by adding the following parcels to the map.
Map and Parcel Address
80 178 28 South Shore road
80 177 32 South Shore road
80 118 36 South Shore road
80 117 42 South Shore road
80 62 35 South Shore road
80 (1.2A)64 33 South Shore road
80 296.4 29 South Shore road
80 296.3 29 South Shore road
80 296.2 29 South Shore road
80 296.1 29 South Shore road
80 297.1 25 South Shore road
80 300 4 Blueberry lane
80 301 6 Blueberry lane
80 302 8 Blueberry lane
80 174 2 Field Av
80 171 4 Field Av
80 170 6 Field Av
80 167 8 Field Av
80 164 10 Field Av
80 161 12 Field Av
80 158 14 Field Av
80 155 16 Field Av
80 159 11 Field Av
80 156 14 Foldger Av
80 157 13 Foldger Av
80 160 11 Foldger Av
80 162 10 Foldger Av
80 163 9 Foldger Av
80 165 8 Foldger Av
80 166 7 Foldger Av
80 168 6 Foldger Av
80 169 5 Foldger Av
80 172 4 Foldger Av
80 173 3 Foldger Av
80 175 2 Foldger Av
80 176 1 Foldger Av
(Brendon Hunt, et al)
ARTICLE
(Extension of Energy Study Committee)
To see if the Town of Nantucket will vote to extend the sunset date for the
Nantucket Energy Study Committee from April 2007 to April 2010, with five
members to be appointed by the Board of Selectman for a three year term.
(Barbara Gookin, et al)
2007 ANNUAL TOWN MEETING 2007
The following is a summary of the articles called, and the vote taken by the
2007 Annual Town Meeting held at the Nantucket High School, Mary P.
Walker Auditorium, 10 Surfside Road, on April 9, 2007.
Monday, April 9 – Meeting called to order at 7:14 PM. / Unanimous vote to
recess until Tuesday, April 10, 7 PM at 10:33 PM. There were 469 in
attendance.
Tuesday, April 10 – Meeting called to order at 7:11 PM. / Unanimous vote to
recess until Wednesday, April 11, 7 PM at 10:40 PM. There were 366 voters
in attendance.
Wednesday, April 11 – Meeting called to order at 7:13 PM. There were 295
voters in attendance. 2007 Annual Town Meeting was dissolved at 11:20
PM, on April 11, 2007.
Article 1: Receipt of Reports (Not Called) Adopted by Unanimous Voice
Vote
Article 2: Appropriation: Unpaid Bills (Not Called) Adopted by Unanimous
Voice Vote
Article 3: Appropriation: Prior Year Articles (Not Called) Adopted by
Unanimous Voice Vote
Article 4: Revolving Accounts: Annual Authorization (Not Called) Adopted
by Unanimous Voice Vote
Article 5: Appropriation: Reserve Fund (Not Called) Adopted by
Unanimous Voice Vote
Article 6: FY 2007 Budget Transfers (Not Called) Adopted by Unanimous
Voice Vote
Article 7: Personnel Compensation Plans for FY 2008 (Not Called) Adopted
by Unanimous Voice Vote
Article 8: Appropriation: FY 2008 Operating Budget (Not Called) Adopted
by Unanimous Voice Vote
Article 9: Appropriation: Health and Human Services (Called) Adopted by
Unanimous Voice Vote
Article 10: Appropriation: General Fund Capital Expenditures (Not Called)
Adopted by Unanimous Voice Vote
Article 11: Appropriation: Enterprise Funds Operation (Not Called) Adopted
by Unanimous Voice Vote
Article 12: Appropriation: Enterprise Funds Capital Expenditures (Called)
Adopted by Declared 2/3 Majority Voice Vote.
Article 13: Enterprise Funds: Fiscal Year 2007 Budget Transfers (Called,
Call Withdrawn) Adopted by Unanimous Voice Vote
Article 14: Appropriation: County Assessment (Not Called) Adopted by
Unanimous Voice Vote
Article 15: Appropriation: Finalizing Fiscal Year 2008 County Budget (Not
Called) Not Adopted by Unanimous Voice Vote
Article 16: Rescind Unused Borrowing Authority (Not Called) Adopted by
Unanimous Voice Vote
Article 17: Appropriation: Ferry Embarkation Fee (Not Called) Not
Adopted by Unanimous Voice Vote
Article 18: Appropriation: Collective Bargaining Agreement/Our Island
Home (Not Called) Not Adopted by Unanimous Voice Vote
Article 19: Appropriation: Collective Bargaining Agreement/Airport Union
(Not Called) Not Adopted by Unanimous Voice Vote
Article 20: Appropriation: Collective Bargaining Agreement/Wannacomet
Water Union (Not Called) Adopted by Unanimous Voice Vote
Article 21: Community Preservation Committee/Beaugrand (Not Called)
Not Adopted by Unanimous Voice Vote
Article 22: Community Preservation Committee (Not Called) Adopted by
Unanimous Voice Vote
Article 23: Appropriation: Municipal Electric Aggregate (Called) Adopted
by Unanimous Voice Vote
Article 24: Land Bank Financing (Called, Call Withdrawn) Adopted by
Declared 2/3 Majority Voice Vote
Article 25: Zoning Bylaw Amendment: Establishment of Harbor Overlay
District (Not Called) Referred Back to Committee
Article 26: Zoning Bylaw Amendment: Harbor Overlay District – Nantucket
Harbor (Not Called) Referred Back to Committee
Article 27: Zoning Bylaw Amendment: Madaket Harbor (Not Called)
Referred Back to Committee
Article 28: Zoning Bylaw Amendment: Island Perimeter Restrictions
(Called) Adopted by Declared 2/3 Majority Voice Vote.
Article 29: Zoning Bylaw Amendment: Permitted Uses (Called) Not Adopted
by Majority Voice Vote
Article 30: Zoning: Alteration of Town and Country Designations/Vicinity of
Polpis Road and Monomoy Road (Not Called) Adopted by Unanimous
Voice Vote
Article 31: Zoning Map Change: 3M Subdivision/Doc Ryder Drive, Hatch
Circle, etc. (Called) Adopted by 2/3 Majority Voice Vote
Article 32: Zoning Map Change: 3M Subdivision/Farm View Drive and Golf
View Drive (Called) Adopted by 2/3 Majority Voice Vote
Article 33: Zoning Map Change: Miacomet Ave. (Called) Adopted by
Handcount Vote: YES – 276; NO – 43 (2/3 = 211)
Article 34: Zoning Map Change: Otokomi Road/Technical Correction
(Called) Adopted by Declared 2/3 Majority Voice Vote
Article 35: Zoning Map Change: Miacomet Ave. and Otokomi
Road/Technical Correction (Called) Adopted by Unanimous Voice Vote
Article 36: Zoning Map Change: Miacomet Ave. (Called) Adopted by 2/3
Majority Voice Vote
Article 37: Zoning Bylaw Amendment: Residential Parking (Called)
Adopted by 2/3 Majority Voice Vote
Article 38: Zoning Bylaw Amendment: Intensity Regulations (Not Called)
Adopted as Amended Planning Board by Unanimous Voice Vote
Article 39: Zoning Bylaw Amendment: Residential Districts (Not Called)
Adopted by Unanimous Voice Vote
Article 40: Zoning Bylaw Amendment: Mixed Income Residential
Developments (Called) Adopted Motion to Refer to Nantucket Housing
Office
Article 41: Town Sewer District Map Change/Ernsberger (Not Called)
Adopted by Unanimous Voice Vote
Article 42: Town Sewer District Map Change/Singleton (Called) Not
Adopted by Majority Handcount Vote: YES – 102; NO - 222
Article 43: Town Sewer District Map Change/Hunt (Not Called) Adopted by
Unanimous Voice Vote
Article 44: Charter Amendment: Town Administration (Called) Adopted by
Declared 2/3 Majority Voice Vote
Article 45: Charter Amendment: Appointments (Called) Not Adopted by
Majority Voice Vote
Article 46: Charter Amendment: Employment (Called) Not Adopted by
Majority Handcount Vote: YES – 166; NO - 182
Article 47: Charter Amendment: Planning Board (Called) Not Adopted by
Majority Voice Vote
Article 48: Charter Amendment: Historic District Commission (Called) Not
Adopted by Majority Voice Vote
Article 49 Charter Amendment: Shellfish and Harbor Advisory Board
(Called) Not Adopted by Majority Voice Vote
Motion to recess until 7 PM, Wednesday, April 11, 2007, at 10:40 PM. We
will begin with Article 52.
Article 50 Charter Amendment: Audit Committee (Called, Call Withdrawn)
Adopted by Unanimous Voice Vote
Article 51: Charter Amendment: Our Island Home Board of Directors,
Personnel Board (Not Called) Adopted by Unanimous Voice Vote
Article 52: Bylaw Amendment: Committees (Called) Adopted by Majority
Voice Vote
Article 53: Bylaw Amendment: Board of Sewer Commissioners (Called,
Call Withdrawn) Not Adopted by Unanimous Voice Vote (verbiage amended
to Article 60)
Article 54: Bylaw Amendment: Noise/Lydon (Called) Adopted as amended
by Lydon by Majority Voice Vote
Article 55: Bylaw Amendment: Town Collector and Town Treasurer/Tax
Deferral for Renovated Historic Properties/Marcavitch (Not Called) Not
Adopted by Unanimous Voice Vote
Article 56: Extension of Energy Study Committee/Gookin (Called) Adopted
by Majority Voice Vote
Article 57: Acceptance of MGL C. 32, s. 4: Retirement Systems/Credible
Service (Not Called) Adopted by Unanimous Voice Vote
Article 58: Acceptance of MGL C. 46, s. 12/Call Firefighter Health
Insurance/Gullicksen (Called, Call Withdrawn) Not Adopted by Unanimous
Voice Vote
Article 59: Home Rule Petition: HDC (Called, Call Withdrawn) Referred to
HDC by Unanimous Voice Vote
Article 60: Home Rule Petition: Sewer Authority (Called) Adopted as
amended by FinCom/Gibbs/Wheatley/Reade by Majority Voice Vote
Article 61: Home Rule Petition: Land Bank Act Amendment (Not Called)
Adopted by Unanimous Voice Vote
Article 62: Community Preservation Act/Gookin (Called) Not Adopted by
Majority Voice Vote
Article 63: Home Rule Petition: Nantucket Islands Land Bank/Funds
(Called, Call Withdrawn) Not Adopted by Unanimous Voice Vote
Article 64: Home Rule Petition: Conveyance of Land by County (Not Called)
Adopted by Unanimous Voice Vote
Article 65: Home Rule Petition: Radio Monitor Site (Not Called) Adopted by
Unanimous Voice Vote
Article 66: Real Estate Conveyance/Eel Point Rd. (Not Called) Adopted by
Unanimous Voice Vote
Article 67: Real Estate Acquisition/South Pasture (Not Called) Adopted by
Unanimous Voice Vote
Article 68: Real Estate Conveyance/South Pasture (Not Called) Adopted by
Unanimous Voice Vote
Article 69: Real Estate Acquisition/South Pasture (Not Called) Adopted by
Unanimous Voice Vote
Article 70: Home Rule Petition: Real Estate Conveyance/South Pasture
(Not Called) Adopted by Unanimous Voice Vote
Article 71: Real Estate Conveyance/Shaw (Called) Adopted as amended
by Vaughn by Unanimous Voice Vote.
Article 72: Real Estate Acquisition/Various Parcels (Called) Adopted by
Declared 2/3 Majority Voice Vote
Article 73: Real Estate Conveyance/Various Parcels (Called) Adopted by
Declared 2/3 Majority Voice Vote
Article 74: Real Estate Conveyance/9 New Jersey Ave. (Called) Adopted
by Declared 2/3 Majority Voice Vote
Article 75: Real Estate Conveyance/Weeweeder Pond Valley (Not Called)
Adopted by Unanimous Voice Vote
Article 76: Real Estate Disposition/Discontinuance of Ways (Not Called)
Adopted by Unanimous Voice Vote
Article 77: Real Estate Disposition/Restrictive Covenant (Not Called)
Adopted by Unanimous Voice Vote
Article 78: Real Estate Disposition/Grant of Easement (Not Called)
Adopted by Unanimous Voice Vote
Article 79: Appropriation: Stabilization Fund (Not Called) Adopted by
Unanimous Voice Vote
Article 80: Appropriation: Free Cash (Called, Call Withdrawn) Adopted by
Unanimous Voice Vote
All Uncalled Articles: 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 25, 26, 27, 30, 38, 39, 41, 43, 50, 51, 53, 55, 57, 58,
59, 61, 63, 64, 65, 66, 67, 68, 69, 70, 75, 76, 77, 78, 79, and 80.
Were voted as recommended, and/or amended by the Finance Committee,
or as recommended, and/or amended by the Planning Board, as printed in
the Warrant, with technical corrections brought forward during the course
of the Meeting, by Unanimous Voice Vote.
2007 Annual Town Meeting was dissolved at 11:20 PM, on April 11, 2007.
Rita Duce, Rachel Dowling, and Elizabeth Flanagan were among the
winners of the Glamorous Door Prizes which included 2 sets of DVD’s, 2
sets of Light Wedge Vision products, and a Spa candle package.
Time Keeper Extraordinaire Madeline Malenfant was awarded a certificate
for a chocolate cake.
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
WARRANT FOR
2007 ANNUAL TOWN MEETING
AND ELECTION
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
508-228-7255
www.nantucket-ma.gov
Page 1
2007 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 go to the
Nantucket High School at 10 Surfside Road in said Nantucket, on
TUESDAY, THE THIRD DAY OF APRIL, 2007
BETWEEN THE HOURS OF 7:00 AM and 8:00 PM
for the following purpose:
To cast their votes in the Annual Town Election for the election of candidates for the following
offices:
Moderator .......................................................…..One for a term of one year
Town Clerk......................................................One for a term of three years
Selectman........................................................Two for terms of three years
Historic District Commission............................Two for terms of three years
Historic District Commission Associate..........One for a term of three years
School Committee ..........................................One for a term of three years
Nantucket Islands Land Bank Commission...... One for a term of five 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
Harbor & Shellfish Advisory Board ............... Three for terms of three years
*********************************************************************
In addition, you are 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,
MONDAY, APRIL 9, 2007 AT 7:00 PM,
THEN AND THERE TO ACT ON THE ARTICLES
CONTAINED WITH THE ENCLOSED WARRANT:
ARTICLE 1
(Receipt of Reports)
To receive the reports of various departments and committees as printed in the Fiscal
Year 2006 Annual Town Report or as may come before this meeting.
(Board of Selectmen)
ARTICLE 2
(Appropriation: Unpaid Bills)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute or transfer from available funds for the payment, pursuant to Chapter
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2007 Annual Town Meeting and Election Warrant
44, section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years,
including any bills now on overdraft.
(Board of Selectmen)
ARTICLE 3
(Appropriation: Prior Year Articles)
To see what sums the Town will vote to appropriate and transfer from available funds in
Articles voted in prior years.
(Board of Selectmen)
ARTICLE 4
(Revolving Accounts: Annual Authorization)
To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to
Chapter 44, section 53E½ of the Massachusetts General Laws for fiscal year 2008.
(Board of Selectmen)
ARTICLE 5
(Appropriation: Reserve Fund)
To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to
any applicable statute, or transfer from available funds, for the purposes of establishing a
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
2008; said sum not to exceed five (5) percent of the fiscal year 2008 tax levy.
(Board of Selectmen)
ARTICLE 6
(Fiscal Year 2007 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of the fiscal year
2007 operating budget from other line items of said budget and from other available funds.
(Board of Selectmen)
ARTICLE 7
(Personnel Compensation Plans for Fiscal Year 2008)
To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year
2008:
Schedule A -- Miscellaneous Compensation Schedule
Abatement Advisory Committee (yearly
per member) $600.00
Americans with Disabilities Act Facilitator
(hourly) 15.00
Building Inspector, Assistant (hourly) 30.00
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2007 Annual Town Meeting and Election Warrant
Dietician/Our Island Home (hourly) 33.00
Election Warden (hourly) 10.00 20.00
Election Worker (hourly) 8.50 15.00
EMT, Call (per hour) 15.00
Fire Captain, Call (yearly) 150.00
Fire Fighter, Call (per hour) 15.00
Fire Lieutenant, Call (yearly) 125.00
Fire Chief, Second Deputy (yearly) 5,000.00
Fire Chief, Third Deputy (yearly) 5,000.00
Plumbing Inspector, Assistant (hourly) 30.00
Registrar of Voters (yearly) 600.00
Registrar, Temporary Assistant (hourly) 10.00
Seasonal Shellfish Warden(s) (yearly) 300.00
Sheriff, Deputy (yearly) 3,500.00
Teen Center Staff (hourly) 11.00
Teen Center Staff/Second Year (hourly) 12.00
Temporary Employee various rates
of pay
Wiring Inspector, Assistant (hourly) 30.00
Veterans' Agent (hourly) 15.00
Schedule B -- Seasonal Employee Compensation Schedule
(Spring, Summer, Fall, Winter/Effective April 15, 2006- April 14, 2007)
Compensation Second Third Fourth
Level Start Season Season Season
A-Hourly* $12.50 $13.50 $14.50 $15.50
B-Hourly* $13.00 $14.00 $15.00 $16.00
C-Hourly* $14.00 $15.00 $16.00 $17.00
D-Hourly* $14.50 $15.50 $16.50 $17.50
E-Hourly* $16.50 $17.00 $17.50 $18.50
*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Dock Attendant, Information Aide, Matron
B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish
Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)
C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock
Worker
D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Attendant (Park
& Recreation), Laborer (Park & Recreation)
E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor
(Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park &
Recreation)
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2007 Annual Town Meeting and Election Warrant
Schedule C -- Scallop Season Compensation Schedule
$35.00/day to be paid to the full-time permanent shellfish warden(s) when scalloping activity is
taking place.
Schedule D -- Compensation Schedule for Elected Officials*
Moderator $150 per year
Selectman, Chair $5,000/per year
Selectmen $3,500/per year
Town Clerk $80,334
*Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded
from the Personnel Bylaw of the Town.
(Board of Selectmen)
ARTICLE 8
(Appropriation: Fiscal Year 2008 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 2008.
(Board of Selectmen)
ARTICLE 9
(Appropriation: Health and Human Services)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute, or transfer from available funds, for the Council for Human Services
to be used by the Council to contract with various health and human services, not-for-profit
corporations to provide for the health, safety and welfare of the inhabitants of the Town of
Nantucket; further, that all such sums be expended on the condition that contracts be executed
by and between the Board of Selectmen and the respective private, not-for-profit agency for
Fiscal Year 2008, which contracts shall stipulate mutually agreed upon terms and conditions.
(Board of Selectmen)
ARTICLE 10
(Appropriation: General Fund Capital Expenditures)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute or transfer from available funds, for the purposes of capital
expenditures for Fiscal Year 2008 for the offices, departments, boards and commissions of the
Town of Nantucket.
(Board of Selectmen)
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2007 Annual Town Meeting and Election Warrant
ARTICLE 11
(Appropriation: 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 following
Enterprise Funds of the Town of Nantucket for Fiscal Year 2008: Nantucket Memorial Airport,
Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid
Waste Enterprise, out of anticipated revenues of the designated funds, for the purposes set
forth above.
(Board of Selectmen for the Various Departments Indicated)
ARTICLE 12
(Appropriation: Enterprise Funds Capital Expenditures)
To see what sums the Town will vote to appropriate from the sources indicated below,
for the purposes of capital expenditures in Fiscal Year 2008 for the following Enterprise Funds
established under the jurisdiction of the Town of Nantucket: Nantucket Memorial Airport,
Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid
Waste Enterprise.
(Board of Selectmen for the Various Departments Indicated)
ARTICLE 13
(Enterprise Funds: Fiscal Year 2007 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of Fiscal Year
2007 Enterprise Fund operating budgets from other line items of said budgets and/or from
Enterprise Surplus Reserve Funds.
(Board of Selectmen)
ARTICLE 14
(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 2008, and to authorize the expenditure of these
funds for County purposes, all in accordance with the General Laws and in accordance with the
County Charter (Chapter 290, Acts of 1996), the sum of One Hundred Thousand Dollars
($100,000).
(Board of Selectmen/County Commissioners)
ARTICLE 15
(Appropriation: Finalizing Fiscal Year 2008 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 2008 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
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2007 Annual Town Meeting and Election Warrant
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 c. 35, s. 32 of the General Laws of the
Commonwealth.
(Board of Selectmen/County Commissioners)
ARTICLE 16
(Rescind Unused Borrowing Authority)
To see what action the Town will vote to amend, appropriate or reappropriate,
transfer, modify, repeal or rescind unused borrowing authority authorized by previous town
meetings, or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 17
(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, s. 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 in relation thereto.
(Board of Selectmen)
ARTICLE 18
(Appropriation: Collective Bargaining Agreement/
Our Island Home)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
Year 2007 in a collective bargaining contract between the Town of Nantucket (represented by
the Board of Selectmen) and the Our Island Home union employees (represented by the
Service Employees International Union Local #1199) in accordance with Chapter 150E of the
General Laws of the Commonwealth, and to amend the Town’s classification and
compensation plan accordingly to reflect such contract, or take any other action in relation
thereto.
(Board of Selectmen)
ARTICLE 19
(Appropriation: Collective Bargaining Agreement/Airport)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
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2007 Annual Town Meeting and Election Warrant
Year 2008 in a collective bargaining contract between the Town of Nantucket (represented by
the Airport Commission) and the Airport union employees (represented by the Massachusetts
Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s
International Union of North America, Local 1060) in accordance with Chapter 150E of the
General Laws of the Commonwealth, and to amend the Town’s classification and
compensation plan accordingly to reflect such contract, or take any other action in relation
thereto.
(Board of Selectmen)
ARTICLE 20
(Appropriation: Collective Bargaining Agreement/Wannacomet Water)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
Year 2008 in a collective bargaining contract between the Town of Nantucket (represented by
the Nantucket Water Commission) and the Wannacomet Water union employees (represented
by the Utility Workers of America, AFL-CIO, Local Union #359) in accordance with Chapter
150E of the General Laws of the Commonwealth, and to amend the Town’s classification and
compensation plan accordingly to reflect such contract, or take any other action in relation
thereto.
(Board of Selectmen)
ARTICLE 21
(Appropriation: Community Preservation Committee)
To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2008 Community Preservation Budget and to appropriate or
reserve for later appropriation monies from 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
Open Space Conservation
Nantucket Conservation Foundation
University of Massachusetts Field Station Purchase $300,000
Nantucket Land Council, Inc.
270 Pristine Acres from Madaket Rd. to Eel Point Rd.
(Conservation Restriction)
$300,000
Prospect Hill Cemetery Association
Preservation & Restoration of E.B. Lewis Cemetery $25,000
Nantucket Park and Recreation Commission
Tom Nevers Swing Set $2,200
Skate Board Park Phase IV – In Ground Portion $150,000
Youth Fields, West $400,000
Subtotal
1,177,200
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2007 Annual Town Meeting and Election Warrant
Purpose Amount
Community Housing
Board of Selectmen, Town of Nantucket
2 Fairgrounds Road Housing $75,000
Nantucket Housing Office
Scattered Site Community Housing Rental Program: Housing Recycling
$175,000
Nantucket Housing Office – Year Six $155,000
Subtotal
$450,000
Historic Resources
Artist’s Association of Nantucket
AAN Permanent Collection Archiving & Restoration $7,830
Cemetery Commission Workgroup, Town of Nantucket
Nantucket Cemeteries Restoration Project – Phase I $61,500
First Congregational Church of Nantucket
First Congregational Church Preservation Project $300,000
Nantucket Historical Association
Greater Light Residence Restoration Project $400,000
Nantucket Preservation Trust
Nantucket National Historic Landmark District Update $85,000
Two Center Street Restoration Project, Inc.
Restoration of the Historic Methodist Church Building $160,000
Sconset Trust, Inc.
Preservation of Sankaty Head Lighthouse $300,000
Subtotal
$1,314,330
Administrative
Community Preservation Committee
Administrative and Operating Expenses $93,211
Subtotal
$93,211
TOTAL
$3,034,741
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY2008 Community Preservation Surcharge
$1,526,000
From State matching funds for FY2007, to be received in FY 2008
$1,350,000
From undesignated reserve fund balance $158,741
Total Revenues $3,034,741
for Fiscal Year 2008 Community Preservation Purposes with each item considered a
separate appropriation to be spent by the Community Preservation Committee.
Provided, however, that the above expenditures are conditional upon the recording of
appropriate historic preservation restrictions for historic resources; open space restrictions for
open space resources, and for affordable housing restrictions for community housing; running
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2007 Annual Town Meeting and Election Warrant
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 L. Beaugrand, et al)
ARTICLE 22
(Appropriation: Community Preservation Committee)
To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2008 Community Preservation Budget and to appropriate or
reserve for later appropriation monies from 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
Open Space Conservation
Nantucket Conservation Foundation
University of Massachusetts Field Station Purchase $300,000
Nantucket Land Council, Inc.
270 Pristine Acres from Madaket Rd. to Eel Point Rd.
(Conservation Restriction)
$300,000
Prospect Hill Cemetery Association
Preservation & Restoration of E.B. Lewis Cemetery $25,000
Nantucket Park and Recreation Commission
Tom Nevers Swing Set $2,200
Skate Board Park Phase IV – In Ground Portion $150,000
Youth Fields, West $400,000
Subtotal
1,177,200
Community Housing
Board of Selectmen, Town of Nantucket
2 Fairgrounds Road Housing $75,000
Nantucket Housing Office
Scattered Site Community Housing Rental Program: Housing Recycling
$175,000
Nantucket Housing Office – Year Six $155,000
Nantucket Interfaith Council
Nantucket Rental Assistance Program $45,000
Subtotal
$450,000
Historic Resources
Artist’s Association of Nantucket
AAN Permanent Collection Archiving & Restoration $7,830
Cemetery Commission Workgroup, Town of Nantucket
Nantucket Cemeteries Restoration Project – Phase I $61,500
First Congregational Church of Nantucket
First Congregational Church Preservation Project $300,000
Nantucket Historical Association
Greater Light Residence Restoration Project $400,000
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2007 Annual Town Meeting and Election Warrant
Purpose Amount
Nantucket Preservation Trust
Nantucket National Historic Landmark District Update $85,000
Two Center Street Restoration Project, Inc.
Restoration of the Historic Methodist Church Building $160,000
Sconset Trust, Inc.
Preservation of Sankaty Head Lighthouse $300,000
Subtotal
$1,314,330
Administrative
Community Preservation Committee
Administrative and Operating Expenses $93,211
Subtotal
$93,211
TOTAL
$3,034,741
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY2008 Community Preservation Surcharge
$1,526,000
From State matching funds for FY2007, to be received in FY 2008
$1,350,000
From undesignated reserve fund balance $158,741
Total Revenues $3,034,741
for Fiscal Year 2008 Community Preservation Purposes with each item considered a
separate appropriation to be spent by the Community Preservation Committee.
Provided, however, that the above expenditures are conditional upon the recording of
appropriate historic preservation restrictions for historic resources; open space restrictions for
open space resources, recreation 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.
(Board of Selectmen for Community Preservation Committee)
BOARD OF SELECTMEN COMMENT: The citizen petition submitted by the Community
Preservation Committee inadvertently omitted one item (Community Housing/Nantucket Rental
Assistance Program, $45,000). At the Committee’s request, the Board of Selectmen included
this corrected article.The totals did not change.
ARTICLE 23
(Appropriation: Municipal Electric Aggregate)
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 funding a
Nantucket municipal electric aggregate; and, to take any other action as may be relative
thereto.
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2007 Annual Town Meeting and Election Warrant
(Board of Selectmen for Energy Study Committee)
Board of Selectmen Comment: It is the intent of the Board that this appropriation, if approved
by Town Meeting, be contingent upon passage by ballot of an override referendum question
exempting the amount voted from the limitations of Proposition Two and One-half so-called.
ARTICLE 24
(Land Bank Financing)
To see if the Town will vote to pledge the full faith and credit of the Town pursuant to
Chapter 669 of the Acts of 1983, as amended, to secure the principal of and interest on bonds
or notes of the Nantucket Islands Land Bank to be issued (a) to finance the acquisition by
purchase, eminent domain or otherwise by the Land Bank Commission of land or interests in
land for the purposes of the Land Bank and (b) to fund any debt service reserve or reserves
that may be required in connection with such financing; provided that the amount of such
bonds or notes of the Land Bank guaranteed by the Town pursuant to any vote passed under
this article shall be in addition to amounts of Land Bank indebtedness that the Town has
previously agreed to guarantee; or, to take any other action as may be related thereto.
(Board of Selectmen for Nantucket Islands Land Bank Commission)
ARTICLE 25
(Zoning Bylaw Amendment: Establishment of Harbor Overlay (HOD) Zoning District)
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):
1. § 139-12. Overlay Districts Flood Hazard FHD, Public Well Recharge PWR, Multifamily
(MF), Neighborhood Employee Housing (NEHOD), Dormitory Overlay District (DOD), Country
Overlay District (COD) and Town Overlay District (TOD), Harbor Overlay District (HOD).
H. Harbor Overlay District (HOD).
(1) The Harbor Overlay District shall be located as depicted on the map entitled “Harbor
Overlay District,” dated December 29, 2006 incorporated by reference and made a part
hereof. The district as shown on said map shall be considered an overlay district to be
superimposed on the Zoning Map of Nantucket, Massachusetts.
(2) The purposes of the Harbor Overlay District are to ensure that (1) existing water-dependent
uses are not displaced by nonwater-dependent uses; (2) harbor waters and the immediate
shoreline and pier areas are dedicated to water-dependent uses; (3) commercial uses
allowed by the underlying district regulations are compatible with, support, or otherwise do
not interfere with water-dependent uses of the site; (4) visual access is maintained or
improved; (4) historic architectural working waterfront character is maintained and
enhanced; and (5) conversion of commercial space to residential use is limited.
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2007 Annual Town Meeting and Election Warrant
The purpose of the Harbor Overlay District shall be considered by the Planning Board or
Zoning Board of Appeals when reviewing an application for a proposed new use or a
modification or an expansion of a use subject to site plan approval or special permit.
(3) Uses allowed or permitted in this overlay district are the same as those uses allowed or
permitted in the underlying zones except as may be modified by the following:
(a) No new use or expansion of an existing use shall
(1) displace or significantly disrupt an existing water-dependent use with a nonwater-
dependent use;
(2) locate a nonwater-dependent use on shorefront land so as to unreasonably diminish
the capacity of the site to accommodate water-dependent use
(3) reduce existing public access.
(b) new residential uses allowed only on upper floors of new structures and not on pile-
supported structures over coastal waters or in structures within 25 feet of the mean high
water line.
(c) new uses or modifications of existing uses shall consist of or include the following water-
dependent uses and/or uses accessory to these water-dependent uses.
Recreational boating-related: berthing available for patronage by the general public on a
seasonal or transient basis; boat ramp or other public boating access facilities; boat
haul-out facilities; boat repair and maintenance or waterfront facilities associated with
inland sites providing these services; launch service; fuel and pump-out services;
upland boat storage; services such as ice, laundry, bait, provisions; businesses such as
ship chandlery, fishing outfitter; parking.
Commercial fishing related: berthing; loading/unloading areas; gear storage facilities;
parking; seafood wholesaler, retail fish market.
Commercial charter boat: berthing, support facilities.
Waterfront public access and amenities (as an enhancement to all other uses, except
where water-dependent operations would present a safety concern): public restrooms,
seating.
Passenger and cargo ferry pier and facilities
4. On shorefront land, new structures for nonwater-dependent uses shall not be located within
25 feet of the mean high water line or cover more than 50 percent of the parcel.
5. The following uses are prohibited in the Harbor Overlay District:
Cruise ship terminals or support facilities and services
Personal watercraft rental
Recreational boat berths for long-term exclusive occupancy or whose use is contingent
upon ownership or occupancy of a residence or other nonwater-dependent facility.
2. §139-3E. Overlay districts.
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2007 Annual Town Meeting and Election Warrant
District Abbreviation
Public Wellhead Recharge PWR
Flood Hazard FHD
Multifamily MF
Neighborhood Employee NEHOD
Housing
Dormitory DOD
Country COD
Town TOD
Harbor HOD
3. §139-2. Definitions and word usage.
Water-dependent Use — Uses and facilities that require direct access to or location in coastal
waters and which therefore cannot be located inland, including uses that provide general public
access to those waters.
Or, to take any other action as may be related thereto.
(Board of Selectmen)
ARTICLE 26
(Zoning Map Change: Harbor Overlay District – Vicinity of Nantucket Harbor)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing
the following properties into the Harbor Overlay District:
MAP A B PARCEL NUMBER STREET
42 4 2 17 29 EASY ST
42 2 3 21 90 WASHINGTON ST
42 2 3 2 34 WASHINGTON ST
42 2 3 11 56 WASHINGTON ST
42 2 3 15 68 WASHINGTON ST
42 2 3 16 70 WASHINGTON ST
42 2 3 1 32 WASHINGTON ST
42 2 3 3 36 WASHINGTON ST
42 2 3 4 38 WASHINGTON ST
42 2 3 5 40 WASHINGTON ST
42 2 3 6 42 WASHINGTON ST
42 2 3 7 44 WASHINGTON ST
42 2 3 9 54 WASHINGTON ST
42 2 3 38 60 WASHINGTON ST
42 2 3 14 66 WASHINGTON ST
42 2 3 17 72 WASHINGTON ST
42 2 3 18 74 WASHINGTON ST
42 2 3 19 76 WASHINGTON ST
42 2 3 20 80B WASHINGTON ST
42 2 3 22 92 WASHINGTON ST
42 2 4 1 STRAIGHT WF
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2007 Annual Town Meeting and Election Warrant
MAP A B PARCEL NUMBER STREET
42 2 4 15 STRAIGHT WF
42 2 4 9 15 COMMERCIAL WF
42 2 4 10 13 COMMERCIAL WF
42 2 4 6 21 COMMERCIAL WF
42 2 4 7 17 COMMERCIAL WF
42 2 4 4 25 COMMERCIAL WF
42 2 4 5 23 COMMERCIAL WF
42 2 4 8 NEW WHALE ST
42 2 4 2 OLD SOUTH WF
42 2 4 14 11 NEW WHALE ST
42 2 4 11 12 NEW WHALE ST
42 2 4 3 29 COMMERCIAL WF
42 3 1 24
42 3 1 82 7 OLD NORTH WF
42 3 1 136 6 STRAIGHT WF
42 3 1 135 2 STRAIGHT WF
42 3 1 257 24 OLD NORTH WF
42 3 1 28 21 OLD NORTH WF
42 3 1 85 18 STILL DOCK
42 3 1 83 10 STILL DOCK
42 3 1 81 4 STILL DOCK
42 3 1 138 12 STRAIGHT WF
42 3 1 26 15 OLD NORTH WF
42 3 1 86 20 STRAIGHT WF
42 3 1 139 16 STRAIGHT WF
42 3 1 80 1 OLD NORTH WF
42 3 1 256 22 OLD NORTH WF
42 3 1 255 20 OLD NORTH WF
42 3 1 262 25 OLD NORTH WF
42 3 1 254 18 OLD NORTH WF
42 3 1 253 16 OLD NORTH WF
42 3 1 252 14 OLD NORTH WF
42 3 1 225 23 OLD NORTH WF
42 3 1 251 12 OLD NORTH WF
42 3 1 23 10 OLD NORTH WF
42 3 1 20
42 3 1 17 7 EASY ST
42 3 1 19 6 OLD NORTH WF
42 3 1 18 4 OLD NORTH WF
42 3 1 18 4 OLD NORTH WF
42 3 1 27 17 OLD NORTH WF
42 3 1 84 14B STILL DOCK
42 3 1 137 10 STRAIGHT WF
42 3 1 35 1 NEW WHALE ST
42 3 1 38 3 COMMERCIAL ST
42 3 2 23.3 30B WASHINGTON ST
42 3 2 22 24 WASHINGTON ST
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2007 Annual Town Meeting and Election Warrant
MAP A B PARCEL NUMBER STREET
42 3 2 23 26 WASHINGTON ST
42 3 2 23.1 28 WASHINGTON ST
42 3 2 23.2 30A WASHINGTON ST
42 4 1 22 46 EASTON ST
42 4 1 21 42 EASTON ST
42 4 1 23 50 EASTON ST
42 4 2 101 1 STEAMBOAT WF
42 4 2 20 21 EASY ST
42 4 2 18 27 EASY ST
42 4 2 13 27 STEAMBOAT WF
42 4 2 10 1 S BEACH ST
42 4 2 11 1 S BEACH ST
42 4 2 9 15 HARBOR VIEW WY
42 4 2 57 5 S BEACH ST
42 4 2 8 3 HARBOR VIEW WY
42 4 2 57.1 15 S BEACH ST
42 4 2 7 11 S BEACH ST
42 4 2 58 9 S BEACH ST
42 4 2 12 1 S BEACH ST
42 4 2 14 1 STEAMBOAT WF
42 4 2 15 13A WILLARD ST
42 4 2 16 31 EASY ST
55 1 4 8 96 WASHINGTON ST
All as shown on a map entitled “Proposed Harbor Overlay District in Nantucket Harbor,”
Appendix 2, Revised Nantucket & Madaket Harbors Action Plan, dated 29 December 2006 and
on file at the office of the Town Clerk; or, to take any other action as may be related thereto.
(Board of Selectmen)
ARTICLE 27
(Zoning Map Change: Harbor Overlay District – Vicinity of Madaket Harbor)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing
the following properties into the Harbor Overlay District:
MAP A B PARCEL NUMBER STREET
60 17 20 LITTLE NECK WY
59 4 2 MADAKET
38 15 20 N CAMBRIDGE ST
38 14 16 N CAMBRIDGE ST
All as shown on the map entitled “Proposed Overlay District in Madaket Harbor,” Appendix 2,
Revised Nantucket & Madaket Harbors Action Plan, dated 29 December 2006 and on file at the
office of the Town Clerk; or, to take any other action as may be related thereto.
(Board of Selectmen)
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2007 Annual Town Meeting and Election Warrant
ARTICLE 28
(Zoning Bylaw Amendment: Island Perimeter Restrictions)
To see if the Town will vote to amend Chapter 139 (Zoning), § 22 (Island perimeter
restrictions) 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):
§ 139-22. Island perimeter restrictions.
B. In all districts except the Residential Commercial District Except as otherwise provided
in paragraphs C, D and E of this Section 139-22, the construction of new docks and
piers and wharves, including extensions of new or enlarged docks, piers or wharves, the
extension of existing docks, piers or wharves, and the addition or creation of new
appurtenant structures (defined as floats or ramps) for existing docks, piers or wharves
is prohibited for shorefront land in all districts, except those docks, wharves and piers
approved by the Nantucket Conservation Commission in the former Residential
Commercial District as of April 30, 1992 April 11, 2005, and/or future docks, wharves
and piers of governmental or public entities. Nothing in this section 139-22 shall prohibit
nor regulate the repair, maintenance or replacement of any lawfully existing dock, pier or
wharf lawfully existing as of April 30, 1992, so long as such dock, pier or wharf is not
extended nor any new appurtenant structures are added thereto.
C. Temporary moratorium on new docks, piers, and wharves in the RC District.
Notwithstanding the provisions of Subsection B above, no new docks, piers, and
wharves, including extensions of new or enlarged docks, piers and wharves, the
extension of existing docks, piers or wharves, and the addition or creation of new
appurtenant structures (defined as floats or ramps) for existing docks, piers or wharves
shall be constructed in the RC District, except those docks, wharves and piers approved
by the Nantucket Conservation Commission as of April 11, 2005, and/or future docks,
wharves and piers of governmental or public entities. Nothing herein shall prohibit nor
regulate the repair, maintenance or replacement of any dock, pier or wharf lawfully
existing or permitted by the Nantucket Conservation Commission as of April 11, 2005,
so long as such dock, pier or wharf is not extended nor any new appurtenant structures
are added thereto. This moratorium shall remain in effect until December 31, 2006,
while the Town of Nantucket updates its Harbor Plans for both Nantucket and Madaket
Harbors.
In the Harbor Overlay District only, new docks, piers or wharves for commercial or
industrial water-dependent use and the extension and addition of new appurtenant
structures to any lawfully existing dock, pier or wharf for purposes of commercial or
industrial water-dependent uses are permitted uses.
D. Any proposed extension or reconfiguration of or addition or creation of new appurtenant
structures to a preexisting legally nonconforming dock, pier or wharf must be reviewed
and approved by the special permit granting authority in accordance with §139-33.A(4).
In addition to the findings required by that section, the special permit granting authority
shall find that the proposed extension, reconfiguration or addition does not result in a net
Page 17
2007 Annual Town Meeting and Election Warrant
increase of the structure’s existing footprint. Such applications shall be referred by the
special permit granting authority to the Department of Marine and Coastal Resources for
comment and recommendation in accordance with the procedures of §139-30.
E. In all districts new docks, wharves and piers of municipal, county, state, or federal
agencies or public docks as defined below, and/or community docks serving areas that
are not accessible by land-based transportation are permitted uses. The words ‘public
docks’ as used in this section shall be defined as ‘a dock, pier or wharf that is open to
the public at large, or at which services or goods for vessels are made available directly
to the public.
Or, to take any other action as may be related thereto.
(Board of Selectmen)
ARTICLE 29
(Zoning Bylaw Amendment: Permitted Uses)
To see if the Town of Nantucket will vote to amend the Zoning by-law § 139-7 by
changing the language in section A.2 “Permitted Uses,” by deleting the stricken text and
adding the parenthetical text as shown below; and adding section A.2 j. as shown below:
A.2. One detached building constituting a secondary dwelling.
The principal purpose of s (S)econdary dwellings is to create (shall only be created to provide)
housing opportunities through the provision of affordable rental housing for year-round
residents, including senior citizens, while affording the owner of the primary residence with the
opportunity to generate supplemental income.
A.2.j. On an annual basis, by a date to be determined by the zoning enforcement officer, the
property owner of the secondary dwelling created after April 9, 2007 must submit a completed
form to the zoning enforcement officer as evidence that said secondary dwelling is occupied by
year-round residents(s). The annual form shall be distributed in a manner to be determined by
the Town Administrator. Failure to provide such form shall constitute a violation of this section
and may be enforced pursuant to 139-25.
(Barbara Gookin, et al)
ARTICLE 30
(Zoning: Alteration of Town and Country Designations/Vicinity of Polpis Road and Monomoy
Road)
To see if the Town will vote to amend the map entitled “Town and Country Designations”
of the Town of Nantucket by placing the following properties currently located in the Town
Overlay District, in the Country Overlay District:
Map Parcel Number Street
55 68 1 Monomoy Road
54 47 8 Milestone Road
54 133 10 Milestone Road
54 132 12 Milestone Road
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2007 Annual Town Meeting and Election Warrant
Map Parcel Number Street
54 130.1 16B Milestone Road
54 130.2 16C Milestone Road
54 130.3 16D Milestone Road
54 130.4 16E Milestone Road
54 130.5 16F Milestone Road
54 130.6 16G Milestone Road
54 130.7 16H Milestone Road
54 130.8 16A Milestone Road
54 128 2 Polpis Road
54 129 2 Polpis Road
54 188 2 Polpis Road
54 189 2 Polpis Road
54 127 4 Polpis Road
54 187 4 Polpis Road
54 126 6 Polpis Road
54 125 8 Polpis Road
54 185 8 Polpis Road
54 124 10 Polpis Road
54 184 10 Polpis Road
54 123 12 Polpis Road
54 122 12 Polpis Road
54 183 12 Polpis Road
54 182 12 Polpis Road
54 48 1 Chatham Road
54 134 3 Chatham Road
54 135 3 Chatham Road
54 192 5 Chatham Road
54 232 4 Chatham Road
54 231 6 Chatham Road
54 230 8 Chatham Road
54 229 10 Chatham Road
54 228 12 Chatham Road
54 227 4 Sandwich Road
54 226 2 Sandwich Road
54 234 2 Sandwich Road
54 223 6 Sandwich Road
54 136 5 Monomoy Road
54 137 9 Monomoy Road
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2007 Annual Town Meeting and Election Warrant
Map Parcel Number Street
54 138 9 Monomoy Road
54 139 9 Monomoy Road
54 193 9 Monomoy Road
54 194 9 Monomoy Road
54 196 11 Monomoy Road
54 198 13 Monomoy Road
54 200 15 Monomoy Road
54 201 17 Monomoy Road
54 202 17 Monomoy Road
54 203 17 Monomoy Road
All as shown on a map entitled “Warrant Article 30, MGL 41-81D Master Plan, Town and
Country Overlay District Change: Vicinity of Monomoy Road” dated January, 2007 on file at the
office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 31
(Zoning Map Change: 3M Subdivision/Doc Ryder Drive, Hatch Circle, Henderson’s Drive,
Swayze’s Drive)
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-10 (R-10) district:
Map Parcel Number Street
66 222 98 Somerset Road
81 163 132 Somerset Road
66 149 118 Somerset Road
66 152 1 Swayze’s Drive
66 153 3 Swayze’s Drive
66 154 5 Swayze’s Drive
66 156 9 Swayze’s Drive
66 157 11 Swayze’s Drive
66 158 13 Swayze’s Drive
66 159 14 Swayze’s Drive
66 160 12 Swayze’s Drive
66 161 10 Swayze’s Drive
66 162 8 Swayze’s Drive
66 163 6 Swayze’s Drive
66 164 4 Swayze’s Drive
66 165 2 Swayze’s Drive
Page 20
2007 Annual Town Meeting and Election Warrant
Map Parcel Number Street
66 194 1 Hendersons Drive
66 195 3 Hendersons Drive
66 196 5 Hendersons Drive
66 197 7 Hendersons Drive
66 198 9 Hendersons Drive
66 199 11 Hendersons Drive
66 200 13 Hendersons Drive
66 201 12 Hendersons Drive
66 202 10 Hendersons Drive
66 203 8 Hendersons Drive
66 204 6 Hendersons Drive
66 205 4 Hendersons Drive
66 206 2 Hendersons Drive
66 207 108 Somerset Road
66 208 104 Somerset Road
66 209 1 Doc Ryder Drive
66 210 3 Doc Ryder Drive
66 211 5 Doc Ryder Drive
66 212 7 Doc Ryder Drive
66 213 9 Doc Ryder Drive
66 214 11 Doc Ryder Drive
66 215 13 Doc Ryder Drive
66 216 12 Doc Ryder Drive
66 217 10 Doc Ryder Drive
66 218 8 Doc Ryder Drive
66 219 6 Doc Ryder Drive
66 220 4 Doc Ryder Drive
66 221 2 Doc Ryder Drive
All as shown on a map entitled “Warrant Article: 31, MGL 41-81D Master Plan, Zoning Change:
3M Subdivision” dated January 2007 on file at the office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 21
2007 Annual Town Meeting and Election Warrant
ARTICLE 32
(Zoning Map Change: 3M Subdivision/Farm View Drive and Golf View Drive)
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-10 (R-10) district:
Map Parcel Number Street
66 148 3 Golf View Drive
66 166 5 Golf View Drive
66 167 7 Golf View Drive
66 168 9 Golf View Drive
66 169 11 Golf View Drive
66 170 13 Golf View Drive
66 171 15 Golf View Drive
66 172 17 Golf View Drive
66 173 19 Golf View Drive
66 174 21 Golf View Drive
66 175 23 Golf View Drive
66 176 2 Farm View Drive
66 177 1 Farm View Drive
66 178 3 Farm View Drive
66 179 5 Farm View Drive
66 180 7 Farm View Drive
66 181 9 Farm View Drive
66 182 11 Farm View Drive
66 183 10 Farm View Drive
66 184 24 Golf View Drive
66 185 22 Golf View Drive
66 186 20 Golf View Drive
66 187 18 Golf View Drive
66 188 16 Golf View Drive
66 189 14 Golf View Drive
66 190 12 Golf View Drive
66 191 10 Golf View Drive
66 192 8 Golf View Drive
66 193 4 Golf View Drive
All as shown on a map entitled “Warrant Article 32, MGL 41-81D Master Plan, Zoning Change:
3M Subdivision, Golf View Drive and Farm View Drive” dated January, 2007 on file at the office
of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 22
2007 Annual Town Meeting and Election Warrant
ARTICLE 33
(Zoning Map Change: Miacomet Avenue and Otokomi Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking
the following actions in regard to property on Miacomet Avenue by placing the following
properties, zoned both Residential Commercial-2 (RC-2) and Limited Use General-2 (LUG-2),
in the Residential-2 (R-2) district:
Map Parcel Number Street
67 83.1 54 Miacomet Ave
67 83.2 44 Miacomet Ave
67 83.3 42 Miacomet Ave
67 83.4 40 Miacomet Ave
67 83.5 38 Miacomet Ave
67 83.6 46 Miacomet Ave
67 83.7 48 Miacomet Ave
67 83.8 50 Miacomet Ave
67 83.9 52 Miacomet Ave
67 350 56 Miacomet Ave
67 351 58 Miacomet Ave
67 352 60 Miacomet Ave
67 353 62 Miacomet Ave
67 354 64 Miacomet Ave
67 355 66 Miacomet Ave
67 356 68 Miacomet Ave
All as shown on a map entitled “Warrant Article 33, MGL 41-81D Master Plan, Zoning Change:
Miacomet Avenue” dated January, 2007 on file at the office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 34
(Zoning Map Change: Miacomet Avenue and Otokomi Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking
the following actions in regard to property in the vicinity of Miacomet Avenue and Otokomi
Road by placing the following properties currently located in the Limited Use General (LUG-2)
district in the Residential Commercial-2 (RC-2) district:
Map Parcel Number Street
67 195.5 3 Otokomi Road
67 195.6 5 Otokomi Road
67 195.7 7 Otokomi Road
67 195.8 9 Otokomi Road
67 228.1 4 Valley View Drive
67 228.2 3 Valley View Drive
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2007 Annual Town Meeting and Election Warrant
Map Parcel Number Street
67 228.3 1 Valley View Drive
67 228.4 2 Valley View Drive
67 656 10 Celtic Drive
67 657 12 Celtic Drive
67 658 14 Celtic Drive
All as shown on a map entitled “Warrant Article 34, Technical Correction Zoning Change:
Miacomet Avenue/Otokomi Road” dated January, 2007 on file at the office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 35
(Zoning Map Change: Miacomet Avenue and Otokomi Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking
the following actions in regard to property in the vicinity of Miacomet Avenue and Otokomi
Road by placing the Limited Use General-2 (LUG-2) portions of the following properties in the
Residential Commercial-2 (RC-2) district:
Map Parcel Number Street
67 195.1 26 Miacomet Avenue
67 195.2 28 Miacomet Avenue
67 195.3 30 Miacomet Avenue
67 195.4 1 Otokomi Road
67 223.5 65.5 Surfside Road
67 227 22 Miacomet Avenue
67 228 24 Miacomet Avenue
67 488 20.5 Miacomet Avenue
67 555 71 Surfside Road
67 556 73 Surfside Road
67 655 8 Celtic Drive
67 659 5 Celtic Drive
All as shown on a map entitled “Warrant Article 35, Technical Correction Zoning Change:
Miacomet Avenue/Otokomi Road” dated January, 2007 on file at the office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 24
2007 Annual Town Meeting and Election Warrant
ARTICLE 36
(Zoning Map Change: Miacomet Avenue)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking
the following actions in regard to property on Miacomet Avenue by placing portions of the
following properties, zoned Limited Use General-2 (LUG-2), into the Residential-Commercial 2
(RC-2) district:
Map Parcel Number Street
66 126 80 Miacomet Ave.
66 122 90 Miacomet Ave.
81 5 94 Miacomet Ave.
81 4.2 98 Miacomet Ave.
81 159 100 Miacomet Ave.
81 3 102 Miacomet Ave.
81 158 104 Miacomet Ave.
66 65 95 Miacomet Ave.
All as shown on a map entitled “Warrant Article 36, Technical Correction Zoning Change:
Miacomet Avenue” dated January, 2007 on file at the office of the Town Clerk.
Or, to take any other action as may be related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 37
(Zoning Bylaw Amendment: Residential Parking)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 18, paragraph D 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 ):
D. Table of Parking Requirements.
Principal and Accessory Uses “A”
ROH/
SROH
LC RCDT RC R1/
SR1
RC2 R10/
SR10
R2/
SR2
LUG
1, 2,
3,
MMD
Single-
Family
Dwelling
[§ 139-
7A(1)]
1 1 1 1 1 2 2 2 2
Accessory
Apartment
(§ 139-7C)
1 1 1 1 1
Secondary
Dwelling
Unit
[§ 139-
1 1 1 .6/br .6.br
.75/br
.6/br
.75/br
.6/br
1.0/br
2
Page 25
2007 Annual Town Meeting and Election Warrant
7A(2)]**
*Other
Dwelling
Unit
1/d.u. 1/d.u. .30/br 1/d.u. 1/d.u. 1/d.u. 1/d.u. 1/d.u. 1/d.u.
Duplex
[§ 139-
8A(1)]
N/A .75/br N/A
.30/br
.75/br .75/br .75/br
1.0/br
.75/br
1.0/br
N/A N/A
Multi-
Family
(§ 139-8C)
N/A N/A .30/br 1/d.u.
.30/br
N/A .75/br
1.0/br
.75/br
1.0/br
N/A N/A
Studio
(§ 139-2
and 15)
1 1 1 1
Note: "d.u." shall mean "dwelling unit"; and "br" shall mean "bedroom" as
determined by the ZEO.
Notes:
*Includes nonconforming dwelling units in any district.
**For interpretation purposes, the secondary dwelling unit
shall be the unit with the lesser number of bedrooms and
shall not be related to the sequence of building.
Or, take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 38
(Zoning Bylaw Amendment: Intensity Regulations)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 16, paragraph A 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):
A. Except as expressly provided by § 139-33 of this chapter, no structure or building shall be
constructed or used, and no lot or parcel of land shall be built upon, improved or used,
and no lot shall be changed in size, shape, boundaries or frontage, unless in conformity
with the requirements set forth below:
Yard Setback
District Minimum Front Side/Rear Frontage Ground
Defined Lot Size (feet) (feet)** (feet)* Cover
in § 139-
3+
(square
feet) Ratio
LUG-1 40,000 35 10 100 7%
LUG-2 80,000 35 15 150 4%
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2007 Annual Town Meeting and Election Warrant
LUG-3 120,000 35 20 200 3%
R-1 5,000 10 5 1 50 30%
R-10 10,000 20 10 75 25%
SR-10 10,000 15 5 75 25%
R-2 20,000 30 10 75 12.50%
ROH 5,000 None 5 50 50%
RCDT 3,750 None Side: none
Rear: 5
35 75%
RC 5,000 None 5 1 40 50%
RC-2 5,000 10 5 1 40 50%
LC 5,000 None 5 40 50%
CMI 5,000 None 0 None 50 50%
CN 7,500 10 Side:5
Rear: 10
50 40%
CTEC 10,000 10 Side:5
Rear: 10
50 40%
CI 15,000 20 10 75 50%
MMD 10 acres 50 50 300 0.50%
NOTES:
See § 139-33E for nonconforming lots
1 For lots abutting two or more street 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 corner lots in the R-1 and RC-
2 Districts, side yard setbacks shall be where a minimum 10 feet foot side yard setback
shall be maintained from any other abutting street or way, whether constructed or not.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 39
(Zoning Bylaw Amendment: Residential Districts)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 7, paragraph D, section 5 as follows (NOTE: new language is shown as
highlighted text, language to be deleted is shown by strikeout; these methods to denote
changes are not meant to become part of the final text):
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2007 Annual Town Meeting and Election Warrant
(5) A nonprofit club or other nonprofit organization for operating Community recreational
facilities, including any buildings and uses ancillary to such recreational facilities, or for the
maintenance and management of conservation lands, provided they are not substantially
more detrimental to the neighborhood nor the environment than existing or permitted
alternative uses of the lot.
Or, to take any other action as may be relative thereto.
(Board of Selectmen for Planning Board)
ARTICLE 40
(Zoning Bylaw Amendment: Mixed Income Residential Developments)
To see if the Town will vote to amend Section 139-7I of the Nantucket Zoning Bylaw by
changing the year stated in Section 139-7I (17) from “2007” to “2009”.
(C. Richard Loftin, et al)
ARTICLE 41
(Town Sewer District Map Change)
To see if the Town will vote to:
Grant to Allen Comeau Sewer Hook-Up on 9 Comeau Lane from Sandra Comeau 7 Comeau
Lane.
(Catherine Ernsberger, et al)
ARTICLE 42
(Town Sewer District Map Change)
To see if the town will vote to amend the Town of Nantucket Sewer District Map to
include the following parcels of land into the Sewer District.
Address Map/Parcel
69 Hummock Pond Road 56/320
71 Hummock Pond Road 56/320.1
76 Hummock Pond Road 56/123
77 Hummock Pond Road 56/311
78Hummock Pond Road 56/125
79 Hummock Pond Road 56/122
80 Hummock Pond Road 56/124
81 Hummock Pond Road 56/121
82 Hummock Pond Road 56/116.1
83 Hummock Pond Road 56/310.2
84 Hummock Pond Road 56/116
86 Hummock Pond Road 56/117
87 Hummock Pond Road 56/310.1
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2007 Annual Town Meeting and Election Warrant
89 Hummock Pond Road 56/120
91 Hummock Pond Road 56/118
93 Hummock Pond Road 56/119
95 Hummock Pond Road 56/309
97 Hummock Pond Road 56/308
99 Hummock Pond Road 56/67.3
(Pauline Singleton, et al)
ARTICLE 43
(Town Sewer District Map Change)
To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners),
Section 41-3A (Town Sewer District) of the code of the Town of Nantucket Sewer District
Map by adding the following parcels to the map.
Map and Parcel Address
80 178 28 South Shore road
80 177 32 South Shore road
80 118 36 South Shore road
80 117 42 South Shore road
80 62 35 South Shore road
80 (1.2A)64 33 South Shore road
80 296.4 29 South Shore road
80 296.3 29 South Shore road
80 296.2 29 South Shore road
80 296.1 29 South Shore road
80 297.1 25 South Shore road
80 300 4 Blueberry lane
80 301 6 Blueberry lane
80 302 8 Blueberry lane
80 174 2 Field Av
80 171 4 Field Av
80 170 6 Field Av
80 167 8 Field Av
80 164 10 Field Av
80 161 12 Field Av
80 158 14 Field Av
80 155 16 Field Av
80 159 11 Field Av
80 156 14 Foldger Av
80 157 13 Foldger Av
80 160 11 Foldger Av
80 162 10 Foldger Av
80 163 9 Foldger Av
80 165 8 Foldger Av
80 166 7 Foldger Av
80 168 6 Foldger Av
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2007 Annual Town Meeting and Election Warrant
80 169 5 Foldger Av
80 172 4 Foldger Av
80 173 3 Foldger Av
80 175 2 Foldger Av
80 176 1 Foldger Av
(Brendon Hunt, et al)
ARTICLE 44
(Charter Amendment: Town Administrator)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, by adding a new section to Article VI General Provisions to read as
follows:
“Section 6.7 – Definitions: (a) The words “Town Administrator, Assistant Town
Administrator and ActingTown Administrator” shall mean “Town Manager, Assistant
Town Manager and Acting Town Manager” wherever they appear in the Charter and the
Town Clerk shall cause any reprinting of the Charter to use the words “Town Manager,
Assistant Town Manager and Acting Town Manager in place of the words “Town
Administrator, Assistant Town Administrator and Acting Town Administrator, where ever
they appear in the Charter.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE 45
(Town Charter Amendment: Appointments)
To see if the Town will vote, as provided for under Section 6.5 of the Charter, Chapter
289 of the Acts of 1996, to amend the Charter as follows:
“In Section 3.4 – Selectmen Powers as to Appointments, sub section (a) (3) second
paragraph, delete the words “Disability Commission, Council on Aging and Council on
Human Services”
And further in Section 4.3 – Town Administrator Appointments – delete sub section (b) in
its entirety and insert in its place the following new sub section (b) to read as follows:
“shall appoint and may remove, for cause, members of the following Town boards,
councils, commissions and committees: Commission on Disability, Council on Aging,
Council on Human Services and Cultural Council, such appointments being subject to a
resolution of disapproval by the Board of Selectmen pursuant to Section 3.4 (a) (4)
and further the Town Administrator shall also appoint members of other Town boards,
councils, commissions and committees, but only to the extent that the power of
appointment of the Board of Selectmen under Section 3.4 of this Charter to make such
appointments is delegated by the Board of Selectmen to the Town Administrator,
such appointments being subject to a resolution of disapproval by the Board of
Selectmen pursuant to Section 3.4 (a) (4).”
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2007 Annual Town Meeting and Election Warrant
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE 46
(Town Charter Amendment: Employment)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, by inserting a new sub section to Section 3.1 – Composition, Term of
Office and Quorum, to read as follows:
“Section 3.1 (a) Prohibition.
A member of the Board of Selectmen shall not hold any town employment requiring said
employee to work twenty or more hours per week, annualized, and for which a salary or
other emolument is paid from the town treasury.”
(Allen Reinhard, et al)
ARTICLE 47
(Town Charter Amendment: Planning Board)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, and add a new article “Article IIIA Boards, Commissions and
Committees” and insert in said Article a new section as follows:
“Section 3A-1 Planning Board.
(a) Composition and Term of Office.
Not withstanding the provisions of Chapter 41, Sections 70, 71 and 72, of the general
laws, accepted by Town Meeting in 1928, and beginning with the annual town election in
the year following the year in which this amendment is adopted, there shall be five
members of the planning board, who shall be residents of the Town of Nantucket,
appointed by the board of selectmen for terms of five years so arranged that one term
expires each year, and three associate members of the planning board, who shall be
residents of the Town of Nantucket, appointed by the board of selectmen for terms of
three years so arranged that one term expires each year.
(b) Powers and Duties.
The planning board shall have those powers and duties given to planning boards under
the constitution and general laws of the Commonwealth and such additional powers and
duties as may be authorized by the charter, by bylaw, or by other vote of town meeting.
The associate members of the planning board are to serve in zoning matters as
alternates in lieu of any regular planning board member being unable to serve in said
zoning matter.
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2007 Annual Town Meeting and Election Warrant
(c) Transition.
It is the intent of this provision that a transition from elected planning board members to
appointed planning board members be phased in over a period of time so that as the
term of an elected incumbent expires the successor shall be appointed, and should
there be a sooner vacating of a previously elected planning board member, his or her
successor shall be appointed.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE 48
(Town Charter Amendment: Historic District Commission)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, and add a new article “Article IIIA Boards, Commissions and
Committees” and insert in said Article a new section to read as follows:
“Section 3A-2 Historic District Commission
(a) Composition and Term of Office.
Not withstanding the provisions of Section 3 of Chapter 395 of the Acts of 1970 and any
amendments thereto, and beginning with the annual town elections in the year following
the year in which this amendment is adopted, there shall be five unpaid members of the
historic district commission, who shall be residents of the Town of Nantucket, and who
shall be appointed by the board of selectmen for terms of three years so arranged that
as nearly an equal number of terms as possible expire each year and further there shall
be three unpaid associate members of the historic district commission, who shall be
residents of the Town of Nantucket, and who shall be appointed by the board of
selectmen for terms of three yeas so arranged that one term expires each year.
(b) Powers and Duties.
The historic district commission shall have all those powers and duties described in
Chapter 395 of the Acts of 1970 as amended and known as “An Act Establishing a
Historic District Commission for the Town of Nantucket and Establishing Nantucket
Island as the Historic District”
(c) Transition
It is the intent of this provision that a transition from elected historic district commission
members to appointed historic district commission members be phased in over a period
of time so that as the term of an elected incumbent expires the successor shall be
appointed, and should there be a sooner vacating of a previously elected historic district
commission member, his or her successor shall be appointed.”
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2007 Annual Town Meeting and Election Warrant
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE 49
(Town Charter Amendment:
Shellfish and Harbor Advisory Board)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, and add a new article “Article IIIA Boards, Commissions and
Committees” and insert in said Article a new section as follows:
“Section 3A-3 Shellfish and Harbor Advisory Board.
(a) Composition and Term of Office.
Not withstanding the provisions of Chapter 465 of the Acts of 1976, and any
amendments thereto, beginning with the annual town election in the year following the
year in which this amendment is adopted, there shall be seven members of the shellfish
and harbor advisory board, who shall be residents of the Town of Nantucket, appointed
by the board of selectmen for terms of three years so arranged that as nearly an equal
number of terms as possible expire each year.
(b) Powers and Duties.
The shellfish and harbor advisory board shall have those powers and duties described
in Chapter 465 of the Acts of 1976 as amended.
(c) Transition
It is the intent of this provision that a transition from elected shellfish and harbor advisory
board members to appointed shellfish and harbor advisory board members be phased in
over a period of time so that as the term of an elected incumbent expires the successor
shall be appointed, and should there be a sooner vacating of a previously elected
shellfish and harbor advisory board member, his or her successor shall be appointed.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE 50
(Town Charter Amendment: Audit Committee)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, by striking, in its entirety, sub-paragraph (c) of Section 3.5 Further
Powers of the Selectmen, and inserting in its place the following:
“(c) To establish and shall so establish a three member audit committee whose duties
shall include appointment of an outside audit firm, review of the annual audit results and
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2007 Annual Town Meeting and Election Warrant
evaluation of the internal accounting procedures and controls. The audit committee shall
be composed of three members each serving a term of one year. The committee will
consist of the Chairman of the Board of Selectmen, the Chairman of the Finance
Committee and one member of the Board of Selectmen appointed by the Board of
Selectmen; and the Board may further establish an advisory committee to conduct any
inquiry or investigation or to make planning, policy or other recommendations.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE 51
(Town Charter Amendment: Our Island Home Board of Directors, Personnel Board)
To see if the Town will vote, as provided for under Section 6.5 of the Charter, Chapter
289 of the Acts of 1996, to amend the Charter by deleting the words “Our Island Home Board
of Directors, Personnel Board (4 of 5 members),” from the second paragraph under “Section
3.4 – Selectmen Powers as to Appointments, (3).”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE 52
(Bylaw Amendment: Committees)
To see if the Town will vote to amend the Bylaws of the Town of Nantucket, by inserting
under Article V (Reserved) of Chapter 11 Committees, the following:
“ARTICLE V Town Government Study Committee.
Section 11.18. Establishment, Membership:
In the year beginning 2010 and every five years thereafter, the Board of Selectmen shall
appoint a Town Government Study Committee consisting of seven members for a term of one
year.
Section 11.19 Function:
The committee shall review the structure of town government including the town charter and
bylaws and make recommendations to the town meeting concerning amendments to the
charter or bylaws or other recommendations it deems advisable.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
ARTICLE 53
(Bylaw Amendment: Board of Sewer Commissioners)
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2007 Annual Town Meeting and Election Warrant
To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners) 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 strike-out; these methods to denote changes are not
meant to become part of the final text):
§41-3. Sewer districts.
The Board of Sewer Commissioners is authorized to lay out, construct, maintain and operate a
system or systems of common sewers and main drains in public or private ways for a part of
the Town as set forth below for the public convenience or the public health with such
connections and other works as may be required for a system or systems of sewerage or
drainage and sewage treatment and disposal within the sewer districts set forth below. Such
works for sewage treatment and disposal may include any wastewater treatment facility for
treating, neutralizing or stabilizing sewage including treatment or disposal plants; the
necessary intercepting, outfall and outlet sewers, pumping stations integral to such facilities;
and equipment and appurtenances related to the foregoing. For the purposes of this chapter
the word “sewage” shall mean wastewater from homes, public buildings, commercial or
industrial establishments, or any combination thereof, and shall include any surface or ground
water that may be present therein. The following systems of common sewers and main drains
are hereby designated:
A. Town Sewer District: an area outlined in blue on a map entitled, "Comprehensive
Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT," with a summer
average daily flow capacity of 2,800,000 mgd, dated March 2004, or as shown in an
additional area outlined in blue on a supplemental map entitled “Article 14, October 19,
2004 Special Town Meeting Additions to the Town Sewer District dated as of September
15, 2004 Nantucket, Massachusetts,” which area is to be hereafter included in the Town
Sewer District, except the parcels outlined in magenta on Article 14 Supplemental Map 1
shall not be included in this district (on file in the office of the Board of Selectmen), within
which all sewage shall be collected, transported to, treated by and disposed from the
Surfside Wastewater Treatment Facility;
B. Siasconset Sewer District: an area outlined in blue on a map entitled, "Comprehensive
Wastewater Management Plan, (Proposed) SIASCONSET SEWER DISTRICT," with a
summer average daily flow capacity of 220,000 mgd, dated March 2004 (on file in the office
of the Board of Selectmen), within which all sewage shall be collected, transported to,
treated by and disposed from the Siasconset Wastewater Treatment Facility.
The Board is authorized to amend the Sewer Districts of the Town when such amendments are
tributary to the Surfside or Siasconset Wastewater Treatment Facilities, from a needs area(s) as
defined by the Town’s Comprehensive Wastewater Management Plan, without further action by
Town Meeting.
Or, to take any other action as may be related thereto.
(Board of Selectmen)
ARTICLE 54
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2007 Annual Town Meeting and Election Warrant
(Bylaw Amendment: Noise)
To see if the Town will vote to make the following changes to Chapter 101 (Noise) of the
Code of the Town on Nantucket:
§ 101-1 Prohibited activities; violations and penalties.
A. It shall be unlawful for any person or persons, between the hours of 10:00 pm
and 7:30 7:00 am
B. It shall be unlawful for any person or persons, between the hours of 10:00 pm
and 7:30 7:00 am.
§ 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
snow blowers, before 7:30 7:00 a.m. Monday through Saturday and before 10:00
a.m. Sunday…
D. Radios, television sets, musical instruments and similar devices. It shall be
unlawful to operate, play or permit the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier or similar
device which produces, reproduces or amplifies sound between the hours of
10:00 p.m. and 7:30 7:00 a.m. in such a manner as to create a noise disturbance
across a real property boundary.
§ 101-4 Noise tables.
A. Table I: Limiting Noise Level for Use Districts.
(1) For the purpose of this table, “day” shall be defined as 7:30 7:00 a.m. to
10:00 p.m., and “night” shall be defined as 10:00 p.m. to 7:30 7:00 a.m.
(James Lydon, et al)
ARTICLE 55
(Bylaw Amendment: Town Collector and Town Treasurer/Tax Deferral for Renovated Historic
Properties)
To see if the Town will vote to amend §40 (Town Collector and Town Treasurer) of the
Code of the Town of Nantucket, as follows:
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2007 Annual Town Meeting and Election Warrant
Section 40-4: TAX DEFERRAL FOR RENOVATED HISTORIC PROPERTIES
A. Creation of a Special Property Tax Assessment
A special property tax assessment is created for substantial rehabilitation of owner-occupied
residential properties or those properties subject to a preservation restriction considered
contributing or individually significant within the Nantucket Historic District. The increase in
assessed value resulting from substantial rehabilitation of eligible properties shall beabated for
a period of seven (7) years, then returned to the full assessed value of the property. The
special assessment shall extend only to the building(s) or structure(s) that are rehabilitated.
The purpose of this section is to encourage appropriate renovations tothe interiors and
exteriors of historic buildings.
B. Eligible Properties
In order to be eligible for the special assessment property must meet the following criteria:
a. The property to be rehabilitated must be occupied by the owner exclusively for
residential purposes, or be subject to a preservation restriction, and be listed on the State
Register which is maintained by the Massachusetts Historical Commission (MHC) pursuant to
M.G.L. Ch. 9, Section 26C, either individually or as a contributing or individually significant
element within an historic district.
b. The cost of rehabilitation, as that term is defined in 950 C.M.R- 72.04, must be no
less than 15% of the assessed value of the property prior to rehabilitation. Not less than 5% of
the cost of rehabilitation shall be dedicated to rehabilitation of the exterior of the historic
building,
c. The property owner must present to the Assessor a certificate from the MHC stating
that the proposed rehabilitation meets the Secretary of the Interior's Standards. The Nantucket
Historical Commission may obtain this certification from the MHC for the owner.
C. Application Process
(1) Property Owner: A property owner must submit an application, on a Rehabilitation
Eligibility form provided by the Assessor. The property owner is responsible for the following
information on the Rehabilitation Eligibility form:
(a) certification from the MHC that the rehabilitation as proposed meets the
Secretary of the Interior's Standards;
(b) proof of the applicant’s ownership and occupancy of the subject property, or
proof of a preservation restriction; and
(c) the total cost of certified rehabilitation, with cost breakdown for interior and
exterior structure rehabilitation.
(2) Assessors: Within 30 days of receipt of a completed Rehabilitation Eligibility form,
the Assessor shall determine whether the proposed rehabilitation meets the eligibility criteria
set forth in Section40-4B, and will notify the owner of its decision via an Eligible Project
Certificate.
(3) Property Owner: No later than two (2) years after completion of the rehabilitation, the
property owner shall provide to the Assessor a certification that the completed work conforms
with the proposed rehabilitation and meets the Secretary of the Interior's Standards. The owner
shall obtain such certification from the MHC, or from the Nantucket Historical Commission, or
from the holder of a preservation restriction, as noted in section 40-4F.
(4) Assessors: The Assessor will grant final approval of the special assessment upon
receiptof the certification described above.
D. Effective Date of Special Assessment
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2007 Annual Town Meeting and Election Warrant
The special assessment will take effect on the first day of the next fiscal year after the
completed work certification is received by the Assessors.
E. Time Limits
(1) An owner shall apply for the special assessment no later than two (2) years after
completion of the rehabilitation certified by the MHC.
(2) In order to be included in the total cost of rehabilitation as defined in 950 C.M.R.
72.04, all rehabilitation work mustbe completed within a three (3) year period.
F. Other Provisions
The following provisions outline policies for ensuring that the owner who receives the special
assessment maintains the property in the manner intended by the enabling legislation.
(1) An owner who applies for the special assessment shall agree in writing to maintain
the subject property in accordance with the Secretary of the Interior's Standards for the
duration of the special assessment. Failure to maintain the property in accordance with
theSecretary of the Interior’s Standards for the agreed period of time shall result in revocation
of the special assessment. The property owner may agree to maintain the property with;
(a) A preservation restriction, including interior spaces
(b) An agreement with the Nantucket Historical Commission to have the chair or
their designee to review thestructure at the completion of the seven year period
(2) In the event that the restriction holder or the Nantucket Historical Commission
informs the Assessor that the owner has failed to maintain the subject property in accordance
with the Secretary of the Interior’s Standards, the Assessor shall notify the owner in writing and
the owner shall have 30 days in which to demonstrate that the property has been maintained in
accordance with the Secretary of the Interior's Standards or, if not, to remedy such failure.
(3) An owner who receives the special assessment shall annually, for the duration of the
special assessment,
(a) provide the Assessor with written certification that he or she still owns and
occupies the property which is the subject of the special assessment, unless a
preservation restriction has been placed on the structure
prior to the work,
(b) provide the Assessor with certification from the MHC, or from the Nantucket
Historical Commission, that the property continues to be in compliance with the
Secretary of the Interior's Standards and that the subject property is still listed on
the State Register.
(4) The date of any of the following occurrences shall terminate the special assessment:
(a) written notice from the owner to the Assessors requesting removal of the
special assessment;
(b) failure to provide certification of compliance with the Secretary of the Interior's
Standards;
(c) sale or transfer of ownership during the seven (7) year period, except in the
course of probate proceedings, or unless a preservation restriction has been
placed on the structure prior to the work; or
(d) removal of the property from the local historic district.
(Aaron Marcavitch et al)
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2007 Annual Town Meeting and Election Warrant
ARTICLE 56
(Extension of Energy Study Committee)
To see if the Town of Nantucket will vote to extend the sunset date for the Nantucket
Energy Study Committee from April 2007 to April 2010, with five members to be appointed by
the Board of Selectman for a three year term.
(Barbara Gookin, et al)
ARTICLE 57
(Acceptance of G.L. Ch. 32, s. 4: Retirement Systems and Pensions/Creditable Service)
To see if the Town will vote to accept the provisions of Massachusetts General Law
Chapter 32, section 4(2)B½ , which provides as set forth below, or to take any other action
related thereto:
"b1/2) In any city, town, or fire district, which accepts the provisions of this paragraph, service
as a permanent-intermittent or call firefighter shall be credited as full-time service as provided
in paragraph (b), except that credit for such service shall not be conditioned upon the
appointment of said permanent-intermittent or call firefighter as a permanent member of the fire
department. This paragraph shall take effect in a city by vote of the city council in accordance
with its city charter, in a town which maintains a separate contributory retirement system by
vote of the town meeting, in a town whose eligible members are members of the county
retirement system of the county wherein such town lies by vote of the town meeting, in a district
which maintains a separate contributory retirement system by vote of the district meeting, and
in a district the eligible employees of which are members of a county retirement system by vote
of the district meeting."
(Board of Selectmen)
ARTICLE 58
(Acceptance of Massachusetts General Law/Call Firefighters Health Insurance)
To see if the Town will vote to accept the provisions of Chapter 46, Section 12 of the
Acts of 2003, thereby including a member of the call fire department or other volunteer
emergency service agency serving the town within the definition of “Employee” under M.G.L. c.
32B, Section 2 (d).
(Kenneth Gullicksen, et al)
ARTICLE 59
(Home Rule Petition: Historic District Commission)
To see if the Town will vote to request its representatives in the General Court to
introduce legislation seeking a special act so as to amend the Historic District Commission
enabling legislation to allow for the interior preservation of historic buildings, defined as any
building listed as individually significant or contributing to the Nantucket Historic District, as
follows: historic buildings shall be protected by preserving and retaining primary and
secondary framing members in place and consistent with the original date of construction
and/or qualifying later additions. Primary and secondary framing members include but are not
limited to the following:
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2007 Annual Town Meeting and Election Warrant
Timber and Balloon Frame construction – principal roof rafters, common rafters, collar beams,
wind braces, common purlins, two-story and single story studs, end tie beams, fascia plates,
story posts, chimney posts, corner posts, prick posts, summer beams (binding and bridging),
girts, end bearers, floor joists, sleepers, ground sills and chimneys.
And, to authorize the General Court with the approval of the Board of Selectmen to make
constructive changes in perfecting the language of this proposed legislation in order to secure
passage; and to take any other action as may be relative thereto.
(Board of Selectmen for Historic District Commission)
ARTICLE 60
(Home Rule Petition: Sewer Authority)
To see if the Town will vote to request its representatives in the General Court to
introduce legislation seeking a special act so as to designate additional authority to the Town of
Nantucket and/or Board of Selectmen regarding authority for sewer-related matters; and, to
authorize the General Court with the approval of the Board of Selectmen to make constructive
changes in perfecting the language of this proposed legislation in order to secure passage; and
to take any other action as may be relative thereto.
(Board of Selectmen)
ARTICLE 61
(Home Rule Petition: Land Bank Act Amendment)
To see if the Town will vote to present to the General Court a Home Rule Petition set
forth below and to request the Town's representatives in the General Court to introduce
legislation amending the Nantucket Islands Land Bank Act as set forth below and to authorize
the Board of Selectmen of the Town to make constructive changes in perfecting the language
of this legislation in order to secure passage, it being the intent to authorize the Board of
Selectmen and the General Court to vary the specific text of the requested legislation within the
scope of the general public objectives of this home rule petition, such legislation to read
substantially as follows:
An Act to further clarify the Nantucket Islands Land Bank Act regarding real property interests
subject to the Land Bank Act's transfer fee.
The Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by
chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts
of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370
of the Acts of 2002, and by chapter 130 of the Acts of 2006, referred to collectively as the
"Land Bank Act") is hereby amended as follows:
(a) The definition of "Real property interest" appearing in Section 1 of the Land Bank Act shall
be restated in its entirety to the following:
"Real property interest", 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
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2007 Annual Town Meeting and Election Warrant
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 Massachusetts General Laws chapter 183A; 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 thirty 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.
(b) Section 10A of the Land Bank Act is hereby repealed in its entirety.
(c) The following sentence shall be inserted at the end of the preamble to Section 12 of the
Land Bank Act: "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."
(d) Section 12 (-i-) of the Land Bank Act shall be amended by deleting the portion thereof
commencing with "provided, however, that such . . ." through the end of subsection (-i-), and
the following shall be inserted in lieu thereof:
provided, however, that such transfer shall be exempt only in the event that (i) 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 (ii) 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.
(e) Section 12 (-j-) of the Land Bank Act shall be entirely restated as follows:
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.
(f) Delete from Section 12 (-m-) of the Land Bank Act the words "The first" from the beginning
of the subsection, and capitalize the word "an", which becomes the first word of the subsection.
(g) Add new subsection (-n-) to Section 12 of the Land Bank Act, as follows:
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2007 Annual Town Meeting and Election Warrant
(-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.
(h) Add new subsection (-d-) to Section 14 of the Land Bank Act, as follows:
(-d-) If the Commission has determined that a fee is due by asserting the application of the
evasion of fee doctrine described in Section 12 of this Act, then the transferee shall have the
burden of demonstrating by clear and convincing evidence as determined by the Commission
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 of this Act 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
Commission that the asserted non-fee-avoidance business purpose is commensurate with the
amount of the fee pursuant to Section 10 to be thereby avoided.
Or to take any other action related thereto.
(Board of Selectmen for Nantucket Islands Land Bank Commission)
ARTICLE 62
(Home Rule Petition: Community Preservation Act)
To see if the Town of Nantucket will vote to amend the Community Preservation
Committee law (MGL c. 44B, §§ 3-7) as adopted by the Town of Nantucket in April 2001, by
changing the language in section six by deleting the stricken text and adding the parenthetical
text, as shown below;
Section 6. In every fiscal year and upon the recommendation of the community preservation
committee, the legislative body shall spend, or set aside for later spending, not less than 10 per
cent of the annual revenues in the Community Preservation Fund for open space, but not
including land for recreational use, not less than 10 per cent of the annual revenues for historic
resources and not less than 10 (80) per cent of the annual revenues for community housing.
(Barbara Gookin, et al)
ARTICLE 63
(Home Rule Petition: Nantucket Islands Land Bank)
To see if the Town will vote to request its representatives in the General Court to
introduce legislation seeking to amend the current Land Bank Act to provide that 25% of all
funds collected each year be allocated for the purpose of affordable housing on Nantucket; and
further to allow that certain Land Bank lands may be used for such housing as approved by
Town Meeting, and to authorize the General Court with the approval of the Board of Selectmen
to make constructive changes in perfecting the language of this proposed legislation in order to
secure passage.
(Curtis L. Barnes, et al)
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2007 Annual Town Meeting and Election Warrant
ARTICLE 64
(Home Rule Petition: Conveyance of Land by the County)
To see if the Town will vote to petition the General Court for enactment of a Home Rule
special act set forth below and to request Nantucket’s representatives to the General Court to
introduce a Special Act set forth below, and further to authorize the General Court, with the
approval of the Board of Selectmen, to 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 with respect thereto:
AN ACT APPROVING THE CONVEYANCE OF PROPERTY BY THE COUNTY OF
NANTUCKET
Section 1. The County of Nantucket is hereby authorized to convey land owned by the County
of Nantucket to the Town of Nantucket without any consideration therefore and to take
whatever actions are necessary to transfer ownership of the following parcels:
• A parcel of land, formerly part of a County roadway known as Sherburne
Turnpike at it’s intersection with Hamblin Road, as shown on a plan entitled “Proposed
Modification of Sherburne Turnpike” dated February 2007 on file with Nantucket
Planning Office; and
• A parcel of land, formerly part of a County roadway known as Milestone Road at
its intersection with Polpis Road, as shown on a plan entitled “Proposed Modification of
Milestone Road” dated February 2007 on file with Nantucket Planning Office.
Section 2. A majority of the voters at an Annual or Special Town Meeting shall approve
acceptance of any and all transfers authorized in Section 1, prior to such conveyances taking
effect.
Section 3. The provisions of Chapter 30B General Laws and any rights of first refusal in the
Commonwealth under the provisions Section 14 of Chapter 34 of General Laws shall not be
applicable to any conveyance authorized hereunder.
Section 4. This Act shall take effect upon passage.
(Board of Selectmen)
ARTICLE 65
(Home Rule Petition: Radio Monitor Site)
To see if the Town will vote to petition the General Court for enactment of a Home Rule
special act set forth below and to request Nantucket’s representatives to the General Court to
introduce a Special Act set forth below, and further to authorize the General Court, with the
approval of the Board of Selectmen, to 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 with respect thereto:
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2007 Annual Town Meeting and Election Warrant
AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, OR TO SELL, CONVEY
OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET
FOR ANY LAWFUL PURPOSE
Be it enacted by the Senate and the House of Representatives in General Court assembled,
and by authority of the same, as follows:
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts, notwithstanding the provisions of any general or special law
to the contrary, the Town of Nantucket may use for any lawful general municipal purpose, or
may sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and
described as the Town of Nantucket Assessor’s Map 32, Parcel 23, or any portion thereof.
Section 2. This act shall take effect upon its passage.
(Board of Selectmen)
ARTICLE 66
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise grant a permanent easement or lesser interest over property owned by the Town of
Nantucket at 43 Eel Point Road (known as Assessors Map 32, Parcel 23) or a portion thereof,
to be used for driveway purposes (but not for parking), in exchange for a permanent easement
over certain real property located at 39 Eel Point Road (known as Assessors Map 32, Parcel
22) or a portion thereof, to be used for maintaining pedestrian access to and from Dionis
Beach, and to take any other action as may be related or appropriate thereto.
(Board of Selectmen)
ARTICLE 67
(Real Estate Acquisition)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain the fee title or lesser title interest in a certain parcel of land, identified as
Assessors Map 78, Parcel 4 and known as the Proprietors' South Pasture Land, or any
portions thereof, for general municipal purposes, or take any other action as may be
appropriate or related thereto.
(Board of Selectmen)
ARTICLE 68
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of certain property owned by the Town of Nantucket, identified as Assessors
Map 78, Parcel 4 and known as the Proprietors' South Pasture Land, or any portions thereof,
and to take any other action as may be related or appropriate thereto.
(Board of Selectmen)
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2007 Annual Town Meeting and Election Warrant
ARTICLE 69
(Real Estate Acquisition)
To see if the Town will vote to authorize the Nantucket Islands Land Bank to acquire by
purchase, gift or eminent domain the fee title or lesser title interest in a certain parcel of land,
identified as Assessors Map 78, Parcel 4 and known as the Proprietors' South Pasture Land, or
any portions thereof, for any lawful purposes pursuant to the Nantucket Islands Land Bank Act,
or take any other action as may be appropriate or related thereto.
(Board of Selectmen)
ARTICLE 70
(Home Rule Petition: Real Estate Conveyance)
To see if the Town will vote to petition the General Court for enactment of a Home Rule
special act set forth below and to request Nantucket’s representatives to the General Court to
introduce a Special Act set forth below, and further to authorize the General Court, with the
approval of the Board of Selectmen, to 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 with respect thereto:
AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK AND THE TOWN OF
NANTUCKET TO USE, OR TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN
LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE
Be it enacted by the Senate and the House of Representatives in General Court assembled,
and by authority of the same, as follows:
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts notwithstanding the provisions of any general or special law
to the contrary, the Nantucket Islands Land Bank and the Town of Nantucket may use for any
lawful general municipal purpose, or may sell, convey or otherwise dispose of certain land
situated in the Town of Nantucket and described as the Town of Nantucket Assessor’s Map 78,
Parcel 4, or any portion thereof.
Section 2. This act shall take effect upon its passage.
(Board of Selectmen)
ARTICLE 71
(Real Estate Conveyance)
To see if the Town will vote to settle the case concerning whether the Town, acting
through the Airport, owns the land underneath the house where the Shaw family lives year-
round, by accepting from the Shaw family a reasonable payment in exchange for the Town’s
Agreement for Judgment that Mr. Shaw owns that land. The land is shown on Nantucket
Assessor’s Map 88 as Parcel 23 and is known as 58 Madequecham Valley Road.
(Eric Shaw, et al)
Page 45
2007 Annual Town Meeting and Election Warrant
ARTICLE 72
(Real Estate Acquisition)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain the fee title or lesser title interests in the following parcels of land, for
general municipal purposes and to confirm the Town's title to such properties, or take any other
action as may be appropriate or related thereto:
Map Parcel(s) Address
60.2.4 25 New Hampshire Avenue
60.3.1 412 6 New Hampshire Avenue
60.3.1 433, 459 10 Maine Avenue
60.3.1 445 2 Maine Avenue
60.3.1 446 2 New Hampshire Avenue
60.3.1 182, 183 29 New Hampshire Avenue
60.3.1 182, 185 31 New Hampshire Avenue
60.3.1 367, 368 9 New Jersey Avenue
60.3.1 160, 161 26 Rhode Island Avenue
79 140 35R Skyline Drive
82 331 Saccacha Avenue
80 101.1 143 Surfside Road
71.3.2 279 6 Ipswich Street
82 354, 355 Miacomet Avenue South
82 366, 367 Miacomet Avenue South
82 375 Mattapoisett Avenue
82 408 Marion Avenue
82 408.1 Marion Avenue
82 409.1 Marion Avenue
87 13 Poplar Street
Or, to take any other action as may be related thereto.
(Board of Selectmen)
ARTICLE 73
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey, release
or otherwise dispose of the following parcels of Town land or lesser interests the Town may
have therein, subject to Massachusetts G.L. c. 30B and guidelines established under the
"Nantucket Yard Sales" program on file with the Board of Selectmen's office, and to take any
other action as may be related or appropriate thereto.
Map Parcel(s) Address
60.2.4 25 New Hampshire Avenue
60.3.1 412 6 New Hampshire Avenue
60.3.1 433, 459 10 Maine Avenue
60.3.1 445 2 Maine Avenue
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2007 Annual Town Meeting and Election Warrant
Map Parcel(s) Address
60.3.1 446 2 New Hampshire Avenue
60.3.1 182, 183 29 New Hampshire Avenue
60.3.1 182, 185 31 New Hampshire Avenue
60.3.1 367, 368 9 New Jersey Avenue
60.3.1 160, 161 26 Rhode Island Avenue
79 140 35R Skyline Drive
82 331 Saccacha Avenue
80 101.1 143 Surfside Road
71.3.2 279 6 Ipswich Street
82 354, 355 Miacomet Avenue South
82 366, 367 Miacomet Avenue South
82 375 Mattapoisett Avenue
82 408 Marion Avenue
82 408.1 Marion Avenue
82 409.1 Marion Avenue
87 13 Poplar Street
32 none Adj. 101, 102 and14
Sherburne Turnpike
Or, to take any other action as may be related thereto.
(Board of Selectmen)
ARTICLE 74
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell convey or
otherwise dispose of any interest the Town may have in or to that certain property located at 9
New Jersey Avenue and known as Lots 1 and 2 in Block No. 31 on Plan No. 2408-M on file
with the Nantucket County Registry District, subject to Massachusetts G.L. c. 30B, and to take
any other action as may be related or appropriate thereto.
(Board of Selectmen)
ARTICLE 75
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of the following parcels of land to the Nantucket Islands Land Bank:
Map Parcel Address
80 39 “Surfside”
80 105 “Weweeder Pond”
80 106 “Weweeder Pond”
80 107 “Surfside”
Page 47
2007 Annual Town Meeting and Election Warrant
Map Parcel Address
80 146 “Surfside”
80 147 “Surfside”
80 148 “Surfside”
80 219 “Atlantic Ave”
87 4 51 Western Avenue
87 134 “Weweeder Pond”
including any unconstructed, unimproved or “paper” ways, or any portions thereof, located
within the boundaries of any of such parcels (including but not limited to Washington Street,
May Street, Lake Street, Reedy Street and other unnamed ways), as shown on a plan entitled
“Proposed transfer of Town parcels at Weweeder Pond Valley to the Land Bank,” dated
January 2007, on file at the Nantucket Planning Office, and to take any other action as may be
related or appropriate thereto.
(Board of Selectmen)
ARTICLE 76
(Real Estate Disposition)
To see if the Town will vote to discontinue the ways known as Washington Street, May
Street, Reedy Street and other unnamed ways as referenced in the plan below or any portions
thereof; and all public rights of pass over said way, and any other interests that may exist in
said ways to be discontinued, which are shown on a map titled “Proposed Transfer of Town
Parcels at Weweeder Pond Valley to the Land Bank” dated January, 2007 on file at the
Nantucket Planning Office; or, to take any other action as may be related thereto.
(Board of Selectmen)
ARTICLE 77
(Real Estate Disposition)
To see if the Town will vote to authorize the Board of Selectmen to grant a restrictive
covenant to prohibit the subdivision or separate sale of the following three (3) parcels of land:
(i) Assessor’s Map 39, Parcel 14, also shown as Lot 6 on plan on file with the Nantucket
County Registry District as plan 35656C, Sheet 2 and filed with Certificate of Title No. 10145,
(ii) Assessor’s Map 58, Parcel 38, also shown on plan on file with Nantucket County Registry
District as plan 4837A and filed with Certificate of Title No. 4346, and (iii) Assessor’s Map 58,
Parcel 1, which is land described in that certain Order of Taking recorded at the Nantucket
County Registry of Deeds in Book 125, Page 333, or to otherwise dispose of any interest the
Town may have in said parcel(s), subject to Massachusetts G.L. c. 30B, and to take any other
action as may be related or appropriate thereto.
(Board of Selectmen)
Page 48
2007 Annual Town Meeting and Election Warrant
ARTICLE 78
(Real Estate Disposition: Grant of Easement)
To see if the Town will vote to authorize the Board of Selectmen to grant an access and
utility easement to National Grid, its parents or affiliates, for the purpose of installing, operating
and maintaining certain electric distribution equipment on, over, through and under land owned
by the Town shown as Parcel 135 on Assessor’s Map 87 and described in Book 474, Page 338
recorded in the Nantucket Registry of Deeds; and, to take any other action as may be
appropriate or related thereto, as determined by the Board of Selectmen.
(Board of Selectmen)
ARTICLE 79
(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, s. 5B of the 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 2008 tax levy.
(Board of Selectmen)
ARTICLE 80
(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 ensuing Fiscal Year and to authorize the Assessors to use in the
fixing the rate, pass any vote, or take any other action relative thereto.
(Board of Selectmen)
*********************************************************************
To act upon and transact any business relative to the foregoing subjects which may,
then and there, come before said meeting.
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 aforesaid.
Given under our hands this 24th day of January in the year Two Thousand Seven.
Whitey Willauer, Chairman
Michael Kopko
Douglas Bennett
Brian Chadwick
Catherine Flanagan Stover
SELECTMEN OF NANTUCKET, MA
TOWN OF NANTUCKET
2007 Annual Town Meeting
7:00 PM, Monday, April 9, 2007
Nantucket High School
Page i
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
508-228-7255
www.nantucket-ma.gov
BOARD OF SELECTMEN
Whitey Willauer, Chairman
Michael Kopko, Vice-Chairman
Douglas L. Bennett
Brian Chadwick
Catherine Flanagan Stover
FINANCE COMMITTEE
John W. Atherton, Jr., Chairman
Bruce D. Miller, Vice-Chairman
Christopher J. Kickham
Gregory P. Keltz
Matthew T. Mulcahy
Michael B. Rosen
Timothy M. Soverino
Rick Ulmer
PLANNING BOARD
Donald Visco, Chairman
Frank Spriggs, Vice-Chairman
Sylvia Howard
John McLaughlin
Barry Rector
Cover photo courtesy of Barbara Gookin
Page ii
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
AMERICANS WITH DISABILITIES ACT NOTICE
The Town of Nantucket advises applicants, participants and
the public that it does not discriminate on the basis of disability
in, admission to, access to, treatment or employment in its
programs, services and activities. The Town of Nantucket will
provide auxiliary aids and services to access programs upon
request. Inquiries, requests and complaints should be directed
to the Town Administrator, 16 Broad Street, Nantucket, MA
02554, (508) 228-7255.
IF YOU NEED A LARGE PRINT VERSION
OF THIS DOCUMENT, PLEASE
CONTACT
THE TOWN ADMINISTRATOR’S OFFICE
AT 228-7255
Page iii
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2007 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
1 Receipt of Reports 1
2 Appropriation: Unpaid Bills 1
3 Appropriation: Prior Year Articles 1
4 Revolving Accounts: Annual Authorization 2
5 Appropriation: Reserve Fund 3
6 Fiscal Year 2007 Budget Transfers 4
7 Personnel Compensation Plans for FY 2008 5
8 Appropriation: FY 2008 Operating Budget 8
9 Appropriation: Health and Human Services 10
10 Appropriation: General Fund Capital Expenditures 11
11 Appropriation: Enterprise Funds Operations 13
12 Appropriation: Enterprise Funds Capital Expenditures 14
13 Enterprise Funds: Fiscal Year 2007 Budget Transfers 16
14 Appropriation: County Assessment 16
15 Appropriation: Finalizing Fiscal Year 2008 County Budget 16
16 Rescind Unused Borrowing Authority 17
17 Appropriation: Ferry Embarkation Fee 18
18 Appropriation: Collective Bargaining Agreement/Our Island Home 18
19 Appropriation: Collective Bargaining Agreement/Airport Union 18
20
Appropriation: Collective Bargaining Agreement/Wannacomet Water
Union 19
21 Appropriation: Community Preservation Committee/Beaugrand 19
22 Appropriation: Community Preservation Committee 21
23 Appropriation: Municipal Electric Aggregate 24
24 Land Bank Financing 25
25 Zoning Bylaw Amendment: Establishment of Harbor Overlay District 25
26 Zoning Bylaw Amendment: Harbor Overlay District – Nantucket Harbor 30
27 Zoning Bylaw Amendment: Harbor Overlay District – Madaket Harbor 35
28 Zoning Bylaw Amendment: Island Perimeter Restrictions 35
29 Zoning Bylaw Amendment: Permitted Uses 38
30
Zoning: Alteration of Town and Country Designations/Vicinity of Polpis Rd
& Monomoy Rd 38
31 Zoning Map Change: 3M Subdivision/Doc Ryder Dr, Hatch Cir, etc. 41
Page iv
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2007 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
32 Zoning Map Change: 3M Subdivision/Farm View Dr & Golf View Dr 44
33 Zoning Map Change: Miacomet Ave 45
34 Zoning Map Change: Otokomi Rd/Technical Correction 47
35 Zoning Map Change: Miacomet Ave & Otokomi Rd/Technical Correction 48
36 Zoning Map Change: Miacomet Ave/Technical Correction 49
37 Zoning Bylaw Amendment: Residential Parking 50
38 Zoning Bylaw Amendment: Intensity Regulations 52
39 Zoning Bylaw Amendment: Residential Districts 54
40 Zoning Bylaw Amendment: Mixed Income Residential Developments 55
41 Town Sewer District Map Change/Ernsberger 55
42 Town Sewer District Map Change/Singleton 56
43 Town Sewer District Map Change/Hunt 56
44 Charter Amendment: Town Administration 58
45 Charter Amendment: Appointments 58
46 Charter Amendment: Employment 59
47 Charter Amendment: Planning Board 59
48 Charter Amendment: Historic District Commission 60
49 Charter Amendment: Shellfish and Harbor Advisory Board 62
50 Charter Amendment: Audit Committee 63
51
Charter Amendment: Our Island Home Board of Directors, Personnel
Board 64
52 Bylaw Amendment: Committees 64
53 Bylaw Amendment: Board of Sewer Commissioners 65
54 Bylaw Amendment: Noise/Lydon 66
55
Bylaw Amendment: Town Collector and Town Treasurer/Tax Deferral for
Renovated Historic Properties/Marcavitch 67
56 Extension of Energy Study Committee/Gookin 69
57 Acceptance of MGL c. 32, s. 4: Retirement Systems/Creditable Service 69
58
Acceptance of MGL c. 46, s. 12/Call Firefighter Health
Insurance/Gullicksen 70
59 Home Rule Petition: HDC 70
60 Home Rule Petition: Sewer Authority 71
61 Home Rule Petition: Land Bank Act Amendment 71
62 Home Rule Petition: Community Preservation Act/Gookin 75
63 Home Rule Petition: Nantucket Islands Land Bank/Barnes 76
Page v
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
2007 ANNUAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
64 Home Rule Petition: Conveyance of Land by County 76
65 Home Rule Petition: Radio Monitor Site 77
66 Real Estate Conveyance/Eel Point Rd 78
67 Real Estate Acquisition/South Pasture 79
68 Real Estate Conveyance/South Pasture 79
69 Real Estate Acquisition/South Pasture 79
70 Home Rule Petition: Real Estate Conveyance/South Pasture 80
71 Real Estate Conveyance/Shaw 81
72 Real Estate Acquisition/Various Parcels 81
73 Real Estate Conveyance/Various Parcels 83
74 Real Estate Conveyance/9 New Jersey Ave 84
75 Real Estate Conveyance/Weweeder Pond Valley 84
76 Real Estate Disposition/Discontinuance of Ways 86
77 Real Estate Disposition/Restrictive Covenant 86
78 Real Estate Disposition/Grant of Easement 87
79 Appropriation: Stabilization Fund 87
80 Appropriation: Free Cash 87
NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS
SUBMITTED BY THE PETITIONERS AND MAY
CONTAIN TYPOGRAPHICAL AND OTHER ERRORS
Page vi
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Page 1
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 1
(Receipt of Reports)
To receive the reports of various departments and committees as printed in the Fiscal
Year 2006 Annual Town Report or as may come before this meeting.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the reports of various departments and
committees as printed in the Fiscal Year 2006 Annual Town Report or as may come before this
meeting be accepted and filed with the permanent records of the Town.
ARTICLE 2
(Appropriation: Unpaid Bills)
To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant
to any applicable statute or transfer from available funds for the payment, pursuant to Chapter
44, section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years,
including any bills now on overdraft.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Twenty-one Thousand Eight Hundred Fifty-nine
Dollars and Seventy-one Cents ($21,859.71) be raised and appropriated from the Fiscal Year
2008 tax levy and other general revenues to pay the following unpaid bills from prior fiscal
years:
DEPARTMENT VENDOR AMOUNT
Health Department Comfort Inn $61.42
Human Services, Council for Nantucket Cottage Hospital $2,451.00
Marine Department Island Concrete Form, LLC $13,918.00
Town Administration Town of Nantucket/Solid Waste $2,806.12
Town Administration Nantucket Lawn & Garden $2,623.17
TOTAL $21,859.71
ARTICLE 3
(Appropriation: Prior Year Articles)
To see what sums the Town will vote to appropriate and transfer from available funds in
Articles voted in prior years.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that:
a) Four Thousand Two Dollars ($4,002) be appropriated for the Board of Selectmen to
expend to complete the Sparks Avenue/Pleasant Street round-a-bout project; and, to meet this
appropriation Four Thousand Two Dollars ($4,002) be transferred from Article 10 of the 1998
Annual Town Meeting (Town Pier Parking Lot Reconstruction);
Page 2
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
b) Three Thousand Eight Hundred Forty-one Dollars and Ninety-nine Cents ($3,841.99) be
appropriated for the Board of Selectmen to expend to complete the Sparks Avenue/Pleasant
Street round–a-bout project; and, to meet this appropriation Three Thousand Eight Hundred
Forty-one Dollars and Ninety-nine Cents ($3,841.99) be transferred from Article 10 of the 2002
Annual Town Meeting (Construct Old South Road Bike Path);
c) Sixteen Thousand Eight Hundred Dollars ($16,800) be appropriated for the Board of
Selectmen to expend to complete the Sparks Avenue/Pleasant Street round–a-bout project;
and, to meet this appropriation Sixteen Thousand Eight Hundred Dollars ($16,800) be
transferred from Article10 of the 1998 Annual Town Meeting (Streetscape Improvements on
Pleasant Street);
d) Sixty-eight Thousand Six Hundred Fifty-nine Dollars and Sixty-four Cents ($68,659.64)
be appropriated for the Board of Selectmen to expend to complete the Sparks
Avenue/Pleasant Street round–a-bout project; and, to meet this appropriation Sixty-eight
Thousand Six Hundred Fifty-nine Dollars and Sixty-four Cents ($68,659.64) be transferred
from Article 10 of the 2003 Annual Town Meeting (Prospect Street Sidewalk Construction);
e) Three Thousand One Hundred Seventy-two Dollars and Ninety-three Cents ($3,172,93)
be appropriated for the Board of Selectmen to expend to complete the Sparks
Avenue/Pleasant Street round–a-bout project; and, to meet this appropriation Three Thousand
One Hundred Seventy-two Dollars and Ninety-three Cents ($3,172,93) be transferred from
Article 10 of the 2003 Annual Town Meeting (Replacement of Fire Chief vehicle);
f) Twelve Thousand Nine Hundred Eighty-six Dollars ($12,986) be appropriated for the
Marine and Coastal Resources Department to expend for Town Pier repairs; and, to meet this
appropriation Twelve Thousand Nine Hundred Eighty-six Dollars ($12,986) be transferred from
Article 10 of the 2004 Annual Town Meeting (Reconstruction of F Street Bulkhead);
g) Seventeen Thousand Seven Hundred Twenty-six Dollars ($17,726) be appropriated for
the Marine and Coastal Resources Department to expend for Brant Point boathouse
maintenance; and, to meet this appropriation Seventeen Thousand Seven Hundred Twenty-six
Dollars ($17,726) be transferred from Article 10 of the 2004 Annual Town Meeting
(Reconstruction of the F Street Bulkhead.
ARTICLE 4
(Revolving Accounts: Annual Authorization)
To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to
Chapter 44, section 53E½ of the Massachusetts General Laws for fiscal year 2008.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby
authorized to continue during Fiscal Year 2008 as follows:
FUND
REVENUE
SOURCE
AUTHORITY TO
SPEND USE OF FUND
SPENDING
LIMIT
Beach
Improvement
Beach
Permit
Sticker
sales
Town Administrator
with approval of
Board of
Selectmen
In accordance with c. 56, § 7A of Town Code,
and including endangered species monitor
program; beach patrols/monitors; beach use
education/information
$350,000
Page 3
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
FUND
REVENUE
SOURCE
AUTHORITY TO
SPEND USE OF FUND
SPENDING
LIMIT
Tennis
Court Tennis fees
Town Administrator
with approval of
Park & Recreation
Commission
Operation, maintenance of tennis court facility
and housing for seasonal staff $100,000
Conservation
Fund
Conservation
Commission
application fees
Town Administrator
with approval of
Conservation
Commission
Consulting services in connection with
professional review of applications $100,000
Septic System
Inspections
Septic system
application fees
Town Administrator
with approval of
Board of
Health
Contractor services in connection with septic
system inspections $30,000
Seasonal Food
Service
Inspections
Food service
permit fees
Town Administrator
with approval of
Board of Health
Seasonal food service inspections $25,000
School Staff
Travel Program
Participant
payments
School
Superintendent with
approval of School
Committee
Defrayment of travel costs incurred by
employees of Nantucket Public Schools for
work purposes
$10,000
Waterways
Improvement
& Maintenance
Fund
Mooring permit
fees
Marine Supt with
approval of Town
Administrator
Expenditures to be made in accordance with
MGL c. 40, s. 5G $250,000
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
2008; said sum not to exceed five (5) percent of the fiscal year 2008 tax levy.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Four Hundred Twenty-five Thousand Dollars
($425,000) be raised and appropriated from the Fiscal Year 2008 tax levy and other general
revenues of the Town to establish a Reserve Fund for Fiscal Year 2008 pursuant to chapter
40, §6 of the General Laws.
Page 4
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 6
(Fiscal Year 2007 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of the fiscal year
2007 operating budget from other line items of said budget and from other available funds.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred
between the various Fiscal Year 2007 accounts and expenditures as follows:
FROM TO AMOUNT
Waterways Improvement Fund Reserve Fund $ 133,065
Finance Department, Salaries Board of Selectmen, Salaries $ 12,500
Finance Department, Salaries Finance Department, Expenses $ 42,000
Finance Department, Salaries Police Department, Salaries $ 48,000
Finance Department, Salaries Our Island Home, Salaries $ 14,000
Finance Department, Salaries Our Island Home, Expenses $ 16,000
Assessor, Salaries Zoning Board of Appeals,
Salaries
$ 1,000
Assessor, Salaries Police Department, Salaries $ 22,000
Operations/Info Systems, Salaries Police Department, Salaries $ 90,000
Town Clerk, Salaries Town Clerk, Expenses $ 12,000
Inspectors, Salaries Fire Department, Salaries $ 7,000
Inspectors, Salaries Fire Department, Expenses $ 11,000
NP & EDC, Salaries Our Island Home, Salaries $ 30,000
NP & EDC, Salaries Town Clerk, Expenses $ 8,000
NP & EDC, Salaries NP & EDC, Expenses $ 20,000
Marine & Coastal Resources, Salaries Fire Department, Salaries $ 138,000
Public Works, Salaries Our Island Home, Salaries $ 10,000
Mosquito Control, Salaries Mosquito Control, Expenses $ 62,000
Council for Human Services, Salaries Police Department, Salaries $ 4,000
Council for Human Services, Salaries Council on Aging, Salaries $ 2,000
Council for Human Services, Salaries Council for Human Services,
Expenses
$ 2,500
Visitor Services, Salaries Our Island Home, Salaries $ 24,000
Visitor Services, Salaries Visitor Services, Expenses $3,000
Historic District Commission, Salaries Our Island Home, Salaries $ 5,000
Historic District Commission, Salaries Adult Community Day Care,
Salaries
$ 6,000
Park & Recreation, Salaries Our Island Home, Salaries $ 27,000
Park & Recreation, Salaries Park & Recreation, Expenses $ 20,000
Other Employee Benefits, Salaries Fire Department, Salaries $ 131,000
Page 5
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 7
(Personnel Compensation Plans for Fiscal Year 2008)
To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year
2008:
Schedule A -- Miscellaneous Compensation Schedule
Abatement Advisory Committee (yearly
per member) $600.00
Americans with Disabilities Act Facilitator
(hourly) 15.00
Building Inspector, Assistant (hourly) 30.00
Dietician/Our Island Home (hourly) 33.00
Election Warden (hourly) 10.00 20.00
Election Worker (hourly) 8.50 15.00
EMT, Call (per hour) 15.00
Fire Captain, Call (yearly) 150.00
Fire Fighter, Call (per hour) 15.00
Fire Lieutenant, Call (yearly) 125.00
Fire Chief, Second Deputy (yearly) 5,000.00
Fire Chief, Third Deputy (yearly) 5,000.00
Plumbing Inspector, Assistant (hourly) 30.00
Registrar of Voters (yearly) 600.00
Registrar, Temporary Assistant (hourly) 10.00
Seasonal Shellfish Warden(s) (yearly) 300.00
Sheriff, Deputy (yearly) 3,500.00
Teen Center Staff (hourly) 11.00
Teen Center Staff/Second Year (hourly) 12.00
Temporary Employee various rates
of pay
Wiring Inspector, Assistant (hourly) 30.00
Veterans' Agent (hourly) 15.00
Schedule B -- Seasonal Employee Compensation Schedule
(Spring, Summer, Fall, Winter/Effective April 15, 2006- April 14, 2007)
Compensation Second Third Fourth
Level Start Season Season Season
A-Hourly* $12.50 $13.50 $14.50 $15.50
B-Hourly* $13.00 $14.00 $15.00 $16.00
C-Hourly* $14.00 $15.00 $16.00 $17.00
D-Hourly* $14.50 $15.50 $16.50 $17.50
E-Hourly* $16.50 $17.00 $17.50 $18.50
Page 6
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Dock Attendant, Information Aide, Matron
B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish
Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)
C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock
Worker
D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Attendant (Park
& Recreation), Laborer (Park & Recreation)
E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor
(Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park &
Recreation)
Schedule C -- Scallop Season Compensation Schedule
$35.00/day to be paid to the full-time permanent shellfish warden(s) when scalloping activity is
taking place.
Schedule D -- Compensation Schedule for Elected Officials*
Moderator $150 per year
Selectman, Chair $5,000/per year
Selectmen $3,500/per year
Town Clerk $80,334
*Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded
from the Personnel Bylaw of the Town.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted:
Schedule A -- Miscellaneous Compensation Schedule
Abatement Advisory Committee (yearly
per member) $600.00
Americans with Disabilities Act Facilitator
(hourly) 15.00
Building Inspector, Assistant (hourly) 30.00
Dietician/Our Island Home (hourly) 33.00
Election Warden (hourly) 20.00
Election Worker (hourly) 15.00
EMT, Call (per hour) 15.00
Fire Captain, Call (yearly) 150.00
Fire Fighter, Call (per hour) 15.00
Fire Lieutenant, Call (yearly) 125.00
Fire Chief, Second Deputy (yearly) 5,000.00
Fire Chief, Third Deputy (yearly) 5,000.00
Plumbing Inspector, Assistant (hourly) 30.00
Registrar of Voters (yearly) 600.00
Registrar, Temporary Assistant (hourly) 10.00
Seasonal Shellfish Warden(s) (yearly) 300.00
Page 7
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Sheriff, Deputy (yearly) 3,500.00
Teen Center Staff (hourly) 11.00
Teen Center Staff/Second Year (hourly) 12.00
Temporary Employee various rates
of pay
Wiring Inspector, Assistant (hourly) 30.00
Veterans' Agent (hourly) 15.00
Schedule B -- Seasonal Employee Compensation Schedule
(Spring, Summer, Fall, Winter/Effective April 15, 2006- April 14, 2007)
Compensation Second Third Fourth
Level Start Season Season Season
A-Hourly* $12.50 $13.50 $14.50 $15.50
B-Hourly* $13.00 $14.00 $15.00 $16.00
C-Hourly* $14.00 $15.00 $16.00 $17.00
D-Hourly* $14.50 $15.50 $16.50 $17.50
E-Hourly* $16.50 $17.00 $17.50 $18.50
*An employee assigned supervisory responsibilities shall be placed in the next higher category.
A: Dock Attendant, Information Aide, Matron
B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish
Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)
C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock
Worker
D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Attendant
(Park & Recreation), Laborer (Park & Recreation)
E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor
(Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park
& Recreation)
Schedule C -- Scallop Season Compensation Schedule
$35.00/day to be paid to the full-time permanent shellfish warden(s) when scalloping activity is
taking place.
Schedule D -- Compensation Schedule for Elected Officials*
Moderator $150 per year
Selectman, Chair $5,000/per year
Selectmen $3,500/per year
Town Clerk $80,334
*Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded
from the Personnel Bylaw of the Town.
Page 8
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 8
(Appropriation: Fiscal Year 2008 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 2008.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2008 operating
budget is established for the various offices, boards and commissions of the Town as follows:
FY 2008 FY 2008 FY 2008 FY 2007
Department Payroll Expenses Total Budget Article 8 Total
GENERAL GOVERNMENT
Conservation Commission $108,000 $49,900 $157,900 $149,700
Disability, Commission on $10,700 $3,200 $13,900 $13,900
Finance Committee $0 $14,800 $14,800 $14,800
Finance & Operations $1,424,200 $346,750 $1,770,950 $1,723,750
Historic District Commission $214,100 $25,400 $239,500 $226,400
Human Resources $86,200 $86,200 $0
Information Systems/GIS $294,400 $194,200 $488,600 $479,500
Legal $0 $330,000 $330,000 $330,000
Moderator $165 $1,335 $1,500 $1,500
NP & EDC $378,000 $59,850 $437,850 $371,500
Personnel Board $0 $31,100 $31,100 $14,100
Planning Board $0 $0 $66,150
Selectmen $328,900 $411,675 $740,575 $589,100
Town Clerk $203,500 $45,300 $248,800 $228,500
Zoning Board of Appeals $90,000 $16,900 $106,900 $104,300
Subtotal $3,138,165 $1,530,410 $4,668,575 $4,313,200
SAFETY & PROTECTION
Inspectors $589,000 $36,700 $625,700 $590,600
Emergency Mgt. $0 $20,150 $20,150 $20,150
Fire Department $2,113,500 $289,100 $2,402,600 $2,157,000
Health Department $237,700 $42,300 $280,000 $267,700
Parking Clerk $0 $12,100 $12,100 $12,100
Police Department & Animal
Control $3,630,500 $498,400 $4,128,900 $3,768,900
Street Lighting $0 $75,000 $75,000 $75,000
Subtotal $6,570,700 $973,750 $7,544,450 $6,891,450
MARINE & COASTAL
RESOURCES
Marine Department $466,900 $56,700 $523,600 $519,600
Page 9
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
FY 2008 FY 2008 FY 2008 FY 2007
Department Payroll Expenses Total Budget Article 8 Total
Subtotal $466,900 $56,700 $523,600 $519,600
MAINTENANCE
Gas/Town Vehicles $0 $275,000 $275,000 $239,000
Mosquito Control $124,200 $35,200 $159,400 $225,100
Public Buildings $0 $511,600 $511,600 $486,600
Public Works $1,504,800 $543,000 $2,047,800 $1,953,800
Snow and Ice removal $0 $25,000 $25,000 $25,000
Subtotal $1,629,000 $1,389,800 $3,018,800 $2,929,500
HUMAN SERVICES
Adult Community Day Care $97,000 $37,500 $134,500 $128,700
Aging, Council on $196,600 $36,500 $233,100 $200,800
Human Services, Council for $120,200 $8,300 $128,500 $134,600
Our Island Home $3,896,200 $894,500 $4,790,700 $4,462,300
Veterans' Services $9,900 $400 $10,300 $10,300
Subtotal $4,319,900 $977,200 $5,297,100 $4,936,700
CULTURE & RECREATION
Atheneum $0 $620,000 $620,000 $620,000
Park & Recreation $606,800 $146,900 $753,700 $729,500
Town Clock $0 $6,600 $6,600 $6,600
Visitor Services $245,400 $183,100 $428,500 $426,800
Subtotal $852,200 $956,600 $1,808,800 $1,782,900
Amount for contractual increases $221,000 $221,000 $131,000
Total of Department Oper.
Budgets $17,197,865 $5,884,460 $23,082,325 $21,504,350
EDUCATION
Community School $310,000 $310,000 $310,000
School Department $16,854,195 $4,009,726 $20,863,921 $19,202,500
Subtotal $16,854,195 $4,319,726 $21,173,921 $19,512,500
Grand Total of Gen Gov't. Oper.
Bdgts $34,052,060 $10,204,186 $44,256,246 $41,016,850
DEBT SERVICE
Principal $6,449,000 $6,449,000 $4,684,000
Interest $2,643,000 $2,643,000 $2,181,000
Subtotal $9,092,000 $9,092,000 $9,092,000
INSURANCES payroll related all other
Auto Casualty $192,500 $192,500 $192,500
Page 10
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
FY 2008 FY 2008 FY 2008 FY 2007
Department Payroll Expenses Total Budget Article 8 Total
Blanket Liability $632,500 $632,500 $632,500
Claims Deductible $19,800 $19,800 $19,800
Insurance Consulting $30,800 $30,800 $30,800
Life Insurance $25,300 $25,300 $25,300
Medical Insurance $8,617,000 $8,617,000 $8,154,000
Unemployment $71,500 $71,500 $71,500
Workers Compensation $198,000 $198,000 $198,000
Laborer's Union Pension $28,600 $28,600 $28,600
Subtotal $8,940,400 $875,600 $9,816,000 $9,353,000
ASSESSMENTS
Barnstable Retirement $3,346,353 $3,346,353 $3,058,323
Subtotal $3,346,353 $0 $3,346,353 $3,058,323
Grand Total of Operating Budget $46,338,813 $20,171,786 $66,510,599 $62,520,173
And to meet these appropriations, the sum of Sixty-six Million Thirty-nine Thousand One
Hundred Ninety-nine Dollars ($66,039,199) be raised and appropriated from the Fiscal Year
2008 tax levy and other general revenues of the Town; and, that Two Hundred Thirty-one
Thousand Four Hundred Dollars ($231,400) be appropriated from the current proceeds of the
Ferry Embarkation fee for expenses associated with the Police Department; and, that Two
Hundred Forty Thousand Dollars ($240,000) be appropriated from the Ambulance Reserve
Fund for expenses associated with the operation of the Fire Department’s emergency medical
services.
The budget unanimously recommended by the Nantucket School Committee for the School
Department, including the Nantucket Community School, for the Fiscal Year 2008 is Twenty-
one Million One Hundred Seventy-three Thousand Nine Hundred Twenty-one Dollars
($21,173,921).
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 contracts be executed
by and between the Board of Selectmen and the respective private, not-for-profit agency for
Fiscal Year 2008, which contracts shall stipulate mutually agreed upon terms and conditions.
(Board of Selectmen)
Page 11
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that Three Hundred Thirty-one Thousand Dollars be
raised and appropriated from the Fiscal Year 2008 tax levy and other general revenues of the
Town to fund contracts for the following health and human services, private not-for-profit
agencies to provide for the health, safety and welfare of the inhabitants of the Town of
Nantucket, provided that the Town Administrator with the approval of the Board of Selectmen
execute contracts with the respective agencies for Fiscal Year 2008, which contracts shall
stipulate mutually agreed upon terms and conditions:
AGENCY AMOUNT
Alliance for Substance Abuse Prevention (ASAP) $20,000
A Safe Place $50,000
Martha’s Vineyard Community Services $15,000
Elder Services of Cape Cod & Islands $8,027
Interfaith Council Food Pantry $20,000
Interfaith Council Rental Assistance $10,000
South Coastal Counties Legal Services $3,800
Nantucket Behavioral Health Services $122,005
Nantucket Cottage Hospital $50,000
Small Friends $32,168
TOTAL $331,000
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 Fiscal Year 2008 for the offices, departments, boards and commissions of the
Town of Nantucket.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for
capital expenditures for general fund departments for Fiscal Year 2008; all such expenditures
to be made by the Town Administrator with the approval of the Board of Selectmen; and further
the Town Administrator with the approval of the Board of Selectmen is authorized to sell,
convey, trade-in or otherwise dispose of equipment being replaced, as follows:
DEPARTMENT ITEM AMOUNT
Atheneum Costs associated with HVAC repairs; exterior painting $73,000
Building Replacement of two (2) vehicles $32,000
Fire
Costs associated with replacement of overhead doors at
Siasconset Fire Station $25,000
Fire
Costs associated with renovation of fire alarm room at Siasconset
Fire Station $15,000
Fire Replacement of printer/copier/fax machine $10,000
Health Replacement of one (1) vehicle $16,000
HDC Replacement of one (1) vehicle $24,000
Page 12
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Marine & Coastal
Resources Town share of grant for stormwater drainage improvement project $30,000
Marine & Coastal
Resources Replacement of outboard motor for patrol boat $25,000
Marine & Coastal
Resources Replacement of one (1) vehicle $16,000
Our Island Home Replacement/upgrade of resident bathtubs $10,000
Our Island Home Costs associated with upgrade of hot water system $30,000
Our Island Home Costs associated with upgrade of nursing station/call system $30,000
Our Island Home Costs associated with replacement of window sashes $30,000
Park & Recreation
Purchase of Beach Mat (to replace wooden boardwalk) for Jetties
Beach $18,000
Park & Recreation Purchase of top dresser machine for resurfacing of playing fields $8,000
Park & Recreation Purchase of trailer $4,500
Park & Recreation Costs associated with completion of Skate Park on Backus Lane $50,000
Park & Recreation Replacement of one (1) vehicle $18,000
Police Costs associated with construction of dormer on Police Station $75,000
Police Costs associated with purchase of police vehicles $18,000
Public Works Replacement of one (1) dump truck $92,000
Public Works Replacement of one (1) vehicle $16,000
Public Works Replacement of culverts at mosquito ditch(s) in Madaket $50,000
Public Works Road improvements $200,000
Selectmen
Costs associated with exterior repairs to Town Building at 16
Broad Street $125,000
Selectmen
Costs associated with repairs/improvements to employee housing at
38 West Chester Street $85,000
Selectmen
Costs associated with planning in connection with establishment of
employee housing $75,000
TOTAL $1,200,500
And, to meet the appropriation for the above items, other than for the Marine and Coastal
Resources Department outboard motor and vehicle, that One Million One Hundred Fifty-nine
Thousand Five Hundred Dollars ($1,159,500) be raised and appropriated from the Fiscal Year
2008 tax levy and other general revenues of the Town; and that Forty-one Thousand Dollars
be appropriated from the Waterways Improvement Fund for the Marine and Coastal Resources
Department outboard motor and vehicle;
And, further, that the following capital expenditures for general fund departments for Fiscal
Year 2008; all such expenditures to be made by the Town Administrator with the approval of
the Board of Selectmen; and further the Town Administrator with the approval of the Board of
Selectmen is authorized to sell, convey, trade-in or otherwise dispose of equipment being
replaced, as follows:
Page 13
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
DEPARTMENT ITEM AMOUNT
Fire Replacement of 1992 fire engine (Engine 1) $450,000
Fire Replacement of ambulance $180,000
Marine &
Coastal Resources
Costs associated with construction of second story to existing
building at 34 Washington Street $200,000
School Costs associated with development of new playing fields $1,200,000
School NES building improvements $400,000
School CPS building improvements $350,000
School NHS building improvements $725,000
School
Costs associated with improvements to bus lanes and parking lots at
all
schools $250,000
Selectmen Costs associated with design of sidewalk on Quaker Road $25,000
Selectmen
Costs associated with construction of bicycle path on South Shore
Road $425,600
Selectmen
Costs associated with construction of bicycle path on Nobadeer
Farm Road $100,000
Selectmen Costs associated with further study of proposed bulk fuel facility $250,000
TOTAL $4,555,600
And to meet the appropriation for the above items, other than for the Fire Department
replacement ambulance, that the Treasurer of the Town, with the approval of the Board of
Selectmen, is hereby authorized to borrow Four Million Three Hundred Seventy-five Thousand
Six Hundred Dollars ($4,375,600) pursuant to any applicable statute, contingent upon passage
by ballot of a referendum question exempting the principal so borrowed and interest from the
limitations of Proposition 2½, so-called, (G.L. c. 59, s. 21C(k)), as a general obligation of the
Town; and, that One Hundred Eighty Thousand Dollars ($180,000) be appropriated from the
Ambulance Reserve Fund for the Fire Department replacement ambulance.
ARTICLE 11
(Appropriation: 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 following
Enterprise Funds of the Town of Nantucket for Fiscal Year 2008: Nantucket Memorial Airport,
Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid
Waste Enterprise, out of anticipated revenues of the designated funds, for the purposes set
forth above.
(Board of Selectmen for the Various Departments Indicated)
FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2008 operating
budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be
expended through the Siasconset Water Commission; the Wannacomet Water appropriation to
be expended through the Nantucket Water Commission; and the remaining appropriations to
be expended through the Board of Selectmen:
Page 14
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
FY 2008 FY 2008 FY 2008 FY 2007
FUND PAYROLL EXPENSES
TOTAL
BUDGET
TOTAL
BUDGET
Airport $3,954,946 $8,952,939 $12,907,885 $13,000,000
Sewer ( includes
Wastewater Treatment;
Collection & Disposal; and
Siasconset plant) $643,882 $2,856,843 $3,500,725 $2,609,908
Siasconset Water $111,060 $481,740 $592,800 $575,900
Solid Waste $64,800 $8,735,200 $8,800,000 $8,535,000
Wannacomet Water $1,084,450 $2,873,480 $3,957,930 $3,471,850
TOTAL $5,859,138 $23,900,202 $29,759,340 $28,192,658
Further, that the above appropriations be funded as follows:
FUND FUNDING SOURCES AMOUNTS
Airport FY 08 Anticipated Revenues $12,907,885
Sewer FY 08 Anticipated Revenues $3,500,725
Solid Waste FY 08 Retained Earnings $385,800
Solid Waste FY 08 Anticipated Revenues $5,493,000
Solid Waste FY 08 Tax Levy and Other General Revenue $2,716,000
Solid Waste Free Cash $205,200
Siasconset Water FY 08 Anticipated Revenues $592,800
Wannacomet Water FY 08 Anticipated Revenues $3,957,930
TOTAL FUNDING SOURCES $29,759,340
ARTICLE 12
(Appropriation: Enterprise Funds Capital Expenditures)
To see what sums the Town will vote to appropriate from the sources indicated below,
for the purposes of capital expenditures in Fiscal Year 2008 for the following Enterprise Funds
established under the jurisdiction of the Town of Nantucket: Nantucket Memorial Airport,
Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid
Waste Enterprise.
(Board of Selectmen for the Various Departments Indicated)
FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be
appropriated for the Enterprise Fund departments for Fiscal Year 2008 with the Airport
appropriations to be expended through the Airport Commission; the Sewer Enterprise and
Solid Waste Enterprise Fund appropriations to be expended by the Town Administrator with
the approval of the Board of Selectmen/Board of Public Works/Sewer Commissioners; the
Wannacomet Water Enterprise appropriations to be expended through the Nantucket Water
Commission; the Siasconset Water appropriations to be expended through the Siasconset
Water Commission:
DEPARTMENT ITEM AMOUNT
Airport Costs associated with improvements to Taxiway "E" $1,239,100
Airport
Costs associated with design and construction of
automation of parking lot $500,000
Page 15
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Airport Costs associated with air freight building rehabilitation $250,000
Airport Purchase of new airfield vehicles and equipment $265,000
Subtotal $2,254,100
Sewer
Costs associated with construction of Phase II
infiltration/inflow improvements in downtown Core
District $5,000,000
Sewer Replacement of one (1) dump truck $150,000
Subtotal $5,150,000
Solid Waste
Costs associated with construction of Phase II-B lined
landfill cell $650,000
Solid Waste
Purchase of replacement baler for Materials Recovery
Facility $350,000
Subtotal $1,000,000
Wannacomet Distribution system improvements $1,000,000
Wannacomet
Costs associated with construction of maintenance/
garage facility $250,000
Wannacomet
Costs associated with extension of water main on Milestone
Road/New South Road $600,000
Subtotal $1,850,000
TOTAL $10,254,100
And, to meet these appropriations, that the following funding sources be used:
FUNDING SOURCE AMOUNT
Airport Borrowing $2,254,100
Sewer Borrowing $5,150,000
Solid Waste Borrowing $1,000,000
Wannacomet Borrowing $1,350,000
Unexpended balance of Article 13 of 2005
ATM (Costs associated with replacement
of Cliff Road water main)/Wannacomet $500,000
TOTAL $10,254,100
Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is
authorized to borrow the sum of Two Million Two Hundred Fifty-four Thousand One Hundred
Dollars ($2,254,100) as a general obligation of the Town with the intent that any and all
repayments and debt service (if applicable) are to come from Airport revenues; that the
Treasurer of the Town with the approval of the Board of Selectmen is authorized to borrow the
sum of Five Million One Hundred Fifty Thousand Dollars ($5,150,000), as a general obligation
of the Town, with the intent that all repayments are to come from Sewer Enterprise revenues
and that all or any portion of such amount may be borrowed from the Massachusetts Water
Pollution Abatement Trust and/or the State Revolving Loan Fund pursuant to chapter 29C of
the general laws or any other source, or pursuant to any other applicable statute; that the
Treasurer of the Town is authorized to borrow the sum of One Million Dollars ($1,000,000), as
a general obligation of the Town, with the intent that all repayments are to come from the Solid
Waste Enterprise revenues; that the Treasurer of the Town with the approval of the Board of
Selectmen is authorized to borrow the sum of One Million Three Hundred Fifty Thousand
Page 16
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Dollars ($1,350,000), as a general obligation of the Town, with the intent that all repayments
and debt service are to come from Wannacomet Water revenues.
ARTICLE 13
(Enterprise Funds: Fiscal Year 2007 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of Fiscal Year
2007 Enterprise Fund operating budgets from other line items of said budgets and/or from
Enterprise Surplus Reserve Funds.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: The Finance Committee motion will be provided at the
Town Meeting.
ARTICLE 14
(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 2008, and to authorize the expenditure of these
funds for County purposes, all in accordance with the General Laws and in accordance with the
County Charter (Chapter 290, Acts of 1996), the sum of One Hundred Thousand Dollars
($100,000).
(Board of Selectmen/County Commissioners)
FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be
raised and appropriated from the Fiscal Year 2008 tax levy and other general revenues of the
Town to fund the Fiscal Year 2008 County assessment.
ARTICLE 15
(Appropriation: Finalizing Fiscal Year 2008 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 2008 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 c. 35, s. 32 of the General Laws of the
Commonwealth.
(Board of Selectmen/County Commissioners)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
Page 17
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County
Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed
the Fiscal Year 2008 budget for Nantucket County as adopted by the Nantucket County
Commissioners on January 24, 2007 and by the County Review Committee on February 15,
2007.
ARTICLE 16
(Rescind Unused Borrowing Authority)
To see what action the Town will vote to amend, appropriate or reappropriate,
transfer, modify, repeal or rescind unused borrowing authority authorized by previous town
meetings, or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the following unused borrowing authority is
hereby rescinded:
TYPE OF Original Bonded
Un-issued
&
ATM
Date Article/FY and Description FUNDING
Bond
Authorization Rescind
MEMORIAL AIRPORT
ATM
1998 VARIOUS AIRPORT IMPROVEMENTS Debt/Grants
1,910,130
954,717
955,413
ATM
2002 A13/2003 RUNWAY 6 ILS INSTALLATION Debt/Grants
1,000,000
-
1,000,000
ATM
2003 A14/2004 RUNWAY 6 LANDING SYSTEM Debt/Grants
300,000
12,000
288,000
ATM
2003 A14/2004 DESIGN AND REHAB RUNWAY 6 Debt/Grants
5,050,000
84,000
4,966,000
ATM
2004
A13/2005 RUNWAY 6 SUPPLEMENTAL
FUNDS Debt/Grants
2,557,400
2,557,400
Total RUNWAY 6 REHAB >>>>
8,907,400
96,000
8,811,400
ATM
2005 A72/2006 RE ACQUISITION DAISY WAY Debt
1,000,000
-
1,000,000
ATM
2006
A13/2007 SUPPLEMENTAL FUNDING
DAISY WAY Debt
400,000
-
400,000
Total RE ACQUISITION DAISY WAY >>>>
1,400,000
1,400,000
ATM
2000
A12/2001 PROFESSIONAL SERVICES
DORM H Debt
50,000
-
50,000
ATM
2002 A13/2003 EMPLOYEE HSING Design Debt
100,000
100,000
TOTAL MEMORIAL AIRPORT
12,367,530
11,316,813
GENERAL FUND
ATM
2004
A10/2005 ACQUISITION COSTS 1
NORWOOD ST. Debt
350,000
315,000
35,000
ATM
2000 A22/2001 25 FEDERAL BATHROOMS Debt
140,000
140,000
TOTAL GENERAL FUND >>>>
490,000
175,000
GRAND TOTAL >>>>
12,857,530
11,491,813
Page 18
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 17
(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, s. 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 in relation thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Two Hundred Thirty-one Thousand Four
Hundred Dollars ($231,400) be appropriated from the current proceeds of the Ferry
Embarkation Fee in the Treasury of the Town to be spent by the Police Department with the
approval of the Town Administrator for officers deployed for traffic control.
ARTICLE 18
(Appropriation: Collective Bargaining Agreement/
Our Island Home)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
Year 2007 in a collective bargaining contract between the Town of Nantucket (represented by
the Board of Selectmen) and the Our Island Home union employees (represented by the
Service Employees International Union Local #1199) in accordance with Chapter 150E of the
General Laws of the Commonwealth, and to amend the Town’s classification and
compensation plan accordingly to reflect such contract, or take any other action in relation
thereto.
(Board of Selectmen)
FINANCE COMMITTEE: The Finance Committee motion will be provided at the Town
Meeting.
ARTICLE 19
(Appropriation: Collective Bargaining Agreement/Airport)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
Year 2008 in a collective bargaining contract between the Town of Nantucket (represented by
the Airport Commission) and the Airport union employees (represented by the Massachusetts
Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s
International Union of North America, Local 1060) in accordance with Chapter 150E of the
General Laws of the Commonwealth, and to amend the Town’s classification and
Page 19
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
compensation plan accordingly to reflect such contract, or take any other action in relation
thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: The Finance Committee motion will be provided at the
Town Meeting.
ARTICLE 20
(Appropriation: Collective Bargaining Agreement/Wannacomet Water)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal
Year 2008 in a collective bargaining contract between the Town of Nantucket (represented by
the Nantucket Water Commission) and the Wannacomet Water union employees (represented
by the Utility Workers of America, AFL-CIO, Local Union #359) in accordance with Chapter
150E of the General Laws of the Commonwealth, and to amend the Town’s classification and
compensation plan accordingly to reflect such contract, or take any other action in relation
thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Three Hundred Four Thousand Six Hundred
Thirty-two Dollars ($304,632) be raised and appropriated from the Fiscal Year 2008 revenues
of the Wannacomet Water Enterprise Fund to fund the cost items for Fiscal Year 2008 in a
collective bargaining contract between the Town of Nantucket (represented by the Nantucket
Water Commission) and the Wannacomet Water union employees (represented by the Utility
Workers of America, AFL-CIO, Local Union #359) in accordance with Chapter 150E of the
General Laws of the Commonwealth, and to amend the Town’s classification and
compensation plan accordingly to reflect such contract.
ARTICLE 21
(Appropriation: Community Preservation Committee)
To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2008 Community Preservation Budget and to appropriate or
reserve for later appropriation monies from 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
Open Space Conservation
Nantucket Conservation Foundation
University of Massachusetts Field Station Purchase $300,000
Nantucket Land Council, Inc.
270 Pristine Acres from Madaket Rd. to Eel Point Rd.
(Conservation Restriction)
$300,000
Prospect Hill Cemetery Association
Preservation & Restoration of E.B. Lewis Cemetery $25,000
Page 20
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Purpose Amount
Nantucket Park and Recreation Commission
Tom Nevers Swing Set $2,200
Skate Board Park Phase IV – In Ground Portion $150,000
Youth Fields, West $400,000
Subtotal
1,177,200
Community Housing
Board of Selectmen, Town of Nantucket
2 Fairgrounds Road Housing $75,000
Nantucket Housing Office
Scattered Site Community Housing Rental Program: Housing Recycling
$175,000
Nantucket Housing Office – Year Six $155,000
Subtotal
$450,000
Historic Resources
Artist’s Association of Nantucket
AAN Permanent Collection Archiving & Restoration $7,830
Cemetery Commission Workgroup, Town of Nantucket
Nantucket Cemeteries Restoration Project – Phase I $61,500
First Congregational Church of Nantucket
First Congregational Church Preservation Project $300,000
Nantucket Historical Association
Greater Light Residence Restoration Project $400,000
Nantucket Preservation Trust
Nantucket National Historic Landmark District Update $85,000
Two Center Street Restoration Project, Inc.
Restoration of the Historic Methodist Church Building $160,000
Sconset Trust, Inc.
Preservation of Sankaty Head Lighthouse $300,000
Subtotal
$1,314,330
Administrative
Community Preservation Committee
Administrative and Operating Expenses $93,211
Subtotal
$93,211
TOTAL
$3,034,741
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY2008 Community Preservation Surcharge
$1,526,000
From State matching funds for FY2007, to be received in FY 2008
$1,350,000
From undesignated reserve fund balance $158,741
Total Revenues $3,034,741
Page 21
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
for Fiscal Year 2008 Community Preservation Purposes with each item considered a
separate appropriation to be spent by the Community Preservation Committee.
Provided, however, that the above expenditures are conditional upon the recording of
appropriate historic preservation restrictions for historic resources; open space restrictions for
open space 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 L. Beaugrand, et al)
FINANCE COMMITTEE: Moved not to adopt the Article.
ARTICLE 22
(Appropriation: Community Preservation Committee)
To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2008 Community Preservation Budget and to appropriate or
reserve for later appropriation monies from 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
Open Space Conservation
Nantucket Conservation Foundation
University of Massachusetts Field Station Purchase $300,000
Nantucket Land Council, Inc.
270 Pristine Acres from Madaket Rd. to Eel Point Rd.
(Conservation Restriction)
$300,000
Prospect Hill Cemetery Association
Preservation & Restoration of E.B. Lewis Cemetery $25,000
Nantucket Park and Recreation Commission
Tom Nevers Swing Set $2,200
Skate Board Park Phase IV – In Ground Portion $150,000
Youth Fields, West $400,000
Subtotal
1,177,200
Community Housing
Board of Selectmen, Town of Nantucket
2 Fairgrounds Road Housing $75,000
Nantucket Housing Office
Scattered Site Community Housing Rental Program: Housing Recycling
$175,000
Nantucket Housing Office – Year Six $155,000
Nantucket Interfaith Council
Nantucket Rental Assistance Program $45,000
Subtotal
$450,000
Page 22
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Purpose Amount
Historic Resources
Artist’s Association of Nantucket
AAN Permanent Collection Archiving & Restoration $7,830
Cemetery Commission Workgroup, Town of Nantucket
Nantucket Cemeteries Restoration Project – Phase I $61,500
First Congregational Church of Nantucket
First Congregational Church Preservation Project $300,000
Nantucket Historical Association
Greater Light Residence Restoration Project $400,000
Nantucket Preservation Trust
Nantucket National Historic Landmark District Update $85,000
Two Center Street Restoration Project, Inc.
Restoration of the Historic Methodist Church Building $160,000
Sconset Trust, Inc.
Preservation of Sankaty Head Lighthouse $300,000
Subtotal
$1,314,330
Administrative
Community Preservation Committee
Administrative and Operating Expenses $93,211
Subtotal
$93,211
TOTAL
$3,034,741
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY2008 Community Preservation Surcharge
$1,526,000
From State matching funds for FY2007, to be received in FY 2008
$1,350,000
From undesignated reserve fund balance $158,741
Total Revenues $3,034,741
for Fiscal Year 2008 Community Preservation Purposes with each item considered a
separate appropriation to be spent by the Community Preservation Committee.
Provided, however, that the above expenditures are conditional upon the recording of
appropriate historic preservation restrictions for historic resources; open space restrictions for
open space resources, recreation 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.
(Board of Selectmen for Community Preservation Committee)
BOARD OF SELECTMEN COMMENT: The citizen petition submitted by the Community
Preservation Committee inadvertently omitted one item (Community Housing/Nantucket Rental
Page 23
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Assistance Program, $45,000). At the Committee’s request, the Board of Selectmen included
this corrected article. The totals did not change.
FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved
for later appropriation from the Community Preservation Fund Fiscal Year 2008 revenues or
other available funds as indicated herein, for the administrative and operating expenses of the
Community Preservation Committee, the undertaking of community preservation projects and
all other necessary and proper expenses, for Fiscal Year 2008 community preservation
purposes as set forth herein, with each item considered a separate appropriation to be spent
by the Community Preservation Committee with the approval of the Board of Selectmen:
Purpose Amount
Open Space Conservation
Nantucket Conservation Foundation
University of Massachusetts Field Station Purchase $300,000
Nantucket Land Council, Inc.
270 Pristine Acres from Madaket Rd. to Eel Point Rd.
(Conservation Restriction)
$300,000
Prospect Hill Cemetery Association
Preservation & Restoration of E.B. Lewis Cemetery $25,000
Nantucket Park and Recreation Commission
Tom Nevers Swing Set $2,200
Skate Board Park Phase IV – In Ground Portion $150,000
Youth Fields, West $400,000
Subtotal
1,177,200
Community Housing
Board of Selectmen, Town of Nantucket
2 Fairgrounds Road Housing $75,000
Nantucket Housing Office
Scattered Site Community Housing Rental Program: Housing Recycling
$175,000
Nantucket Housing Office – Year Six $155,000
Nantucket Interfaith Council
Nantucket Rental Assistance Program $45,000
Subtotal
$450,000
Historic Resources
Artist’s Association of Nantucket
AAN Permanent Collection Archiving & Restoration $7,830
Cemetery Commission Workgroup, Town of Nantucket
Nantucket Cemeteries Restoration Project – Phase I $61,500
First Congregational Church of Nantucket
First Congregational Church Preservation Project $300,000
Nantucket Historical Association
Greater Light Residence Restoration Project $400,000
Nantucket Preservation Trust
Nantucket National Historic Landmark District Update $85,000
Two Center Street Restoration Project, Inc.
Restoration of the Historic Methodist Church Building $160,000
Sconset Trust, Inc.
Preservation of Sankaty Head Lighthouse $300,000
Page 24
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Purpose Amount
Subtotal
$1,314,330
Administrative
Community Preservation Committee
Administrative and Operating Expenses $93,211
Subtotal
$93,211
TOTAL
$3,034,741
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY2008 Community Preservation Surcharge
$1,526,000
From State matching funds for FY2007, to be received in FY 2008
$1,350,000
From undesignated reserve fund balance $158,741
Total Revenues $3,034,741
Provided, however, that the above expenditures are conditional upon the recording of
appropriate historic preservation restrictions for historic resources; open space restrictions for
open space resources; recreation 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 c.
184 of the General Laws pursuant to s. 12 of the Community Preservation Act.
ARTICLE 23
(Appropriation: Municipal Electric Aggregate)
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 funding a
Nantucket municipal electric aggregate; and, to take any other action as may be relative
thereto.
(Board of Selectmen for Energy Study Committee)
Board of Selectmen Comment: It is the intent of the Board that this appropriation, if approved
by Town Meeting, be contingent upon passage by ballot of an override referendum question
exempting the amount voted from the limitations of Proposition Two and One-half so-called.
FINANCE COMMITTEE MOTION: Moved that Thirty-five Thousand Dollars ($35,000) be
appropriated from the Fiscal Year 2008 tax levy and other general revenues of the Town to
fund a report of options for the operational structure of the municipal aggregate to be expended
at the direction of the Town Administrator.
FINANCE COMMITTEE COMMENT: While the Committee endorses the concept of a
municipal aggregate, more research and planning is necessary in order to establish the
structure under which the aggregate would operate.
Page 25
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 24
(Land Bank Financing)
To see if the Town will vote to pledge the full faith and credit of the Town pursuant to
Chapter 669 of the Acts of 1983, as amended, to secure the principal of and interest on bonds
or notes of the Nantucket Islands Land Bank to be issued (a) to finance the acquisition by
purchase, eminent domain or otherwise by the Land Bank Commission of land or interests in
land for the purposes of the Land Bank and (b) to fund any debt service reserve or reserves
that may be required in connection with such financing; provided that the amount of such
bonds or notes of the Land Bank guaranteed by the Town pursuant to any vote passed under
this article shall be in addition to amounts of Land Bank indebtedness that the Town has
previously agreed to guarantee; or, to take any other action as may be related thereto.
(Board of Selectmen for Nantucket Islands Land Bank Commission)
FINANCE COMMITTEE MOTION: Moved that the Nantucket Islands Land Bank Commission
be hereby authorized to pledge the full faith and credit of the Town of Nantucket pursuant to
section 4 and 4B of Chapter 669 of the Acts of 1983, as amended, to secure the principal of
and interest on $35,000,000 bonds or notes to be issued by the Nantucket Islands Land Bank
(a) to pay for the acquisition by purchase, eminent domain or otherwise by the said
Commission of land or interests in land for the purposes of the Land Bank, (b) to refund all or a
portion of the outstanding amounts of any prior Land Bank borrowings, and (c) to fund any debt
service reserve or reserves that may be required in connection with such financing; provided
however that, such pledge shall not issue unless or until a memorandum of understanding be
executed by and between the Board of Selectmen of the Town of Nantucket and Land Bank
Commission regarding such terms and conditions that will implement the intent that the
principal and interest obligations be repaid from Land Bank revenues, that will operate towards
minimizing the likelihood of that a certification pursuant to Section 4C of the Land Bank Act
would issue to the Town of Nantucket, that will provide for the eventual reimbursement of the
town should the town be required to pay such amounts pursuant to the pledge, that will further
implement Section 4C of the Act, together with such other terms as the Board of Selectman
and the Land Bank Commission shall determine; and, provided further that the amount of such
bonds or notes of the Land Bank guaranteed by the Town shall be in addition to amounts of
Land Bank indebtedness that the Town has previously agreed to guarantee.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 25
(Zoning Bylaw Amendment: Establishment of Harbor Overlay (HOD) Zoning District)
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):
1. § 139-12. Overlay Districts Flood Hazard FHD, Public Well Recharge PWR, Multifamily
(MF), Neighborhood Employee Housing (NEHOD), Dormitory Overlay District (DOD), Country
Overlay District (COD) and Town Overlay District (TOD), Harbor Overlay District (HOD).
Page 26
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
H. Harbor Overlay District (HOD).
(1) The Harbor Overlay District shall be located as depicted on the map entitled “Harbor
Overlay District,” dated December 29, 2006 incorporated by reference and made a part
hereof. The district as shown on said map shall be considered an overlay district to be
superimposed on the Zoning Map of Nantucket, Massachusetts.
(2) The purposes of the Harbor Overlay District are to ensure that (1) existing water-dependent
uses are not displaced by nonwater-dependent uses; (2) harbor waters and the immediate
shoreline and pier areas are dedicated to water-dependent uses; (3) commercial uses
allowed by the underlying district regulations are compatible with, support, or otherwise do
not interfere with water-dependent uses of the site; (4) visual access is maintained or
improved; (4) historic architectural working waterfront character is maintained and
enhanced; and (5) conversion of commercial space to residential use is limited.
The purpose of the Harbor Overlay District shall be considered by the Planning Board or
Zoning Board of Appeals when reviewing an application for a proposed new use or a
modification or an expansion of a use subject to site plan approval or special permit.
(3) Uses allowed or permitted in this overlay district are the same as those uses allowed or
permitted in the underlying zones except as may be modified by the following:
(a) No new use or expansion of an existing use shall
(1) displace or significantly disrupt an existing water-dependent use with a nonwater-
dependent use;
(2) locate a nonwater-dependent use on shorefront land so as to unreasonably diminish
the capacity of the site to accommodate water-dependent use
(3) reduce existing public access.
(b) new residential uses allowed only on upper floors of new structures and not on pile-
supported structures over coastal waters or in structures within 25 feet of the mean high
water line.
(c) new uses or modifications of existing uses shall consist of or include the following water-
dependent uses and/or uses accessory to these water-dependent uses.
Recreational boating-related: berthing available for patronage by the general public on a
seasonal or transient basis; boat ramp or other public boating access facilities; boat
haul-out facilities; boat repair and maintenance or waterfront facilities associated with
inland sites providing these services; launch service; fuel and pump-out services;
upland boat storage; services such as ice, laundry, bait, provisions; businesses such as
ship chandlery, fishing outfitter; parking.
Commercial fishing related: berthing; loading/unloading areas; gear storage facilities;
parking; seafood wholesaler, retail fish market.
Commercial charter boat: berthing, support facilities.
Waterfront public access and amenities (as an enhancement to all other uses, except
where water-dependent operations would present a safety concern): public restrooms,
seating.
Passenger and cargo ferry pier and facilities
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
4. On shorefront land, new structures for nonwater-dependent uses shall not be located within
25 feet of the mean high water line or cover more than 50 percent of the parcel.
5. The following uses are prohibited in the Harbor Overlay District:
Cruise ship terminals or support facilities and services
Personal watercraft rental
Recreational boat berths for long-term exclusive occupancy or whose use is contingent
upon ownership or occupancy of a residence or other nonwater-dependent facility.
2. §139-3E. Overlay districts.
District Abbreviation
Public Wellhead Recharge PWR
Flood Hazard FHD
Multifamily MF
Neighborhood Employee NEHOD
Housing
Dormitory DOD
Country COD
Town TOD
Harbor HOD
3. §139-2. Definitions and word usage.
Water-dependent Use — Uses and facilities that require direct access to or location in coastal
waters and which therefore cannot be located inland, including uses that provide general public
access to those waters.
Or, to take any other action as may be related thereto.
(Board of Selectmen)
PLANNING BOARD MOTION: Moved that this article be referred (remanded) to the Harbor
Plan Study Committee for the purposes of clarifying language contained therein and that the
revised article be resubmitted to the next available Town Meeting.
PLANNING BOARD COMMENT: Although the Planning Board fully supports the efforts of the
Harbor Plan Study Committee (HPSC) and notes the significant work accomplished to date, it
is concerned that there is problematic and poorly defined language that must be refined, and
that further consideration be given to the article’s impact on residential uses within the
proposed district. The Board urges the resolution of any outstanding issues by the HPSC to the
best of their ability in the interim so that the policy issues of the proposed Overlay District can
be fairly framed and debated by Town Meeting. The Planning Board prints the revised article
as a courtesy so that Town Meeting voters may understand changes suggested by the
Planning Board at the close of its public hearing on this article on March 5, 2007. The Planning
Board cautions that additional changes may be required. These suggested revisions were
made in response to comments by the public, staff and Planning Board members.
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
(NOTE: new language of the original article is shown as highlighted text, language to be
deleted in the original article is shown by strikeout; Planning Board suggested language to be
deleted is shown in double-strikeout; new language of the original article is shown as
highlighted text; Planning Board suggested new language is shown as highlighted text in bold;
these methods to denote changes are not meant to become part of the final text):
1. § 139-12. Overlay Districts Flood Hazard FHD, Public Well Recharge PWR, Multifamily
(MF), Neighborhood Employee Housing (NEHOD), Dormitory Overlay District (DOD), Country
Overlay District (COD) and Town Overlay District (TOD), Harbor Overlay District (HOD).
H. Harbor Overlay District (HOD).
(1) The Harbor Overlay District shall be located as depicted on the map entitled “Harbor
Overlay District,” dated December 29, 2006 March 2007 incorporated by reference and
made a part hereof. The district as shown on said map shall be considered an overlay
district to be superimposed on the Zoning Map of Nantucket, Massachusetts.
(2) The purposes of the Harbor Overlay District are to ensure that (1) existing water-dependent
uses are not displaced by nonwater-dependent uses; (2) harbor waters and the immediate
shoreline and pier areas are dedicated to water-dependent uses; (3) commercial uses
allowed by the underlying district regulations are compatible with, support, or otherwise do
not interfere with water-dependent uses of the site; (4) visual access is maintained or
improved; (4) historic architectural working waterfront character is maintained and
enhanced; and (54) conversion of commercial space to residential use is limited.
The purpose of the Harbor Overlay District shall be considered by the Planning Board or
Zoning Board of Appeals when reviewing an application for a proposed new use or a
modification or an expansion of a use subject to site plan approval or special permit.
(3) Uses allowed or permitted in this overlay district are the same as those uses allowed or
permitted in the underlying zones except as may be modified by the following:
(a) No new use or expansion of an existing use shall
(1) displace or significantly disrupt an existing water-dependent use with a nonwater-
dependent use;
(2) locate a nonwater-dependent use on shorefront land so as to unreasonably diminish
the capacity of the site to accommodate water-dependent use
(3) reduce impede or infringe upon existing public access.
(b) new residential uses allowed only on upper floors of new structures and not on pile-
supported structures over coastal waters or in structures within 25 feet of the mean high
water line.
(c) new uses or modifications of existing uses structures on shorefront land shall consist of
or include the following water-dependent uses and/or uses accessory to these water-
dependent uses as appropriate to the site.
(d) subsections (c ) and (d) above do not pertain to structural alterations or reconstruction of
existing residences as long a such alteration or reconstruction does not increase the
structure’s footprint or provide for the structure’s use for a different purpose.
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Recreational boating-related: berthing available for patronage by the general public on a
seasonal or transient basis commercial marina; boat ramp or other public boating
access facilities; boat haul-out facilities; boat repair and maintenance or waterfront
facilities associated with inland sites providing these services; launch service; fuel and
pump-out services; upland boat storage; services such as ice, laundry, bait, provisions;
businesses such as ship chandlery, fishing outfitter; parking.
Commercial fishing related: berthing; loading/unloading areas; gear storage facilities;
parking; seafood wholesaler, retail fish market.
Commercial charter boat: berthing, support facilities.
Waterfront public access and amenities (as an enhancement to all other uses, except
where water-dependent operations would present a safety concern): public restrooms,
seating.
Passenger and cargo ferry pier and facilities
4. Additional requirements within the HOD
(a) Notwithstanding the provisions of § 139-23H(3) and 139-23I, all new commercial uses
or expansions of commercial uses that entail an expansion of the building footprint or
parking and circulation improvements (excluding handicap ramps and signage), and
which are not otherwise subject to major site plan review, shall be subject to minor site
plan review by the Director of Planning designated by the Planning Board for site plan
review purposes, and such professional planning staff to whom the Director of Planning
shall delegate this responsibility, for all uses and expansions up to, and including, 3,999
square feet of gross commercial floor area (including roofed over area).
(b) The Planning Board shall be the special permit granting authority for all commercial
uses requiring a special permit within the HOD.
(c) In reviewing a use or expansion requiring either a minor or major site plan review within
the HOD, the Planning Board and/or the Director of Planning or his designee shall make
a determination that the proposed use or improvements are generally consistent with
site plan review standards contained in § 139-23, and with the standards set forth in §
139-12H.
45. On shorefront land, new structures for nonwater-dependent uses shall not be located within
25 feet of the mean high water line or cover more than 50 percent of the parcel.
56. The following uses are prohibited in the Harbor Overlay District:
Cruise ship terminals or support facilities and services
Personal watercraft rental
Private docks
Recreational boat berths for long-term exclusive occupancy or whose use is contingent
upon ownership or occupancy of a residence or other nonwater-dependent facility.
2. §139-3E. Overlay districts.
District Abbreviation
Public Wellhead Recharge PWR
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Flood Hazard FHD
Multifamily MF
Neighborhood Employee NEHOD
Housing
Dormitory DOD
Country COD
Town TOD
Harbor HOD
3. §139-2. Definitions and word usage.
Water-dependent Use — Uses and facilities that require direct access to or location in coastal
waters and which therefore cannot be located inland, including uses that provide general public
access to those waters.
Personal Watercraft — A small vessel of less than 16 feet in length which uses an inboard
motor powering a waterjet pump or a propeller as its primary source of motive power and that
is designed to be operated by a person sitting, standing or kneeling on the vessel rather than
the conventional manner of sitting or standing inside a vessel. This term includes jet skis, wet
bikes and surf jets.
ARTICLE 26
(Zoning Map Change: Harbor Overlay District – Vicinity of Nantucket Harbor)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing
the following properties into the Harbor Overlay District:
MAP A B PARCEL NUMBER STREET
42 4 2 17 29 EASY ST
42 2 3 21 90 WASHINGTON ST
42 2 3 2 34 WASHINGTON ST
42 2 3 11 56 WASHINGTON ST
42 2 3 15 68 WASHINGTON ST
42 2 3 16 70 WASHINGTON ST
42 2 3 1 32 WASHINGTON ST
42 2 3 3 36 WASHINGTON ST
42 2 3 4 38 WASHINGTON ST
42 2 3 5 40 WASHINGTON ST
42 2 3 6 42 WASHINGTON ST
42 2 3 7 44 WASHINGTON ST
42 2 3 9 54 WASHINGTON ST
42 2 3 38 60 WASHINGTON ST
42 2 3 14 66 WASHINGTON ST
42 2 3 17 72 WASHINGTON ST
42 2 3 18 74 WASHINGTON ST
42 2 3 19 76 WASHINGTON ST
42 2 3 20 80B WASHINGTON ST
42 2 3 22 92 WASHINGTON ST
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
MAP A B PARCEL NUMBER STREET
42 2 4 1 STRAIGHT WF
42 2 4 15 STRAIGHT WF
42 2 4 9 15 COMMERCIAL WF
42 2 4 10 13 COMMERCIAL WF
42 2 4 6 21 COMMERCIAL WF
42 2 4 7 17 COMMERCIAL WF
42 2 4 4 25 COMMERCIAL WF
42 2 4 5 23 COMMERCIAL WF
42 2 4 8 NEW WHALE ST
42 2 4 2 OLD SOUTH WF
42 2 4 14 11 NEW WHALE ST
42 2 4 11 12 NEW WHALE ST
42 2 4 3 29 COMMERCIAL WF
42 3 1 24
42 3 1 82 7 OLD NORTH WF
42 3 1 136 6 STRAIGHT WF
42 3 1 135 2 STRAIGHT WF
42 3 1 257 24 OLD NORTH WF
42 3 1 28 21 OLD NORTH WF
42 3 1 85 18 STILL DOCK
42 3 1 83 10 STILL DOCK
42 3 1 81 4 STILL DOCK
42 3 1 138 12 STRAIGHT WF
42 3 1 26 15 OLD NORTH WF
42 3 1 86 20 STRAIGHT WF
42 3 1 139 16 STRAIGHT WF
42 3 1 80 1 OLD NORTH WF
42 3 1 256 22 OLD NORTH WF
42 3 1 255 20 OLD NORTH WF
42 3 1 262 25 OLD NORTH WF
42 3 1 254 18 OLD NORTH WF
42 3 1 253 16 OLD NORTH WF
42 3 1 252 14 OLD NORTH WF
42 3 1 225 23 OLD NORTH WF
42 3 1 251 12 OLD NORTH WF
42 3 1 23 10 OLD NORTH WF
42 3 1 20
42 3 1 17 7 EASY ST
42 3 1 19 6 OLD NORTH WF
42 3 1 18 4 OLD NORTH WF
42 3 1 18 4 OLD NORTH WF
42 3 1 27 17 OLD NORTH WF
42 3 1 84 14B STILL DOCK
42 3 1 137 10 STRAIGHT WF
42 3 1 35 1 NEW WHALE ST
42 3 1 38 3 COMMERCIAL ST
42 3 2 23.3 30B WASHINGTON ST
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
MAP A B PARCEL NUMBER STREET
42 3 2 22 24 WASHINGTON ST
42 3 2 23 26 WASHINGTON ST
42 3 2 23.1 28 WASHINGTON ST
42 3 2 23.2 30A WASHINGTON ST
42 4 1 22 46 EASTON ST
42 4 1 21 42 EASTON ST
42 4 1 23 50 EASTON ST
42 4 2 101 1 STEAMBOAT WF
42 4 2 20 21 EASY ST
42 4 2 18 27 EASY ST
42 4 2 13 27 STEAMBOAT WF
42 4 2 10 1 S BEACH ST
42 4 2 11 1 S BEACH ST
42 4 2 9 15 HARBOR VIEW WY
42 4 2 57 5 S BEACH ST
42 4 2 8 3 HARBOR VIEW WY
42 4 2 57.1 15 S BEACH ST
42 4 2 7 11 S BEACH ST
42 4 2 58 9 S BEACH ST
42 4 2 12 1 S BEACH ST
42 4 2 14 1 STEAMBOAT WF
42 4 2 15 13A WILLARD ST
42 4 2 16 31 EASY ST
55 1 4 8 96 WASHINGTON ST
All as shown on a map entitled “Proposed Harbor Overlay District in Nantucket Harbor,”
Appendix 2, Revised Nantucket & Madaket Harbors Action Plan, dated 29 December 2006 and
on file at the office of the Town Clerk; or, to take any other action as may be related thereto.
(Board of Selectmen)
PLANNING BOARD MOTION: Moved that this article be referred (remanded) to the Harbor
Plan Study Committee for the purposes of refining the map and that a revised article be
resubmitted to the next available Town Meeting.
PLANNING BOARD COMMENT: Although the Planning Board fully supports the efforts of the
Harbor Plan Study Committee and notes the significant work accomplished to date, it is
concerned that the map be revised to eliminate parcels that have no direct harbor access and
consider other changes involving residentially-used property. The Planning Board prints the
suggested deletions/corrections as a courtesy so that Town Meeting voters may understand
the suggested changes of the Board as of the close of its public hearing on this article on
March 5, 2007. These revisions were made in response to comments by the public, staff and
Board members.
(NOTE: Planning Board suggested language to be deleted is shown in double-strikeout;
Planning Board recommended new language is shown as highlighted text in bold; these
methods to denote changes are not meant to become part of the final text):
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the
following properties into the Harbor Overlay District:
MAP A B PARCEL NUMBER STREET
42 4 2 17 29 EASY ST
42 2 3 21 90 WASHINGTON ST
42 2 3 2 34 WASHINGTON ST
42 2 3 11 56 WASHINGTON ST
42 2 3 15 68 WASHINGTON ST
42 2 3 16 70 WASHINGTON ST
42 2 3 1 32 WASHINGTON ST
42 2 3 3 36 WASHINGTON ST
42 2 3 4 38 WASHINGTON ST
42 2 3 5 40 WASHINGTON ST
42 2 3 6 42 WASHINGTON ST
42 2 3 7 44 WASHINGTON ST
42 2 3 9 54 WASHINGTON ST
42 2 3 38 60 WASHINGTON ST
42 2 3 14 66 WASHINGTON ST
42 2 3 17 72 WASHINGTON ST
42 2 3 18 74 WASHINGTON ST
42 2 3 19 76 WASHINGTON ST
42 2 3 20 80B WASHINGTON ST
42 2 3 22 92 WASHINGTON ST
42 2 4 1 STRAIGHT WF
42 2 4 15 STRAIGHT WF
42 2 4 9 15 COMMERCIAL WF
42 2 4 10 13 COMMERCIAL WF
42 2 4 6 21 COMMERCIAL WF
42 2 4 7 17 COMMERCIAL WF
42 2 4 4 25 COMMERCIAL WF
42 2 4 5 23 COMMERCIAL WF
42 2 4 8 NEW WHALE ST
42 2 4 2 OLD SOUTH WF
42 2 4 14 11 NEW WHALE ST
42 2 4 11 12 NEW WHALE ST
42 2 4 3 29 COMMERCIAL WF
42 3 1 24 11 OLD NORTH WF
42 3 1 82 7 OLD NORTH WF
42 3 1 136 6 STRAIGHT WF
42 3 1 135 2 STRAIGHT WF
42 3 1 257 24 OLD NORTH WF
42 3 1 28 21 OLD NORTH WF
42 3 1 85 18 STILL DOCK
42 3 1 83 10 STILL DOCK
42 3 1 81 4 STILL DOCK
42 3 1 138 12 STRAIGHT WF
42 3 1 26 15 OLD NORTH WF
42 3 1 86 20 STRAIGHT WF
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
MAP A B PARCEL NUMBER STREET
42 3 1 139 16 STRAIGHT WF
42 3 1 80 1 OLD NORTH WF
42 3 1 256 22 OLD NORTH WF
42 3 1 255 20 OLD NORTH WF
42 3 1 262 25 OLD NORTH WF
42 3 1 254 18 OLD NORTH WF
42 3 1 253 16 OLD NORTH WF
42 3 1 252 14 OLD NORTH WF
42 3 1 225 23 OLD NORTH WF
42 3 1 251 12 OLD NORTH WF
42 3 1 23 10 OLD NORTH WF
42 3 1 20 8 OLD NORTH WF
42 3 1 17 7 EASY ST
42 3 1 19 6 OLD NORTH WF
42 3 1 18 4 OLD NORTH WF
42 3 1 18 4 OLD NORTH WF
42 3 1 27 17 OLD NORTH WF
42 3 1 84 14B STILL DOCK
42 3 1 137 10 STRAIGHT WF
42 3 1 35 1 NEW WHALE ST
42 3 1 38 3 COMMERCIAL ST
42 3 2 23.3 30B WASHINGTON ST
42 3 2 22 24 WASHINGTON ST
42 3 2 23 26 WASHINGTON ST
42 3 2 23.1 28 WASHINGTON ST
42 3 2 23.2 30A WASHINGTON ST
42 4 1 22 46 EASTON ST
42 4 1 21 42 EASTON ST
42 4 1 23 50 EASTON ST
42 4 2 101 1 STEAMBOAT WF
42 4 2 20 21 EASY ST
42 4 2 18 27 EASY ST
42 4 2 13 27 STEAMBOAT WF
42 4 2 10 1 S BEACH ST
42 4 2 11 1 S BEACH ST
42 4 2 9 15 HARBOR VIEW WY
42 4 2 57 5 S BEACH ST
42 4 2 8 3 HARBOR VIEW WY
42 4 2 57.1 15 S BEACH ST
42 4 2 7 11 S BEACH ST
42 4 2 58 9 S BEACH ST
42 4 2 12 1 S BEACH ST
42 4 2 14 1 STEAMBOAT WF
42 4 2 15 13A WILLARD BROAD ST
42 4 2 16 31 EASY ST
55 1 4 8 96 WASHINGTON ST
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 27
(Zoning Map Change: Harbor Overlay District – Vicinity of Madaket Harbor)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing
the following properties into the Harbor Overlay District:
MAP A B PARCEL NUMBER STREET
60 17 20 LITTLE NECK WY
59 4 2 MADAKET
38 15 20 N CAMBRIDGE ST
38 14 16 N CAMBRIDGE ST
All as shown on the map entitled “Proposed Overlay District in Madaket Harbor,” Appendix 2,
Revised Nantucket & Madaket Harbors Action Plan, dated 29 December 2006 and on file at the
office of the Town Clerk; or, to take any other action as may be related thereto.
(Board of Selectmen)
PLANNING BOARD MOTION: Moved that this article be referred (remanded) to the Harbor
Plan Study Committee pending the outcome of a revision to the Harbor Overlay District and
that the article be resubmitted to the next available Town Meeting.
ARTICLE 28
(Zoning Bylaw Amendment: Island Perimeter Restrictions)
To see if the Town will vote to amend Chapter 139 (Zoning), § 22 (Island perimeter
restrictions) 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):
§ 139-22. Island perimeter restrictions.
B. In all districts except the Residential Commercial District Except as otherwise provided
in paragraphs C, D and E of this Section 139-22, the construction of new docks and
piers and wharves, including extensions of new or enlarged docks, piers or wharves, the
extension of existing docks, piers or wharves, and the addition or creation of new
appurtenant structures (defined as floats or ramps) for existing docks, piers or wharves
is prohibited for shorefront land in all districts, except those docks, wharves and piers
approved by the Nantucket Conservation Commission in the former Residential
Commercial District as of April 30, 1992 April 11, 2005, and/or future docks, wharves
and piers of governmental or public entities. Nothing in this section 139-22 shall prohibit
nor regulate the repair, maintenance or replacement of any lawfully existing dock, pier or
wharf lawfully existing as of April 30, 1992, so long as such dock, pier or wharf is not
extended nor any new appurtenant structures are added thereto.
C. Temporary moratorium on new docks, piers, and wharves in the RC District.
Notwithstanding the provisions of Subsection B above, no new docks, piers, and
wharves, including extensions of new or enlarged docks, piers and wharves, the
extension of existing docks, piers or wharves, and the addition or creation of new
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
appurtenant structures (defined as floats or ramps) for existing docks, piers or wharves
shall be constructed in the RC District, except those docks, wharves and piers approved
by the Nantucket Conservation Commission as of April 11, 2005, and/or future docks,
wharves and piers of governmental or public entities. Nothing herein shall prohibit nor
regulate the repair, maintenance or replacement of any dock, pier or wharf lawfully
existing or permitted by the Nantucket Conservation Commission as of April 11, 2005,
so long as such dock, pier or wharf is not extended nor any new appurtenant structures
are added thereto. This moratorium shall remain in effect until December 31, 2006,
while the Town of Nantucket updates its Harbor Plans for both Nantucket and Madaket
Harbors.
In the Harbor Overlay District only, new docks, piers or wharves for commercial or
industrial water-dependent use and the extension and addition of new appurtenant
structures to any lawfully existing dock, pier or wharf for purposes of commercial or
industrial water-dependent uses are permitted uses.
D. Any proposed extension or reconfiguration of or addition or creation of new appurtenant
structures to a preexisting legally nonconforming dock, pier or wharf must be reviewed
and approved by the special permit granting authority in accordance with §139-33.A(4).
In addition to the findings required by that section, the special permit granting authority
shall find that the proposed extension, reconfiguration or addition does not result in a net
increase of the structure’s existing footprint. Such applications shall be referred by the
special permit granting authority to the Department of Marine and Coastal Resources for
comment and recommendation in accordance with the procedures of §139-30.
E. In all districts new docks, wharves and piers of municipal, county, state, or federal
agencies or public docks as defined below, and/or community docks serving areas that
are not accessible by land-based transportation are permitted uses. The words ‘public
docks’ as used in this section shall be defined as ‘a dock, pier or wharf that is open to
the public at large, or at which services or goods for vessels are made available directly
to the public.
Or, to take any other action as may be related thereto.
(Board of Selectmen)
PLANNING BOARD MOTION: Moved that the Town amend Chapter 139 (Zoning), § 22
(Island perimeter restrictions) of the Code of the Town of Nantucket to read 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):
§ 139-22. Island perimeter restrictions.
B. In all districts except the Residential Commercial District Eexcept as otherwise provided
in paragraphs C and, D and E of this Section 139-22, the construction of new docks and
piers and wharves, including extensions of new or enlarged docks, piers or wharves, the
extension of existing docks, piers or wharves, and the addition or creation of new
appurtenant structures (defined as floats or ramps) for lawfully existing docks, piers or
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
wharves is prohibited for shorefront land in all districts, except those docks, wharves
and piers approved by the Nantucket Conservation Commission in the former
Residential Commercial District as of April 30, 1992 April 11, 2005, and/or future docks,
wharves and piers of governmental or public entities. Nothing in this section 139-22
shall prohibit nor regulate the repair, maintenance or replacement of any lawfully
existing dock, pier or wharf lawfully existing as of April 30, 1992, so long as such dock,
pier or wharf is not extended nor any new appurtenant structures are added thereto.
C. Temporary moratorium on new docks, piers, and wharves in the RC District.
Notwithstanding the provisions of Subsection B above, no new docks, piers, and
wharves, including extensions of new or enlarged docks, piers and wharves, the
extension of existing docks, piers or wharves, and the addition or creation of new
appurtenant structures (defined as floats or ramps) for existing docks, piers or wharves
shall be constructed in the RC District, except those docks, wharves and piers approved
by the Nantucket Conservation Commission as of April 11, 2005, and/or future docks,
wharves and piers of governmental or public entities. Nothing herein shall prohibit nor
regulate the repair, maintenance or replacement of any dock, pier or wharf lawfully
existing or permitted by the Nantucket Conservation Commission as of April 11, 2005,
so long as such dock, pier or wharf is not extended nor any new appurtenant structures
are added thereto. This moratorium shall remain in effect until December 31, 2006 April
30, 2008, while the Town of Nantucket updates its Harbor Plans for both Nantucket and
Madaket Harbors.
In the Harbor Overlay District only, new docks, piers or wharves for commercial or
industrial water-dependent use and the extension and addition of new appurtenant
structures to any lawfully existing dock, pier or wharf for purposes of commercial or
industrial water-dependent uses are permitted uses.
D. Any proposed extension or reconfiguration of or addition or creation of new appurtenant
structures to a preexisting legally nonconforming dock, pier or wharf must be reviewed
and approved by the special permit granting authority in accordance with §139-33.A(4).
In addition to the findings required by that section, the special permit granting authority
shall find that the proposed extension, reconfiguration or addition does not result in a
net increase of the structure’s existing footprint. Such applications shall be referred by
the special permit granting authority to the Department of Marine and Coastal
Resources for comment and recommendation in accordance with the procedures of
§139-30.
ED. In all districts new docks, wharves and piers of municipal, county, state, or federal
agencies or public docks as defined below, and/or community docks serving
Tuckernuck or Muskeget Islands areas that are not accessible by land-based
transportation are permitted uses. The words ‘public docks’ as used in this section shall
be defined as ‘a dock, pier or wharf that is open to the public at large, or at which
services or goods for vessels are made available directly to the public.
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 29
(Zoning Bylaw Amendment: Permitted Uses)
To see if the Town of Nantucket will vote to amend the Zoning by-law § 139-7 by
changing the language in section A.2 “Permitted Uses,” by deleting the stricken text and
adding the parenthetical text as shown below; and adding section A.2 j. as shown below:
A.2. One detached building constituting a secondary dwelling.
The principal purpose of s (S)econdary dwellings is to create (shall only be created to provide)
housing opportunities through the provision of affordable rental housing for year-round
residents, including senior citizens, while affording the owner of the primary residence with the
opportunity to generate supplemental income.
A.2.j. On an annual basis, by a date to be determined by the zoning enforcement officer, the
property owner of the secondary dwelling created after April 9, 2007 must submit a completed
form to the zoning enforcement officer as evidence that said secondary dwelling is occupied by
year-round residents(s). The annual form shall be distributed in a manner to be determined by
the Town Administrator. Failure to provide such form shall constitute a violation of this section
and may be enforced pursuant to 139-25.
(Barbara Gookin, et al)
PLANNING BOARD MOTION: Moved that the Article not be adopted.
ARTICLE 30
(Zoning: Alteration of Town and Country Designations/Vicinity of Polpis Road and Monomoy
Road)
To see if the Town will vote to amend the map entitled “Town and Country Designations”
of the Town of Nantucket by placing the following properties currently located in the Town
Overlay District, in the Country Overlay District:
Map Parcel Number Street
55 68 1 Monomoy Road
54 47 8 Milestone Road
54 133 10 Milestone Road
54 132 12 Milestone Road
54 130.1 16B Milestone Road
54 130.2 16C Milestone Road
54 130.3 16D Milestone Road
54 130.4 16E Milestone Road
54 130.5 16F Milestone Road
54 130.6 16G Milestone Road
54 130.7 16H Milestone Road
54 130.8 16A Milestone Road
54 128 2 Polpis Road
54 129 2 Polpis Road
54 188 2 Polpis Road
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Map Parcel Number Street
54 189 2 Polpis Road
54 127 4 Polpis Road
54 187 4 Polpis Road
54 126 6 Polpis Road
54 125 8 Polpis Road
54 185 8 Polpis Road
54 124 10 Polpis Road
54 184 10 Polpis Road
54 123 12 Polpis Road
54 122 12 Polpis Road
54 183 12 Polpis Road
54 182 12 Polpis Road
54 48 1 Chatham Road
54 134 3 Chatham Road
54 135 3 Chatham Road
54 192 5 Chatham Road
54 232 4 Chatham Road
54 231 6 Chatham Road
54 230 8 Chatham Road
54 229 10 Chatham Road
54 228 12 Chatham Road
54 227 4 Sandwich Road
54 226 2 Sandwich Road
54 234 2 Sandwich Road
54 223 6 Sandwich Road
54 136 5 Monomoy Road
54 137 9 Monomoy Road
54 138 9 Monomoy Road
54 139 9 Monomoy Road
54 193 9 Monomoy Road
54 194 9 Monomoy Road
54 196 11 Monomoy Road
54 198 13 Monomoy Road
54 200 15 Monomoy Road
54 201 17 Monomoy Road
54 202 17 Monomoy Road
54 203 17 Monomoy Road
Page 40
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
All as shown on a map entitled “Warrant Article 30, MGL 41-81D Master Plan, Town and
Country Overlay District Change: Vicinity of Monomoy Road” dated January, 2007 on file at the
office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the map entitled “Town and Country Designations”
of the Town of Nantucket be amended by placing the following properties currently located in
the Town Overlay District, in the Country Overlay District:
Map Parcel Number Street
55 68 1 Monomoy Road
54 47 8 Milestone Road
54 133 10 Milestone Road
54 132 12 Milestone Road
54 130.1 16B Milestone Road
54 130.2 16C Milestone Road
54 130.3 16D Milestone Road
54 130.4 16E Milestone Road
54 130.5 16F Milestone Road
54 130.6 16G Milestone Road
54 130.7 16H Milestone Road
54 130.8 16A Milestone Road
54 128 2 Polpis Road
54 129 2 Polpis Road
54 188 2 Polpis Road
54 189 2 Polpis Road
54 127 4 Polpis Road
54 187 4 Polpis Road
54 126 6 Polpis Road
54 125 8 Polpis Road
54 185 8 Polpis Road
54 124 10 Polpis Road
54 184 10 Polpis Road
54 123 12 Polpis Road
54 122 12 Polpis Road
54 183 12 Polpis Road
54 182 12 Polpis Road
54 48 1 Chatham Road
54 134 3 Chatham Road
Page 41
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Map Parcel Number Street
54 135 3 Chatham Road
54 192 5 Chatham Road
54 232 4 Chatham Road
54 231 6 Chatham Road
54 230 8 Chatham Road
54 229 10 Chatham Road
54 228 12 Chatham Road
54 227 4 Sandwich Road
54 226 2 Sandwich Road
54 234 2 Sandwich Road
54 223 6 Sandwich Road
54 136 5 Monomoy Road
54 137 9 Monomoy Road
54 138 9 Monomoy Road
54 139 9 Monomoy Road
54 193 9 Monomoy Road
54 194 9 Monomoy Road
54 196 11 Monomoy Road
54 198 13 Monomoy Road
54 200 15 Monomoy Road
54 201 17 Monomoy Road
54 202 17 Monomoy Road
54 203 17 Monomoy Road
ARTICLE 31
(Zoning Map Change: 3M Subdivision/Doc Ryder Drive, Hatch Circle, Henderson’s Drive,
Swayze’s Drive)
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-10 (R-10) district:
Map Parcel Number Street
66 222 98 Somerset Road
81 163 132 Somerset Road
66 149 118 Somerset Road
66 152 1 Swayze’s Drive
66 153 3 Swayze’s Drive
66 154 5 Swayze’s Drive
66 156 9 Swayze’s Drive
66 157 11 Swayze’s Drive
Page 42
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Map Parcel Number Street
66 158 13 Swayze’s Drive
66 159 14 Swayze’s Drive
66 160 12 Swayze’s Drive
66 161 10 Swayze’s Drive
66 162 8 Swayze’s Drive
66 163 6 Swayze’s Drive
66 164 4 Swayze’s Drive
66 165 2 Swayze’s Drive
66 194 1 Hendersons Drive
66 195 3 Hendersons Drive
66 196 5 Hendersons Drive
66 197 7 Hendersons Drive
66 198 9 Hendersons Drive
66 199 11 Hendersons Drive
66 200 13 Hendersons Drive
66 201 12 Hendersons Drive
66 202 10 Hendersons Drive
66 203 8 Hendersons Drive
66 204 6 Hendersons Drive
66 205 4 Hendersons Drive
66 206 2 Hendersons Drive
66 207 108 Somerset Road
66 208 104 Somerset Road
66 209 1 Doc Ryder Drive
66 210 3 Doc Ryder Drive
66 211 5 Doc Ryder Drive
66 212 7 Doc Ryder Drive
66 213 9 Doc Ryder Drive
66 214 11 Doc Ryder Drive
66 215 13 Doc Ryder Drive
66 216 12 Doc Ryder Drive
66 217 10 Doc Ryder Drive
66 218 8 Doc Ryder Drive
66 219 6 Doc Ryder Drive
66 220 4 Doc Ryder Drive
66 221 2 Doc Ryder Drive
All as shown on a map entitled “Warrant Article: 31, MGL 41-81D Master Plan, Zoning Change:
3M Subdivision” dated January 2007 on file at the office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 43
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be
amended by placing the following properties, currently located in the Residential Commercial-2
(RC-2) district in the Residential-10 (R-10) district:
Map Parcel Number Street
66 222 98 Somerset Road
81 163 132 Somerset Road
66 149 118 Somerset Road
66 152 1 Swayze’s Drive
66 153 3 Swayze’s Drive
66 154 5 Swayze’s Drive
66 156 9 Swayze’s Drive
66 157 11 Swayze’s Drive
66 158 13 Swayze’s Drive
66 159 14 Swayze’s Drive
66 160 12 Swayze’s Drive
66 161 10 Swayze’s Drive
66 162 8 Swayze’s Drive
66 163 6 Swayze’s Drive
66 164 4 Swayze’s Drive
66 165 2 Swayze’s Drive
66 194 1 Hendersons Drive
66 195 3 Hendersons Drive
66 196 5 Hendersons Drive
66 197 7 Hendersons Drive
66 198 9 Hendersons Drive
66 199 11 Hendersons Drive
66 200 13 Hendersons Drive
66 201 12 Hendersons Drive
66 202 10 Hendersons Drive
66 203 8 Hendersons Drive
66 204 6 Hendersons Drive
66 205 4 Hendersons Drive
66 206 2 Hendersons Drive
66 207 108 Somerset Road
66 208 104 Somerset Road
66 209 1 Doc Ryder Drive
66 210 3 Doc Ryder Drive
66 211 5 Doc Ryder Drive
66 212 7 Doc Ryder Drive
66 213 9 Doc Ryder Drive
66 214 11 Doc Ryder Drive
66 215 13 Doc Ryder Drive
66 216 12 Doc Ryder Drive
66 217 10 Doc Ryder Drive
66 218 8 Doc Ryder Drive
Page 44
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Map Parcel Number Street
66 219 6 Doc Ryder Drive
66 220 4 Doc Ryder Drive
66 221 2 Doc Ryder Drive
ARTICLE 32
(Zoning Map Change: 3M Subdivision/Farm View Drive and Golf View Drive)
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-10 (R-10) district:
Map Parcel Number Street
66 148 3 Golf View Drive
66 166 5 Golf View Drive
66 167 7 Golf View Drive
66 168 9 Golf View Drive
66 169 11 Golf View Drive
66 170 13 Golf View Drive
66 171 15 Golf View Drive
66 172 17 Golf View Drive
66 173 19 Golf View Drive
66 174 21 Golf View Drive
66 175 23 Golf View Drive
66 176 2 Farm View Drive
66 177 1 Farm View Drive
66 178 3 Farm View Drive
66 179 5 Farm View Drive
66 180 7 Farm View Drive
66 181 9 Farm View Drive
66 182 11 Farm View Drive
66 183 10 Farm View Drive
66 184 24 Golf View Drive
66 185 22 Golf View Drive
66 186 20 Golf View Drive
66 187 18 Golf View Drive
66 188 16 Golf View Drive
66 189 14 Golf View Drive
66 190 12 Golf View Drive
66 191 10 Golf View Drive
66 192 8 Golf View Drive
66 193 4 Golf View Drive
All as shown on a map entitled “Warrant Article 32, MGL 41-81D Master Plan, Zoning Change:
3M Subdivision, Golf View Drive and Farm View Drive” dated January, 2007 on file at the office
of the Town Clerk.
Page 45
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be
amended by placing the following properties, currently located in the Residential Commercial-2
(RC-2) district in the Residential-10 (R-10) district:
Map Parcel Number Street
66 148 3 Golf View Drive
66 166 5 Golf View Drive
66 167 7 Golf View Drive
66 168 9 Golf View Drive
66 169 11 Golf View Drive
66 170 13 Golf View Drive
66 171 15 Golf View Drive
66 172 17 Golf View Drive
66 173 19 Golf View Drive
66 174 21 Golf View Drive
66 175 23 Golf View Drive
66 176 2 Farm View Drive
66 177 1 Farm View Drive
66 178 3 Farm View Drive
66 179 5 Farm View Drive
66 180 7 Farm View Drive
66 181 9 Farm View Drive
66 182 11 Farm View Drive
66 183 10 Farm View Drive
66 184 24 Golf View Drive
66 185 22 Golf View Drive
66 186 20 Golf View Drive
66 187 18 Golf View Drive
66 188 16 Golf View Drive
66 189 14 Golf View Drive
66 190 12 Golf View Drive
66 191 10 Golf View Drive
66 192 8 Golf View Drive
66 193 4 Golf View Drive
ARTICLE 33
(Zoning Map Change: Miacomet Avenue and Otokomi Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking
the following actions in regard to property on Miacomet Avenue by placing the following
properties, zoned both Residential Commercial-2 (RC-2) and Limited Use General-2 (LUG-2),
in the Residential-2 (R-2) district:
Page 46
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Map Parcel Number Street
67 83.1 54 Miacomet Ave
67 83.2 44 Miacomet Ave
67 83.3 42 Miacomet Ave
67 83.4 40 Miacomet Ave
67 83.5 38 Miacomet Ave
67 83.6 46 Miacomet Ave
67 83.7 48 Miacomet Ave
67 83.8 50 Miacomet Ave
67 83.9 52 Miacomet Ave
67 350 56 Miacomet Ave
67 351 58 Miacomet Ave
67 352 60 Miacomet Ave
67 353 62 Miacomet Ave
67 354 64 Miacomet Ave
67 355 66 Miacomet Ave
67 356 68 Miacomet Ave
All as shown on a map entitled “Warrant Article 33, MGL 41-81D Master Plan, Zoning Change:
Miacomet Avenue” dated January, 2007 on file at the office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be
amended by placing the following properties, zoned both Residential Commercial-2 (RC-2) and
Limited Use General-2 (LUG-2), in the Residential-2 (R-2) district:
Map Parcel Number Street
67 83.1 54 Miacomet Ave
67 83.2 44 Miacomet Ave
67 83.3 42 Miacomet Ave
67 83.4 40 Miacomet Ave
67 83.5 38 Miacomet Ave
67 83.6 46 Miacomet Ave
67 83.7 48 Miacomet Ave
67 83.8 50 Miacomet Ave
67 83.9 52 Miacomet Ave
67 350 56 Miacomet Ave
67 351 58 Miacomet Ave
67 352 60 Miacomet Ave
67 353 62 Miacomet Ave
67 354 64 Miacomet Ave
67 355 66 Miacomet Ave
67 356 68 Miacomet Ave
Page 47
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 34
(Zoning Map Change: Miacomet Avenue and Otokomi Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking
the following actions in regard to property in the vicinity of Miacomet Avenue and Otokomi
Road by placing the following properties currently located in the Limited Use General (LUG-2)
district in the Residential Commercial-2 (RC-2) district:
Map Parcel Number Street
67 195.5 3 Otokomi Road
67 195.6 5 Otokomi Road
67 195.7 7 Otokomi Road
67 195.8 9 Otokomi Road
67 228.1 4 Valley View Drive
67 228.2 3 Valley View Drive
67 228.3 1 Valley View Drive
67 228.4 2 Valley View Drive
67 656 10 Celtic Drive
67 657 12 Celtic Drive
67 658 14 Celtic Drive
All as shown on a map entitled “Warrant Article 34, Technical Correction Zoning Change:
Miacomet Avenue/Otokomi Road” dated January, 2007 on file at the office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be
amended by placing the following properties currently located in the Limited Use General
(LUG-2) district in the Residential Commercial-2 (RC-2) district:
Map Parcel Number Street
67 195.5 3 Otokomi Road
67 195.6 5 Otokomi Road
67 195.7 7 Otokomi Road
67 195.8 9 Otokomi Road
67 228.1 4 Valley View Drive
67 228.2 3 Valley View Drive
67 228.3 1 Valley View Drive
67 228.4 2 Valley View Drive
67 656 10 Celtic Drive
67 657 12 Celtic Drive
67 658 14 Celtic Drive
Page 48
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 35
(Zoning Map Change: Miacomet Avenue and Otokomi Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking
the following actions in regard to property in the vicinity of Miacomet Avenue and Otokomi
Road by placing the Limited Use General-2 (LUG-2) portions of the following properties in the
Residential Commercial-2 (RC-2) district:
Map Parcel Number Street
67 195.1 26 Miacomet Avenue
67 195.2 28 Miacomet Avenue
67 195.3 30 Miacomet Avenue
67 195.4 1 Otokomi Road
67 223.5 65.5 Surfside Road
67 227 22 Miacomet Avenue
67 228 24 Miacomet Avenue
67 488 20.5 Miacomet Avenue
67 555 71 Surfside Road
67 556 73 Surfside Road
67 655 8 Celtic Drive
67 659 5 Celtic Drive
All as shown on a map entitled “Warrant Article 35, Technical Correction Zoning Change:
Miacomet Avenue/Otokomi Road” dated January, 2007 on file at the office of the Town Clerk.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be
amended by placing the Limited Use General-2 (LUG-2) portions of the following properties in
the Residential Commercial-2 (RC-2) district:
Map Parcel Number Street
67 195.1 26 Miacomet Avenue
67 195.2 28 Miacomet Avenue
67 195.3 30 Miacomet Avenue
67 195.4 1 Otokomi Road
67 223.5 65.5 Surfside Road
67 227 22 Miacomet Avenue
67 228 24 Miacomet Avenue
67 488 20.5 Miacomet Avenue
67 555 71 Surfside Road
67 556 73 Surfside Road
67 655 8 Celtic Drive
67 659 5 Celtic Drive
Page 49
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 36
(Zoning Map Change: Miacomet Avenue)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking
the following actions in regard to property on Miacomet Avenue by placing portions of the
following properties, zoned Limited Use General-2 (LUG-2), into the Residential-Commercial 2
(RC-2) district:
Map Parcel Number Street
66 126 80 Miacomet Ave.
66 122 90 Miacomet Ave.
81 5 94 Miacomet Ave.
81 4.2 98 Miacomet Ave.
81 159 100 Miacomet Ave.
81 3 102 Miacomet Ave.
81 158 104 Miacomet Ave.
66 65 95 Miacomet Ave.
All as shown on a map entitled “Warrant Article 36, Technical Correction Zoning Change:
Miacomet Avenue” dated January, 2007 on file at the office of the Town Clerk.
Or, to take any other action as may be related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be
amended by placing portions of the following properties, zoned Limited Use General-2 (LUG-
2), into the Residential-Commercial 2 (RC-2) district all as shown on a map entitled “Warrant
Article 36, Technical Correction Zoning Change: Miacomet Avenue” dated January, 2007 on
file at the office of the Town Clerk.
Map Parcel Number Street
66 126 80 Miacomet Ave.
66 122 90 Miacomet Ave.
81 5 94 Miacomet Ave.
81 4.2 98 Miacomet Ave.
81 159 100 Miacomet Ave.
81 3 102 Miacomet Ave.
81 158 104 Miacomet Ave.
66 65 95 Miacomet Ave.
Page 50
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 37
(Zoning Bylaw Amendment: Residential Parking)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 18, paragraph D 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 ):
D. Table of Parking Requirements.
Principal and Accessory Uses “A”
ROH/
SROH
LC RCDT RC R1/
SR1
RC2 R10/
SR10
R2/
SR2
LUG
1, 2,
3,
MMD
Single-
Family
Dwelling
[§ 139-
7A(1)]
1 1 1 1 1 2 2 2 2
Accessory
Apartment
(§ 139-7C)
1 1 1 1 1
Secondary
Dwelling
Unit
[§ 139-
7A(2)]**
1 1 1 .6/br .6.br
.75/br
.6/br
.75/br
.6/br
1.0/br
2
*Other
Dwelling
Unit
1/d.u. 1/d.u. .30/br 1/d.u. 1/d.u. 1/d.u. 1/d.u. 1/d.u. 1/d.u.
Duplex
[§ 139-
8A(1)]
N/A .75/br N/A
.30/br
.75/br .75/br .75/br
1.0/br
.75/br
1.0/br
N/A N/A
Multi-
Family
(§ 139-8C)
N/A N/A .30/br 1/d.u.
.30/br
N/A .75/br
1.0/br
.75/br
1.0/br
N/A N/A
Studio
(§ 139-2
and 15)
1 1 1 1
Note: "d.u." shall mean "dwelling unit"; and "br" shall mean "bedroom" as
determined by the ZEO.
Notes:
*Includes nonconforming dwelling units in any district.
**For interpretation purposes, the secondary dwelling unit
shall be the unit with the lesser number of bedrooms and
shall not be related to the sequence of building. Or, take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 18, paragraph D be amended to read as follows (NOTE: new language is
Page 51
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
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 ):
D. Table of Parking Requirements.
Principal and Accessory Uses “A”
ROH/
SROH
LC RCDT RC R1/
SR1
RC2 R10/
SR10
R2/
SR2
LUG
1, 2,
3,
MMD
Single-
Family
Dwelling
[§ 139-
7A(1)]
1 1 1 1 1 2 2 2 2
Accessory
Apartment
(§ 139-7C)
1 1 1 1 1
Secondary
Dwelling
Unit
[§ 139-
7A(2)]**
1 1 1 .6/br .6.br
1.0/br
.6/br
1.0/br
.6/br
1.0/br
2
*Other
Dwelling
Unit
1/d.u. 1/d.u. .30/br 1/d.u. 1/d.u. 1/d.u. 1/d.u. 1/d.u. 1/d.u.
Duplex
[§ 139-
8A(1)]
N/A .75/br N/A
.30/br
.75/br .75/br .75/br
1.0/br
.75/br
1.0/br
N/A N/A
Multi-
Family
(§ 139-8C)
N/A N/A .30/br 1/d.u.
.30/br
N/A .75/br
1.0/br
.75/br
1.0/br
N/A N/A
Studio
(§ 139-2
and 15)
1 1 1 1
Note: "d.u." shall mean "dwelling unit"; and "br" shall mean "bedroom" as
determined by the ZEO.
Notes:
*Includes nonconforming dwelling units in any district.
**For interpretation purposes, the secondary dwelling unit
shall be the unit with the lesser number of bedrooms and
shall not be related to the sequence of building.
Page 52
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 38
(Zoning Bylaw Amendment: Intensity Regulations)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 16, paragraph A 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):
A. Except as expressly provided by § 139-33 of this chapter, no structure or building shall be
constructed or used, and no lot or parcel of land shall be built upon, improved or used,
and no lot shall be changed in size, shape, boundaries or frontage, unless in conformity
with the requirements set forth below:
Yard Setback
District Minimum Front Side/Rear Frontage Ground
Defined Lot Size (feet) (feet)** (feet)* Cover
in § 139-
3+
(square
feet) Ratio
LUG-1 40,000 35 10 100 7%
LUG-2 80,000 35 15 150 4%
LUG-3 120,000 35 20 200 3%
R-1 5,000 10 5 1 50 30%
R-10 10,000 20 10 75 25%
SR-10 10,000 15 5 75 25%
R-2 20,000 30 10 75 12.50%
ROH 5,000 None 5 50 50%
RCDT 3,750 None Side: none
Rear: 5
35 75%
RC 5,000 None 5 1 40 50%
RC-2 5,000 10 5 1 40 50%
LC 5,000 None 5 40 50%
CMI 5,000 None 0 None 50 50%
CN 7,500 10 Side:5
Rear: 10
50 40%
CTEC 10,000 10 Side:5
Rear: 10
50 40%
Page 53
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
MMD 10 acres 50 50 300 0.50%
NOTES:
See § 139-33E for nonconforming lots
1 For lots abutting two or more street 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 corner lots in the R-1 and RC-
2 Districts, side yard setbacks shall be where a minimum 10 feet foot side yard setback
shall be maintained from any other abutting street or way, whether constructed or not.
Or, to take any other action related thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 16, paragraph A be amended to read 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):
A. Except as expressly provided by § 139-33 of this chapter, no structure or building shall be
constructed or used, and no lot or parcel of land shall be built upon, improved or used,
and no lot shall be changed in size, shape, boundaries or frontage, unless in conformity
with the requirements set forth below:
Yard Setback
District Minimum Front Side/Rear Frontage Ground
Defined Lot Size (feet) (feet)** (feet)* Cover
in
§ 139-
3+
(square
feet) Ratio
LUG-1 40,000 35 10 100 7%
LUG-2 80,000 35 15 150 4%
LUG-3 120,000 35 20 200 3%
R-1 5,000 10 5 1 50 30%
R-10 10,000 20 10 75 25%
SR-10 10,000 15 5 75 25%
R-2 20,000 30 10 75 12.50%
ROH 5,000 None 5 50 50%
RCDT 3,750 None Side: 35 75%
Page 54
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
none
Rear: 5
RC 5,000 None 5 1 40 50%
RC-2 5,000 10 5 1 40 50%
LC 5,000 None 5 40 50%
CMI 5,000 None 0 None 50 50%
CN 7,500 10 Side:5
Rear: 10
50 40%
CTEC 10,000 10 Side:5
Rear: 10
50 40%
CI 15,000 20 10 75 50%
MMD 10 acres 50 50 300 0.50%
NOTES:
See § 139-33E for nonconforming lots
1 For lots abutting two or more street 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 corner lots in the R-1 and RC-
2 Districts, side yard setbacks shall be where a minimum 10 feet foot side yard setback
shall be maintained from any other abutting street or way, whether constructed or not.
ARTICLE 39
(Zoning Bylaw Amendment: Residential Districts)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 7, paragraph D, section 5 as follows (NOTE: new language is shown as
highlighted text, language to be deleted is shown by strikeout; these methods to denote
changes are not meant to become part of the final text):
(5) A nonprofit club or other nonprofit organization for operating Community recreational
facilities, including any buildings and uses ancillary to such recreational facilities, or for the
maintenance and management of conservation lands, provided they are not substantially
more detrimental to the neighborhood nor the environment than existing or permitted
alternative uses of the lot.
Or, to take any other action as may be relative thereto.
(Board of Selectmen for Planning Board)
PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 7, paragraph D, section 5 be amended to read as follows (NOTE: new
Page 55
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
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):
(5) A nonprofit club or other nonprofit organization for operating Community Recreational
facilities, including any buildings and uses ancillary to such recreational facilities, or for the
maintenance and management of conservation lands, provided they are not substantially
more detrimental to the neighborhood nor the environment than existing or permitted
alternative uses of the lot.
ARTICLE 40
(Zoning Bylaw Amendment: Mixed Income Residential Developments)
To see if the Town will vote to amend Section 139-7I of the Nantucket Zoning Bylaw by
changing the year stated in Section 139-7I (17) from “2007” to “2009”.
(C. Richard Loftin, et al)
PLANNING BOARD MOTION: Moved that the Article not be adopted.
ARTICLE 41
(Town Sewer District Map Change)
To see if the Town will vote to:
Grant to Allen Comeau Sewer Hook-Up on 9 Comeau Lane from Sandra Comeau 7 Comeau
Lane.
(Catherine Ernsberger, et al)
FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners)
section 3 (Sewer Districts) of the Code of the Town of Nantucket is hereby amended as follows
(NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-
out; these methods to denote changes are not meant to become part of the final text):
B. Siasconset Sewer District: an area outlined in blue on a map entitled, "Comprehensive
Wastewater Management Plan, (Proposed) SIASCONSET SEWER DISTRICT," with a
summer average daily flow capacity of 220,000 mgd, dated March 2004 (on file in the office
of the Board of Selectmen), or as shown in an additional area outlined in blue on a
supplemental map entitled “Article 51, 2006 Annual Town Meeting Additions to the
Siasconset Sewer District dated as of March 7, 2006, Nantucket, Massachusetts” and as
shown in an area outlined in green on a supplemental map entitled “2007 Annual Town
Meeting Article 41” within which all sewage shall be collected, transported to, treated by
and disposed from the Siasconset Wastewater Treatment Facility.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
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ARTICLE 42
(Town Sewer District Map Change)
To see if the town will vote to amend the Town of Nantucket Sewer District Map to
include the following parcels of land into the Sewer District.
Address Map/Parcel
69 Hummock Pond Road 56/320
71 Hummock Pond Road 56/320.1
76 Hummock Pond Road 56/123
77 Hummock Pond Road 56/311
78Hummock Pond Road 56/125
79 Hummock Pond Road 56/122
80 Hummock Pond Road 56/124
81 Hummock Pond Road 56/121
82 Hummock Pond Road 56/116.1
83 Hummock Pond Road 56/310.2
84 Hummock Pond Road 56/116
86 Hummock Pond Road 56/117
87 Hummock Pond Road 56/310.1
89 Hummock Pond Road 56/120
91 Hummock Pond Road 56/118
93 Hummock Pond Road 56/119
95 Hummock Pond Road 56/309
97 Hummock Pond Road 56/308
99 Hummock Pond Road 56/67.3
(Pauline Singleton, et al)
FINANCE COMMITTEE MOTION: The Finance Committee motion will be provided at the
Town Meeting.
BOARD OF SELECTMEN COMMENT: The Board of Selectmen will provide a comment
pending the outcome of the application of the sewer district criteria checklist to the properties
listed in the Article.
ARTICLE 43
(Town Sewer District Map Change)
To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners),
Section 41-3A (Town Sewer District) of the code of the Town of Nantucket Sewer District Map
by adding the following parcels to the map.
Map and Parcel Address
80 178 28 South Shore road
80 177 32 South Shore road
80 118 36 South Shore road
80 117 42 South Shore road
80 62 35 South Shore road
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80 (1.2A)64 33 South Shore road
80 296.4 29 South Shore road
80 296.3 29 South Shore road
80 296.2 29 South Shore road
80 296.1 29 South Shore road
80 297.1 25 South Shore road
80 300 4 Blueberry lane
80 301 6 Blueberry lane
80 302 8 Blueberry lane
80 174 2 Field Av
80 171 4 Field Av
80 170 6 Field Av
80 167 8 Field Av
80 164 10 Field Av
80 161 12 Field Av
80 158 14 Field Av
80 155 16 Field Av
80 159 11 Field Av
80 156 14 Foldger Av
80 157 13 Foldger Av
80 160 11 Foldger Av
80 162 10 Foldger Av
80 163 9 Foldger Av
80 165 8 Foldger Av
80 166 7 Foldger Av
80 168 6 Foldger Av
80 169 5 Foldger Av
80 172 4 Foldger Av
80 173 3 Foldger Av
80 175 2 Foldger Av
80 176 1 Foldger Av
(Brendon Hunt, et al)
FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners),
section 41-3A (Town Sewer District) of the Code of the Town of Nantucket is hereby amended
as follows (New language is shown as highlighted text; language to be deleted is shown by
strike-out; these methods to denote changes are not meant to become part of the final text):
§41-3. Sewer districts.
A. Town Sewer District: an area outlined in blue on a map entitled “Comprehensive
Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT,” ….. dated March,
2004, or as shown in an additional area outlined in blue on a supplemental map entitled “Article
51, 2006 Article 43, 2007 Annual Town Meeting Additions to the Town Sewer District dated as
of March 7, 2006 March 16, 2007, Nantucket, Massachusetts,”….
BOARD OF SELECTMEN COMMENT: The Board endorses the Article.
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ARTICLE 44
(Charter Amendment: Town Administrator)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, by adding a new section to Article VI General Provisions to read as
follows:
“Section 6.7 – Definitions: (a) The words “Town Administrator, Assistant Town
Administrator and Acting Town Administrator” shall mean “Town Manager, Assistant
Town Manager and Acting Town Manager” wherever they appear in the Charter and the
Town Clerk shall cause any reprinting of the Charter to use the words “Town Manager,
Assistant Town Manager and Acting Town Manager in place of the words “Town
Administrator, Assistant Town Administrator and Acting Town Administrator, where ever
they appear in the Charter.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
FINANCE COMMITTEE MOTION: Moved that the following amendment to the Charter for the
Town of Nantucket, S. L. Chapter 289 of the Acts of 1996 be proposed for approval by the
voters of the town of Nantucket at the next annual town election pursuant to section 6.5
"Amendment of Charter" of said Charter, which proposed amendment is as follows: the words
“Town Administrator" is hereby deleted wherever such words appear in the Charter and
replaced with "Town Manager"; the words " Assistant Town Administrator" is hereby deleted
wherever such words appear and replaced with the words "Assistant Town Manager"; and
further the words "Acting Town Administrator” is hereby deleted wherever such appear in said
Charter and replaced with "Acting Town Manager".
BOARD OF SELECTMEN: The Board of Selectmen supports the motion of the Finance
Committee.
ARTICLE 45
(Town Charter Amendment: Appointments)
To see if the Town will vote, as provided for under Section 6.5 of the Charter, Chapter
289 of the Acts of 1996, to amend the Charter as follows:
“In Section 3.4 – Selectmen Powers as to Appointments, sub section (a) (3) second
paragraph, delete the words “Disability Commission, Council on Aging and Council on
Human Services”
And further in Section 4.3 – Town Administrator Appointments – delete sub section (b) in
its entirety and insert in its place the following new sub section (b) to read as follows:
“shall appoint and may remove, for cause, members of the following Town boards,
councils, commissions and committees: Commission on Disability, Council on Aging,
Council on Human Services and Cultural Council, such appointments being subject to a
resolution of disapproval by the Board of Selectmen pursuant to Section 3.4 (a) (4) and
further the Town Administrator shall also appoint members of other Town boards,
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councils, commissions and committees, but only to the extent that the power of
appointment of the Board of Selectmen under Section 3.4 of this Charter to make such
appointments is delegated by the Board of Selectmen to the Town Administrator, such
appointments being subject to a resolution of disapproval by the Board of Selectmen
pursuant to Section 3.4 (a) (4).”
or take any other action in relation thereto.
(Allen Reinhard, et al)
FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.
FINANCE COMMITTEE COMMENT: The Board of Selectmen currently has the authority to
delegate specific appointment authority to the Town Administrator.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 46
(Town Charter Amendment: Employment)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, by inserting a new sub section to Section 3.1 – Composition, Term of
Office and Quorum, to read as follows:
“Section 3.1 (a) Prohibition.
A member of the Board of Selectmen shall not hold any town employment requiring said
employee to work twenty or more hours per week, annualized, and for which a salary or
other emolument is paid from the town treasury.”
(Allen Reinhard, et al)
FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.
ARTICLE 47
(Town Charter Amendment: Planning Board)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, and add a new article “Article IIIA Boards, Commissions and
Committees” and insert in said Article a new section as follows:
“Section 3A-1 Planning Board.
(a) Composition and Term of Office.
Not withstanding the provisions of Chapter 41, Sections 70, 71 and 72, of the general
laws, accepted by Town Meeting in 1928, and beginning with the annual town election in
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the year following the year in which this amendment is adopted, there shall be five
members of the planning board, who shall be residents of the Town of Nantucket,
appointed by the board of selectmen for terms of five years so arranged that one term
expires each year, and three associate members of the planning board, who shall be
residents of the Town of Nantucket, appointed by the board of selectmen for terms of
three years so arranged that one term expires each year.
(b) Powers and Duties.
The planning board shall have those powers and duties given to planning boards under
the constitution and general laws of the Commonwealth and such additional powers and
duties as may be authorized by the charter, by bylaw, or by other vote of town meeting.
The associate members of the planning board are to serve in zoning matters as
alternates in lieu of any regular planning board member being unable to serve in said
zoning matter.
(c) Transition.
It is the intent of this provision that a transition from elected planning board members to
appointed planning board members be phased in over a period of time so that as the
term of an elected incumbent expires the successor shall be appointed, and should
there be a sooner vacating of a previously elected planning board member, his or her
successor shall be appointed.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.
ARTICLE 48
(Town Charter Amendment: Historic District Commission)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, and add a new article “Article IIIA Boards, Commissions and
Committees” and insert in said Article a new section to read as follows:
“Section 3A-2 Historic District Commission
(a) Composition and Term of Office.
Not withstanding the provisions of Section 3 of Chapter 395 of the Acts of 1970 and any
amendments thereto, and beginning with the annual town elections in the year following
the year in which this amendment is adopted, there shall be five unpaid members of the
historic district commission, who shall be residents of the Town of Nantucket, and who
shall be appointed by the board of selectmen for terms of three years so arranged that
as nearly an equal number of terms as possible expire each year and further there shall
be three unpaid associate members of the historic district commission, who shall be
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residents of the Town of Nantucket, and who shall be appointed by the board of
selectmen for terms of three yeas so arranged that one term expires each year.
(b) Powers and Duties.
The historic district commission shall have all those powers and duties described in
Chapter 395 of the Acts of 1970 as amended and known as “An Act Establishing a
Historic District Commission for the Town of Nantucket and Establishing Nantucket
Island as the Historic District”
(c) Transition
It is the intent of this provision that a transition from elected historic district commission
members to appointed historic district commission members be phased in over a period
of time so that as the term of an elected incumbent expires the successor shall be
appointed, and should there be a sooner vacating of a previously elected historic district
commission member, his or her successor shall be appointed.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
FINANCE COMMITTEE MOTION: Moved that the Home Rule petition set forth below be
presented to the General Court, that the town's representatives in the General Court be
requested to introduce legislation set forth below, and that the General Court be authorized,
with the approval of the Nantucket Board of Selectmen, to vary the specific text of the
requested legislation within the scope of the public policy objectives of the Home Rule Petition
set forth below:
An Act Reconstituting the Nantucket Historic District Commission from Elected to Appointed
Membership
Section 1. Section 3 of Chapter 395 of the Acts of 1970 is hereby amended by inserting at the
end of the existing text the words "Notwithstanding the foregoing, effective with the annual
town election first following the effective date of this Act and continuing thereafter, the
membership of the Nantucket Historic District shall no longer be elected but instead shall be
appointed by the Board of Selectmen. The transition from elected historic district commission
members to appointed historic district commission members shall be phased in over a period
of time so that as the term of an elected incumbent expires the successor shall be appointed.”
Section 2. This Act shall take effect upon passage.
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ARTICLE 49
(Town Charter Amendment:
Shellfish and Harbor Advisory Board)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, and add a new article “Article IIIA Boards, Commissions and
Committees” and insert in said Article a new section as follows:
“Section 3A-3 Shellfish and Harbor Advisory Board.
(a) Composition and Term of Office.
Not withstanding the provisions of Chapter 465 of the Acts of 1976, and any
amendments thereto, beginning with the annual town election in the year following the
year in which this amendment is adopted, there shall be seven members of the shellfish
and harbor advisory board, who shall be residents of the Town of Nantucket, appointed
by the board of selectmen for terms of three years so arranged that as nearly an equal
number of terms as possible expire each year.
(b) Powers and Duties.
The shellfish and harbor advisory board shall have those powers and duties described
in Chapter 465 of the Acts of 1976 as amended.
(c) Transition
It is the intent of this provision that a transition from elected shellfish and harbor advisory
board members to appointed shellfish and harbor advisory board members be phased in
over a period of time so that as the term of an elected incumbent expires the successor
shall be appointed, and should there be a sooner vacating of a previously elected
shellfish and harbor advisory board member, his or her successor shall be appointed.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
FINANCE COMMITTEE MOTION: Moved that the Home Rule petition set forth below be
presented to the General Court, that the town's representatives in the General Court be
requested to introduce legislation set forth below, and that the General Court be authorized,
with the approval of the Nantucket Board of Selectmen, to vary the specific text of the
requested legislation within the scope of the public policy objectives of the Home Rule Petition
set forth below:
An Act Reconstituting the Nantucket Harbor and Shellfish Advisory Board from Elected to
Appointed Membership
Section 1. Chapter 465 of the Acts of 1976 is hereby amended by inserting at the end of the
existing text of the first paragraph thereof the words "Notwithstanding the foregoing, effective
with the annual town election first following the effective date of this Act and continuing
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
thereafter, the membership of the Nantucket Harbor and Shellfish Advisory Board shall no
longer be elected but instead shall be appointed by the Board of Selectmen. The transition
from elected Harbor and Shellfish Advisory Board members to appointed Harbor and Shellfish
Advisory Board members shall be phased in over a period of time so that as the term of an
elected incumbent expires the successor shall be appointed and should there be a sooner
vacating of a previously elected Harbor and Shellfish Advisory Board member, his or her
successor shall be appointed in accordance with this Act for the balance of the unexpired
term.”
Section 2. This Act shall take effect upon passage.
ARTICLE 50
(Town Charter Amendment: Audit Committee)
To see if the Town will vote to amend the Charter for the Town of Nantucket, Chapter
289 of the Acts of 1996, by striking, in its entirety, sub-paragraph (c) of Section 3.5 Further
Powers of the Selectmen, and inserting in its place the following:
“(c) To establish and shall so establish a three member audit committee whose duties
shall include appointment of an outside audit firm, review of the annual audit results and
evaluation of the internal accounting procedures and controls. The audit committee shall
be composed of three members each serving a term of one year. The committee will
consist of the Chairman of the Board of Selectmen, the Chairman of the Finance
Committee and one member of the Board of Selectmen appointed by the Board of
Selectmen; and the Board may further establish an advisory committee to conduct any
inquiry or investigation or to make planning, policy or other recommendations.”
or take any other action in relation thereto.
(Allen Reinhard, et al)
FINANCE COMMITTEE MOTION: Moved that the following amendment to the Charter for the
Town of Nantucket, S. L. Chapter 289 of the Acts of 1996 be proposed for approval by the
voters of the town of Nantucket at the next annual town election pursuant to section 6.5
"Amendment of Charter" of said Charter, which proposed amendment is as follows:
Sub-paragraph (c) of Section 3.5 Further Powers of the Selectmen shall be hereby deleted,
and in its place the following shall be substituted:
“(c) to establish as may be advisable or needed one or more advisory committees to
conduct any inquiry or investigation or to make planning, policy or other
recommendations; further, to establish and shall so establish as a permanent standing
committee of the town a three member audit committee whose duties shall include
appointment of an outside audit firm, review of the annual audit results and evaluation of
the internal accounting procedures and controls. The audit committee shall be
composed of three members each serving a term of one year. The committee will
consist of the Chairman of the Board of Selectmen, the Chairman of the Finance
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Committee and one member of the Board of Selectmen appointed by the Board of
Selectmen”
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 51
(Town Charter Amendment: Our Island Home Board of Directors, Personnel Board)
To see if the Town will vote, as provided for under Section 6.5 of the Charter, Chapter
289 of the Acts of 1996, to amend the Charter by deleting the words “Our Island Home Board
of Directors, Personnel Board (4 of 5 members),” from the second paragraph under “Section
3.4 – Selectmen Powers as to Appointments, (3).”
or take any other action in relation thereto.
(Allen Reinhard, et al)
FINANCE COMMITTEE MOTION: Moved that the following amendment to the Charter for the
Town of Nantucket, S. L. Chapter 289 of the Acts of 1996 be proposed for approval by the
voters of the town of Nantucket at the next annual town election pursuant to section 6.5
"Amendment of Charter" of said Charter, which proposed amendment is as follows:
the words “Our Island Home Board of Directors, Personnel Board (4 of 5 members),”
shall be deleted from the second paragraph under “Section 3.4 – Selectmen Powers as
to Appointments, (3).”
BOARD OF SELECTMEN COMMENT: The Board supports the Article.
ARTICLE 52
(Bylaw Amendment: Committees)
To see if the Town will vote to amend the Bylaws of the Town of Nantucket, by inserting
under Article V (Reserved) of Chapter 11 Committees, the following:
“ARTICLE V Town Government Study Committee.
Section 11.18. Establishment, Membership:
In the year beginning 2010 and every five years thereafter, the Board of Selectmen shall
appoint a Town Government Study Committee consisting of seven members for a term of one
year.
Section 11.19 Function:
The committee shall review the structure of town government including the town charter and
bylaws and make recommendations to the town meeting concerning amendments to the
charter or bylaws or other recommendations it deems advisable.”
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or take any other action in relation thereto.
(Allen Reinhard, et al)
FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 53
(Bylaw Amendment: Board of Sewer Commissioners)
To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners) 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 strike-out; these methods to denote changes are not
meant to become part of the final text):
§41-3. Sewer districts.
The Board of Sewer Commissioners is authorized to lay out, construct, maintain and operate a
system or systems of common sewers and main drains in public or private ways for a part of
the Town as set forth below for the public convenience or the public health with such
connections and other works as may be required for a system or systems of sewerage or
drainage and sewage treatment and disposal within the sewer districts set forth below. Such
works for sewage treatment and disposal may include any wastewater treatment facility for
treating, neutralizing or stabilizing sewage including treatment or disposal plants; the
necessary intercepting, outfall and outlet sewers, pumping stations integral to such facilities;
and equipment and appurtenances related to the foregoing. For the purposes of this chapter
the word “sewage” shall mean wastewater from homes, public buildings, commercial or
industrial establishments, or any combination thereof, and shall include any surface or ground
water that may be present therein. The following systems of common sewers and main drains
are hereby designated:
A. Town Sewer District: an area outlined in blue on a map entitled, "Comprehensive
Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT," with a summer
average daily flow capacity of 2,800,000 mgd, dated March 2004, or as shown in an
additional area outlined in blue on a supplemental map entitled “Article 14, October 19,
2004 Special Town Meeting Additions to the Town Sewer District dated as of September
15, 2004 Nantucket, Massachusetts,” which area is to be hereafter included in the Town
Sewer District, except the parcels outlined in magenta on Article 14 Supplemental Map 1
shall not be included in this district (on file in the office of the Board of Selectmen), within
which all sewage shall be collected, transported to, treated by and disposed from the
Surfside Wastewater Treatment Facility;
B. Siasconset Sewer District: an area outlined in blue on a map entitled, "Comprehensive
Wastewater Management Plan, (Proposed) SIASCONSET SEWER DISTRICT," with a
summer average daily flow capacity of 220,000 mgd, dated March 2004 (on file in the office
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of the Board of Selectmen), within which all sewage shall be collected, transported to,
treated by and disposed from the Siasconset Wastewater Treatment Facility.
The Board is authorized to amend the Sewer Districts of the Town when such amendments are
tributary to the Surfside or Siasconset Wastewater Treatment Facilities, from a needs area(s) as
defined by the Town’s Comprehensive Wastewater Management Plan, without further action by
Town Meeting.
Or, to take any other action as may be related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: The Finance Committee motion will be provided at the
Town Meeting.
ARTICLE 54
(Bylaw Amendment: Noise)
To see if the Town will vote to make the following changes to Chapter 101 (Noise) of the
Code of the Town on Nantucket:
§ 101-1 Prohibited activities; violations and penalties.
A. It shall be unlawful for any person or persons, between the hours of 10:00 pm
and 7:30 7:00 am
B. It shall be unlawful for any person or persons, between the hours of 10:00 pm
and 7:30 7:00 am.
§ 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
snow blowers, before 7:30 7:00 a.m. Monday through Saturday and before 10:00
a.m. Sunday…
D. Radios, television sets, musical instruments and similar devices. It shall be
unlawful to operate, play or permit the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier or similar
device which produces, reproduces or amplifies sound between the hours of
10:00 p.m. and 7:30 7:00 a.m. in such a manner as to create a noise disturbance
across a real property boundary.
§ 101-4 Noise tables.
A. Table I: Limiting Noise Level for Use Districts.
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(1) For the purpose of this table, “day” shall be defined as 7:30 7:00 a.m. to
10:00 p.m., and “night” shall be defined as 10:00 p.m. to 7:30 7:00 a.m.
(James Lydon, et al)
FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.
ARTICLE 55
(Bylaw Amendment: Town Collector and Town Treasurer/Tax Deferral for Renovated Historic
Properties)
To see if the Town will vote to amend §40 (Town Collector and Town Treasurer) of the
Code of the Town of Nantucket, as follows:
Section 40-4: TAX DEFERRAL FOR RENOVATED HISTORIC PROPERTIES
A. Creation of a Special Property Tax Assessment
A special property tax assessment is created for substantial rehabilitation of owner-occupied
residential properties or those properties subject to a preservation restriction considered
contributing or individually significant within the Nantucket Historic District. The increase in
assessed value resulting from substantial rehabilitation of eligible properties shall beabated for
a period of seven (7) years, then returned to the full assessed value of the property. The
special assessment shall extend only to the building(s) or structure(s) that are rehabilitated.
The purpose of this section is to encourage appropriate renovations tothe interiors and
exteriors of historic buildings.
B. Eligible Properties
In order to be eligible for the special assessment property must meet the following criteria:
a. The property to be rehabilitated must be occupied by the owner exclusively for
residential purposes, or be subject to a preservation restriction, and be listed on the State
Register which is maintained by the Massachusetts Historical Commission (MHC) pursuant to
M.G.L. Ch. 9, Section 26C, either individually or as a contributing or individually significant
element within an historic district.
b. The cost of rehabilitation, as that term is defined in 950 C.M.R- 72.04, must be no
less than 15% of the assessed value of the property prior to rehabilitation. Not less than 5% of
the cost of rehabilitation shall be dedicated to rehabilitation of the exterior of the historic
building,
c. The property owner must present to the Assessor a certificate from the MHC stating
that the proposed rehabilitation meets the Secretary of the Interior's Standards. The Nantucket
Historical Commission may obtain this certification from the MHC for the owner.
C. Application Process
(1) Property Owner: A property owner must submit an application, on a Rehabilitation
Eligibility form provided by the Assessor. The property owner is responsible for the following
information on the Rehabilitation Eligibility form:
(a) certification from the MHC that the rehabilitation as proposed meets the
Secretary of the Interior's Standards;
(b) proof of the applicant’s ownership and occupancy of the subject property, or
proof of a preservation restriction; and
(c) the total cost of certified rehabilitation, with cost breakdown for interior and
exterior structure rehabilitation.
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(2) Assessors: Within 30 days of receipt of a completed Rehabilitation Eligibility form,
the Assessor shall determine whether the proposed rehabilitation meets the eligibility criteria
set forth in Section40-4B, and will notify the owner of its decision via an Eligible Project
Certificate.
(3) Property Owner: No later than two (2) years after completion of the rehabilitation, the
property owner shall provide to the Assessor a certification that the completed work conforms
with the proposed rehabilitation and meets the Secretary of the Interior's Standards. The owner
shall obtain such certification from the MHC, or from the Nantucket Historical Commission, or
from the holder of a preservation restriction, as noted in section 40-4F.
(4) Assessors: The Assessor will grant final approval of the special assessment upon
receiptof the certification described above.
D. Effective Date of Special Assessment
The special assessment will take effect on the first day of the next fiscal year after the
completed work certification is received by the Assessors.
E. Time Limits
(1) An owner shall apply for the special assessment no later than two (2) years after
completion of the rehabilitation certified by the MHC.
(2) In order to be included in the total cost of rehabilitation as defined in 950 C.M.R.
72.04, all rehabilitation work mustbe completed within a three (3) year period.
F. Other Provisions
The following provisions outline policies for ensuring that the owner who receives the special
assessment maintains the property in the manner intended by the enabling legislation.
(1) An owner who applies for the special assessment shall agree in writing to maintain
the subject property in accordance with the Secretary of the Interior's Standards for the
duration of the special assessment. Failure to maintain the property in accordance with
theSecretary of the Interior’s Standards for the agreed period of time shall result in revocation
of the special assessment. The property owner may agree to maintain the property with;
(a) A preservation restriction, including interior spaces
(b) An agreement with the Nantucket Historical Commission to have the chair or
their designee to review thestructure at the completion of the seven year period
(2) In the event that the restriction holder or the Nantucket Historical Commission
informs the Assessor that the owner has failed to maintain the subject property in accordance
with the Secretary of the Interior’s Standards, the Assessor shall notify the owner in writing and
the owner shall have 30 days in which to demonstrate that the property has been maintained in
accordance with the Secretary of the Interior's Standards or, if not, to remedy such failure.
(3) An owner who receives the special assessment shall annually, for the duration of the
special assessment,
(a) provide the Assessor with written certification that he or she still owns and
occupies the property which is the subject of the special assessment, unless a
preservation restriction has been placed on the structure
prior to the work,
(b) provide the Assessor with certification from the MHC, or from the Nantucket
Historical Commission, that the property continues to be in compliance with the
Secretary of the Interior's Standards and that the subject property is still listed on
the State Register.
(4) The date of any of the following occurrences shall terminate the special assessment:
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
(a) written notice from the owner to the Assessors requesting removal of the
special assessment;
(b) failure to provide certification of compliance with the Secretary of the Interior's
Standards;
(c) sale or transfer of ownership during the seven (7) year period, except in the
course of probate proceedings, or unless a preservation restriction has been
placed on the structure prior to the work; or
(d) removal of the property from the local historic district.
(Aaron Marcavitch et al)
FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 56
(Extension of Energy Study Committee)
To see if the Town of Nantucket will vote to extend the sunset date for the Nantucket
Energy Study Committee from April 2007 to April 2010, with five members to be appointed by
the Board of Selectman for a three year term.
(Barbara Gookin, et al)
FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee. The Board has the authority to establish or extend the committee at any time.
ARTICLE 57
(Acceptance of G.L. Ch. 32, s. 4: Retirement Systems and Pensions/Creditable Service)
To see if the Town will vote to accept the provisions of Massachusetts General Law
Chapter 32, section 4(2)B½ , which provides as set forth below, or to take any other action
related thereto:
"b1/2) In any city, town, or fire district, which accepts the provisions of this paragraph, service
as a permanent-intermittent or call firefighter shall be credited as full-time service as provided
in paragraph (b), except that credit for such service shall not be conditioned upon the
appointment of said permanent-intermittent or call firefighter as a permanent member of the fire
department. This paragraph shall take effect in a city by vote of the city council in accordance
with its city charter, in a town which maintains a separate contributory retirement system by
vote of the town meeting, in a town whose eligible members are members of the county
retirement system of the county wherein such town lies by vote of the town meeting, in a district
which maintains a separate contributory retirement system by vote of the district meeting, and
in a district the eligible employees of which are members of a county retirement system by vote
of the district meeting."
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(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the provisions of MGL c. 32, s. 4(2)B½ are
accepted.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 58
(Acceptance of Massachusetts General Law/Call Firefighters Health Insurance)
To see if the Town will vote to accept the provisions of Chapter 46, Section 12 of the
Acts of 2003, thereby including a member of the call fire department or other volunteer
emergency service agency serving the town within the definition of “Employee” under M.G.L. c.
32B, Section 2 (d).
(Kenneth Gullicksen, et al)
FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.
FINANCE COMMITTEE COMMENT: While the Finance Committee endorses the concept of
allowing call firefighters to have the opportunity to participate in the Town’s health insurance
plan under this MGL (which requires that the call firefighter pay 100% of the health insurance
premium), the Committee is concerned about financial implications to the Town’s costs,
because the Town is self-insured, and recommends that a financial analysis be conducted and
the results provided to the Board of Selectmen to use to put the article forward at a future town
meeting.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 59
(Home Rule Petition: Historic District Commission)
To see if the Town will vote to request its representatives in the General Court to
introduce legislation seeking a special act so as to amend the Historic District Commission
enabling legislation to allow for the interior preservation of historic buildings, defined as any
building listed as individually significant or contributing to the Nantucket Historic District, as
follows: historic buildings shall be protected by preserving and retaining primary and
secondary framing members in place and consistent with the original date of construction
and/or qualifying later additions. Primary and secondary framing members include but are not
limited to the following:
Timber and Balloon Frame construction – principal roof rafters, common rafters, collar beams,
wind braces, common purlins, two-story and single story studs, end tie beams, fascia plates,
story posts, chimney posts, corner posts, prick posts, summer beams (binding and bridging),
girts, end bearers, floor joists, sleepers, ground sills and chimneys.
And, to authorize the General Court with the approval of the Board of Selectmen to make
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
constructive changes in perfecting the language of this proposed legislation in order to secure
passage; and to take any other action as may be relative thereto.
(Board of Selectmen for Historic District Commission)
FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.
FINANCE COMMITTEE COMMENT: The Committee endorses the concept set forth in the
Article but suggests that the HDC work with Town Counsel on appropriate language to
accomplish the objective.
ARTICLE 60
(Home Rule Petition: Sewer Authority)
To see if the Town will vote to request its representatives in the General Court to
introduce legislation seeking a special act so as to designate additional authority to the Town of
Nantucket and/or Board of Selectmen regarding authority for sewer-related matters; and, to
authorize the General Court with the approval of the Board of Selectmen to make constructive
changes in perfecting the language of this proposed legislation in order to secure passage; and
to take any other action as may be relative thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: The Finance Committee motion will be provided at the
Town Meeting.
ARTICLE 61
(Home Rule Petition: Land Bank Act Amendment)
To see if the Town will vote to present to the General Court a Home Rule Petition set
forth below and to request the Town's representatives in the General Court to introduce
legislation amending the Nantucket Islands Land Bank Act as set forth below and to authorize
the Board of Selectmen of the Town to make constructive changes in perfecting the language
of this legislation in order to secure passage, it being the intent to authorize the Board of
Selectmen and the General Court to vary the specific text of the requested legislation within the
scope of the general public objectives of this home rule petition, such legislation to read
substantially as follows:
An Act to further clarify the Nantucket Islands Land Bank Act regarding real property interests
subject to the Land Bank Act's transfer fee.
The Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by
chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts
of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370
of the Acts of 2002, and by chapter 130 of the Acts of 2006, referred to collectively as the
"Land Bank Act") is hereby amended as follows:
(a) The definition of "Real property interest" appearing in Section 1 of the Land Bank Act shall
be restated in its entirety to the following:
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
"Real property interest", 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 Massachusetts General Laws chapter 183A; 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 thirty 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.
(b) Section 10A of the Land Bank Act is hereby repealed in its entirety.
(c) The following sentence shall be inserted at the end of the preamble to Section 12 of the
Land Bank Act: "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."
(d) Section 12 (-i-) of the Land Bank Act shall be amended by deleting the portion thereof
commencing with "provided, however, that such . . ." through the end of subsection (-i-), and
the following shall be inserted in lieu thereof:
provided, however, that such transfer shall be exempt only in the event that (i) 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 (ii) 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.
(e) Section 12 (-j-) of the Land Bank Act shall be entirely restated as follows:
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.
(f) Delete from Section 12 (-m-) of the Land Bank Act the words "The first" from the beginning
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
of the subsection, and capitalize the word "an", which becomes the first word of the subsection.
(g) Add new subsection (-n-) to Section 12 of the Land Bank Act, as follows:
(-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.
(h) Add new subsection (-d-) to Section 14 of the Land Bank Act, as follows:
(-d-) If the Commission has determined that a fee is due by asserting the application of the
evasion of fee doctrine described in Section 12 of this Act, then the transferee shall have the
burden of demonstrating by clear and convincing evidence as determined by the Commission
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 of this Act 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
Commission that the asserted non-fee-avoidance business purpose is commensurate with the
amount of the fee pursuant to Section 10 to be thereby avoided.
Or to take any other action related thereto.
(Board of Selectmen for Nantucket Islands Land Bank Commission)
FINANCE COMMITTEE MOTION: Moved that the Home Rule petition set forth below be
presented to the General Court, that the town's representatives in the General Court be
requested to introduce legislation set forth below, and that the General Court be authorized,
with the approval of the Nantucket Board of Selectmen, to vary the specific text of the
requested legislation within the scope of the public policy objectives of the Home Rule Petition
set forth below:
An Act to further clarify the Nantucket Islands Land Bank Act regarding real property interests
subject to the Land Bank Act's transfer fee.
The Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by
chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts
of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370
of the Acts of 2002, and by chapter 130 of the Acts of 2006, referred to collectively as the
"Land Bank Act") is hereby amended as follows:
(a) The definition of "Real property interest" appearing in Section 1 of the Land Bank Act shall
be restated in its entirety to the following:
"Real property interest", 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
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
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 Massachusetts General Laws chapter 183A; 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 thirty 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.
(b) Section 10A of the Land Bank Act is hereby repealed in its entirety.
(c) The following sentence shall be inserted at the end of the preamble to Section 12 of the
Land Bank Act: "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."
(d) Section 12 (-i-) of the Land Bank Act shall be amended by deleting the portion thereof
commencing with "provided, however, that such . . ." through the end of subsection (-i-), and
the following shall be inserted in lieu thereof:
provided, however, that such transfer shall be exempt only in the event that (i) 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 (ii) 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.
(e) Section 12 (-j-) of the Land Bank Act shall be entirely restated as follows:
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.
(f) Delete from Section 12 (-m-) of the Land Bank Act the words "The first" from the beginning
of the subsection, and capitalize the word "an", which becomes the first word of the subsection.
(g) Add new subsection (-n-) to Section 12 of the Land Bank Act, as follows:
(-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
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.
(h) Add new subsection (-d-) to Section 14 of the Land Bank Act, as follows:
(-d-) If the Commission has determined that a fee is due by asserting the application of the
evasion of fee doctrine described in Section 12 of this Act, then the transferee shall have the
burden of demonstrating by clear and convincing evidence as determined by the Commission
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 of this Act 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
Commission that the asserted non-fee-avoidance business purpose is commensurate with the
amount of the fee pursuant to Section 10 to be thereby avoided.
FINANCE COMMITTEE COMMENT: Under the current statute, the Land Bank fee may apply
differently for some entities which own real property in Nantucket (corporations, trusts,
partnerships, limited liability corporations, etc.). The proposed revisions will eliminate this
disparity by making the fee apply uniformly, regardless of the type of entity owning the
property.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 62
(Home Rule Petition: Community Preservation Act)
To see if the Town of Nantucket will vote to amend the Community Preservation
Committee law (MGL c. 44B, §§ 3-7) as adopted by the Town of Nantucket in April 2001, by
changing the language in section six by deleting the stricken text and adding the parenthetical
text, as shown below;
Section 6. In every fiscal year and upon the recommendation of the community preservation
committee, the legislative body shall spend, or set aside for later spending, not less than 10 per
cent of the annual revenues in the Community Preservation Fund for open space, but not
including land for recreational use, not less than 10 per cent of the annual revenues for historic
resources and not less than 10 (80) per cent of the annual revenues for community housing.
(Barbara Gookin, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
ARTICLE 63
(Home Rule Petition: Nantucket Islands Land Bank)
To see if the Town will vote to request its representatives in the General Court to
introduce legislation seeking to amend the current Land Bank Act to provide that 25% of all
funds collected each year be allocated for the purpose of affordable housing on Nantucket; and
further to allow that certain Land Bank lands may be used for such housing as approved by
Town Meeting, and to authorize the General Court with the approval of the Board of Selectmen
to make constructive changes in perfecting the language of this proposed legislation in order to
secure passage.
(Curtis L. Barnes, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 64
(Home Rule Petition: Conveyance of Land by the County)
To see if the Town will vote to petition the General Court for enactment of a Home Rule
special act set forth below and to request Nantucket’s representatives to the General Court to
introduce a Special Act set forth below, and further to authorize the General Court, with the
approval of the Board of Selectmen, to 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 with respect thereto:
AN ACT APPROVING THE CONVEYANCE OF PROPERTY BY THE COUNTY OF
NANTUCKET
Section 1. The County of Nantucket is hereby authorized to convey land owned by the County
of Nantucket to the Town of Nantucket without any consideration therefore and to take
whatever actions are necessary to transfer ownership of the following parcels:
• A parcel of land, formerly part of a County roadway known as Sherburne
Turnpike at it’s intersection with Hamblin Road, as shown on a plan entitled “Proposed
Modification of Sherburne Turnpike” dated February 2007 on file with Nantucket
Planning Office; and
• A parcel of land, formerly part of a County roadway known as Milestone Road at
its intersection with Polpis Road, as shown on a plan entitled “Proposed Modification of
Milestone Road” dated February 2007 on file with Nantucket Planning Office.
Section 2. A majority of the voters at an Annual or Special Town Meeting shall approve
acceptance of any and all transfers authorized in Section 1, prior to such conveyances taking
effect.
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Section 3. The provisions of Chapter 30B General Laws and any rights of first refusal in the
Commonwealth under the provisions Section 14 of Chapter 34 of General Laws shall not be
applicable to any conveyance authorized hereunder.
Section 4. This Act shall take effect upon passage.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Home Rule petition set forth below be
presented to the General Court, that the town's representatives in the General Court be
requested to introduce legislation set forth below, and that the General Court be authorized,
with the approval of the Nantucket Board of Selectmen, to vary the specific text of the
requested legislation within the scope of the public policy objectives of the Home Rule Petition
set forth below:
AN ACT APPROVING THE CONVEYANCE OF PROPERTY BY THE COUNTY OF
NANTUCKET
Section 1. The County of Nantucket is hereby authorized to convey land owned by the County
of Nantucket to the Town of Nantucket without any consideration therefore and to take
whatever actions are necessary to transfer ownership of the following parcels:
• A parcel of land, formerly part of a County roadway known as Sherburne
Turnpike at it’s intersection with Hamblin Road, as shown on a plan entitled “Proposed
Modification of Sherburne Turnpike” dated February 2007 on file with Nantucket
Planning Office; and
• A parcel of land, formerly part of a County roadway known as Milestone Road at
its intersection with Polpis Road, as shown on a plan entitled “Proposed Modification of
Milestone Road” dated February 2007 on file with Nantucket Planning Office.
Section 2. A majority of the voters at an Annual or Special Town Meeting shall approve
acceptance of any and all transfers authorized in Section 1, prior to such conveyances taking
effect.
Section 3. The provisions of Chapter 30B General Laws and any rights of first refusal in the
Commonwealth under the provisions Section 14 of Chapter 34 of General Laws shall not be
applicable to any conveyance authorized hereunder.
Section 4. This Act shall take effect upon passage.
ARTICLE 65
(Home Rule Petition: Radio Monitor Site)
To see if the Town will vote to petition the General Court for enactment of a Home Rule
special act set forth below and to request Nantucket’s representatives to the General Court to
introduce a Special Act set forth below, and further to authorize the General Court, with the
approval of the Board of Selectmen, to make constructive changes in language as may be
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
necessary or advisable towards perfecting the intent of this legislation in order to secure
passage, or to take any other action with respect thereto:
AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, OR TO SELL, CONVEY
OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET
FOR ANY LAWFUL PURPOSE
Be it enacted by the Senate and the House of Representatives in General Court assembled,
and by authority of the same, as follows:
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts, notwithstanding the provisions of any general or special law
to the contrary, the Town of Nantucket may use for any lawful general municipal purpose, or
may sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and
described as the Town of Nantucket Assessor’s Map 32, Parcel 23, or any portion thereof.
Section 2. This act shall take effect upon its passage.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Home Rule petition set forth below be
presented to the General Court, that the town's representatives in the General Court be
requested to introduce legislation set forth below, and that the General Court be authorized,
with the approval of the Nantucket Board of Selectmen, to vary the specific text of the
requested legislation within the scope of the public policy objectives of the Home Rule Petition
set forth below:
AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, OR TO SELL, CONVEY
OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET
FOR ANY LAWFUL PURPOSE
Be it enacted by the Senate and the House of Representatives in General Court assembled,
and by authority of the same, as follows:
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts, notwithstanding the provisions of any general or special law
to the contrary, the Town of Nantucket may use for any lawful general municipal purpose, or
may sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and
described as the Town of Nantucket Assessor’s Map 32, Parcel 23, or any portion thereof.
Section 2. This act shall take effect upon its passage.
ARTICLE 66
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise grant a permanent easement or lesser interest over property owned by the Town of
Nantucket at 43 Eel Point Road (known as Assessors Map 32, Parcel 23) or a portion thereof,
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
to be used for driveway purposes (but not for parking), in exchange for a permanent easement
over certain real property located at 39 Eel Point Road (known as Assessors Map 32, Parcel
22) or a portion thereof, to be used for maintaining pedestrian access to and from Dionis
Beach, and to take any other action as may be related or appropriate thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Board of Selectmen is hereby authorized to
sell, convey or otherwise grant a permanent easement or lesser interest over property owned
by the Town of Nantucket at 43 Eel Point Road (known as Assessors Map 32, Parcel 23) or a
portion thereof, to be used for driveway purposes (but not for parking), in exchange for a
permanent easement over certain real property located at 39 Eel Point Road (known as
Assessors Map 32, Parcel 22) or a portion thereof, to be used for maintaining pedestrian
access to and from Dionis Beach.
ARTICLE 67
(Real Estate Acquisition)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain the fee title or lesser title interest in a certain parcel of land, identified as
Assessors Map 78, Parcel 4 and known as the Proprietors' South Pasture Land, or any
portions thereof, for general municipal purposes, or take any other action as may be
appropriate or related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
acquire by purchase, gift or eminent domain the fee title or lesser title interest in a certain
parcel of land, identified as Assessors Map 78, Parcel 4 and known as the Proprietors' South
Pasture Land, or any portions thereof, for general municipal purposes.
ARTICLE 68
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of certain property owned by the Town of Nantucket, identified as Assessors
Map 78, Parcel 4 and known as the Proprietors' South Pasture Land, or any portions thereof,
and to take any other action as may be related or appropriate thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
sell, convey or otherwise dispose of certain property owned by the Town of Nantucket,
identified as Assessors Map 78, Parcel 4 and known as the Proprietors' South Pasture Land, or
any portions thereof, to the Nantucket Islands Land Bank.
ARTICLE 69
(Real Estate Acquisition)
To see if the Town will vote to authorize the Nantucket Islands Land Bank to acquire by
purchase, gift or eminent domain the fee title or lesser title interest in a certain parcel of land,
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Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
identified as Assessors Map 78, Parcel 4 and known as the Proprietors' South Pasture Land, or
any portions thereof, for any lawful purposes pursuant to the Nantucket Islands Land Bank Act,
or take any other action as may be appropriate or related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Nantucket Islands Land Bank Commission
is hereby authorized to acquire by purchase, gift or eminent domain the fee title or lesser title
interest in a certain parcel of land, identified as Assessors Map 78, Parcel 4 and known as the
Proprietors' South Pasture Land, or any portions thereof, for any lawful purposes pursuant to
the Nantucket Islands Land Bank Act, provided however that this authorization shall not
include any land, title or property interests held by the Town.
ARTICLE 70
(Home Rule Petition: Real Estate Conveyance)
To see if the Town will vote to petition the General Court for enactment of a Home Rule
special act set forth below and to request Nantucket’s representatives to the General Court to
introduce a Special Act set forth below, and further to authorize the General Court, with the
approval of the Board of Selectmen, to 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 with respect thereto:
AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK AND THE TOWN OF
NANTUCKET TO USE, OR TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN
LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE
Be it enacted by the Senate and the House of Representatives in General Court assembled,
and by authority of the same, as follows:
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts notwithstanding the provisions of any general or special law
to the contrary, the Nantucket Islands Land Bank and the Town of Nantucket may use for any
lawful general municipal purpose, or may sell, convey or otherwise dispose of certain land
situated in the Town of Nantucket and described as the Town of Nantucket Assessor’s Map 78,
Parcel 4, or any portion thereof.
Section 2. This act shall take effect upon its passage.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Home Rule petition set forth below be
presented to the General Court, that the town's representatives in the General Court be
requested to introduce legislation set forth below, and that the General Court be authorized,
with the approval of the Nantucket Board of Selectmen, to vary the specific text of the
requested legislation within the scope of the public policy objectives of the Home Rule Petition
set forth below:
Page 81
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK AND THE TOWN OF
NANTUCKET TO USE, OR TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN
LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE
Be it enacted by the Senate and the House of Representatives in General Court assembled,
and by authority of the same, as follows:
Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the
Commonwealth of Massachusetts notwithstanding the provisions of any general or special law
to the contrary, the Nantucket Islands Land Bank and the Town of Nantucket may use for any
lawful general municipal purpose, or may sell, convey or otherwise dispose of certain land
situated in the Town of Nantucket and described as the Town of Nantucket Assessor’s Map 78,
Parcel 4, or any portion thereof.
Section 2. This act shall take effect upon its passage.
ARTICLE 71
(Real Estate Conveyance)
To see if the Town will vote to settle the case concerning whether the Town, acting
through the Airport, owns the land underneath the house where the Shaw family lives year-
round, by accepting from the Shaw family a reasonable payment in exchange for the Town’s
Agreement for Judgment that Mr. Shaw owns that land. The land is shown on Nantucket
Assessor’s Map 88 as Parcel 23 and is known as 58 Madequecham Valley Road.
(Eric Shaw, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The land specified in the Article is presently the subject
of a court case, pending in Nantucket Superior Court. The outcome of the litigation and a
related case, pending before the state Supreme Judicial Court, is the appropriate venue to
resolve the matter.
BOARD OF SELECTMEN COMMENT: The Board supports the motion of the Finance
Committee.
ARTICLE 72
(Real Estate Acquisition)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain the fee title or lesser title interests in the following parcels of land, for
general municipal purposes and to confirm the Town's title to such properties, or take any other
action as may be appropriate or related thereto:
Map Parcel(s) Address
60.2.4 25 New Hampshire Avenue
60.3.1 412 6 New Hampshire Avenue
60.3.1 433, 459 10 Maine Avenue
Page 82
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
60.3.1 445 2 Maine Avenue
60.3.1 446 2 New Hampshire Avenue
60.3.1 182, 183 29 New Hampshire Avenue
60.3.1 182, 185 31 New Hampshire Avenue
60.3.1 367, 368 9 New Jersey Avenue
60.3.1 160, 161 26 Rhode Island Avenue
79 140 35R Skyline Drive
82 331 Saccacha Avenue
80 101.1 143 Surfside Road
71.3.2 279 6 Ipswich Street
82 354, 355 Miacomet Avenue South
82 366, 367 Miacomet Avenue South
82 375 Mattapoisett Avenue
82 408 Marion Avenue
82 408.1 Marion Avenue
82 409.1 Marion Avenue
87 13 Poplar Street
Or, to take any other action as may be related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
acquire by purchase, gift or eminent domain the fee title or lesser title interests in the following
parcels of land, for general municipal purposes and to confirm the Town's title to such
properties, or take any other action as may be appropriate or related thereto:
Map Parcel(s) Address
60.2.4 25 New Hampshire Avenue
60.3.1 412 6 New Hampshire Avenue
60.3.1 433, 459 10 Maine Avenue
60.3.1 445 2 Maine Avenue
60.3.1 446 2 New Hampshire Avenue
60.3.1 182, 183 29 New Hampshire Avenue
60.3.1 182, 185 31 New Hampshire Avenue
60.3.1 367, 368 9 New Jersey Avenue
60.3.1 160, 161 26 Rhode Island Avenue
79 140 35R Skyline Drive
82 331 Saccacha Avenue
80 101.1 143 Surfside Road
71.3.2 279 6 Ipswich Street
82 354, 355 Miacomet Avenue South
82 366, 367 Miacomet Avenue South
82 375 Mattapoisett Avenue
82 408 Marion Avenue
82 408.1 Marion Avenue
82 409.1 Marion Avenue
Page 83
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
87 13 Poplar Street
ARTICLE 73
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey, release
or otherwise dispose of the following parcels of Town land or lesser interests the Town may
have therein, subject to Massachusetts G.L. c. 30B and guidelines established under the
"Nantucket Yard Sales" program on file with the Board of Selectmen's office, and to take any
other action as may be related or appropriate thereto.
Map Parcel(s) Address
60.2.4 25 New Hampshire Avenue
60.3.1 412 6 New Hampshire Avenue
60.3.1 433, 459 10 Maine Avenue
60.3.1 445 2 Maine Avenue
60.3.1 446 2 New Hampshire Avenue
60.3.1 182, 183 29 New Hampshire Avenue
60.3.1 182, 185 31 New Hampshire Avenue
60.3.1 367, 368 9 New Jersey Avenue
60.3.1 160, 161 26 Rhode Island Avenue
79 140 35R Skyline Drive
82 331 Saccacha Avenue
80 101.1 143 Surfside Road
71.3.2 279 6 Ipswich Street
82 354, 355 Miacomet Avenue South
82 366, 367 Miacomet Avenue South
82 375 Mattapoisett Avenue
82 408 Marion Avenue
82 408.1 Marion Avenue
82 409.1 Marion Avenue
87 13 Poplar Street
32 none Adj. 101, 102 and14
Sherburne Turnpike
Or, to take any other action as may be related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
sell, convey, release or otherwise dispose of the following parcels of Town land or lesser
interests the Town may have therein, subject to Massachusetts G.L. c. 30B and guidelines
established under the "Nantucket Yard Sales" program on file with the Board of Selectmen's
office, and to take any other action as may be related or appropriate thereto.
Map Parcel(s) Address
60.2.4 25 New Hampshire Avenue
Page 84
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Map Parcel(s) Address
60.3.1 412 6 New Hampshire Avenue
60.3.1 433, 459 10 Maine Avenue
60.3.1 445 2 Maine Avenue
60.3.1 446 2 New Hampshire Avenue
60.3.1 182, 183 29 New Hampshire Avenue
60.3.1 182, 185 31 New Hampshire Avenue
60.3.1 367, 368 9 New Jersey Avenue
60.3.1 160, 161 26 Rhode Island Avenue
79 140 35R Skyline Drive
82 331 Saccacha Avenue
80 101.1 143 Surfside Road
71.3.2 279 6 Ipswich Street
82 354, 355 Miacomet Avenue South
82 366, 367 Miacomet Avenue South
82 375 Mattapoisett Avenue
82 408 Marion Avenue
82 408.1 Marion Avenue
82 409.1 Marion Avenue
87 13 Poplar Street
32 none Adj. 101, 102 and14
Sherburne Turnpike
ARTICLE 74
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of any interest the Town may have in or to that certain property located at 9
New Jersey Avenue and known as Lots 1 and 2 in Block No. 31 on Plan No. 2408-M on file
with the Nantucket County Registry District, subject to Massachusetts G.L. c. 30B, and to take
any other action as may be related or appropriate thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
sell, convey or otherwise dispose of any interest the Town may have in or to that certain
property located at 9 New Jersey Avenue and known as Lots 1 and 2 in Block No. 31 on Plan
No. 2408-M on file with the Nantucket County Registry District, subject to Massachusetts G.L.
c. 30B.
ARTICLE 75
(Real Estate Conveyance)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or
otherwise dispose of the following parcels of land to the Nantucket Islands Land Bank:
Map Parcel Address
Page 85
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
Map Parcel Address
80 39 “Surfside”
80 105 “Weweeder Pond”
80 106 “Weweeder Pond”
80 107 “Surfside”
80 146 “Surfside”
80 147 “Surfside”
80 148 “Surfside”
80 219 “Atlantic Ave”
87 4 51 Western Avenue
87 134 “Weweeder Pond”
including any unconstructed, unimproved or “paper” ways, or any portions thereof, located
within the boundaries of any of such parcels (including but not limited to Washington Street,
May Street, Lake Street, Reedy Street and other unnamed ways), as shown on a plan entitled
“Proposed transfer of Town parcels at Weweeder Pond Valley to the Land Bank,” dated
January 2007, on file at the Nantucket Planning Office, and to take any other action as may be
related or appropriate thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized
to sell, convey or otherwise dispose of the following parcels of land to the Nantucket Islands
Land Bank:
Map Parcel Address
80 39 “Surfside”
80 105 “Weweeder Pond”
80 106 “Weweeder Pond”
80 107 “Surfside”
80 146 “Surfside”
80 147 “Surfside”
80 148 “Surfside”
80 219 “Atlantic Ave”
87 4 51 Western Avenue
87 134 “Weweeder Pond”
Page 86
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
including any unconstructed, unimproved or “paper” ways, or any portions thereof, located
within the boundaries of any of such parcels (including but not limited to Washington Street,
May Street, Lake Street, Reedy Street and other unnamed ways), as shown on a plan entitled
“Proposed transfer of Town parcels at Weweeder Pond Valley to the Land Bank,” dated
January 2007, on file at the Nantucket Planning Office.
ARTICLE 76
(Real Estate Disposition)
To see if the Town will vote to discontinue the ways known as Washington Street, May
Street, Reedy Street and other unnamed ways as referenced in the plan below or any portions
thereof; and all public rights of pass over said way, and any other interests that may exist in
said ways to be discontinued, which are shown on a map titled “Proposed Transfer of Town
Parcels at Weweeder Pond Valley to the Land Bank” dated January, 2007 on file at the
Nantucket Planning Office; or, to take any other action as may be related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the ways known as Washington Street, May
Street, Reedy Street and other unnamed ways as referenced in the plan below or any portions
thereof; and all public rights of pass over said way, and any other interests that may exist in
said ways to be discontinued, which are shown on a map titled “Proposed Transfer of Town
Parcels at Weweeder Pond Valley to the Land Bank” dated January, 2007 on file at the
Nantucket Planning Office be hereby discontinued.
ARTICLE 77
(Real Estate Disposition)
To see if the Town will vote to authorize the Board of Selectmen to grant a restrictive
covenant to prohibit the subdivision or separate sale of the following three (3) parcels of land:
(i) Assessor’s Map 39, Parcel 14, also shown as Lot 6 on plan on file with the Nantucket
County Registry District as plan 35656C, Sheet 2 and filed with Certificate of Title No. 10145,
(ii) Assessor’s Map 58, Parcel 38, also shown on plan on file with Nantucket County Registry
District as plan 4837A and filed with Certificate of Title No. 4346, and (iii) Assessor’s Map 58,
Parcel 1, which is land described in that certain Order of Taking recorded at the Nantucket
County Registry of Deeds in Book 125, Page 333, or to otherwise dispose of any interest the
Town may have in said parcel(s), subject to Massachusetts G.L. c. 30B, and to take any other
action as may be related or appropriate thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
grant a restrictive covenant to prohibit the subdivision or separate sale of the following three (3)
parcels of land: (i) Assessor’s Map 39, Parcel 14, also shown as Lot 6 on plan on file with the
Nantucket County Registry District as plan 35656C, Sheet 2 and filed with Certificate of Title
No. 10145, (ii) Assessor’s Map 58, Parcel 38, also shown on plan on file with Nantucket
County Registry District as plan 4837A and filed with Certificate of Title No. 4346, and (iii)
Assessor’s Map 58, Parcel 1, which is land described in that certain Order of Taking recorded
Page 87
Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions
at the Nantucket County Registry of Deeds in Book 125, Page 333, or to otherwise dispose of
any interest the Town may have in said parcel(s), subject to Massachusetts G.L. c. 30B.
ARTICLE 78
(Real Estate Disposition: Grant of Easement)
To see if the Town will vote to authorize the Board of Selectmen to grant an access and
utility easement to National Grid, its parents or affiliates, for the purpose of installing, operating
and maintaining certain electric distribution equipment on, over, through and under land owned
by the Town shown as Parcel 135 on Assessor’s Map 87 and described in Book 474, Page 338
recorded in the Nantucket Registry of Deeds; and, to take any other action as may be
appropriate or related thereto, as determined by the Board of Selectmen.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to
grant an access and utility easement to National Grid, its parents or affiliates, for the purpose
of installing, operating and maintaining certain electric distribution equipment on, over, through
and under land owned by the Town shown as Parcel 135 on Assessor’s Map 87 and described
in Book 474, Page 338 recorded in the Nantucket Registry of Deeds.
ARTICLE 79
(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, s. 5B of the 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 2008 tax levy.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that Six Hundred Thousand Dollars ($600,000) is
appropriated from the Fiscal Year 2008 tax levy and other general revenues of the Town for
the Stabilization Fund.
ARTICLE 80
(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 ensuing Fiscal Year and to authorize the Assessors to use in the
fixing the rate, pass any vote, or take any other action relative thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that One Million One Hundred Thirty-eight
Thousand Dollars ($1,138,000) be transferred from free cash in the treasury of the Town for
the purposes of meeting the appropriations for the ensuing fiscal year by authorizing the
Assessors to use such sum in fixing the tax rate.
Page 1 of 4
MAIN MOTION BY FINANCE COMMITTEE AS AMENDED BY
WHEATLEY/GIBBS/READE, ADOPTED BY MAJORITY VOICE VOTE:
Moved that the Home Rule petition set forth below be presented to the General Court,
that the town's representatives in the General Court be requested to introduce
legislation set forth below, and that the General Court be authorized, with the approval
of the Nantucket Board of Selectmen, to vary the specific text of the requested
legislation within the scope of the public policy objectives of the Home Rule Petition set
forth below:
Nantucket Sewer Act
Section 1. The Town of Nantucket, acting by and through the Nantucket Sewer
Commission described in Section 3, may layout, plan, construct, maintain and operate a
system or systems of common sewers for a part or whole of its territory, as may be from
time to time defined and established by adoption by town meeting of one or more
bylaws as a designated Sewer District under the jurisdiction and control of the Sewer
Commission, with such capacity limitations, connections, pumping stations, treatment
plants and other works, as may be allocated in such bylaw to such Sewer District as
required for a system or systems of sewage treatment and disposal, and may construct
such sewers and related works in said Sewer Districts defined and established by bylaw
as may be necessary. No other sewers shall be constructed in any public roads or
ways of the Town which are not within the limits of such designated Sewer Districts and
which are not under the control of the Sewer Commission.
Section 2. Said town may make and maintain, within Sewer Districts defined and
established as set forth in section 1 of this Act in any way therein where common
sewers are constructed, such connecting sewers within the limits of such way as may
be necessary to connect any estate which abuts upon the way within such District.
Section 3. Notwithstanding the provisions of Sessions Law, Chapter 169 of the Acts of
1965 as amended by Sessions Law Chapter 359 of the Acts of 1987 entitled “An Act
Authorizing the Town of Nantucket to Establish a Board of Public Works Exercising the
Powers of certain other Boards, Commissions, Departments and Town Officers”, said
town may, at any town meeting, by a two-thirds vote, vote that the board of selectmen
shall act as a Nantucket Sewer Commission, or that there shall be a separate Nantucket
Sewer Commission the members of which shall be appointed by the Board of
Selectmen or elected by popular vote for three year terms. The number, constitution
and the choice of elected or appointed commissioners of a separate Sewer Commission
shall also be determined by a two-thirds vote of Town Meeting. If a separate Nantucket
Sewer Commission is established by Town Meeting, any Selectman shall be eligible to
serve as a member thereof. Town Meeting shall be authorized to change the method of
establishment of the Nantucket Sewer Commission described herein without any
limitation on the number of times such Commission may be established or re-
established as the case may be, by a two-thirds vote. Whenever the phrase “Nantucket
Page 2 of 4
Sewer Commissioners” occurs in the Act, such phrase shall include within its meaning
either the Board of Selectmen acting as Nantucket Sewer Commissioners, or the
separate appointed or elected Nantucket Sewer Commission.
Section 4. The Nantucket Sewer Commission, acting for and on behalf of said town,
shall have charge of and shall be responsible for the policies, finances, and overall
goals of the sewer system, but shall be subject to the Town Charter, S.L. 289 of the
Acts of 1996 as to the administration and management of the systems operation and
maintenance, and shall be responsible for the good order of all sewers, pipes, pumping
stations, treatment and disposal works, and the like. The operations of the Nantucket
Sewer Commission shall be governed by, and any staff or employees shall be
considered part of Town Administration within the meaning of, the Charter of the Town
of Nantucket, S. L. Ch. 289 of the Acts of 1996, unless changed or modified pursuant to
said Charter.
Section 5. The Board of Selectmen acting for and on behalf of said town, after being
duly authorized to do so by town meeting, may take by eminent domain pursuant to
chapter seventy-nine of the General Laws of the Commonwealth, or otherwise may,
utilizing the procedures described in the Nantucket Charter, S. L. Ch. 289 of the Acts of
1996, acquire by purchase, or gift any lands, rights of way easements public or private
in said town necessary for accomplishing any purpose mentioned in this Act and may
construct such sewers under or over any state road, any bridge, pier, tidelands,
boulevards or other public way, or within the location of any state land, without the
necessity for any formal filings in the registry of deeds, and may enter upon and dig up
any private land or any public land or public way, for the purpose of laying such sewers
and of maintaining and repair of the same, and may do any other thing properly or
necessary for the purposes of this Act.
Section 6. The financial operations of the sewer system shall be an Enterprise Fund
within the meaning of G. L. Ch. 44, s. 53F½, except as modified herein, and any
expenditure from such Fund shall be only upon authorization of the Nantucket Sewer
Commission. The town shall, by vote at town meeting, determine whether it shall pay
the whole or a portion of the cost of said system or systems of sewerage and sewage
disposal, and if a portion, what proportion. If the town votes to pay less than the whole
cost, in providing for the payment of the remaining portion of the cost of said system or
systems, the town, acting through the Nantucket Sewer Commission, may avail itself of
any or all of the methods permitted by the general laws; and the provisions of said
general laws relative to the assessment, apportionment, division, reassessment,
abatement and collection of sewer assessments or the additional methods set forth in
Section 8 of this Act, and as to liens therefore and to interest thereon, shall apply to
assessments made pursuant to this Act by the Nantucket Sewer Commission, except
that interest shall be at the rate as may be established by the Nantucket Sewer
Commission from time to time.
Page 3 of 4
At the same meeting at which town meeting determines that any portion of the cost is to
be borne by the town, it may by vote determine by which of such methods the remaining
portion of said cost shall be provided for.
The collector of taxes of said town shall certify the payment or payments of any such
assessment or apportionments thereof to the Sewer Commission or to the Selectmen
acting as such, who shall preserve a record thereof.
Section 7. The revenues received by the Fund described in section 6 of this Act from
sewer assessments, fees, charges, contributions from the Town towards the costs of
such sewer system as described in section 6, and the like as receipts or revenues, shall
be applied to the payment of charges and expenses incident to the design, construction,
maintenance, and operation of said system or systems of sewerage and sewage
disposal or to the extensions thereof, to the payment of principal or interest upon bonds
or notes issued for sewer purposes, or to the payment or redemption of such bonds or
notes.
Section 8. The Nantucket Sewer Commission may, in its discretion, prescribe for the
users of said sewer systems and disposal works such annual charges, connection fees,
assessments, privilege fees, and the like, based on the benefits derived therefrom as
such Sewer Commission may deem proper, subject however, to such Bylaws as may
be adopted by vote of the town, or as may be provided for in the general laws.
Notwithstanding any law to the contrary, the Commission is authorized to impose and
collect such charges, fees, or assessments prior to connection or operation of such
system of sewers, and may enter into agreements for the payment thereof over such
time as the Sewer Commission shall determine. In fixing the charges to be imposed for
said system, the Nantucket Sewer Commission is authorized to make use of any fee,
charge, assessment or betterment provided for by the general laws and further in
addition thereto may take into consideration all costs for on going removal of infiltration
and inflow of non-wastewater into the system as part of the normal operating costs of
the system; may include in setting privilege fees, capital costs and interest charges
applicable thereto; may impose late fees for unpaid billings; may assess a capacity
utilization fee to new estates and properties added to a Sewer District authorized by this
Act from outside a designated needs area in addition to any privilege fee; may charge
betterments, special assessments, or any other charge to the estates and properties
being served by collection system improvements and extensions to pay for all costs for
sewer line extensions to serve new connections, both within the Sewer Districts
authorized by the Act, and in any areas added to such sewer district, and may impose
such charges on properties within a Sewer District authorized by the Act whether or not
such estates and properties are then connected to the sewer system.
Section 9. The Nantucket Sewer Commission may, from time to time, adopt and
prescribe rules and regulations for the means of connection of estates and buildings
with sewers and for inspection of the materials, the construction, alteration, and use of
all connections entering to such sewers, but not including the expansion of districts
except as provided in section 1 and 10, and may prescribe penalties, not exceeding
Page 4 of 4
three hundred dollars for the violation of any such rule or regulation. Such rules and
regulations shall be available for public review at the Sewer Commission’s designated
office during regular office hours. Any changes, deletions, additions or revisions to said
rules and regulations deemed necessary by the Nantucket Sewer Commission from
time to time shall take full effect after a notice of change has been published at least
once a week for two successive weeks in a newspaper of general circulation in the
Town of Nantucket, which notice shall detail where and when such revised rules and
regulations may be viewed by the general public.
Section 10. Notwithstanding any provision of law to the contrary, owners of land not
within the Sewer Districts defined and established pursuant to Section 1 of this Act
shall not be permitted to connect to the town’s sewer system except as is set forth in
this Act. The territory covered by said Sewer Districts may be amended from time to
time by the board having charge of sewers, after a public hearing conducted to consider
such amendment, upon approval of the department of environmental protection if
otherwise required by law and upon enactment by Town Meeting of a bylaw defining or
establishing a new or expanded Sewer District. In the event that the Board having
charge of sewers votes not to amend the territory of any Sewer District in accordance
with the foregoing sentence, the amendment may nevertheless be enacted in a form of
a bylaw upon a two-thirds vote of town meeting.
Any bylaw adopted pursuant to the authority granted to the Town of Nantucket by this
Act may include authorization to the Nantucket Sewer Commission without a Town
Meeting vote to add to the Sewer Districts created pursuant to this Act properties
located within “needs areas” as defined by Nantucket’s Comprehensive Wastewater
Management Plan prepared by Earth Tech dated
March 2004, approved by the Massachusetts Secretary of Environmental Affairs on May
14, 2004, with such conditions and limitations with respect to such authorization as such
bylaw may provide.
Section 11. Notwithstanding anything to the contrary contained herein, the board
having charge of the maintenance and repair of sewers may at any time permit
extensions, new connections or increases in flow to the sewer system, subject to
capacity, to serve municipal buildings or public restrooms without thereby creating any
entitlement on the part of any person to connect to such sewer system, and subject to
capacity, in order of application, may permit or if in the public interest, may require,
extensions, new connections or new flow to the sewer system within such districts.
Section 12. This Act shall take effect on the first day of July, first following passage.
Finance Committee Motion to Article 60 of 2007 ATM Warrant as
amended by Finance Committee April 4, 2007
ARTICLE 60
(Home Rule Petition: Sewer Authority)
To see if the Town will vote to request its representatives in the General
Court to introduce legislation seeking a special act so as to designate additional
authority to the Town of Nantucket and/or Board of Selectmen regarding authority
for sewer-related matters; and, to authorize the General Court with the approval
of the Board of Selectmen to make constructive changes in perfecting the
language of this proposed legislation in order to secure passage; and to take any
other action as may be relative thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Home Rule petition set forth
below be presented to the General Court, that the town's representatives in the
General Court be requested to introduce legislation set forth below, and that the
General Court be authorized, with the approval of the Nantucket Board of
Selectmen, to vary the specific text of the requested legislation within the scope
of the public policy objectives of the Home Rule Petition set forth below:
Nantucket Sewer Act
Section 1. The Town of Nantucket, acting by and through the Nantucket Sewer
Commission described in Section 3, may layout, plan, construct, maintain and
operate a system or systems of common sewers for a part or whole of its territory,
as may be from time to time defined and established by adoption by town
meeting of one or more bylaws as a designated Sewer District under the
jurisdiction and control of the Sewer Commission, with such capacity limitations,
connections, pumping stations, treatment plants and other works, as may be
allocated in such bylaw to such Sewer District as required for a system or
systems of sewerage and sewage treatment and disposal, and may construct
such sewers and related works in said Sewer Districts defined and established by
bylaw as may be necessary. No other sewers shall be constructed in any public
roads or ways of the Town which are not within the limits of such designated
Sewer Districts and which are not under the control of the Sewer Commission.
Section 2. Said town may make and maintain, within Sewer Districts defined and
established as set forth in section 1 of this Act in any way therein where common
sewers are constructed, such connecting sewers within the limits of such way as
may be necessary to connect any estate which abuts upon the way within such
District.
Section 3. Notwithstanding the provisions of Sessions Law, Chapter 169 of the
Acts of 1965 as amended by Sessions Law Chapter 359 of the Acts of 1987
entitled “An Act Authorizing the Town of Nantucket to Establish a Board of Public
Works Exercising the Powers of certain other Boards, Commissions,
Departments and Town Officers”, said town may, at any town meeting, by a two-
thirds vote, vote that the board of selectmen shall act as a Nantucket Sewer
Commission, or that there shall be a separate Nantucket Sewer Commission the
members thereof shall be appointed by the Board of Selectmen for three year
terms. The number and constitution of a separate Sewer Commission shall also
be determined by a two-thirds vote of Town Meeting. If a separate Nantucket
Sewer Commission is established by Town Meeting, any Selectman shall be
eligible to serve as a member thereof. Town Meeting shall be authorized to
change the method of establishment of the Nantucket Sewer Commission
described herein without any limitation on the number of times such Commission
may be established or re-established as the case may be, by a two-thirds vote.
Whenever the phrase “Nantucket Sewer Commissioners” occurs in the Act, such
phrase shall include within its meaning either the Board of Selectmen acting as
Nantucket Sewer Commissioners, or the separate appointed Nantucket Sewer
Commission.
Section 4. The Nantucket Sewer Commission, acting for and on behalf of said
town, shall have charge of and shall be responsible for the policies, finances, and
overall goals of the sewer system, but shall be subject to the Town Charter, S.L.
289 of the Acts of 1996 as to the administration and management of the systems
operation and maintenance, and shall be responsible for the good order of all
sewers, pipes, pumping stations, treatment and disposal works, and the like. The
operations of the Nantucket Sewer Commission shall be governed by, and any
staff or employees shall be considered part of Town Administration within the
meaning of, the Charter of the Town of Nantucket, S. L. Ch. 289 of the Acts of
1996, unless changed or modified pursuant to said Charter.
Section 5. The Board of Selectmen acting for and on behalf of said town, after
being duly authorized to do so by town meeting, may take by eminent domain
pursuant to chapter seventy-nine of the General Laws of the Commonwealth, or
otherwise may, utilizing the procedures described in the Nantucket Charter, S. L.
Ch. 289 of the Acts of 1996, acquire by purchase, or gift any lands, rights of way
easements public or private in said town necessary for accomplishing any
purpose mentioned in this Act and may construct such sewers under or over any
state road, any bridge, pier, tidelands, boulevards or other public way, or within
the location of any state land, without the necessity for any formal filings in the
registry of deeds, and may enter upon and dig up any private land or any public
land or public way, for the purpose of laying such sewers and of maintaining and
repair of the same, and may do any other thing properly or necessary for the
purposes of this Act.
Section 6. The financial operations of the sewer system shall be an Enterprise
Fund within the meaning of G. L. Ch. 44, s. 53F½, except as modified herein, and
any expenditure from such Fund shall be only upon authorization of the
Nantucket Sewer Commission. The town shall, by vote at town meeting,
determine whether it shall pay the whole or a portion of the cost of said system or
systems of sewerage and sewage disposal, and if a portion, what proportion. If
the town votes to pay less than the whole cost, in providing for the payment of the
remaining portion of the cost of said system or systems, the town, acting through
the Nantucket Sewer Commission, may avail itself of any or all of the methods
permitted by the general laws; and the provisions of said general laws relative to
the assessment, apportionment, division, reassessment, abatement and
collection of sewer assessments or the additional methods set forth in Section 8
of this Act, and as to liens therefore and to interest thereon, shall apply to
assessments made pursuant to this Act by the Nantucket Sewer Commission,
except that interest shall be at the rate as may be established by the Nantucket
Sewer Commission from time to time. At the same meeting at which town
meeting determines that any portion of the cost is to be borne by the town, it may
by vote determine by which of such methods the remaining portion of said cost
shall be provided for. The collector of taxes of said town shall certify the payment
or payments of any such assessment or apportionments thereof to the sewer
commission or to the Selectmen acting as such, who shall preserve a record
thereof.
Section 7. The revenues received by the Fund described in section 6 of this Act
from sewer assessments, fees, charges, contributions from the Town towards the
costs of such sewer system as described in section 6, and the like as receipts or
revenues, shall be applied to the payment of charges and expenses incident to
the design, construction, maintenance, and operation of said system or systems
of sewerage and sewerage disposal or to the extensions thereof, to the payment
of principal or interest upon bonds or notes issued for sewer purposes, or to the
payment or redemption of such bonds or notes.
Section 8. The Nantucket Sewer Commission may, in its discretion, prescribe for
the users of said sewer systems and disposal works such annual charges,
connection fees, assessments, privilege fees, and the like, based on the benefits
derived therefrom as such Sewer Commission may deem proper, subject
however, to such Bylaws as may be adopted by vote of the town, or as may be
provided for in the general laws. Notwithstanding any law to the contrary, the
Commission is authorized to impose and collect such charges, fees, or
assessments prior to connection or operation of such system of sewers, and may
enter into agreements for the payment thereof over such time as the Sewer
Commission shall determine. In fixing the charges to be imposed for said system,
the Nantucket Sewer Commission is authorized to make use of any fee, charge,
assessment or betterment provided for by the general laws and further in addition
thereto may take into consideration all costs for on going removal of infiltration
and inflow of non-wastewater into the system as part of the normal operating
costs of the system; may include in setting privilege fees, capital costs and
interest charges applicable thereto; may impose late fees for unpaid billings; may
assess a capacity utilization fee to new estates and properties added to a Sewer
District authorized by this Act from outside a designated needs area or existing
Sewer District, in addition to any privilege fee; may charge betterments, special
assessments, or any other charge to the estates and properties being served by
collection system improvements and extensions to pay for all costs for sewer line
extensions to serve new connections, both within the Sewer Districts authorized
by the Act, and in any areas added to such sewer district, and may impose such
charges on properties within a Sewer District authorized by the Act whether or
not such estates and properties are then connected to the sewer system.
Section 9. The Nantucket Sewer Commission may, from time to time, adopt and
prescribe rules and regulations for the means of connection of estates and
buildings with sewers and for inspection of the materials, the construction,
alteration, and use of all connections entering to such sewers, but not including
the expansion of districts except as provided in section 1 and 10, and may
prescribe penalties, not exceeding three hundred dollars for the violation of any
such rule or regulation. Such rules and regulations shall be available for public
review at the Sewer Commission’s designated office during regular office hours.
Any changes, deletions, additions or revisions to said rules and regulations
deemed necessary by the Nantucket Sewer Commission from time to time shall
take full effect after a notice of change has been published at least once a week
for two successive weeks in a newspaper of general circulation in the Town of
Nantucket, which notice shall detail where and when such revised rules and
regulations may be viewed by the general public.
Section 10. Notwithstanding any provision of law to the contrary, owners of land
not within the Sewer Districts defined and established pursuant to Section 1 of
this Act shall not be permitted to connect to the town’s sewer system except as is
set forth in this Act. The territory covered by said Sewer Districts may be
amended from time to time by the board having charge of sewers, after a public
hearing conducted to consider such amendment, upon approval of the
department of environmental protection if otherwise required by law and upon
enactment by Town Meeting of a bylaw defining or establishing a new expanded
Sewer District. In the event that the Board having charge of sewers votes not to
amend the territory of any Sewer District in accordance with the foregoing
sentence, the amendment may nevertheless be enacted in a form of a bylaw
upon a two thirds vote of town meeting.
Section 11. Notwithstanding anything to the contrary contained herein, the
board having charge of the maintenance and repair of sewers may at any time
permit extensions, new connections or increases in flow to the sewer system,
subject to capacity, to serve municipal buildings or public restrooms without
thereby creating any entitlement on the part of any person to connect to such
sewer system, and subject to capacity, in order of application, may permit or if in
the public interest, may require, extensions, new connections or new flow to the
sewer system within such districts.
Section 12. This Act shall take effect on the first day of July first following
passage.
Article 41 Article 42
Article 43
Article 26
Article 27 Article 30
Article 31
Article 32
Article 33
Article 34
Article 35
Article 36
Article 65
Article 66
Article 67
Article 68
Article 69
Article 70 Article 71
Article 72
Article 73
Article 74
Article 72
Article 73
Article 72
Article 73
Article 72
Article 73
Article 75
Article 76
Article 77
Article 78
Town of Nantucket
2007 Annual Town Meeting
Article Index
January, 2007
8
Article 64
Article 64
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Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 26
Legend
Parcel Lines
Buildings
Article 26
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 200 feet
N CAMBRIDGE ST
N CAMBRIDGE STLITTLE N E C K W YLIT T L E N E C K W Y
L IT T L E N E C K W Y
T E N N E S S E E A V
W A SH IN G T O N A V
N CAMBRIDGE STM STK
STM STOKALAHOMA AVW AS H IN G T O N A VM A D A K E T R D
K S
T
TENNESSEE AVO K A LA H O M A A V
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 27
Legend
Parcel Lines
Buildings
Article 27
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
ORLBREW
S
T
E
R
R
D
POL PIS
A
L
T MA RSH RD
SANDWICH RDCHAT
HA
M
R
D
R MONOT
MONOMOY RDSASACHUMET
LN
GOLD
STARMI
LESTONE
L
NMILESTONE RD
Article 30
From Town to Country
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 18, 2007
2007 Annual
Town Meeting
Article 30
Legend
Buildings
Parcel Lines
Article 30
Town Overlay District
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 100 feet
RACEWAY DR
HATC
H
CI
TODD
CI
BARTLETT RDW
M
I
A
C
O
M
ETT FARM
RDCLARA
DR
SMOOTH
H
U
M
M
O
C
K
S
W
Y
D
O
C
R
Y
D
E
R
D
R
GOLFVIE
W
D
R
H
E
N
D
E
R
S
O
N
S
D
R
S
W
A
Y
Z
E
S
D
RSOMERSET RDTT FARM RDOMERSET RDLETT
R
D BA FARMVIEW DRLUG - 2
LUG - 2
LUG - 2R - C 2
R - C 2
Article 32
From R-C 2 to R-10
Article 31
From R-C 2 to R-10
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 18, 2007
2007 Annual
Town Meeting
Articles 31 and 32
Legend
Zoning Boundary
Buildings
Parcel Lines
Article 31
Article 32
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 130 feet
AL
L
E
Y
V
I
E
W
D
R
MIAC
O
M
E TMIACOMET AVDALEY
C
T MO
T
O
K
O
M
I
R
D
BE
NJAM I N DRHELENS DRAPPLETON RDMIACOMET RDWAY
W
A
Y
N
O
R
Q
U
A
R
T
A
D
R
E R LN
REACHER LNR
R - 10
LUG - 2
R - 2
R - C 2
R - C 2
Article 33
From R-C 2 and LUG - 2
to R-2
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 18, 2007
2007 Annual
Town Meeting
Article 33
Legend
Zoning Boundary
Buildings
Parcel Lines
Article 33
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
R - 10
LUG - 2
R - 2
R - C 2
Article 34
From LUG - 2
to R-C 2
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 18, 2007
2007 Annual
Town Meeting
Article 34 and 35
Legend
Zoning Boundary
Buildings
Parcel Lines
Article 34
Article 35
Article 33
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
R - 10
LUG - 2
Article 35
From LUG - 2
to R-C 2
(only shaded
area affected)
MIAS PA
S
TUMIACOMET RDC
ALC
LUG - 2
LUG - 2
R - C 2
R - C 2
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 18, 2007
2007 Annual
Town Meeting
Article 36
Legend
Zoning Boundary
Buildings
Parcel Lines
Article 36
10 ft. Contour 1951
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 100 feet
Remains LUG - 2
below 10 ft.
Contour Line
R - 2
Remains R-C 2
Remains R-C 2
Remains R-C 2
10 ft. Contour line
based on information
taken from USGS
maps, 1951 edition
Area between existing
Zoning Boundary and the
1951 10 ft. contour line
changes from LUG - 2 to R-C 2
EMILY ST EMILY ST
SCONSET AV
SCONSET AVTOWADDY LNCOMEAU LNSANKATY RDSCONSET AVCOMEAU LNROSALY LNROSALY LNCLIFTON ST
NORTH SIAS RD
BAXTER RDData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 18, 2007
2007 Annual
Town Meeting
Article 41
Legend
Parcel Lines
Buildings
Article 41
Sewer District
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 50 feet
K RDOOK RHUMMOCK POND RDAUSTIN FARM DR
EW HUMMOCK CLBU
HUMMOCK POWAYWA MAMEADOW V
IEW
DRMEADO
P OAURORA WYData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 18, 2007
2007 Annual
Town Meeting
Article 42
Legend
Parcel Lines
Buildings
Article 42
Sewer District
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 100 feet
B
O
U
L
BLUEB
E
R
R
Y
L
N
SURFSIDE RDFIELD AVFOLGER AVCHER
R
Y
S
T
TRIP
P
D
R
POCHICK AV
PLUM STSHORE RDBEACS PA
S
T
U
R
E
L
N GLADLANDS AVPLOV
E
R
L
N
S SHORE RDCO
R
R
E
I
A
L
N
MEQU
S SHORE RDRAC
H
E
L
D
R
MASAQUET AV
POCHICK AV
FOLGER AVAVZAC
H
A
R
Y
W
Y EAGLES WING WYNAUSHON WYData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 18, 2007
2007 Annual
Town Meeting
Article 43
Legend
Parcel Lines
Buildings
Article 43
Sewer District
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 133 feet
SHERBURNE WYINDIAN AVSHERBURNE WYK I M B A L L A V
SHERBURNE TP
C
A
P
A
U
M
R
D
HAMBLIN RD
SHERBURNE TPN STAR LSHADY HAMBLIN RDWINDWARDLNData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 64 A
and 73 F
Legend
Parcel Lines
Buildings
Article 64 and 73
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 50 feet
S
A
L
T MARSH RD
SANDWICH RDCHAT
HA
M
R
D
MILESTONE RDMONOMOY RDO
L
D
S
O
U
T
H
R SASACHUMET
LN
RD
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 64 B
Legend
Parcel Lines
Buildings
Article 64
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 100 feet
EEL P
O
I
N
T
R
D
HUCKLEBERRY LNDIONIS BEACHALLIANCE
LNRANData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Articles 65 and 66
Legend
Parcel Lines
Buildings
Article 65 and 66
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
Hydro Features
TYPE
POND
STREAM
WETLAND
1 inch equals 75 feet
Driveway Easement
Granted by the Town
10 ft. Pedestrian
Easement Garnted
to the Town
Dionis Beach
39 Eel Point Rd.
Radio Monitor Site
43 Eel Point Rd.
Dionis Beach
Bath House
B U N KER RDMADEQUBUNKER RDData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Articles 67, 68, 69,
and 70
Legend
Parcel Lines
Buildings
Articles 67 through 70
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 150 feet
78 4
MADEQUECHAM VLY RD
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 71
Legend
Parcel Lines
Article 71
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
M A S S A C H U S E T T S A V
MASSACHUSETTS AVM A S S A C H U S E T T S A V
R H O D E I S L A N D A V
NEW JERSEY AVRHODE ISLAND
A
V
PENSYLVANIA AVAM
E
S
A
V
N E W H A M P S H I R E A V
M AIN E AVC A LIF O R N IA AVVERMONT AV
NE
W
J
E
RS
E
Y
A
VMAINE A
V
FLORIDA AV
AM
E
S
A
V
CALIF
O
R
NI
A AVALABAM A AVM A D A K E T R D
M
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Articles 72 and 73
A
Legend
Parcel Lines
Article 72 and 73
Buildings
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
60.3.1 412
60.3.1 433
60.3.1 459
60.3.1 445
60.3.1 446
60.2.4 2560.3.1 160
60.3.1 182
60.3.1 184
60.3.1 214
60.3.1 216 60.3.1 218
Portions of
60.3.1 408
(9 New Jersey Ave.)
YDAVHUMM
O
C
K
P
O
N
D
R
D
SACCACHA AV TRINITY AV
S MIACOMET AV
M
A
T
T
APOISETT AV WALL STMATTAPOISETT AV
MARION AV WESTERWYCK WYAUSTINE LOCKE WYMAR
I
O
N
A
V
CAR
O
L
I
N
E
W
Y WALL STWESTERWYCK WYCARO
L
I
N
E
W
Y
KE WYData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Articles 72 and 73
B
Legend
Article 72 and 73
Parcel Lines
Buildings
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
82 331
82 366
82 354
82 375
82 409.1
82 408.1
82 408
POCHICK AV
POCHICK AV
POCHICKI AV
PLUM STNAUSHON WYHOLLY STWOODBINE STWEWEEDER AV
WEWEEDER AV PEQUOT STSURFSIDE RDPLUM STN O B A D E ER AV
NOBADEER AV
NAUSHON WYPLUM STNONANTUM AV WOODBINE STPEQUOT STAURIGA STNONANTUM AV
R STDData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Articles 72 and 73
C
Legend
Article 72 and 73
Parcel Lines
Buildings
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
87 13
80 101.1
SKYLINE DR
SKYLINE DRWEBSTER RDMONOHANSETT RD
DData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 72 and 73
D
Legend
Article 72 and 73
Parcel Lines
Buildings
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
79 140.1
CORNWILT
S
H
I
R
E
A
V
T
O
M
N
E
V
E
R
S
R
D
WILT
S
H
I
R
E
A
V
BERLA
N
D
A
V LO
KENDRICK STGLOUCESTER STAIRFIELD STER STTH STSTMAN HOLLOW
RD
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 72 and 73
E
Legend
Article 72 and 73
Parcel Lines
Buildings
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
71.3.2 279
M A S S A C H U S E T T S A V
MASSACHUSETTS AVM A S S A C H U S E T T S A V
R H O D E I S L A N D A V
NEW JERSEY AVRHODE ISLAND
A
V
PENSYLVANIA AVAM
E
S
A
V
N E W H A M P S H I R E A V
M AIN E AVC A LIF O R N IA AVVERMONT AV
NE
W
J
E
RS
E
Y
A
VMAINE A
V
FLORIDA AV
AM
E
S
A
V
CALIF
O
R
NI
A AVALABAM A AVM A D A K E T R D
M
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 74
Legend
Parcel Lines
Article 74
Buildings
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 75 feet
Portions of
60.3.1 408
(9 New Jersey Ave.)
R
U
G
G
E
D
R
D
S
U
R
F
S
I
D
E
R
D
B
O
U
L
E
V
A
R
D
E LOVERS LNBLUEB
E
R
R
Y
L
N
SURFSIDE RDFIELD AVFOLGER AVCHER
R
Y
S
T
B
O
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L
E
V
A
R
D
E
TRIP
P
D
R LOVERS LNPOCHICK AVMIACOMET RDPOND VIEW DR
IRWEWEEDER AV PLUM STS SHORE RDWEWEEDER AV
WEWEEDER AV
WEWEEDER AV
NOBADEER AV
NOBADEER AVPLUM STNONANTUM AV LOVERS LANEIRVING STNONANTUM AV
POPLAR STSURFSIDE RDWOODBINE STAURIGA STSTATION STMWHE
R
O
W
H
E
R
O
L
N
BEACH PLUM AVS PA
S
T
U
R
E
L
N GLADLANDS AVPLOV
E
R
L
NMIACOMET RDS SHORE RDCO
R
R
E
I
A
L
N
MEQUASH AV
WH
I
T
E
S
TS SHORE RDRAC
H
E
L
D
R
OKORWA
PEQUOT STMASAQUET AV
POCHICK AV
FOLGER AVPOCHICK AV
POCHICK AV
B
O
U
L
E
V
A
R
D
EFIELD AVHOLLY STIRVING STPEQUOT STSURFSIDE RDMORGAN SQUNCATENA STCLIFFORD STHAWTHORNE STBOULEVARDEMORGAN SQNONANTUM AV
MYLESSTANDISH STNOBADEER AV
DUNHAM STMIAC
O
M
E
T
R
D
WESTERN AV STURGIS PINES LNWOODBINE STMORGAN SQCANONICUS STA D
R
ZAC
H
A
R
Y
W
Y EAGLES WING WYNAUSHON WYHILL SI
D
E AVPOLLOCK AVData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 75
Legend
Parcel Lines
Buildings
Article 75
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 283 feet
Transfer to the Land Bank
EBLUEB
E
R
R
Y
L
N
SURFSIDE RDFIELD AVFOLGER AVCHER
R
Y
S
T
TRIP
P
D
R
POCHICK AV
WEWEEDER AV PLUM STS SHORE RDWEWEEDER AV
NOBADEER AV
NOBADEER AVPLUM STNONANTUM AV
NONA
POPLAR STSURFSIDE RDWOODBINE STAURIGA STSTATION STREI
A
LN
MEQUASH AV
S SHORE RDRAC
H
E
L
D
R
PEQUOT STMASAQUET AV
POCHICK AV
FOLGER AVFIELD AVHOLLY STPEQUOT STSURFSIDE RDMORGAN SQUNCATENA STMORGAN SQNONANTUM AV
WESTERN AV WOODBINE STMORGAN SQCANONICUS STZAC
H
A
R
Y
W
Y EAGLESNAUSHON WYHILL SI
D
E AVPOLLOCK AVData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 76
Legend
Parcel Lines
Buildings
Article 76
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 180 feet
Transfer to the Land Bank
MAD
A
K
E
T
R
D
MADAKET RD
MADA
K
E
T
R
D
MASSASOIT BRIDGE RD
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O
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T
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S
W
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T
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B
RI
D
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R
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ORS WYCREEK
L
N
MASS
A
S
OI
T
B
RI
D
CLARK COVE RD"
"COVE RDRIDGEWAR
R
E
N
S
L
A
N
D
I
N
G
R
D
WARRENS LAN
D
I
N
G
R
DTHE FISHERS Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 77
Legend
Parcel Lines
Buildings
Article 77
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 220 feet
R
DR
WEWEEDS SHORE RDNOBADE E
NONANTU
AURIGA STSTATION STPOCHICK AV
FOLGFIELD AVMORGAN SQMORGAN SQWESTERN AVMORGAN SQCANONICUS STHILL SI
D
E AVPOLLOCK AVData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 1998 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2005.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
22 Federal Street
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
January 23, 2007
2007 Annual
Town Meeting
Article 78
Legend
Parcel Lines
Buildings
Article 78
Roads
TYPE
PAVED
UNPAVED
SAND TRACK
1 inch equals 125 feet