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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 Page 2 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 Page 3 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) Page 4 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) Page 5 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 Page 6 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 Page 7 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 Page 8 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 Page 9 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 Page 10 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. Page 11 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. Page 12 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. Page 13 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 Page 14 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 Page 15 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) Page 16 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 Page 18 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 Page 19 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 Page 23 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% Page 26 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): Page 27 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 Page 28 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 Page 29 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).” Page 30 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. Page 31 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.” Page 32 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 Page 33 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) Page 34 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 Page 35 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: Page 36 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 Page 37 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) Page 38 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: Page 39 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 Page 40 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: Page 41 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) Page 42 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: Page 43 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) Page 44 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 Page 46 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 Page 27 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. Page 28 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. Page 29 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 Page 30 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 Page 31 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 Page 32 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): Page 33 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 Page 34 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 Page 35 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 Page 36 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 Page 37 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. Page 38 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 Page 39 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. Page 56 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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 Page 57 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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. Page 58 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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, Page 59 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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 Page 60 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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 Page 61 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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. Page 62 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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 Page 63 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 Page 64 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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.” Page 65 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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 Page 66 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions 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. Page 67 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions (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. Page 68 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions (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: Page 69 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." Page 70 Town of Nantucket 2007 Annual Town Meeting Warrant with Finance Committee Motions (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 Page 71 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: Page 72 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 Page 73 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 Page 74 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 Page 75 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. Page 76 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. Page 77 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 Page 78 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, Page 79 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, Page 80 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 WALSH STWILLARD ST N B E A C H S T SYLVIA L N SWAIN ST EASTO N S T C L I F F R D C O R NIS H S T GIFFORD ST N LI BERTY STFOLGER L N N O R T H A V MACKAY W Y EASTON S T K I T E H I L L L N CLI F F R D S U N SE T HILL HARBOR VI E W W Y WYERS LN SUNSE T HI L L L N S BEACH STW CHESTER ST C H ES T E R S T SUNSE T HI L L L N N W A T E R S T G U L L IS L A N D LN W CHEST E R S T S E A S T WESCO PLCENTER STN L IBERTY ST S T E P L N S BEACH STLILY STIN ST CHURCH CTASH ST WHAL E R S L N STEAMBO A T W F ASH LN N WA TER S T BROAD S T ACADEMY LN S BEACH ST EXT A C A D E M Y L N S WATER STFEDERAL STWESTMINSTER STBROAD ST CENTE R S T G A Y S T OA K S T GROVE LN EASY STE CHE S T N U T S T SNA K E A L Q U I N C E S T CHESTNUT ST OLD NO R T H W F N LIBER T Y S T OAK S T WESTMINSTER STFEDERAL STCENTER STLILY STS T R A IG H T W FN LIBERTY STWOODBURY LNS T IL L D O C K INDIA S T HUSSEY ST INDIA ST N UN ION STNEW WHALE STSTRAIGH T W F CAMB RI D G E S T BROCKS CT I ND E PEN D E N C E L NINDIA ST MAIN ST R O S E L N SALEM S T CANDLE STWASHINGTON STUNION STT H U R S T O N S CT LIBERTY ST WALNUT LNORANGE STMAIN ST WI NTER S T G A R D N E R S C T GARDNER STLOWELL PLS T O N E A L FAIR STRAYS C T PINE ST H O W A R D S T C O FFIN STTRADERS LN MAIN ST MAIN STQUARTER MILE HILLAK E R RDHOWARD STMAIN ST M A R T IN S L N SCHOOL S T PINE STWA S H I N G T O N S T SUMME R S T CHARTE R S T BLOOM STP L U M B L N PLEASANT ST U N I O N S T VEST A L S T MILK STHILLERS L N VESTAL ST F A I R S T G O R H A M S C T HIGH S T V ESTAL S T DARLING S T NEW DOLLAR LNOR A NG E S T FAYETTE STGREEN LNS T A R B U C K C T COPPER LN TATTLE C T C O P P E R L N GREEN LNP U M P L N QUAKER RDPI N E S T M I L K S T C A S H S C T F A R M E R S T SARATOGA LN LYON S T MEADER STMILL S T MILK ST F L O R A S T FRANCIS STT W IN S T MULBE R R Y S T L Y O N S T PROSPECT STMT VERNON STUNI ON STM U L B E R R Y S T CANDLE HOUS E L N OR A NG E S T LYON S T WASHI NGTON STJE F F E R S O N L N MON O M OY R D NEW MILL STW E Y M O U T H S T MILL STP I N E S T ANGOLA ST EAGLE L N JEFFE R S O N L N E D O V E R S T SILVER S T MT VERNON SSA L T M A R S H W Y SALT M A R S H W Y PL EASANT STN MILL STY O R K S T P R OJOY STMILL STCHIC EW MILL STSMILL STER S TN. CENTER STHARBOR V IEW WAY LUCRE TI A M O T T L N J U D IT H C H A S E L N C O M M E R C IA L S T COMME R C I A L W F 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 U 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 ""P R O P R I E T O R S W Y PROPRIE T OMASS ASOIT B RI D G E R D 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