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Home My WebLink About04072008 Town Meeting Agenda 2008 ANNUAL TOWN MEETING The following is a summary of the articles called, and the vote taken by the 2008 Annual Town Meeting held at the Nantucket High School, Mary P. Walker Auditorium, 10 Surfside Road, on April 7, 2008. Monday, April 7 – Meeting called to order at 7:03 PM. There were 601 voters present. / At 10:56 PM, Unanimous Vote to recess until Tuesday, April 8, 7 PM. Tuesday, April 8 – Meeting called to order at 7:16 PM. There were 358 voters present. / 2008 Annual Town Meeting was dissolved by Board of Selectman Chair Whiting R. Willauer at 11:36 PM. All Uncalled Articles: It was moved that the following articles be voted as recommended and/or amended by the Finance Committee or as recommended and/or amended by the Planning Board, as printed in the Finance Committee Report, with technical amendments brought forward during the course of the meeting: 1, 2, 3, 4, 5, 6, 7, 8, 8A, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 28, 29, 32, 33, 34, 36, 37, 38, 39, 41, 43, 45, 46, 47, 48, 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 65, 66, 67, 68, 69, 72, 74, 76, 77, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 99, 100, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, and 126 ______________________________________________________________ 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) Not 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 2008 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 7: Personnel Compensation Plans for FY 2009 (Not Called) Adopted by Unanimous Voice Vote Article 8: Appropriation: FY 2009 Operating Budget (Not Called) Adopted by Unanimous Voice Vote Article 8A: Appropriation: Other Post Employment Benefits (Not Called) Not Adopted by Unanimous Voice Vote Article 9: Appropriation: Health and Human Services (Not Called) Adopted by Unanimous Voice Vote Article 10: Appropriation: General Fund Capital Expenditures (Not Called) Adopted by Unanimous Voice Vote Article 11: Appropriation: Public Safety Facility (Called) Adopted by Declared 2/3 Majority Voice Vote Article 12: Appropriation: Enterprise Funds Operation (Not Called) Adopted by Unanimous Voice Vote Article 13: Appropriation: Enterprise Funds Capital Expenditures (Not Called) Adopted by Unanimous Voice Vote. Article 14: Enterprise Funds: Fiscal Year 2008 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 15: Appropriation: County Assessment (Not Called) Adopted by Unanimous Voice Vote Article 16: Appropriation: Finalizing Fiscal Year 2009 County Budget (Not Called) Not Adopted by Unanimous Voice Vote Article 17: Rescind Unused Borrowing Authority (Not Called) Not Adopted by Unanimous Voice Vote Article 18: Appropriation: Ferry Embarkation Fee (Not Called) Not Adopted by Unanimous Voice Vote Article 19: Appropriation: Collective Bargaining Agreement/Our Island Home (Not Called) Adopted by Unanimous Voice Vote Article 20: Appropriation: Collective Bargaining Agreement/Airport Union (Called) Adopted by Handcount Vote: YES – 308, NO - 185 Article 21: Appropriation: Collective Bargaining Agreement/Public Works Union (Not Called) Adopted by Unanimous Voice Vote Article 22: Appropriation: Collective Bargaining Agreement/Laborer’s Union (Not Called) Not Adopted by Unanimous Voice Vote Article 23: Appropriation: Collective Bargaining Agreement/Police Union (Not Called) Not Adopted by Unanimous Voice Vote Article 24: Appropriation: Collective Bargaining Agreement/Deputy Chief Union (Not Called) Not Adopted by Unanimous Voice Vote Article 25: Appropriation: Collective Bargaining Agreement/Fire Union (Not Called) Not Adopted by Unanimous Voice Vote Article 26: Appropriation: Community Preservation Committee/Beaugrand (Called) Adopted by Unanimous Voice Vote Article 27: Appropriation: Sports Complex/Theroux (Called) Adopted by Declared 2/3 Majority Voice Vote Article 28: Zoning Bylaw Amendment: Commercial Uses (Not Called) Adopted by Unanimous Voice Vote Article 29: Zoning Bylaw Amendment: Intensity Regulations Reorg and New Districts (Not Called) Adopted by Unanimous Voice Vote Article 30: Zoning Map Change: Commercial Industrial (Called) Adopted by Declared 2/3 Majority Voice Vote Article 31: Zoning Map Change: Technical Correction - Airport (Called) Not Adopted by Unanimous Voice Vote. Article 32: Zoning Map Change: Hatch Circle and Raceway Drive (Not Called) Adopted by Unanimous Voice Vote Article 33: Zoning Map Change: Raceway Drive (Not Called) Adopted by Unanimous Voice Vote Article 34: Zoning Map Change: Clara Drive (Not Called) Adopted by Unanimous Voice Vote. Article 35: Zoning Map Change: Somerset Road (Called) Adopted by Handcount Vote: YES – 172; NO – 58 (2/3 = 153) Article 36: Zoning Map Change: Madaket Area Open Space (Not Called) Adopted by Unanimous Voice Vote. Article 37: Zoning Map Change: Mid-Island Green Belt (Not Called) Adopted by Unanimous Voice Vote Article 38: Zoning Map Change: Weweeder Pond Open Space (Not Called) Adopted by Unanimous Voice Vote Article 39: Zoning Map Change: Southwestern Town/Country Border - Miacomet (Not Called) Adopted by Unanimous Voice Vote. Article 40: Zoning Map Change: Surfside Road and Vesper Lane (Called) Adopted by Declared 2/3 Majority Voice Vote. Article 41: Zoning Map Change: Surfside Road & Miacomet Road (Called, Call Withdrawn) Not Adopted as Amended Planning Board by Unanimous Voice Vote Article 42: Zoning Map Change: Raceway Drive & Clara Drive (Called) Not Adopted by Majority Voice Vote Article 43: Zoning Map Change: Clara Drive & Todd Circle (Not Called) Adopted by Unanimous Voice Vote Article 44: Zoning Map Change: LUG 2 to CTEC – 67 & 69 Surfside Road (Called) Adopted as amended by Collier by Handcount Vote: YES – 230; NO – 59 2/3 = 191 Article 45: Zoning Map Change: Miller Lane (Not Called) Not Adopted by Unanimous Voice Vote Article 46: Zoning Map Change: Rezoning – Kelley Road (Not Called) Adopted by Unanimous Voice Vote Article 47: Zoning Map Change: Kelley Road/Myers (Called, Call Withdrawn) Not Adopted by Unanimous Voice Vote Article 48: Zoning Bylaw Amendment: Multi-Family Overlay District (Not Called) Adopted by Unanimous Voice Vote Article 49: Zoning Bylaw Amendment: Establishment of Harbor Overlay {HOD} Zoning District (Called) Adopted by Declared 2/3 Majority Voice Vote Article 50: Zoning Map Change: Harbor Overlay District – Vicinity of Nantucket Harbor (Called) Adopted as Amended by Cohen by Declared 2/3 Majority Voice Vote Article 51: Zoning Map Change: Harbor Overlay District – Vicinity of Madaket Harbor (Called) Adopted by Declared 2/3 Majority Voice Vote Article 52 Zoning Bylaw Amendment: Island Perimeter Restrictions (Called) Adopted by Unanimous Voice Vote Article 53 Zoning Bylaw Amendment: Island Perimeter Restrictions/ Asadoorian (Called) Not Adopted by Unanimous Voice Vote Article 54: Zoning Bylaw Amendment: Disaster Rebuild (Not Called) Adopted by Unanimous Voice Vote Article 55: Zoning Bylaw Amendment: Dormitory Housing Overlay District (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 56: Alteration of Neighborhood Employee Housing Overlay District Map (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 57: Zoning Bylaw Amendment: Definition Change for Affordable Housing (Not Called) Adopted by Unanimous Voice Vote Article 58: Zoning Bylaw Amendment: Major Residential Development Special Permit (Not Called) Adopted by Unanimous Voice Vote Article 59: Zoning Bylaw Amendment: Major Residential Development Special Permit (Not Called) Adopted by Majority Voice Vote Article 60: Zoning Bylaw Amendment: Mixed Income Residential Development {MIRD} Special Permit (Not Called) Not Adopted by Unanimous Voice Vote Article 61: Zoning Bylaw Amendment: Open Air Markets/Coffin (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 62: Zoning Bylaw Amendment: Definition of Transfer Station (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 63: Zoning Bylaw Amendment: Definition of Structure (Not Called) Adopted by Unanimous Voice Vote Article 64: Zoning Bylaw Amendment: RCDT (Called) Adopted by Declared 2/3 Majority Voice Vote Article 65: Zoning Bylaw Amendment: Wind Energy Conversion Systems [WECS] Technical Correction (Not Called) Adopted by Unanimous Voice Vote Article 66: Bylaw Amendment: Peddlers, Solicitors, and Transient Vendors (Not Called) Adopted by Unanimous Voice Vote Article 67: Bylaw Amendment: Management of Coastal Properties Owned by the Town of Nantucket/Stover (Not Called) Adopted by Unanimous Voice Vote Article 68: Charter Amendment: Management of Coastal Properties Owned by the Town of Nantucket/Stover (Not Called) Not Adopted by Unanimous Voice Vote Article 69: Bylaw Amendment: Animals/ West (Not Called) Not Adopted by Unanimous Voice Vote Article 70: Bylaw Amendment: Signs, Satellite Dishes, Rooflines/Benz (Called) Adopted as amended by Roggeveen by Majority Voice Vote Article 71: Bylaw Amendment: Parking/Lydon (Called) Defeated by Unanimous Voice Vote Article 72: Bylaw Amendment: Streets and Sidewalks/Sanders (Not Called) Not Adopted by Unanimous Voice Vote Article 73: Bylaw Amendment: Street Numbers, Regulating/Spriggs (Called) Adopted by Majority Voice Vote Article 74: Bylaw Amendment: Motorized Passenger Devices/Peroni (Not Called) Not Adopted by Unanimous Voice Vote. Article 75: Bylaw Amendment: Wharves and Waterways (Called) Adopted by Majority Voice Vote Article 76: Bylaw Amendment: Board of Sewer Commissioners/McGowan (Called, Call Withdrawn) Not Adopted by Unanimous Voice Vote Article 77: Bylaw Amendment: Board of Sewer Commissioners/Nicholson (Not Called) Not Adopted by Unanimous Voice Vote Article 78: Bylaw Amendment: Board of Sewer Commissioners/Capozza (Called) Not Adopted by Majority Voice Vote Article 79: Bylaw Amendment: Board of Sewer Commissioners/Glidden (Not Called) Adopted by Unanimous Voice Vote Article 80: Charter Amendment: Town Administration/Barnes (Called, Call Withdrawn) Not Adopted by Unanimous Voice Vote Article 81: Home Rule Petition: Other Post-Employment Benefits (Not Called) Not Adopted by Unanimous Voice Vote Article 82: Home Rule Petition: Community Housing Bank (Not Called) Adopted by Unanimous Voice Vote Article 83: Home Rule Petition: Sewer Act (Not Called) Adopted by Unanimous Voice Vote Article 84: Home Rule Petition: 1975 Roads (Not Called) Adopted by Unanimous Voice Vote Article 85: Home Rule Petition: County Real Estate Conveyance (Not Called) Adopted by Unanimous Voice Vote Article 86: Home Rule Petition: Nantucket Islands Land Bank (Not Called) Adopted by Unanimous Voice Vote Article 87: Home Rule Petition: 7 Miacomet Road (Not Called) Adopted by Unanimous Voice Vote Article 88: Acceptance of MGL/Military Pay (Not Called) Adopted by Unanimous Voice Vote Article 89: Acceptance of MGL/Meeting Attendance (Not Called) Adopted by Unanimous Voice Vote Article 90: Acceptance of MGL: Chapter 43D/Downtown (Not Called) Adopted by Unanimous Voice Vote Article 91: Acceptance of MGL: Chapter 43D/2 Fairgrounds Road (Not Called) Adopted by Unanimous Voice Vote Article 92: Acceptance of MGL: Chapter 43D/Bunker Road Area (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 93: Pier Slips Residency Requirement/Balling (Not Called) Not Adopted by Unanimous Voice Vote Article 94: Cobblestone Requirement/Stover (Not Called) Not Adopted by Unanimous Voice Vote Article 95: Renewable Energy/Timmermann (Called) Not Adopted by Majority Voice Vote Article 96: Nantucket Historical Commission Registration/Timmermann (Called) Not Adopted by Majority Voice Vote Article 97: Separate Board of Health/Barnes (Called) Not Adopted by Majority Voice Vote Article 98: Planning Board Terms/Barnes (Called) Not Adopted by Handcount Vote YES – 87, NO - 94 Article 99: Agricultural Commission/Coffin (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 100: Cemetery Naming/Clarkson (Not Called) Not Adopted by Unanimous Voice Vote Article 101: Solar Energy/Alence (Called) Not Adopted by Handcount Vote: YES – 77; NO - 92 Article 102: VFW Lease Extension/Anderson (Not Called) Adopted by Unanimous Voice Vote Article 103: Conservation Restriction/VFW (Not Called) Adopted by Unanimous Voice Vote Article 104: 58A Orange Street Lease Authorization (Not Called) Adopted by Unanimous Voice Vote Article 105: Real Estate Acquisition: Miller Lane (Not Called) Adopted by Unanimous Voice Vote Article 106: Real Estate Conveyance: Miller Lane (Not Called) Not Adopted by Unanimous Voice Vote Article 107: Real Estate Acquisition: Surfside [Woodbine Street, etc.] (Not Called) Adopted by Unanimous Voice Vote Article 108: Real Estate Conveyance: Surfside [Woodbine Street, etc.] (Not Called) Adopted by Unanimous Voice Vote Article 109: Real Estate Acquisition: Surfside (Not Called) Adopted by Unanimous Voice Vote Article 110: Real Estate Conveyance: Surfside (Not Called) Adopted by Unanimous Voice Vote Article 111: Real Estate Acquisition: Surfside Parking Lot (Not Called) Adopted by Unanimous Voice Vote Article 112: Real Estate Acquisition: Old South Road Sewer Easements (Not Called) Adopted by Unanimous Voice Vote Article 113: Real Estate Disposition: 7 Miacomet Road (Not Called) Adopted by Unanimous Voice Vote Article 114: Real Estate Acquisition: Madaket Parcels (Not Called) Adopted by Unanimous Voice Vote Article 115: Real Estate Conveyance: Madaket Parcels (Not Called) Adopted by Unanimous Voice Vote Article 116: Real Estate Conveyance: Madaket Parcels (Not Called) Adopted by Unanimous Voice Vote Article 117: Real Estate Acquisition: Dionis (Not Called) Adopted by Unanimous Voice Vote Article 118: Real Estate Conveyance: Dionis (Not Called) Adopted by Unanimous Voice Vote Article 119: Real Estate Acquisition: Hummock Pond (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 120: Real Estate Conveyance: Hummock Pond (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 121: Real Estate Conveyance: Fair Street (Not Called) Adopted by Unanimous Voice Vote Article 122: Real Estate Conveyance: South Pasture (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 123: Real Estate Acquisition: 80 Miacomet Ave. (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 124: Real Estate Conveyance: 80 Miacomet Ave. (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 125: Appropriation: Stabilization Fund (Not Called) Adopted by Unanimous Voice Vote Article 126: Appropriation: Free Cash (Not Called) Not Adopted by Unanimous Voice Vote All Uncalled Articles: It was moved that the following articles be voted as recommended and/or amended by the Finance Committee or as recommended and/or amended by the Planning Board, as printed in the Finance Committee Report, with technical amendments brought forward during the course of the meeting: 1, 2, 3, 4, 5, 6, 7, 8, 8A, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 28, 29, 32, 33, 34, 36, 37, 38, 39, 41, 43, 45, 46, 47, 48, 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 65, 66, 67, 68, 69, 72, 74, 76, 77, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 99, 100, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, and 126 2008 Annual Town Meeting was dissolved at 11:36 PM, on April 8, 2008. Leedara Zola was the winner of the Glamorous Door Prize. Time Keeper Extraordinaire Madeline Malenfant was awarded a certificate for a chocolate cake, and an MP4 player. COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET WARRANT FOR 2008 ANNUAL TOWN MEETING AND ELECTION Town of Nantucket 16 Broad Street Nantucket, MA 02554 508-228-7255 www.nantucket-ma.gov Page 1 2008 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 FIFTEENTH DAY OF APRIL, 2008 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 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 Historic District Commission Associate............ One for a term of two years School Committee ...........................................Two for terms of three years Nantucket Housing Authority............................ One for a term of five years Nantucket Islands Land Bank Commission...... One for a term of five years 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..................Two for terms of three years Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority Port Council.... One for a term of two years And, to cast their votes on the following ballot questions: 1. Shall the Town of Nantucket approve an amendment to the Town Charter, proposed by the vote pursuant to Article 44 of the 2007 Annual Town Meeting, which proposed amendment is as follows (actual proposed Charter language in italics): the words “Town Administrator” are to be deleted wherever such words appear in the Charter to be replaced with the words “Town Manager”; and, the words “Assistant Town Administrator” are to be deleted wherever such words appear in the Charter to be replaced with the words “Assistant Town Manager”; and, the words “Acting Town Administrator” are to be deleted wherever such words appear in the Charter to be replaced with the words “Acting Town Manager”? _____YES _____NO 2. Shall the Town of Nantucket approve an amendment to the Town Charter, proposed by the vote pursuant to Article 50 of the 2007 Annual Town Meeting, which proposed amendment is as follows (actual proposed Charter language in italics): Page 2 2008 Annual Town Meeting and Election Warrant Sub-paragraph (c) of Section 3.5 "Further Powers of the Selectmen" is to be deleted, and in its place the following 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 Committee and one member of the Board of Selectmen appointed by the Board of Selectmen.” _____YES _____NO 3. Shall the Town of Nantucket approve an amendment to the Town Charter, proposed by vote pursuant to Article 51 of the 2007 Annual Town Meeting, which proposed amendment is as follows (actual proposed Charter language deletion in italics): The words set forth below are to be deleted from the second paragraph under Charter “Section 3.4 – Selectmen Powers as to Appointments, (3)”? “Our Island Home Board of Directors, Personnel Board (4 of 5 members),” _____YES _____NO 4. Non-Binding Public Opinion Advisory Question Pursuant to M.G.L. chapter 53, section 18A: Shall the Town of Nantucket implement policies that encourage and enable the use and adoption of “alternative” or “renewable” energy systems by its citizens, property holders, businesses, government agencies and non-profit organizations and the like. These alternative energy solutions include, but are not limited to solar PV (photovoltaic/electricity), solar thermal (hot water/heat), geothermal, wind energy conversion systems (WECS), and tidal generators (generically known as in-stream energy conversion devices)? _____YES _____NO 5. Non-Binding Public Opinion Advisory Question Pursuant to M.G.L. chapter 53, section 18A: Shall the Town of Nantucket allow the Siasconset Beach Preservation Fund to construct upon, and nourish, the Town-owned coastal beach/es on the East side of the Island? _____YES _____NO Page 3 2008 Annual Town Meeting and Election Warrant 6. Non-Binding Public Opinion Advisory Question Pursuant to M.G.L. chapter 53, section 18A: Shall the Town of Nantucket build, or allow to be built, a multi-level parking garage for public use in downtown Nantucket? _____YES _____NO ********************************************************************* 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 7, 2008 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 2007 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 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 previously appropriated pursuant to Articles voted in prior years. (Board of Selectmen) Page 4 2008 Annual Town Meeting and Election Warrant 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 2009. (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 2009 tax levy. (Board of Selectmen) ARTICLE 6 (Fiscal Year 2008 Budget Transfers) To see what sums the Town will vote to transfer into various line items of the fiscal year 2008 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 2009) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2009: 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 Page 5 2008 Annual Town Meeting and Election Warrant 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, 2008- April 14, 2009) Compensation Second Third Fourth Level Start Season Season Season A-Hourly* $13.00 $14.00 $15.00 $16.00 B-Hourly* $13.50 $14.50 $15.50 $16.50 C-Hourly* $14.50 $15.50 $16.50 $17.50 D-Hourly* $15.00 $16.00 $17.00 $18.00 E-Hourly* $17.00 $17.50 $18.00 $19.00 *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. Page 6 2008 Annual Town Meeting and Election Warrant Schedule D -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $84,351 *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 2009 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 2009. (Board of Selectmen) ARTICLE 8A (Appropriation: Other Post Employment Benefits) 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 funding current and future other post-employment benefits costs payable by the town; and, to take any other action as may be related thereto. (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 2009, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) Page 7 2008 Annual Town Meeting and Election Warrant 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 2009 for the offices, departments, boards and commissions of the Town of Nantucket. (Board of Selectmen) ARTICLE 11 (Appropriation: Public Safety Facility) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, to be spent by the Town Administrator with the approval of the Board of Selectmen, for professional services for design, permitting, architecture, construction supervision and other related professional services, and for the construction, installation and equipping of a public safety facility at 2 Fairgrounds Road; and, to take any other action as may be related thereto. (Board of Selectmen) ARTICLE 12 (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 2009: 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 13 (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 2009 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) Page 8 2008 Annual Town Meeting and Election Warrant ARTICLE 14 (Enterprise Funds: Fiscal Year 2008 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2008 Enterprise Fund operating budgets from other line items of said budgets and/or from Enterprise Surplus Reserve Funds. (Board of Selectmen) ARTICLE 15 (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 2009, 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); and, to take any other action as may be related thereto. (Board of Selectmen/County Commissioners) ARTICLE 16 (Appropriation: Finalizing Fiscal Year 2009 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 2009 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) ARTICLE 17 (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) Page 9 2008 Annual Town Meeting and Election Warrant ARTICLE 18 (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 19 (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 20 (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 compensation plan accordingly to reflect such contract, or take any other action in relation thereto. (Board of Selectmen) Page 10 2008 Annual Town Meeting and Election Warrant ARTICLE 21 (Appropriation: Collective Bargaining Agreement/Public Works) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Department of Public Works union employees (represented by the American Federation of State, County and Municipal Employees, Council 93, AFL-CIO, Local 2346) 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 22 (Appropriation: Collective Bargaining Agreement/ Laborer’s Union) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Laborer’s union employees (represented by the Massachusetts Laborers’ District Council of the Laborers’ International Union of North America, AFL-CIO) 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 23 (Appropriation: Collective Bargaining Agreement/Police) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Police Department union employees (represented by the Massachusetts Coalition of Police, Nantucket Local Union 330, IUPA, AFL-CIO) 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 24 (Appropriation: Collective Bargaining Agreement/Deputy Police Chief) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by Page 11 2008 Annual Town Meeting and Election Warrant the Board of Selectmen) and the Deputy Police Chief (represented by Massachusetts Laborer’s District Council, Nantucket Public Employees’ Local Union Unit 1249) 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 25 (Appropriation: Collective Bargaining Agreement/Fire) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department union employees (represented by the Nantucket Professional Firefighters Local 2509) 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 26 (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 2009 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Historic Preservation Maria Mitchell House Preservation of Historic components $21,775 Nantucket Town Clerk Cemetery Restoration Phase 2 $123,000 South Church Preservation Fund Restoration and mitigation of water damage $250,000 Sconset Trust Preservation of Sankaty Head Lighthouse $250,000 First Congregational Church Restoration and repair of interior of church $200,000 Page 12 2008 Annual Town Meeting and Election Warrant Subtotal $844,775 Community Housing Nantucket Human Service Center Creation of units of community housing $300,000 Interfaith Council Housing and Rental Assistance Program $55,000 Nantucket Housing Authority To develop RFP for 50 housing units $10,000 Nantucket Planning & Economic Development Commission Funding for Housing Planner/Specialist $83,578 Nantucket Housing Office 2 Clarendon Street secondary dwelling $245,000 Nantucket Housing Office 3 Norquarta Drive secondary dwelling $235,000 Nantucket Housing Office Nantucket Housing Office-Year Seven $104,000 Nantucket Housing Office Housing Resource Center & 2 affordable units $350,000 Habitat for Humanity Nantucket, Inc. Habitat for Humanity house $100,000 Subtotal $1,482,578 Open Space Conservation/Recreation Nantucket Park and Recreation Commission Youth fields, West $500,000 Nantucket Conservation Foundation University of Massachusetts Field Station purchase $250,000 Open Space Reserves Reserve for future years $75,000 Subtotal $825,000 Administrative Community Preservation Committee Administrative and operating expenses $93,211 Subtotal $93,211 Page 13 2008 Annual Town Meeting and Election Warrant TOTAL $3,245,564 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY2009 Community Preservation Surcharge $1,633,000 From State matching funds for FY2008, to be received in 2009 $1,254,000 From undesignated reserve balance fund $358,564 Total Revenues $3,245,564 For Fiscal Year 2009 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 on the recording of appropriate historic preservation restrictions for historic resources; open space restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Kenneth Beaugrand, et al) ARTICLE 27 (Appropriation: Construction of Sports Complex) To see if the town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, including a borrowing contingent upon passage by ballot of a debt exclusion override referendum, Three Million Six Hundred Thousand Dollars ($3,600,000), for use by the Park and Recreation Commission, with the approval of the Board of Selectman, for the purposes of constructing a 15 acre sports complex on Land Bank property, 81 Milestone Road (Map 61 Parcel 1). (Stephen Theroux, et al) Administrative Note: This article references Map 61 and was intended to reference Map 69 Page 14 2008 Annual Town Meeting and Election Warrant ARTICLE 28 (Zoning Bylaw Amendment: Commercial Uses) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: 1. To delete section 9 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. Permitted uses: (1) Retail sales, including on-premises light manufacturing or fabrication clearly ancillary to the retail sales; except for formula business within the FBED. [Amended 4-4-2006 ATM by Art. 42, AG approval 10-26- 2006] (2) Offices, both public and private, including banking, brokers and other financial services. (3) Transient residential facilities, except that transient residential facilities shall only be permitted in the RC District and not RC-2. (4) Restaurants, except for formula business within the FBED. [Amended 4-4-2006 by Art. 42, AG approval 10-26-2006] (5) Personal services. (6) Theaters, auditoriums and other places of public assembly. (7) Parking at grade in parking areas or in parking garages. (8) Parks and playgrounds. (9) Production, processing, building, cleaning, fueling, testing, repair, storage and servicing of boats. (10) Maritime service stations for the retail sale of fuel, lubricants and accessories, and minor services incidental thereto. (11) Yachting and sailing clubs, marinas and other maritime-related recreational facilities. (12) In the RCDT District only, up to four residential apartments containing a maximum of two bedrooms per apartment located on the second or third floor based upon the following density calculation: Type of Apartment Density Calculation Apartments subject to Nantucket Housing Needs Covenant One per 1,250 square feet of land of the subject lot. A maximum of four NHNC apartments are allowed on any lot. An apartment not subject to a Nantucket Housing Needs Covenant One per 2,500 square feet of land of the subject lot. A maximum of two apartments are allowed on any lot. (a) Such apartment, if built, shall be the only dwelling unit(s) on the lot. (b) Density calculations shall be cumulative so that a 2,500 square foot area lot would allow up to two NHNC units or one non-NHNC unit. A 3,750 square foot area lot would allow one NHNC apartments and one non-NHCN apartment. A 5,000 square foot area lot would allow four NHNC or two non- NHCN apartments or a combination thereof. B. Exceptions. The Board of Appeals may grant a special permit to allow the following uses: (1) Taverns and bars (which may also be permitted as accessory to a conforming restaurant use). Page 15 2008 Annual Town Meeting and Election Warrant (2) The following commercial or municipal uses, provided that the Board of Appeals shall specifically find, in addition to the other requirements of this chapter as to the granting of a special permit, that the use will not inherently be in violation of § 139-7E(4): (a) Light manufacturing. (b) Storage and warehousing, including properly screened open storage of goods and materials. (c) Fabrication and assembly of component parts for off-site construction or use. (d) Petrochemical storage and transfer facilities in properly constructed packaging containers. (e) Public utility production and distribution facilities. (f) Printing and publishing. (g) Garages for storage, repair, washing, painting or other servicing of motor vehicles. (h) Public transportation facilities. (i) Food processing, manufacturing and packaging. (j) Maritime research facilities. (k) Asphalt manufacturing facilities. (l) Rental or sale of bicycles, motorcycles, motor scooters, mopeds, automobiles, trucks and other such motorized land transports or means of conveyance. (m) Taxi business in which more than three licensed vehicles are used. (n) Licensed junkyards. (o) Take-out food establishment (which also may be allowed under § 139-15 as accessory to a permitted food establishment use). (p) Laundering and "dry" or other chemical-type cleaning services, both public and non-public (but not including private on-site residential allowed as accessory uses). (q) A trailer or building-like container as a principal or accessory building or structure for storage required by the Nantucket Fire Department of equipment and/or chemicals. (r) Adult uses in the RC-2 District only, subject to conditions set forth in § 139-23. 2. To delete section 10 in its entirety 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): (See also §§ 139-7 and 139-8.) A. Permitted uses: (1) Rooming, lodging and guest houses. (2) Nonprofit clubs. (3) Recreational facilities. B. Exceptions. The Board of Appeals may grant a special permit to allow the following uses: (1) Nonprofit cultural and artistic facilities. (2) Retail sales and personal services, except for formula business within the FBED. [Amended 4-4-2006 ATM by Art. 42, AG approval 10-26-2006] (3) Business, professional, financial and public offices. (4) Restaurants, hotels, motels and inns, except for formula business within the FBED. [Amended 4-4-2006 ATM by Art. 42, AG approval 10-26-2006] (5) Marinas and other maritime-related recreation and commercial facilities, including maritime service stations for the retail sale of fuel, lubricants and accessories, and minor services incidental thereto. Page 16 2008 Annual Town Meeting and Election Warrant C. Elder housing facilities. The Planning Board may grant a special permit for an elder housing facility, subject to its making the finding set forth in Subsection C(1) below, and subject to the following provisions: [Added 4-15- 2003 ATM by Art. 35, AG approval 8-27-2003] (1) The grant of a special permit for an elder housing facility hereunder shall be based upon a finding by the Planning Board that the proposed use, as conditioned by the decision granting the special permit, will be of benefit to the Town and its residents, and will not be substantially more detrimental to the neighborhood than existing uses upon the property where the facility is proposed, or other uses which are permitted thereon as a matter of right. (2) The Planning Board may impose such conditions as it deems appropriate upon the granting of a special permit hereunder. (3) The off-street parking requirements under § 139-18 shall not be applicable to an elder housing facility hereunder. The Planning Board shall, as a part of the decision granting a special permit, establish the number of parking spaces required for a facility approved hereunder. One off-street loading space under § 139-20 shall be provided in each facility permitted hereunder. (4) An elder housing facility permitted hereunder shall be subject to major site plan review under § 139-23. (5) An elder housing facility may consist of multiple apartments in one or more buildings and separate cottages. The total number of units used in the elder housing facility shall not exceed one for each 2,500 square feet of lot area in the tract of land upon which the facility is situated. (6) Included in the total number of dwelling units in the elder housing facility, there may be constructed upon the tract of land upon which the facility is situated employee housing for staff employed by the elder housing facility, containing no more than three dwelling units. (7) All residents of the elder housing facility shall be either 62 years of age or older or shall be the spouse or physically or mentally disabled immediate family member of a resident who is 62 years of age or older. (8) In determining whether a proposed elder housing facility will be of benefit to the Town and its residents, the Planning Board shall consider the provision of affordable housing units for some residents of the facility as being of such benefit. (9) An elder housing facility permitted hereunder shall be exempt from the phased development provisions of § 139-24. 3. To insert in section 9 the following use table: Commercial Uses By Zoning District Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Retail Sales Y Y Y A A Y Y Y Restaurants Small (up to 70 seats) Y Y SP N N Y Y SP Large (70 to 200 seats) SP SP N N N Y Y SP Take-Out Food Establishment Y Y SP/A N N SP SP N Tavern/Bar Y Y SP N N SP SP N Formula Businesses Retail N Y Y N N Y/N in FBED Y SP/N in FBED Restaurant Small (up to 70 seats) N SP SP N N Y/N in FBED SP SP/N in FBED Large (70 to 200 seats) N SP N N N Y/N in FBED SP SP/N in FBED Page 17 2008 Annual Town Meeting and Election Warrant Commercial Uses By Zoning District Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Take-Out Food Establishment N SP SP N N Y/N in FBED SP N Tavern/Bar N SP SP N N Y/N in FBED SP N Theatres, Auditoriums, or Other Places of Public Assembly Y SP SP N N Y Y N Offices Y Y Y A A Y Y SP Personal Services Y Y Y A N Y Y SP Laundromat or Dry-cleaning Establishment SP SP SP SP N SP SP N Bank Y Y Y N N Y Y SP Art Gallery Y Y Y N N SP SP SP Transient Residential Facilities Hotel or Inn SP SP N N N Y N SP Motel N N Y N N Y N SP Rooming, Lodging, or Guest House Y Y Y N N Y N Y Time-Sharing/Interval Dwelling Unit(s) Y Y Y N N Y N Y Elder Housing Facilities N Y SP N N N N SP Light Manufacturing N N A SP/A Y SP SP N Food Processing N N SP SP Y SP SP N Interior or Exterior Storage or Warehousing N N A SP/A Y SP SP N Asphalt/Batching Plant N N N N Y SP SP N Licensed Junkyards N N N N SP SP SP N Transfer Station N N N N SP N N N Petroleum Product Storage or Distribution Facility (i.e Tank Farm) N N N N Y SP SP N Utility Production/ Distribution SP SP SP SP Y SP SP N Print Shop Y Y Y Y N SP SP N Motor Vehicle Sales N SP SP N SP SP SP N Motor Vehicle Rental Y N SP N N SP SP N Motor Vehicle Repair or Painting N SP SP SP Y SP SP N Motor Vehicle Parking Lots or Structures Y Y Y SP N Y Y N Car Wash N SP N N SP SP SP N Page 18 2008 Annual Town Meeting and Election Warrant Commercial Uses By Zoning District Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Taxi Cab Business N Y Y Y N SP SP N Bicycle Rental or Sale N N N SP N SP SP N Boat Related Storage N N SP Y Y Y Y N Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Maritime Service Station Y Y Y Y Y Y Y SP Yacht/Sailing Clubs and Marinas Y N N N N Y Y SP Adult Uses N N N N SP N SP N Arcade N SP/A SP/A N N A A A Automated Teller Machine Y/A Y/A Y/A N N Y Y SP Bakery Y Y Y Y N SP/A SP/A A Catering N Y Y Y N SP/A SP/A A Club Y Y Y N N Y Y Y Contractor Shop N N SP Y Y SP SP N Convenience Store Y Y Y N N Y Y SP Crematorium N N N N Y A A A Drive-Through Take-Out Food N N SP N N SP SP N Funeral Home Y Y Y N N Y Y A Health Spa Y Y Y N N Y Y Y Landscape Contractor N N SP Y Y SP SP N Alcohol Sales Y Y SP/A N N Y Y SP Medical Clinic N SP SP N N Y Y SP Mining N N N N Y SP SP N Motor Vehicle Service Station N SP SP SP N SP SP N Museum Y N SP N N Y Y N Open Air Market Y Y Y N N Y Y N Pharmacy Y Y Y N N Y Y SP Supermarket Y Y SP N N Y Y SP Truck/Bus Terminal N N N SP Y SP SP N N = No Y = Yes SP = Special Permit A = Accessory Use as defined in 139-15 FBED = Formula Business Exclusion District Page 19 2008 Annual Town Meeting and Election Warrant 4. To amend section 2 by inserting the following definitions to be inserted alphabetically: ALCOHOLIC BEVERAGE SALES – A facility for the retail sale of beer, wine, or other alcoholic beverages for off-premise consumption. ARCADE – A place or facility where any electric or electronic machine, such as pinball or other similar electronic games, are played for amusement only. Shall not be construed so as to include bingo games, juke boxes, children’s mechanical rides (e.g., horses, rocket ships), or machines that sell merchandise nor shall it be construed so as to include gambling devices or any other devices prohibited by law. AUTOMOBILE SERVICE STATION – Any building, structure or land used primarily for the dispersal, sale, or offering for sale of automotive fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement or rebuilding, body and fender repair, or painting. CATERING SERVICE – An establishment in which food, meals, and incidental services are prepared and then delivered to another location for consumption. CLINIC, MEDICAL OR DENTAL – Offices organized as a unified facility by one or more physicians, dentists, chiropractors or other licensed practitioners to provide medical or dental treatment and examination, but not including bed-patient care. CLUB – Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business. CONTRACTORS SHOP – An establishment used for the indoor repair, maintenance, or storage of a contractor’s vehicles, equipment, or materials, and may include the contractor’s business office but which does not use any exterior storage area. CONVENIENCE STORE - A retail store offering for sale groceries and household items intended for the convenience of the neighborhood with a floor area of less than 2,500 square feet; does not include automotive service stations or vehicle repair shops. FOOD PROCESSING ESTABLISHMENT – Manufacturing establishments that produce or process foods for human consumption. Includes: (1) bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution); (2) dairy products processing; (3) fats and oil products (including rendering plants); (4) fruit and vegetable canning, preserving, and related processing; (5) grain mill products and by-products; (6) meat, poultry, and seafood canning, curing, and byproduct processing; and (7) distilleries. Page 20 2008 Annual Town Meeting and Election Warrant HEALTH SPA – A place or building where massage, beauty treatment, cosmetic procedures, and related activities take place. LANDSCAPE CONTRACTOR – A business engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground. LIGHT MANUFACTURING – An establishment engaged in the indoor manufacturing, processing, or fabrication of materials or products. OPEN AIR MARKET – An occasional or periodic market held in an open area or in a structure where groups of individual sellers licensed by the Board of Selectmen offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on- site PERSONAL SERVICES ESTABLISHMENT – Establishments providing frequent or recurrent needed specialized non-medically related services, including beauty and barber shops; clothing rental, garment repair, shoe repair shops, tanning salons, photographic studios, psychic readers, tattoo or body piercing studio. These uses may also include accessory retail sales of products related to the services provided. PHARMACY – An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, home and personal care products, and related supplies. PRINT SHOP – A retail establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment and may include the collating and binding of booklets and reports. TAXICAB BUSINESS – A service that offers transportation utilizing three (3) or more motor vehicles to persons, including those who are handicapped, in return for remuneration. SUPERMARKET – Store where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores or pharmacies. TRUCK/BUS TERMINAL – A facility for the receipt, transfer, short-term storage, or dispatching of goods transported by truck or the storage, service, or maintenance of buses not in active transport of passengers. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. Post Office. 5. To amend section 7, subsection F(8)(d)(1) by deleting the following and renumbering subsection F(8)(d)(2) accordingly: Page 21 2008 Annual Town Meeting and Election Warrant As part of the MRD special permit application, an applicant may request designation of a lot within the MRD subdivision for a nonresidential use. Said nonresidential use shall be limited to 2,000 gross square feet of small-scale, neighborhood-oriented retail or office use as allowed in § 139-10B(1), (2) or (3). As part of the MRD submission, an applicant must provide information which supports the need or necessity of the proposed nonresidential use. Proposed nonresidential uses shall be appropriately scaled for a village setting, and shall be designed to complement the overall function and architecture of the immediate area as determined by the Planning Board. 6. To amend section 8 as follows: § 139-8. Residential Districts R-1, R-10, SR-2 and ROH and Residential Commercial Districts RC, RC-2, RCDT, CN, CTEC and LC. [Amended 4-9-2001 ATM by Art. 25, AG approval 8-24- 2001] (See also §§ 139-7, 139-9 and 139-11.) A. Permitted uses: [Amended 4-10-2002 ATM by Art. 45, AG approval 7-31-2002; 4-15-2003 ATM by Art. 26, AG approval 8-27-2003] (1) In the R-1, R-10, RC, RC-2, RCDT, CN, CTEC and LC (but not SR-2 or ROH) Districts, one duplex dwelling containing two dwelling units; provided that: [Amended 10-19-2004 STM by Art. 11, AG approval 2-22-2005] (a) Any lot on which the two dwelling units are located shall not contain any additional dwellings or dwelling units; and (b) One of the two dwelling units shall be a secondary dwelling unit. (c) In the R-1 and LC Districts, the two dwelling units shall be in the same ownership. Editor's Note: Former Subsection A(1)(d), regarding duplexes in the R-10 District, which immediately followed this subsection, was repealed 4-4-2006 ATM by Art. 46, AG approval 8-2-2006. (2) Any municipal use, including, but not limited to, offices, schools, parks, libraries and recreational uses. 7. To amend section 8 as follows: B. Exceptions. The Board of Appeals may grant a special permit to allow the following uses: (1) Commercial profit-making businesses operating community recreational facilities, such as golf courses, tennis, paddle and racquet courts, bowling alleys, fitness centers or the like; provided they are not substantially more detrimental to the neighborhood nor the environment than existing or permitted alternative uses of the lot. (2) (1) Neighborhood service establishments such as barber, beauty, shoe repair, tailor shops, funeral homes, photographer's studios, art gallery, art salon, antique/craft shop, Page 22 2008 Annual Town Meeting and Election Warrant and upholsterers' shops. No service establishment shall exceed 3,000 square feet of floor area, and the aggregation of such service establishments on a lot (or on contiguous lots in one ownership) shall not exceed 4,000 square feet of floor area [Amended 4-12-1999 ATM by Art. 34, AG approval 8-10-1999] (3) (2) A multibed hospital with any ancillary doctors' and dentists' offices. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 29 (Zoning Bylaw Amendment – Intensity Regulations Reorganization and New Districts) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by taking the following actions(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 final text): 1. To amend section 16A, “Intensity regulations”, as follows Yard Setback District Minimum Front Side/Rear Frontage Ground Defined in § 139-3 Lot Size (sq. feet) (feet) (feet)** (feet)* Cover Ratio ROH 5,000 None 5 50 50% R-1 5,000 10 51 50 30% R-5 5,000 10 Side:10 minimum on one side; 5 thereafter Rear: 5 50 40% R-10 10,000 20 10 75 25% R-20 20,000 30 10 75 12.50% Town Overlay Residential Districts R-40 40,000 30 10 75 10.0% SOH 5,000 None 5 50 50% SR-1 5,000 10 51 50 30% SR-10 10,000 15 5 75 25% SR-20 20,000 30 10 75 12.50% V-R 20,000 30 15 100 10.0% Country Overlay Residential Districts LUG-1 40,000 35 10 100 7% Page 23 2008 Annual Town Meeting and Election Warrant LUG-2 80,000 35 15 150 4% LUG-3 120,000 35 20 200 3% MMD 10 acres 50 50 300 0.50% Side: none RCDT 3,750 None Rear: 5 35 75% RC 5,000 None 5 40 50% RC-2 5,000 20 51 40 50% LC 5,000 None 5 40 50% CMI 5,000 None 0 50 50% CN 7,500 10 Side: 5 Rear: 10 50 40% CTEC 10,000 10 Side: 5 Rear: 10 50 40% Town Commercial Districts CI 15,000 20 10 75 50% VN 10,000 10 10 50 30% Country Commercial Districts VTEC 40,000 30 20 100 7% NOTES: See § 139-33E for nonconforming lots 1 For lots abutting two or more streets or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line except in the R-1 and RC-2 Districts where a minimum 10 foot side yard setback shall be maintained from any other street or way, whether constructed or not. 2. To amend section 16C, “Exceptions for yards”, as follows (NOTE: new l 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 final text): (1) The Board of Appeals may grant a special permit to reduce the ten-foot side yard setback in R-5 and the ten-foot side and rear yard setback distance in Districts R-10 and, SR-10, R-20 and SR-20 from 10 feet to five feet. 3. To amend section 3 as follows: Limited use. Country Overlay District Residential District Abbreviation Sconset Old Historic SOH Sconset Residential-1 SR-1 Sconset Residential-10 SR-10 A.B. Sconset Residential-2 SR-2 Page 24 2008 Annual Town Meeting and Election Warrant Village Residential VR Limited Use General 1 LUG-1 Limited Use General 2 LUG-2 Limited Use General 3 LUG-3 Town Overlay District Residential. [Amended 4-12- 2004 ATM by Art. 25, AG approval 9-3-2004] District Abbreviation Residential Old Historic ROH Residential-1 R-1 Residential-5 R-5 Residential-10 R-10 Residential-20 R-20 Sconset Old Historic SOH Sconset Residential-1 SR-1 Sconset Residential-10 SR-10 B.A. Sconset Residential-2 SR-2 Town Overlay District Commercial. [Amended 4-15- 2003 ATM by Art. 31, AG approval 8-27-2003] District Abbreviation Residential Commercial RC Residential Commercial 2 RC-2 Residential Commercial Downtown RCDT C. Limited Commercial LC Commercial-Mid-Island CMI Commercial- Neighborhood CN Commercial Trade, Entrepreneurship and Craft CTEC Commercial Industrial CI Country Overlay District Commercial. District Abbreviation Village Neighborhood VN D. Village Trade, Entrepreneurship and Craft VTEC And to re-letter existing D to E and E to F. Page 25 2008 Annual Town Meeting and Election Warrant Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 30 (Zoning Map Change: Commercial Industrial) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties, currently located in the Residential Commercial-2 (RC-2) district to the Commercial Industrial (CI) district: Map Lot Number Street 69 Portion of 3.1 10 Sun Island Road 69 Portion of 3.3 0 Sun Island Road 69 105 14 Sun Island Road 69 29.8 15 Sun Island Road 69 29.7 13 Sun Island Road 69 29.6 11 Sun Island Road 69 29.5 7 Sun Island Road 69 3.5 0 Sun Island Road 69 29.2 9 Sun Island Road 69 29.1 5 Sun Island Road 69 10 3 Arrowhead Drive 69 10.2 19 Arrowhead Drive 69 10.3 13 Arrowhead Drive 69 10.4 0 Arrowhead Drive 69 108 109 Hinsdale Road 69 51 30 Arrowhead Drive 69 52 14-18 Arrowhead Drive 69 55 12 Arrowhead Drive 69 56 10 Arrowhead Drive 69 57 8 Arrowhead Drive 69 58 6 Arrowhead Drive 69 64 144-148 Old South Road 69 66 150-152 Old South Road 68 310 10 Airport Road 78 1 14 Airport Road Page 26 2008 Annual Town Meeting and Election Warrant Map Lot Number Street 78 Portion of 2 Macys Lane 78 Portion of 3 Airport Property 78 1.1 143 Old South Road 78 1.2 36R Bunker Road 78 2.1 30 Bunker Road 78 2.2 44 Bunker Road 78 2.3 36 Bunker Road 78 2.4 35 Bunker Road 78 2.5 Old South Road 78 2.6 Old South Road 78 2.7 32 Bunker Road 78 2.8 40 Bunker Road 78 2.9 42 Bunker Road 2. Placing the following property, currently located in the Limited Use General-3 (LUG-3) district to the Commercial Industrial (CI) district: Map Lot Number Street 69 6 Bunker Road 70 3 Hinsdale Road 78 Portion of 2 Macys Lane 78 Portion of 3 Airport Property 78 Portion of 4 South Pasture 78 Portion of 5 Madequecham Valley Road 79 Portion of 12 Airport Property 78 Portion of 16 Airport Property 78 Portion of 17 Airport Property 3. Placing the following parcels currently located in the RC-2 district to LUG-3 Map Parcel Number Street 69 Portion of 1 81 Milestone Road 69 Portion of 3.1 10 Sun Island Road 69 9 0 Hinsdale Road 69 10.1 154 Old South Road 79 Portion of 12 Airport Property Page 27 2008 Annual Town Meeting and Election Warrant 4. Amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following the following properties currently located in the Town Overlay District in the Country Overlay District: Map Lot Number Street 69 Portion of 3.1 Airport Property 69 9 Airport Property 69 10.1 Airport Property 69 3.2 Airport Property 69 30 Airport Property 69 31 Airport Property 69 8 Airport Property 69 7 Airport Property 78 Portion of 16 Airport Property 78 Portion of 17 Airport Property 79 Portion of 12 Airport Property 5. Amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following the following properties currently located in the Country Overlay District in the Town Overlay District: Map Lot Number Street 69 6 Bunker Road 70 3 Hinsdale Road 78 Portion of 4 South Pasture 78 Portion of 5 Madequecham Valley Road Or, to take any other action related thereto. All as shown on a map entitled “Warrant Article 30, 41-81 Master Plan Development: Commercial Industrial Rezoning – Vicinity of Airport” dated January 2008 and filed herewith at the Office of the Town Clerk. (Board of Selectmen for Planning Board) ARTICLE 31 (Zoning Map Change: Technical Correction - Airport) 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 Limited Use General-3 (LUG-3) district in the Residential Commercial-2 (RC-2) district: Page 28 2008 Annual Town Meeting and Election Warrant Map Lot Number Street 78 Portion of 2 Macys Lane 78 Portion of 2.7 32 Bunker Road 78 Portion of 3 Airport Property 78 Portion of 16 Airport Property Or to take all such other actions as may be related thereto. All as shown on a map entitled “Warrant Article 31, Technical Correction” dated January 2008 and filed herewith at the Office of the Town Clerk. (Board of Selectmen for Planning Board) ARTICLE 32 (Zoning Map Change: Hatch Circle and Raceway 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 66 277 1 Hatch Circle 66 276 3 Hatch Circle 66 275 5 Hatch Circle 66 274 4 Hatch Circle 66 273 8 Raceway Drive 66 272 6 Raceway Drive All as shown on a map entitled “Warrant Article 32, 41-81 Master Plan Development: RC-2 to R-10 – Hatch Circle and Raceway Drive” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) Page 29 2008 Annual Town Meeting and Election Warrant ARTICLE 33 (Zoning Map Change: Raceway 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 66 278 9 Raceway Drive 66 279 7 Raceway Drive 66 280 5 Raceway Drive All as shown on a map entitled “Warrant Article 33, 41-81 Master Plan Development: RC-2 to R-10 – Raceway Drive” dated January 2008 and filed herewith 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: Clara 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 Lot Number Street 66 283 6 Clara Drive 66 284 8 Clara Drive 66 285 10 Clara Drive 66 286 12 Clara Drive 66 287 14 Clara Drive 66 288 15 Clara Drive 66 289 13 Clara Drive 66 290 11 Clara Drive 66 291 9 Clara Drive All as shown on a map entitled “Warrant Article 34, 41-81 Master Plan Development: RC-2 to R-10 – Clara Drive” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) Page 30 2008 Annual Town Meeting and Election Warrant ARTICLE 35 (Zoning Map Change: Somerset Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties, currently located in the Residential Commercial-2 (RC-2) district in the Residential 10 (R-10) district: Map Parcel Number Street 66 147 97 Somerset Road 66 146 99 Somerset Road 66 145 101 Somerset Road 66 144 103 Somerset Road 66 143 1 Golfview Drive 66 142 2 Golfview Drive 66 141 109 Somerset Road 66 140 111 Somerset Road 66 139 113 Somerset Road 66 138 115 Somerset Road 66 137 117 Somerset Road All as shown on a map entitled “Warrant Article 35, 41-81 Master Plan Development: RC-2 to R-10 – Somerset Road” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 36 (Zoning Map Change: Madaket Area Open Space) 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-2 (R-2) district to the Limited Use General-3 (LUG-3) district concerning property in the vicinity of Smith’s Point/Esther’s Island in Madaket: Map Lot Number Street 36.2.2 21 Texas Street 36.2.3 1 through 30 New York Avenue 36.2.3 47 through 69 New York Avenue 36.2.3 71 through 96 New York Avenue 36.3.2 1 Shore Reservation 36.3.2 4 through 28 New York Avenue 36.3.2 29 through 61 Esther Island Page 31 2008 Annual Town Meeting and Election Warrant Map Lot Number Street 59.3 47 Starbuck Road 60 1 Esther Island Road 60 3 New Jersey Avenue 60 19 3 Baltimore Street 60 27 30 Starbuck Road 60 35 39 Starbuck Road 60 41 North Carolina Avenue 60 44 10 Chicago Street 60 46 through 48 351 Madaket Road 60 49 through 53 &126 361 Madaket Road 60 54 through 62 Alabama Avenue 60 63 Hither Creek Bed 60 64 through 74 California Avenue 60 122 8 Chicago Street 60 123 7 Chicago Street 60 126 Madaket Road 60 127 through 129 Midland Avenue 60 145 4 Baltimore Street 60.3.1 23 Rhode Island Avenue 60.3.1 34 through 41 55-57 New Hampshire Avenue 60.3.1 42 through 50 52,54,56,58,60 New Hampshire Avenue 60.3.1 52 through 58 Vermont Avenue 60.3.1 198 through 203 New Hampshire Avenue 60.3.1 226 through 285 Vermont/Maine Avenue 60.3.1 286 31 Maine Avenue 60.3.1 287 through 290 30 Maine Avenue 60.3.1 291 through 297 28 Maine Avenue 60.3.1 298 through 303 20-24 Maine Avenue 60.3.1 304 through 310 California Avenue 60.3.1 427 18 Maine Avenue 60.3.1 429 16 Maine Avenue 60.3.1 465 California Avenue 60.3.1 467 California Avenue 60.3.4 1 through 10 New Hampshire Avenue 60.3.4 12 through 48 Rhode Island Avenue 60.3.4 52 through 58 Massachusetts Avenue 60.3.4 65 & 66 Esther Island Page 32 2008 Annual Town Meeting and Election Warrant Map Lot Number Street 60.3.4 71 Esther Island 60.3.4 75 Esther Island 60.3.4 78 Esther Island 60.3.4 80 through 82 71 Massachusetts Avenue 60.3.4 83 & 85 Madaket 60.3.4 89 through 92 59 Massachusetts Avenue 60.3.4 93 through 96 57 Massachusetts Avenue 61 2 Esther Island Road 61.1.1 11 through 32 Maryland Street 61.1.1 67 through 92 Esther Island 61.1.1 93 through 144 Nevada Street 61.1.1 145 through 184 Missouri Avenue 61.1.1 185 through 214 Wisconsin Avenue 61.1.1 215 through 220 Illinois Avenue 61.1.1 221 through 225 Point Street 61.1.4 1 through 11 Missouri Avenue 61.1.4 12 through 14 Nevada Street 61.1.4 15 through 38 Missouri Avenue 61.1.4 39 through 61 Wisconsin Avenue 61.1.4 62 through 69 Missouri Avenue 61.1.4 70 through 85 Wisconsin Avenue 61.1.4 86 through 98 Illinois Avenue 61.1.4 99 through 122 Wisconsin Avenue 61.1.4 123 through 146 Illinois Avenue 61.1.4 147 through 158 Wisconsin Avenue 61.1.4 159 through 191 Illinois Avenue 61.1.4 192 through 215 Virginia Avenue 61.1.4 216 through 246 Illinois Avenue 61.1.4 247 through 289 Virginia Avenue 61.4.1 1 through 26 Virginia Avenue 62 1 & 2 Chicago Street 62 3 & 4 Minnesota Avenue 62 7 Long Pond 62 8 Sheep Pond Road 62 9 Minnesota Avenue 62 10 Madaket Page 33 2008 Annual Town Meeting and Election Warrant All as shown on a map entitled “Warrant Article 36, 41-81 Master Plan Development: R-2 to LUG-3 – Madaket Area Open Space” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to any other actions related thereto. (Board of Selectmen for Planning Board) ARTICLE 37 (Zoning Map Change: Mid-Island Greenbelt) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: (1) Placing the following properties, currently located in the Limited Use General-2 (LUG-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 67 172 80 Fairgrounds Road 67 79 3 Scott’s Way 67 78 5 Scott’s Way 67 77 7 Scott’s Way 67 75 20 Scott’s Way 79 1 Scott’s Way 79 30 Scott’s Way 80 7 Scott’s Way 80 8 Scott’s Way 80 217 Scott’s Way 68 70 Lover’s Lane 68 71 Lover’s Lane 68 72 Lover’s Lane 68 82 45 Old South Road (2) Placing the following property, currently located in the Residential Commercial -2 (RC-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 68 Portion of 18.1 50 Old South Road All as shown on a map entitled “Warrant Article 37, 41-81 Master Plan Development: Mid- Island Greenbelt” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) Page 34 2008 Annual Town Meeting and Election Warrant ARTICLE 38 (Zoning Map Change: Weweeder Pond Open Space) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties, currently located in the Limited Use General-2 (LUG-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 80 39 Weweeder Pond 80 105 Pochick Avenue 80 106 Weweeder Pond 80 107 Pochick Avenue 80 146 Pochick Avenue 80 147 Pochick Avenue 80 148 Pochick Avenue 87 Portion of 36 Western Avenue 87 Portion of 84 40 Western Avenue 87 4 51 Western Avenue 87 134 Weweeder Pond 80 219 “2” South Shore Road 2. Placing the following property, currently located in the Residential-2 (R-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 68 Portion of 84 40 Western Avenue All as shown on a map entitled “Warrant Article 38, 41-81 Master Plan Development: Weweeder Pond Open Space” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 39 (Zoning Map Change: Southwestern Town/Country Border-Miacomet) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties, currently located in the Residential Commercial-2 (RC-2) district to the Limited Use General-3 (LUG-3): Page 35 2008 Annual Town Meeting and Election Warrant Map Lot Number Street 66 66.4 Mizzenmast Road 66 432 Mizzenmast Road 66 501 24 Mizzenmast Road 66 433 30 Mizzenmast Road 66 Portion of 67 70 Bartlett Road 66 63 81 Miacomet Avenue 66 66.1 Smooth Hummocks 66 66.2 Smooth Hummocks 66 66.3 Smooth Hummocks 66 69.1 123 Somerset Road 66 456 38 Bartlett Farm Road 81 148 Smooth Hummocks 81 149 Smooth Hummocks 81 64 West Miacomet Road 81 65 West Miacomet Road 81 70 West Miacomet Road 81 71 34 West Miacomet Road 82 89 Smooth Hummocks 2. Placing the following property, currently located in the Limited Use General-2 (LUG-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 81 1 West Miacomet Road 81 Portion of 2 3 West Miacomet Road All as shown on a map entitled “Warrant Article 39, 41-81 Master Plan Development: Southwestern Town/Country Border-Miacomet” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) Page 36 2008 Annual Town Meeting and Election Warrant ARTICLE 40 (Zoning Map Change: Surfside Road and Vesper Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket as follows: 1. By placing all or part of the following properties currently located in the Residential-1 (R- 1) district in the Commercial-N (C-N) district: Map Lot Number Street 55 3 57 Prospect Street 55 130 61 Prospect Street 55 132 3 Vesper Lane 55 632 R. Vesper Lane 2. By placing all or part of the following properties currently located in the Residential-10 (R-10) district in the Commercial Neighborhood (C-N) district: Map Lot Number Street 55 249 10 Vesper Lane 55 275 Vesper Lane 55 250 8 Vesper Lane 55 251 4 Vesper Lane 55 252 2 Vesper Lane 55 253 5 Surfside Road 55 254 7 Surfside Road 55 258 11 Surfside Road 55 Portion of 256 15 Surfside Road 55 259 17 Surfside Road 55 265 19 Surfside Road 55 245.5 4 Anna Drive All as shown on a map entitled “Warrant Article 40, 41-81 Master Plan Development: Vesper Lane and Surfside Road” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) Page 37 2008 Annual Town Meeting and Election Warrant ARTICLE 41 (Zoning Map Change: Surfside Road and Miacomet Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing all or part of the following properties currently located in the Residential-10 (R-10) district in the Commercial Neighborhood (C-N) district. Map Lot Number Street 67 Portion of 345 1 Miacomet Road 67 Portion of 679 7 Miacomet Road 67 Portion of 680 5 Miacomet Road 67 681 3 Miacomet Road 67 237 78 Surfside Road 67 238 13 Surfside Drive 67 194.1 14 Surfside Drive 67 194 80 Surfside Road All as shown on a map entitled “Warrant Article 41, 41-81 Master Plan Development: R-10 to CN – Miacomet Road, Surfside Road, and Surfside Drive” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 42 (Zoning Map Change: Raceway Drive and Clara 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 Commercial Neighborhood (CN) district: Map Lot Number Street 66 300 1 Clara Drive 66 281 3 Raceway Drive 66 271 4 Raceway Drive All as shown on a map entitled “Warrant Article 42, 41-81 Master Plan Development: R-10 to CN – Raceway Drive and Clara Drive” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. Page 38 2008 Annual Town Meeting and Election Warrant (Board of Selectmen for Planning Board) ARTICLE 43 (Zoning Map Change: Clara Drive and Todd Circle) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties, currently located in the Residential Commercial-2 (RC-2) district in the Commercial Trade, Entrepreneurship and Craft (CTEC) district or Commercial Neighborhood (CN) district: Map Lot Number Street 66 282 4 Clara Drive 66 299 3 Clara Drive 66 298 1 Todd Circle 66 297 3 Todd Circle 66 296 5 Todd Circle 66 295 7 Todd Circle 66 294 6 Todd Circle 66 293 4 Todd Circle 66 292 2 Todd Circle All as shown on a map entitled “Warrant Article 43, 41-81 Master Plan Development: R-10 to CTEC or CN – Clara Drive and Todd Circle” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 44 (Zoning Map Change: LUG-2 to CTEC – 67 and 69 Surfside Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties, currently located in the Limited Use General (LUG-2) district in the Commercial Trade, Entrepreneurship and Craft (CTEC) district: Map Lot Number Street 67 Portion of 229 69R Surfside Road 67 230 69 Surfside Road 67 231 67 Surfside Road 67 232 67 Surfside Road Page 39 2008 Annual Town Meeting and Election Warrant All as shown on a map entitled “Warrant Article 44 41-81 Master Plan Development: LUG-2 to CTEC – 67 and 69 Surfside Road” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 45 (Zoning Map Change: Miller Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing all or part of the following properties currently located in the Residential-2 (R-2) district in the Residential Commercial-2 (RC-2) district: Map Lot Number Street 68 128 77 Old South Road 68 129 73 Old South Road 68 465 79 Old South Road 68 n/a “WAY” n/a Miller Lane All as shown on a map entitled “Warrant Article 45 R-2 to RC-2 –Miller Lane” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 46 (Zoning Map Change: Rezoning – Kelley Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties, currently located in the Limited Use General-3 (LUG-3) district to the Limited Use General-1 (LUG-1): Map Lot Number Street 43 Portion of 12.2 67 Polpis Road 54 Portion of 21 49 Polpis Road 54 Portion of 27 7 Kelley Road 54 Portion of 28 4 Kelley Road 54 29 6 Kelley Road 54 30 8 Kelley Road Page 40 2008 Annual Town Meeting and Election Warrant 54 31 10 Kelley Road 54 32 12 Kelley Road 54 Portion of 95 28 Kelley Road 54 Portion of 96 13 Kelley Road 54 Portion of 97 11 Kelley Road 54 Portion of 98 9 Kelley Road 54 99 14 Kelley Road 54 100 16 Kelley Road 54 101 18 Kelley Road 54 104 28 Kelley Road 2. Placing the following properties, currently located in the Limited Use General-1 (LUG-1) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 54 Portion of 19 45 Polpis Road 54 Portion of 33 71 Polpis Road 43 221 1 Moors End Lane 43 Portion of 220 3 Moors End Lane 43 Portion of 219 5 Moors End Lane All as shown on a map entitled “Warrant Article 46 – Kelley Road Neighborhood Rezoning” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 47 (Zoning Map Change: Kelley Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties, currently located in the Limited Use General 3 (LUG-3) district to the Limited Use General 1 (LUG-1) district: Address Map Parcel 15 Kelley Road 54 95 28 Kelley Road 54 104 All as shown on a map entitled “Proposed Rezoning for 15 and 28 Kelley Road” filed herewith at the office of the Town Clerk. (Patricia C. Myers, et al) Page 41 2008 Annual Town Meeting and Election Warrant ARTICLE 48 (Zoning Bylaw Amendment: Multi-Family Overlay District) To see if the Town will vote to amend the “Zoning Map of the Town of Nantucket, Massachusetts” prepared by the GIS Department dated February 11, 2004 as amended, by placing the following parcel of land in the Multi-Family Overlay District: Assessor’s Map 69, Parcel 270 at 3A Sun Island Road (Paul S. Jensen, et al) ARTICLE 49 (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 January 2008 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; and (4) conversion of commercial space to residential use is limited. (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) impede or infringe upon existing public access. Page 42 2008 Annual Town Meeting and Election Warrant (b) new residential uses will be 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 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. Recreational boating-related: 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: Page 43 2008 Annual Town Meeting and Election Warrant Cruise ship terminals or support facilities Personal watercraft rental Private docks 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. 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. (Board of Selectmen for Harbor Plan Implementation Committee) ARTICLE 50 (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 Page 44 2008 Annual Town Meeting and Election Warrant MAP A B PARCEL NUMBER STREET 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 1 257 24 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 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 45 2008 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 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 8 3 HARBOR VIEW WY 42 4 2 12 1 S BEACH ST 42 4 2 14 1 STEAMBOAT WF 42 4 2 15 3 BROAD ST 42 4 2 16 31 EASY ST 55 1 4 8 96 WASHINGTON ST All as shown on the map entitled “Proposed 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 for Harbor Plan Implementation Committee) ARTICLE 51 (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 for Harbor Plan Implementation Committee) Page 46 2008 Annual Town Meeting and Election Warrant ARTICLE 52 (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 July 31, 2005, and where a private pier previously existed on the premises. 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 Page 47 2008 Annual Town Meeting and Election Warrant 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 for Harbor Plan Implementation Committee) ARTICLE 53 (Zoning Bylaw Amendment: Island Perimeter Restrictions) To see if the Town will vote to amend Section 139-22 of the Code of Nantucket, Island perimeter restrictions, section C. As is: Temporary moratorium on new docks piers and wharves in the RC District. Notwithstanding the provision 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 Harbor Plans for both Nantucket and Madame Harbors. Replace with the following: Temporary moratorium on new docks, piers and wharves in the RC District. Notwithstanding the provision of Subsection n B above, no new docks, piers and wharves, including extension of new or enlarge docks, piers and wharves, the extension of existing docks, piers or wharves, and the addition or creation of new appurtenant structures (defined as floats and ramps) for existing docks piers or wharves shall be constructed in the RC District except those docks, wharves and piers permitted by Massachusetts General Laws, Chapter 91 or approved by the Page 48 2008 Annual Town Meeting and Election Warrant Nantucket Conservation Commission of July 31, 2005 and where a private pier previously existed on the premise. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any dock, pier or wharf lawfully existing 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 April 2009, while the town of Nantucket updates its Harbor Plans for both Nantucket and Madaket Harbors. (Leo Asadoorian, et al) ARTICLE 54 (Zoning Bylaw Amendment: Disaster Rebuild Bylaw) To see if the Town will vote to amend Chapter 139 (Zoning) § 33 of the Code of the Town of Nantucket by adding the following subsection (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): M. Disaster Rebuild. Pre-existing non-conforming structures, damaged or destroyed by accidental cause, including fire, or otherwise damaged or destroyed without the consent of the owner, may be repaired or reconstructed, provided that: (1) The non-conforming nature of the repaired or reconstructed structure is not increased in any respect; (2) The repaired or reconstructed structure shall be used in the same manner as the structure being replaced or otherwise used in compliance with the use limitations of the applicable zoning district; and (3) A building permit for the repair or reconstruction shall be issued within two (2) years from the date of the damage or destruction; time incurred in resolving an appeal or other court action necessary for issuance of a building permit shall not be counted as part of the two (2) year limit. The Zoning Board of Appeals may extend the two (2) year period for good cause, provided that a request has been filed prior to expiration of the time period outlined above. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 55 (Zoning Bylaw Amendment: Dormitory Housing Overlay District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: 1. By deleting section 12D in its entirety (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not Page 49 2008 Annual Town Meeting and Election Warrant meant to become part of the final text): D. Dormitory Overlay District. The purpose of the Dormitory Overlay District (DOD) is to provide for large-scale developments in order to provide decent and affordable housing for employees working in the Town of Nantucket, both seasonal and year-round, in a manner that removes these potentially incompatible uses from existing neighborhoods of predominant single-family residential character, but places them close to transit, bike paths, public sewer, and water, and in places readily accessible to employment centers. It is the intent of this section to encourage employee housing that consists, in large part, of a mix of single-family, duplex, and dormitory-style housing types, predominantly in smaller structures, rather than in "barracks-style" conventional dormitory structures. [Added 4-9- 2001 ATM by Art. 38, AG approval 8-2-2001] (1) Allowed uses: (a) All uses allowed on the lot by right in the underlying district in which the land is located. (2) Permitted uses: (a) All uses permitted on the lot requiring a special permit, with or without major or minor site plan review, in the underlying district in which the lot is located. (b) The special permit granting authority may grant a special permit with minor site plan review pursuant to the requirements of § 139-23 to permit dormitory housing, also subject to the following standards: [1] Density within the Dormitory Overlay District shall not exceed 100 persons per acre of land, and no more than two dwelling units per lot or leasehold area as may be established by the Nantucket Airport Commission, provided such leasehold area meets the minimum lot size requirements of the underlying zone; [2] In addition to the standards for buffering and screening required under § 139-23, Site plan review, the special permit granting authority may require additional landscaping and screening as deemed necessary by the special permit granting authority to screen the facilities adequately from neighboring properties, particularly those DOD facilities that may abut or be visible from single-family residential properties; [3] Vehicular and bicycle parking shall be located on the side or rear of the proposed structure and screened from view from the street to the extent possible; [4] Occupancy shall be limited to employees of those employers who own or lease space in such housing, together with their spouses, domestic partners, or dependents of such employees; [5] The applicant shall provide evidence that with the housing, there is an entitlement to prepaid NRTA shuttle bus passes for all occupants for the duration of each occupancy; [6] The Zoning Enforcement Officer and Health Officer shall conduct an annual review of the compliance of the facility on the anniversary of the issuance of the permit, or more often as may be required by the special permit granting authority; Page 50 2008 Annual Town Meeting and Election Warrant [7] Each special permit application under this Subsection D(2)(b) shall be conditional on submission of a dormitory overlay district management plan prepared in accordance with guidelines or rules and regulations adopted by the special permit granting authority. 2. By modifying section 2 as follows: DORMITORY HOUSING — Housing for employees consisting of a mix of single-family, duplex, and dormitory-style housing types developed in accordance with § 139-12D, at a density not to exceed 100 persons per acre. EMPLOYER DORMITORY — A dwelling on a lot occupied by a legally permitted or nonconforming commercial or nonprofit recreational use, or on an adjoining lot under the same ownership, all located outside of the NEHOD and DOD Overlay Districts in which sleeping accommodations for more than five persons are provided by one or more employers, with occupancy limited solely to their employees. 3. By modifying section 3 as follows: E. Overlay Districts Dormitory DOD 4. By modifying section 4 as follows: a. The DOD shall be located as depicted on a map entitled “Dormitory Overlay District,” dated February 1, 2001, prepared by the Nantucket Planning and Economic Commission, incorporated by reference and made a part hereof. A copy of the map is on file with the Town Clerk and the Building Commissioner. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 56 (Alteration of Neighborhood Employee Housing Overlay District Map) To see if the Town will vote to amend the map entitled “Neighborhood Employee Housing Overlay District” of the Town of Nantucket by modifying section 4E of the Zoning Bylaw as follows: “The NEHOD shall be coterminous with the Town Overlay District (139-12E) as shown on a map entitled “Town and Country Designations” as may be amended from time to time located as depicted on a map entitled “Nantucket Employee Housing Overly District” dated February 1, 2001, revised March 6, 2001, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made a part hereof. A copy of the map shall be placed on file with the Town Clerk and the Building Commissioner upon adoption. Page 51 2008 Annual Town Meeting and Election Warrant Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 57 (Zoning Bylaw Amendment: Definition Change for Affordable Housing) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 2, “Definitions and word usage,” 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 final text): AFFORDABLE HOUSING — Housing units whose sale or resale price is regulated to be occupied by households with annual incomes less than 80% 150% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development. ELIGIBLE HOUSEHOLD — A household whose total annual income is not more than 80% 150% of the median income for Nantucket County as set forth in regulations promulgated from time to time by the United States Department of Housing and Urban Development pursuant to the Housing and Community Development Act of 1974, as amended, or a comparable standard as established by the Planning Board if these regulations are no longer in effect. of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development. MODERATELY PRICED HOUSING — Housing units whose sale or resale price is regulated to be occupied by households with annual incomes between 100% and 125% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development. (Board of Selectmen for Planning Board) ARTICLE 58 (Zoning Bylaw Amendment: Major Residential Development Special Permit) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 7, subsection F, “Major Residential Development Special Permit,” 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 final text): (7) (b) Affordable Housing Contribution [1] Any MRD may provide affordable and/or moderately priced housing units as allowed in Subsection F(8)(a). 8 (b) Affordable and moderately priced housing bonus. Page 52 2008 Annual Town Meeting and Election Warrant [1] For every affordable housing unit provided, serving those below 100% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development, one additional market-rate unit may be provided. [2] For every two moderately priced housing units of affordable housing provided, as defined in Article I, § 139-2 of this chapter, one additional market-rate housing unit may be provided. [3] See Article I, § 139-2 of this chapter for definitions of affordable housing. (Board of Selectmen for Planning Board) ARTICLE 59 (Zoning Bylaw Amendment: Major Residential Development Special Permit) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 7, subsection H, “Special Permit to create secondary residential lots for year- round residents,” 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 final text): H. Special permit to create secondary residential lots for year-round residents. (1) Purpose: to create, make available and maintain housing that is affordable to those who earn at or below 80% 150% of the Nantucket County median household income; to help those people or households to continue to reside on Nantucket if they wish to do so; to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity and unique sense of community. (2) Definitions: NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM — Shall mean a covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and ownership of real property not held as a condominium (the "NHNC-Ownership Form"). ORIGINAL LOT — Shall mean an existing lot, conforming to the dimensional requirements of Subsection H(3)(e) hereof, and other applicable requirements hereof, dividable into a primary lot and a secondary lot pursuant to this § 139-7H. PRIMARY LOT — Shall mean the larger of the lots created by the division of the original lot under this § 139-7H. SECONDARY LOT — Shall mean the smaller of the lots created by the division of the original lot under this § 139-7H. The secondary lot shall be subject to an NHNC- Ownership Form. Page 53 2008 Annual Town Meeting and Election Warrant (3) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board as special permit granting authority, in its discretion, pursuant to and subject to this § 139-7H, may issue a special permit, with conditions, authorizing the division of the original lot into a primary lot and a secondary lot, which special permit may include approval and endorsement of a plan not requiring approval under the Subdivision Control Law as such plan is defined and described in MGL c.41 § 81P, provided the following requirements and/or conditions shall apply to all applications for relief hereunder and all special permits granted hereunder, as the case may be: (a) The original lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any other instrument, pertaining to the placement, use or occupancy of second dwellings on said original lot. (b) The secondary lot shall be subject to an NHNC-Ownership Form, which shall provide, without limitation that the owner of the secondary lot, and any occupant of any dwelling erected thereon, shall earn at or below 80% 150% of the Nantucket County median household income. (c) No more than one dwelling shall be permitted on the primary lot. (d) No more than one dwelling shall be permitted on the secondary lot. (e) The minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Zoning District Minimum Original Lot Size (§ 139- 16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-10 10,000 4,000 6,000 R-2/SR-2 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 (f) The primary lot and the secondary lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning Page 54 2008 Annual Town Meeting and Election Warrant district, with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. (g) The primary lot and the secondary lot each must have a minimum of 20 feet of frontage. (h) Neither the primary lot nor the secondary lot shall have a separate vehicular access driveway, but shall share a single access driveway to a roadway. No more than one primary lot and one secondary lot shall share a single access driveway with any other primary lot or secondary lot. The Planning must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. (i) Where a primary lot and a secondary lot derive from the same original lot, the relationship of the dwelling situated on that primary lot and the dwelling situated on that secondary lot shall be maintained in accordance with the intent of § 139-7A(2), and the specific requirements of § 139-7A(2)(a), (b), (d), (e), and (h) with regard to the use and appearance of those respective dwellings. (j) A certificate of appropriateness required in § 139-26C(1) of the Code of the Town of Nantucket shall be an application requirement for a special permit under this § 139- 7H. (4) This § 139-7H shall not apply to major commercial developments, (§ 139-11); cluster developments (§ 139-7B); major residential developments (§ 139-7D); and are not permitted in the following zoning districts: Multi-family Overlay (MF); Residential Commercial Downtown (RCDT); Moorlands Management (MMA); Special Academy Hill (AHD); Special Our Island Home (OIH); and Assisted/Independent Living Community District (ALC). (5) Section 139-16D, Regularity formula, shall not apply to this § 139-7H. (6) No more than 12 secondary lots may be approved by the Planning Board within each calendar year, of which no more than two shall be approved for a single applicant. (Board of Selectmen for Planning Board) ARTICLE 60 (Zoning Bylaw Amendment: Mixed-income Residential Development (MIRD) Special Permit) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket §7, subsection I, “Mixed-income residential development (MIRD) special permit,” 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 final text. All numbered elements shall be renumbered to agree with those elements deleted or added): I. Mixed-income residential development (MIRD) special permit. Page 55 2008 Annual Town Meeting and Election Warrant (1) The purpose of this subsection is to encourage the creation of affordable housing houses on Nantucket by giving landowners through the option of subdividing two or more lots shown on a conventional or cluster subdivision plan so as to create a mixed- income residential development (MIRD). For each lot brought into the MIRD subdivision, the second-dwelling right can be converted into an additional, separately owned "bonus" lot carrying an affordable housing covenant. (All affordable lots are "bonus" lots.) The affordable lots and an equal number of market-rate lots are restricted to one dwelling per lot. The total number of houses allowed in the MIRD subdivision is the same as the total number allowed on the land being subdivided. (2) The following definitions apply to this § 139-7I: AFFORDABLE 80 COVENANT — A Nantucket Housing Needs Covenant-- Ownership Form, as defined in Chapter 100 of the Code of the Town of Nantucket, with a provision in perpetuity that the subject lot with dwelling thereon shall be owned and occupied by a household earning no more than 80% of the Nantucket County median household income adjusted for family size. AFFORDABLE 80 LOT — A buildable lot on a MIRD Plan that is subject to an Affordable 80 Covenant. AFFORDABLE 150 COVENANT — A Nantucket Housing Needs Covenant-- Ownership Form, as defined in Chapter 100 of the Code of the Town of Nantucket, with a provision in perpetuity that the subject lot with dwelling thereon shall be owned and occupied by a household earning no more than 150% of the Nantucket County median household income. AFFORDABLE 150 LOT — A buildable lot on a MIRD Plan that is subject to an Affordable 150 Covenant cluster development; a subdivision created pursuant to § 139- 7B. CONVENTIONAL SUBDIVISION — A subdivision that conforms or once conformed to the intensity regulations of § 139-16 or preexists the enactment of the Nantucket Zoning Bylaw. MARKET-RATE LOT — A buildable lot on a MIRD Plan that is not an affordable lot. MIRD PLAN — A subdivision plan that is created by subdividing land pursuant to this § 139-7I. NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM — Shall mean a covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and ownership of real property not held as a condominium (the "NHNC-Ownership Form"). Page 56 2008 Annual Town Meeting and Election Warrant NHNC PROGRAM — The Nantucket Housing Needs Covenant Program set forth in Chapter 100 of the Code of the Town of Nantucket and regulations thereunder. ORIGINAL LOTS — The lots on an original plan that comprise the land being subdivided to create a MIRD Plan. ORIGINAL PLAN — An AR or ANR plan endorsed or otherwise approved by the Planning Board showing a conventional subdivision or a cluster development, but neither a previously created MIRD Plan nor a plan created pursuant to § 139-7F (major residential development) shall qualify as an original plan. TWO-DWELLING LOT — A lot on which two dwellings legally can be built, such determination to be made with regard to the provisions of this Zoning Bylaw, applicable special permits and variances, deed restrictions and other documents of record, health regulations, and restrictions mandated by the Planning Board. (3) By grant of special permit the Planning Board may allow creation of a MIRD subdivision as provided in this § 139-7I in all districts except the MMD. the following zoning districts: Multi-family Overlay (MF); Residential Commercial Downtown (RCDT); Moorlands Management (MMA); and shall not apply to major commercial developments, (§ 139- 11); major residential developments (§ 139-7D). (4) Any two or more two-dwelling lots on an original plan Original Plan, whether or not in common ownership, may be subdivided to create a MIRD Plan. Lots on an original plan Original Plan that do not qualify as two-dwelling lots shall not be included in the land being subdivided on the MIRD Plan. (The lots on an original plan that comprise the land on the MIRD Plan are referred to herein as "original lots.") (5) The number of market-rate lots shall equal the number of original lots. Market-rate lots shall be designated as such on the MIRD Plan. (6) The number of affordable lots shall be a number that is at least 25% but not more than 100% of the number of original lots. (A fraction of a lot shall be counted as a whole lot.) Each affordable lot shall be so designated on the MIRD Plan. (7) At least 25% of the affordable lots shall be designated as Affordable 80 Lots. (A fraction of a lot shall be counted as a whole lot.) The remaining affordable lots shall be designated as Affordable 150 Lots. (8) (7) Affordable lots shall be restricted as follows: Each affordable lot shall be made subject to the appropriate affordable covenant NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM prior to the issuance of a building permit for construction of a dwelling on that lot; except that an affordable lot on which there is a dwelling existing at the time of the Planning Board's endorsement of the MIRD Plan, or for which a building permit was issued prior to such endorsement, shall be made subject Page 57 2008 Annual Town Meeting and Election Warrant to the covenant NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM at or before the time of such endorsement. (a) Each affordable lot shall be made subject to the appropriate affordable covenant prior to the issuance of a building permit for construction of a dwelling on that lot; except that an affordable lot on which there is a dwelling existing at the time of the Planning Board's endorsement of the MIRD Plan, or for which a building permit was issued prior to such endorsement, shall be made subject to the covenant at or before the time of such endorsement. (b) The Planning Board, after consulting with the Nantucket Housing Authority or its designee, shall impose conditions in the MIRD special permit as necessary to ensure that each affordable lot will meet the requirements of the NHNC Program. (9) (8) All affordable lots and an equal number of market-rate lots shall be restricted to one dwelling per lot. Each affordable and market-rate lot that is restricted to one dwelling shall be so designated on the MIRD Plan. (10) (9) No office or studio, other than an office or studio within a dwelling, shall be built in a MIRD subdivision on a lot that is restricted to one dwelling. (11) (10) Dimensional requirements for buildable lots on the MIRD Plan are as follows: (a) Frontage requirements: [1] The total frontage of buildable lots on the MIRD Plan shall be not less than the total frontage of the original lots. [2] The frontage requirement for two-dwelling lots on the MIRD Plan shall be as follows: [a] If the original plan is a conventional subdivision, the frontage requirement is that 80% of the frontage requirement provided by the intensity regulations of § 139-16, or the average frontage of the original lots, whichever is less. [b] If the original plan is a cluster development, the frontage requirement is 20 feet. [3] There shall be no frontage requirement for one-dwelling lots on the MIRD Plan. However, when a proposed MIRD Plan shows one or more one-dwelling lots with less frontage than the frontage requirement for a two-dwelling lot (as defined in Subsection I(11)(a)[2] above), the following shall apply: The Planning Board shall impose easements and/or other conditions as necessary to ensure adequate access and utility service to such one-dwelling lots; and the Planning Board also may impose building envelopes and/or other conditions that will result in an appropriate placement of dwellings in the subdivision. Page 58 2008 Annual Town Meeting and Election Warrant (b) The Planning Board also may impose building envelopes and/or other conditions that will result in an appropriate placement of dwellings in the subdivision. (b)(c) The maximum ground cover ratio for lots on the MIRD Plan shall be the same as that for the original lots. (c)(d) If the original plan is a conventional subdivision, the lots on the MIRD Plan shall conform to the dimensional requirements in the following table: One- Dwelling Minimum Lot Size Two- Dwelling Minimum Lot Size Front Setback Side/ Rear Setback LUG-3 36,000 96,000 15 10 LUG-2 24,000 64,000 15 10 LUG-1 14,000 32,000 15 10 R-2 8,000 16,000 15 5 R-10 4,000 8,000 15 5 R-1, ROH, RC, RC-2, LC 2,000 4,000 10 5 (e) If the original plan is a cluster development, the lots on the MIRD Plan shall conform to the dimensional requirements in the following table; except that the Planning Board may reduce side or rear setbacks by up to 100% pursuant to § 139-7B(3)(a). One- Dwelling Minimum Lot Size Two- Dwelling Minimum Lot Size Front Setback LUG-3 4,500 9,000 15 LUG-2 4,500 9,000 15 LUG-1 4,500 9,000 15 R-2 2,250 4,500 15 R-10 2,000 3,600 15 R-1, ROH, RC, RC-2 2,000 3,200 10 (12) (11) The Planning Board, in its discretion, may require that a MIRD subdivision shall have common driveways subject to the requirements of § 139-20.1B(3). (13) Market rate lots on the MIRD Plan shall be subject to any provisions of § 139-24A (phased development) that may apply to the original lots. Affordable lots shall be exempt from such provisions. Page 59 2008 Annual Town Meeting and Election Warrant (14) (12) Lots on a MIRD Plan shall not be further subdivided except for minor lot-line adjustments, and such limitation on subdivision shall be noted on the MIRD Plan. (15) (13) Nothing in this subsection shall be construed to affect the applicability of the Planning Board's Rules and Regulations Governing the Subdivision of Land. (16) (14) Nothing in this subsection shall be construed to prohibit the voluntary imposition of a Nantucket Housing Needs Covenant on a market-rate lot. (17) (15) Except as stated above, all other provisions of this Zoning Bylaw shall be applicable to a MIRD subdivision. (18) (16) The provisions of the § 139-7I shall expire on December 31, 2007. April 30, 2009. (Board of Selectmen for Planning Board) ARTICLE 61 (Zoning Bylaw Amendment: Open Air Markets) NOTE: The following article addresses the “farmers’ market” concerns of the Town by adding a new use under “definitions” for “Open Air Markets” and then allows a new use in those districts listed in Section 139-8 and addes “Open Air Markets” as a new allowed by right use, subsection (3), under Section 139-8A permitted uses with Site Plan Review by the Planning Board per Section 139-23E. Sections 139-2; 139-8A; and 139-23E(2) would be amended as shown below: To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: 1. To amend Section 139-2 by adding in the appropriate alphabetical listing the following definition: “Open Air Markets: An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produces, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second hand goods) dispensed from booths located on site.” 2. To amend Section 139-8A by adding the following new use and language: “(3) Open Air Markets with minor Site Plan Review under Section 139-23 by the Planning Board.” 3. To amend Section 139-23E (2) by adding the following language to the last sentence: Page 60 2008 Annual Town Meeting and Election Warrant “…and for minor site plan review for Open Air Markets.” (Heather Coffin, et al) ARTICLE 62 (Zoning Bylaw Amendment: Definition of Transfer Station) 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. To amend section 2, paragraph A by adding the following definition: Transfer Station – a handling facility where solid waste is brought, stored and transferred from one vehicle or container to another vehicle or container for transport off-site to a solid waste treatment, processing or disposal facility. 2. To amend section 9, paragraph B by adding the following use: B(2)(s) Transfer Station in the RC-2 and CI Districts only. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 63 (Zoning Bylaw Amendment: Definition of Structure) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 2, 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): STRUCTURE – Material or materials sited, erected or assembled at a fixed location to give support to shelter, such as a building, antenna tower, tank, tent, stadium, steel storage container, lighthouse, dock, retaining wall, deck, platform, steps, chimney, game court, or a swimming pool in-ground or above of more than 1,000 gallons, or the like. STRUCTURE – Anything constructed or erected, the use of which requires a fixed location on the ground. “Structure” shall be construed, where the context allows, as though followed by the words “or part thereof” and shall include, but not be limited to, buildings, retaining walls which support buildings, antenna towers, steel storage containers, lighthouses, docks, decks, chimneys, in or above ground swimming pools containing 1000 gallons or more, tents, and game courts. “Structure” shall not include retaining walls not exceeding four (4) feet in height Page 61 2008 Annual Town Meeting and Election Warrant for landscaping purposes, fences, rubbish bins, and a maximum of two (2) above ground propane tanks not to exceed 120 gallons each. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 64 (Zoning Bylaw Amendment: RCDT) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: 1. By deleting the letter "R" from the acronym "RCDT" throughout the Zoning Bylaw so that the new acronym will read as "CDT" in the following Sections: Section 139-3 C. Districts Enumerated Section 139-7 E. (1) All Districts – Prohibited Uses Section139-7 H (4) All Districts – Special Permits Section 139-8 Residential Districts and Residential Commercial Section 139-8 A (1) Residential Districts and Residential Commercial Section 139-9 Residential Commercial Section 139-9 A (12) Residential Commercial Section 139-11 A (12) MCD Section 139-16 A Intensity Regulations Section 139-17 C (4) Height Limitations Section 139-18 D Off-Street Parking Requirements 2. By deleting the word "Residential" from the title "Residential Commercial Downtown" throughout the Zoning Bylaw so that the new title will read as "Commercial Downtown" in the following Sections: Section 139-3 C. Districts Enumerated Section 139-7 H. (4) All Districts – Special Permits 3. By amending the Zoning Map of the Town of Nantucket to reflect this nomenclature change. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) NOTE: The article removes the letter "R" from the acronym "RCDT" and the word "Residential" from the "Residential Commercial Downtown" zoning district title throughout the Zoning Bylaw since the district is really a commercial downtown area as opposed to a residential commercial downtown area; as a result thirteen (13) bylaw sections need to be amended. Page 62 2008 Annual Town Meeting and Election Warrant ARTICLE 65 (Zoning Bylaw Amendment: Wind Energy Conversion Systems (WECS) Technical Correction) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 20, paragraph F 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) If maximum readings are exceeded, the installation shall be considered a public nuisance in violation of §139-20A 139-7E of this chapter. The violation shall be corrected within 90 days form the date of notification, and if the noise violation cannot be remedied, the WECS shall be removed or relocated. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 66 (Bylaw Amendment: Peddlers, Solicitors and Transient Vendors) To see if the Town will vote to amend Chapter 107 (Peddlers, Solicitors and Transient Vendors) of the Code of the Town of Nantucket as follows (NOTE: new language is shown by 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): § 107-1. Definitions. TRANSIENT OR TEMPORARY BUSINESS -- Any exhibition, sale, renting, leasing or offering for hire, or offering for sale or for contribution or otherwise, by any person or persons for any period of time, of any goods, wares, merchandise, entertainment or services carried on, in or at a place not being a fixed and permanent structure or building, including but not limited to any open-air market, farmers’ market or other organized or group sale or exhibition event. TRANSIENT VENDORS -- Any person, either principal or agent, who engages in a transient or temporary business in the Town of Nantucket, selling or soliciting or offering for sale or accepting contributions for the offering, renting, leasing or offering for hire or selling or providing goods, wares, merchandise, entertainment or services for any period of time. § 107-2. License required; investigation; bond. No person, persons, group or organization shall engage in the business of a transient vendor or conduct or maintain a transient or temporary business until such person(s) shall make application to the Selectmen and receive from the Selectmen a license to conduct the business. The Selectmen shall, prior to issuing said license, make such investigation or inquiry as they may deem necessary and shall determine whether the transient or temporary business for which a license is sought would be beneficial to the best interest of the Town of Nantucket and its inhabitants and, in so determining, shall consider the financial responsibility of the Page 63 2008 Annual Town Meeting and Election Warrant applicant, the place where the applicant proposes to conduct his business and the effect that said business would have on the neighborhood properties, vehicular and pedestrian traffic and the safety of the persons in the vicinity. The Selectmen may require the filing of a bond in an amount deemed by the Selectmen to be sufficient to protect the interest of the Town of Nantucket. § 107-4. Exceptions. Nothing contained herein shall prohibit the sale from trucks or stalls of vegetables, fruits and flowers grown locally by the owner of the farm or premises where such vegetables, fruits or flowers are grown or of fish and shellfish taken by a transient vendor, except however, no transient vendor shall participate in any open-air market, farmers’ market or other planned, organized or impromptu group sale, exhibition or event, and none shall be permitted, unless first licensed by the Selectmen consistent with § 107-2 above. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 67 (Bylaw Amendment: Management of Coastal Properties owned by the Town of Nantucket) To see if the Town shall vote to amend the Code of the Town of Nantucket to include a new section of the general bylaws Chapter 67, entitled: “MANAGEMENT OF COASTAL PROPERTIES OWNED BY THE TOWN OF NANTUCKET,” providing as follows: Section AA-BBB. Management of coastal properties owned by the Town. (a) Moratorium There shall be a temporary moratorium on the use of Town properties for new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on public lands owned by the Town of Nantucket such that no new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, including extensions of new or enlarged coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, and the addition or creation of new appurtenant structures for existing coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like shall be hereafter constructed on land owned by the Town of Nantucket, except those coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, already approved by the Nantucket Conservation Commission for Town-owned properties prior to July 1, 2007. (b) Maintenance of existing projects. Page 64 2008 Annual Town Meeting and Election Warrant Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on Town lands as may be lawfully existing or permitted by the Nantucket Conservation Commission prior to July 1, 2007, provided however any land access needed in order to undertake the work to do such repair, maintenance, or replacement shall be with the written permission of all legal landowners, including the Town of Nantucket whose land is necessary for such access. (c) Duration of moratorium. This moratorium shall remain in effect until December 31, 2010, or until such date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established. This moratorium shall not prohibit emergency armoring measures necessary to protect public roads, public buildings, or other public assets from imminent destruction. Or to take any other action thereto. (Catherine Flanagan Stover, et al) ARTICLE 68 To see if the Town shall vote to amend the Charter of the Town of Nantucket to include a new section providing as follows: Chapter/Section XXX, Management of coastal properties owned by the Town. (a) Moratorium There shall be a temporary moratorium on the use of Town properties for new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on public lands owned by the Town of Nantucket such that no new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, including extensions of new or enlarged coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, and the addition or creation of new appurtenant structures for existing coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like shall be hereafter constructed on land owned by the Town of Nantucket, except those coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, already approved by the Nantucket Conservation Commission for Town-owned properties prior to July 1, 2007. (b) Maintenance of existing projects. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on Town lands as may be lawfully existing or permitted by the Page 65 2008 Annual Town Meeting and Election Warrant Nantucket Conservation Commission prior to July 1, 2007, provided however any land access needed in order to undertake the work to do such repair, maintenance, or replacement shall be with the written permission of all legal landowners, including the Town of Nantucket whose land is necessary for such access. (c) Duration of moratorium. The moratorium shall remain in effect until December 31, 2010, or until such date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established. This moratorium shall not prohibit emergency armoring measures necessary to protect public roads, public buildings, or other public assets from imminent destruction. Or, to take any other action thereto. (Catherine Flanagan Stover, et al) ARTICLE 69 (Bylaw Amendment: Animals) Original: 55-4.D Leash law. No person within the confines of the Town shall at any time permit a dog owned or kept by such keeper run at large beyond the confines of the property of the owner or keeper unless the dog is held firmly on a leash. Revision: 55-4.D Leash law. No person within the confines of the Town shall at any time permit a dog owned or kept by such keeper run at large unless the dog is under the control of the owner or keeper and such owner or keeper is indicating responsibility for the dog’s behavior. (John West, MD, et al) ARTICLE 70 (Bylaw Amendment: Signs, Satellite Dishes, Rooflines) To see if the Town will vote to: Amend the Historic District Commission (HDC) Abutter Notification Policy by changing the section entitled “Applications Requiring Abutter Notification” 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): “Abutters shall be notified of all HDC applications which would result in a change of one thousand square feet (1,000) one hundred square feet (100) or more of floor area (including new construction, demolition, moving, etc.)” (Charity Benz, et al) Page 66 2008 Annual Town Meeting and Election Warrant ARTICLE 71 (Bylaw Amendment: Parking) To see if the Town will vote to: amend Section 103-6 (Parking Permits) of the Code of the Town of Nantucket as follows: Add a new paragraph at the end of Section A, reading as follows: “Resident Parking Permits shall also be issued to Nantucket Registered voters who own a residence on Nantucket upon the following conditions: a. The application for the Permit shall be submitted between January 15 and April 15 of each year. b. The fee for said Permit shall be $100.00 per year. c. Applicant must submit proof that he/she is a registered voter and lives in a Nantucket home as his/her residence. d. Permits shall be limited to one (1) vehicle per residence and limited to vehicles owned or leased by the Nantucket resident. (James Lydon, et al) ARTICLE 72 (Bylaw Amendment: Streets and Sidewalks) To see if the Town will vote to amend Chapter 127 (STREETS AND SIDEWALKS) of the Code of the Town of Nantucket as follows (NOTE: language to be deleted is shown by strike- out; these methods to denote changes are not meant to become part of the final text): § 127-19. Limitations on road improvements and construction. [Amended 4-12-2004 ATM by Art. 61, approved 9-3-2004] A. The Town will preserve the historic character of its road system by prohibiting the following improvements or construction for any publicly owned way or street on Nantucket unless an exception of any of the following standards is expressly authorized by a vote of Town Meeting: (1) The installation of automated traffic signals; (2) Road widenings for the purpose of increasing motor vehicle travel capacity; (3) The construction of travel lanes dedicated as turning lanes for motor vehicles; (4) The construction of new public streets; and Page 67 2008 Annual Town Meeting and Election Warrant (5) Paving of any unimproved publicly owned streets, ways or roads. B. This section shall not apply to state roads, ways pursuant to the Subdivision Control Law, and common driveways. § 127-20. Exceptions. Exceptions to the above prohibitions are: A. Areas located within the Town Overlay District (not including traffic signals or road widenings for vehicle capacity) as depicted on the map entitled “Town and County Overlay District,” dated January 2, 2002, Nantucket Planning and Economic Development Commission (Article 37, 2002 ATM as duly amended and on file at the Town Clerk’s office. [Amended 4-12-2004 ATM by Art. 61, approved 9-2-2004] B. Reconstruction of road beds and resurfacing of paved roads in existence prior to the effective date of this article. C. Road improvements (not including traffic signal systems) as required by the Planning Board in conjunction with the approval of subdivision plans. D. Reconstruction of existing road drainage systems or construction of new drainage systems, provided that such systems are equipped with petroleum separation and capture per Massachusetts Department of Environmental Protection standards. E. Bike paths and bike lanes. [Amended 4-12-2004 ATM by Art. 61, approved 9-3-2004] F. (Reserved) Editor’s Note: Former Subsection F, excepting works pursuant to Town or county road construction under state grant, as amended, was repealed 4-12-2004 ATM by Art. 61, approved 9-3-2004. G. Road improvements on First Way required by the Planning Board or the Board of Selectmen to support affordable housing, such housing defined herein as that housing intended primarily for year-round residents earning up to 150% of median family income, as determined by the U.S. Department of Housing and Urban Development, and sponsored by a municipal entity, the Housing Authority or its designated nonprofit; housing required in connection with §139 11J (MCD); or housing on lots subject to a Nantucket Housing Needs Covenant. [Added 4-15-2003 ATM by Art. 71] (Grant Sanders, et al) Page 68 2008 Annual Town Meeting and Election Warrant ARTICLE 73 (Bylaw Amendment: Street Numbers, Regulating) Amend Chapter 126 of the Town Bylaws: Chapter 126 STREET NUMBERS, REGULATING 126-1. Street numbers required. Current: “ Every improved lot on a public or private way within the Town and County of Nantucket shall be provided by the owner and/or occupant with clear and legible street numbers no smaller than 2 ½ inches and in contrasting color placed in such a manner as to be clearly visible from such ways”. Amendment: Change as follows; “ Every building serving as a dwelling or place of business on a public way within the Town and County of Nantucket, shall be provided by the owner with clear and legible street numbers no smaller than 2 ½ inches in height, and in contrasting color placed in such a manner as to be clearly visible from such ways. Buildings setting more than 15 feet from a public way shall display numbers no smaller than 4 inches in height. Numbers shall be of contrasting color from their background, and placed in such a manner as to be visible from such ways”. 126-3. Display. Current: “All street numbers shall be affixed to or be displayed in a prominent position on the street side of the property. Improved lots erected or located in the Town and county must have street numbers affixed within six months of the date of adoption of this chapter and/or issuance of a building permit”. Amendment: ”All street numbers shall be affixed to or be displayed in a prominent position on the street side of the property. Buildings erected or located in the Town and County must have a street number affixed within six months of the date of the adoption of this chapter and/or issuance of a building permit. Buildings set back more than 50 feet from a public way shall display numbers no smaller than 4 inches in height at the intersection of the driveways and said public way. These numbers shall be displayed so as to be seen in both directions of vehicular traffic and shall be maintained unobstructed by plantings. Numbers as described in this chapter shall be displayed in addition to those described in chapter 126-1”. 126-4. Violations and penalties. Current: “Any person who willfully fails to comply with the provision of this chapter or who unlawfully removes, defaces or changes a number affixed to an improved lot under this chapter shall be punished by a fine of not more than $20 for each offense. Each day is a separate offense. This chapter shall be enforced by the Building Inspector or by such enforcement agent that the Board of Selectmen may designate”. Page 69 2008 Annual Town Meeting and Election Warrant Amendment: ”Any person who willfully fails to comply with the provision of this chapter or who unlawfully removes, defaces or changes a number affixed to an improved lot under this chapter shall be punished by a fine of not more than $50 for each offense. This chapter shall be enforced by the Building Inspector or by such enforcement agent that the Board of Selectmen may designate. (Francis Spriggs, et al) ARTICLE 74 (Bylaw Amendment: Motorized Passenger Devices) To see if the Town will vote to amend by-law §98-1 to read: No person shall operate a motorized scooter, motorized skateboard, Segway, or other similar device (hereinafter referred to as “personal motorized passenger devices”) on any Town-owned or controlled public way, sidewalk, park, playground or beach without the express written permission to do so from the Town official(s) or officer having jurisdication over the use of said Town property or their respective designee (hereinafter referred to as the “authorizing official”). The following vehicles shall be exempt from the provisions of this chapter. A. (Shall remain the same) B. (Shall remain the same) C. (Shall remain the same) D. (Shall remain the same) E. (Shall remain the same) F. (Shall remain the same) G. Segways; to the extent authorized by the Town of Nantucket. (Heather Peroni, et al) ARTICLE 75 (Bylaw Amendment: Wharves and Waterways) To see if the Town will vote to amend Chapter 137 (Wharves and Waterways) § 1, § 3 and § 5 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): § 137-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DIVER — Includes swimmers using fins and/or masks and/or snorkel tubes or self-contained underwater breathing devices and may include those diving without aids, where the circumstances are appropriate. Page 70 2008 Annual Town Meeting and Election Warrant GRAY WATER — In Nantucket waters as defined above, gray water is a vessel’s water/soap discharge, which is derived from galley, bath, showers, dishwashing and laundry equipment. HARBOR MASTER (MARINE SUPERINTENDENT) — Chief Harbor Master, duly empowered by the General Laws of the commonwealth. IMMEDIATE FAMILY — Parents, grandparents, children, sister, brother, and spouse. MOORING — Any space wherein a vessel is confined by wet slip, float, mooring, rack, sling, haul-out, trailer or other type of docking facility. NANTUCKET WATERWAYS or WATERWAYS — Includes all of the navigable waters within the boundaries of the Town, which shall include all harbors, rivers, bays or ponds, including waterways which, from time to time, may be temporarily nonnavigable by reason of low tides, drought or seasonal weather and water conditions. OFFICIAL WAITING LIST – The official list of names of mooring permit applicants managed by the Town and maintained in the office of the Harbor Master. PERSONS — Includes individuals, corporations, societies, associations, partnerships and trusts. RESCUE PERSONNEL — State and federal law enforcement officials, Nantucket Fire Department, Police Department, Marine and Coastal Resources Department personnel and Nantucket Sheriff's Department Dive Team members. TOWN — the Town and County of Nantucket, Massachusetts. § 137-3. Additional use regulations. A. The Board of Selectmen shall have the power to establish standard contracts and contract terms and fees for the rental of wharves, slips, docks and moorings., and any other administrative costs. § 137-5. Mooring permits. A. Permits for the use of mooring spaces shall be for a period of one year, or any fraction thereof, terminating on December 31 of each year, unless revoked by the Harbor Master for good cause, and shall be renewable annually for one year. Payment for mooring permits shall be made in full before the permit will be issued. B. In areas where no additional spaces are available, applicants therefor shall be placed on an continuing official waiting list maintained at the office of the Harbor Master and actively managed by the Town. The official waiting list shall be a public document and shall be posted conspicuously. The official waiting list shall include the names of all applicants for moorings in chronological order of application, regardless of the applicants' preferences for particular Page 71 2008 Annual Town Meeting and Election Warrant mooring locations. The person at the top of the official waiting list shall have priority to obtain the next available location, but may waive the right to the next available location if it is not in a place convenient for him or her without losing his or her place at the top of the waiting list. In the event of a waiver, the next person on the list shall be offered the location, and if that person waives the right to the location, the next successive person shall be offered the location, et cetera, until someone in succession on the list takes it the location and registers a mooring there. Notice to the person entitled to the next available mooring shall be in writing or by any reasonable method. The official waiting list as of January 8, 2008 shall serve as the initial reference document such that applicants listed thereon shall retain seniority unless and until such time any applicant request removal from said the list or declines to respond as necessary to the Town regarding remaining on the official waiting list. C. It shall be incumbent upon all applicants to ensure that the official waiting list contains any and all information necessary to enable the Harbor Master to immediately contact them should he deem appropriate. D. A fee set by the Board of Selectmen or its designee shall be payable at the time of application and annually by those applicants wishing to remain on the official waiting list. E. All boats 10 feet or under, without power, shall be exempt from this section. F. All dinghies not in use between October 15 and April 1 on property controlled by the Town, shall be removed to the owner's property. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 76 (Bylaw Amendment: Board of Sewer Commissioners) To see if the Town will amend Chapter (Board of Sewer Commissioners) Section 41-3A of the code of the Town of Nantucket Sewer District Map by adding the following parcels of land to the map. 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 78 Hummock 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 Page 72 2008 Annual Town Meeting and Election Warrant 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 (Martin McGowan, et al) ARTICLE 77 (Bylaw Amendment: Board of Sewer Commissioners) To see if the Town will vote to amend the Town of Nantucket Sewer District Map by including the following parcels within the Sewer District: (a) 22 Brewster Road ( aka Boston Ave) - Tax Map 54, Parcel 169.1; (b) 24 Brewster Road – Tax Map 54, Parcel 169.3; (c) 26 Brewster Road – Tax Map 54, Parcel 169.2; (Comment: These parcels abut a swampy area that flows to the harbor. Including them within the Sewer District will have a positive effect on Nantucket Harbor water quality.) (Deborah E. Nicholson, et al) ARTICLE 78 (Bylaw Amendment: Board of Sewer Commissioners) 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 by adding the following parcels to the Town Sewer District Map: Map and Parcel Address 41 480 21 Crooked Lane 41 336 and 336.1 20 Crooked Lane 41 337 106 West Chester Street 41 338 102 West Chester Street 41 339 98 West Chester Street 41 340 94 West Chester Street 41 533 90 West Chester Street 41 533.1 86 West Chester Street 41 343 84 West Chester Street 41 343.1 82 West Chester Street 41 210 121 West Chester Street 41 211 117 West Chester Street 41 806 109 West Chester Street 41 805 Street Address Unknown Page 73 2008 Annual Town Meeting and Election Warrant 41 93.1 95 West Chester Street 41 93.2 95R West Chester Street Lot 30, 31, 32 (Matthew J. Capozza, et al) ARTICLE 79 (Bylaw Amendment: Board of Sewer Commissioners) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), section 41-B (Siasconset Sewer District) of the Code of the Town of Nantucket Sewer District Map by adding the following parcel(s) to said map: SIASCONSET SEWER DISTRICT: Map/Parcel Address 74-37.5 25 Low Beach Road 74-37.4 27 Low Beach Road 74-37.3 29 Low Beach Road 74-37 3 Hawks Circle 74-37.6 5 Hawks Circle 74-37.7 7 Hawks Circle 74-37.2 8 Hawks Circle 74-37.1 9 Hawks Circle 73-49.2 12 Hawks Circle 73-49.1 13 Hawks Circle 73-49 14 Hawks Circle (Richard Glidden, et al) ARTICLE 80 (Charter Amendment: Town Administration) To see if the Town will vote to amend the Charter of the Town of Nantucket, Chapter 289 of the Acts of 1996, to provide that the Planning Director report directly to the Town Manager, as is the current practice with all other Town department heads. (Curtis Barnes, et al) ARTICLE 81 (Home Rule Petition: Establishing a Post-Employment Benefits Trust Fund in the Town of Nantucket) To see if the Town will vote to petition the General Court for the enactment of a Home Rule special act set forth below and to request the Town of Nantucket’s representatives to the Page 74 2008 Annual Town Meeting and Election Warrant 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, and to take other action related thereto. AN ACT ESTABLISHING A POST-EMPLOYMENT BENEFITS TRUST FUND IN THE TOWN OF NANTUCKET SECTION 1. As used in this act, the following words shall have the following meanings: “GASB 43 and 45”, Statements 43 and 45 of the Governmental Accounting Standards Board and its successors. “Other post-employment benefits” or “OPEB”, post-employment benefits other than pensions as that term is defined in GASB 43 and 45 including post-employment healthcare benefits, regardless of the type of plan that provide them, and all post-employment benefits provided separately from a pension plan, excluding benefits defined as termination offers and benefits. SECTION 2. (a) There shall be in the town of Nantucket an OPEB Trust Fund, which shall be under the supervision and management of the Nantucket Finance Director in consultation with the town administrator. The town treasurer shall be the custodian of the OPEB Trust Fund and may employ an outside custodial service. (b) Beginning in fiscal year 2009, the OPEB Trust Fund shall be credited with all amounts appropriated or otherwise made available by the town for the purposes of meeting the current and future OPEB costs payable by the town. The OPEB Trust Fund shall be credited with all amounts contributed or otherwise made available by employees of the town for the purpose of meeting future OPEB costs payable by the town. Amounts in the OPEB Trust Fund, including any earnings or interest accruing from the investment of these accounts, shall be expended only for the payment of the costs payable by the town for OPEB and for the costs of the actuarial study provided for in Section 3. Subject to the approval of the town administrator, the town treasurer shall invest and reinvest the amounts in the OPEB Trust Fund not needed for current disbursement consistent with the prudent investor rule. The OPEB Trust Fund shall be subject to the public employee retirement administration commission’s triennial audit. (c) The town treasurer may employ any qualified bank, trust company, corporation, firm or person to advise it on the investment of the fund and may pay from the OPEB Trust Fund for this advice and other services as determined by the town’s finance director in consultation with the town administrator. SECTION 3. (a) An actuary, who shall be a member of the American Academy of Actuaries, shall perform an actuarial evaluation of the town’s OPEB liabilities and funding as of January 1, 2008, and no less frequently than every second year thereafter. The determination shall be made in accordance with generally accepted actuarial standards and shall conform to the requirements of GASB 43 and 45 and the actuary shall make a report of the determinations to Page 75 2008 Annual Town Meeting and Election Warrant the town meeting. The report shall, without limitation, detail the demographic and economic actuarial assumptions used in making the determinations, and each report after the first report shall also include an explanation of the changes, if any, in the demographic and economic actuarial assumptions employed and the reasons for the changes. (b) Beginning in fiscal year 2009, payments for the purposes of meeting the town’s costs of OPEB under this act shall be made from the OPEB Trust Fund. Funds in the OPEB Trust Fund shall be segregated from other funds. Disbursements from the OPEB Trust Fund including earnings or interest accruing from the investment of the amounts may only be made based on Section 1 to 3, inclusive. SECTION 4. The act shall take effect upon its passage. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 82 (Home Rule Petition: Community Housing Bank) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below 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, such legislation to read substantially as follows: AN ACT ESTABLISHING A NANTUCKET COMMUNITY HOUSING BANK SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the following meanings: "Community Housing", rental and home ownership housing units for use by those residents of Nantucket earning 150 per cent or less of the median household income for Nantucket county, as calculated and adjusted for household size annually by the federal Department of Housing and Urban Development (HUD); this percentage of median income, should economic conditions warrant a change, can be adjusted by a majority vote of the housing bank commission. "Eligible Applicants", non-profit and for-profit corporations and organizations, individuals, and public entities. "Housing Bank", the Nantucket Community Housing Bank, established by section 2. "Housing Bank Commission", the Nantucket Community Housing Bank Commission, established by section 3. Page 76 2008 Annual Town Meeting and Election Warrant "Legal representative", with respect to any person, shall mean any other person acting under a written power-of-attorney executed by that person, but any affidavit attesting to the true and complete purchase price of real property, submitted to the housing bank commission under section 9, may also be signed on behalf of that person by an attorney admitted to practice in the commonwealth. "Purchaser", the transferee, grantee or recipient of any real property interest. "Purchase price", all consideration paid or transferred by or on behalf of a purchaser to a seller or a seller's nominee, or for the seller's benefit, for the transfer of any real property interest, including, but not limited to, all cash or other property paid or transferred by or on behalf of the purchaser to discharge or reduce any obligation of the seller; the principal amount of all notes or their equivalent, or other deferred payments, given or promised to be given by or on behalf of the purchaser to the seller or the seller's nominee; the outstanding balance of all obligations of the seller which are assumed by the purchaser or to which the real property interest transferred remains subject after the transfer, determined at the time of transfer but excluding real estate taxes or other municipal liens or assessments which are not overdue at the time of the transfer; and the fair market value at the time of transfer of any other consideration or thing of value paid or transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or services paid, transferred or rendered in exchange for the real property interest. "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. "Seller", the transferor, grantor or immediate former owner of any real property interest. "Time of transfer", of any real property interest shall mean, the time that the transfer is legally effective between the parties to the transfer, and, with respect to a transfer evidenced by an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder of the appropriate registry district, not later than the time of the recording or filing. SECTION 2. There shall be a Nantucket Community Housing Bank, to be administered by a housing bank commission established by section 3, for the purpose of providing funding for community housing as set forth in section 5. The Housing Bank shall be a body politic and corporate and a public instrumentality, and the exercise of the powers conferred upon the Page 77 2008 Annual Town Meeting and Election Warrant Housing Bank by this act shall be considered to be the performance of an essential governmental function. SECTION 3. (a) The Nantucket Community Housing Bank shall be administered by a housing bank commission consisting of five (5) members who are legal residents of Nantucket, each person to be elected to a three (3) year term, in the same manner as other elected town officials. The Nantucket board of selectmen shall appoint the initial five members to serve from the effective date of this act until the first elections of the regular members at the town's regular or special town election after the effective date of this act. The initial terms, which will be drawn by lot by the initial five appointed members, shall be staggered so that two members are elected each year, and in the third year, one member elected, such elections following the initial election. (b) Vacancies: Should a vacancy occur during the term of any elected town member, the housing bank commission and the board of selectmen shall jointly appoint an interim member to serve until the next scheduled town election. (c) Administration: Members shall serve without compensation. The initial appointed members shall adopt temporary rules and regulations to the extent necessary to conduct business until the regular members are elected. The housing bank commissions shall elect a chairman and a vice chairman from among their regular members and shall elect a secretary and a treasurer who may be the same person, and who need not be members of the housing bank commission. The members of the housing bank commissions shall adopt, after holding a public hearing, rules and regulations for conducting its internal affairs and procedural guidelines for carrying out its responsibilities under this act. (d) Quorum: A quorum for the Nantucket Community Housing Bank Commission shall be three or more members. Decisions of the Housing Bank Commission shall be by majority vote at a meeting where a quorum is present. The Housing Bank Commission may make rules regarding attendance. The Housing Bank Commission shall keep accurate records of its meetings and actions and shall file annual reports that shall be distributed with the annual report of the Town of Nantucket. The Housing Bank Commission shall be classified as a municipal agency for purposes of chapter 268A of the General Laws, and be subject to the open meeting law (chapter 39, sections 23A, 23B and 23C of the General Laws). SECTION 4A. The housing bank commission shall (a) provide funding as has been first approved by an annual or special town meeting of the town of Nantucket, in the form of grants, loans, loan guarantees, lines of credit, interest subsidies, rental assistance or any other means determined to further the goals of the housing bank for eligible community housing activities under section 5, (b) accept gifts of funds to further the purposes of the housing bank; (c) prepare an annual budget, provided however no more than 5% of all funds received by the housing bank during any fiscal year may be spent for administration purposes without approval by an annual or special town meeting of the town of Nantucket, (d) hire staff and obtain professional services that are necessary in order to perform its duties; (e) adopt regulations and procedures that it considers necessary or appropriate, subject to this act, regarding the use and investment of its funds and the keeping of records and accounts; (f) adopt procedures in the form of rules and regulations that it considers necessary or appropriate setting forth its programmatic goals, policies and recommendations to serve as standards for decisions to provide funding for programs under section 5, provided however, such procedures shall not Page 78 2008 Annual Town Meeting and Election Warrant take effect until approved by an annual or special town meeting of the town of Nantucket; and (g) enter into and enforce contracts that it considers necessary to achieve the goals of this legislation. SECTION 4B. The Town of Nantucket may appropriate money to be deposited in the Nantucket Housing Fund as provided in said section 7A. The Town of Nantucket is hereby further authorized to provide funds to repay any notes or bonds of the town issued pursuant to this section and, when authorized by a two thirds vote of town meeting as defined in G.L. Chapter 44. section. 1, to incur debt of the town for such purposes in accordance with the provisions of G. L. Chapter 44, section 7(3). SECTION 4C. The housing bank may issue bonds and notes to further the purposes of the housing bank but only if the issuance of these bonds or notes has been approved by a two thirds majority vote at a Nantucket town meeting. The proceeds of such bonds or notes may be used to pay, in whole or in part, for the purposes set forth in section 4A of this act, reserves for debt service and other expenses, to pay consulting appraisal advisory and legal fees and costs incidental to the issuance and sale of such bonds and notes, to purchase, refund or renew bonds or notes previously issued and to pay an other costs and expenses of the housings bank commission necessary for the accomplishment of its purposes. Bonds or notes issued pursuant to this act shall be authorized by the commission which shall have full power and authority to determine the amount, form, terms, conditions, provisions for payment of interest and all other details thereof and to provide for the sale and issuance at such price and in such manner as the Commission shall determine subject only to any limitation set forth in this Act. Unless the town of Nantucket shall have authorized by two-thirds vote of a town meeting the pledging of the full faith and credit of the town or county of Nantucket to secure an issue of bonds or notes of the housing bank, all bonds or notes issued hereunder shall be payable solely from the fees and other revenues of the housing bank pledged to their payment and shall not be deemed a pledge of the full faith and credit of the Town or County of Nantucket, the Commonwealth of Massachusetts or any political subdivision thereof. The Housing Bank Commission may enter into any agreements, including without limitation a loan agreement and a trust agreement, necessary to effectuate and to secure any bonds or notes issued by the housing bank. Such agreements may pledge or assign, in whole or in part, the revenues and other money held or to be received by the housing bank. Such agreements may contain such provisions for protecting and enforcing the rights, security and remedies of the holders of such bonds or notes, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities and covenants setting forth the duties of, and limitations on, the housing bank in relation to the custody, safeguarding, investment and application of money, the issuance of additional debt obligations, the use of any surplus proceeds of the borrowing, including any investment earnings thereon, and establishment of special funds and reserves. The pledge of any such agreement shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code from the time when the pledge is made; the revenues, money, rights and proceeds so pledged and then held or thereafter acquired or received by the housing bank shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act; and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, Page 79 2008 Annual Town Meeting and Election Warrant contract or otherwise against the town or county, irrespective of whether such parties have notice thereof. No document by which a pledge is created need be filed or recorded except in the records of the housing bank and no filing need be made under the Uniform Commercial Code. The trustee with respect to any such trust agreement entered into pursuant to this section shall be a trust company or a bank having the powers of a trust company within the commonwealth. Any such trust agreement may provide that any money received thereunder may be held, deposited or invested by the trustee, notwithstanding the provisions of section 7A pending the disbursement thereof, in any deposits or investments which are lawful for the funds of savings banks and shall provide that any officer with whom or any bank or trust company with which such money shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof and thereof, subject to such regulation or limitation as this act or such trust agreement may provide. It shall be lawful for any bank or trust company within the Commonwealth to act as depository of the proceeds of bonds or notes, revenues or other money hereunder and to furnish such indemnifying bonds or to pledge such security, if any, as may be required by the Commission. Any trust agreement entered into pursuant to this section may set forth the rights and remedies of the holders of any bonds or notes and of the trustee and may restrict the individual rights of action by any such holders. In addition to the foregoing, any such trust agreement may contain such other provisions as the Commission may deem reasonable and proper. All expenses incurred in carrying out the provisions of such trust agreement may be treated as part of the cost of operation of the housing bank and paid from the revenues or other funds pledged or assigned to the payment of the principal of and the premium, if any, and interest on the bonds or notes or from any other funds available to the housing bank. In addition to other security provided herein or otherwise by law, bonds or notes issued under this section may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued to the housing bank by any bank, trust company or other financial institution, within or without the Commonwealth, and the housing bank may pledge or assign any of its revenues as security for the reimbursement by the housing bank to the issuers of such letters or lines of credit, insurance or credit facilities of any payments made thereunder. SECTION 4D. If at any time any principal or interest is due or about to come due on any bonds or notes of the housing bank to secure which the full faith and credit of the town of Nantucket or Nantucket county shall have been pledged and funds to pay the same are not available, the Commission shall certify to the town treasurer and selectmen of the town or to the county treasurer and county commissioners of the county, as appropriate, the amount required to meet such obligations and the town treasurer or the county treasurer shall thereupon pay over to the housing bank the amount so certified from any funds in the treasury. For the purpose of providing or restoring to the treasury the sums so paid over to the housing bank, the town treasurer, with the approval of the selectmen, is authorized to incur debt outside the town's debt limit and issue notes therefore for a period not exceeding two years and to renew or refund the same from time to time until the town shall have received from the housing bank sufficient funds to repay such notes and the interest thereon in full. Whenever the town or the county shall have been required to pay over any sums of money to the housing bank under this section, the housing bank shall be precluded from issuing any grants or purchasing, constructing or making improvements to land or housing, or issuing any of its bonds or notes Page 80 2008 Annual Town Meeting and Election Warrant for purposes other than repaying the town, until the housing bank shall have repaid the town in full for all sums paid to the housing bank hereunder, including interest on any notes issued for such purpose, unless the town shall have appropriated sufficient funds for such purpose at a town meeting. SECTION 4E. Bonds and notes issued under the provisions of this act are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds and notes are hereby made securities that may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or obligations of the Commonwealth is now or may hereafter be authorized by law. SECTION 4F. Notwithstanding any of the provisions of this act or any recitals in any bonds or notes issued under this act, all such bonds and notes shall be deemed to be investment securities under the Uniform Commercial Code. SECTION 4G. The Housing Bank's revenues and income will be used solely for the furtherance of its public purposes and shall be exempt from taxation. The Housing Bank and all its revenues, income and real and personal property used solely by the Housing Bank in furtherance of its public purposes from the date of acquisition thereof, shall be exempt from taxation and from betterments and special assessments and the Housing Bank shall not be required to pay any tax, excise or assessment to or for the Commonwealth or any of its political subdivisions. Bonds and notes issued by the Housing Bank, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation within the Commonwealth. SECTION 4H. With authorization of an annual or special town meeting of the town of Nantucket as provided for in section 4C of this Act, bonds and notes may be issued under this act without obtaining the consent of any department, division, commission, board, bureau or agency of the town or county of Nantucket, except that the full faith and credit of the town or county of Nantucket shall not be pledged for the payment of such bonds or notes unless such pledge shall have been authorized by a two-thirds vote as provided in this Act, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required therefore by this act. The validity of and security for any bonds and notes issued by the housing bank shall not be affected by the existence or nonexistence of any such consent or other proceedings, conditions or things. SECTION 5. The Nantucket Community Housing Bank shall be a funding agency only, but may acquire by purchase, lease or gift offices for its operation, and may enter into leasebacks, mortgages or other loans for this purpose. Upon receiving applications from eligible applicants in a competitive process which will include public notice of funding availability, and in a form prescribed by the commission, and upon compliance with the provisions of section 4A of this Page 81 2008 Annual Town Meeting and Election Warrant Act, the housing bank will provide funding for eligible community housing activities as defined below, while respecting special Nantucket habitats and rural character. The housing bank shall, wherever possible, give preference to (a) the reuse of existing buildings, and (b) construction of new buildings on previously developed sites. Eligible community housing activities for receipt of funding shall include, but not be limited to, the following: (a) Purchase and rehabilitation of existing structures for rental or home ownership; (b) Construction of rental or home ownership housing and necessary on-site or off site infrastructure, including mixed use development; (c) Purchase of land, and any and all improvements including easements; (d) Down payment assistance, grants and soft second loans; (e) Rental assistance programs; (f) Modernization and capital improvements of existing rental and ownership housing; (g) Creation of apartments and other ancillary housing; (h) Housing counseling, predevelopment costs and technical assistance associated with creating community housing projects and programs; and (i) Mixed -use development projects. SECTION 6. All housing units created by funding from a housing bank under this act shall be deed restricted in perpetuity for use as community housing as defined in section 1 of this act, except in cases when the housing bank commission determines that a deed restriction is not feasible, and except in cases when the housing bank commission makes a finding that such a deed restriction would delay, prevent or otherwise defeat the purpose of developing and making available to the public Community Housing. SECTION 7A. The Housing Bank Commission shall meet its financial obligations by drawing upon a fund to be set up as a revolving or sinking account of the housing bank commission in the treasury of the Town of Nantucket. Deposits into the Nantucket Housing Fund shall include (a) funds appropriated, borrowed or transferred to be deposited into the fund by vote of the county commissioners of Nantucket county or of the town meeting; (b) voluntary contributions of money and other liquid assets to the fund; and (c) revenues from fees imposed upon the transfer of real property interests under section 9 occurring on Nantucket after the effective date of this act as set forth in section 15. Grants or gifts of money or other assets to the housing bank shall be subject to any restrictions or limitations imposed by the grantor or donor. All expenses lawfully incurred by the Housing Bank Commission in carrying out this act shall be evidenced by proper vouchers and shall be paid by the treasurer of the town of Nantucket only upon submission of warrants duly approved by the housing bank commission. The housing bank commission treasurer shall prudently invest available assets of the fund under the regulations and procedures adopted by the housing bank commission under clause (f) of section 4A, and all income from investments shall accrue to the fund. SECTION 7B. The Housing Bank Commission is authorized to enter into one or more agreements with the Nantucket Land Bank Commission established by chapter 669 as amended of the acts and resolves of 1983 by which agreements the housing bank may delegate to the Nantucket Land Bank Commission the administration and management of collection of the fee described in section 9 of this act, including but not limited to the record Page 82 2008 Annual Town Meeting and Election Warrant keeping duties pursuant to section 8 of this act, the receipt of money pursuant to section 9 of this act, the processing of applications for exemptions pursuant to section 11 of this act or processing applications for refunds pursuant to section 10 of this act, the imposition of interest or penalties pursuant to section 12 of this act, and the sending of notices and conduct of hearings pursuant to section 13 of this act, and provide for compensation or reimbursement of costs incurred by such Nantucket Land Bank Commission from funds so collected. SECTION 8. The housing bank commission shall keep a full and accurate account of its actions including a record of when, from or to whom, and on what account money has been paid or received under this act. These records shall be subject to examination by the director of accounts or the director's agent under section 45 of chapter 35 of the General Laws. There shall be an annual audit conducted by a duly recognized accounting firm, and a copy of that audit shall be distributed to the Board of Selectmen of the Town of Nantucket. However, schedules of beneficiaries of trusts, lists of stockholders of corporations, lists of partners, partnership agreements, tax returns, and other materials deemed by the Commission to be private to a particular entity or individual, which are filed with the Commission for the purposes of determining or fixing the amount of fee imposed by this Act for any transfer or for the purpose of determining the existence of any exemption pursuant to this act shall not be public records for the purposes of section 10 of chapter 66 of the General Laws. SECTION 9. There is hereby imposed a fee equal to one per cent of the purchase price upon the transfer of any interest in real property located within the Town of Nantucket. The fee shall be the liability of the seller of the real property interest, and any agreement between the purchaser and the seller or any other person with reference to the allocation of the responsibility for bearing this fee shall not affect the liability of the seller. This fee shall be paid to the Nantucket Community Housing Bank Commission or its designee. Fees shall be accompanied by a copy of the deed or other instrument evidencing the transfer, if any, and an affidavit signed under oath or under the pains and penalties of perjury by the seller or the seller's legal representative, attesting to the true and complete purchase price and the basis, if any, upon which the transfer is claimed to be exempt in whole or in part from the fee imposed. The Housing Bank Commission, or its designee, shall promptly execute and issue a certificate stating that the appropriate fee has been paid or that the transfer is exempt from the fee and stating the basis for the exemption. The register of deeds for Nantucket county, and the assistant recorder for the registry district of Nantucket county, shall not record or register, or receive or accept for recording or registration, any deed, except a mortgage deed, for any real property interest located in Nantucket unless this certificate is attached. Failure to comply with this requirement shall not affect the validity of any instrument. The Housing Bank commission shall deposit all fees received under this section with its treasurer as part of the fund established by section 7A. The fee imposed under this section shall be due at the time of transfer of the real property interest. SECTION 10. At any time within seven days after the issuance of the certificate of payment of the fee imposed by section 9, the seller or the seller's legal representative may return the certificate to the Housing Bank Commission or its designee for cancellation, together with an affidavit signed under oath or under the pains and penalties of perjury that the transfer has not Page 83 2008 Annual Town Meeting and Election Warrant been consummated. After receiving this certificate and affidavit, the housing bank commission shall in due course return the fee to the seller or the seller's legal representative. SECTION 11. The following transfers of real property interests shall be exempt from the fee established by section 9. Except as otherwise provided, the seller shall have the burden of proof that any transfer is exempt under this section and any otherwise exempt transfer shall not be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by Section 9. (-a-) Transfers to the government of the United States , the commonwealth, and any of their instrumentalities, agencies or subdivisions, including but not limited to transfers to the Town of Nantucket, the County of Nantucket, and/or the Nantucket Land Bank Commission established pursuant to chapter 669 of the Acts of 1983 as amended or the Housing Bank established by this Act. (-b-) Transfers which, without additional consideration, confirm, correct, modify or supplement a transfer previously made. (-c-) Transfers made as gifts without consideration. In any proceeds to determine the amount of any fee due hereunder, it shall be presumed that any transfer for consideration of less than fair market value of the real property interests transferred was made as a gift without consideration to the extent of the difference between the fair market value of the real property interests transferred and the amount of consideration claimed by the seller to have been paid or transferred, if the purchaser shall have been at the time of transfer the spouse, the lineal descendant, or the lineal ancestor of the seller, by blood or adoption, and otherwise it shall be presumed that consideration was paid in an amount equal to the fair market value of the real property interests transferred, at the time of transfer. (-d-) Transfer to the trustees of a trust in exchange for a beneficial interest received by the seller in such trust; distributions by the trustees of a trust to the beneficiaries of such trust. (-e-) Transfers by operation of law without actual consideration, including but not limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property interest. (-f-) Transfers made in partition of land and improvements thereto, under chapter two hundred and forty-one of the General Laws. (-g-) Transfers to any charitable organization as defined in clause Third of section five of chapter fifty-nine of the General Laws, or any religious organization, provided that the real property interests so transferred will be held by the charitable or religious organization solely for its public charitable or religious purposes. (-h-) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and transfers of the property subject to a mortgage to the mortgagee in consideration of the forbearance of the mortgagee from foreclosing said mortgage. (-i-) Transfers made to a corporation or partnership or limited liability company at the time of its formation, pursuant to which transfer no gain or loss is recognized under the provisions of section three hundred and fifty-one or seven hundred and twenty-one of the Internal Revenue Code of 1986, as amended; provided, however, that such transfer shall be exempt only in the event that (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. Page 84 2008 Annual Town Meeting and Election Warrant (-j-) Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property received) which is the same fraction of the total property of the transferor corporation as the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives property (including real property interests and other property received) which is the same fraction of the property of the partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the transferee. (-k-) Transfers consisting of the division of marital assets under the provisions of section thirty- four of chapter two hundred and eight of the General Laws or other provisions of law. (-l-) Transfers of property consisting in part of real property interests situated in Nantucket County and in part of other property interests, to the extent that the property transferred consists of property other than real property situated in Nantucket county; provided that the purchaser shall furnish the Commission with such information as it shall require or request in support of the claim of exemption and manner of allocation of the consideration for such transfers. (-m-) The first $2 million of the sale price of any transfer or series of transfers of real property interests in a single parcel. Said exemption may be adjusted for inflation as determined tri- annually by vote of the majority of the Nantucket Community Housing Bank commission. For purposes of this subsection, "inflation" shall mean the increases, if any, in the total of prices paid for real property transfers year to year for real property within the Town of Nantucket. (-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability companies which are publicly traded, which trades are not part of a series of transfers which together constitute a transfer of control of a corporation, trust, partnership or limited liability company. SECTION 11A. To be consistent with the Nantucket Community Housing Bank Act, 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 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 Page 85 2008 Annual Town Meeting and Election Warrant 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 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. Page 86 2008 Annual Town Meeting and Election Warrant SECTION 12. A seller who fails to pay all or any portion of the fee established by section 9 on or before the time when the fee is due shall be liable for the following additional payments in addition to the fee: (a) Interest. The seller shall pay interest on the unpaid amount of the fee to be calculated from the time of transfer at a rate equal to prime rate at the time of transfer plus 1 per cent per annum, adjusted each year in accordance with changes in prime rate. (b) Penalties. Any person who, without fraud or willful intent to defeat or evade a fee imposed by section 9, fails to pay all or a portion of the fee within 30 days after the time of transfer, shall pay a penalty equal to five per cent of the outstanding fee as determined by the housing bank commission for each month or portion of a month that the fee is not paid in full, but in no event shall the amount of any penalty imposed under this paragraph exceed 25 per cent of the unpaid fee due at the time of transfer. Whenever the housing bank commission determines that all or a portion of a fee due under section 9 was unpaid due to fraud with intent to defeat or evade the fee, a penalty equal to the amount of the fee as determined by the housing bank commission shall be paid by the seller in addition to the fee. SECTION 13A. (a) The Housing Bank Commission shall notify a seller by registered or certified mail of any failure to discharge in full the amount of the fee due under section 9 and any penalty or interest assessed. The Housing Bank Commission shall grant a hearing on the matter of the imposition of the fee, or of any interest or penalty assessed, if a petition requesting a hearing is received by the Housing Bank Commission within 30 days after the mailing of the notice. If the Commission has determined that a fee is due by asserting the application of the evasion of fee doctrine described in section 11 of this Act, then the seller shall have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the transaction possessed both: (i) a valid, good faith business purposes other than avoidance of the fee set forth in section 9 of this Act and (ii) economic substance apart from the asserted fee avoidance benefit. In all such cases the seller 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 9 to be thereby avoided. The Housing Bank Commission shall notify the seller in writing by registered or certified mail of its determination concerning the deficiency, penalty or interest within 15 days after the hearing. Any party aggrieved by a determination of the Housing Bank Commission concerning a deficiency, penalty or interest may, after payment of the deficiency, appeal to the district or superior court within 3 months after the mailing of notification by the Housing Bank Commission. Upon the failure to timely petition for a hearing, or appeal to the court, within the time limits established in this paragraph, the seller shall be bound by the terms of the notification, assessment or determination, and shall be barred from contesting the fee or any interest and penalty, as determined by the Housing Bank Commission. All decisions of these courts shall be subject to appeal. Every notice to be given under this section by the Housing Bank Commission shall be effective if mailed by certified or registered mail to the seller at any available legal address of the seller, or at the address stated in a recorded or registered instrument by virtue of which the seller holds any real property interest, the transfer of which gives rise to the fee which is the subject of the notice; and, if no address is stated or if the transfer is not evidenced by an instrument recorded or registered in the public records of Page 87 2008 Annual Town Meeting and Election Warrant Nantucket County, the notice shall be effective when mailed to the seller in care of any person appearing of record to have had a fee interest in the land at the time of the transfer, at the address of that person as set forth in an instrument recorded or registered in Nantucket County. (b) All fees, penalties and interest required to be paid under this act shall constitute a personal debt of the seller and may be recovered in an action of contract or in any other appropriate action, suit or proceeding brought by the housing bank commission subject to chapter 260 of the General Laws. (c) Sellers applying for an exemption under subsections (a) through (n) of section eleven shall be required at the time of application for exemption to execute an agreement legally binding on sellers and separately legally binding upon any Legal Representative of the sellers (1) assuming complete liability for any fee, plus interest and penalties if any, waived on account of an allowed exemption subsequently determined to have been invalid, and (2) submitting to the jurisdiction of the trial court of the commonwealth sitting in Nantucket County. Fees, plus interest and penalties if any, shall be calculated as of the date of the initial property transfer. Execution of the above-described agreement shall not be required of any mortgagee, pledge, purchaser or judgment creditor unless notice of the agreement has been recorded or filed by the Housing Bank Commission. The Housing Bank Commission, without waiving any of its rights, may direct a civil action to be filed in the appropriate district or superior court division of the department of the trial court sitting in the Nantucket county to enforce the agreement of the housing bank commission under this section with respect to this liability or to subject any property of the delinquent seller, or in which the delinquent seller has any legal or beneficial right, title or interest, to the payment of this liability. The Housing Bank Commission may issue a waiver or release of any agreement imposed by this section. Such waiver or release shall be conclusive evidence that the agreement is extinguished. SECTION 13B. This act, being necessary for the welfare of the town and county of Nantucket and its inhabitants, shall be liberally construed to effect its purposes. SECTION 14. Any time after five years from the effective date of this act, the town may dissolve the housing bank by vote of the majority of the town members at town meeting, but the fee imposed by section 9 shall continue to be imposed until all funding commitments, including repayment of any bonds or notes, have been paid in full, and the Nantucket housing bank shall continue in existence during this time for the sole purpose of collecting and administering these fees. Upon dissolution of the Nantucket housing bank, title to all funds and other properties held by the housing bank shall vest in the town of Nantucket after provision is made for payment of all bonds, notes and other obligations of the housing bank. The Nantucket housing bank commission shall not submit an amendment of this act to the general court unless the amendment has been approved by the affirmative vote of a majority of the voters at a town meeting. SECTION 15. Acceptance of this act shall be by the affirmative vote of a majority of the voters at any regular or special town election, or a state election, at which the question of acceptance Page 88 2008 Annual Town Meeting and Election Warrant has been placed on the ballot. This act shall become effective on the date on which acceptance by the town has been effected. Or, to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 22 of the October 23, 2006 Special Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. ARTICLE 83 (Home Rule Petition: Sewer Act) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below 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, such legislation to read substantially as follows: AN ACT ESTABLISHING THE 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 Page 89 2008 Annual Town Meeting and Election Warrant 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 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 Page 90 2008 Annual Town Meeting and Election Warrant 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 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 Page 91 2008 Annual Town Meeting and Election Warrant 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 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. Or, to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 60 of the 2007 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. Page 92 2008 Annual Town Meeting and Election Warrant ARTICLE 84 (Home Rule Petition: 1975 Roads) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below 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, such legislation to read substantially as follows: AN ACT AMENDING CHAPTER 434 OF THE ACTS OF 1975 REGARDING ROADS ON NANTUCKET SECTION 1: The existing text of Chapter 434 of the Acts of 1975 allowing for the validity of the laying out, alteration, relocation, discontinuance, or acceptance of certain ways despite any failure to comply with final recording requirements as provided in Chapter 82 of the General Laws, is hereby amended inserting the words “Section One” in front thereof; SECTION 2: There is hereby added a new section 2 to Chapter 434 of the Acts of 1975 that reads as follows: The ways listed in Section 1 are to be deemed to include the entire width of the layout as approved by the Board of Selectmen and voted by the Town on Nantucket in Article 17 (“Article”) of the Annual Town Meeting in the year 1975 and any reference therein to “Paved Sections” for those ways listed below is now established to be only for the purpose of identifying the length of those ways, as each existed in 1975, which were to have the benefit of Chapter 434 to correct any failure to comply with final recording requirements. In the event the Paved Sections of those ways differed in width from the layout plans of record at that time, the Article and Chapter 434, are deemed not to alter any street layout as to width. If a Paved Section, as each existed in 1975, was not paved to the full width of the corresponding dimensional plan of record laying out said street, the Article and Chapter 434 are deemed not to exclude the unpaved shoulders of that way, if such were included in the corresponding layout plan. The term “Paved Sections” in the Article was used only to identify the length of the street subject to Chapter 434. “Paved Sections” of the following ways: Bartlett Road; Beach Walk; Cambridge Street (North of Madaket Road); Cato Lane; Coffin Way; Cornish Street; Eel Point Road; Henry Street; James Street: Johnson Street; Low Beach Road; Macy Lane; Somerset Road; Vestal Street Extension; Washington Avenue; Washington Street Extension; Wesco Place (plus 40). SECTION 3: This act to take effect upon passage. Or, to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 67 of the 2006 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. Page 93 2008 Annual Town Meeting and Election Warrant ARTICLE 85 (Home Rule Petition: Real Estate Conveyance by County) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below 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, such legislation to read substantially as follows: 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: (1) 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 (2) 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. Or, to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 64 of the 2007 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. ARTICLE 86 (Home Rule Petition: Nantucket Islands Land Bank Act Amendment) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the Page 94 2008 Annual Town Meeting and Election Warrant language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO FURTHER CLARIFY THE NANTUCKET ISLANDS LAND BANKACT REGARDING REAL PROPERTY INTERESTS SUBJECT TO THE LAND BANK ACT'S TRANSFER FEE SECTION 1. 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 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. Page 95 2008 Annual Town Meeting and Election Warrant (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 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) NOTE: The above home rule petition was approved as Article 61 of the 2007 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. Page 96 2008 Annual Town Meeting and Election Warrant ARTICLE 87 (Home Rule Petition – 7 Miacomet Road) 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 the Town of 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. AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE 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 that certain property being part of the parcel of land identified as Town of Nantucket Assessor Map 67, Parcel 345, addressed 7 Miacomet Road and shown as “Lot A 20,806 s.f.” on that certain plan entitled “Exhibit A Plan in Nantucket, Mass., Prepared for Town of Nantucket” and dated January 18, 2008, or any portion thereof. Section 2. This act shall take effect upon its passage. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 88 (Acceptance of MGL Regarding Military Pay/Town Pay) To see if the Town will vote to accept the provisions of c. 77 of the Acts of 2005, which provides as set forth below: “An employee eligible under this section shall be paid his regular base salary as a public employee for each pay period of military leave of absence after September 11, 2001, reduced by any amount received from the United States as base pay for military service performed during the same pay period. For purposes of this section, base pay shall not include any allowances, overtime pay, shift differential pay, hazardous duty pay or any other additional compensation received for military service.” Or, to take any other action related thereto. (Board of Selectmen) Page 97 2008 Annual Town Meeting and Election Warrant ARTICLE 89 (Acceptance of MGL Regarding Attendance of Municipal Board Members) To see if the Town will vote to accept the provisions of c. 39, s. 23D(a) of the General Laws, which provides as set forth below: “Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.” Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 90 (Acceptance of MGL Regarding “Streamlined Permitting”) To see if the Town will vote to accept the provisions of c. 43D of the General Laws, as amended pursuant to s. 11 of c. 205 of the Acts of 2006; and, to approve the filing of an application with the Interagency Permitting Board for the designation of land at “Proposed Downtown Redevelopment Sites” as a Priority Development Site and consisting of the following parcels: Map Lot Number Street 42.3.1 37 10 New Whale Street 42.3.1 91 5 Candle Street 42.3.1 92 1 Candle Street 42.3.1 230 6 Commercial Street 42.3.1 142 10 Washington Street 42.3.1 143 12 Washington Street 42.3.1 87 2 New Whale Street 42.3.1 88 4 New Whale Street 42.3.1 89 9 Salem Street 42.3.1 90 8 New Whale Street 42.3.1 140 15 Candle Street 42.3.1 141 7 Salem Street 42.3.1 228 Straight Wharf 42.3.1 229 9 Salem Street 42.3.1 11.1 17 S. Water Street Page 98 2008 Annual Town Meeting and Election Warrant Map Lot Number Street 42.3.1 11.2 18 Easy Street All as shown on a map entitled “Warrant Article 90: Priority Development Site – Proposed Downtown Redevelopment Sites” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 91 (Acceptance of MGL Regarding “Streamlined Permitting”) To see if the Town will vote to accept the provisions of c. 43D of the General Laws, as amended pursuant to s. 11 of c. 205 of the Acts of 2006; and, to approve the filing of an application with the Interagency Permitting Board for the designation of land at “2 Fairgrounds Road Property” as a Priority Development Site and consisting of the following parcels: Map Lot Number Street 55 906 Fairgrounds Road 67 40 2 Fairgrounds Road 67 700 2 Ticcoma Way 67 701 4 Ticcoma Way 67 702 6 Ticcoma Way 67 703 8 Ticcoma Way 67 704 10 Ticcoma Way 67 705 12 Ticcoma Way 67 706 14 Ticcoma Way 67 707 16 Ticcoma Way 67 708 18 Ticcoma Way 67 709 1 Waitt Drive 67 710 16 Vincent Circle 67 711 14 Vincent Circle 67 712 12 Vincent Circle 67 713 10 Vincent Circle 67 714 8 Vincent Circle 67 715 6 Vincent Circle 67 716 4 Vincent Circle 67 717 2 Vincent Circle 67 718 3 Waitt Drive Page 99 2008 Annual Town Meeting and Election Warrant Map Lot Number Street 67 719 5 Waitt Drive 67 720 7 Waitt Drive 67 721 9 Waitt Drive 67 722 11 Waitt Drive 67 723 13 Waitt Drive 67 724 15 Waitt Drive 67 725 18 Waitt Drive 67 726 1 Vincent Circle 67 727 10 Waitt Drive 67 728 3 Vincent Circle 67 729 12 Waitt Drive 67 730 5 Vincent Circle 67 731 14 Waitt Drive 67 732 7 Vincent Circle 67 733 16 Waitt Drive 67 734 9 Vincent Circle 67 735 18 Waitt Drive 67 736 11 Vincent Circle 67 737 20 Waitt Drive 67 738 13 Vincent Circle 67 739 22 Waitt Drive 67 740 15 Vincent Circle 67 741 31 Waitt Drive 67 742 29 Waitt Drive 67 743 27 Waitt Drive 67 744 25 Waitt Drive 67 745 23 Waitt Drive 67 746 21 Waitt Drive 67 747 19 Waitt Drive 67 748 17 Pine Lands Drive 67 749 19 Pine Lands Drive 67 750 23 Pine Lands Drive 67 751 25 Pine Lands Drive 67 752 3 Pine Lands Drive 67 753 5 Pine Lands Drive 67 754 9 Pine Lands Drive 67 755 13 Pine Lands Drive Page 100 2008 Annual Town Meeting and Election Warrant All as shown on a map entitled “Warrant Article 91: Priority Development Site – 2 Fairgrounds Road Property” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 92 (Acceptance of MGL Regarding “Streamlined Permitting”) To see if the Town will vote to accept the provisions of c. 43D of the General Laws, as amended pursuant to s. 11 of c. 205 of the Acts of 2006; and, to approve the filing of an application with the Interagency Permitting Board for the designation of land at “Proposed Industrial Development Area – Bunker Road” as a Priority Development Site and consisting of the following parcels: Map Lot Number Street 78 Portion of 1 14 Airport Road 78 Portion of 2 Macys Lane 78 Portion of 3 Airport Property 78 Portion of 4 Airport Property 78 Portion of 5 Airport Property 78 1.2 36R Bunker Road 78 2.1 30 Bunker Road 78 2.2 44 Bunker Road 78 2.3 36 Bunker Road 78 2.4 35 Bunker Road 78 2.7 32 Bunker Road 78 2.8 40 Bunker Road 78 2.9 42 Bunker Road 69 6 22 Bunker Road 70 3 Hinsdale Road All as shown on a map entitled “Warrant Article 92: Priority Development Site – Proposed Industrial Development Area - Bunker Road” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen) Page 101 2008 Annual Town Meeting and Election Warrant ARTICLE 93 (Residency Requirement for Town Pier Slips) This article would provide regulation limiting applications to the Nantucket Harbor Master for Town of Nantucket Dock boat slips to citizens using Nantucket as their primary residence. This would limit annual town boat slip applications to year-round residents of Nantucket. (Daniel Balling, et al) ARTICLE 94 (Requirement for Use of Cobblestones) To see if the Town will vote to require the use of cobblestones in the Old Historic District whenever repaving any road is necessary. (Catherine Flanagan Stover, et al) ARTICLE 95 (Requirement for Renewable Energy Components) To see if the Town will vote to require all new Town buildings and Town-sponsored buildings, including any buildings built on Town-owned property, started and built after the approval of this article, both residential and non-residential, to be outfitted with renewable energy components for heat, hot water and electricity, and that the buildings themselves be built with conservation and environmentally friendly materials and practices following LEED certification guidelines. That the Board of Selectmen appoint a committee to specifically deal with only this issue, to act as information and source gatherers and guides, to help the Town in it’s choice and selection from the different available types of renewable energy for each individual building. (Deborah Timmermann, et al) ARTICLE 96 (Requirement for Registration with Nantucket Historical Commission) To see if the Town will vote to require Contractors to register with the Town via the Nantucket Historical Commission (NHC) before starting work on any structure predating 1900 anywhere on the Island of Nantucket, and be required to re-register monthly until completion of said project, to be required to file with the NHC copies of all permits and approvals from the Historic District Commission (HDC) and the Building Department before starting said project, including copies of their Worker’s Compensation and Liability Insurance. The project should be subject to review at the discretion of the Nantucket Historical Commission. The fee to work on any structure predating 1900 should be charged at a rate of $250 for every month of work on that project, payable monthly, not to exceed a period of two years. In review of the issued permits and approvals at any point in the building process, should the NHC find the contractor has wavered from those permits and approvals, the NHC would issue notice to the Building Page 102 2008 Annual Town Meeting and Election Warrant Department to issue a cease and desist order to the Contractor. Should the Contractor not comply, a fine of $1,000 per business day should be charged to the Contractor, with interest charged at 12% per year, compounded monthly. On-island-based Contractors should be subject to a waiver of the monthly fee only as long as they comply with all of the other aspects of this article. (Deborah Timmermann, et al) ARTICLE 97 (Separate Board of Health) To see if the Town will vote to amend existing Town health regulations, as required, to establish a separate Board of Health for the Town of Nantucket, composed of 5 members, three of which must be in a health or health-related technical field (e.g., medical, nursing, lab technician, pharmacist, engineering, sanitation, surveying, etc.). Members of the Board of Health shall be appointed by the Board of Selectmen for staggered three-year terms, effective with passage of this Article. (Curtis Barnes, et al) ARTICLE 98 (Change of Term for Planning Board Members) To see if the Town will vote by whatever means, including a by-law amendment, a charter change, or a legislative law change pursuant to Article 77 of the 1928 Town Meeting and Article 92 of the 1955 Town Meeting, under the provisions of Section 81-A of Chapter 41 of the General Laws, to amend the terms of the members of the five member Planning Board from five years to three years as follows: At the 2008 annual town election, there shall be elected one member to serve three years; at the 2009 annual town election, there shall be elected one member to serve three years; at the 2010 annual town election, there shall be elected two members to serve three years; at the 2011 annual town election, there shall be elected two members to serve three years; at the 2012 annual town election, there shall be elected two members for three years; at the 2013 annual town election, there shall be elected one member to serve three years; and thereafter, for two consecutive years, there shall be elected at the annual town election, two members of such board to serve the term of three years, and every third year shall be elected at the annual town election, one member of such board to serve for the term of three years. (Joan S. Barnes, et al) ARTICLE 99 (Establishment of Agricultural Commission) To see if the Town will vote to establish an Agricultural Commission to represent the Nantucket farming community. Page 103 2008 Annual Town Meeting and Election Warrant Said Commission once appointed shall develop a work plan to guide its activities. Such activities include, but are not limited, to the following: shall serve as facilitators for encouraging the pursuit of agriculture in Nantucket; shall promote agricultural-based economic opportunities in Town; shall act as mediators, advocates, educators, and/or negotiators on farming issues, shall work for preservation of prime agricultural lands; and shall pursue all initiatives appropriate to creating a sustainable agricultural community. The Commission shall consist of seven members appointed by the Board of Selectmen. The Commission will consist of a minimum of four members whose prime source of income is derived from farming or agricultural-based enterprises in Nantucket and another three who are interested in farming. Three members for a term of three years; two members for a term of two years and three thereafter; and two members for a one year term, and three years thereafter. The appointing authority shall fill a vacancy based on the unexpired term of the vacancy in order to maintain the cycle of appointments, based on recommendations of the Commission. 1. Appointing Authority: Board of Selectmen 2. Establish number of members of Commission: 7 plus 5 alternates 3. Establish terms of service: staggered, see article 4. Establish whether members must be Town Residents: No 5. Method for filling vacancies: Board of Selectmen 6. Purpose of the Commission: To represent the Nantucket farming Community 7. Guiding Principles for Commission Appointment: Members should: represent Town geographically, represent the diversity and scale of agricultural businesses, represent the diversity of the Town’s population, encourage next generation of small growers and farmers. The overall intent is to be inclusive not exclusive. Mission: Promote agricultural-based economic opportunities; preserve, revitalize and sustain the Nantucket agricultural industry, and encourage the pursuit of agriculture as a career opportunity and lifestyle. (Heather Coffin, et al) ARTICLE 100 (Naming of Cemeteries) To see if the Town will vote to fix an official name for two historic Town Cemeteries: For the land set aside on Mill Hill: A) The Colored Cemetery Page 104 2008 Annual Town Meeting and Election Warrant B) The Black People’s Cemetery C) The Mill Hill Cemetery For the land set aside on The Cliff: A) The Founders Cemetery B) The Settlers Burial Ground C) Proprietors Burial Ground (Cindy Clarkson, et al) ARTICLE 101 (Historic District Commission: Solar Energy Systems Requirement) To see if the town will vote, pursuant to Section 9 (g) of Chapter 395 of the Acts of 1970, as amended, to require the Historical District Commission to adopt a policy encouraging solar energy systems, consistent with public policy as reflected in Chapter 40 A: Section 3, Chapter 40 A: Section 9B and Chapter 184: Section 23 C of the Massachusetts General Laws, to the maximum extent feasible without having a significant adverse impact upon its purpose of the preservation and protection of historic buildings, places and districts of historic interest. (Karen Alence, et al) ARTICLE 102 (Real Estate Disposition: Long-term Lease Authorization/VFW) To see if the Town will vote to: Extend the current Ground Lease dated July 16, 2003, between the Town of Nantucket and Veterans of Foreign Wars, Post 8608, for 22 Bunker Road a.k.a New South Road for an additional term of 25 years, so that VFW Post 8608 can pursue mortgage financing to finish constructing their new building. All other terms and conditions shall remain the same. (Leroy E. Anderson, et al) ARTICLE 103 (Real Estate Conveyance) To see if the Town will vote to authorize the Board of Selectmen to grant a conservation restriction upon, and to otherwise sell, convey or dispose of all or any interests the Town of Nantucket may have in, that certain parcel of land known as Assessor’s Map 69, Parcel 6, located at 22 Bunker Road, or any portion thereof, subject to G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) Page 105 2008 Annual Town Meeting and Election Warrant ARTICLE 104 (Real Estate Disposition: Long-term Lease Authorization/58A Orange Street) To see if the Town will vote to authorize the Board of Selectmen to lease for a lease term not to exceed twenty (20) years, all or any portion of the property, known as Town of Nantucket Assessor Map 55.4.1, Parcel 79.2 and addressed 58A Orange Street, subject to Massachusetts G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 105 (Real Estate Acquisition: Miller Lane) 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 all or any portions of certain land known as Miller’s Lane and shown as Lot B2 on Land Court Plan numbered 16514-B or any lesser interest therein, including, but not limited to, all rights of passage over such rights of way, for general municipal purposes and affordable housing purposes. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 106 (Real Estate Conveyance: Miller Lane) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise lawfully dispose all or part of that certain land known as Miller’s Lane and shown as Lot B2 on Land Court Plan numbered 16514-B or any lesser interest therein, subject to G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 107 (Real Estate Acquisition: Surfside) 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 all or any portions of those certain rights of way known as Woodbine Street, Holly Street, Pequot Street (formerly Orange Street) and Masquetuck Street and located between the southern sideline of Nonantum Avenue and the Atlantic Ocean, including but not limited to all rights of passage over such rights of way, for public ways and/or general municipal purposes. Page 106 2008 Annual Town Meeting and Election Warrant Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 108 (Real Estate Conveyance: Surfside) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, grant or otherwise transfer the fee title or lesser interest in portions of those certain rights of way known as Woodbine Street, Holly Street, Pequot Street (formerly Orange Street) and Masquetuck Street and located between the southern sideline of Nonantum Avenue and the Atlantic Ocean, or any portions thereof, subject to Massachusetts G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 109 (Real Estate Acquisition: Surfside) 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, including but not limited to all rights of passage, in all or any of those portions of Poplar Street between Nonantum Avenue and Atlantic Avenue, Cherry Street (also known as Naushon Way Street) between Nonantum Avenue and Atlantic Avenue, Western Avenue from the sideline Western Avenue adjacent to Assessor Map 87, Parcel 59 (2 Western Avenue) to Atlantic Avenue, and Atlantic Avenue from the sideline of Atlantic Avenue adjacent to Assessor Map 87, Parcel 108 (3 Western Avenue) to Western Avenue, as shown on the plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket” dated January 23, 2008, prepared by Blackwell & Associates, Inc., P.L.S. and filed with the Town Planning Department, for general municipal purposes. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 110 (Real Estate Conveyance: Surfside) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of all or any interests the Town of Nantucket may have in Poplar Street between Nonantum Avenue and Atlantic Avenue, Cherry Street (also known as Naushon Way Street) between Nonantum Avenue and Atlantic Avenue, Western Avenue from the sideline Western Avenue adjacent to Assessor Map 87, Parcel 59 (2 Western Avenue) to Atlantic Avenue, and Atlantic Avenue from the sideline of Atlantic Avenue adjacent to Assessor Map 87, Parcel 108 (3 Western Avenue) to Western Avenue, as shown on the plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket ” dated January 23, 2008 prepared by Page 107 2008 Annual Town Meeting and Election Warrant Blackwell & Associates, Inc., P.L.S. and filed with the Town Planning Department, for general municipal purposes. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 111 (Real Estate Acquisition) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise, the fee title or lesser title interests in the following parcels of land, together with any public and private rights of passage, for general municipal purposes, including but not limited to the use of the parcels for Surfside Beach public parking, and to confirm the Town’s title to such parcels: a certain parcel of land being part of the parcel known as Assessor’s Map 87, Parcel 105, having an area of approximately 2,500 square feet and being shown as Lot B on a certain plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket #160 Surfside Road, dated January 23, 2008”, prepared for Nonantum Nominee Trust, 160 Surfside Road, Assessor’s Map 87, Parcel 105 by Blackwell & Associates, Inc., P.L.S. and dated December 7, 2007; and that parcel of land known as Poplar Street from the southerly sideline of Nonantum Avenue to the northerly sideline of Atlantic Avenue. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 112 (Real Estate Acquisition: Old South Road) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain sewer and access easements over all or any portions of the following parcels located off Old South Road, as may be shown on that certain plan entitled “Right of Way Plan Old South Road Bike Path Land Located in Nantucket, Massachusetts (Nantucket County)”, dated December 31, 1999 and filed with the Nantucket County Registry of Deeds as Plan No. 19 of 2005 (“Plan”). Map Lot Number Street 68 430 7 Pine Crest Drive 68 424 27 Pine Crest Drive 68 422 35 Pine Crest Drive 68 434 102 ½ Old South Road Or, to take any other action related thereto. (Board of Selectmen) Page 108 2008 Annual Town Meeting and Election Warrant ARTICLE 113 (Real Estate Disposition: 7 Miacomet Road) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, dispose of or otherwise restrict to use as open space three sites located on portions of two parcels of land identified as Town of Nantucket Assessor’s Map 67, Parcels 679 and 680, addressed 7 Miacomet Road, shown on that certain plan entitled “Exhibit A Plan in Nantucket, Mass., Prepared for Town of Nantucket” and dated October 11, 2007, and further described on such plan as Lot B, the “Wild Rose Pasture Site” containing about 9,410 square feet, Lot C, the “Valley View Site” containing about 7,899 square feet, and Lot D, the “Poison Meadow Site” containing about 8,652 square feet. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 114 (Real Estate Acquisitions: Madaket) 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, including, but not limited to, all rights of passage over such rights of way, in those certain parcels of land described below, or any portions thereof, for general municipal purposes or open space: North Carolina Avenue between Starbuck Road and Oakland Avenue (a/k/a Goose Cove Avenue); South Carolina Avenue between Columbus Avenue and Oakland Avenue (a/k/a Goose Cove Avenue); Columbus Avenue between Starbuck Road and Midland Avenue (a/k/a Wyoming Avenue); Midland Avenue between Columbus Avenue and the northwesterly sideline of Midland Avenue (e.g., where Midland Avenue crosses Midland Avenue/Wyoming Avenue and between Assessor Map 59.3, Parcels 93 and 163); Midland Avenue between Columbus Avenue and South Carolina Avenue (e.g. between Assessor's Map 59.3, Parcel 186 and 187). Or, to take any other action related thereto. (Board of Selectmen) Page 109 2008 Annual Town Meeting and Election Warrant ARTICLE 115 (Real Estate Conveyances: Madaket) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose the fee or lesser interests of all or any portions of the following parcels of land, subject to Massachusetts G.L. c. 30B: North Carolina Avenue between Starbuck Road and Oakland Avenue (a/k/a Goose Cove Avenue); South Carolina Avenue between Columbus Avenue and Oakland Avenue (a/k/a Goose Cove Avenue); Columbus Avenue between Starbuck Road and Midland Avenue (a/k/a Wyoming Avenue); Midland Avenue between Columbus Avenue and the northwesterly sideline of Midland Avenue (e.g., where Midland Avenue crosses Midland Avenue/Wyoming Avenue and between Assessor Map 59.3, Parcels 93 and 163); Midland Avenue between Columbus Avenue and South Carolina Avenue (e.g. between Assessor's Map 59.3, Parcel 186 and 187); Parcels known as Assessor Map 59.3, Lots 198 and 199 and shown as Lots 18 and 19 of Block 143 on Nantucket County Registry District of the Land Court Plan 3092-H; Parcels known as Assessor Map 59.3, Lots 225 and 226 and shown as Lots 16 and 17 of Block 143 on Land Court Plan 3092-H; Parcels known as Assessor Map 59.3, Lots 203, 204 and 205 and shown as Lots 10, 11 and 12 of Block 144 on Land Court Plan 3092-H; Parcel known as Assessor Map 59.3, Lot 230 and shown as Lot 13 of Block 144 on Land Court Plan 3092-H and Parcels known as Assessor Map 59.3, Lots 248, 249 and 250 and shown as Lots 50, 51 and 52 of Block 143 on Land Court Plan 3092-H. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 116 (Yard Sale Conveyances: Madaket) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the following parcels of Page 110 2008 Annual Town Meeting and Election Warrant land, 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: Parcels known as Assessor Map 59.3, Lots 81, 82 and 83 and shown as Lots 20, 21 and 22 of Block 142 on Nantucket County Registry District of the Land Court Plan 3092-F; Parcel known as Assessor Map 59.3, Lot 151 and shown as Lot 19 on Land Court Plan 3092-F; Parcels known as Assessor Map 59.3, Lots 231 and 232 and shown as Lots 9 and 10 of Block 146 on Land Court Plan 3092-H); and Portion of North Carolina Avenue between Starbuck Road and Oakland Avenue (A/K/A Goose Cove Avenue). Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 117 (Real Estate Acquisitions: Dionis) 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, including, but not limited to, all rights of passage over such rights of way, in those certain parcels of land described below, or any portions thereof, for general municipal purposes or open space: West Tristram Avenue between North Swift Rock Road and Nantucket Sound; The Proprietors Way (sometimes referred to as Ranger Road) between Eel Point Road and West Tristram Avenue; The Proprietors Way (sometimes referred to as Alliance Lane) between Eel Point Road and West Tristram Avenue; and The Proprietors Way (separating the parcels known as Assessor Map 32, Parcels 43 and 44 and addressed 85 and 79 Eel Point Road) between Eel Point Road and West Tristram Avenue. Or, to take any other action related thereto. (Board of Selectmen) Page 111 2008 Annual Town Meeting and Election Warrant ARTICLE 118 (Real Estate Conveyances: Dionis) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the following parcels of land, subject to Massachusetts G.L. c. 30B: West Tristram Avenue between North Swift Rock Road and Nantucket Sound; The Proprietors Way (sometimes referred to as Ranger Road) between Eel Point Road and West Tristram Avenue; The Proprietors Way (sometimes referred to as Alliance Lane) between Eel Point Road and West Tristram Avenue; and The Proprietors Way (separating the parcels known as Assessor Map 32, Parcels 43 and 44 and addressed 85 and 79 Eel Point Road) between Eel Point Road and West Tristram Avenue. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 119 (Real Estate Acquisition: Hummock Pond Area) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise, the land shown as Lots 47 and 78 on Land Court Plan 35893-H, also shown as Assessor's Parcels 82-94 and 65-71 respectively, now standing in the name of Hummock Pond of Nantucket as registered owner by virtue of Certificate of Title No. 10263 a the Nantucket Registry District of the Land Court, which Lots 47 and 78 were required to be dedicated as open land for a cluster subdivision, in accordance with the provisions of c. 40A, s. 9 of the General Laws, pursuant to approval of said plan as a cluster subdivision by the Nantucket Board of Appeals and the Nantucket Planning Board, to be held by the Town for park and open space purposes; or, to take any other action related thereto. (Board of Selectmen) ARTICLE 120 (Real Estate Conveyance: Hummock Pond Area) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of all or any interests the Town of Nantucket may have in those certain parcels of land known as Assessor’s Parcels 82-94 and 65-71 and shown as Lots 47 and 78 on Land Court Plan 35893-H, subject to G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) Page 112 2008 Annual Town Meeting and Election Warrant ARTICLE 121 (Discontinuance of Fair Street and Real Estate Acquisition/Disposition) To see if the Town will vote to take the following actions in regard to that portion of Fair Street containing approximately 1,250 square feet and located adjacent to Assessor Map 55.4.1, Parcel 128 (2 Eagle Lane), Parcel 130 (60 Fair Street), Parcel 131 (69 Orange Street), Parcel 79.1 (67 Orange Street) and Parcel 78 (65 Orange Street), as shown on the hatched area on a plan entitled "Proposed Discontinuance of a section of Fair Street," dated January, 2008, prepared by the Nantucket GIS Department and filed with office of the Town Clerk: 1) to discontinue that portion of Fair Street located easterly of Eagle Lane and as shown on the above-referenced plan; 2) to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser title interests in that portion of Fair Street located easterly of Eagle Lane and as shown on the above-referenced plan, for general municipal purposes and to and to confirm the Town's title to such parcel; and 3) to authorize the Board of Selectmen to sell, convey, release or otherwise dispose of such portion of Fair Street, subject to Massachusetts G.L. c. 30B and guidelines established under the "Nantucket Yard Sales" program on file in the Nantucket Board of Selectmen's office. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 122 (Real Estate Conveyance: South Pasture) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, release or otherwise dispose of all or a portion of that property known as Town of Nantucket Assessor Map 78, Parcels 4, 5 and 6 and located off Hinsdale Road and Madequecham Valley Road, subject to Massachusetts G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 123 (Real Estate Acquisition: 80 Miacomet Avenue) 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 all or any portions of that certain parcel of land known Town of Nantucket Assessor Map 66, Parcel 126, numbered 80 Miacomet Avenue, Nantucket, Massachusetts and shown as lot 5 on the plan filed with the Nantucket County Registry District of the Land Court as Plan 38026-A for open space and general municipal purposes. Or, to take any other action related thereto. (Board of Selectmen) Page 113 2008 Annual Town Meeting and Election Warrant ARTICLE 124 (Real Estate Conveyance: 80 Miacomet Avenue) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, grant or otherwise transfer the fee title or lesser interest in all or any portions of that certain parcel of land known Town of Nantucket Assessor Map 66, Parcel 126, numbered 80 Miacomet Avenue, Nantucket, Massachusetts and shown as lot 5 on the plan filed with the Nantucket County Registry District of the Land Court as Plan 38026-A, subject to Massachusetts G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 125 (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 2009 tax levy. Or, to take any other action related thereto. (Board of Selectmen) ARTICLE 126 (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) Page 114 2008 Annual Town Meeting and Election Warrant ********************************************************************* To act upon and transact any business relative to the foregoing subjects which may, then and there, come before said meeting. 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 23rd day of January in the year Two Thousand Eight. Whitey Willauer, Chairman Michael Kopko Brian Chadwick Allen Reinhard Patricia Roggeveen SELECTMEN OF NANTUCKET, MA Annual Town Meeting 2008 April 7 and April 8, 2008 Tape Transcription Taken By Rachel Dowling Moderator Sarah Alger: I would ask you to all please rise while the Girl Scouts and Boy scouts present The Colors. (pause) Please remain standing as we recite the Pledge of Allegiance. (in unison) “I pledge Allegiance to the Flag of the United States of America, and to the Republic for which it Stands, One Nation, Under God, Indivisible, with Liberty and Justice for All.”... Catherine Stover, our Town Clerk, will now lead us in singing the National Anthem. Stover: Oh Say Can you See/ By the Dawn’s Early Light/ What so Proudly we Hailed/ At the Twilight’s Last Gleaming/ Whose Bright Stripes and Bright Stars/ Through the Perilous Fight/ Or their Empires we Watched/ Were so Gallantly Streaming/ And the Rocket’s Red Glare/ The Bombs Bursting in Air/ Gave Proof Through the Night/ That our Flag was Still There/ Oh Say Does that Star-Spangled Banner yet Wave/ For the Land of the Free/ And the Home of the Brave.” Madame Moderator: Thank you, Catherine. (Applause.) Madame Moderator: The Girl Scouts and Boy Scouts will now post the colors... And please do remain standing just for a few minutes longer... Thank you... (Applause.) Madame Moderator: It’s my distinct pleasure to introduce Father Paul Cannuel, Pastor of Saint Mary Our Lady of the Aisle, who will give the Invocation... Speaker Father Cannuel: From the Book of Phillipians, Paul says, Whatsoever things are True, whatsoever things are Honorable, Whatsoever things are Just, Whatsoever things are Pure, whatsoever things are Lovely, Whatsoever things are of Good Report, if there be any Virtue, and if there be any Praise, think on these things...let us bow our heads for a moment of silence and reflection... Loving God you made us Co-creators in the process of your Creation, blessing us with Wisdom, Reason, Creativity and Skill. We are gathered together tonight in a Town Meeting. We gather as a Community to make decisions about what is right, about what is wrong... Let us advocate for our positions, but not at the expense of others... Let us remember that there is an immense gap between saying, “I am right,” and saying, “I believe I am right,” and that our neighbors with whom we disagree are good people with hopes and dreams as true and high as ours. And let us always remember that in the end, caring for each other in this community is of far greater importance than any difference we may have. Bless all who seek meaningful employment. That they may provide for the well being of their families. Let those who have more than they need for life’s necessities be moved to use their wealth to create new opportunities for others. Let those who have skills be open to sharing the riches of their knowledge with those who s eek the opportunity to learn. Let us all learn from one another. For you have blessed every human being with a gift for the benefit of the common good. And thereby enable us, by the power of your Holy Spirit, to build up the body of Christ on this earth, that your name be proclaimed and blessed, to the good work of all, in the Lord’s name, we pray. Amen. Madame Moderator: Thank you, Father Cannuel. And finally, please join me in observing a moment of silence in memory of those in our community who have passed away since our last Town Meeting. In particular, I want to make note of three people who dedicated their special talents and service to the Town: Albert G. Brock, Alvin Topham, and Alan Brown. (pause for moment of silence.) Thank you. You may be seated.... What would the beginning of Annual Town Meeting be without a Special Presentation? And I am pleased that we have with us today.... our State Representative Eric Turkington, and our current Legislative Liaison, Timothy Madden, who, as many of you may know, has decided to run for the position that Representative Turkington is vacating in the Fall. Gentleman... (Applause.) 2 Speaker Turkington: Well thank you, Madame Moderator. It’s been the custom for Senator O’Leary and myself to take this opportunity at the beginning of a few Town Meetings for these last several years, to present citations, from the House and the Senate, to... a distinguished Nantucket person who has served the community. And this year it’s my pleasure to present the citation to a gentleman, a real gentleman, who was brought up on the island, left the island for a career on the mainland, uh, a corporate career with IBM, but he came back to Nantucket... and he served this Town in so many ways... He has been a Selectman. He spent a year as Chairman of that Board... He’s been on the Nantucket Planning and Economic Development Commission... He’s been a County Commissioner... He’s given ten years on the Planning Board... this last year as Chairman... And this is his last Town Meeting as Chairman, so we thought it would be a very good time to honor Frank Spriggs... (Applause as Spriggs heads to stage.) Speaker Tim Madden: Frank it’s a pleasure to give you this Citation... It’s an honor to stand in for Senator O’Leary...who wishes he could be here, but he’s, uh, teaching tonight... He’s continued to do that throughout the years, and, it’s where he makes his money, so we’re glad that he’s still teaching... This is from the Senate... Be known that the Massachusetts Senate hereby extends congratulations to Francis T. Spriggs, for your service and dedication to the Town and County of Nantucket. Be it further known that the Massachusetts Senate extends best wishes for continued success.... And it’s signed by the President of the Senate, Theresa Murray... It’s also signed by the Clerk of the Senate, William Welch, and it’s signed by our Senator, Robert O’Leary.... Frank it’s a pleasure... Not only have you been doing public service as a Selectman, and for the NPEDC and the Planning Board, you’ve also contributed to a lot of the nonprofits here on the island... you know, such as the Boys and Girls Club, and Small Friends... You’ve really crossed the spectrum and really given so much back to the community and it’s been a pleasure to work with you and know you. (Applause.) And, as Frank’s going to say a couple of words, we’ve also known that Betty has been the backbone of this group, so Betty, thanks for keeping’ Frank working’ for us! (Applause.) Speaker Spriggs: Since it’s a long Town Meeting, I will just say, Thank You. And this is a complete, complete surprise... I was sitting there listening and it sounded like me, and I said, “It can’t be!” (Laughter) But thanks to the Town for giving me the opportunity to assist in doing things that we need to do. Thanks for all the nonprofits that I’ve been involved with. And I still will be involved. And for the Selectmen, and the new Selectmen, I will still be there on Wednesday nights. (Laughter.) Thank you. (Applause.) Speaker Madden: Before we let Representative Turkington leave his last Town Meeting as the State Representative, representing Nantucket, Martha’s Vineyard, and Falmouth, we have a couple of things for him, as well... Most of you probably noticed tonight I’m wearing what I think has become much like the Nantucket Reds, the Official Tie of Nantucket, it’s our Booster’s Club Tie for the Nantucket Whalers. So we have one of those for you, Eric, and you can wear it proudly, especially when you’re over on the Vineyard and back home in Falmouth... (Laughter) We also know you have a big race coming up yourself, but we’re assured that we’ll see you on the Ballot, and there will be many votes from Nantucket for you, and I’m sure you’ll bring home yet another victory and continue your public service. I’ve known Eric a long time, and he’s been truly an asset to this island, and I’m very sad to see him leave. But, in addition to that, we have our Chairman of the Board of Selectman, Whitey Wilhauer, who has a Proclamation from the Town of Nantucket. Whitey.... Speaker Wilhauer: Thank you... Tim... Thank you everybody for coming tonight. I think we’ve got a great meeting in front of us, and I hope we get out of here before too long... I first met Eric walking in the Memorial Day Parade, and it was great having our Representative with us on that wonderful occasion. Tonight, I’d like 3 to, as the Chairman of the Board of Selectman, present Eric with the following, and I will read it. “The Town and County of Nantucket, in grateful appreciation for twenty years of dedicated service from 1989 to 2009, to Eric Turkington, State Representative of Barnstable, Dukes, and Nantucket Districts, presented by the Board of Selectmen at this Annual Town Meeting, April 7th, 2008, signed by all of the Selectmen, and we appreciate his wonderful service to this Town, County, and to the other Counties. Thank you very much. Eric, congratulations. (Applause.) Speaker Turkington: Well, we’re full of surprises tonight... Uh, it has been twenty years since I first came to this island as a candidate for State Representative, and when I first got here, I think I knew about six people, and three of them didn’t want to have anything to do with me, cause I was from Falmouth, and so we’ve done better than that over the years... It has been an enormous pleasure... This island has given me more.... issues to fight about.... (Laughter) than any other part of this district, or any other district, for that matter... You certainly have set the world’s record on Home Rule Petitions, and I suspect there’s some more in this Town Meeting Warrant... But the privilege of getting to know you and work with you and all of your marvelous people and institutions has been a... something that I really am very, very humbled to be able to do... The island is a special place, as you all know, and most people in America are lucky if they get to come here for a weekend, or for a week, or if they’re real lucky, for a month... I’ve been able to come here for 20 years... I’m the luckiest guy I know.... (Applause.) Madame Moderator: Okay, well, everyone’s so anxious to get out of here; I think we’d better get going. Um, let’s see... Our first order of business is we have our official Town Meeting Rules in this little, what is now blue book, called Town Meeting Time: A Handbook of Parliamentary Law... It’s sort of like Robert’s Rules, only it’s a little bit more users friendly... It’s been edited a number of times by the Massachusetts Moderator’s Association and it is, under the Charter, our Official Rule Book for Town Meeting... So this is what we follow... But, being Nantucket, we of course have our own special Traditions and Procedures and those are contained in a handout that you should have seen on your way in... It’s I think in yellow... It’s also available on the website Nantucket... What do we call it? Nantucket Town Meeting Traditions and Procedures... And I haven’t made any changes to it in a number of years... It’s just a supplement to our procedural guide, and I... one of our traditions is to adopt those Provisions at the beginning of the Meeting, so I’d ask you to re-affirm that vote at this time... All of those in favor of adopting Nantucket Town Meeting Traditions and Procedures as additional Rules of the Meeting please say Aye. Audience: (Loud) Aye! Madame Moderator: Any opposed, No? (Silence) That motion carries unanimously. Thank you... Just a couple of things you should have with you... You should have a copy of the Warrant... It is, as I have said, a bit like Crime and Punishment... But it’s a beautiful booklet... It was not cheap to put together, so please hang onto your copy and bring it back with you on the successive nights of Town Meeting, because we don’t want to run out of them... Um, this book contains not only the Warrant, with the Articles as printed, but also the recommendations of the Finance Committee and Planning Board... and when you are making your votes tonight I would ask that you take those recommendations into consideration... They come as the result of a lot of hard work by our Town Boards over a pretty extensive period of time...You should also have a copy of the Town Report.... It’s sort of a pretty color this year. It’s always sort of beautiful... and that as well is something that you should keep... We do have a limited supply... One per family on those... As you know, we do have a practice of making formal motions on the Articles... The Warrant as printed with Articles that have Positive Recommendations from either the Finance Committee or the Planning Board will contain a formal Positive Motion that embodies the exact action that voters are being asked to take... The Articles that received Negative Recommendations... do 4 not have Positive Motions attached to them... If you bring forward an Article for discussion that does not have a Positive Motion, it’s your responsibility to provide us with a Positive Motion…But we won’t abandon you entirely on your own on that score... Please see us before the meeting, or after the meeting, and Town Counsel and I will try to help you put together a Positive Motion if that’s practical in the time that we have available. Due to a Bylaw change in 1998, Two-thirds votes no longer require a hand count if they are absolutely clear that Two-thirds have been met, I can declare a Two-thirds vote... I will try to do that only when it’s crystal clear that two-thirds has been met... If at any point you question whether or not that two-thirds has been met, um, please immediately say so.... When looking to speak, please identify yourself for the record... In order to be recognized, it’s acceptable to say, “Madame Moderator,” to wave your hand, to stand up, to alert your teller, to move to a different place, closer to a microphone... anything that isn’t completely disruptive to the meeting is absolutely fine...If you have a question about procedure, you can rise to a Point of Order at any point, and we’ll try to clarify any questions that you might have, limit your remarks to the subject under discussion, direct all of your discussion through me, even if you have questions of other people in the audience, direct the questions to me and I’ll direct them back to the appropriate people. We want to avoid having any sort of cross-debate going on between people in the audience... And of course, most importantly, avoid any sort of personal attack. If you find that you’re about to say someone’s name that probably means that you should stop talking and reconsider what you’re going to say... If you’ve been hired by someone to come and speak on a particular issue, you should disclose that at the time... And, I think those are the basic rules, except that I do ask that, when you’re looking to be recognized, if you’re wearing a hat, you really should take it off. I’d like to introduce, just so you know who’s who... the people sitting up at the front tables. Way over on your right, to my left, is the Planning Board: Sylvia Howard, Barry Rector, Nat Lowell, Frank Spriggs, and, I believe you would find John McLaughlin hiding way up in the back where he can easily commandeer a microphone whenever he seems to want to...Um... Mr. Rector is the Vice Chair of the Planning Board... Next to them is the Finance Committee... The Chair is Rick Atherton... Co-Chair, Bruce Miller... And we have Charity Benz, Christy Kickham, Greg Keltz, James Kelly, Peter Morrison, Matt Mulcahy, and Michael Rosen... In the center, wee have our Town Clerk, Catherine Stover, and, in a pure act of nepotism, as Bell Ringer, my daughter, Madeline Malenfont. I ask that you respect the Bell Ringer, and when she rings the bell, you should stop talking and give up your microphone... Then we have our current Board of Selectmen... But starting here, next to the Town Clerk.... we have Town Counsel, Paul DeRensis, Chair Whitey Wilhauer, Libby Gibson, Michael Kopko, Brian Chadwick, Patty Roggeveen, Alan Rhinehard, and then, sitting in the front row, is Malachy Rice, who is the new Assistant Town Administrator... Is that close? Okay... Now... We had some problems with the printing of the Warrant, so the Technical Amendments that I read into the record at the beginning of the meeting are going to seem pretty significant, but their really... it’s not as bad as it seems... Um, we also had a number of issues that came to resolution between the time that the Warrant was printed and this meeting... So, what I’m hoping is that, while we have a number of Technical Amendments to make to various articles, that once we hove those made, it will answer a lot of questions, and will reduce the number of articles that are called. And I am probably a hopeless optimist in that respect, but, we start with Article Three. .. Article Three is on page one? Of the Warrant? That doesn’t seem right, but okay... We have a new Finance Committee motion and that motion is Move to take no action on the Article. .. Article Six... In the Chart... We’re deleting the Row that reads, “Fire Department Expense- Fire Department Salaries- $40,000.00”.... So that line is removed entirely from the Motion... Article Seven... Article Seven had some things that were blacked out in the book as it was printed, that weren’t blacked out in the original Warrant that was published... You’ll see that that happened with, “Plumbing Inspector Assistant- Hourly- $30.00” ... Let’s see... The “Veteran’s Agent- Hourly- $15.00” and “Town Clerk- $84,351.00” Those should not be blacked out, they should be put back in...Article Eleven... We have a new Finance Committee Motion... And that Motion is now as written on the screen, the amount of money has stayed the same 5 at $27,500,000.00... “Moved that $27,500,000.00 dollars be appropriated for professional services for design, permitting, architecture, construction, supervision and other related professional services and for the construction, installation and equipping of a Public Safety Facility at Two Fairgrounds Road... All such expenditures to be made by the Town Administrator with the approval of the Board of Selectmen, and to meet this appropriation, $2,300,000.00 from a FY2008 County Grant for constructing and equipping the joint Public Safety Facility, including professional services for design, permitting, architecture, construction, supervision, and other related professional services pursuant to General Laws Chapter 64-D, Section 1, is hereby accepted for those purposes. $1,000,000.00 from an FY2008 County Grant for constructing and equipping of a Central Dispatch Center, including professional services pursuant to General Laws Chapter 64-D, Section 1, is hereby accepted for these purposes. The authorization to the Treasurer of the Town previously voted pursuant to Article Ten of the 2002 Annual Town Meeting to borrow $1,100,000.00 is hereby amended by deleting, “Construction of a Fire Station Expansion,” and inserting in place thereof, “Construction of a Joint Public Safety Facility” and is hereby transferred to the purpose of this appropriation, and further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is hereby authorized to borrow $23,100,000.00 contingent upon passage by ballot of a Debt Exclusion Referendum question, exempting the principals so borrowed, and interests from the limitations of Proposition 2 ½ so called, pursuant to General Laws Chapter 59, Section 21 C-K... as General obligations of the Town... And then we have an addition to the Finance Committee recommendation that says... “It is the intent of the Town to further reduce the amount borrowed, and/or to fund the Debt Service for this project with revenues realized from other sources, including the sale of the Fire Station property, and future funding from the County...” As necessary, when we get back to these articles, we’ll go back over any changes... And, I should be clear, on articles that aren’t called, they’ll be voted in accordance with the Recommendation as amended by the Technical Amendments I’m now reading into the Record... Article Twelve... There was some language that was dropped... We’re adding... to the Finance Committee Motion on page 14, after the Nantucket Water Commission, the line, “The Airport appropriation to be expended through the Nantucket Airport Commission;”... Article Thirteen... In the Finance Committee Motion, the first subtotal on page 15, subtotal Airport Enterprise... That subtotal is $10,000,000.00 (Ten million dollars.) Under “Sewer” we’re changing the language so that it reads... “Construction of and Professional Services, Including Design, Permitting, Engineering, Construction and Construction Supervision for Infiltration Inflow Improvements, etc.” Under the next “Sewer” column, we’re adding “construction of, and...” so that it reads, “construction of and professional services, including design, permitting, engineering, construction, and construction supervision for...” instead of “of”...”infiltration inflow improvements in the area of Prospect Street.” Again, under, “Sewer”... “construction of and professional services, including design, engineering, permitting, construction, construction supervision for infiltration inflow improvements in the area north of Main Street.” On page 16, under “Solid Waste” we’re crossing out the language that is under the second Solid Waste category, and adding, “Increase the authorization approved as Article 20 at the 2004 Annual Town Meeting by $250,000.000 from $383,000.00 originally approved to a new total of $633,000.00 as security for a standby Letter of Credit issued by Fleet National Bank for the benefit of the Town so as to provide financial assurances required by the Massachusetts Department of Environmental Protection, with respect to the completion of corrective action, closure of two lined landfill cells, and/or post-closure maintenance of the Nantucket Landfill on Madaket Road... with the subtotal changing from $42,700,000.00 to $42,450,000.00” Under the “Appropriations” Section also on page 16, “Airport Borrowing” is changed from “$10,250,000.00” to “10,000,000.00”and the total is $42,450,000.00.. Under that, in a further paragraph... the $10,250,000.00 is changed to $10,000,000.00 even... And the language after the Treasurer of the Town we’re adding, “With the approval of the Board of Selectmen is authorized to borrow the sum of $750,000.00”... Article Nineteen... This Motion is entirely new... the Warrant was published with the information that the Finance 6 Committee Motion will be provided at Town Meeting... This is now the Motion that’s being provided... “Moved that $61,697.00 of the total amount for Contractual Increases Appropriation in Article Eight of the 2007 Annual Town Meeting Warrant be designated to fund the cost of an Items for Lump Sum Payment on account of Fiscal Year 2007 in a Collective Bargaining Agreement between the Town of Nantucket, represented by the Board of Selectmen, and the Our Island Home Union employees represented by Service Employees International Union Local 11-99, in accordance with Chapter 150-E of the General Laws of the Commonwealth and to amend the Town’s Classification and Compensation Plan accordingly to reflect such contract, and that $38,819.00 of the total amount for Contractual Increases Appropriation in Article Eight of the 2007 Annual Town Meeting Warrant be designated to fund the cost items for Fiscal Year 2008 in a Collective Bargaining Agreement between the Town of Nantucket, represented by the Board of Selectmen, and the Our Island Home Union Employees, represented by Service Employees International Union Local 11-99 in accordance with Chapter 150-E of the General Laws of the Commonwealth and to amend the Town’s Classification and Compensation Plan accordingly to reflect such contract... Okay... Article Twenty-one...Article Twenty-One was in a similar situation as Nineteen... We now have a Motion for Article Twenty-One... Moved that $81,437.00 of the total amount for Contractual Increases Appropriation in Article Eight of this Warrant be designated to fund the cost items for Fiscal Year 2009 in a Collective Bargaining agreement between the Town of Nantucket, represented by the Board of Selectmen, and the Department of Public Works Union Employees represented by the American Federation of State, County and Municipal Employees, Counsel 93, AFL-CIO Local 23-46 in accordance with Chapter 150-E of the General Laws of the Commonwealth... and to amend the Town’s Classification and Compensation Plan accordingly to reflect such contracts... Article Twenty-two... has a “Moved not to adopt the Article.”... Article Twenty-three, the Motion is also, “Moved not to adopt the article.” ... Article Twenty-four, also, “Moved not to adopt the Article.”... Article Twenty- five... “Moved not to adopt the Article.”... Article Twenty-six... let’s see... (Reverb from microphone) Is that me? In the “Sources” section, we’re changing the “Raised and Appropriated from FY 2009” from “1,633,000.00 to 1,604,000.00” and from “State Matching Funds from FY 2008 to be Received in 2009” changes from $1,254,000.00 to $1,019,000.00... and From “Undesignated Reserve Fund Balance...” It goes from $358,564.00 to $622,564.00... Okay... Article Twenty-eight... Article 28 is just one of those unfortunate situations when Word thinks it knows so much better than anyone else.... And so, it changed and renumbered all of the sections, all on its own... and so we are taking out all of those.... all of those numbers... It did it in the cross-outs, and then I think it did it.... You know, you couldn’t get it to do this when you wanted it to, but.... Okay, this it where it really makes the big difference... In Section A of the new language, after all those definitions, at the very end of the recommendation, D should be A, C should be B, F should be C.... And that would be primarily on page forty-two... Article Thirty... We’re eliminating Map 78 portion of Lot 5, Maddequecham Valley Road... from Section 2, and also from Section 5... Okay... Article Thirty-seven... we’re just eliminating the street number from Map 68, Parcel 82, just eliminate 45... So that that parcel has no street number on Old South Road... Article Thirty-eight... The Map of 40 Western Avenue is Map 87, not 68, Portion of Lot 84... Article Forty-one.. The Motion on Article 41 is being replaced with a new Motion that reads...”Moved to withdraw the article without favorable action.”... That’s not your motion? From audience: (Could you repeat that please?) Madame Moderator: Hang on... We’re having a technical issue... (long pause) Alright, we’re changing this one completely... Do you want to just type it when I say it? Okay.... I’m going to read this language and pay no attention to what’s happening behind the screen... It’s just all going to magically happen... The Planning Board Motion is changing to this... I think.... “Moved that the Article be withdrawn by the proponents from further consideration without unfavorable action.” Okay.... Thank you... Okay... Moved that the Article be withdrawn by the proponents from 7 further consideration without unfavorable action... Okay... Article Forty-five... Has the somewhat fancier version of that language... “Moved that the subject matter of this Article be withdrawn by the proponents thereof, from further consideration by this Town Meeting without unfavorable action thereon..”...Article Forty-nine... There’s a blank in Article 49 that appears... near the top of page 81, in subsection G...(tape ends) (tape resumes) ...is used for residential purposes are exempt from subsection F, and may be altered or extended provided that the existing ground cover of the structures... and it currently says... “as of April ____, 2008”... and it’s now going to be... :... as of the date of the vote on this Motion at Town Meeting”.... so that we don’t have the awkward situation of having to remember to go back and put the date in... “is not increased by a total of more than 100 square feet.”.... Article Fifty-five... okay... this is another just one of these unfortunate bulleting issues... and I think the important piece... it really isn’t an important piece... It’s right there, but it’s already crossed out... It should be... “F” as opposed to “B” in the crossed out area in Section 4 at the top of page 96... Okay...Article Seventy-five... oops... which? Sixty? Sixty-three? Right.... Article Sixty-three was a late entry... It’s just that shading that was wrong in Article Sixty-three... in the Planning Board’s Main Motion... the only thing highlighted is “Platforms” and “Steps” and that’s misleading the entire section under Structure is new from what appeared in the article as printed so that entire section should be highlighted... Okay... Article Seventy-five... Ins Subsection B... We’re just eliminating the word “the” so that it reads... “any applicant requests removal from said list.”... Okay... Starting with Article Seventy-six... Article 76 through Article 79... The Board of Selectmen comment was erroneously dropped or not included in the warrant... as printed... so for each Article... 76... 77... 78... and 79... you should note that the Board of Selectmen comment is that “The Board supports the Motion and Comments of the Finance Committee.”... And again that’s Articles 76, 77, 78, and 79... Article Ninety-two... Map 78 portion of 4, is not Airport property, it’s South Pasture, and Map 78 portion of 5, Airport property is being eliminated entirely... And... the date of the Map... the revision date of the Map is now March 2008, not February... Article Ninety-eight... We have a new Motion... that reads as follows... “Moved that the Town vote to amend the Code of the Town of Nantucket to add the following new Chapter 43...”Chapter 43 Planning Board Terms of Office”... The terms of office of the members of the Town’s five-member Planning Board shall be as follows... At the 2009 Annual Town Election there shall be elected one member to serve three years, at the 2010 Annual Town Election, there shall be elected one member to serve three years, at the 2011 Annual Town Election there shall be elected two members to serve three years... At the 2012 Annual Town Election there shall be elected two members to serve three years... At the 2013 Annual Town Election there shall be elected two members for three years... At the 2014 Annual Town Election there shall be elected one member to serve three years... and thereafter for two consecutive years there shall be elected at the Annual Town Election two members of such board to serve the term of three years, and every third year, one member of such Board shall be elected at the Annual Town Election to serve for the term of three years... Okay... Article Ninety-nine... Is a new Finance Committee Motion... Essentially what this motion does that’s different from what’s in the Warrant is that it creates a bylaw... for this Agricultural Commission... So the Motion now is “Moved that the following Bylaw be adopted... Article Seven: Agricultural Commission: Section 11-24; Purpose: The Nantucket Agricultural Commission is established to represent the Nantucket farming community... the mission of which commission shall be to promote agricultural based economic opportunities, preserve, revitalize and sustain the Nantucket Agricultural Industry, and encourage the pursuit of agriculture as a career opportunity and lifestyle. 11-25- Activities: The NAC shall serve as facilitators for encouraging the pursuit of agriculture in Nantucket, shall promote agriculture based economic opportunities in Town, shall act as mediators, advocates, educators and/or negotiators on farming issues, shall work for preservation of prime agricultural lands, shall pursue all initiatives appropriate 8 to creating a sustainable agricultural community, and shall take on any other duties as voted by the Town or requested by the Board of Selectmen or as may further the purposes of said Commission... Section 11-25- Membership: The Commission shall consist of seven members appointed by the BOS with three members being appointed for a term of three years, two members for an initial term of two years and three years thereafter upon expiration of the initial term... and two members for an initial term of one year, and three years thereafter upon expiration of the initial term... To the extent available and willing to serve the Commission shall consist of a minimum of four members whose prime source of income is derived from farming or agricultural based enterprises in Nantucket, and another three who are interested in farming. If the foregoing are neither available nor willing to serve, then any member may be appointed from the community who has an interest in agriculture. The BOS shall fill any vacancy for the balance of the un-expired term of the vacancy. (Tape ends) (Resume Tape/ Side A blank… Side B follows) Speaker (Chief Pittman): … in process, which, basically, in a nutshell, is, we hire a contractor, and agree to a price, and anything that’s above that comes out of their profit on the deal, so hopefully we can get that approved. There is currently a favorable labor market out there. Massachusetts Public Works projects are virtually at a standstill. What’s been going out for bid has been coming back with numerous bidders, and has been coming back under projected costs. Recently, the Town of Watertown and the City of Holliston both built police stations, and both of ‘em came in at least 8% under bid. Now I can’t say that’s going to happen to us. I just don’t know, but there’s not a lot of projects out there, and right now there are people that are hungry for jobs, even people right here in Nantucket. I don’t know if there’s ever a good time to ask for it, but now’s as good a time as I suspect we’ll ever have. I want to also take the opportunity to say that we deserve—that our Public Safety employees deserve to have a facility that’s safe and efficient for them to be able to respond to your emergencies. I want to address one final point: there’s been concern about the police department moving out of town. First of all, I am committed to a presence downtown. Our plan has been, and always was, to keep a substation in the downtown area. We will staff it… during the summer’s easy, but we’re going to put a year-round presence there for the benefit of the community. Madame Moderator: Thank you… Chief McDougal…. Speaker (McDougal): Good evening. Mark McDougal, Fire Chief. I just want to let everybody know I support Chief’s—Chief Pittman’s statements fully. Realizing that it’s… we’re in an economic slow-down for this time of year… for the money that we’ve worked to try to get to support the facility I think it was a pretty good step towards it. We’re not… not being sure if it’s going to be there in a couple of years, it’s just one good reason to take into consideration this public facility, as well as towards the construction market and competitive bidding, I would say that I would really take it into consideration. Thank you. Madame Moderator: Thank you… Ah, Ms. Timmerman, then I’m going to go to you, Ms. McWade, because you’re the person who called this article. But go ahead, Ms. Timmerman. Just stand up, and that helps them find you. Timmerman: Deborah Timmerman. I’d like to say, I got this flyer in the mail just a couple of days ago, and I thought the design was really beautiful, and I was just thrilled to see that it was going to be built with Lead Silver standards. The Foundation for Green Building Leadership in Massachusetts adopted a policy requiring all of their new buildings to meet Lead Certification criteria. The City of Boston’s Green Building Task Force produced a road map that places Boston firmly among the nation’s green leaders. The city is committed to achieving the Lead Silver standard in all City owned building projects and requiring that all 9 large building projects in Boston be Lead Certified. It as been shown that when you build green buildings for an average cost premium of $3 - $5 dollars per square foot produced direct operational savings of approximately $15 dollars a square foot over 20 years. Lead standards produced lower energy costs and green buildings reduced water use. And, finally, driven by an environmental ethic, out town’s proposal for this joint public service facility exemplifies a long-term vision that makes tangible the island’s founding Quaker principals of sufficiency, stewardship and simplicity. Kudos to our town government for taking this leadership step. I urge you to vote “Yes” on this article. Madame Moderator: Thank you. Ms. McWade. McWade: Thank you… I applaud the brochure, I applaud the study that was done, and the energies of everybody that has gone into creating this joint facility. I just… have concerns about the size, the cost, and… the emphasis on certain Town departments as… being in need of adequate facilities to work in, and adequate places to have training and this and such, to the exclusion of many other Town departments that have had to forego any kind of impo0rvements for more than a decade, no sort of ideas of any sort of expansion, and yet they serve the community, they’re involved in meeting the needs of the community, they tried to provide our rooms for the community to meet if they need to, and so I wish there had been more than one proposal. I have spoken before about my apprehensions about getting rid of the fireplace sight. I think it’s good to not put your eggs all in one basket. I think that whatever the Stop & Shop pays for that site will come out of our grocery bills, anyhow, so I’m not sure we’re going to save money… So I would encourage a smaller facility. I’m not opposed to them joining forces; but we’re going to keep the Fire Station downtown… Sure it’s not going to cost 10 million to refurbish that, or do something a the fire station to help bring that up, and build a smaller building for another ten, I bet you’ll still be under twenty million. Thank you. Madame Moderator: Is there anyone else who wishes to speak in opposition to this motion?… Okay… Then, I think we should go to a vote… Yes? Up- Yes, Mr. Whitcomb, if you could get a microphone. Whitcomb: Is it working? Yeah. Mark Whitcomb. Ms. McWade just made reference to the existing Police Station, formerly Fire Station, downtown, and I’m just curious as to what the plans are as far as the Town selling that property and using the funds to offset the 27.5, or what. I’d like an answer on that. Thank you. Madame Moderator: Okay… Ms. Gibson. Gibson: Libby Gibson, Town Manager- Administrator- sorry. (Laughter) The question—if I could just get a tiny bit of clarification- is, what would happen with the downtown Police Station? Is that correct? Madame Moderator: Is it downtown Police, or the Fire out by the Stop & Shop? Or is it both? [Whitcomb-- off-mike] I was referring to the downtown Police Station, formerly Fire Station. Madame Moderator: Okay. The downtown police station, formerly the Fire Department. Gibson: And the question was, would it be sold? Madame Moderator: What are the plans for that building? Gibson: Okay. The answer is, no, it would not be sold. As Chief Pittman mentioned, a portion of that building would be retained for a Police Substation downtown, and we would probably… this is just an option. We’ve discussed a number of options, perhaps move some other Town agencies into the rest of that building. It 10 may require some funding; we may be able to dispose of certain other Town properties to help with that, but there is no definitive plan at the moment other than to continue using the building as a municipal facility. Madame Moderator: Thank you… Okay… This Article requires a two-thirds vote. The motion that you’re voting on is the motion that was read into the record at the beginning of the meeting as a technical amendment. It’s now shown on the screen. A “Yes” vote will adopt that motion. A “No” vote will defeat the motion. All those in favor, say, “Aye.” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” Audience: (soft) No! Madame Moderator: I declare that Article 11 is adopted by a declared two-thirds vote… Are you ready on 20? Article 20… Article 20 appears on page 19 of the Warrant...It received a negative Finance Committee Motion. It was called by Mr. Vaughn... We have a Positive Motion to put before you... and that Motion is as follows: Okay... Moved that $120,000.00 be designated from the amounts appropriated pursuant to Article 11 of the Warrant for the 2007 Annual Town Meeting, to fund the cost items for Fiscal Year 2008 in a Collective Bargaining contract between the TON represented by the Airport Commission, and the Airport Union Employees, represented by the Massachusetts Laborers District Counsel of the Nantucket Memorial Airport, Employees of the Laborers International Union of North America, Local 1060, in accordance with Chapter 150-E of the General laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contracts or take any other action in relation thereto.... We’re deleting... “or take any other action in relation thereto...” so that it will end... “to reflect such contract... period.” Is that your motion, Mr. Vaughn? Speaker: I believe that the reference to Article 11 should be ... to Article 12? Madame Moderator: Town Counsel just checked it with the Town Clerk and it is in fact Article 11 from last year. Speaker: Public safety... Alright? Madame Moderator: Is that your motion? Speaker: Okay, that is my motion, Madame Moderator. Madame Moderator: Is there a second? Speaker: Second Madame Moderator: Okay, motion made and seconded... Mr. Vaughn... Vaughn: Thank you, Madame Moderator... I just want to say that I am a great supporter of the Finance Committee... They do a tremendous job... It’s a very difficult job, and very time consuming, and they are all dedicated public servants... Like many of us, we can’t get everything right a hundred percent- Audience: Louder! Madame Moderator: I think you need to hold that up— Vaughn: -- We can’t get everything right a hundred percent of the time... And I think in this instance.... the opinion of the FC is misplaced... In the first place I don’t think that the... I don’t think it is the duty of the various negotiating teams to work in 11 lockstep, and we didn’t work in lockstep here... we have a very sophisticated negotiating team... two very astute businessmen Karl England and Dual Macintyre, who did the negotiating for the Airport, and did, I think, a great job... The FC characterizes the increase, which is one half of one percent, as “markedly in excess” of what they think should have been negotiated... I would call it “modestly in excess”... But the real point here is that we have achieved I think a single concession on the part of the unions by removing two percent annual lockstep increase for a five to ten year employee... Now that’s two percent a year per employee... That’s ten percent... We have also reduced a four percent lockstep increase for fifteen to twenty year employees to three percent... That’s a reduction of five percent... This is a long-term tremendous benefit to the Town and to the Airport Commission... This is a fifteen percent per employee reduction and I think it is a very great achievement at very modest cost... So I would ask the Town to support this contract, which I think is greatly beneficial to the Airport and to the Town of Nantucket.” Madame Moderator: Thank you... On Mr. Vaughn’s motion... Mr. Atherton? Atherton: It might be helpful to uh... give us all a little bit of background... The contracts negotiated by the Town with it’s various Unions historically, this is up to about three years ago, were not reviewed by the Finance Committee or by Town Meeting... It is only in the past three years that it’s been the recommendation of Town Counsel that contracts specifically be reviewed and approved by Town Meeting... What really happened over the years... whatever the contract terms were negotiated... became... that’s it... And in terms of dealing with our Annual Operating Expenses, the contracts were presented as a given... The new process opens up that a great deal... and this is really the first year in which the Town has set some guidelines for all of- really, through the Board of Selectmen, set guidelines- for all of the various contracts that are under negotiation... And you can see from the Warrant that two contracts negotiated by the Town do receive our recommendation, and we whole-heartedly support them. The other contracts have not had their negotiations come to fruition yet... In the case of the Airport contract, again, the review that we went through showed very specific numbers over the life of the contract that indicated the annual increase for those employees- and we’re only talking about the increase, not the base, pay- was in excess of the guidelines set for all of the town labor contracts. And we thought it appropriate to bring to the attention of Town Meeting that increase was out of step... I would share with you that the Finance Committee spent a fair amount of time on all of these contract discussions, reviewing the numbers, and it was our unanimous opinion that just this one contract receive a Negative Recommendation... The result of that recommendation would be to ask the parties to go back to the negotiating table. And, subsequently, come to agreement... Again, that’s the same with the other contracts that have not yet reached agreement, so they would come back to a subsequent Town Meeting. Thank you. Madame Moderator: Thank you... Before I go back to you Mr. Vaughn, let me go up here to the corner, and then I’ll go back to you for a response... Yes... Audience: I don’t know whether you can hear me or not, I don’t have a microphone... Madame Moderator: You have one right behind you... Speaker: Oh... Madame Moderator: Two seconds... Speaker: Ah... Oooh... Sorry... I just want to ask— Madame Moderator: If you could identify yourself- Speaker: Oh. My name is Jean M. Allen... I used to teach school here... Uh... One question I’d like to ask- I guess it’s Mr. Vaughn- or maybe it’s Mr. Atherton- I 12 don’t know who would answer it.... The thing about giving up Step Increases and the FC recommendation to go back to the negotiation table... Would that mean that when they go back to the negotiation table, Step Increases would then be back... put into effect? Which would seem to me to be more expensive that eliminating those than the increase that they’re asking for... It’s just a question...I don’t know who would answer it... Madame Moderator: Okay... I’ll see what I can do to get you an answer... Mr. Vaughn? Vaughn: This would I think re-open the contract and be a huge mistake to go back and try to renegotiate this... We should stick with what we’ve got... IT was a damn good job, and I’m proud of our team, and this should be passed by Town Meeting... Madame Moderator: Thank you... Yes, Mr. Miller? Miller: I’m Bruce Miller, Vice Chairman of the FC... I just would like to add a couple of things to what Rick said... Uh, this Town has been living beyond it’s means for quite some time, and it’s been obvious for quite some time, and it was truly an accomplishment that the FC and the BOS and the School Committee were able to come together and decide that we really and to get serious about bringing things under control. And the five percent number is an important number. Yes, it’s a little bit arbitrary, but it was a start. And the Town Administrator has been negotiating on our behalf as taxpayers with a number of different unions, and that five percent has been important to her in those negotiations... So far she has concluded two... both of them came in under five percent... one slightly, one significantly... In addition, there are other Town employees who have also agreed to significantly lower increases... The Water Company has agreed to a three percent increase... The Atheneum employees have agreed- not that they’re unionized, but they have continued with three percent increases... Don’t be fooled by the fact that the difference between five percent and six and a half percent is a small difference... It’s a huge difference... It compounds forever... About ten years ago there was a committee here that tried to do what we’re trying to do now, and bring the budget growth under control.. At that time we recommended that we needed to bring the rate of growth of the contracts down by about two percent per year in order to be within our means... If you go back to about eight years ago and you do the arithmetic, you will discover that w=if we had succeeded in that objective, which we did not do, that tonight and every year, we would have an additional ten million dollars to spend on other items like filling potholes and everything else you could imagine... So, one and a half percent compounded forever is a big, big number, and I don’t think we want to get involved in too much detail about the contract, so I’ll just leave it at that...Thank you. Madame Moderator: Thank you... Uh, Mr. Vaughn, and then I’ll go up behind you... Vaughn: Uh, my team tells me that at all times they kept the Selectmen informed of the negotiated stages, and that there was never a murmur of disapproval, and in fact as far as I can tell there was approval of this... What we have achieved at a cost of about eight thousand dollars a year, is a significant long term concession that will itself compound at fifteen percent a year. Thank you... Or not compound at fifteen percent a year. Madame Moderator: Thank you. Um, Ms. Wheatley... Wheatley: Thank you, Madame Moderator... Nancy Wheatley... Uh, may I ask a question of Mr. Vaughn through you, Madame Moderator? Madame Moderator: Certainly. Wheatley: As an Enterprise Operation, does the.... does the cost of the... the contract go to those folks like me who use the airport, or does it come out of town funds? And then I’d like to make a comment... 13 Vaughn: It does not come out of Town funds... It comes out of working funds.... Madame Moderator: Thank you— Vaughn:-- Uh, generated by the airport. Wheatley: Thank you... Uh, I’d like to point out that Enterprise Operations are generally Enterprise Operations because they’re not exactly like all the other parts of town government... Um, as a user of the airport, I think it’s important to have the services that we need there... It’s always tough when you’re negotiating contracts, and from what I’ve heard, while I appreciated the FC’s commitment to keeping things under control, I would expect that their discipline did impact the negotiations, and I would support the airport commission’s request to have this contract approved. Madame Moderator: Thank you. (Applause from audience.) Please hold your applause... Okay, I think I see a hand... Yes... Speaker: Hello... Marcus Silverstein, I’m President of a Local 1060 representing Administrative, Clerical, and the Department Heads, in the interest of full disclosure, while we share a parent organization with the Airport Employees, we have no direct representation of them or with them, they do have one hundred percent our support... We are asking the Town to also grant that support to the airport employees... Besides the fact that we believe this current action by the Fin Com is unfair, what we really believe is that they’ve made; no compelling argument to take such a drastic action...They gave, in their negative recommendation, they gave two reasons for this... The first was that approval of this contract would create a lack of parity among other contracts.... Setting aside for a moment any Town citizen’s possible concern over unfair labor practices or collusion... the true point is, as was just pointed out by Ms. Wheatley, sort of... that each Union in this Town is different... they each have different needs that they serve... their membership for...and they each have differently structured contracts, okay... what our contracts look like is not what the Airport Employees’ looks like, or Our Island Home, or DPW... the second argument they give really isn’t even a reason, it’s in fact just a primer on micro-economics... They state that as the Airport increases their costs, they pass it down to us the consumers... Well, that’s nice and all, but nobody has said there was going to be any increases in fares or fees or anything else tied to this contract... So the only conclusion we can draw is that this language is merely put in there to elicit an emotional response... we are simply hoping that you will rely on facts and reason... If the FC would like to become more involved, and it’s obvious they do, in the collective bargaining process, it’s certainly within the Town’s rights to include them in negotiations, however we, a Local 1060, thoroughly reject the FC’s insinuating itself into the process at this date.. Contract Negotiations, contrary to how they try to make it sound in the third paragraph, are not as simple as simply re-opening negotiations... they are grueling, they are time consuming, they strain both sides... Requiring now the Airport Employees to now go back and reopen a contract that both sides have already agreed is fair seems pointless on our end... We Local 1060 say that if the FC wishes to be part of the process, they are certainly welcome at the negotiating table from the start, but not after contracts have been fairly negotiated, signed, and ready for your approval. Please support the Airport employees, and say yes on Article 20. Thank you. Madame Moderator: Thank you... Okay... (Applause starting) No, please don’t... I think we’re ready for a vote on Article 20... The Motion is as made by Mr. Vaughn at the beginning of the discussion, and now shown on the screen... It requires a Majority vote...A Yes vote will adopt the Motion... A No vote will defeat the Motion...All of those in favor of the Motion, please say “Aye” Audience: (loud) Aye! 14 Madame Moderator: Those opposed, No? Audience: (softer) No. Madame Moderator: That motion carries... Yes? Excuse me? Okay... Mr. Kopko has requested a show of hands on the motion on Article 20.... So... Tellers? We’re starting against... So a Yes vote will adopt the Motion made by Mr. Vaughn, a No vote will defeat the motion... It requires a Majority vote... Speaker: Madame Moderator? Madame Moderator: Yes, Mr. Sanders? Sanders: Will a yes vote send the Airport back to bargaining, or will a Yes vote adopt the contract as it is right now? Madame Moderator: A Yes vote adopts Mr. Vaughn’s motion, which means that it accepts the contract as currently bargained... A No vote defeats that motion, and would, as I understand it, send the Airport back into negotiation.... So if you vote Yes you are supporting the Airport Commission, if you vote No you are not supporting their collective bargaining agreement...All those in favor of the motion, please raise your hands and keep your hands raised until the tellers have had an opportunity to count your vote...(Long pause) At the beginning of the meeting, I mentioned... the passing of Alan Brown, who was a long time participant in these Town Meetings, as was Toppy too, I have to say, these are voices that we’re going to miss hearing as we go forward... We also lost another very familiar voice at Town Meeting... and that was Mayor Mann... He made these meetings very interesting and sometimes difficult for me over the years but I have to say that I am going to miss that tenacity and that challenge... You don’t have to agree with me, but...On Article 20, the vote: Yes, 185... No... 75... Article 20 carries... (Applause...) Kopko: (Inaudible...) Madame Moderator: 185 to 75... Do you want to challenge the count? Kopko: (Inaudible...) Madame Moderator: Ms. Stover... Mr. Kopko believes there are more people here than the 260 votes... Stover: Not everyone votes... Madame Moderator: Not everyone votes... Okay... I also will tell you that it was pretty clear to me on the voice, so, sorry to say... Article 20 is adopted... Article 27.... Article 27... Oh, I’m sorry... Article 26... Article 26 was called by Ms. McWade,... It did receive a Positive FC Motion... There was a technical correction that I read into the Record at the beginning of the meeting... The FC’s motion, which was a Positive Motion, begins on page 23... The Motion, with the Technical Amendment is as printed in the Warrant with those changes... I’ll recognize Mr. Atherton for the purpose of making that Motion... Atherton: So moved, Madame Moderator. Madame Moderator: Is there a Second? ... Motion is Made and Seconded... Now I’m going to try something just slightly different with this one... I think, Ms. McWade, I’m going to go directly to you and see if we can get your question or comment.... Ms. McWade... Oh, there you are... Okay... Is there a microphone behind you? Next to you? Okay... McWade: Thank you, Madame Moderator... Alice McWade... Um, in reviewing the Community Housing portion of the CPC Article, I noticed that the Nantucket 15 Housing Office has... four separate appropriations... One of which, for $350,000.00 is for a Resource Center and two Affordable Units... among the other three are for more housing... I’ve watched the Nantucket Housing Office apartments homes go empty... or buildings, the homes, go empty for three or four months at a time... Two families moved off island this winter in 2007 from Nantucket Housing Office Properties... I’ve seen the rents increase, and the turnover in the newspapers is more frequent... The Nantucket Housing Office originated with Nantucket Housing Authority, and was supported by Nantucket Housing Authority, and for a long time worked out of NHA building... At that time the NHA also housed the Small Friends Day Care, which had 19 children in it... So now the Day Care has moved, that 19 children, that space where 19 children were is under the NHA as an office space... and it... it just seems hard for me to understand why the Housing Office needs a separate building when in the same Article, the Nantucket Human Service Center is a large office complex with Affordable Housing units that is just ideal for an entity like NHO that needs office space... I’ve... seen Habitat for Humanities request for funding be decreased repeatedly, and I would like to make a Friendly Amendment that $300,000.00 of the Housing Office Resource Center go to Habitat for Humanity for their houses. Thank you. Madame Moderator: Wait... I don’t think.... I don’t think they’re going to accept that as a Friendly Amendment... (Laughter) (Talking off-mike...) Okay.... okay... Ms. McWade, Town Counsel has just informed me that it’s not possible to reduce one person’s expenditure and increase another person’s.... All you can do is decrease the amount going to Nantucket Housing Office... Unless the Community Preservation Committee accepts the move of the $300,000.00 from the NHO to Habitat for Humanity, and... Are you willing to do that, Mr. Beaugrand? Beaugrand (off-mike): (inaudible) Madame Moderator: Okay, and they’re not willing to do that.... So your options are to proceed with the amendment by reducing the amount going to the NHO Housing Resource Center and two Affordable Units by the $300,000.00 or some other amount, or to withdraw your amendment. McWade: Well, in that case then I would like to propose an amendment that reduces the Nantucket Housing Office Housing Resource Center by $300,000.00.” Madame Moderator: To $50,000.00 dollars. McWade: Correct. Madame Moderator: And to change the totals accordingly. McWade: Correct, and I believe that $300,000.00 would probably go in the reserve fund for the Community Housing Bank if it wasn’t allocated elsewhere... And also, in that housing--- Madame Moderator: Okay, hang on... Is there a Second to that Motion?... Second? Okay... Motion is Made and Seconded. Go ahead, Ms. McWade. McWade: Well I’d also like you to consider the fact that in the NHO request, it also receives funding for their administrative costs, and prior to the 7 years, this is their 7th year to request funding... When it has asked for Seed money, and I think that Housing Office has really gotten the Lion’s Share of Affordable Housing from the CPC... I would like to see it distributed a little bit more evenly, and I applaud the Planning Department for taking over, or trying to, institute a cooperative effort with their department by having a Housing person in their department that’s paid, and I thank the CPC for supporting that. Madame Moderator: Thank you... On Ms. McWade’s amendment only.... Mr. Beaugrand? 16 Beaugrand: Thank you, Madame Chairman, Ken Beaugrand, Chairman of the Community Preservation Committee. I’d like to have everyone understand the process that the CPC goes through... Each year, in the Fall of each year, applications are submitted for the three different categories: Open Space, Preservation, and Housing. The Committee considers each of the applications. This year we had 29 applications, and the Committee then reviews each of them, meets separately with each of the applicants... The Committee then takes—this year we took approximately two months of public hearings in order to review all of the applications... We consider them very carefully and separately, and in order to come forward with recommendations to Town Meeting. This is the fifth year of funding requests that we have done with respect to the monies that are available to the Committee for allocation to be approved by this vote of Town Meeting. We strongly feel that the recommendations that we have made are appropriate, and we ask that you support the recommendations of the Committee...It’s a nine-member committee, two of whom are elected by the public, and seven of whom are appointed according to the statute creating the committee, representing the various different elements and segments of the Town. So I respectfully ask that you vote no with respect to the amendment, and move forward with the recommendation of the Committee as endorsed in total by the Finance Committee. Thank you. Madame Moderator: Okay... On the Amendment only... Okay, this Amendment.... Ah, yes, Mr. Markovitch... Mr. Goodman, could you hand Mr. Markovitch your mike? Markovitch: Aaron Markovitch, Executive Director of the Nantucket Housing Office... I’m sure- I won’t belabor the point, because I think Ken makes a good point, that this nine-member board has to spend quite a bit of time reading applications, making decisions, asking questions.... The Housing Office goes in front of that particular board, discusses the issues, and then the CPC makes the decision to approve or not approve a particular grant... and they do spectacular work. I can’t say enough good things about the CPC... so in terms of this amendment, I won’t push that point a little bit further.... But Ms. McWade provides me with the opportunity to be able to talk about what the Housing Office does, and I think it’s very important that people know what goes on there... because we do have several different grants... What you can see are the construction of Affordable Housing units... There are four affordable housing units there, not to mention the Operating Income, which helps provide staffing support for things like the Housing Needs Covenant... for the creation of more affordable units throughout the island... Ms. McWade brings up the point of, why not just be in the Human Services Complex? While we support the Human Services Complex, we have a very large stock of affordable units, 24 affordable units, and we now are managing the NET units... that’s 36 total units that we Property Manage... and that property management requires a certain amount of space to do all that work...space that’s not built into the Human Services Complex. And, again, we do support the Human Services Complex...She brought up that there were vacant units throughout the year, and that people had to leave the island, and of course, we all understand the need for affordable housing on this island, and we want to keep people here. There were several units vacant this year... we do acknowledge that... That’s because we went on a major campaign this year to renovate several spaces... As you know, these houses get moved to new spaces and put up, and some of that work had to be carried out this year, so there was a great deal of work including, a pipe burst... So, yes, I hear what you’re saying. Mrs. McWade, but we’re doing a great deal of work, we’re excited about what the Housing Resource Center is going to be, and I only can piggy-back off of Ken in terms of saying, Please turn down this amendment. Thank you. Madame Moderator: Thank you... Is there anyone who wants to speak in favor of the amendment? Yes... Ms. McWade, I’ll let you speak one more time and then we’re going to go to a vote. 17 McWade: Thank you... Well I’d just like to say that the Nantucket Housing Authority has I believe a comparable number of units to the Housing Office, and for a long time, while those 19 children were in the day care, they operated actually both entities for a long time, operated out of the same small cubicle. I feel like it’s a big wish list, and if you can put anything you want on your wish list and get the answer as yes, then why not put it on... I just don’t think it’s the best use of the funds. Thank you. Madame Moderator: Thank you... So... Are you in favor of the amendment, Mr. Cohen? Can we just vote on the Amendment? Thank you...Um, what we’re voting on now is Ms. McWade’s amendment.... The Amendment would reduce the NHO Housing Resource Center and two affordable units by $300,000.00, which would decrease the amount from undesignated reserve balance fund by $300,000.00 to ... $322,564.00. A yes vote will adopt the Motion, a No vote will Defeat the Motion... All of those in favor, please say “Aye.” Audience: (soft) Aye! Madame Moderator: Those opposed, “No?” Audience: (loud) No! Madame Moderator: That Amendment does not carry. We’re now back on the Main Motion as made by the FC, as effected by the Technical Amendments... Seeing no hands, I think we will go directly to a vote on this Motion...l. It requires a Majority vote... All of those in favor of the Main Motion as affected by the Technical Amendments as made by the FC, please say, “Aye.” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” (Silence) That Motion carries unanimously... Okay... Article 27... Article 27 received a Moved that the Article not be adopted recommendation from the FC... It has been called by the sponsor, Stephen Thoreau, and he has the following motion... Moved that three million, six hundred thousand dollars ($3,600,000.00) be hereby appropriated to be spend by the Town Administrator with the approval of the BOS and the Nantucket Land Bank Commission for the purpose of constructing a 15-acre Sports Complex as defined-- (tape end) (Tape resumes) Madame Moderator: I really appreciate your patience while we get this language correct... After we finish with Article 27,that will bring us to Zoning, and, Mr. McLaughlin, are you up there? Okay... I just want to let everyone know that after we finish with Article 27, Mr. McLaughlin is going to make an Amendment... not an amendment... he’s going to make a Motion after Article 27, and the idea of his motion is to Move all of the called Zoning Articles, which is Articles 30, 31, 35, 40, 41, 42, 44, 47, 49, 50, 51, 52, 53, 55, 56, 61, 62, and 64, to the end of the meeting, so that the other articles can be heard before, so that the other called articles can be heard before zoning... Is that going to be the Motion that you’re going to make, Mr. McLaughlin? Okay... So I just want to let you know that that’s coming, so that if that’s something that interests you, you don’t leave during the discussion of Article 27...(Pause)... Okay, Mr. Thoreau, do you still have your microphone? Okay... Hang on to it, we’re about to- We’re about to beam you up... Okay, here we go... this, hopefully, will do it... Move that three million, six hundred thousand dollars ($3,600,000.00) be appropriated to be spent by the Town Administrator with the approval of the BOS and the Nantucket Land Bank Commission, for the purpose of constructing a 15-acre Sports Complex, as defined in Plans and Drawings prepared by Gail Associates Engineers on file with the Park & Recreation Commission on Land Bank property 81 Milestone Road, Map 69, Parcel 1, provided, however, that the Land Bank leases or licenses the land to the Park & Recreation Commission, and provided that the Park & 18 Recreation Commission is to appoint a committee to make recommendations to the Park & Rec Commission relating to artificial field surfaces and other aspects regarding the project, and to meet this appropriation, the Treasurer of the Town, with the approval of the BOS as authorized to borrow $3,600,000.00 and to issue Bonds and Notes of the Town, therefore, provided, however, that this appropriation shall not take effect unless the Town votes by ballot, a Debt Exclusion Referendum question exempting the Principal so borrowed and interest from the limitations on taxes of Proposition 2 ½ so called, pursuant to General Laws Chapter 59, Section 21-CK... Is that your motion? Thoreau: Yes, Madame Moderator. Madame Moderator: Thank you. Is there a Second?... Motion is Made and Seconded. Mr. Thoreau.... Thoreau: Thank you... For those of you who don’t know me, my name is Stephen Thoreau. I’ve been a member of our community for 22 years here in Nantucket, I have been coaching youth sports for the last ten years, for various organizations, such as Little league Baseball, Nantucket Youth Hockey, Nantucket Student Soccer Association... We would like your consideration in passing this Article for the youth in our community... You ask yourself, Why do we need new playing fields? We have two goods one out at Delta... Well, the truth be told, the two fields at Delta are in tough shape... Due to the amount of use that those fields get, and the lack of rest and the numbers of playing times, we cannot keep up with the demand, and the fields are falling into an emergency state of repair. Currently, there are almost 5,000 total hours of field usage being played on two flat fields at Delta, and three at the school. Based on those numbers, and with the increase of students in our community, it would take almost nine playing fields to meet the need... When you consider 34% of your student population currently plays on a flat playing surface, those of you who have been to the Delta fields understand the incredible amount of use that those fields get. If you have been there on a Saturday, you have probably witnessed soccer game after soccer game after lacrosse game, and other various youth sports going on, one right after the other, without the fields having a chance to rest. You’ve probably witnessed times where games had to be cut short because time went over on one game, and another organization was waiting to use the field, and their time was being cut short because things ran over. All of your youth sports, our numbers are increasing, and we need the proper playing facilities to give all of our children a chance to experience sports in our community. Currently, there are 15 different user groups who would take advantage of use of the Delta fields, and the fields that are at the high school. The Park & Recreation Commission turns away countless requests for additional groups to use the field, because they simply do not have the playing field space in order for those groups to use the field. This new Field Complex would provide four new fields out across the street from the Delta Fields on Milestone Road, and Nobadeer Farm Road. With the construction of these fields, it would then allow one of the Delta Fields to be turned over to Little League, so that they could expand their growing numbers as well. All the sports in our community, the children’s numbers are increasing, Little League has gone from 150 students to almost 350 players in a matter of three years... The site was chosen, the Land Bank will lease the property to the Commission for the project... The plan was submitted by Gail Associates, showing the construction and the layout of the facility...with natural buffers and vegetation placed around all sides to protect it from the streets and public view, and to allow proper access and gated entry for the Park & Rec to maintain the fields properly, and for safety for all our sports groups to participate... The financial cost to you is roughly one cent... over a twenty-year period, I believe... and with that cost, I think it’s a pretty low figure to go out there and to support the children in our community... You ask yourself, why our children are behaving the way they are... We need better sports facilities... We need more opportunities for our children to go out and participate through sports is a good outside way to do so... and it is time, really, to invest in the youth of our community through this Complex.... Thank you. 19 Madame Moderator: Thank you. On Mr. Thoreau’s Motion... Ms. McWade.... McWade: Well I want to applaud Mr. Thoreau for doing that Article, and all the effort he’s put forward... I’m in favor of the fields... I would encourage you to... everyone to vote in favor of them also... I just um, wondered, is it possible to make a Friendly Amendment to his language? It was only in the very beginning of the Amendment... it referenced the monies were to be spent... um, appropriated, spent by Town Administrator with the approval of the BOS and the Nantucket Land Bank Commission... could the Nantucket Park & Rec Commission be put there, any way, also? Madame Moderator: I think, Mr. DeRensis, that what Ms. McWade is asking is that the money be spent by the Park & Rec Commission.... McWade: In addition to those you’ve listed.... Madame Moderator: -- with the- instead of the Town Administrator, be spent by the Park & Rec Commission, with the approval of the BOS and the Nantucket Land Bank Commission... Or is that not....? McWade: -- I’m not excluding the Town Administrator in any way... Madame Moderator: Okay.... McWade: I just would like to have the Park & Recreation Commission included in that process... Madame Moderator: Okay.... Okay.... How ‘bout this... To be spent by Town Administrator, with the approval of the BOS, the Park & Rec Commission, and the Land Bank Commission... Is that acceptable to you, Mr. Thoreau? Thoreau: Yes, Madame Moderator. Madame Moderator: Thank you... Okay... So we’ll accept that as a Friendly Amendment...and is there anything further on this Motion?... Yes, Mr. Miller, and then I’ll come up to you, Mr. Keyes. Miller: I just, um, would like to point out that, it’s not as if we’re not spending a lot of money already on playing fields... Earlier tonight we approved Article 10, that had $400,000.00 in it for playing fields for the school... Moments ago we passed Article 26, which had $500,000.00 in it for playing fields... I believe similar amounts were appropriated last year for playing fields, and I think it’s reasonable to expect that in the future the CPC will continue to provide those kinds of funds, as will the Town, to the school. I think our position is, what’s the hurry? There’s been a remarkable lack of coordination between the different groups who are trying to move ahead with these projects, and we thought it would be a pretty good idea, before we spent another 3.6 million in addition to the million dollars a year we’ve been spending that perhaps there could be something resembling a plan so we would know what we were buying. So, we all think it’s a great idea, we all know we need the fields, we’re going to get ‘em, it’s a question of whether we rush into it, or whether we do it in a measured way over the next few years. Thank you. Madame Moderator: Thank you... Ms. Williams... Oh and then, I’m sorry, I did say I’d come back to you... Okay... Williams: As a parent of a bunch of players that have played on every field in Nantucket, as a coach of a U-11 girls soccer team, as a member of the Nantucket Student Soccer Association Executive Board, a Referee, and an Umpire, I’ve spent some times seven days a week out at those fields... As far as... let me address something that Mr. Miller just said... There is a rush... It takes several years to establish these fields to the point of where they can handle being used seven days a week for four 20 or five hours... That’s what the rush is... We don’t have access to the school fields... the youth programs don’t have access to the school fields on a regular basis, so it’s not a question of coordination... There simply is not enough room... There are six soccer teams at the high school and middle school levels, when there was one five years ago... They’re using all the fields... They have lacrosse, girls and boys at the school... There’s no room... We have spent a lot of money, more than what they’re asking for these fields, to purchase open space and restrict open space... It’s about time we took that energy and put it towards doing something for the youth of Nantucket... The Lacrosse League, the Soccer leagues, there’s... I can’t even tell you how many teams are out there... Today I was out coaching my team, and there were five separate soccer teams on those fields... two fields... and they were torn up... and I’ve never seen them this bad... That’s what the rush is... We need to start doing something for the people here and not just preserving Open Space... It’s an ideal location... It’s on the bus route after school... There’s already fields across the street... And as an Umpire and a Referee, I’ve seen balls from the Little League sail into an active soccer game and almost hit players... I have seen soccer balls sent into the Little League fields... We need some separation, and we need some more space... I urge you to finally do something for Nantucket’s youth, and I think in the last year we’ve seen that the kids need stuff to do that’s healthy and active and outside. Thank you. Madame Moderator: Thank you.... Thank you.... Yes... Um, the woman up behind Ms. Williams... Bissinger: Yes?... Anne Bissinger... I just have three questions...Number one, has Park & Rec coordinated with the schools? And to what extent, aside from knowing that the schools has use of the fields here? Number two, the funds... how have you raised... How will the bond issue... I’m interested in how you arrived at the Bond Issue amount, and the interest on the Bond issue? Number two, the sixty thousand dollars for maintenance of these fields once they are built, seems low to me, if the Park & Rec are already having trouble funding the maintenance of the fields they already have... They obviously are not spending enough, cause they’re not being maintained... And number four, is there any way the project can be phased? Madame Moderator: Thank you.... Mr. Thoreau? Thoreau: Thank you... The answer to Ms. Bissinger’s question is, yes, the Park & Rec Commission has been in contact with the school... working out plans, as you can see here, there, uh, take into account the three schools of the field... and with their programs there are still not enough playing fields to go a round to support everything... The reason why the maintenance is an issue is that, basically, the fields are way overused... The Park & Rec Commission cannot keep up with the maintenance of the fields because there’s no rest time... There are supposed to be two 550-hour periods that that field can handle a year, so you’re looking at roughly eleven hundred hours per year per field... that’s 2200 hours, and we’re using them well in excess of 5,000 hours... You just can’t keep up with that kind of use... There’s just no way... On those two fields... And even with the fields at the high school...they are torn up from soccer, lacrosse, they can’t properly maintain those fields without adequate rest... Madame Moderator: Thank you... I’m going to go to this gentleman there... (Off-mike) I didn’t....get to answer...(inaudible) Madame Moderator: Well, that’s life, sometimes, Annie....(Laughter) I’ll try to come back to someone else who can answer some of the other questions...The gentleman in the second row of the second section, yes... Go ahead and stand up, we’ll get you a microphone... Speaker: Thank you, Madame Moderator... Richard Brannigan... Vice Chair, CPC... Uh, to answer a couple of questions here tonight, I fully support the expansion of the fields that Steve has presented here, that’s combined with the Park & Rec and the 21 CPC initiative... Uh, to answer Mr. Miller’s question, uh, suggesting that the Park & Rec will come back to the CPC in future years to phase this in... Well that’s all well and good if the CPC is going to have those funds available... Uh, the reason for the technical amendment that you just saw on the CPC Article was the state is reducing it’s 100% match for the first time ever, so this year, instead of getting a 100% match, we’re only going to get a 65% match... That’s the CPC financial question... So maybe the money’s not going to be there... In addition... We have no idea who’s going to be applying for our monies in future years... I’d like to recall a brief letter that was in the Park & Rec submission to us this year... This letter is dated June 16th, 2000... “At it’s meeting on June 14th, 2000, the Board of Selectman voted to support the expansion of the youth fields in concept. The Board’s full support for installation and operation of the additional fields would be contingent upon available funding. Please keep us apprised of your efforts.” Well here we are, eight years later. We need fields. The children, the programs, need fields. The community has grown, the programs have grown, and there’s just not space available for our children to play... So, with that in mind... You got a program now that is a wonderful collaboration of multiple agencies... You’ve got the CPC in support... You’ve got the Land Bank in support... The land is free... There’s no cost of the land... Alls we’ve got to do is to come up with a twenty-year bond at a moderate expense to us all in order to support this project, and then we’ve got space for our programs, so I fully support this article by Mr. Thoreau. Thank you. Madame Moderator: Mr. Brannigan, before you put the microphone down... You answered the phasing question... I’m not sure where the $60,000.00 figure came for field maintenance, but can you explain that...? Brannigan: I- no I can’t explain the $60,000.00 field maintenance, that’s probably a Park & Rec question, and the field maintenance... I don’t know... I don’t know the answer to your question, Madame Moderator... Madame Moderator: Okay... Thank you... Mr. Murphy? Murphy: Uh, Kent Murphy... I’m also in favor of this Article. I fully support it. I’d ask for your support tonight. I’ve also got several children in the soccer program... I think this is very similar to the Safety Complex Article...we had a little earlier this evening... That this is an article, an appropriation, that is long, long overdue... People have thought this through carefully, it’s a piece of Land Bank land that the Land Bank has thought through... As you know, they don’t give up their land very easily, and I would ask you to support this article... It’s gonna be, for some of the same reasons that you have supported the Safety Complex, the time to do it is now, the funds are there... the land is there, the costs will never be lower, and the need will never be greater... I’d ask you to support this article. Madame Moderator: Thank you... Ms. Culbertson... Culbertson: Thank you... I think what bothers me the most, and I’ve talked about this at a Zoning Board of Appeals meeting on another development the Land Bank is doing or leasing, with regards to paddle tennis, is that this is Land Bank land... and I wish I brought the Land Bank mission statement, but this goes really against what their mission statement is about conservation... and they do allow recreation in their mission statement, but it’s passive recreation... This is a development... This is going to be a large parcel that’s going to be basically stripped. All the trees are going to be gone, it’s going to be very visible... I jut want everybody to be aware of that... I think it’s needed for the kids, but I think that we should take time and look a little bit further around the island and find a better spot than take 18 acres that’s just forested and make it just raw field. Thank you. Madame Moderator: Thank you.... The woman... Yes... There’s a microphone coming right up behind you... 22 Beaton: Cheryl Beaton... Uh, first I wanted to ask... How much of this field is actually going to be slated for the adult league, and not the children of Nantucket? And also I’d like to say that I agree with the comments of the woman that just spoke... I’ve done a lot of documenting plants around Nantucket, and I know that there are many listed plants on this piece of property and I’m not sure how it’s going to get... National Heritage... sorry... whether National Heritage has given their stamp of approval for this yet, anyway... I just think that I’d also like to find out if they’ve done any exploring on other parcels of property, and whether they really need that many fields right now... Thank you... Madame Moderator: Thank you... Okay.. Um, Ms. Voges.... And then I’m going to go back up to you Mr. Thoreau to answer some of these questions I hope.... Voges: Connie Voges, Finance Director... Just one point of clarification... Um, I think both the proponent of the Article and I used a 20 year estimate for bonding on this project... um, because it is development of playing fields it’s probably either fifteen years or five years... which would not change the- it would change the tax effect- it would make it a little bit higher for a shorter period of time.... Madame Moderator: Thank you... Mr. Thoreau.... Thoreau: Thank you... Uh, to answer the question about National Heritage... Yes, they have been notified... Gail Associates, the architects working with the Park & Recreation Commission in creating these plans have gone through all of the proper channels, both on the local and state level, to receive the necessary approvals to build this project for our community. Yes, this is for the youth of our community, but it is also for our community... We cannot discriminate as to who would use the fields... The Park & Rec has the authority to accept who can use the fields and who cannot use the fields under their jurisdiction. But the main focus here is to provide these playing fields for the youth, whether it’s a 15-year or 20- year bond... Like Mr. Murphy said, the time is now to invest in your future of the youth that are here now... two years, four years down the line, we’ve already been at it for eight years, the Park & Rec has been at it, going through the proper channels to get it done... We need to do it... The costs just keep escalating as you know. The cost of it today will not be the cost of it tomorrow, or the year after that... You know the situation here in our town. You know what our children are going through. You read the same papers that I read. You ask the same questions that I do. Sports is the outlet to get these kids, um, playing and utilizing outdoor activity for better health in our community. Madame Moderator: Mrs. Atherton. Atherton: Thank you. Yes, D. Anne Atherton. Just a point of information. Did this project come before the Capital Program Committee, when it was considered with other Capital requests? Madame Moderator: Mr. Atherton. (Laughter.) Atherton (Mr.): What’s so funny? D. Anne... should I speak to you? The project was requested I believe by the Park & Rec Commission and in the Capital requests presented to the Town by all departments... It’s first reviewed by the Town administrator, and from there it goes to the Board of Selectmen, and from there it goes to the Capital Program Committee, and from there it comes to the Finance Committee, and then it comes to you. Now that’s quite a long process... In fact, it didn’t make it through the first cut. Now, my own sense of this is that the FC is all in favor of fields, also, we’re just asking that, at least from our perspective, and, talking to Town departments and to the schools, there’s a lot of money going towards fields. I believe we appropriated, what, a million and two-hundred thousand a year or two ago for fields at the schools... We had some more money last year... Uh, we’ve talked about the money coming through the Community Preservation Fund, and now we have 3.7. So, you add that all up, it’s a fair amount of money.... I suspect that we, um... our perspective is that there are 23 somewhat, let’s say two issues as I see it... one, the... support coming through the Park & Rec is a little different than when it comes through the schools. I’m not sure how much real cooperation there is. I have raised the question in my own mind, for example. We were talking about artificial turf, as one of the solutions, here. I wouldn’t be surprised if the school feels we might have artificial turf at the schools... Maybe we only need one community artificial turf surface... I think if we had a community wide group, seriously, under the... force to the two parties to get together and put the plan together, we might all be very happy to appropriate the 3.7, but subject to a plan that was community wide and understand the limits and how much our fields will cost us over time, cause this is just one phase. I suspect we’ll hear more from the schools in future years. One other thing about this process... Once a project does go outside the sort of Capital Program Committee it loses the ability to compare it to other requests... There are a number of other needs that the community has...The Atheneum, for example, requests funds to maintain its structure... The schools request funds for operating expenses... So there are lots of other things to consider... And that’s one of the risks of sort of going outside the process, is you don’t have that ability to compare them... So, I just try to help answer some of the questions from our point of view, as we face the question as the Finance Committee... Good luck. Madame Moderator: Thank you... Mr. Young? Young: Thank you, Madame Moderator, Harvey Young... Um, I don’t see many children here tonight... but I spent a lot of time in this last year in this very same room with the children of our town, and it was a hell of a year... I think, uh, you talk about playing fields, and playing games... I think we should stop playing games with our children... We should vote for this and move forward. Thank you. Madame Moderator: Thank you... (Applause.) Ms. Zota? Zota: Maria Zota, I’m on the Park & Rec Commission... And I wanted to see if I could answer a couple of the questions that came up. People talked about... stripping the land, and, through the plans, we have a fifty foot vegetation abutting the fields... There’s a 200 foot buffer zone set-back on Milestone Road... The issue of maintenance... That figure was... given to us by our Property Manager, Charles Bartlett, that’s for maintaining those four new fields appropriately.... with the current staff that he has... It will be a gated, locked area that we can take better care of than the open-ended fields we now try and keep secure... The vast majority of our participants are our youth, but we do have an Adult Soccer league, we’ve had women soccer players who have wanted to come to us for field space, we don’t have it... Um, what we’re trying to do is to create areas to keep our community, both adults and our children, healthy. We’re asking for your financial support. You have my pledge that the Subcommittee Task Force will be put together by responsible people who will create an efficient, safe facility for the community of Nantucket. Thank you. Madame Moderator: Thank you... Yes? Speaker: Thank you, Madame Moderator, um, my name is Michelle Whalen, and I just have a question for Mr. Thoreau... I’d love to support this article, but my concern is, when it comes to the crumb rubber fields that were, I guess, spoken about at different meetings as a possibility... and there was the amendment made to have a committee appointed by the Park & Rec... Who would be on that committee, and how would there be any kind of environmental impact study done, because we have a sole-source aquifer, and these crumb rubber fields have been... questioned by some. Madame Moderator: Thank you... I believe, Ms. Zota, that was something you were touching on when you were speaking, so maybe you could elaborate... Zota: Am I loud enough? I’m usually way too loud. The Town of Wellesley just... we’re going to probably follow suit with what they did... They had an extensive 24 Task Force Subcommittee, and we’re looking for people that have the time and the expertise to investigate... there’s two kinds of artificial turf... one of them has chrome rubber... and the other one- I’m a layman, but it’s more of a plastic- it doesn’t use that facility... So we’ll have to look at all those options, and that Subcommittee will make recommendations to the Park & Rec Commission, who will see the project through to fruition, so... that’s pretty much where we’re at right now... and we know that there are concerns, and we’re not going to do anything that would hurt the environment, or would hurt your children. Madame Moderator: Mr. Thoreau, did you want to follow up on that? Thoreau: We are looking for community involvement. We are looking for volunteers such as yourself. I have spoken at length with Mr. Trampost... He has been a leader in making sure the information gets dis--... uh, put out to the public regarding the hazards of the crumb rubber... We want to do the right thing... We want to set up the Committee... we want to study the issue... We want to make the best solutions... I’m not here to pollute our environment... I’m not here to pollute our water... I’m here to help our children become healthier and active through sports... If you want to be interested, volunteer through the Park & Rec Commission, get on the committee, and oversee part of this project, so that these issues get resolved in a safe manner. Thank you. Madame Moderator: Thank you. Mr. Stackpole? Stackpole: Thank you... John Stackpole, Chairman of the Nantucket Land Bank... We didn’t enter this quickly.... We spent some time looking at what was needed for the Town... as you know... in addition to passive recreation, we do supply beaches for boating and fishing and swimming and whatever....;we supply a golf course... we supply many, many walking trails... the Land Bank Commission was unanimous in thinking that this was very important for the youth of Nantucket. We have done the studies...In addition to the property we’re giving for the recreation, we’re also setting aside about triple that amount of land for endangered species... There are some moths there that people are concerned with, there are a few plants, we’ve done an extensive study... but I think this is very, very important for the youth of Nantucket...and we could spend 3.6 million doing this, or we could wait eight more years and spend 6 million dollars... or we could give Chief Pittman another million to make more youth detention facilities, cause we need things for our kids to do. Thank you. Madame Moderator: Thank you... Is there anyone who hasn’t spoken? (Applause.) Mr. Murphy? Murphy: I move the question, Madame Moderator. Madame Moderator: Aha... Mr. Murphy has Moved the Question... Mr. Murphy’s motion has the effect, if passed, of ending debate... It requires a two-thirds vote... A Yes vote on Mr. Murphy’s motion to move the question would end debate and then we’d go to a direct vote on Mr. Thoreau’s motion with Ms. McWade’s Friendly Amendment... A No vote would defeat Mr. Murphy’s motion, and we’d continue the debate on Mr. Thoreau’s motion... So Yes ends debate... No continues debate....It requires a two-thirds vote... all those in favor of the motion, please say “Aye!” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” (Silence.) That motion carries unanimously. On Mr. Thoreau’s motion... Let me just confirm, is this two-thirds? Okay... It requires a two-thirds vote... A Yes vote will adopt Mr. Thoreau’s motion with the Friendly Amendment that’s as up on the screen.... A No vote will defeat that motion... All of those in favor of the Motion, please say “Aye!” Audience: (loud) Aye! 25 Madame Moderator: Those opposed, “No?” Audience: (soft) No... Madame Moderator: I declare that passes by two-thirds... (Applause.) Mr. Madden? I believe Mr. McLaughlin has agreed not to go forward with his motion... thank you, Mr. McLaughlin. So we’re going to go to Article 30, but before we do, I want to say that Mr. Kopko has been vindicated... The Town Clerk, during our discussion on Article 27, went back and re-added the vote tallies on Article 20, and found that unfortunately the derelict adding machine which she was using, which was borrowed, I’m afraid to say, from the Police and Fire Departments (laughter) did not properly add the numbers... the vote didn’t change, but the tally did... Instead of 185 yes, 75 no, the vote on Article 208 was 308 Yes, 185 No, for a total of 493 votes, which is significantly closer to the 545 voters that we had at around 7:30 p.m. when the tellers gave me their count. So, that is your new official count on Article 20... The adding machine has been sent home, and a new adding machine has been acquired, and is now functioning, we hope, perfectly. I’m going to turn this over to Mr. Madden for the purpose of doing Article 30. Bye-bye... Madden: So it takes a simple majority to amend, and two-thirds to pass? Madame Moderator: Correct... Mr. Moderator (Madden): Great...(Pause) It’s always nice to be validated at Town meeting, don’t you think, Selectman Kopko? Validation’s a good thing... Uh, we’re going to do Article 30 now. It starts on page 48 in your book, but I would suggest that you turn to page 50, and we’ll go to the Planning Board Motion, The Planning Board has a positive motion on that, and I would like to recognize the Chair of the Planning Board for making that motion. Mr. Spriggs, is that your motion? Spriggs: That’s my motion, Mr. Moderator. Mr. Moderator: Is there a second? Motion’s been made and seconded... With that discussion... Mr. Cassidy, I believe you called this article, would you like to address it first, please? Mr. Vorce is giving you the first shot at it, thank you. Cassidy: Thank you Tim. Or thank you, Andrew... I have a couple of questions about this. Number one, I believe that the property initially indicated for conversion here was substantially larger than this. Can anybody answer that? Mr. Moderator: And just so you’ll know... I appreciate you allowing me to waive the reading of this article. It is a zoning article and it’s quite lengthy. But with that, if anyone has any questions, go ahead. Andrew? Vorce: Thank you, Tim. Andrew Vorce, Planning Director. Mr. Cassidy, the original article was in fact larger, and several properties were removed. On the map that’s before you, to the right, to the far right in the LUG-3 area, a portion of property totaling 15.86 acres was removed from that, and that was on property that the Hunting Association has a lease covering... Also, there was some property removed in the area of Arrowhead Drive... oh, thank you very much... sorry, just give me a minute, here (he adjusts new mike) Mr. Moderator: Did you get that from the Fire and Police Department as well? Vorce: Yes... Another model. (Laughter) Thank you very much... The parcel that I had referenced that had been removed is located right here... And then the other area that was removed is located here on Arrowhead Drive... and partly here on Sun Island Road... uh, those were removed for further study... 26 Cassidy: Okay... Um, I live at 52 Maddequecham alley Road, so I pass through this area every day. I want to applaud the Planning Staff and Planning Board and so on and so forth for recognizing the need I think to probably create some more commercial property, at least contiguous, as well as the Reis Family, I think, for recognizing that possibly their use has outgrown, or the neighborhood, I guess, has outgrown their current facility and further down the pond. I have a question about how this article ties in with 31 and 122... the disposition of this real estate.. I would be interested in how that transaction is going to be structured, and if a value has been ascertained on this particular 15.86 acres, as well as, will there be any buffer for the existing Maddequecham Valley Road that goes through that? Mr. Moderator: Andrew...? Vorce: Thank you. I want to respond first to the issue of: will there be a buffer? And the answer to that is, Yes, there will, along Maddequecham Road. It’s a discussion that we have had with the Selectmen, that it’s important that at least the road, Maddequecham Road, which is running through here, that there be a buffer at least on both sides of that road, so that road at least retains a wooded area on either side, and that there would be fencing beyond that.... In terms of the other question about what specific provisions that the BOS would put in as part of the negotiation on 122, that I really can’t respond to... An appraisal is being created, and much of that is still under discussion... So I think it’s important to separate the zoning from that article... Perhaps, when we get to 122, there might be a further discussion on that... Zoning cannot be tied to that, however, either it’s... that would amount to what’s called Contract Zoning... And here I’m really hoping that people support this article and at least put the zoning in place. Thank you. Mr. Moderator: Thank you, Andrew. Anyone else have any questions?... Seeing none I believe we’ll move to a vote. It does require a two-thirds vote... I’m sorry... Oh, I’m sorry... Yes... Mr. Cohen... Cohen: My name is Steven Cohen, I’m an attorney, and I have more than one client that has an interest in this article, but I think what people need to understand is the creation of this Industrial Zone solves two problems: one, it gets... it creates a home for new Commercial Uses, but it also creates a home for the current Commercial Uses that are in Residential areas and in environmentally sensitive areas... It gives them a place to move... Right now, there’s no place for them to move, and no place to give up their grandfather-ing in these neighborhoods and along ponds and in places like that to get out... And since this zone was created ion theory, two major commercial operations have been negotiating with the Town to possibly move into this land... One of those is Reis Trucking, and another one is Barrett Enterprises... If this passes, then the Town will enter into negotiations to... get Mr. Reis’s properties- operations- off Miacomet Pond, and off 57 and 59 Surfside Road, over by the schools and the hospital... And the Barrett’s are over at Somerset Road, near the cemeteries... Creating a home for them, and anyone else who wants to enter into the same kind of negotiation is a win-win for all of us, and I encourage people to pass this. Whether or not, uh, what value would be assigned to the land and how much land people would get, and what would happen with all that is done through a separate, public process called, under Chapter 30-B... and anyone who has any interest in that can participate in that bidding process... There’s no Sweetheart Deal involved here... There’s no guarantee that anyone gets any land... It’s a public bidding process, and anyone who wants to participate can, and anyone who wants to challenge it can... All we’re doing here is saying, Yes, we want to create a home for those activities that’s not near where people live and where our sensitive environmental areas are. Thank you. Mr. Moderator: Thank you. Anyone else?... Seeing no one I will move to a vote. All those in favor of Article 30 as recommended by the Planning Board, please respond by saying, “Aye.” Audience: (loud) Aye! 27 Mr. Moderator: Those opposed? (Silence) I think we need a hand count- no! We’re good. Thank you very much. Motion passes. I think Sarah was hoping for a longer break, I guess. (Laughter) It was good news about the ball fields, huh? (Laughter) I especially like the vista of a ball field, so if you can believe a little bit of a view to the ball fields would be good... Yes, Andrew, are you asking me to go on to 31? Okay... I wasn’t prepared... We’ll move on to 31... Vorce: Mr. Moderator... Article 31 is basically not needed in light of the vote on Article 30, so I would make an amendment that this article received a motion Not to Adopt. Mr. Moderator: Okay, so you’re changing the Planning Board recommendation, and we’re recommended that it not adopt this motion... Is there a second? Motion’s been made and seconded. Any discussion? Seeing none... It requires a two-thirds vote, all those in favor, say “Aye.” Audience: (Loud) Aye! Mr. Moderator: Those opposed? (silence) Maybe should do the rest of the articles... (laughter) I know she’s in the building... Her daughter’s still here. (Laughter) I’m done... We did 30 and 31. Madame Moderator: Excellent. Yeah! Thank you Tim! (Applause.) Alright-y... I should have stayed out there... So... 35... 35 appears on page 57 of the Warrant... and I really want to say how much I appreciate Time being able to step in for me...He’s been a terrific sport and he does a great job and he never complains... and it’s fabulous, so thank you, Tim... Zoning map change... (small applause) You know, Catherine, we don’t approve of clapping... Move that the Zoning Map of the Town of Nantucket currently be amended by placing the following properties in the Residential-Commercial-2/RC-2 District, and the Residential- 10/R-10 District... and then there follows a list of properties... all is shown on a map entitled Warrant Article 35, 41-81-D Master Plan Development RC-2 to R- 10... Somerset Road, dated January, 2008, and filed here with... at the office of the Town Clerk. I recognize Chairman of the Planning Board, Mr. Spriggs, for the purpose of making that motion... Spriggs: So moved, Madame Moderator. Madame Moderator: Is there a second? (off-mike) I second. Madame Moderator: Motion is made an seconded... Now I think, uh, it was Mr. Borgenson who had a question about this article, so I think I’ll go to him first... Is he here? Yes... If you could stand and take a microphone, I’ll get your question and we’ll see if we can get it answered... Borgenson: Thank you very much. My name is Brian Borgenson... I own the third lot in 101 Somerset Road... As you can see, I own the smallest house... in that whole area... It’s a tiny house... It’s 646 square feet on the ground. It has two bedrooms. Um, I obviously can’t afford to live here... I live on my Charter boat for 7 months a year and rent my house out... I bought this land in RC-2... in order to be able to subdivide my lot... I wanted to do that so I could raise a family here, and be able to be a part of the community. I know a lot of you members here, I’ve coached your kids in Little League, I’ve taken you fishing. I’m a part of this community... and if this gets changed to R-10, I won’t be able to subdivide my lot, because R- 10 is a 20,000 square foot lot... It’s 10,000 square foot each lot... My lot is 19,995 square feet... It’s kind of a sick joke... I went down to the Planning Board and talked to Mr. Vorce and he told me, my options were that I could put a duplex on my property, and condo my lot, or when R-10 passes, I can put a second dwelling... and I’m allowed to cover 25% of my lot... I have basically a 20,000 28 square foot lot, so I can cover 5,000 square feet... You can see how small my house is... My second dwelling is basically going to have to be a dorm housing in order for me to live here... I’m a part of the community... I’ve been here for 12 years... I’ve been here for 12 Marches... I scallop... I’m one of the only remaining fishermen that fish year-round on this island... If you change this zoning right here to R-10, you can guarantee that I will have to move off-island... I can either do that or sell my house and throw my hat into a 40-B... I’m not saying that I don’t agree with the Planning Board in keeping the structure of the neighborhood and keeping the integrity of the neighborhood... But there has to be a compromise between the RC-2 and the R-10 lot... R-10 means basically I have to have renters my whole life... RC-2 means I could make an Essex Road... I think that’s what they’re worried about. Don’t punish me for Essex Road. I could have bought a lot on Essex Road when I bought my house... I could have bought two lots on Essex Road and put two duplexes up there, and had rental properties, and scraped the island, but I didn’t... I could just make what I make and rent a house and apply for a 40-B, but I don’t. I try to live here. I coach your kids in Little League... I take people fishing... I donate to the Boys and Girls Club... I donate to the Cottage Hospital... If this article passes the way it is, when you say Yes, to this article, it’s R-10 and it can never be changed. If you say No to this article, it doesn’t mean that another compromise, or another district, cannot be used on this property... I thank you. I hope you support the people that live here, and the locals and the islanders, and... every single person that lives on that road is not here, because they don’t live here. I’m the only person that lives on that road year-round, so, that’s just something I had to say. Thank you very much for your time. Madame Moderator: Thank you.... Mr. Vorce...? Vorce: Thank you, Madame Moderator, Andrew Vorce... And I’m sorry... You’re last name, Brian-? Borgenson... I’m sorry... Mr. Borgenson is right, we did meet, and we did have a discussion about the options that he talked about... What we also talked about is the fact that in the RC-2 District, which allows 5,000 square foot lots, based on 40 feet of frontage, that his property ahs the potential, with the introduction of a road into it, to become 3 lots... and so does the property next door, and so on, and so on... Um, this is and issue that we’ve had a discussion with this neighborhood on... and Ms. Woodson can probably tell you more about that, but you can see that both Golf View Drive and the area on Henderson’s Drive and Doc Ryder Drive were changed from their RC-2, or Commercial designation, to R-10 by previous actions... Based on the overwhelming majority of the neighbors that sponsored this article, we did promise that we would bring it back here to basically unite this neighborhood into one zoning district... I do...I do note that this subdivision was originally created with 99 year Deed Restrictions that said that you could in fact not subdivide, and you could not add second dwellings without release from the owners... That... I guess, the legality of that promise was not properly put on all of these properties, and they are now subject to 30-year terminations, which will happen sometime in, I believe, 2012... So, there is a choice to be made here, and, at this point, at least, the strongest opinion in this area was that people pretty much liked it the way it was... Most people wanted the ability to add a second dwelling... There was a change in the bylaw that allows you to create a... an attached two-unit structure, where you could condo one of those units and sell that... to supplement your.... your living expenses... and... I guess I await the decision of Town Meeting. It’s a two-thirds vote, and we’ll do whatever... whatever the Body thinks is appropriate... Thank you. Madame Moderator: Thank you... Mr. Collier...? Collier: Thank you, Madame Moderator... I would have to strongly support the Planning Board and the Planning Board staff...They have really done their due diligence in the past three years trying to make this neighborhood 3-M subdivision conforming to what is out there right now, and to eliminate the incredible amount of subdivision potential that is not just in this article, just throughout the entire neighborhood... If you add up the potential for three... uh...lots per lot... that’s 29 about...over 30 lots? for just that small area... That’s a pretty incredible amount of subdivision potential... Um, I do know from talking with some of the other neighbors, and hearing what the Planning Board staff has said... The neighborhood... the majority of the neighborhood is strongly in support of these zoning changes to bring all the zoning into conformity with what currently exists on the ground... So I urge you to...support this article. Madame Moderator: Thank you... Yes... Way up in the back... Speaker: Chris Holdgate... Uh, I live on Somerset Road myself... I brought up in the article last year, trying to get these lots in it, because mine was being changed... all the ones in the white were... So, I would like the lots across the street from me to change also... So I am in favor of it... I don’t want several 3... 30 lots across the street from me... Please, vote Yes. Thank you. Madame Moderator: Thank you. Is there anyone who wishes to speak in opposition? Or, in favor of... in opposition to the main motion.... Ms. Stover... Stover: I’d like to ask Mr. Vorce... If Mr. Borgenson has... when he bought the land, he was allowed to do- what? Build-? Off-mike (Vorce: Inaudible) Madame Moderator: Alright. Let me just say that- Stover: I have a question... If the article could be amended, Mr. Vorce, to put a restriction on his lot to do exactly what he said he was going to do an no more...No? Madame Moderator: We- we really can’t.... because he’s kind of in the middle, it would end up being a spot-zone, is that- the issue? Yeah... Yes, Mr. Murphy? Murphy: Thank you, Madame Moderator, Finn Murphy... (Tape ends.) (Tape resumes.) Murphy: ... also, with respect to this article, there’s sewer ramifications, as well, and I’d just like to support the Planning staff, here, this goes back. We’ve been trying to take care of this.... there’s a couple of articles coming up...right after this that are related to this... and, with respect to the gentleman who’s talking about how this might negatively impact... his property... I think we all- we’re all feeling that, but at the same time, that... we should remember too that the value of the property, by moving from R-C to R-10 is immeasurably enhanced and increased. So it’s not a total loss here in terms of the individual, and it’s a great gain in terms of the community, in terms of the sewer capacity, and in terms of the entire neighborhood configuration, so I’d like you to support the article. Thank you. MM: Thank you... Mr. Borgenson...? I’ll let you have the last word, and then I think we’ll go to a vote. Borgenson: As far as enhancing the value of my lot, if you see the size of my postage stamp over there, there’s no way that I can enhance the value of my lot without building another $700,000.00 dollar second dwelling on my property. There’s absolutely no way... If I could take my lot and split it in half, and put one dwelling on it in some sort of separate zoning, just like I would with- I’m going to be able to with R-10- I’ll have the exact same amount of dwellings, the exact same amount of bathrooms... No harm, no foul. It’s the exact same thing... I won’t subdivide it into three lots. I never planned to... I plan on living in that house. I understand Chris Holdgate’s... um, opposition. He got changed, and I understand that he lives in that neighborhood, too, but he also needs to understand that I am 30 going to put a second dwelling on that property and I’m not going to live in that second dwelling. That place is going to be rented out every single year. That’s the only way I can afford to live here. Thank you. Madame Moderator: Thank you... Okay. On the motion on Article 35, it is the Planning Board’s motion as printed in the Warrant. A Yes vote will adopt the motion, a No vote will defeat the motion. It does require a two-thirds vote. All those in favor of the motion, please say “Aye.” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” Audience: (softer) No! MM: (pause) Okay. I’m going to do a quick hand count... on Article 35... So, all those in favor of the motion on Article 35, please raise your hands and keep your hands raised until the tellers have counted your vote... (Pause while vote is counted.) All of those opposed to the motion on Article 35, please raise your hands... and keep your hands raised till the tellers have had an opportunity to count your vote... Okay, now, I want to tell you on upcoming things... On Article 40, Dr. Schreiber wants to withdraw his call of Article 40.. So is there anyone else who would like to step into Dr. Schreiber’s place on Article 40?... Is that you, Mr. Lang?... Okay... And, I believe Mr. Mayo... Is he here?... Okay... But I understand Mr. Mayo is withdrawing his call of Article 41... Is there anyone who wishes to step into Mr. Mayo’s position on Article 41?... Okay, so I’m going to put Article 41... back in the pot to be voted on at the end of the meeting in accordance with the (off-mike) In the back! Madame Moderator: Oop! Sorry! Oh! (off-mike) I’m sorry... I’m not familiar with the protocol, but I would like to make a quick comment on 41... Madame Moderator: Okay... Can I have your name? Speaker: Yes. Rachel Dowling... Madame Moderator: Okay. Great. Don’t do it now, but I’ll put you in for Mr. Mayo. Speaker: Thank you. Madame Moderator: (pause) 46? 47? (pause) Okay... On Article 35, Yes, 172, No, 58... Two-thirds is 153... Article 35 is adopted... Now, do you have it in you to do another one? One more... Okay... So... Article 40... I think it’s a reasonably straightforward one, and you’re intrepid souls... Article 40... received a positive recommendation from the PB that appears on page 69 of the Warrant. Move that the Zoning Map of the Town of Nantucket be amended as follows: Placing all or part of the following properties currently located in the Residential One, R-1 District in the Commercial N, C-N District... and then there’s a list of four properties... And, two, placing all or part of the following properties currently located in the Residential 10, R-10 District, in the Commercial Neighborhood, C- N District, and then there’s a chart of properties... All as shown on a map entitled Warrant Article 40, 41-81 D Master Plan Development, Vesper Lane and Surfside Road, dated January, 2008, and filed herewith at the office of the Town Clerk.... Is that your motion, Mr. Spriggs? Spriggs: So moved, Madame Moderator. Madame Moderator: Is there a second?... Motion made and seconded... Um, Mr. Lang? 31 Lang: Thank you, Madame Moderator. My name is Bob Lang, I have lived on Nantucket 35 years. Um, this article... would put greater commercial density into the area near the high school, and... on the... around the intersection that experiences the worst traffic tie-ups on Nantucket Island... During the summertime, traffic is legendary there... It’s backed up to the Sea Grill... It’s backed up to First Way... It’s backed up way past the hospital on Vesper Lane... Twice a day during the off-season... when the school- when people being driven to school and being picked up after school... we have a lot of traffic from the schools... To increase commercial density in this area is going to tie up traffic even further. Especially in the summertime, people are coming in going from commercial establishments and trying to get out into the gridlock. Uh, I’ll keep it short and sweet... My other objection is that, especially at the time that school kids are being picked up, or getting out of school, if you have this kind of density and this kind of traffic at that time, you’re also posing a public safety hazard. So, I’m opposed, and I hope that the majority here will see the reasoning behind my objection. Thank you very much. Madame Moderator: Thank you... Yes... Speaker: (inaudible) Madame Moderator: Hang on just a second, there’s a microphone right there... Speaker: Hi, my name is Irene Schreiber... I just want to make sure that bottom area, that piece of property that’s on the corner of Anna Drive and Surfside, is listed as 19 ½ Surfside, and that was not listed in the... listing... there’s a 19 Surfside and there’s a 19 ½ and that’s that larger parcel...— Madame Moderator: -- I don’t actually think 19 ½ exists... on the Assessor’s Map— Schreiber: -- 19 ½ Surfside Road... Madame Moderator: Go back to the map, for a second. I’m sorry... Is it shown in- in the shaded area? Schreiber: Yes, it is. Madame Moderator: Okay, then— Schreiber: -- it’s the Anna Driver, Surfside Road corner— Madame Moderator : Right... It’s that parcel on the corner of Anna Drive? And Surfside Road? That last parcel? Schreiber: Right... right... Madame Moderator: Okay. It is included in the list. Schreiber: Okay, and I just want to remind everyone that right now that is all pretty much Residential-Commercial as it is right now, so I would be in favor of this... So... thank you... Madame Moderator: Thank you... Yep...I’m going to go to this man in the green, and then I’ll come down to you, Mr. Vorce... Speaker: Thank you... My name is Steve Anderson... I’m a Trustee at Nantucket Cottage Hospital... and I’m in favor of Article 40... What it essentially is doing is matching the current use, which is in existence on Vesper, Prospect, and Surfside, with the new Commercial Neighborhood Zoning... category... the hospital certainly is a major component of the Residential One, _____ be part of a Commercial Neighborhood... There are other commercial ventures, including the laundry... there’s a nail salon, there’s a chiropractor’s office, and there are various 32 commercial activities, presently, in use, and this will really put those enterprises in the right commercial- in the right zoning category. Number two, the hospital owns the property at 10 Vesper Lane, and this will allow the hospital greater flexibility in terms of utilizing their property, of which the hospital does have needs for, either as an administrative space, or as a clinical office. And, number three, certainly the hospital itself... we have a strategic plan that we’re in the process of implementing... and there may be changes that we will need to make... and this will facilitate the ability of the hospital to make those changes. Thank you. Madame Moderator: Thank you... Mr. Vorce...? Vorce: Thank you, Madame Moderator... I would speak in favor of this article... the PB considered areas for this new Commercial Neighborhood District, and looked where existing commercial activity was occurring... Obviously that happens at the hospital and various uses, including the laundry-mat, the nail salon, and the doctor’s office that’s been mentioned. And, over the years, there’s been a number of commercial establishments... at one time or another in this location. This location as a residential area is... is not as desirable as it once was because of the traffic, but because it’s close to other... developed neighborhoods, one of the objectives of the comprehensive plan was to create neighborhood service centers that are within walking distance of neighborhoods. So this could be one of hose areas that is next door to high traffic generators, where people might be able to walk down the sidewalk, for example, on Vesper Lane, or some of the other routes that converge in this location... and we ask you to give it favorable consideration. Thank you. Madame Moderator: Thank you... Yes, in the back... Is that... Mr. Ballast? Speaker: Thank you, Madame Moderator... Thank you, Madame Moderator, Charles Ballast, Trustee of Nantucket Cottage Hospital... This is important to us, as Steve Anderson mentioned earlier. In our major plans, we are running out of space as far as making a commitment to this community, giving you better health care. With the option of having physician’s offices and administrative offices, it will open up other areas within the hospital that we certainly could use...So I urge everyone, if possible, please vote for this amendment. Thank you. Not this amendment, this article. Thank you. Madame Moderator: Thank you. Is there anyone who is in... opposition to the article who wishes to speak? All right, I will let you have the last word up there in the back row, next to Mr. Lang... Speaker: Thank you, Madame Moderator... Could somebody please define Commercial Neighborhood? I don’t have a clear definition of what that is.... Madame Moderator: Certainly. Mr. Vorce.... Vorce: The Commercial Neighborhood uses are contained in Warrant Article 28, which was voted by people here. Thank you very much for that, by the way.... If you turn to page 37... find the column that says C-N...It lists the various uses...What it’s designed to be is a... small scale Commercial District that allows the kind of uses that would serve an immediate area... as I described in the Neighborhood Service Center....The lots here are.... There is no subdivision potential for these lots... The minimum lot size of 7500 square feet means that these lots will stay their current size... and basically the uses are listed in this chart. Madame Moderator: Thank you... Okay, so this- ah, Ms. Timmerman.... Timmerman: Deborah Timmerman... I’m all in agreement for the hospital area, but I question the lots... along Surfside Road right opposite the high school... Um... there really would be... a difficulty with parking and getting in and out of those if they were Commercial... It’s also very close to the mid-island area, and I just 33 don’t see why the Surfside Road part is included in this... I would be for the hospital, but against the Surfside Road area. Thank you. Madame Moderator: Thank you... Okay... This article requires a two-thirds vote... A Yes vote will adopt the Main Motion of the PB as printed in the Warrant... A No vote will defeat that Motion... It does require a two-thirds... All those in favor of the Main Motion on Article 40, please say “Aye.” Audience: (loud) Aye! Madame Moderator: Those opposed, No? Audience: (softer) No! Madame Moderator: I declare that Article 40 is adopted by a two-thirds vote... Okay... So... I think what we’ll do is start tomorrow night with Article 41. Thank you very much. We’ll be adjourned until tomorrow night at 7 p.m. (Tape ends.) (Tape resumes.) Madame Moderator: ... We had a completely new motion on Article 55... It was the bulleting that was all messed up in the article, so we fixed that... And Mr. Keyes is withdrawing his call on Article 55... Does anyone want to speak on either 41 or 55? ... Okay, so those will go into the pot as well... And finally... My good friend Mr. McGowan has very graciously agreed not to proceed with the articles that he called... those being Articles 42, 76, 99, 119, and 120... Yes?... Speaker (off-mike): (Inaudible) Madame Moderator: If you are unhappy with the recommendation on any of these articles... and we can run through them quickly... just to make sure that we understand what we’re doing... Article 42 Re-zones some property on Clara Drive and Raceway Drive... Do you wish to substitute your name there? Speaker: Yes I do, please. Madame Moderator: Okay... And can I have your name? Speaker: Donna Hamil. Madame Moderator: Donna Hamil... Okay.. On Article 76... That was a Move that the article not be adopted... It was a sewer map change on Hummock Pond Road... Does anyone want to discuss that?.... Article 99... We had a new motion on Article 99 that I read in last night as a technical amendment... It turned the Agricultural Commission into a commission that’s created under the Town bylaw... Okay... 119... The Town is accepting a gift of property in the Hummock Pond area... and 120 is authorizing the BOS to dispose of land in the Hummock Pond area... Okay... So...Articles 41, 55, 76, 99, 119, 120 and 41, will be voted on at the end of the meeting... in addition to 47, 61, 62, 92, 122, 123, and 124... That means... that we will be starting with Article 42... Article 42 is on page 71 of the Warrant... The Motion is Move 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 Commercial Neighborhood, C-N District. Then there is a list of three properties, all as shown on a map entitled Warrant Article 42, 41-81-D Master Plan Development R-10 to C-N, Raceway Drive and Clara Drive, dated January 2008, and filed herewith at the Office of the Town Clerk. I’ll recognize Mr. Spriggs, Chairman of the Planning Board, for the purpose of making that motion... Spriggs: So moved, Madame Moderator. 34 Madame Moderator: Is there a second?... Motion is made and seconded... Is there someone in favor of this article who wants to kind of kick it off, or do you want me to go directly to the... Okay... Um, Ms. Hamil... Hamil: Thank you... Donna Hamil, I live on Clara Drive... The three properties in question are directly in a Residential area, which has been, and is being considered to be, changed over to R-10 from RC-2... Very similar to what happened last night with Somerset Road, which is no more than a hundred yards away... Changing these properties to a C-N, which is a Commercial Neighborhood, and, again, if you remember the discussion from last night, those properties are deemed to be needed or immediate services to the neighborhood... These are not businesses... These are homes, here... I believe what’s happening is there are a couple of nursery’s that have been in this area for many, many years, and who conduct a very low profile... have done a nice job of keeping themselves off the... out of view... and what we’re afraid of is... right now, even if these people allow this to happen on the C-N, well that’s well and good... But if they sell, they can then open up that property and buy... having a C-N designation, you basically are opening it up to 22 business types automatically, and another 23 types with a special permit... such things as taxi cab businesses, take-out food restaurants, maritime service and parking lot businesses... and this is not what we are all trying to achieve, I believe, in saying that we have been trying to get everything to an R-10 to improve and keep the values of these properties going. I do not understand the reasoning for this, I don’t understand the PB’s reasoning for putting this into a... On a cul-de-sac... in the middle of a residential area to be a commercial need. I don’t understand it at all, and I’d like to have some open discussion on it... Madame Moderator: Thank you...s. Woodson... Woodson: Hi, I’m Lesley Snell for the Planning Board... The properties included in this re-zoning directly abut some existing commercial uses, as Mrs. Hamil said... there is a nursery, Surfing Hydrangea, is across the street in the LUG-2 zoning district... the Sconset Gardener is across the street in the RC-2 zoning district... There is a boat storage facility on Somerset Road... And all of these properties are currently in the RC-2 zoning district... which is the least restrictive zoning district available.. The C-N, which is the Commercial Neighborhood... that’s what we’re proposing to rezone these properties to, is substantially less intense commercial activity than what would be allowed in the RC-2... This article actually begins to create a Neighborhood Service Center in this area, and Neighborhood Service Centers were a goal of the 1990 Goals and Objectives, and the 2000 Comprehensive Plan... Ah... excuse me... anyway, the property owners that are involved in this article have been contacted... They have been supportive... Putting these in a commercial district is more compatible than leaving them in the RC-2... If you recall, last night a vote was taken to rezone properties on Todd’s Circle, to the Commercial Tech District... which is actually more intense than this... so I would ask that you all vote to support this article... Madame Moderator: Thank you... Okay... Seeing no hands, I guess we can go to a vote on Article 4—oop... Yes... the gentleman up in the back? No? Yes?... I’ll come back... I’ve got a person up here with a microphone... go ahead... Speaker: Bob Emack... I would just like to know what the parking requirements are... in this district... the new district... Madame Moderator: Thank you... Ms. Woodson... Is that Article 28? No? Alright, while she’s looking that up, I’ll go to the gentleman in the blue. Speaker: Hello? David Devondorf, also on Clara Drive... What wasn’t mentioned by the PB is, we have three properties down Raceway which have been rezoned to RC- 10... properties across the street on Raceway are RC-10 as well... This is the entrance to our neighborhood... the two houses on Clara and Raceway... and all of 35 the commercial businesses are across the road... on Raceway as well, or across Somerset... our neighborhood is inclusive, and even the houses that went to C- TEC last night, I would argue that the regulations for C-TEC are much more restrictive than C-N, and that is why we’re here discussing this in the first place... Clara Drive, I think, should be kept as a uniform RC-10 zoning area... We’ve already dispensed with Todd Circle... I think this is nothing more than Spot Zoning, and it does affect our neighborhood community as it stands. Madame Moderator: Thank you... Mr. Collier. Collier: Thank you, Madame Moderator. I think I’m a little confused... exactly what are we changing it from? We’re changing it from RC-2 to C-N, correct? And so we’re changing it from 5,000 sf minimum zoning to 7,500 minimum zoning? Madame Moderator: Correct. Collier: Thank you. Madame Moderator: Ms. Woodson...? Snell? Ms. Woodson-Snell? I got to get that right. Woodson-Snell: Thank you, Madame Moderator. If I may ask through you... Did Mr. Emack asked what the property requirements were, or the parking? Audience: Parking.... Woodson-Snell: We have not yet adopted a commercial parking chart at this time. So the Zoning Enforcement Officer, I believe, would need to make a determination... on the parking. Madame Moderator: Thank you... Or the uses would be governed by the existing parking regulations... like a dwelling would require one space, and a ... okay... Alright, Mr. Emack? Okay. Was there someone else over here who had their hand up? [There was, but they said no.] Madame Moderator: Okay... Okay... I’ll see what I can do... I’m feeling a little quiet tonight, I guess... Okay... this article requires a two-thirds vote... A Yes vote will adopt the article, a No vote will defeat the article... All those in favor of the motion on Article 42, please say “Aye!” Audience: (soft) Aye! Madame Moderator: Those opposed, “No?” Audience: (loud) No! Madame Moderator: The article does not carry... Article 44... Okay, Article 44... The motion of the PB starts on page 73... I think part of the problem is I can’t be near the microphone and see what I’m reading... I think the problem is I’m too old... Yes... So... I think that’s the problem...All right, I’ll try reading somewhere else... I don’t need my notes... The PB motion on Article 44... Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located I n the Limited Uses General LUG-2 District in the Commercial Trade Entrepreneurship and Craft C-TEC District... There is a chart of four properties, all as shown on a map entitled Warrant Article 44, 41-81-D Master Plan Development LUG-2 to C-TEC 67 and 69 Surfside Road... dated January, 2008 and filed herewith at the Office of the Town Clerk... Recognize Mr. Spriggs, Chairman of the PB, for the purpose of making that motion... Mr. Spriggs... Spriggs: So moved, Madame Moderator... 36 Madame Moderator: Is there a second? ... Motion has been made and seconded... Again, do you wish to say anything, or should I go right to Mr. Keyes’ question? Mr. Keyes? Keyes: Thank you very much... My wife was off-island this weekend, so I actually had a chance to look at all these zoning maps... You have to be a nerd to do that, but they’re all available on the internet, and this one stood out as a very interesting example, because... what we’re doing... we’re going from an RC-2 to an R-10 with a LUG-2 in the middle, and the proposal is to turn part of the LUG-2 into something that’s a more intense use of the process... It’s strip zoning... It looks like a medieval map... Yesterday we turned down someone who asked for what was called at the time Sport Zoning... and this seems to be, unless there is a public purpose for making this change, an example of Spot Zoning. It also, at the entrance to the property on Surfside Road, had the dreaded pork chop neck where a very small piece of entry onto a main way supports a large amount of land back behind that... And in previous Town Meetings, Pork Chop Zoning has been criticized. So I hope someone can explain to me what the public purpose of approving this Warrant article would be. Thank you. Madame Moderator: Mr. Vorce, just in the nick of time. Vorce: Thank you, Madame Moderator... This particular area of the island, as I think many of you know, has been the subject of much zoning over the past two years... The reason for that is that the zoning line was originally drawn following a contour line... and Chief Pittman could I trouble you for your.. laser thing-ie again? The property to the left of this area (laughter)... Thank you... The property in this location here is currently zoned RC-2... As you know, that’s a commercial district... It sets a minimum standard of 5,000 square feet... The R... the 10-foot contour... There’s a valley that runs along this area in here, and the zoning line was to follow a contour line, which was a ten-foot contour line. Now, depending on which side of the valley you put that contour line on, it could have run along here, or it could have run along the other side here. Based on the maps that we looked at, and it had moved over time, the majority of this property had in fact been located in the RC-2 District... So last year when we changed the map to put these properties in their proper district, after that vote, the property owner here came and said, “What about me? Why am I left out of that district? Why was I put into this LUG-2 district?” Now at the time, a lot of this lower area that is wetlands here... It was clear that we didn’t want that to be in a commercial district... and as we talked to this property owner about what his desires here... which is an organic landscape business... it appeared to us that the TEC District was actually the best fit here... So rather than simply extending the RC-2 District into this area, we felt that the TEC District, which requires a minimum 10,000 square foot lot, was actually a good transition into what is here this protected Open Space Corridor... So there is some mitigating circumstances about the past zoning here... and actually the TEC zone, considering the level of activity that is surrounding this, uh, we think is actually a good fit. Thank you. Madame Moderator: Thank you... Mr. Collier... And, Mr. Collier, before you- as you’re getting the microphone, let me just make mention of this, and I’m not singling you out... It just occurred to me at this second that I meant to say this at the beginning of the meeting... which is that we do have a bylaw... 44-7.1 which says any person who is employed by another person regarding any matter under discussion at a meeting shall disclose the fact of his/her employment before speaking thereon... So, lawyers are the perfect example, because we pick on them all the time, and that’s easy for me to do... If you’re a lawyer and you’re representing someone and you’re paid to come to the meeting to speak on their behalf, then you need to disclose that fact. If you come to the meeting as a citizen and you just are speaking because it effects you personally, or because you’re interested, then of course, you don’t have to... Someone earlier today raised the question, Well, does a person have to disclose who their representing or being paid by... and I think it’s always been the practice of people, as they make that 37 disclosure, to say who they’re representing... I was thinking about that this afternoon, and I can’t think of a time when someone made a disclosure that they were working for someone and didn’t say who they were working for... I’ve also never had anyone challenged on the point, and, I suppose, if someone refused to say who they were working for, it would be in my discretion as to whether or not I would compel them. I think, given the language of the bylaw, I probably would not require them to do so... but it would depend upon the circumstances... So I just want to have that in mind as we go forward tonight, because I think it may become an issue, or a question may be raised, and I want people as they are speaking to think about it, and to be aware of the fact that they are required to disclose. So... anyway... Now I’m going to recognize Mr. Collier, who has an amendment to make... Collier: And that brings it to me... Uh, Cormack Collier... I’m the Executive Director for the Nantucket Land Counsel... Land Conservation Group on the island... I believe most of you know the work that we do... I would just like to speak to this article... and support the gentleman that called the article... I too have concerns about... what was proposed here... particularly the potential for subdivision and development as a result of this proposed change... This lot, if you would pull up the original map, this lot... Madame Moderator: Can I interrupt you just a minute? Are you going to make your amendment? Collier: You want me to make my amendment first? Madame Moderator: I think it would be good. Let’s get that out on the... out of the way... out on the floor... and then you can speak...so I think the amendment that Mr. Collier is proposing would be to amend the map... His motion is that the map be amended by placing the following properties currently located in the LUG-2 District in the Commercial Trade District... and we have amended portion of Lot 229... The map reference is then changed to be a proposed modification by amendment... April 1, 2008... and it looks like... It looks like that... Now... I think you may need the laser... to show the line... unless... Yeah, there you go. Collier: The—just to briefly outline my amendment... the proposed article before you in its entirety is to rezone this property here from LUG-2 to C-TEC... I am simply just moving this line north to approximately this location here... This area south of here would all remain LUG-2, and this to the North would get changed to C- TEC... but my amendment itself is just to remove this portion.... from the proposed article... Madame Moderator: Okay... So that’s your amendment. Is there a second? Motion is made and seconded... Now you can go ahead and discuss. Collier: Thank you... Um... As we see right here, this entire property is in the northern valley of the Miacomet Pond Valley Watershed... essentially it’s a very important greenbelt for the island and for this area in particular... All the run-off from this entire area ends up somewhat in the Miacomet Pond... The property right here... the Town of Nantucket... this is permanently preserved land that was protected quite some time ago, and the property to the north is actually Land Bank and beyond... There’s pretty significant reasons to support my amendment... One is it would decrease the potential for subdivision in the back lot... What you have right now is one lot, a second lot, and this lot is an entire lot... on the previous map, you actually saw two lots... Well they were actually merged, and if I could just briefly talk about the zoning irregularities that Mr. Vorce brought up... It 1972, when this, when zoning came into effect, these properties were all zoned LUG-2... I have the maps to prove it... The ten-foot contour line was approximately right on the wetland line and then cut off and then the zoning map left the contour line and went all the way up to Miacomet Ave... that’s the map that is in effect, that was drawn... hand drawn in 1972, 1975, and when it was digitized, Hilliard Wood did the correct job and kept these into LUG-2... My point in doing this amendment is 38 that I do understand the need for what the owner has requested... The owner has requested to utilize the property... as landscaping business... I believe he’s in the audience tonight, and I assume he’s going to speak to this...He purchased the lots in March of 2007, and then not one year later we are here to discuss a zoning change. I would respectfully agree that, yes, let’s try and help the individual to utilize the lots for his business, but to help the individual to subdivide and to develop the property seems not very consistent with what the zoning changes that we’ve done in the past... What else would I like to add to that? ...I think that’s basically just the sum of it. It’s a very simple, straightforward amendment that would allow the individual to utilize the property for a landscaping business... I appreciate and respect what the individual actually does on the island. He’s an organic landscaper, he has a good business, he does treat the land well... but I don’t believe that it’s appropriate to... come to Town Meeting a year after you’ve bought the property, change zoning, and then have the ability to subdivide and potentially develop the property. This amendment was to bring us together potentially, hopefully, to have a resolution that we both can live with. So I hope you’ll support the amendment. Madame Moderator: Thank you... On Mr. Collier’s amendment, only... Yes... Speaker: Hello? Um, I’m John Hemingway, and I’m... my wife and I are the owners of most of the property that Article 44 pertains to... and I both disagree and agree with Cormack Collier’s amendment... I disagree with his assertion that the property was always LUG districted... The Riley’s, who originally cut these lots out of the Thurston’s pig farm in the late 60’s and early 70’s, did it under RC-2 zoning, and that is our understanding of how we... when we purchased the land, how it went down... The most important thing to us is that we can continue our organic landscape business and grow it, and have a place to put our shop. If 10,000 square foot zoning with C-TEC is more appropriate for us than the 5,000 square foot zoning that it was originally, as RC-2... so, I agree and disagree with the amendment... But the most important thing, for our family and our business, is that 44 passes, amended or not. Madame Moderator: Thank you... Ms. Wheatley... Wheatley: Thank you, Madame Moderator, Nancy Wheatley... May I ask a question presumably to Mr. Vorce through you? Which is, ask I understand it, only a portion of this lot was included in the original amendment, so I’m wondering how the portion was determined for the original... Madame Moderator: Okay... Mr. Vorce? Vorce: Thank you very much... The original boundary... Andrew Vorce, Planning Director, sorry. The original boundary was put on based on the information that we had at the time, and that was before the creation of this particular subdivision plan...using the GIS information that we have on the Town. So, certainly the intent was not to extend this particular zoning district down into the wetland... so, where it is located here... which brings it further away from the wetland, is certainly acceptable to us. Wheatley: If I might go further, Madame Moderator... I’m a little confused. Was the original... Is the property all under one ownership? Or is there another lot, which is towards the wetland, which is not included in the zone? Vorce: Lot number 2, in the center, is in separate ownership. Madame Moderator: Can you point out that lot? I can see it, but I’m not sure everyone else can. Vorce: This is Lot 2 here... So, what is called Lot 12, which is owned by Mr. Hemingway here, and Lot 3, which is this- uh, it’s a combination of Lot 7 and Lot 3, which are merged together. 39 Wheatley: I may be being obtuse, but I’m not... It’s not clear to me why you selected the additional boundary, and I’m interested in that because if your boundary was based on concerns about wetland or some other characteristic, I’d like to weigh that against Mr. Collier’s position that he simply wants to take away part of the ability to subdivide the lot as I understand it. But I’m very confused about the ownership and the lots. Madame Moderator: Thank you. Vorce: Okay... the ownership of the lot... let me try this again... Madame Moderator: What you’re looking for... well, let me try to help you here, Andrew. There are three lots... that you’re looking at... the lot on the north, at the corner of Surfside Road and the way, is Lot 12, and that’s owned by the Hemingway’s. Vorce: Correct. Madame Moderator: There is a lot right there, Lot 2, which is a reasonably small lot, which is owned by someone else. Vorce: Yes... Cardinas.... (Inaudible)— Madame Moderator: -- it says now or formerly, Carcinas Cartika... Vorce: Right... Madame Moderator: Then there are... what used to be two lots... Lot 3, and Lot 7... those lots, I believe Mr. Vorce is saying, have merged for zoning purposed because Lot 7 doesn’t have frontage on a road... or something... Vorce: That’s right... that’s correct... Madame Moderator: So Lot 3 and Lot 7 have merged together... they’re one... essentially one lot for zoning purposes, and that entire lot is owned by the Hemingways... Vorce: Correct... And I think the issue about... because of the wetland boundary here, there’s no structures allowed within 50 feet of that wetland, but part of the property owner’s business is his organic landscape company, so, while there can be no structures here, there may be plants or other materials in that area, and I believe that’s what he wanted to use for part of his business... Is that clear? Madame Moderator: Okay... Do you have another follow-up, Ms. Wheatley? Wheatley: I might... thank you... I’m trying to determine if the... I’m trying to determine the effect of Mr. Collier’s change, other... because it’s not entirely clear to me how it will effect the subdivision... if it’s a wetlands issue, or if there’s another issue, or if he’s trying to prevent some kind of activity on the portion that he’s removing... I’m just not clear on the purpose of the change... in Mr. Vorce’s opinion about it... Madame Moderator: I think... Mr. Collier... Do you want to explain your motivation? Collier: Thank you... My motivation is to get the line north, as far out of the wetland as possible. My motivation also is to shrink the area to below 20,000 square feet, because if he has 20,000 square feet in C-TEC, he can subdivide... What that amendment will do is provide approximately 18,000 square feet in C-TEC, and will move the line north, away from the wetland, and will help protect the health and quality of that wetland. Madame Moderator: Okay... On the amendment... Ms. Zimmerman... 40 Zimmerman: Thank you. My name’s Lynn Zimmerman, and I work at the Nantucket Land Counsel. I think what happened was, when the PB first did this, and came up with that first line, before the amendment, that actually they didn’t realize that the land in C-TEC at the top, at the north of that lot, could be subdivided... I think then it was brought to their attention, and I think the fact is that the C-TEC category at the top of that lot, if left the way the PB proposed it, could be subdivided into two C-TEC lots. And so, by moving the line north, it allows that northern portion to be C-TEC, but it keeps it from being further sub-dividable. Madame Moderator: Thank you... Okay... On the amendment... Okay, the amendment requires a majority vote... A Yes vote will adopt the amendment, a No vote will defeat the amendment... I want to go through the amendment one more time because we’ve refined the plan reference so that it’s now tied directly to this map... The amendment is to add the word “amended” in the chart, so Map 67, Lot amended portion of 229, 69R Surfside Road... and then the map reference all is shown on a map entitled Warrant Article 44, 41-81 D Master Plan Development LUG-2... to C-TEC 67 and 69 Surfside Road, dated January 2008, as amended by zoning district amendment plan Article 44, ATM08, Blackwell and Associates, Inc. April 8, 2008... So a Yes vote will adopt that amendment, a No vote will defeat the amendment. All those in favor, please ay “Aye.” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” Audience: (soft) No! Madame Moderator: The amendment carries... Now we’re back on Article 44 as amended by Mr. Collier... Is there any further discussion on Article 44?... Mr. Keyes? Keyes: I didn’t have any idea when I called this motion that these deep currents were running... through various organizations in the Town... I simply thought it was bad policy to do Spot Zoning... If I had known that the two parcels that are being rezoned for the benefit of a private citizen, which we rejected last night, were not contiguous parcels, and were separated by a third parcel, I would have been even more opposed to the zoning change than I was when I called the motion last night. Thank you. Madame Moderator: Thank you... On the Main Motion... It does require a two-thirds vote... All those in favor, please say “Aye!” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” Audience: (loud) No! Madame Moderator: Okay, we’re going to do a hand count on this motion... All those in favor of Article 44... on the main motion, as amended by Mr. Collier, please raise your hands and keep your hands raised till the tellers have had an opportunity to count your vote...Once we’ve resolved the vote on Article 44, I’m going to turn this over to Mr. madden for Article 49... I will tell you that we do have one non- voter here... on Article 49, 50, 51 and 52... The Town Clerk has him down here in front where she can keep an eye on him...He’s Jack Wiggin from the Urban Harbors Institute, and I will leave to Mr. Madden, seeking a relieve to have Mr. Wiggin speak...(Pause) The vote on Article 44, Yes, 230, No, 59... Two-thirds was 191... The main motion on Article 44 as amended by Mr. Collier is adopted. (off-mike) Take as long as you’d like... I’m leaving everything... Madden: Is this in the right place...? And what’s his name, Wiggins again? 41 Madame Moderator: Wiggin...Jack Wiggin... Jack Wiggin, Harbor... Madden: Where’d you see it? Where was that written down? Madame Moderator: I don’t know...oh, on page 49...We’ve got to get you to 49... right there... okay? Mr. Moderator (Madden): (on-mike) Good evening, thank you. We’re going to go to Article 49... And, before we start that, there’s a gentleman, Jack Wiggins, from Urban Harbor Institute, who’s a consultant working with the Harbor Planning Committee, or the Implementation Plan, and, with your consent, we’ll allow him to speak. He’s not a voter of Nantucket, but he is going to answer some technical questions. So, without objection... and he will be speaking on the next three, four articles, if need be... Thank you... At his point I’d like to recognize Whitey Wilhauer, Chairman of the Board of Selectman, who put in this article for the Harbor Planning Committee for a Positive recommendation... Mr. Wilhauer... Wilhauer: Yes... The BOS moves.... Mr. Moderator: Thank you... Is there a second? (laughter) Motion’s been made and seconded. Thank you, Whitey... Did you want to speak to the article? Wilhauer: No, I just want to finish my sentence... That we move (laughter) Article 49, and you... interrupted me... Thank you. Mr. Moderator: I’m sorry. (laughter.) So you’re all set now? (laughter) All right, motion’s been made and seconded... And I apologize to the Chairman, I was looking for... Wilhauer: Furthermore, the Board supports the Planning Board motion, and we’re in favor of this article... Mr. Moderator: Okay... And for those of you who don’t know, it starts on page 77... and goes on, and with your consent, we’ll waive the reading of this article... Mr. Cohen called the article... Can we get a microphone for Mr. Cohen and... Cohen: Mr. Moderator, I know the Harbor Plan Implementation Committee has worked really hard on this, and as a courtesy, I’d like to give them the opportunity to explain it first, since I am rising in opposition. Mr. Moderator: Thank you. Mr. Fronzuto.... He’s our Harbor Master, for those of you who don’t know. You want to give a brief overview, please... Fronzuto: Good evening. Thank you, Mr. Moderator. Dave Fronzuto. I don’t think I have to explain to anyone how important the harbor and the waterfront is to this island. You heard about the Public Safety Complex last night, and the ball fields for the kids. And those are all very important things. But from where I’m sitting, the harbor is just as important. The downtown waterfront overlay district was identified in 1993 Harbor Plan as a priority. Due to staffing and issues with the Planning Department at that time, the overall strategic plan for the Town took precedence, and the Downtown Overlay District never got implemented. We started 2 and a half years ago to develop a new, an updated harbor plan for Nantucket and Madaket Harbors. We went through a lengthy process of two years of public hearings and public input. And last year the BOS adopted the 2007 Harbor Plan. At that time the BOS appointed a Harbor Plan Implementation Committee, members of citizens, members of the community, all different walks... and that group has been working, and one of their first charges, as was recommended in ’93 and again in a 2007 plan, to develop a Downtown Waterfront Overlay District. What we’re trying to do is maintain the commercial activity that we have. There’s 84 properties in this particular district, of which only 20% are commercial activities. These are things that we need for a working 42 waterfront. We’re trying to reduce privatization. We’re trying to not gentrify the harbor and make it all residents. We’re trying to have a working waterfront, what little waterfront we still have. Everybody would like to see a bunch of commercial fishing boats down at the end of the Town Pier, and the economics of it is just not going to happen. But we have to support the 3,000 boats we have here in July and August. We have to support the Steam Ship. We have to support the Boat Basin, and the activities that go on there, and the fueling, and the pump- out and everything that supports a working waterfront... and that’s what this article’s trying to do. The second thing it’s trying to do is one of the things that the BOS had great discussion about was whether this was going to be a state approved plan. And it was great discussion about that, and it was decided by the BOS and the community that this would be a state approved plan. And it’s now at Coastal Zone Management for review, and could be adopted tomorrow, if we wanted it to be. But the BOS wanted more local control, and they wanted to have the ability, through Chapter 91, which is the Mass. General Law that protects waterfront and public use, and one thing that you heard me say last year, and I’ll say it again, this is our waterfront, this is our public land, these are field tide lands, for the most part. They belong to all the inhabitants of the Commonwealth. And what the BOS wanted with the charge, was that we wanted to have more quote teeth in Chapter 91 licensing. I think you see, as a result of that, although a very difficult and arduous process... We worked for over a year and a half on the Chapter 91 license for the Great Harbor Yacht Club. But the majority of the things that were requested by the Town and the GHYC requests have come forward, have come to fruition within their license, which was issued in the last couple weeks. Not everything that we wanted did we get, not everything did they want did they get. But we had a seat at the table, and this is what we’re trying to do with the Overlay District. We need to protect what we have. We cannot lose anymore of our waterfront and commercial activities on the waterfront. We need chandleries, we need boatyards, we need marinas, we need those types of things. Mr. Moderator: Thank you. Steve, did you--- Fronzuto: One, one last— Mr. Moderator: -- Oh did you have another point? Fronzuto: -- Last point, if I could... The.... Last year people said this article wasn’t ready for Town Meeting. We worked with the PB, we worked with several of the attorneys, we worked with several of the residents within this district. This district runs from the White Elephant Hotel to the Great Harbor Yacht Club. We went back to the PB, they had three public meetings, eleven hours of testimony, and you see in your warrant that the PB gave it a favorable recommendation. The BOS subsequently voted, and they also gave it a favorable recommendation. I request that you support this article. Thank you. Mr. Moderator: Mr. Cohen? Cohen: Thank you, Mr. Moderator... I guess I don’t really disagree with almost anything that Mr. Fronzuto says... I think that his goals are laudable, and I guess I should say also that I’m an attorney, and I’m representing a client, Todd Arno, who has land in this district... The problem with this article is it doesn’t do I think almost anything that Mr. Fronzuto said, and despite all the hard work that’s gone into it, what you really have is an article that doesn’t prevent the change of commer--- of water-dependent uses from so-called public to private... For example, the GHYC could today the Grey lady Marine, under this article, could be converted to the GHYC, and there’s nothing in this article that would prevent that... There’s nothing in this article that would prevent- that would take all of the current water dependent uses and prevent them from turning into private members-only yacht clubs. What this article does do is take a one-sided lean heavily towards industrial commercial uses out of balance with our historic balance of having a waterfront that is commercial, residential, and retail. This article has 80% of its properties that are non-water dependent, and it’s putting a lot of restrictions on 43 those properties, for reasons I can’t understand, because you’re not preserving any water dependent use by placing restrictions on non-water dependent properties. Fifty-four of those properties, uh, 54% of the properties are residential, and they’re under a lot of new regulation for no apparent reason. You’re not preventing private houses from coming in where there’s already a private house by putting more regulations on them.... The um.... what the regulation does do is try to push out all of our residential uses and all of our retail uses, our galleries, restaurants, retail shops that add vibrancy to the downtown... and waterfront area... If this article was passed 40 years ago, you’d still have scallop shanties, ice houses, and fish market on Old South Wharf. Maybe that would be good if you’re a scalloper, but I don’t think that is what Nantucket wants to go back to, nor do we need to go back to it, nor do I think we should be trying to be regulating to try and get back to something like that. If this regulation passed, it would be encouraging heavy commercial use and water dependent use on Washington Street. Washington Street, right now, would be a terrible place for commercial uses. There’s no parking, the traffic is a nightmare, and we shouldn’t be encouraging more water dependent commercial uses in that area. The... adding more commercial uses than we currently have would be bad for the water quality. There’ nothing in the Warrant... in the warrant article that protects water quality, but if you add more commercial businesses, you add more boats, you’re affecting the water quality, and there’s nothing that offsets that negative impact. What you are doing is preventing, is actually discouraging new water dependent uses the way this is currently drafted, because once you put in a water dependent use, you’re locked in forever, and I don’t know anyone who’s going to take a risk of starting a new business if they’re locked in forever. So you’re adding 4 new entities to regulate them, you’re taking away the ability to get special permit relief, which is allowed in every other zone for the same exact things that are contained in here... what you can get special permit relief for in other zones you cannot get relief for in this zone, and it has just crazy things in it. If you want to have a new construction, or an expansion of your structure of more than a hundred square feet, there’s a list of water dependent uses you have to add or you can have public access or a public toilet. That means that if you want to add 100 square foot addition to your house, you have to have a public toilet on your yard. What protects the harbor there? What protects our commercial uses of the harbor there? This is loaded with stuff that has nothing to do with protecting the commercial vibrancy of Nantucket’s waterfront. The... uh... zoning is supposed to regulated the size of the lots and the intensity of the lots through setbacks and ground cover, and it’s supposed to say that some uses are appropriate and other uses are not appropriate. But it’s not supposed to seize control of the use of the land and say, this is going to be water dependent uses now and forever even if that’s not what’s there now. you know, what’s missing from this warrant article is that Brant Point Marine, owned by Rick Kotalack, who’s a great guy, was removed from the map for this. And the reason why he was removed, for the right reasons, is that this article would be unbearably harsh on him, and unbearably unfair to him, and I just don’t understand why it’s bad law for Rick, and it’s good lay for everybody else, who apparently is not as great a guy as Rick. Mr. Moderator: Thirty seconds. Cohen: Um, there are lots of models to protect us. People want to buy the land use, they could buy the land, like the Land Bank has been doing on Washington Street. You could purchase the development rights, like we did at Bartlett Farm. You could have tax incentives like they do in other states, and like Nantucket does for private open space. The state has not even submitted comments on the harbor plan that we submitted, and does not expect to finalize that until 2009. Why don’t we wait to see what the final plan is, before we write the rules that implement it? There’s no rush, I think we should get those comments from the state, and then have a narrowly focused, well balanced harbor plan that does everything that the Harbor Master needs, and none of the negative impact on the other residents. Thank you. Mr. Moderator: Thank you. Would anyone else like to speak? Yes, Selectman Kopko. 44 Kopko: Thank you Mr. Moderator. I’m not a lawyer, but I know when I’m being lawyered. Um, ladies and gentlemen, don’t be afraid about having to put a public toilet into your house, I promise you. This... these articles... of anything we’ve done in this town since I’ve been in the government, I’m the most proud of these articles. These articles... These articles have had more public input, they have been discussed more in front of the community and with community than any of the single articles that I’ve seen in the 31 years I’ve lived on this island. Everyone on this island with an interest in the harbor has had two years, dozens of meetings to have their concerns addressed, and to be here tonight, one year after these articles were withdrawn, so that they could be technically perfected and brought back a year later, a year of public hearings later, and on the night of the articles are called, to be presented with an argument like this is outrageous. The work that has gone into these articles is about preserving what we have. The opponents purport that these articles would radically change the character of downtown. These articles are to prevent the radical change of downtown. And they are the product of thoughtful and expert public process over the last two years. (tape end) (tape resume) Kopko: --- I urge you very strongly to support these two articles. The state DEP, which is preparing to approve our harbor plan, which will strengthen our local control of our own fate and destiny of our downtown is encouraging us to pass these articles now. They’re saying, don’t wait until we approve your plan. We like this. Do it. And if this is what you want, we’ll back you up. Please. We’ve been working on this for two years. It’s time to vote these in. Please support these articles. Thank you. Mr. Moderator: Thank you.. Anyone else? Yes, in the red sweater, please. Is that Mrs. Wheatley? Wheatley: Thank you, Mr. Moderator, Nancy Wheatley. Um, I will... I know that Maddie is probably ready to ding the bell, so I’m going to get in as much as I can. This is the day, for all of Mr. Kopko’s passion, this is the day that we as a town come to look at what’s before us, and I would note that the Planning Board- excuse me- yeah, the Planning Board’s recommendation- the Planning Board has some reservations on the article that’s before us. Um, I have been in the circumstance of promoting public projects, I work for the Massachusetts Water resources for many years, and I know how it feels when you’ve worked so hard. Nobody comes until the bulldozers are about to arrive, and that’s what’s happening tonight, but I think we need to make a careful decision tonight. My reservation about this, and I appreciate everything that Mr. Fronzuto said, is that we don’t have a working waterfront in the sense that the, that Boston Harbor, where I also lived for many years, near the fish pier, was a working waterfront. We have a waterfront that we... that supports marine uses, and I fully support encouraging those uses, but it’s also a place that we like to go. And one of the things that I think we don’t have enough of yet on the harbor and on the water are wonderful restaurants to go and enjoy a summer afternoon. And unless I’m reading this incorrectly, this overlay district does not include restaurants or, as Mr. Cohen said, galleries, and other things like that, other amenities, other water... other amenities by the water that I really enjoy, and that’s my big reservation about this article. Um, I’m not entirely convinced that it supports the waterfront that I see on Nantucket right now. And again, I can feel Mr. Kopko’s pain cause I’ve been there. I’ve had somebody come and say to me at the last minute, I really want you to rethink this. But this is so important to us, I think we need, that everyone needs to look inside themselves and make a personal decision. Mr. Moderator: Thank you. Anyone else? Yes, in front here, please. Jack, if you want to come up to the front. I assume your name is Jack, and if you’d pronounce your last name for us, please, we’d appreciate it. 45 Speaker: Thank you. Uh, my name is Jack Wiggin. I’m with the Urban Harbors Institute at the University of Massachusetts in Boston, the person who was introduced as the interloper earlier tonight... Um, I had the great good fortune to have my research center, hired by the BOS a couple of years ago to assist the board in preparing an update of the 1993 Harbor Plan that Mr. Fronzuto mentioned earlier. We did that, and as Mr. Fronzuto mentioned the Harbor Overlay District was an idea that first merged in the 1993 plan, and for whatever reasons, it didn’t move forward at that time, so when we, when we started working on the update in 2005 of the HP, it was one of the key recommendations that the BOS and the HP Advisory Committee, which was appointed by the BOS, to work on this project. It was one of the recommendations that they very sincerely wanted to move forward for all of the reasons that have been described by Mr. Fronzuto and Mr. Kopko so far tonight. The only things that I would add, and I don’t think I can add much of substance to what they have said though, but I can put it a little bit in context... We ... my institute works with a large number of communities throughout the Commonwealth of Massachusetts, and we have come to see how precious these waterfronts are to the communities that have them. We’ve also seen what a scarce resource it is to have a waterfront like Nantucket Harbor has, where there is the activity, both the public activity and the commercial water dependent type of activity that exists there. I would suggest it’s particularly important for a place like Nantucket where the harbor is really a lifeline for the island, where it serves passenger and cargo water transportation, where recreational boating occurs, where the commercial fisherman and recreational fishermen are allowed to ply their trades. So it is both a scarce resource and resource that over time tends to be displaced by other types of uses that are... considered to be from a market point of view, higher and better uses. But the importance of this very scarce resource is requires that it be protected, and that’s really the intent of this article. It is both the intent, I believe, and the effect, of the way the article was written. And some of the things that I’ve heard I think really are a mischaracterization and a misinterpretation of what this article is intended to do. I think if you look at Sections 2 and 3 you’ll see where the purposes are elucidated quite clearly, and I would put them into two categories: One is to protect and preserve existing water dependent uses, in other words, protect them from being displaced by other uses that don’t depend on a waterfront location; and then the second area is to encourage water dependent uses on those properties that abut the waterfront. There’s reasons for doing that, and the people of Nantucket who worked on this were able to describe that very clearly, and it’s what’s behind this article. The second piece of it is, the properties that are... effected by this article are also filled tidelands. And those properties are subject to Chapter 91... which is a regulatory program administered by the Massachusetts Department of Environmental Protection, and they’re goals of that program, and the requirements of that program are very consistent with what has been written into this zoning bylaw, and that was the second thing that we were trying to achieve. In order to streamline and simplify permitting on the waterfront, we wanted to make Nantucket zoning bylaw consistent with the state regulatory program, so that people who wanted to do something on their properties would really be faced with one set of regulations that weren’t in conflict with one another. In terms of the state’s harbor plan, and their approval for that is pending now, the state is not going to suggest to Nantucket what should or should not be in its Harbor Plan. You the People of Nantucket prepared that plan, the BOS approved it. All the state is going to do is review it for consistency with state policy and give their stamp of approval to that plan, and we should expect to see that within several months. Thank you very much. Mr. Moderator: Thank you. And welcome to 2008 Nantucket Town Meeting. You should be paying us. Um, anyone else? Yes? Speaker: My name is Bam La Farge. I’m— Mr. Moderator: If you could just repeat your name again please, your mike wasn’t working. 46 Speaker: My name is Bam La Farge, I’m on the Harbor Plan Implementation Committee.. I was involved with some hard work, but I don’t want to harp on any hard work. I don’t know whether you guys want to approve this plan tonight or not... this Harbor Overlay District, but I think something that’s come out of this that everybody should know, and Mr. Wiggin has brought it forth, is Chapter 91.... Chapter 91 comes from the 60’s... not the 1960’s, but the 1860’s... and it decrees that the air, the sea and the shore belong not to anyone person, but to the people at large. This is before Karl Mark, this isn’t like a communist thing. This is that there should be a proper public purpose... to anything that happens in these filled tidelands below the historic high water mark... All of these properties are in Chapter 91... they’re on the seaward side of this line... I think that Mr. Cohen... I don’t if any of you guys ever kept bees, but if you want to go into a beehive and you want the bees to all behave, you blow smoke on ‘em... I think that’s what Mr. Cohen is trying to do to us here... (some laughter) Mr. Moderator: Now, be polite... La Farge: I want to say that... in Chapter 91, it says it encourages the development of city and town harbor plans to dovetail waterfront land use with the Commonwealth’s statewide concerns... We’re not a bunch of radicals here. We’re trying to put forward something that we believe in. And I don’t want to get down on any one person who’s an owner there, but, you know what, we do have some ownership of what you say you own... because it’s on the water, because it’s Chapter 91, because it’s filled tidelands... A long time ago, it was mud along there, it was an estuary, basically, now it isn’t... but it still belongs to the people, and everyone who has a Chapter 91 license or gets one needs to have some proper public purpose... Thank you... Mr. Moderator: Thank you... In the back, we’ll go to the ... first one you come to Dave... there we go, and then we’re going to come on down to the person in the blue... in the second row, second level... Speaker: Thank you, Mr. Moderator... My name is Rick Bodette... I’m an attorney... I represent Madaket Marine... There’s been a lot of talk tonight already about the effect this’ll have on the town and the Town Overlay District... Well, I want to point out and remind everyone that this harborlay... this harbor overlay district is going to occur in Madaket as well... and the owners have asked me to come tonight because they are very concerned about how this Overlay District severely limits their property rights... Specifically, they want to preserve their right to put a house on that property if the boatyard ever becomes unviable... if the boatyard ever has to go out of business... Under this Overlay District, if the boatyard goes out of business at some point, the owners of Madaket Marine will have zero use of their property... zero.... and it’s important to note how different... how drastically different the effect will be on the town overlay as opposed to Madaket... Take a look in you book... Mr. Fronzuto mentioned there are 80 property owners that are effected in town... excuse me, there are 80 lots... a number of property owners that this effects in town. Take a look again at the Madaket overlay district... there are four lots... it only applies to Madaket Marine... I’ve heard some discussions about Spot Zoning? If this isn’t a species of Spot Zoning, I don’t know what is... Now, the difference, the big difference here, is that, if, for instance, one of those businesses in town goes out of business, and has to move to a water dependent use or some other use under this Harbor Overlay District... If they go out of business they can be replaced by another business.... and perhaps a viable business... because of all the foot traffic downtown, because of all the people that the other businesses around bring to the area... by contrast... take a look at Madaket Marine.. If for some reason, some unfortunate event happens, the marina cannot be viable anymore, then, in that event, the owners have zero use of their property. There’s no other foot traffic to be brought there. They can’t just open up a bait shop and somehow make that property useful. The only other use they have is to stick a house there... Now, there’s been some talk about the purpose of this article, and it seems the purpose is to avoid another yacht club... now, Madaket Marine has never indicated to 47 anyone in this town that they would be anything other than what they have been for 50 years... A public boatyard open to the people of Nantucket serving families... And so, their good neighbors to the people of Madaket... Please, I ask you, vote no on this article, preserve that Madaket Marine has today, the only two right that they have. Thank you. Mr. Moderator: Thank you... If you would come forward to the microphone... Speaker: It is on? Okay... Sorry... My name is Kenneth Gullickson, I’m an attorney as well, and I’m sure I’m going to be accused, more so than Mr. Cohen, of lawyering or blowing smoke, but so be it... I do have a client.. I wrote a handout with Mr. Arno, which I hop everyone has and has read, because I’m not going to cover most of what’s in it... I do have some more, if anybody’s interested...(Louder!) Um, sorry... I’m sure that a lot of effort did go into this article, but I don’t believe that the consequences of it were thought out... A structure is not just a building.. It’s a defined term... It’s actually going to be redefined at the Town Meeting if you read article 63 it lists what a structure is... Under Paragraph 3-D of Article 49... the Town could not put up a new dingy rack at the Town Pier unless it was more than 25 feet from the high water line. If the Town did put one up, it would have to provide all of the uses listed in Paragraph 3-F... The same is true of anybody in the District who puts up any new structure, whether it’s a doghouse, a shed, or anything else. We read recently about some benches that were proposed for Great Harbor Yacht Club, and they were going to be relocated, something further from the water... Under this article, they have to be at least 25 feet back from the water, if they qualify as a structure, which would be left up to interpretation of either our Zoning Enforcement Officer or somebody at the Planning Board, we’re not really sure who... I really don’t think that this is what was intended by the authors of the article, but if you read it, that’s what it says. It’s very clear, if you put up a new structure, you have to provide those uses on the structure or on the lot. Most of the lots of course are too small... It’s ridiculous to think that that could happen but again, that’s what it says. Again, most of the lots are inappropriate for those uses because the water’s too shallow, and you just can’t do most of those things on Washington Street... Again, that’s what the article requires as it’s written... (tape ends) (tape resumes) --- 54 allows nonconforming structures to be rebuilt, but the issue isn’t really nonconforming structures here, it’s nonconforming uses... Article 54 does not protect nonconforming uses... if something happens to a residence that’s a conforming structure, you would not be able to rebuild it if this article passes... I think Article 49, I think Mr. Cohen touched on this, and I’d like to repeat it, but I think it in some cases discourages water dependent uses... If somebody came to me and said that they were contemplating opening a business, or if they were a landlord and contemplating renting it to somebody who’s going to open a water dependent business, I would advise them not to... because then they’re locked in, they can’t change it, if that business doesn’t work out you can’t go back to something else, you’re stuck with it... I think that could have an effect on property values... if it does, then is the town going to assess things a t a lower value? Do we really need more of those uses? I do think we need more launching ramps, I’m not sure where they could go... but I don’t think all the downtown waterfront should be lined with the uses that are listed in 3-F, which, again, if properties, something happens to them, they have to be rebuilt or something, they would have to include those uses. Most of those uses are not water dependent. A lot of them occur elsewhere on the island... And for all of those reasons I would ask you to vote no on Article 49... I would also like to hear if possible Town Counsel’s opinion as to the legality of adopting this without the Harbor Plan in place. Thank you. Madden: Thank you... There was a woman over here I believe who had her hand up... 48 Speaker: My name is Heather Coffin... And I was just wondering if the proponents of the article explored the option of offering incentives to the owners who would use those properties as water use? Something equivalent to an agriculture preservation restriction? Madden: Anyone want to try to answer that? I don’t see any hands going up.... Speaker: I can answer that question.... Madden: Uh... Anyone else? Yes, in the back there, please? Speaker (Taylor): My name is Moncure Chatfield Taylor... I think it’s fair to say that there hasn’t been any article tonight that’s generated the kind of lawyer interest that this one has.... And if anyone’s tried to preserve any uses on the waterfront that exist, welcome to the waterfront.... This is the way it is... You have lawyers poppin’ up all over the place, all making objections, all saying it can’t be done... I hope we adopt this article tonight... I’m tired of the fear... I’m tired of the accusations... I think we need to reclaim our waterfront wherever possible... We’ve lost almost all of it... And it’s 1661 that the Chapter 91 law and the right to fish and fowl was part of this state law, not 1861... I hope you support this article and adopt it. Madden: Thank you... And, before we go on, let’s remember- well I’ll remind you... When I was a kid and I was taught that you needed a good doctor, a good lawyer, and a good banker... so... I think lawyers have a right to speak, and I think as long as we keep it civil I think everyone’ll be happy. Thank you... Some people are uncomfortable speaking, and if they’ve hired counsel, that’s their prerogative...Thank you. Anyone else like to speak? Yes? Yes, please, in the back... Speaker: My name is Matt Mayo... My father was a fisherman, my grandfather was a fisherman, I respect all that, but... I have one question with the commercial marina... this can’t stop the one that’s already there... but the growth of commercial marinas I think would be a detriment to our town, and if commercial marinas... as in, future ones... could be stricken from this, I think it would be a better article, and I’m just wondering if that can be done by an amendment on the floor. Mr. Moderator: Uh... Let’s ask the floor... Sarah? I’m seeing a head shaking no at this point... Anyone else? Sarah Oktay? Speaker: Thank you, Mr. Moderator... My name is Sarah Oktay... I’m the Chair of the Harbor Plan Implementation Committee, and I was also involved in the Harbor Plan Advisory Board, and have been to and helped hold and created websites and forms and comment letters and listened to the public on this issue for about two and a half years. In order to find the best possible solution for all of the people of Nantucket, for preserving our current use of our waterfronts. Quickly, to respond to a couple of questions, we’re not picking on Madaket Marine. That property, as Mr. Vorce can easily tell you, is all in the RC Zone... We selected the entire R-C Zone... we realize that is just one owner... that is not Spot Zoning... that is an entire zone that just coincidentally happens to be owned by one person. Um, and... as to some other questions... there’s a handout that some of you all have seen, that has some inconsistencies that I just wanted to quickly comment on...As has been very nicely said by many of the speakers tonight, we’re trying to preserve what we currently have now... we’re not going to be kicking out the 54% of residential owners out on the streets and making them change their homes into marinas... We want to keep our waterfront, which is currently 80% commercial, non-water dependent and private use, and only 20% for the public, and for public, commercial water dependent use... We’re trying to preserve that last 20%... you could imagine what would happen if we lost a ramp... If we lost the Hy-Line... If we lost some of these charter boat slips... and these slips aren’t just for our scallopers and for a couple of charter fishermen... part of the reason why people 49 come to Nantucket is because we do still have a vestige of a working waterfront... this helps support our tourism, our economy, everything that makes Nantucket, Nantucket... We were based and grew as basically a water dependent island... and this has been vetted... We’ve heard comments from hundreds of people over the years... This is part of what the people of Nantucket would like... We actually are given more flexibility by having a longer list of accessory uses, some of which are not included in Chapter 91... that gives more flexibility to a homeowner... Yes, if you had a house on Washington Street, you could add a second story that would not change the footprint, you could add bedrooms... If you change more than 100 square feet, though, you would have to include one of these many different options, whether it’s a view easement, a park bench, a berth for a couple of dinghies...A dinghy rack for instance would be water dependent... something like a park bench is not a structure... I’m trying to just go over what all I heard tonight... this article would maintain and expand public access to the water instead of restrict public access... If you’ve ever walked along a harbor somewhere in the United States, and you’ve had to walk three miles before you can access a beach or a harbor you’ll know what I’m talking about.... Um, it could possibly prevent another private yacht club from being built on the waterfront, but this wasn’t designed as a reaction to the Yacht Club. This actually came out in 1993, so this is way before Great Harbor Yacht Club came about. It would also not eliminate current uses, 80% of which is private residential. Chapter 91 requires these public amenities and protection of water dependent uses on the waterfront, and this would give Nantucket more say. In addition, this article we were asked to bring it back from last year through t the Planning Board. We vetted it through various lawyers, different homeowners... It is supported by the BOS, the PB, the SHAB, the Civic League and many other organizations here on the island. as well as the preponderance of people that have come to our meetings. The grand-fathering clause, Article 54, came out of all of these productive discussions that we’ve had over the past two and a half years, and allows people to rebuild a nonconforming use. The implementation is described in the article, and will not be difficult... And if you agree that it makes sense to preserve the character of the downtown waterfront and the use and waterfront of Madaket also, then I’d ask you to vote yes on this article. We’ve only got one waterfront, and we need to protect it, and it belongs to all of us. Thank you. Mr. Moderator: Thank you... Andrew.... And then I’ll come to you, Catherine... Andrew Vorce, our Planning Director... Vorce: Thank you Mr. Moderator, Andrew Vorce, Director of Planning. I, uh, just wanted to point out... a couple things about this article... The current zoning district is a Commercial district... It’s RC, and it’s basically the district that we’re working with... I think one of the important things about the commercial use, and it’s something that’s recognized in Chapter 91, is generally commercial uses want people to come down, want people to walk around, and want people to be there... As residences, at least on the first floor, may not want people around, walking by, looking in windows, that’s one of the reasons why Chapter 91 requires residential uses on the second floor. Furthermore, I think that, as Ms. Oktay mentioned, this article last year needed a significant amount of work, and that has been done over the past year. People knew that this article was coming, and had many opportunities to bring forward these articles, and we could have made any further changes during the open public hearing process... Thirdly, I would say that... we have, in the past, in the town, when we’ve identified certain characteristics that are risked, we have passed overlay districts, and some of them have been risky... A non-risky one was when we identified our public well head source, and passed an overlay to protect and take out uses that would be harmful to that... Several years ago, we passed, I think, a very risky, and... actually broke some new legal ground... with an overlay district that excluded formula businesses... we certainly had many people advising us that that was not going to be legal, and that was going to be a problem... This will get a final review at the Attorney General’s office... So I think that people should make up their minds on whether or not the harbor is important to protect, and the legal issues will be solved and reviewed at least at a further stage. Thank you. 50 Mr. Moderator: Thank you.... Catherine Stover... Stover: Catherine Stover, Liberty Street, Nantucket... Ladies and Gentleman, I am all about the water this year. I brought that article forward last night, Article 67, that was not called... and that is to develop a plan that will protect our coastal waters... It is to help us regain control and keep control of our water right out to the three mile limit... And I really don’t care if I see another precious cottage on the water... I don’t really give two squirts in a fiery place whether I have a glass of wine at a gallery on the water... I believe in saving our harbors, in saving our water, in saving our resources. So please, pass this article, the next one, and the next two after that, and protect our waters. Mr. Moderator: Thank you... Anyone else? In the back.... Speaker: Thank you, Mr. Moderator... Um, my name is Tobias Glidden... and I am a summer resident on the water... I live on a sailboat there, and I feel that over the past years my father’s fish market has been pushed out of the downtown area. I feel it’s not helpful for us to drive out to the airport to pick up freight... It would be much more convenient for us to shuck scallops and um, act... move about selling fish down there... Also, as a person living on the water and as a youth, I find it’s really financially possible for me to stay on this island and go about a pleasant, beautiful life because I have a place where the community promotes people living on the water. And I would like to see that done more by this article, and I would ask that people strongly support our youth... And right now, I’m being pushed outside of the mooring field along with lots of others, and I would like to see people come out and support people living on the water.... and I would ask you to support this article. Thank you. Mr. Moderator: Thank you...I will also add that it would be nice to see more young people in the audience... Mr. Murphy.... Murphy: I would like to move the question... Mr. Moderator: The question’s been moved. It’s non-debatable. It does require a two- thirds vote... All those in favor of moving the question, say “Aye.” Audience: (Loud) Aye! Mr. Moderator: Those opposed...? Audience: (soft) no.... Mr. Moderator: I declare a two-thirds vote. We’ve moved the question. We’re going to go to a vote now on Article 49... A “Yes” vote will adopt the article, a “No” vote will defeat the article... All those in favor of Article 49, please say “Aye.” Audience: (loud) Aye! Mr. Moderator: Those opposed...? Audience: (scattered) No.... Mr. Moderator: The Moderator declares a two-thirds vote... Article 49 passes.... We’re going to move on to Article 50... That article was called by Mr. Cohen... We’re going to go to him first, but prior to doing that, I’m going to go to the chairman of the BOS and ask him to make a motion, please... Wilhauer: Yes... The BOS approves and moves this article number 50. 51 Mr. Moderator: Is there a second?... Motion’s been made and seconded... Article 50 starts on page 82, but really gets going with the PB recommendation on page 84 at about the middle of the page... Mr. Cohen? Speaker: Point of Order! Mr. Moderator: Yes? I heard a Point of Order? Speaker: Mr. Madden? Here... Over here! Mr. Moderator: Yes? Speaker (Spriggs): Um, I believe this was a PB motion, and....the PB moved that the Town... you can see it right on the screen, rather than the BOS... Mr. Moderator: I’m just going from my book, Mr. Spriggs, but go ahead please... If you’d like to move the question as well, go ahead... Spriggs: Uh, after.... I’m sorry.... Mr. Moderator: Are you making a positive motion, Mr. Spriggs? Spriggs: Yeah, we’re making a positive motion. Mr. Moderator: Is there a second?... Thank you... With that, Mr. Cohen... Cohen: Mr. Moderator, I have one amendment to this article... that I’ve already submitted, to remove one property that has no shorefront, and I believe the proponents of this article have accepted that as a friendly amendment. I have no other comments, if that’s acceptable... Mr. Moderator: That’s fine... Are you making that as an amendment? a motion? Cohen: Yes. Mr. Moderator: Is there a second? Motion’s been made and seconded as a friendly amendment. Any discussion?... Seeing none, we’ll go directly to a vote on the amendment by Mr. Cohen.... All those in favor, say “Aye!” Audience: (soft) Aye! Mr. Moderator: Those opposed? Audience Speaker: (inaudible) Mr. Moderator: I’m sorry? (Inaudible from audience) Let’s go to Mr. Fronzuto please, then. Thank you... So we’re going to hold off on the vote on that. We’re going to backtrack a little. Fronzuto: f I can get the microphone to work... Thank you, Mr. Moderator... This property, upon further review, when the map was prepared for Article 50, we followed the RC Zone, and this particular property happens to be in the RC Zone, but upon further review that particular property does not have direct waterfront access, so we would support the amendment. Thank you. Mr. Moderator: Thank you... Any other discussion? And I apologize for not seeing your hand there Dave, in the corner... With that, all those in favor of the amendment by Mr. Cohen, please answer by saying “Aye!” Audience: (loud) Aye! 52 Mr. Moderator: Those opposed? Audience: (single voice) No. Mr. Moderator: The motion carries. No we’re going to go back to Article 50 as amended by Mr. Cohen. Comments? I’m not seeing any hands, so if you have something to say you better speak up, ‘cause I can’t see you if you have ‘em up... Seeing none we’re going to go to a vote. This requires a two-thirds vote... All those in favor of Article 50 as amended by Mr. Cohen, please say “Aye!” Audience: (loud) Aye! Mr. Moderator: Those opposed? Audience: (silence) The motion carries by two-thirds vote. Thank you very much. We’re going to move on to Article 51...This article was put in by the BOS for the Harbor Planning Committee, and the motion is by the Planning Board, so I’m going to recognize Mr. Spriggs as Chairman of the PB. Spriggs: So moved, Mr. Moderator. Mr. Moderator: Is there a second? Wilhauer: Yeah, the BOS supports Mr. Spriggs, and we also support this particular article. Mr. Moderator: And we’ll take that as a second from the Chairman of the Board of Selectmen. (Laughter) Article 51, you’ll see the PB motion starts towards the bottom of the page, and basically ends on that page. This article was called by, I believe, Mr. Vorce... Vorce: Thank you, Mr. Moderator, I called Article 51 and 52 because at the time we didn’t know what the outcome of 49 and 50 would be, so I would be happy to withdraw my call on both Article 51 and 52. Mr. Moderator: Any objection to that?.... Anyone else like to call those articles?... With that, seeing how we’ve started on 51... Yes?... Would you like to speak on 52 as well? Just 51... So is anyone else going to want to speak on Article 52?... If not, we’re going to throw that back into the hopper. Consider it hopped. With that, the gentleman in the back... Thank you, Mr. Vorce. Speaker: Thank you, Mr. Moderator. I won’t take up too much more of your time... You’ve all heard what I have to say... This article effects only Madaket Marine, and let me also say that, the owners of Madaket Marine, and the operators, understand the reasons for Article 49 and 50... We have a difficult time understanding the reasons for this article... and including just Madaket Marine in this map... As I said earlier, if the Tow doesn’t want another yacht club, then bring an article prohibiting yacht clubs. I think we’d probably support it. But to extinguish an owner’s property rights in this manner is fundamentally unfair. I ask you to vote No on this article. Mr. Moderator: Thank you. Anybody else like to speak to this article? In the front... Mr. Wilhauer, Chairman of the Board of Selectmen. Wilhauer: I’m Whitey Wilhauer, Chairman of the Board, but I used to own Madaket Marine, between 1956 and 1966, and the island needs boatyards... and we need the capacity. If we lost that capacity here, where would people be able to launch their boats, haul their boats, etc. So we do need to preserve our capability of launching and hauling boats, and to haul boats during storm surges... so I would hope that you would support this article. It’s absolutely necessary for the future of Nantucket. 53 Mr. Moderator: Thank you. Anyone else like to speak to the article?... Yes, in front there. Sarah Oktay... And Sarah, if you need a pointer, I brought one of these... Oktay: Thank you, Mr. Moderator. Just very quickly, we did sit down with the owners of Madaket Marine, and with the representation. They were quite gracious, and we tried to kick around different ideas, whether to separate off one of the parcels... We offered them all the options that Andrew, Dave Fronzuto, our committee and I could think of to try to preserve some amount of build-able lots. I think Mr. Vorce can verify this... There should be at least one or two pre-polled subdivision plans, one A & R and one that requires approval, so these owners do have some amount of protection. It’s simply, all of the R-C Zone is owned by one person. And I agree with Mr. Wilhauer that this is an area in Madaket where we really need to have an area where boats can be hauled, can be maintained... I won’t speak to any kind of expansion or anything, but this property and Chapter 91 would request that this property, being in a wetland environment, basically, needs to be water dependent. And this was just as important, if not more important, to the group two years ago, and to our group now, and to many people that we spoke to in Madaket, and I would encourage that you keep... that you vote Yes on this Article 51. Thank you. Mr. Moderator: Thank you. Anyone else like to be heard? Yes, in the front? Mr. Miller? Vice Chairman of the Finance Committee... Miller: I wonder if we could ask Mr. Vorce, through you, to elaborate on the protections that are being afforded the owners, that Ms. Oktay just referred to... It wasn’t clear to me what protections you’re alluding to... Mr. Moderator: Mr. Vorce...? Vorce: Thank you... Mr. Miller, there is, under State law, several levels of protection that the owners of Madaket Marine have filed for. By filing an Approval Not Required Plan, they are entitled to a three-year-use permit, which basically protects the uses that exist now, from how they might change from the Overlay District...and by filing a Preliminary Plan in the event that that is approved, they would have eight years of protection under the state law. So they do have a -- state law does provide a fairly extensive amount of grandfather protection for them. Mr. Moderator: Thank you... Andrew. Any other questions?... Seeing none, we’re going to move to a vote. This does require a two-thirds vote. All those in favor of Article 51, please say, “Aye!” Audience: (loud) Aye! Mr. Moderator: Those opposed, No? Audience: (scattered) No... Mr. Moderator: I declare a two-thirds vote. The Article 51 passes...Because I rarely look over my shoulder, there was actually someone behind me who was calling Article 52... So we’re going to do 52.... just for a small technical amendment. So we’re going to put that back up. I just fished it out of the hopper. So it’s back up on the board. The amendment is what you see in yellow that is stricken through.... If we can accept that friendly amendment, we can put it back into the hopper, if everyone agrees... If anyone has any... any issues with it, please say so... I think we consider that one dealt with, so we’re going to put it back in the hopper. Thank you very much. As amended, supposedly at the beginning of the meeting. Thank you... We’re going to move on to Article 53. It’s a citizen’s article, but it does have a Planning Board motion... I’m going to recognize the Chairman of the PB for making a positive motion on Article 53... Mr. Spriggs... 54 Spriggs: The Planning Board makes a motion that we not adopt this article, due to the passing of the other three articles. Mr. Moderator: My understanding is the proponents of the article did not want to make it in a positive motion. Is that still correct? Spriggs: That’s correct. Mr. Moderator: Okay... With that, we’re going to move that the article not be adopted. All of those in favor of that motion, please say “Aye.” Audience: (loud) Aye! Mr. Moderator: Those opposed? Audience: (Silent) Mr. Moderator: That motion carries unanimously.... And I think that does it for me. (Applause) Thank you very much... Madame Moderator: Thank you. Mr., Moderator: My pleasure. Madame Moderator: Sorry to make it so confusing. Mr. Moderator: No, it’s quite alright. Madame Moderator: Thank you, Tim. Nothing like having Tim come in and do all the hard work... Article 55... Article 55... as you’ll recall, is one of the articles that had that pesky bulleting issue, so we did correct that at the beginning of the meeting. The recommendation of the PB starts on page 94 of the Warrant... It goes.... Speaker (Spriggs): I thought we went through that already— Madame Moderator: -- Oh, you’re right. You’re absolutely right. Spriggs: We put it in the pot. Madame Moderator: We did... Sorry... 55 we did withdraw... However... not.... Speaker: I’ll also withdraw my call of Article 56... Madame Moderator: Oh fantastic. Okay... Thank you.... So... 55... 56... Does anyone else wish to discuss 56?... Great... 61 and 62 were also withdrawn, so that brings us to... 64? Correct? Okay... Great... Okay... We have a... we had a technical amendment to Article 64... that deleted Parcels 139-9, Residential-Commercial, and 139-9A-12, Residential-Commercial... with the PB comment being the portions of the motion being removed were addressed in Article 28 and are no longer necessary... The bulk of the motion starts on page 112 of the Warrant and continues to page 113... I’d ask for your unanimous consent to waive the reading... Thank you... And I’d recognize Mr. Spriggs, Chairman of the PB, for the purpose of making that motion with the technical amendment. Spriggs: So moved, Madame Moderator. Madame Moderator: Thank you. Is there a Second? Second... Mr. Vorce, do you want to speak to this first? Vorce: Madame Moderator, Andrew Vorce... Uh, this article is nothing more than a simple housekeeping article. Article 28 and 29 have basically already changed 55 this to Commercial Downtown, and this article merely brings the rest of the bylaw into compliance with those changes that have already been voted. Madame Moderator: Thank you... Mr. Keys?... We’ll get you another one... It’s having a protest strike due to the lateness of the hour-- Keyes: -- Thank you very much. Um, this is a minor matter, but words do matter, and I’m concerned that we’re dropping the Residential component from the Downtown Commercial District, particularly since cities and towns all over the country are changing their zoning in the opposite direction to encourage residents, above businesses downstairs... which are located downstairs at street level... and the whole loft movement in many towns and cities is an attempt to move more people into central business districts... I realize that nothing in this motion changes the ability of people to reside downtown, but, by removing residents as a normal aspect of the zoning plan... you’re setting the assumption that over time the district will become more commercial... The best way to have a viable downtown is to have people living there. So I would urge us to reject this motion. Madame Moderator: Thank you... Mr. Vorce? Vorce: Madame Moderator, um, nothing in this article does anything to change the existing uses... In fact, when we adopted new standards for the downtown, we made sure to include residential uses. The commercial... downtown has always been a commercial district... We certainly are encouraging it to always be a mixed use district... and residential uses are continuing to be allowed, so I really think that we need not get hung up on whether there’s an “R” there... The intent of the district is exactly what Mr. Keys has just talked about, and that’s covered in other sections of the bylaw. Madame Moderator: Thank you.... Okay.... This requires a two-thirds vote. A “Yes” vote will adopt the motion with the technical amendment, a “No” vote will defeat the motion... All those in favor, please say,, “Aye!” Audience: (loud) Aye! Madame Moderator: Those opposed, No? Audience: (few) No... Madame Moderator: I declare that the motion with the technical amendment is adopted by a declared two-thirds vote... Article 70... Article 70 appears on page 119 of the Warrant... It has a positive recommendation from the Finance Committee... Moved that Chapter 124, Signs, Satellite Dishes, Rooflines, of the Code of the Town of Nantucket is hereby amended as follows: 124-12 Notice: The Historic District Commission shall establish regulations to provide for the giving of notice to interested parties of hearings on all applications that involve new construction resulting in an overall change of 100 square feet or more of floor area. Such regulations shall include a provision that notice shall be given to owners of all adjoining property, and other property deemed by the Commission to be materially affected, thereby, as they appear in the most recent Real Estate Tax List of the Board of Assessors, and to such other interests as the Commission shall deem entitled to notice by adoption of rules and regulations. The Commission shall give notice of hearings in accordance with its regulations.... Recognize Mr. Atherton, Chair of the FC, for the purpose of making that motion. Atherton: So moved, Madame Moderator. Madame Moderator: Is there a Second? ... Motion is made and seconded... Ms. Benz.... Benz: I first want to say that I am speaking as a private citizen, not as a member of the FC... Article 70 is fundamentally about fairness, openness, and transparency in projects coming before the Historic District Commission... It is also about 56 assuring property owners access to HDC proceedings early in the development of a project, rather than after all the discussions have taken place, when it is likely too late to provide input or comment, or ask questions. Article 70 reduces the notice requirement to abutters for new construction from 1,000 square feet or more of floor space, to 100 square feet of floor space. Presently, there is no requirement to notify anyone on building projects of 1,000 square feet or less... This is the size of the Weezie Library, the children’s library, a single-story structure of close to 1,000 square feet of floor space. It may explain why some of us sitting here have had an unpleasant surprise when earthmoving equipment or cement trucks arrive next door or in the neighborhood. How many of us have asked, “Why didn’t I know about this?” Particularly here on Nantucket, where we assume the HDC will protect... Our present bylaw may be the explanation. Two examples of unpleasant surprises recently occurred in the Historic District, when a 750 square foot structure was cited less than five feet from an NHA property on Fair Street. The NHA received absolutely no notice. It also happened on India Street, when an 864 square foot addition was approved for an historic cottage, the oldest structure on the street... None of the abutters was notified. Some people have told me that Article 70 may not go far enough... In fact, it does not meet the Commonwealth’s guidelines, followed by more than two hundred other Historic District Commissions... These guidelines require written notice to all abutting property owners for any exterior change within that Historic District.... The guidelines also require a fourteen-day public notice period... Here on Nantucket, these guidelines do not apply... HDC agendas are rarely available until the day before the hearing... This makes it extraordinarily difficult to be made aware of the project, review plans, prepare, or participate at the meeting or hearing... Now, contrary to the comment in the Independent, on Article 70, the expense of notification is paid not by the Town, but by the applicant. I think it is significant that all four HDC candidates supported the article when asked about Article 70 at Meet the Candidates... As you’ve heard, the FinCom also gave the article a positive recommendation... The HDC has discussed this article at several of its meetings... and I do recall when Mr. Voigt came before the FinCom, when this article was discussed, he said that there would be little or no administrative impact on HDC staff since applicants notify the abutters... He also noted further that participation early in the process can be helpful, particularly in the Old Historic Districts... I hope you agree that this article will increase transparency, and fairness in the HDC process... Nantucket places a very high priority on our architectural heritage. It is one of the significant reasons that people come here, making it a major component of our economy. All of us need to be involved in preserving it if we so choose. Thank you very much. Madame Moderator: Thank you... Mr. Roggeveen. Roggeveen: Thank you Madame Moderator... I’m Dirk Roggeveen, I’m the Chairman of the Historic District Commission, and I am speaking as Chairman of the Historic District Commission.. um, in proposing this amendment, which was discussed at our meeting... Um... I believe it’s in yellow, but it needs to be scrolled up, I don’t have it committed to memory... Um, I am proposing that we return the 1,000 into the main language of the bylaw, so that it says... “resulting in an overall change of 1,000 square feet or more of floor area...” and then adding a clause, “comma... or, 100 square feet or moor of floor area in the Old Historic Districts of Town and Siasconset, as may, from time to time, be defined by the HDC.” Madame Moderator: Is that your motion... Roggeveen: That is. Madame Moderator: Is there a second? Motion’s made and seconded. If you would like to discuss it, you may... Roggeveen: Yes, I would, and, in doing so, I would actually beg your indulgence in reading this, because this statement is actually something that was approved by the HDC members, and I wouldn’t want to deviate too far from it... Um, regarding 57 Article 70... Article 70 proposed to revise the HDC’s current Abutter Notification threshold from 1,000 square feet to 100 square feet. The HDC encourages public participation in the process, and doubts additional notification will disrupt or delay its meetings. However, additional notification is expected to add to HDC staff time. The typical response to receipt of a Public Notice is for the recipient to phone the HDC. The Commission is concerned that the increase in such calls will seriously impact a staff already at capacity due to the sheer number of applications processed through the office... Accordingly, while we recommend against adopting Article 70 as drafted, we would support adopting it if it were amended to apply only to the two Old Historic Districts, Town and Siasconset. 100 Square foot alterations or outbuildings are more likely to have an impact on abutters in those two districts due to the historically existing small lot sizes, setbacks, and groundcovers. We do not believe the same scale impact occurs in outlying areas of the island.... That was the statement that was approved by the HDC commissioners... I just want to add, because Ms. Benz raised the issue about how other Historic Districts process their applications and what kind of notices they give, just by presenting the figures... from.... what are these from? That was.... (What year, do you mean?)... Yeah.... These numbers? (This was generated in 2000.) It’s roughly 2000 to now, according to our administrator, Mark Voigt.... Cambridge processes about 432 applications a year, with a budget of 491,000 dollars... Boston processes 1,229 applications, with a budget of $400,000.00. Nantucket process 2,000 applications, with a budget of only $226,000.00 ...It’s a small staff, it’s a heavy workload... There are other reasons other people might discuss about why this might not work as originally drafted... I’ll let them raise it... The HDC’s main concern is the impact on its staff time, and the amendment is proposed to essentially shrink the list a little to the areas that are probably most affected by 100 square foot additions or structures. Thanks you. Madame Moderator: Thank you... Mr. Barnes... Barnes: Curtis Barnes.... Thank you, Madame Moderator... I’m speaking to the amendment, and it’s exactly the amendment I was about to propose... As long as you apply this to the Old Historic Districts in Siasconset and the Town, it’s fine... But to ask someone to go through the process, and I would remind you that the process means going to the Assessor’s Office, asking for an abutters list, waiting a week or so, although sometimes they’re a little more efficient, and then sending out all of the notices,,, It puts an excessive burden on the applicant, or the applicant’s agent, which I happen to be, on occasion, and it also has the effect, for example, of saying that, under our current regulations, you can put up a shed of 120 square feet, and it doesn’t count against ground cover. This would actually say that those sheds are no longer allowed to be installed without abutter notification. So I support the amendment as it covers the Town and Siasconset, and ask you to vote the amendment, and then we can vote for the article. Thank you... Madame Moderator: Thank you... On the amendment only... Mr. Atherton... Atherton: I speak to you tonight as one who is not in the Old Historic District, and while I certainly appreciate the possible impact on the workload, I don’t think that realistically is very significant... I suspect the workload is far greater when notice is not given... and people then find out something’s going on next door, whether you live in the OHD, or whether you live in Madaket or some other place around town, in Tome Nevers, or where I happen to live, on Squam Road... It seems to me that public notification is a responsibility we all have as participants in the public process, and I just get a little concerned when we find people trying to cut that off I think unnecessarily... So I’m rising to speak against the amendment. I would support the article as originally submitted. Thank you. Madame Moderator: Thank you... We’re going to go to a vote on the amendment. A “Yes” vote will adopt Mr. Roggeveen’s amendment, a “No” vote will defeat the amendment. It requires a majority vote. All those in favor, please say, “Aye!” 58 Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” Audience: (loud) No! Madame Moderator: Okay... we’re going to do a hand count on that amendment... All those in favor of the amendment, please raise your hands and keep your hands raised until the tellers have had an opportunity to count your vote...Okay, all those opposed, please raise your hands and keep your hands raised. We’re just voting no on the amendment...Okay, on Article 70, the amendment only, Yes, 188, No, 68... The amendment is adopted... So now on Article 70 as amended by Mr. Roggeveen’s amendment... is there any further discussion? Yes, the gentleman straight in the back... Speaker: Hello, my name is Michael May, and I am the Executive Director of the Nantucket Preservation Trust, and I would, I hope that Town meeting will support this article. I think it’s really important to have public participation, and I think it’s a very good step. Thanks. Madame Moderator: Thank you... Okay... This requires a majority vote.... Is that correct, Mr. DeRensis, a bylaw amendment? A majority? Okay... We’re out of zoning... That’s so exciting... I didn’t even realize it... Um, so we need a majority vote. A “Yes” vote will adopt the motion as amended by Mr. Roggeveen, a “No” vote will defeat the motion. All those in favor, please say, “Aye.” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” Audience: (soft) No... Madame Moderator: The main motion, as amended by Mr. Roggeveen, is adopted... Article 71... Article 71 starts on page 19 of the Warrant and runs to page 120... The Finance Committee motion was that the article not be adopted... We have a positive motion for Mr. Lydon to put before you... That motion is as follows... “Moved that a new paragraph be inserted at the end of Section A of Section 1036- Parking Permits of the Code of Nantucket- reading as follows: Residents parking permits shall be issued to Nantucket registered voters upon the following conditions: A) The application for the permit shall be submitted between January 15 and June 1 of each, with no time restrictions for the applications in 2008; B) The fee for said permit shall be paid annually, in an amount to be set by the BOS, pursuant to General Laws Chapter 40,Section 22-F; C) Applicant must submit proof that he/she is a registered voter and lives on Nantucket; D) Permits shall be limited to one vehicle per residence and limited to vehicles owned or leased by the Nantucket resident and registered on Nantucket.”... Mr. Lydon, is that your motion? Okay... Great...Um, is there a second? Motion is made and seconded... Mr. Lydon... Lydon: There is one change that was made without me... being notifies... I had put in that the fee should be a hundred dollars... Madame Moderator: Oh... Mr. DeRensis, can you explain to Mr. Lydon why we may not have put that in?... You didn’t contact us, Mr. Lydon, so we were sort of left to our own devices to provide a motion, so it may not be exactly what you expected. DeRensis: Yes. I’ve had to write a lot of motions quickly, and I didn’t have a chance to talk to everybody on every change... The reason why I took out the hundred dollars is that we should not be putting specific dollar amounts into bylaws that might last for decades or even centuries... Rather, what those words mean is that it is to be... that statute says the BOS can set the fee on a regular basis... State law requires that fees correspond approximately to the cost of the services rendered... 59 so it can’t be excessive above the cost... This is the language we use regularly, whenever we come to the point of trying to set fees... So, it was intended to be just a technical change. Lydon: That’s fine. Thank you... I know this isn’t as grandiose as making sure everyone has access to the waterfront, but it’ll give the Nantucketers who work downtown and shop downtown access to downtown without worrying about getting a parking ticket... And I think two groups of people will go for these permits... I think one group will be the local people that work downtown and have to leave their jobs every two hours to move their cars all summer long... and I think it’ll be for people like me that go downtown to shop or have lunch, and don’t have enough time parking in the hour limit zones... and I think both groups are good for the downtown economy, because nobody goes downtown in the summer unless they’re going to spend money, or work downtown. And, disrupting your workday... it would be a benefit for any business down there, and obviously, if someone pays the fee to get a parking permit and go down for two hours, there going to spend most of that time shopping or eating or spending money... I just think it’s a benefit that the local people should have. And I hope it passes. Madame Moderator: Thank you... Yes, the woman here in the back... Mr. Goodman, if you could... Speaker: Hello, hello? There it is... Uh, My name is Terry Norton, I’m a resident of Nantucket, and there’s wording here that immediately concerns me... and it is... “Nantucket registered voters who own a residence on Nantucket...” this would preclude people who rent, and I don’t see that as a viable option, a fair option, since many, many registered voters do not and are not able to own property on the island. So I move that it either be amended to— Madame Moderator: -- You don’t need to... Just to clarify... The way that Mr. DeRensis wrote this amendment, you do not need to be a homeowner, you just need to submit proof that you’re a registered voter and you live on Nantucket... Now, that could be the Deed to a home, but it could also be... it could be a lease. Speaker: Okay, good. Madame Moderator: Okay... Yes... Mr. Burns... Burns: Thank you, Madame Moderator, Mike Burns, Transportation Planner, but also a former resident of the downtown area... and I’d say that, professionally, just because I’ve studied these type of issues, I’d ask you not to vote for this. This is really impacting the capacity of parking in the downtown area, mostly because you would have employees of the downtown area competing with those who live in the area and want to shop. It would encourage you to park there longer, and would really effect the turnover of parking, but as a former resident of the downtown area, and one who had a parking permit, I would say that I would not want to compete with those who were employed in the downtown area and those who want to shop there and spend extensive amounts of time beyond two hours, which is what this district would effect... Living in that area, I could say that it is hard in the summertime to find a parking space, it is even harder if you live in that area and you’re just trying to go home, and you can’t find a parking space. So I’d ask you, number one, to turn this down because it effects our parking capacity, number two, it impacts the residents of the downtown area. Thank you. Madame Moderator: Thank you... Okay... On... Yes, Ms. Zimmerman.... Speaker: Thank you, Madame Moderator.... Lynn Zimmerman... Does anybody have the number of new permits that this would add, and then the number of in-town parking spaces that we have? I’m just wondering if we’ll fit? Madame Moderator: Mr. Burns? 60 Burns: I can ball-park it, if that’s close enough. I don’t know what the percentage is going to be. There’s about 2,000 people roughly in that area, according to the Census, there’s about, close to 11,000 people year-round, according to what our ball-park Census is... So you’re... Take the balance there... Okay... 15,000 people... 25... 35... 45....(Laughing) So it’s in the neighborhood of about 8,000 additional permits you’d have to issue... That’s a good revenue stream, but I think it’s a lot of people competing for parking spaces. Madame Moderator: How many parking spaces are there, do you know? Burns: I’m sorry? Madame Moderator: Do you know how many parking spaces approximately there are in the area that we’re talking about--? Burns: Eight hundred and fifty, within the core, and the two-hour district... Madame Moderator: Eight hundred and fifty... Okay, thank you... Okay... Mr. Donato? Donato: Mark Donato, and I am a resident of downtown, and I thought the reason for the two-hour parking was to discourage the working people from parking there all day long, and that they do have to go out and move their cars. And I do have to compete with them at my location, and I strongly am against this. Madame Moderator: Thank you... Mr. Gardner? Gardner: Yes... If you pass this, you won’t have to worry about parking downtown cause there won’t be any places to park downtown. Everybody that works downtown will have their car downtown and there won’t be any places for anybody to go shop. Thank you. Madame Moderator: Thank you... Okay.... This article requires a majority vote... A “Yes” vote will adopt the article, a “No” vote will defeat the article. All those in favor, please say “Aye.” Audience: (Silent) Madame Moderator: All those opposed, “No?” Audience: (loud) No! Madame Moderator: Can it be a unanimous No vote? I don’t know. Thank you... Okay... Article 73... Article 73 starts on page 122 of the Warrant and continues to page 123... It received a “Moved not to adopt” recommendation from the Finance Committee... We do have a positive motion for... Mr. Spriggs to make. He was the proponent of this article... and it’s going to be.. essentially the text that’s here in the bylaw, with the following changes... “Move that Chapter 126 of the Town Bylaws be amended as follows:... and then we’d add... the Principal building on every improved lot, on a public or private way, etc., and we would add,... buildings setting more than 15 feet from the line of a right-of-way for any public or private way shall display numbers no smaller than—(tape ends) (tape resumes) Madame Moderator: --numbers shall be of contrasting color from their background, and be placed in such a manner to be visible from such ways... under display... we’re saying... buildings erected or located in the Town must have a street number... and then we’re changing that highlighted section to read... Buildings that back more than fifty feet from the line of the right-of-way of any public or private way shall display numbers no smaller than 4 inches in height at the intersection of the driveways in said public way. These numbers shall be displayed so as to be visible facing both directions of vehicular traffic and shall be maintained 61 unobstructed by plantings within five feet of such numbers. Numbers as described in this chapter shall be displayed in addition to those described in Chapter 126-1... And finally, under Penalties... we have, by a fine not more than $50.00 for each offense each day is a separate offense... With those changes, is that your motion, Mr. Spriggs? Spriggs: Yes, Madame Moderator. Madame Moderator: Is there a second? (off-mike second) Mr. Spriggs? Spriggs: Yes. I’m representing the Town Association of Nantucket, as I am the Charmin. Um, everyone knows that every second counts in an emergency, and if the fire truck, ambulance driver or police officer isn’t able to clearly see your house number, it could save your life.... House numbers also help delivery people, trades people, taxi drivers and friends find your house. It also helps the environment by minimizing extra vehicle passes to determine where you live. Additionally, street numbers are required in order to obtain a Certificate of Occupancy by the Building Department. The current town bylaw states that all numbers should be a minimum of 2 ½ inches high... The average person’s index finger is 2 ½ inches.. So you can compare that as to what we’re talking about. This is entirely too small for the average person to see from the road. We decided that larger numbers are needed, but soon discovered that the only way to change the size of the numbers was... was to amend the existing bylaw. The only way a bylaw can be changed is by Town Meeting vote. We reviewed Chapter 126 Street Numbers Regulations in the Town Bylaws and decided to amend Sections 126-1, 126-3 and 126-4 as submitted to the Town Clerk for this Warrant Article... The PB gave our article a positive recommendation, while the FinCom does not support the article, but recommended that the public safety officials review the current bylaw and make appropriate changes and enforce them. The BOS supports the Finance... FinCom recommendation...There are two problems with this recommendation. One, the Fire Chief, Police Chief and Building Inspector were consulted prior to our submission of this article. Number two, even if the FinCom recommendation passes with administrative changes, no change to the existing bylaw can be implemented without a future Town Meeting vote. So why not do it now, rather than come back at a future meeting? Madame Moderator: How many changes do you want to make? Spriggs: While we acknowledge that there are many larger items, issues, in this Town Meeting’s Warrant, we feel this article is important and could save a life, even if it saves one life it will be important. The community... We urge the community to support this article and vote in favor of it. Thank you. Madame Moderator: Thank you. We did make two corrections to the language. We changed that language that’s highlighted in blue so that it reads... “in height at the intersection of the driveways and the line of right-of-way of said public or private ways...” and we also corrected the use of “principal” in the first sentence... Okay... On Mr. Spriggs’ motion. Seeing no one... This requires a majority vote. A ‘Yes” vote will adopt the motion as shown on the screen, a “No” vote will defeat that motion... Oh.... Oh, Mr. Reade, you’re totally in the dark. But I’m sure you will shed light on us... You’re behind the death lamp, here... Reade: Okay... I have no objection to Mr. Spriggs’ motion. In fact, I support it. I do think that this should be limited to improved lots, which have been assigned a street number by the Town of Nantucket... And, although there may be very, very, few cases of this, I can think of some where even though the lot fronts on a, on a way... not a public way, perhaps, but a private way... it may never have been assigned a number... And you have the instance of Tuckernuck, where there are no street numbers... Although there are no public ways, there are some private ways on Tuckernuck, and, again, accordingly, this issue just came to my mind... I haven’t prepared an amendment, but I would suggest that perhaps it might be appropriate to put in language after the reference to “improved lot”... to say... 62 “which has been assigned a street number by the Town of Nantucket...” or by the appropriate official of the town of Nantucket... and... I know it’s not appropriate to make a motion after a speech, but I would so move...(Laughter) House number... yeah... the house number, or... a number that’s been assigned to the lot... I mean, the parcels on the assessor’s map have been assigned a number as their address... I don’t care, however we want to do it. Madame Moderator: Mr. DeRensis, does this work for you? (Talking off mike) Okay, we’re going to have a little procedure discussion about how we assign street numbers. But I’m hoping that, Mr. Spriggs, you will accept this as a truly friendly amendment... and then we can go to a vote on Article 73— Spriggs: -- Yes, I will accept it. Madame Moderator: Okay. Great. So we just want to get the right language... Yes... You can tell... Speaker (Reade): It shouldn’t be house number, in any event, because—businesses... buildings would have numbers-- Madame Moderator: No, it will be something else... street number...(Talking off mike) Pursuant to Section 126-2...(Inaudible) Okay... Thank you. Is that alright, Mr. Reade? Reade: I believe it is. Madame Moderator: Alright. Mr. Spriggs?... Okay.... then... Yes... Mr. Ray... Ray: Just a technical question... May I ask who the enforcement officials would be in this case, licking my chops? (Laughter) I mean I drive down streets everyday and there are just places we can’t find because the numbers are not there. I’m not numerically retarded... I can tell that 8 goes between 6 and 10... but when you get into long roads, it really becomes an issue... So who would the enforcement officials be in this? Madame Moderator: Mr. DeRensis? DeRensis: We are— Spriggs: Madame Moderator--? DeRensis: Frank, do you want to take it--? Spriggs: No, uh, correct me if I’m wrong, but we didn’t change that part of the bylaw. It’s still the... enforcement officer of the Town... that part we did not change... we only changed ... paragraphs... current bylaw... Madame Moderator: It says... This Chapter shall be enforced by the Building Inspector or by such enforcement agent that the BOS may designate... You may throw your hat in the ring, Mr. Ray! Okay... So, on Mr. Spriggs’ motion, with Mr. Reade’s friendly amendment, it does require a majority vote... all those in favor, please say, “Aye!” Audience: (loud) Aye! Madame Moderator: Those opposed, No? Audience: (soft) No! Madame Moderator: That motion is adopted by a majority voice vote... Okay... Article 75... What? It was a friendly amendment that was accepted by Mr. Spriggs, so... Okay... Article 75... Article 75.... The recommendation starts at the bottom of 63 125... Yep? Yep... Point of Order? Speaker: We did not vote on the main motion.... Madame Moderator: Yes, we did. We took Mr. Reade’s amendment as a friendly amendment, Mr. Spriggs accepted it, and then we voted on the whole motion as amended by Mr. Reade in a very friendly way... Okay... Thank you, though, because, I would hate to miss something like that...and I’m totally capable of doing it at any moment. Um, top of page 125—bottom of page 125, onto page 126... continuing onto 127...with the deletion of the “the” in subparagraph “B”, which we read into the record at the beginning of the meeting, and with the technical amendment also read into the ... at the beginning of the meeting in subparagraph B...I’ll ask for your unanimous consent to waive the reading... Thank you... and I will recognize the Chairman of the... Finance Committee for the purpose of making that motion. Atherton: So moved, Madame Moderator. Madame Moderator: Is there a second?... Motion is made and seconded. Now, this was called by Mr. Glidden.. and, I don’t know, does the sponsor wish to make a presentation first, or should we just get right to Mr. Glidden’s question? Okay, we’ll go right to Mr. Glidden’s question... Is Mr. Glidden—right behind Mr. Fronzuto, there. Speaker: Thank you... On Article 75... David Glidden... I read the Finance Committee recommendation, and it’s an exact replica, word-for-word, of the article as printed. I shall call your attention to item D under 137-5, RE the Annual Fee for the Waiting List... I do not think the fee is necessary, nor desirable, given that your being on this list doesn’t grant you, automatically, a mooring license... I put my name on this list last year, and I’m willing to wait, whatever, how many years, when I retire I might get a mooring, and I do not feel it fair to charge a list fee in the hope of getting a mooring even though it’s a minimal fee which could be changed, but it’s not listed here. Um, the Marine Department has a full time clerk, there’s at least a couple of downtimes a year in the spring and the fall... and there are three ways of getting a hold of people nowadays, the phone, the cell, and the email... Um, I would just like to see that section... Madame Moderator: So are you proposing- are you proposing that Subsection D, the Fee Section, be deleted? Speaker: Yes, please. Madame Moderator: Okay... Speaker: That’s all. Thank you. Madame Moderator: Is there a second to that motion?... Motion is made and seconded... So we have a motion by Mr. Glidden to delete Subsection D, which is the fee for staying on the list, and we would then renumber the balance of- re-letter the balance of the paragraphs... Mr. Kopko, on that amendment, and then I’ll come to Mr. DeRensis... Kopko: Thank you Madame Moderator. On the amendment, just to explain a little bit about the rationale for this kind of mechanism... This was modeled after the Taxi Waiting List that the Town maintains, and, once we adopted that process and took on the responsibility of maintaining the taxi list, it became apparent that an annual calling and updating of contact information and such was really necessary because people had... there were like three year olds on the Taxi Waiting List, and people who lived in Timbuktu, and people who we couldn’t get in touch with, and anything else, and we found that a small fee, I think the Taxi Waiting List fee is... Ten dollars, annually, something like that... It provided an impetus for people to 64 keep the Town... apprised of current contact information and such so that we could keep the list current and meaningful, so that’s the rationale for the fee there. Madame Moderator: Thank you... Mr. Wilhauer, before I recognize you, I just want to tell Mr. Glidden and the rest of you the information that Town Counsel just gave me...which is that, regardless of whether or not we include the fee language of Subsection D, the BOS will retain the ability to set a fee for this permit under other provisions of the bylaw. So, we don’t really have the ability to not have a fee... setting possibility under this article, as I’m understanding it. Is that correct, Mr. DeRensis? So, in other words, Mr. Glidden, it renders your amendment moot, because if your amendment fails, the section stays in, if your amendment passes, it doesn’t have any effect because there’s another provision of the bylaw under which the Selectmen can set a fee. Mr. Wilhauer? Wilhauer: Uh, it’s a little redundant... I’m Whitey Wilhauer... But another reason we need to keep track of boats is, when they begin to sink, or they’re left very late in the season and we need to find the owner, we need to know the contact information, and the contact information would be associated with the mooring permit, so we need to keep track of these... moorings and their owners and their contacts. Madame Moderator: Thank you. So, the amendment requires a majority vote... The amendment would delete subsection D and re-letter the balance of the paragraphs... We’re just voting on the amendment... All of those in favor of the amendment...please say, “Aye!” Audience: (barely audible) Aye... Madame Moderator: All of those opposed, “No?” Audience: (loud) No! Madame Moderator: The amendment dies bit carry. Now we’re back on the main motion on Article 75, which is as printed in the Warrant with the technical amendments that were read into the record at the beginning of the meeting...Is there any further discussion on this article? A “Yes” vote will adopt the motion, a “No” vote will defeat it. It requires a majority vote. All those in favor, please say, “Aye!” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” Audience: (soft) No... Madame Moderator: That motion is adopted... Article 78... Article 78 appears on page 129of the Warrant... It has a Moved that the article not be adopted. The motion was brought forward by Mr. Cassidy, and we have a motion for you, Mr. Cassidy, Moved that Chapter 41, Board of Sewer Commissioners, Section 41-#A, Town Sewer District of the Code of Nantucket be amended by adding the following parcels to the Town Sewer District Map and to the District... and then we have the same list that’s in the... Warrant... Is that your motion? Speaker (Cassidy): Yes, Madame Moderator. Madame Moderator: Thank you. Is there a second? Motion is made and seconded... Mr. Cassidy.... Cassidy: Hi.... Excuse me, for a moment... I was a little naive with the sewer extensions and sewer districts and so on and so forth... We purchased 21 Crooked Lane January 15th, and, although it’s a large piece of property... I would suggest that more than half of it is wet...The property ahs a Deed Restriction, a Conservation 65 Restriction, limiting it to one dwelling...We intend to build a barn there... A single dwelling, and so on and so forth... I spoke to Counsel about it, and thought that it would simply be a good idea to tie it into the Sewer, given the fact that most of the area is swamp. Then began this warrant article, and it turned out that the closest place to get to sewer... and I think Mr. Willett may chime in here at some point, but there’s a manhole down at the end of Westchester Street, just almost at the intersection of Pilgrim Road, so it’s quite a hike down the dirt road to get there... I have been told by a couple of engineers that it is eminently do-able.. When my attorney was putting together the warrant article, he suggested picking up all of the houses that were not included in the current Sewer District along Westchester Street, given the fact that, really, the entire south side of Westchester Street borders the wetlands between Grove Lane and so on and so forth, and it was just felt to be a good idea... All of the lots on this list I believe are not further subdivide-able, and I think all but three are in fact developed, you know, they have houses on them... there are no failures that I’m aware of along there. It simply seemed to me to be an additional revenue source for the Town, should people desire or have the need to hook in there. The animal hospital, which is immediately adjacent to me, is in the Sewer District, and I believe that there is a... well, you can see it on the map there... there is one lot on the south side of Westchester Street that’s included in the Sewer District as well, and, um, I don’t really understand the notion behind this districting... but the comment that the FinCom made I believe was based upon the lack of infrastructure in Westchester Street proper... In no way, shape, or form did myself or any of the other people listed on here ever think that the Town was going to bear any expense whatsoever involved with the creation of the infrastructure necessary. And, in fact, I thought that I was going to have to pick up the bulk of it, because I am at the end of the line, and it was my suggestion. I have an interest in an excavation company, and, that’s what I would like to do... and, as regards the checklist...Uh, I was completely unfamiliar with that process, so please excuse my naivety... and that’s it. Madame Moderator: Thank you.... On Mr. Cassidy’s motion... Mr. Kopko.. Kopko: Thank you, Madame Moderator. The BOS, acting the Sewer Commissioners, has supported the FC recommendation not to recommend this article. As you know, those of you who were here last year, we have developed a set of objective criteria on which to judge these requests to be put into the Sewer District. We put a lot of work into that. Mr. Cassidy is free to submit his properties to that criteria checklist process at any time. These properties are not currently in the Sewer District; they were not counted into the plant in the Comprehensive Wastewater Management Plan. And so we’ve developed this I think relatively objectively process by which to make these decisions. So the Sewer Commission recommends against adding these properties and hope that you will vote that way. Thank you. Speaker: Madame Moderator? Madame Moderator: Yes? Speaker: I’m Martin McKaro.... Just as a point of enlightenment, there is existing sewer line right now that runs along Crooked Lane, it’s a private sewer line, and it goes down Westchester Street and hooks into that- the end of the sewer extension on Westchester Street. When that line was installed, it was to facilitate the development of property at the corner of Crooked Lane and Madaket Road, that line had to have adequate capacity for all downhill houses at the time it was built. I received permission to tie into that sewer – My house at 106 Westchester Street is in the Sewer line...I’m using the Town Sewer, I pay the Town Sewer Hook up I pay the Town Sewer fees, but I’m not in the Sewer District. And I think the whole thing is a real anomaly and either should be addressed directly or that something like this should be approved. 66 Madame Moderator: Thank you. Mr. Willett. Willett: Jeff Willett... I had anticipated that I might make it though an entire Town Meeting without having to talk to you folks. (Laughter) But, this line in question... There is indeed a privately owned sewer line that does extend down portions of Crooked lane and Westchester... It’s owned by the MSPCA... They dictate who may or may not connect... It’s not in the wherewithal of the community to issue sewer connection permits to that line without permission of the owner. So those properties that are not connected, yet adjacent to that privately owned sewer line, are not in the Sewer District. They cannot be until voted by this body. More specifically, to the question of the article before, I think Selectman Kopko very rightly pointed out that a method to evaluate how we would make recommendations to this body on weather properties should be annexed into the Sewer District was deliberated by this body and passed by the Sewer Commissioners. The Planning Department, the Health Department, and the Department of Public Works, conducts those evaluations and makes a recommendation to the Board on how... whether or not these properties should be positively or negatively recommended. Unfortunately, the proponent of this project was not familiar with the process and did not submit any of the information necessary to conduct a proper evaluation. So what we have is the potential for 16 properties to be connected to a line that we have no control over, or alternatively, for the proponent to build a brand new line. Well we don’t know where, or how, or any of that very basic information, so, I’m quite willing to assist the proponent in developing a proposal for review, but I don’t think we can do it for this... this meeting. I would certainly welcome the opportunity to revisit this issue at a subsequent Town Meeting. Madame Moderator: Thank you... Ah, yes... Speaker: Oh, hi. Ted Burnham... About a year and a half ago I was in front of this same Town Meeting, and it was a piece of property that I was considering buying on Old Westmoor Farm Road, and I was told that the Town wouldn’t vote on it then, because there was a new Sewer Commission. When I went before filling out that application, I was told by an attorney that the Commission that-couldn’t make a decision. So we went back again this year to try to get approval to tie into the sewer system. Now, the lot that I bought I probably 40 feet from an existing sewer line. In fact, the sewer line on Old Westmoor Farm was put it and completely encircles the lot that I got. On the back side of it is a wetlands. It’s a pond in there, and at this point I’ve got the house pretty much built, and I’m wondering why I would have to put in an sewer extension permit when a sewer is already there, or why I can’t... get approval from someone to tie in when... I maybe have forty feet of line I have to run from the house to the sewer itself...Is there an application I should be making out? I don’t... I do this for a living, too, and I... I’m amazed that this changes so rapidly. Madame Moderator: Mr. Kopko? Kopko: Hi Ted. Yeah. There is a process. There is an ap-(tape cuts off) (New tape) Speaker (Murphy): -- doesn’t necessarily mean when the effluent goes from your house to the pipe to the treatment plant, that there’s room for the effluent to be processed. And this is the thing, just because a house is near a pipe, doesn’t necessarily mean there’s capacity to treat that sewage, and the capacity to treat the sewage has been calculated. The properties where that is going to happen has been calculated, and how long- over how long of a period of time that is going to happen, which is the 20 year life cycle, has been calculated. So any effluent that is not included in that, we don’t have space for, and that’s why this process has been developed... in order to make special cases if it’s required. But the bar is high, and the special cases won’t be granted I don’t think very easily through the application process or through the Town Meeting process. So, anyway... The 67 point is, if you’ve got a pipe in front of your house doesn’t mean that there’s capacity to treat the sewage. Thank you. Madame Moderator: Thank you. (Another speaker: Excellent point.) Okay. This motion requires a--- oh, Mr. McGowan... McGowan: Thank you for the operator- the opportunity, Madame Moderator. Martin McGowan, Sewer Hopeful. (Laughter) I’d like to bring up to the Town’s attention that last night, Article 35, that was promoted by Mr. Murphy, said that there will be more room in capacity available to the Town if we pass number 35. I can’t remember exactly how many houses were lost last night, or how many gallons were saved, or how many opportunities there are to give the people of Nantucket better water, cleaner opportunities for a healthier environment. And I believe that every septic system on this island gives an opportunity for effluence to reach into our ground waters and to pollute. And it is the duty of this town to support and protect every one of us. I commend the Sewer Board for all of their efforts. The bar is so high, that you can’t jump over it to get in. It’s a really big bar. I think that this is an opportunity to please help the Town begin to connect all of these dots and make the system work for everyone. Thank you. Madame Moderator: Thank you. Mr. Cassidy. Cassidy: Madame Moderator, may I ask Mr. Willett a question through you? Madame Moderator: Yes, you may. Cassidy: Mr. Willett, I believe Mr. Murphy just indicated that there was no capacity—or not much future room at our new and improved Sewer Treatment facility... Is that accurate? Willett: It is indeed accurate... if—but I don’t want people to misinterpret that statement. The treatment plant that’s currently being constructed, the people of this community have invested some 42 million dollars in that construction. That construction will serve the needs of the Sewer District, and its tributary needs areas. For the life expectancy and the design life of that treatment plant, or twenty years. That accounts for about 80% of the build-able lots within the Sewer District. If, however, in every annexation of property into the district—let’s as an example say 10 homes were brought into the district—that’s ten similar homes within the district that could, that then could not be sewered, eventually... theoretically, when you reach that limit. We are obligated by law to serve those properties within the district. So, as we annex property, we reduce the capability to serve those that we are obligated to serve. So, I think I’ve answered your question... that the people outside who are annexed in take away the eventual capacity within the district. Madame Moderator: Thank you. Okay... Yes... Speaker: Um, just two quick questions. One is, saying that I get all the forms necessary, does that still mean that I go before the Town for another vote again? And, number two, does that mean that the way that their sewer- that we’ve designed the capacity of our treatment plant- does that mean there are no more sewer extensions being done? Because, I still get asked to do them. Madame Moderator: Okay. I’ll get an answer from Mr. Willett. Willett: The answer to the first question is, yes, you would go through the process and at the next meeting the Town would vote to annex or not annex that property. The second question... uh... could you repeat what that second question was? I’m sorry. Madame Moderator: Any more sewer extensions, because he’s still being asked to do them. 68 Willett: Yeah. Sewer.. sewer extensions are granted by the state. This is a permit process which the state requires of all extensions of sewers into un-sewered areas. Um, with the formation of the Sewer Districts, state sewer extension permits... have become a rarer item on Nantucket, only because the investment made by the community in its infrastructure improvements for the treatment plants in Siasconset and at Surfside have required that we control the expansion of that sewer system in such a way as to protect that investment. The old Surfside Wastewater Treatment Plant, as we all know, reached its permit limit in as little as nine years with a twenty year design life... So, this uncontrolled expansion of the sewer collection system into un-sewered areas caused us, in the past three or four years, to appropriate 40 million dollars to upgrade a facility that never met its design life. The sewer districts- excuse me, I’m chewing a piece of candy— (laughs) the sewer districts are- are established in a way to preserve that investment. Madame Moderator: Thank you.. Mr. McGowan? McGowan: I admire Mr. Willett’s efforts in... or, the Sewer Commission’s efforts in control... I’m looking at control when I see the purple and green on the map there, and the clean sweep in which the MSPCA has sewer, and all the people that live on the same road don’t. I see connections that are necessary here. I would like to ask a question, through Madame Moderator, if perhaps Finn could tell us...How many gallons were saved last night in Article 35, with the elimination of all of those lots? What opportunity might we have available to fill, which would not inhibit the houses in town, which Mr. Willett is protecting? All very important things to all of us. Thank you. Madame Moderator: Thank you. Mr. Willett? Willett: I don’t know that any of us can calculate what was saved or what was not saved in terms of effluent dis--- Madame Moderator: --Uh—we lost you... You must have gone through a tunnel. Willett: -- Alright, should I repeat that statement? Madame Moderator: Yes. Willett: It came unplugged... um, I don’t think any of us can calculate how many gallons of effluent were saved or created by actions that this Board too last night. What I would say is, I don’t know that it’s relevant. Because, if you look at the 20-year design life of the facility, and all of the money that we’ve spent to create that facility, what we’ve done by action in changing zoning only prolongs that life. You shorten it when you annex property into the district. So, it really is not relevant. The only thing we may have created is extending the life of the facility. You shorten the life of the facility when you annex properties in. That’s all I can tell you. Madame Moderator: Thank you... Okay... Do you want to have one follow-up, Mr. McGowan, and then I’m—and then we’re going to go to a vote... McGowan: I would like to thank Mr. Willett for his comment, although I did ask Finn for the actual numbers. I believe that the numbers actually tell the story, and that, at the end of twenty years, your sewer plant will come back before this Board and you will be building a new one. Believe me, in twenty years, there’ll be enough growth that that thing’s gonna be gone, a you’re going to need another one. Thank you. Madame Moderator: Thank you. Okay. On the motion on Article 78... The motion is as made by Mr. Cassidy, it is a positive motion... A Yes vote will adopt the motion, a 69 “No” vote will defeat that motion. It requires a majority vote. All those in favor, please say “Aye.” Audience: (scattered) Aye! Madame Moderator: Those opposed? Audience: (loud) No! Madame Moderator: The main motion is not adopted.... Article 80.... Speaker: Madame Moderator--? Madame Moderator: Yes. Mr. Barnes... Barnes: Just a (inaudible) Madame Moderator: Okay... Mr. Barnes? Barnes: Is this thing on? Thank you Madame Moderator... I really appreciate the effort that Town Counsel and the Moderator have made to turn this into a positive motion. I especially appreciated the comments that FinCom has made and the Selectmen have made, recognizing that there is some work to be done to develop a closer relationship between the Planning Director and the Town Manager. Having seen these comments, it seems to me, rather than going through the process of debate and amending and so forth, that the prudent course of action for me at this time would be to withdraw the call of this article, and I would do that with your permission, Madame Moderator. Madame Moderator: Thank you, Mr. Barnes... Is there anyone else who would like to call Article 80? Okay... That did receive a motion Not to adopt, and so we’ll put that in the hopper with the reset of the uncalled articles... Okay... So, I believe that that leaves us with... 95, 96, 97, 98, and 101.... 95.... 95 appears on page 163 of the Warrant... It continues to page 164... Received a Not to adopt motion from the Finance Committee... It was called by Ms. Timmerman... We do have a positive motion for that... Moved that a new bylaw be inserted in the Code of Nantucket as Section 46-5, entitled Requirement for Renewable Energy Components... Section 46-5... All new Town buildings and town-sponsored buildings, including any buildings build on Town-owned property, started and built after the approval of this article, both residential and no-residential, shall be outfitted with renewable energy components for heat, hot water and electricity, and that the buildings themselves may be built with conservation and environmentally friendly materials and practices following lead certification guidelines. Is that your motion, Ms. Timmerman? Great... Is there a second?... Motion is made an seconded... Ms. Timmerman...Did I skip something? Timmerman: I brought up this subject matter because I think it’s very important at this time to... it’s a very good opportunity with new Town--- Audience: Louder— Madame Moderator: Yeah... You just have to tilt... I ‘m want to talk, but... and hold it closer. Timmerman: I brought up this article because I think it’s a very appropriate time when we’re going to be building new Town buildings, that have no existing parts that would have to be retrofitted to make them energy efficient... In other words, we would simply be buying... energy efficient burners or water heaters or this or that instead of using the traditional ones... This is a movement that is state-wide. In fact, Massachusetts is one of the leaders in the nation with green energy... the Commonwealth has had a task force and they’ve approved the legislation for having energy efficiency in new buildings... any kind of buildings... And I 70 commend the Town government in taking the lead in this in terms of the new building that was presented last night, that we all approved... as a lead silver certified building... That means that the town will be saving money from the get- go of putting in this system. They will be saving water, they will be saving energy, every day, year after year, and I think that... We’re not trying to retrofit any of this. These are all going to be new buildings in this area, and I think that it would be the opportune time to take this action...Thank you... Madame Moderator: Thank you... Mr. Kopko... Kopko: Thank you, Madame Moderator. I think I can safely speak for the general consensus of the BOS and FinCom that we felt that this was one of those articles that we agreed with the spirit of the article and thought it made some good points, but that this was an awkward way to achieve the outcome that the article was looking to achieve. I think that... the BOS can, in its own regulatory and deliberative measures adopt the kinds of policies that Ms. Timmerman is suggesting that the Town might adopt. As she said, we... the building we did vote on last night will be built as a lead certifies... Silver Certified building... I think the... HDC... the Building Department, the Planning Department, are all very much interested in these issues, and the BOS are too, but we just felt that this was an awkward way to do it. So, we would ask that you, a) not vote for this article, and b) come on down to the Selectmen’s office and we’ll talk about how to get this done another way. Thank you. Madame Moderator: Thank you... Mr. Roggeveen... Roggeveen: After Mr. Kopko’s speech, I would move the question. Madame Moderator: Okay... I think we can just maybe go to a vote... on the motion on Article 95... It does require a majority vote... A Yes vote will adopt the motion, a No vote will defeat the motion... All those in favor, lease say “Aye.” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” Audience: (very loud) No! Madame Moderator: The motion does not carry.... Okay... Article 96 on page 164 of the Warrant... also received a Negative recommendation, but we do have a positive motion for Ms. Timmerman to make...Yes we do... Moved that the Historic District Commission, HDC, is hereby requested to undertake enhanced enforcement of Stop Work procedures through the Building Department, should applicants working on pre-1900 houses deviate from permits and approvals, and that the HDC be further requested to withdraw its approval of projects where such deviations occur, and issue notice to the Building Department to issue Cease and Desist Orders to such applicants. Is that your motion, Ms. Timmerman?.. Is there a second?... Motion is made and seconded... Ms. Timmerman... Timmerman: I presented this article, mostly in response to the 105 Main Street demolition... The original 105 Main Street no longer exists. It was the oldest continuously lived in house purportedly in the nation... The fact that it no longer exists takes away from our history, and the way people lived then, the people that built it and the way it evolved left a footprint on Nantucket for all of us to see and observe. It’s gone. It went to the dump. I’m very concerned about all of these houses that systematically are being dismantled, little by little, sometimes, or all at once under a big blue tarp... and someday we’re going to wake up and see that there’s no more houses left of this period... and it’s an integral part of what makes up this island, and the history of Nantucket... All of these houses were not built to the current code, and when they are dismantled they cannot be reconstructed the way they were, because they would not meet the current code... I would ask that the HDC be given this... enforcement tool, so that when they deem that applicants 71 have wavered from the issued permits, that the applicants will be issued a Cease and Desist order, so that the demolition and desecration of these historical building will stop. Until they start complying with what was approved by our Commissions. It’s very sad to me when people who buy these structures simply do not understand or care... or the people that work on them do not understand or care... about the history of this, and I think that sometimes in ignorance... they don’t mean to be destroying these buildings, but they are... and they’re taking away from all of us when they take apart one of those buildings. So I would ask that you give the HDC this tool to help save our heritage for ourselves and those who come to visit our island, so we have these buildings in perpetuity. This is not Williamsburg... All these buildings are the real deal... People several hundred years ago lived in these buildings, and it’s an incredible history that we have on this island that very few places in the world have... and I would ask you to honor this specialness that the island has... and support this article. Thank you. Madame Moderator: Thank you.... Mr. Roggeveen... Roggeveen: I appreciate Mrs. Timmerman’s efforts here, but the HDC already has authority to work with the Building Department to get Stop Work Orders issued on permits which were issued based on HDC approved plans, which are no longer being followed. So, actually, this article is unnecessary... although I do appreciate her efforts. Thank you. Madame Moderator: Is there anyone else who wishes to speak on this article? Then... yep... Mr. Lowell... Then I think we’ll go to a vote... Lowell: Thank you... I don’t know if there’s any carpenters left in the audience, but as you drive by the house in question, 105 Gardner Street... uh, 105 Main, on Gardner Street... when you pull over on the curb and you have a chance to look... This is the only house that I know of in recent time that has the actual historic type storm windows... constructed by hand... And the HDC continues to approve aluminum windows, that they certainly didn’t make when those people were living in those houses in the seventeen and eighteen hundreds... I can tell you that... So I would say that... Oh, and by the way this house also has a very high efficiency, green heating system, as well... this house under so much controversy... And it does look quite nice... So I don’t know if this house is the proper model to use... to pass this article... Because the house... even though it was under question with some for the issues that went on, it looks more historic than probably most of the other Historic District projects. Thank you. Madame Moderator: Thank you. Okay. On Article 96... It requires a majority vote. It is written as a request. A “Yes” vote adopts the motion, a “no” vote defeats the motion. All of those in favor of the main motion, please say “Aye.” Audience: (soft) Aye! Madame Moderator: Those opposed, “No?” Audience: (loud) No! Madame Moderator: That motion is not adopted... Article 97... The FinCom motion on page 165 is Moved that the article not be adopted. Mr. Barnes called this article. We do have a positive recommendation for you. It’s a Home Rule Petition, to change the... to establish a separate Board of Health... Barnes: Again, a point of personal privilege to move this along, may I? Madame Moderator: Sure. Anything that moves us along at this point... Barnes: I am gratified by, again, Counsel’s effort. I’m also gratified by the fact that FinCom says it recommends that the concept be revisited in the near future by the selectmen, and the town administration, etcetera. And I’m also gratified that the 72 Selectmen support the Finance Committee motion. Given all of those factors, I can withdraw the call of this article also, if it would be helpful. Madame Moderator: Thank you, Mr. Barnes. Does anyone wish to put themselves in Mr. Barnes’ shoes? (Laughter) Yes? You would like to... Okay... Then... We have a motion here, that’s a Home Rule Petition that you’d like to make as a motion... Okay... Moved that the Town petition the General Court for enactment of a Home Rule Special Act substantially in the form set forth below and further to authorize the general court with the approval of the BOS to make constructive changes in language as may be necessary or advisable toward perfecting the intent of this legislation in order to secure its passage, and act establishing a Board of Health for the Town of Nantucket to be appointed by the BOS. Section 1: There is hereby established a separated Board of Health for the TON, Section 2: The Board of Health shall be composed of 5 members, 3 of which must be in health or health-related technical fields, such as medical, nursing, lab technician, pharmacist, engineering, sanitation, health surveying, etcetera... Section 3: Members of the BOH shall be appointed by the BOS for staggered three-year terms effective with the passage of this act. Section 4: This act shall take effect upon its passage. Is that your motion, Ms. Hicks? Okay... Discussion? Is there a second? Motion is made and seconded... Ms. Hicks. Speaker: Um, I’m just sorry that Mr. Barnes withdrew it because I think it has real merit. I think it’s time that the Town Meeting should make this change, because, I mean, to put this discussion in the hands of the BOS, who are the BOH... I don’t think it’s the right place to have it. I think the discussion should be here at Town Meeting floor, and I think the vote should be by us. I don’t think that the BOS should be the BOH, because they do not have the expertise to make these decisions... I think your medical people should be on this... and that’s not the members of the BOS... so I disagree with them being... having this hat. Madame Moderator: Alright... Is there anything further on this motion... Ah, Mr. Kopko... I sensed it, yes... Kopko: Thank you... Uh, thank you, Madame Moderator... I think that, if the BOS were precluded from making decisions about anything they didn’t have expertise on they’d be—wouldn’t have a whole lot to do up here at the Big Table... Uh, but having said that, I think that we all have, the Finance Committee and the Board have seen some value in going in this direction. Unfortunately, I think going forward with this particular motion at this time is rife with all sorts of unintended consequences that we may or may not want to happen... I think that establishing specific standards for specific number of members of a specific board is a tricky thing to do, and this... looks like a nice list to start with, but I think it needs... a lot more... study and work to get there, so while I... I think a lot of us agree that this is a subject that needs to be explored and possibly even moved forward... I don’t think that this is the way to go forward at this time so I would urge you to vote No. Thank you. Madame Moderator: Thank you. Mr. Barnes? Barnes: It comes... Thank you, Madame Moderator... Uh... quite frankly, what encouraged me to withdraw my call of the article was the fact that I sense that the Selectmen and the FinCom are prepared to discuss this approach, and I simply will assure you that if we have not done something meaningful by this time next year, this article will be back, and it will be argued very strongly. SO, I encourage the Selectmen to give it good consideration and look at the advantages of having people with technical competence available to assist in the area of Health. And, in preparing this article, I will say that I researched virtually every town on the Cape and almost a random selection throughout the Commonwealth, and virtually every town in the Commonwealth has a separate BOH... and I think that ultimately that is a model that we ought to be moving toward, and I hope we will. Thank you. 73 Madame Moderator: Thank you... Mr. Ray... Ray: Thank you, Madame Moderator. As the individual probably most affected by this... I’ve waited 29 years for this... I can wait one more year. I really believe this needs to be flushed out just a little bit more, a little bit more research needs to be put in with respect to town government and its approach to this.... I hope to be a bit of a part of that... Again, I’m buoyed by the fact that the Finance Committee and the BOS see a great deal of wisdom in doing this. I think it’s the appropriate approach for Nantucket, but it does need to be fleshed out a little bit more, and I think the next 12 months will do that, and we will come back to this organization, this group, with a more defined purpose and a more defined definition for what will be the Board of Health. Thank you very much. Madame Moderator: Thank you. So, I think we’ll take a vote on the motion... Up... Okay... We’ll go to you, Ms. Gookin, but before I do I just want to point out that Town Counsel tinkered a little bit more with the language in Section 2. It now reads... The Board of Health shall be composed of 5 members, 3 of which shall be in health or health related technical fields, such as... etcetera... and we’ve taken out the etcetera tat the end of... or health surveying...Ms. Gookin. Gookin: Um, I’d like to ask a question before I make a motion. If this is voted down tonight, can we bring it back next year, or would we have to lay it on the table to do that? Madame Moderator: No, you can bring it back... [I already asked her that.} That only works with zoning, so. Gookin: Okay. Thank you. Madame Moderator: Okay. So, on the main motion, a “Yes” vote adopts the motion, a “No” vote defeats the motion. It does require a majority vote. All those in favor of the motion as shown on the screen, please say, “Aye.” Audience: (soft) Aye. Madame Moderator: All those opposed, “No?” Audience: (loud) No! Madame Moderator: The motion does not carry. Okay... Article 98... I read into the record a fairly extensive technical amendment at the beginning of the meeting. We’ll put it up on the screen, and I’d ask for your unanimous consent to waive the reading again. This motion is a positive motion from the Finance Committee. And I’d recognize the Chairman, Mr. Atherton, for the purpose of making the motion. Atherton: So moved, Madame Moderator. Madame Moderator: Is there a second? Motion is made and seconded. Mr. Lowell, I think you called this? Lowell: Yes, Madame Moderator, thank you. Um... I’m the young old guy on the Planning Board, and hopefully I’m not a nerd at the moment, but, as Mr. Keyes mentioned earlier, with the complicated zoning articles, maybe I will become one at some point. The current 5-year term of the Planning Board was adopted in 1955. That was quite a while ago, and long before today’s seemingly frequent controversial decisions. Um, in recent years, issues regarding growth have become... at the forefront in the minds of many, and rightfully so. In past years, there have always been controversial decisions with less attention, yet the PB remains regulatory in nature, therefore, if we wanted to totally restrict growth beyond our means, we are still bound by laws. And most folks, and some in this audience during this Town Meeting when faced with the slightest inkling of a 74 zoning change, you notice how their attitudes change real fast. And we were actually trying to control some growth. Isn’t that something? Uh, so most people don’t want their particular rights effected, even if, in the case of one of the articles, it went back to actually more building. The proponent... the person that spoke against it actually wanted less building, but she got more... Anyway... The length of time, for a special permit or any subdivision can go on for quite some time and can be extended by the applicant to garner more information for the due diligence of that particular project or application. By changing the terms to three years, will have an adverse effect on many applications that will have 5 full members sitting on them, with the potential of losing two members during the process of that application, or however many that we’d be currently sitting on... So... which will cause unnecessary haste in the applicant, either voting to- either trying to quicken the decision, which may not be so good for the public, in a lot of cases, or... in the case of having to delay it and having the project go on for months when it could have been decided earlier. As far as the... now, I’m speaking before the proponent of the article even gave their reason for this, so I’m going to have to that myself, I suppose... I believe that the... one of the reasons Mrs. Barnes, who is a former Planning Board member, when she came to our hearings, she continually mentioned me as the young guy. I thought that was nice, although I’m getting a lot grayer. There is no evidence to support the claim that younger people who run for the Planning Board, or any other board, which requires quite a bit of time out of their particular jobs and private life, and you can see on other boards that have a three-year term currently, you’re not seeing any 30 year olds running too often, outside of Mr. Bennett.... Anyway... There are commitments that must be met when you run for these positions, that you have to keep. You can’t simply just miss meetings, cause people are relying on you to fulfill your obligation, when sitting on these applications. They expect you there. We’ve requested evidence to support this claim that younger people will run, and we haven’t received any yet. This... our staff, and our... the way we run the meetings are very open to public hearing process... We encourage people to speak. And, if any of you have been to the current projects that are garnering all the fanfare right now, as the Point Breeze, and there is plenty of people speaking, often repeating what other people say because it’s so passionate to them. Our staff is more than happy to assist the public to answer questions to anyone that has... that may be reluctant to speak at hearings, so I urge you to vote this down and leave the Planning Board alone with its one member up for re-election each year. Thank you very much. Madame Moderator: Thank you... Ms. Williams... Speaker: [Interjection] Madame Moderator? Williams: The learning curve on any of these regulatory boards is extreme. I... a three- year term, I agree with Mr. Lowell, is not going to make any more young people or hardworking year-round people run for office. It’s just not. If they’re going to run, they’re going to run no matter what the term is, it has nothing to do with it. But, as I say, the learning curve on the Planning Board, the Zoning Board, ConCom, any of the other boards, most of which are five-year terms, Housing Authority is five-year, it’s a standard term for these types of boards, because of the amount of work you have to do, because of the length of the public hearing process in some of these projects, and because of the amount of knowledge you have to gain to even get up to speed when you get on these boards. So, I urge you to vote against this. There isn’t any reason to change the terms. It’s been working fine till now. Unless there’s a political motivation to pick them off, if they’re not making decisions, as Mr. Lowell referenced earlier, that people like. So I suggest you keep it the same. Keep it the same as most of the other boards. thank you. Madame Moderator: Thank you. This... Yes. Mrs. Barnes... Barnes (Mrs.): I’m glad I’m the last one to speak, I hope. Um, this isn’t just about the age of the members. This is about turning over perhaps some of the election 75 procedures. I have talked to about thirty different Planning Officers here in... Martha’s Vineyard, the Cape, and some other smaller communities like ours, and about 40% of them do have three-year terms. The rest are anywhere from 5 to 7 and one community has 9 members... Their terms of office are 5 years, generally, when you have that big a board... I presented this because I thought it might be a new way to intrigue others who might be interested in planning, but maybe Matt’s right, maybe they’re the only ones that are interested in planning. So, I would like you to vote on this. I hope you would agree that maybe this might work, but if you don’t, I’ll be back another time. Madame Moderator: Thank you... We’ve done a little technical correction. Mr. Kopko, I’ll let you have the last word on this. Kopko: Thank you, Madame Moderator. I rise to support this article... With all due respect to my very good friend Mr. Lowell, I think that a three-year term is right. As Ms. Williams knows, the HDC, and elected body, served three-years terms; ConCom, an appointed body, served three-year terms; the Planning Board race this year features not a single fresh face to Nantucket politics, and I’d like to think that a three-year term might entice more people to get involved and possibly think about a term or two on the PB and giving service to the Town in that way. A term or two at five years looks a lot different than a term or two at three years. Learning curve....? We have a brilliant planning staff who I know can bring PB Commissioners up to speed on issues in no time flat. I’ve seen it happen. So, I would urge you to please vote for this article. Thank you. Madame Moderator: Thank you... Ms. Zimmerman.... Zimmerman: Lynn Zimmerman. I’m speaking as a citizen. This past weekend I went to a retreat- I’m on the board of a small local conservation nonprofit- and I was really impressed with the facilitator, who said to all of us, this is not about individuals, because you’re talking about an organization, you’re talking about a board, and you have to not think of these people as individuals, but think of them as positions, and think of them as part of a board. And I really think in this case this is not at all about any individuals who are now on the Planning Board. If we adopt this, which I hope we do, this will serve us for years to come, and if people are on the Planning Board, and they have a three-year term, they can certainly run for another three-year term and another three-year term after that. So, I would urge you to vote for this, and hopefully people will do us a good job. It’s a very, very important board in this community. Thank you. Madame Moderator: Thank you.... Yep.... Mr. Spriggs. Spriggs: Um, this is my last term on the Board, and I’ve been on the Board for ten years—two terms. And I tell you, number one, regardless of what Mr. Kopko said, there is a learning curve, and we have an excellent staff, and I agree with that, however, there is a learning curve. You’ve got to learn the laws of what you can do and you cannot do, in spite of what the staff gives you recommendations, but you as a board member have to make the final decisions on all the projects. And it has not said, you cannot miss a meeting on a major commercial development. So, therefore, if you’re only on for three years, there is a chance that you may have to miss a meeting, and that the project is delayed. I’m not running again, and I think I said that earlier, however, from my experience, you need about 18 months to co me up to speed, so, on a three year term, that doesn’t leave you much time. And then you got to run for office again, as Mrs. Zimmerman just said, you know, you run every three years, and I don’t think that’s right either. But it is something that’s been working all these years for the Town of Nantucket. The PB has made great decisions.; The PB has been sued many times, even with the Land Counsel, but we haven’t lost any, over the ten years that I’ve been there. So, I think we’ve had good people, and I have tried and talked to some of the younger people in the community myself, to try to get them to run in this race, and it’s not easy. However, there are Selectmen who have repeated in office also. It’s hard for the Selectmen to find members to get on 76 committees... There have been many committees left blank- open- because they can’t get enough people to volunteer. So, I don’t think that has anything to do with the PB. I think we should vote down this article, and leave things the way they are, a five-year term. Uh, one other thing. I spoke to a woman tonight, and she’s interested in coming on as an alternate. That’s another procedure we have. There are three alternates on the PB, where you can sit there and read. You get everything that the regular PB members receive every week. However, you don’t vote, except when there is an absent member, and there’s a special... project... But Nat did that for a year, and he learned a lot. And then he ran for election and he won. So I think we should vote this down. Thank you. Madame Moderator: Okay, Mr. Collier. Go ahead. In for a dime, in for a dollar, or whatever that expression is.... Collier: I’ll be real quick. Madame Moderator: Okay. Collier: I just wish that this article wouldn’t be perceived as an attack on the Planning Board. It is not whatsoever. I understand that you potentially feel it that way. but I think, in the spirit of Mrs. Barnes’ article, and her intention, it’s to stimulate participation in our government. That’s I think crosses all lines, in terms of political lines, and I think that this is what this could do. When you do mention that Nat could serve as... or, Nat did serve as an alternate, any other person could serve as an alternate, reach your perceived learning curve in a year, and serve for three years. It makes sense. Madame Moderator: Thank you. Mr. Lowell... Just... a second... ad then we really are done with this. Lowell: Yeah. Just a quick point. Last year’s Town Meeting, the Government Study Committee recommended that we be appointed. Now, I know you might have to dig back in your memory bank to remember that wonderful night. It took me a minute to think of it. The reason for the appointment process for us was to eliminate the electoral process, as that might encourage more people to do it, simply because you have to fill out a form, and send it to the Selectmen, and go to the meeting, and hopefully, get appointed. It’s interesting that the three-year term will require more electoral procedures, which would- I would assume discourage people from running because they’ve got to do it more. Thank you. Madame Moderator: Thank you. Okay, on the motion. A “Yes” vote will adopt the main motion, a “No” vote will defeat the motion. It requires a majority vote. All those in favor, say “Aye.” Audience: (loud) Aye! Madame Moderator: All those opposed, “No?” Audience: (loud) No! Madame Moderator: Okay. You got me. We’re going to do a hand count. All those in favor of the main motion on Article 98, raise your hands and keep your hands raised till the tellers have counted your vote... Is Karen Olentz here?..[Yes] Excellent. Where?.. I know. That’s all right. I’m asking at a bad time. Oh yeah. Go ahead. While we’re doing the count, I’m going to run the “Thank you’s” because everybody always races out before we get to run them. So, this will give you something to... read... It’s an incredible amount of work that goes into this meeting, from a lot of different people, so... under some fairly tight time pressures, too... The set-up, in particular, was Herculean... and it worked out perfectly, so... But we won’t do it again... Okay... Are you ready? All those opposed to the main motion, on Article 98, please raise your hands, and keep your hands raised till the tellers have counted your vote...On Article 98, “Yes” 87, 77 “No” 94, the motion does not carry... Article 101, which is our final article. This article appears on page 168 of the Warrant... It received a Not to adopt recommendation. Ms. Olentz has brought it forward. We do have a positive motion for her.... that would be as follows: Move that, pursuant to section 9-G of Chapter 395 of the Acts of 1970, as amended, the Historic... Historic- Historical? Historic... Historic District Commission is hereby requested to adopt one or more policies encouraging solar energy systems consisting with public policy as reflected in Chapter 40A, Section 3, Chapter 40A, Section 9B, and Chapter 184, Section 23C of the Massachusetts General Laws, to the maximum extent feasible without having a significant adverse impact upon its purpose of the preservation and protection of historic buildings, places, and districts of historic interest. Is that an acceptable motion to you, Ms. Olentz? Thank you... Is there a second? Motion is made and seconded... Ms. Olentz... Olentz: This article would require the HDC to develop a clear policy that permits and encourages solar panels whenever possible, while still preserving historical... historic... integrity. it makes refer3ence to several state laws which support and protect citizens’ rights to install solar panels on their buildings. The article does have wording which allows the HDC to turn down installations when historic character is truly jeopardized. The world we live in is one of a diminishing supply of fossil fuels. War is being fought over these limited resources and the reality of global warming. Many of us are trying to take action to alleviate these problems, and contribute to a healthier environment. Some are deciding to make their contributions by reducing fossil fuel energy dependence, and installing solar panels on their homes. To do so, to do such a thing, takes a substantial commitment of money and time. It is common sense that our town boards should be streamlining or clearing the roads for its citizens to use renewable energy. Instead, the HDC often throws obstacles in the path of solar energy installations. In Nantucket’s capacity as a national and international vacation designation, we garner loads of media attention. We as islanders have an opportunity, or even an obligation, to be in the forefront of global environmental stewardship. I’m asking all of us to give a vote of approval to this article, and support citizen’s rights to utilize a renewable energy resource. Madame Moderator: Thank you... Mr. Roggeveen? Roggeveen: Thank you, Madame Moderator. Dirk Roggeveen, speaking as Chairman of the HDC. We discussed this article as it was originally written, wherein the word “request” was at that time “require.” But I think the general views of the HDC would be the same with either. There’s a misperception contained within the article that the HDC is hostile to solar... solar systems. The HDC has actually been approving solar systems for years now. They used to be the hot water solar systems where water ran through panels up on the roof. There are a number of them on the island. More recently, photovoltaic arrays have been coming to the HDC. I can’t actually think of one that we have not approved. there are requirements, depending where they’re located. We’ve approved them outside of town, we’ve actually approved them right here in the core Historic District, and, sort of the challenge for people who don’t know where it is to go wandering around and see if they can actually find it. It’s on the street side of the house, right in front, and I dare say, most of you won’t be able to find it. I don’t think this is necessary. I think the... HDC’s job is not to encourage solar systems; I think our job is to give due consideration to solar systems, and I think... as individuals, we all think it’s a good idea, but I think as a Historic District Commission, our job is to ensure the historic integrity of the downtown neighborhoods. And I urge you to defeat this, even though it’s merely a request. Thank you. Madame Moderator: Thank you. Speaker: Madame Moderator? Madame Moderator: Yes... Mr. Blackshaw... Can you use your microphone? (laughter) 78 Speaker: I’m Ken Blackshaw.. I think um... Hey, now I’m Ken Blackshaw. I’d appreciate hearing from somebody at the HDC just what the rules are for the adoption of a solar panel on a house. Somebody, I believe who was running for the HDC, told me that a solar panel had to emulate exactly the characteristics of a skylight—an historic skylight, which actually makes the size of a solar panel rather small and puny. And I also was told that it had to be trimmed as if it were a skylight, which also seems to detract from the whole idea of it. I’d like to hear if that’s true, or if there’s another ruling. Madame Moderator: Mr. Roggeveen? Roggeveen: One of the great things about the HDC is it doesn’t set strict policies ahead of time; it actually looks at things in context. The ones that you’re speaking to, which are designed to look like skylights, are on the oldest of the historic structures in town. There are other solar arrays that are on roof planes facing the sun that are actually mostly obstructed from visibility. Totally different standard. One of the other reasons that the Commission is probably wise not to start setting policy now, is that there are very rapid changes in solar technology taking place right now, and adopting policies now governing how we’re going to deal with that would be like adopting policies on how fast the rotar on a rotary phone would turn, right before push-button phones came online. We have literature that comes into the office with... they are now manufacturing shingle—roof shingles that are actually solar panels, that will interconnect and form an entire roof. Obviously there’s going to be concerns on what kind of building they’re put on, how the edges are trimmed out, and it’s a case by case basis. We watch them, we look at the context, we look at what the material is, and I think the HDC’s done a good job, but I think it would be very premature with such a radically... the radical speed with which the technologies are changing would be to start trying to devise hard policy at this point, but... Madame Moderator: Thank you... So, on the motion, it requires a majority... Speaker: Madame Moderator? Madame Moderator: Yes, Mr. Lowell? Lowell: Thank you. I can’t help but speak on this. Dirk took my technology advancement part of my comment, so I’m going to move to something else, that he might not like, actually. Ms. Olentz wants to conserve energy, and I think everybody does, whether you’re a staunch whacko conservative like me, or a staunch liberal, or something in between. Down in the Core District, the HDC requires substandard windows that the wind blows right through, while we’re now installing these beautiful, green, very efficient heating systems, the wind is blowing through the house by requirement. I find that interesting. So, if I was a proponent of an article to be green in town, I would propose that we start putting 6 over 6 thermo-panes that look exactly the same from 6 feet away on these houses, and move into the 21st century on windows to start from something. And also, I’ve talked to the Building Department about inspecting soft (inaudible) insulation, which, I am telling you right now, blows through houses, because it is not done properly. – (tape ends) (tape resumes)so if you don’t believe me, come with me in my truck sometime when it’s blowing 40 miles an hour in the winter. I’ll pull down someone’s ceiling light, and you’ll see how much wind is blowing through their house. Thank you. Madame Moderator: Thank you. Okay... Yes. Up in the back. Speaker: Tom Barnes speaking. Last night I heard a number of common themes when people were speaking out about various articles, they supported and urged us all to support the Public Safety Facility, that Town employees deserved a good facility and working conditions. There will be a better opportunity than now, and 79 we’re going to build a leads building for the health and well being of the people who work in it. On the playing fields, let’s do it for the children. There will never be a better opportunity than now. Our kids will be healthier if they are outside and playing. In 1991 an article was passed to ensure that the HDC would allow for satellite TV antennas, which is why you see them all over the island on the front of many houses. It tied to a Federal statute which protected these types of receivers, or antennas. What is a solar panel, if not a receiver or antenna, like a Satellite TV dish, and doesn’t it have to be positioned to receive the sun’s rays? How can a TV Satellite dish e more important to us than solar polar and possible energy independence? Within reason, I believe individual homeowners should have the opportunity to make a choice to spend their own money, and not the Town’s money, and invest in the welfare of their families as they see fit by investing in solar and other alternatives. We all deserve the opportunity to live and work in nice facilities, including our homes. We should do this for the children, and we as parents and grandparents should set an example, so that they see that a TV antenna is not a higher priority than solar power, or solar hot water, or energy independence. And there is no better time than now to make the kinds of changes we need to be able to make to make better choices in this community. Like many people here, I love the game of football. But the next time Nantucket is on the cover of USA Today, I’d prefer it to be about our leadership in adopting solar and other alternatives. If not here, and if not now, then I will continue to ask, “Why not?” Thank you. Madame Moderator: Thank you. So, on the main motion... Speaker: Madame Moderator? Madame Moderator: Yes... You were behind the lamp. It’s a good thing you yelled. Uh oh... (Laughter) Speaker: Okay. I hope this works. Hopefully I’m the last one, but I waited all night, and I guess I should be able to speak now. But I want to address a couple of things that were mentioned. Madame Moderator: You’re Mark Voigt? Speaker: I’m Mark Voigt, Administrator for the Nantucket Historic District Commission. Madame Moderator: Thank you. Voigt: To characterize a standard that the HDC follows for historic buildings and protecting the character of Nantucket as substandard windows, is a mischaracterization of their guidelines. For years we’ve been practicing this standard that comply with the Building Code... If you look at all the studies that have been made on historic windows, or true divided light single-pane windows, and you’ll see that the payback and the difference in energy efficiency, used with the proper storm and installed correctly, is longer than you’ll see in your house... for the time that you’re in there. It take a couple of lifetimes, in many aspects. Thermal panes have been looked at many times. They’re allowed in a lot of areas, so I don’t think that’s much of an issue. I don’t know about the Soffit Vents insulation issue. But satellite dishes in particular... don’t... a little bit of information about those is they don’t require a Building Permit. So, that’s something we try to track on a regular basis, but it’s almost impossible. They go up virtually in minutes, and they go up in multiples, and they change and they move around. A solar panel, you will have to have a Building Permit... to put it in, and that’s where we get involved. We want to protect the District. That’s our Mission. I think everyone knows how valuable that is, and I won’t belabor the point. Madame Moderator: Thank you.... Mr. Anderson... 80 Anderson: Rob Anderson... This thing’s loud... Um, for a very long time, maybe thirty years or so, I’ve been going in front of the HDC with various projects, and over that period of time, there has always been—actually, I shouldn’t say that. Um, at the beginning, there was a great resistance towards introduction of anything solar on the island... and... the HDC does a great job preserving the historic integrity of the downtown, the importance of our structures,]. But we’re also at a time where we need to explore, and allow and send a message to the people of the island that they have the right to have solar panels. That, to be able to reduce their own energy needs, as an individual act, is something that is within their grasp. This article is not really about anything else than giving that empowerment to the people of Nantucket. And I think it’s something that should be supported, and that we should vote for. And then we can all go home and go to bed. Madame Moderator: Thank you. So, on the main motion, a “Yes” vote will adopt the motion, a “No” vote will defeat the motion. All those in favor, please say “Aye.” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” Audience: (loud) No! Madame Moderator: (sigh) (Laughter) Okay. We’ll do a hand count on our last vote... All those in favor of the main motion on Article 101, please raise your hands and keep your hands raised till the tellers have counted your vote....We do have a final motion. that’s the motion to vote on all the articles that went into the pot... It does require... if we do it by a voice vote, it requires a unanimous vote, because one of the articles, Article 2, Unpaid Bills from Prior Fiscal Years, requires a four-fifths vote. So, if you’re mischievous, I would appreciate it if you would not exercise it by saying “No” if you really don’t mean it, on that final motion, otherwise we’ll have to do a hand count, and I’d just as soon avoid that if we can. Although, we do like hand counts. (Laughter)... Okay... All those opposed to the motion on Article 101, raise your hands and keep your hands raised till the tellers have counted your vote... (Pause) I know there were some pools that were going around about how many nights this meeting would take. I hope no one bet any serious money on three or four nights. (Pause) Okay, on Article 101. Yes, 77, No, 92... The motion does not carry... Okay, so now I will recognize the Chairman of the Finance Committee, Mr. Atherton, for the purpose of making this motion: Move that the following—and, please feel free to check these numbers—Move that the following articles be 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 amendments brought forward during the course of the meeting. 1, 2, 3, 4, 5, 6, 7, 8, 8a, 9, 10, 12, 123, 14, 15, 16, 17, 18, 19...21, 22, 23, 24, 25... 28, 29... 32, 33, 34... 36,37, 38, 39... 41, 43, 45, 46, 47, 48...52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 65, 66, 67, 68, 69... 72, 74, 76, 77, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93,94, 95—nope. 94... 99... 100... 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 1120, 121, 122, 123, 124, 125, and 126. (Applause).... Is that your motion, Mr. A--- Oh, Mr. DeRensis?... Okay... Okay... Not as printed in the Warrant, Mary. It’s as printed in the... Finance Committee Report. Would you like me to read it again, or will you take my word for it? (Laughter) Okay... As printed in the Finance Committee Report... Is that your motion, Mr. Atherton? Atherton: So moved, Madame Moderator. Madame Moderator: Is there a second? [Second] Motion made and seconded. All those in favor, please say, “Aye.” Audience: (loud) Aye! Madame Moderator: Those opposed, “No?” 81 Audience: (Silent) That motion is adopted unanimously. Thank you very much. I will recognize the Chairman of the BOS, Mr. Wilhauer for the purpose of making a final motion... And then we’ll do the drawing, but we’ll adjourn first. I know...I know... We will do the drawing, but I want people to feel like they can leave. Wilhauer: I move to adjourn the 2008 Annual Nantucket Town Meeting. (Applause) Madame Moderator: Thank you... Is there a second? All those in favor? Thank you. Thank you very much. Thank you for hanging in until... oh, whatever time it is. Now, Catherine is going to do a drawing, so if you want to win the glamorous door prizes, you should not rush home too quickly. Stover: Rob Anderson? Rob Anderson, you were speaker number 67, which is the number that was selected by Mr. Wilhauer earlier. So, here it is. And, you get this door prize. And, Libby, would you pick a number for us please? (Tape ends) 82 83 TOWN OF NANTUCKET 2008 Annual Town Meeting 7:00 PM, Monday, April 7, 2008 Nantucket High School Page i Town of Nantucket 2008 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 Brian Chadwick Allen Reinhard Patricia Roggeveen FINANCE COMMITTEE John W. Atherton, Jr., Chairman Bruce D. Miller, Vice-Chairman Charity Benz Christopher J. Kickham Gregory P. Keltz James R. Kelly Peter Morrison Matthew T. Mulcahy Michael B. Rosen PLANNING BOARD Frank Spriggs, Chairman Barry Rector, Vice-Chairman Sylvia Howard Nathaniel Lowell John McLaughlin MODERATOR Sarah F. Alger Cover photo courtesy of Penny Dey Page ii Town of Nantucket 2008 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 2008 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2008 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 2 6 Fiscal Year 2008 Budget Transfers 3 7 Personnel Compensation Plans for FY 2009 4 8 Appropriation: FY 2009 Operating Budget 7 8A Appropriation: Other Post Employment Benefits 9 9 Appropriation: Health and Human Services 10 10 Appropriation: General Fund Capital Expenditures 11 11 Appropriation: Public Safety Facility 13 12 Appropriation: Enterprise Funds Operations 14 13 Appropriation: Enterprise Funds Capital Expenditures 15 14 Enterprise Funds: Fiscal Year 2008 Budget Transfers 16 15 Appropriation: County Assessment 17 16 Appropriation: Finalizing Fiscal Year 2009 County Budget 17 17 Rescind Unused Borrowing Authority 18 18 Appropriation: Ferry Embarkation Fee 18 19 Appropriation: Collective Bargaining Agreement/Our Island Home 19 20 Appropriation: Collective Bargaining Agreement/Airport Union 19 21 Appropriation: Collective Bargaining Agreement/Public Works Union 19 22 Appropriation: Collective Bargaining Agreement/Laborer’s Union 20 23 Appropriation: Collective Bargaining Agreement/Police Union 20 24 Appropriation: Collective Bargaining Agreement/Deputy Chief Union 20 25 Appropriation: Collective Bargaining Agreement/Fire Union 21 26 Appropriation: Community Preservation Committee/Beaugrand 21 27 Appropriation: Sports Complex/Theroux 25 28 Zoning Bylaw Amendment: Commercial Uses 26 29 Zoning Bylaw Amendment: Intensity Regulations Reorg and New Districts 42 30 Zoning Map Change: Commercial Industrial 48 Page iv Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2008 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 31 Zoning Map Change: Technical Correction – Airport 53 32 Zoning Map Change: Hatch Circle and Raceway Drive 54 33 Zoning Map Change: Raceway Drive 55 34 Zoning Map Change: Clara Drive 56 35 Zoning Map Change: Somerset Road 57 36 Zoning Map Change: Madaket Area Open Space 58 37 Zoning Map Change: Mid-Island Green Belt 63 38 Zoning Map Change: Weweeder Pond Open Space 64 39 Zoning Map Change: Southwestern Town/Country Border – Miacomet 66 40 Zoning Map Change: Surfside Road and Vesper Lane 68 41 Zoning Map Change: Surfside Road and Miacomet Road 69 42 Zoning Map Change: Raceway Drive and Clara Drive 71 43 Zoning Map Change: Clara Drive and Todd Circle 71 44 Zoning Map Change: LUG-2 to CTEC – 67 and 69 Surfside Road 72 45 Zoning Map Change: Miller Lane 73 46 Zoning Map Change: Rezoning – Kelley Road 74 47 Zoning Map Change: Kelley Road/Myers 76 48 Zoning Bylaw Amendment: Multi-Family Overlay District 76 49 Zoning Bylaw Amendment: Establishment of Harbor Overlay (HOD) Zoning District 77 50 Zoning Map Change: Harbor Overlay District – Vicinity of Nantucket Harbor 82 51 Zoning Map Change: Harbor Overlay District – Vicinity of Madaket Harbor 86 52 Zoning Bylaw Amendment: Island Perimeter Restrictions 87 53 Zoning Bylaw Amendment: Island Perimeter Restrictions/Asadoorian 90 54 Zoning Bylaw Amendment: Disaster Rebuild 91 55 Zoning Bylaw Amendment: Dormitory Housing Overlay District 92 56 Alteration of Neighborhood Employee Housing Overlay District Map 96 57 Zoning Bylaw Amendment: Definition Change for Affordable Housing 96 58 Zoning Bylaw Amendment: Major Residential Development Special Permit 98 59 Zoning Bylaw Amendment: Major Residential Development Special Permit 99 60 Zoning Bylaw Amendment: Mixed Income Residential Development (MIRD) Special Permit 104 61 Zoning Bylaw Amendment: Open Air Markets/Coffin 108 Page v Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2008 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 62 Zoning Bylaw Amendment: Definition of Transfer Station 110 63 Zoning Bylaw Amendment: Definition of Structure 111 64 Zoning Bylaw Amendment: RCDT 112 65 Zoning Bylaw Amendment: Wind Energy Conversion Systems (WECS) Technical Correction 113 66 Bylaw Amendment: Peddlers, Solicitors and Transient Vendors 114 67 Bylaw Amendment: Management of Coastal Properties Owned by the Town of Nantucket/Stover 116 68 Charter Amendment: Management of Coastal Properties Owned by the Town of Nantucket 117 69 Bylaw Amendment: Animals/West 118 70 Bylaw Amendment: Signs, Satellite Dishes, Rooflines/Benz 119 71 Bylaw Amendment: Parking/Lydon 119 72 Bylaw Amendment: Streets and Sidewalks/Sanders 120 73 Bylaw Amendment: Street Numbers, Regulating/Spriggs 122 74 Bylaw Amendment: Motorized Passenger Devices/Peroni 123 75 Bylaw Amendment: Wharves and Waterways 124 76 Bylaw Amendment: Board of Sewer Commissioners/McGowan 127 77 Bylaw Amendment: Board of Sewer Commissioners/Nicholson 128 78 Bylaw Amendment: Board of Sewer Commissioners/Capozza 129 79 Bylaw Amendment: Board of Sewer Commissioners/Glidden 129 80 Charter Amendment: Town Administration/Barnes 130 81 Home Rule Petition: Other Post Employment Benefits 131 82 Home Rule Petition: Community Housing Bank 133 83 Home Rule Petition: Sewer Act 146 84 Home Rule Petition: 1975 Roads 150 85 Home Rule Petition: County Real Estate Conveyance 151 86 Home Rule Petition: Nantucket Islands Land Bank 152 87 Home Rule Petition: 7 Miacomet Road 154 88 Acceptance of MGL/Military Pay 155 89 Acceptance of MGL/Meeting Attendance 156 90 Acceptance of MGL c. 43D/Downtown 156 91 Acceptance of MGL c. 43D/2 Fairgrounds Road 158 Page vi Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2008 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 92 Acceptance of MGL c. 43D/Bunker Road Area 161 93 Pier Slips Residency Requirement/Balling 163 94 Cobblestone Requirement/Stover 163 95 Renewable Energy/Timmermann 163 96 Nantucket Historical Commission Registration/Timmermann 164 97 Separate Board of Health/Barnes 164 98 Planning Board Terms/Barnes 165 99 Agricultural Commission/Coffin 166 100 Cemetery Naming/Clarkson 167 101 Solar Energy/Alence 168 102 VFW Lease Extension/Anderson 168 103 Conservation Restriction/VFW 169 104 58A Orange Street Lease Authorization 169 105 Real Estate Acquisition: Miller Lane 169 106 Real Estate Conveyance: Miller Lane 170 107 Real Estate Acquisition: Surfside (Woodbine Street, etc) 170 108 Real Estate Conveyance: Surfside (Woodbine Street, etc) 171 109 Real Estate Acquisition: Surfside 171 110 Real Estate Conveyance: Surfside 172 111 Real Estate Acquisition: Surfside Parking Lot 172 112 Real Estate Acquisition: Old South Road Sewer Easements 173 113 Real Estate Disposition: 7 Miacomet Road 174 114 Real Estate Acquisition: Madaket Parcels 174 115 Real Estate Conveyance: Madaket Parcels 175 116 Real Estate Conveyance: Madaket Parcels 177 117 Real Estate Acquisition: Dionis 178 118 Real Estate Conveyance: Dionis 178 119 Real Estate Acquisition: Hummock Pond 179 120 Real Estate Conveyance: Hummock Pond 180 121 Real Estate Conveyance: Fair Street 180 122 Real Estate Conveyance: South Pasture 181 123 Real Estate Acquisition: 80 Miacomet Avenue 182 Page vii Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2008 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 124 Real Estate Conveyance: 80 Miacomet Avenue 182 125 Appropriation: Stabilization Fund 183 126 Appropriation: Free Cash 183 NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS Page 1 Town of Nantucket 2008 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 2007 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 2007 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 Two Thousand Two Hundred Thirteen Dollars and Eighty-three Cents ($2,213.83) be raised and appropriated from the Fiscal Year 2009 Tax Levy and other general revenues to pay the following unpaid bills from prior fiscal years: DEPARTMENT VENDOR AMOUNT Public Works Wright-Pierce $ 90.00 Public Works Yates Gas $ 213.83 Public Works John J. Shugrue, Inc. $1,910.00 TOTAL $2,213.83 ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that One Million One Hundred Thousand Dollars ($1,100,000) be appropriated for the Board of Selectmen to expend on the Public Safety Facility (Article 11 of this Warrant); and to meet this appropriation, One Million One Hundred Thousand Dollars ($1,100,000) be transferred from Article 10 of the 2002 Annual Town Meeting (Construction of Fire Station Expansion). Page 2 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 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 2009. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby authorized to continue during Fiscal Year 2009 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 Tennis Court Tennis fees Town Administrator with approval of Park & Recreation Commission Operation, maintenance of tennis court facility and housing for seasonal staff $50,000 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 Page 3 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 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 2009 tax levy. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be raised and appropriated from the Fiscal Year 2009 tax levy and other general revenues of the Town to establish a Reserve Fund for Fiscal Year 2009 pursuant to chapter 40, s. 6 of the General Laws. ARTICLE 6 (Fiscal Year 2008 Budget Transfers) To see what sums the Town will vote to transfer into various line items of the fiscal year 2008 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 2008 accounts and expenditures as follows: FROM TO AMOUNT Finance & Operations, Salaries NP & EDC, Salaries $ 46,000 Finance & Operations, Salaries Finance & Operations, Expense $ 10,000 Finance & Operations, Salaries Collector, Salaries $ 3,000 Finance & Operations, Salaries Our Island Home, Expenses $ 44,000 Finance & Operations, Salaries ACDC, Salaries $ 18,000 Finance & Operations, Salaries Snow & Ice $ 16,000 Finance & Operations, Salaries Health Department, Salaries $ 2,000 Fire Department, Expense Fire Department Salaries $ 40,000 Health Insurance, Expense General Insurance, Expense $ 135,000 Information Services & GIS, Expense Public Buildings, Expense $ 3,950 Information Services & GIS, Salaries Town Clerk, Salaries $ 16,300 Information Services & GIS, Salaries Snow & Ice $ 12,000 Our Island Home, Salaries Our Island Home, Expenses $ 68,000 Parks & Recreation, Salaries Marine & Coastal Resources, Salaries $ 40,880 Parks & Recreation, Salaries Marine & Coastal Resources, Expense $ 3,680 Parks & Recreation, Salaries Parks & Recreation, Expense $ 6,000 Public Works, Salaries Mosquito Control, Salaries $ 3,500 Veteran's Services, Salaries Veteran's Services, Expense $ 6,000 Visitor Services, Expense Visitor Services, Salaries $ 9,800 Zoning Board of Appeals, Expense NP & EDC, Expenses $ 25,000 Zoning Board of Appeals, Salaries NP & EDC, Salaries $ 45,000 Page 4 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2009) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2009: 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 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, 2008- April 14, 2009) Compensation Second Third Fourth Level Start Season Season Season A-Hourly* $13.00 $14.00 $15.00 $16.00 B-Hourly* $13.50 $14.50 $15.50 $16.50 C-Hourly* $14.50 $15.50 $16.50 $17.50 D-Hourly* $15.00 $16.00 $17.00 $18.00 Page 5 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions E-Hourly* $17.00 $17.50 $18.00 $19.00 *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 $84,351 *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 Page 6 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 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, 2008- April 14, 2009) Compensation Second Third Fourth Level Start Season Season Season A-Hourly* $13.00 $14.00 $15.00 $16.00 B-Hourly* $13.50 $14.50 $15.50 $16.50 C-Hourly* $14.50 $15.50 $16.50 $17.50 D-Hourly* $15.00 $16.00 $17.00 $18.00 E-Hourly* $17.00 $17.50 $18.00 $19.00 *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. Page 7 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Schedule D -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $84,351 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. ARTICLE 8 (Appropriation: Fiscal Year 2009 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 2009. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2009 operating budget is established for the various offices, boards, and commissions of the Town as follows: Fiscal Year 2009 FY 2008 DEPARTMENT PAYROLL OPERATING TOTAL BUDGET ARTICLE 8 TOTAL GENERAL GOVERNMENT Conservation Commission $ 114,900 $ 49,900 $ 164,800 $ 157,900 Commission on Disability $ 10,700 $ 3,200 $ 13,900 $ 13,900 Finance Committee $ - $ 14,800 $ 14,800 $ 14,800 Finance & Operations $ 1,490,770 $ 546,750 $ 2,037,520 $ 1,770,950 Historic District Commission $ 215,700 $ 25,400 $ 241,100 $ 239,500 Human Resources $ 82,300 $ 41,100 $ 123,400 $ 86,200 Information Systems / GIS $ 289,100 $ 214,200 $ 503,300 $ 488,600 Legal $ - $ 330,000 $ 330,000 $ 330,000 Moderator $ 170 $ 1,335 $ 1,505 $ 1,500 NP & EDC $ 404,100 $ 68,850 $ 472,950 $ 437,850 Personnel Board $ - $ - $ - $ 31,100 Selectmen $ 393,800 $ 412,175 $ 805,975 $ 740,575 Town Clerk $ 198,800 $ 62,000 $ 260,800 $ 248,800 Zoning Board of Appeals $ 42,900 $ 16,900 $ 59,800 $ 106,900 Subtotal $ 3,243,240 $ 1,786,610 $ 5,029,850 $ 4,668,575 SAFETY & PROTECTION Inspectors $ 593,700 $ 36,700 $ 630,400 $ 625,700 Emergency Management $ - $ 20,150 $ 20,150 $ 20,150 Fire Department $ 2,251,300 $ 264,100 $ 2,515,400 $ 2,402,600 Health Department $ 250,500 $ 42,300 $ 292,800 $ 280,000 Parking Clerk $ - $ 12,100 $ 12,100 $ 12,100 Police Department & $ 3,781,600 $ 516,400 $ 4,298,000 $ 4,128,900 Page 8 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Animal Control Street Lighting $ - $ 75,000 $ 75,000 $ 75,000 Zoning Enforcement $ - $ - $ - $ - Subtotal $ 6,877,100 $ 966,750 $ 7,843,850 $ 7,544,450 MARINE & COASTAL RESOURCES Marine Department $ 692,800 $ 64,700 $ 757,500 $ 523,600 Subtotal $ 692,800 $ 64,700 $ 757,500 $ 523,600 MAINTENANCE Gas / Town Vehicles $ - $ 420,000 $ 420,000 $ 275,000 Mosquito Control $ 128,400 $ 35,200 $ 163,600 $ 159,400 Public Buildings $ - $ 547,100 $ 547,100 $ 511,600 Public Works $ 1,617,900 $ 541,000 $ 2,158,900 $ 2,047,800 Snow and Ice Removal $ - $ 25,000 $ 25,000 $ 25,000 Subtotal $ 1,746,300 $ 1,568,300 $ 3,314,600 $ 3,018,800 HUMAN SERVICES Adult Community Day Care $ 136,800 $ 37,500 $ 174,300 $ 134,500 Council on Aging $ 202,100 $ 23,500 $ 225,600 $ 233,100 Council for Human Services $ 126,600 $ 8,300 $ 134,900 $ 128,500 Our Island Home $ 4,054,000 $ 904,500 $ 4,958,500 $ 4,790,700 Veteran's Services $ 4,600 $ 5,000 $ 9,600 $ 10,300 Subtotal $ 4,524,100 $ 978,800 $ 5,502,900 $ 5,297,100 CULTURE & RECREATION Atheneum $ - $ 641,650 $ 641,650 $ 620,000 Park & Recreation $ 370,900 $ 138,900 $ 509,800 $ 753,700 Town Clock $ - $ 6,600 $ 6,600 $ 6,600 Visitor Services $ 265,100 $ 176,100 $ 441,200 $ 428,500 Subtotal $ 636,000 $ 963,250 $ 1,599,250 $ 1,808,800 CONTRACTUALOBLIGATIONS $ 247,100 $ - $ 247,100 $ 221,000 TOTAL OF DEPT OPERATING BUDGETS $ 17,966,640 $ 6,328,410 $ 24,295,050 $ 23,082,325 EDUCATION Community School $ 235,000 $ 0 $ 235,000 $ 310,000 School Department $ 17,609,274 $ 4,009,726 $ 21,619,000 $ 20,863,921 Subtotal $ 17,844,274 $ 4,009,726 $ 21,854,000 $ 21,173,921 GRAND TOTAL OF GEN GOV'T OPER BUDGETS $ 35,810,914 $10,338,136 $ 46,149,050 $ 44,256,246 DEBT SERVICE Page 9 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Principal $ - $ 6,401,600 $ 6,401,600 $ 6,449,000 Interest $ - $ 2,849,300 $ 2,849,300 $ 2,643,000 Subtotal $ - $ 9,250,900 $ 9,250,900 $ 9,092,000 INSURANCES Auto Casualty $ - $ 195,500 $ 195,500 $ 192,500 Blanket Liability $ - $ 725,000 $ 725,000 $ 632,500 Claims Deductible $ - $ 20,000 $ 20,000 $ 19,800 Insurance Consulting $ - $ 30,800 $ 30,800 $ 30,800 Life Insurance $ 25,700 $ - $ 25,700 $ 25,300 Medical Insurance $ 8,100,000 $ - $ 8,100,000 $ 8,617,000 Unemployment $ 98,000 $ - $ 98,000 $ 71,500 Workers Compensation $ 212,000 $ - $ 212,000 $ 198,000 Laborer's Union Pension $ 48,000 $ - $ 48,000 $ 28,600 Subtotal $ 8,483,700 $ 971,300 $ 9,455,000 $ 9,816,000 ASSESSMENTS Barnstable Retirement $ 3,642,259 $ - $ 3,642,259 $ 3,346,353 Subtotal $ 3,642,259 $ - $ 3,642,259 $ 3,346,353 GRAND TOTAL OF OPERATING BUDGET $ 47,936,873 $ 20,560,336 $ 68,497,209 $ 66,510,599 And to meet these appropriations, the sum of Sixty-eight Million One Hundred Twenty-seven Thousand Two Hundred Nine Dollars ($68,127,209) be raised and appropriated from the Fiscal Year 2009 tax levy and other general revenues of the Town; and, that One Hundred Eighty Thousand Dollars ($180,000) be appropriated from the current proceeds of the Ferry Embarkation fee for expenses associated with the Police Department; and, that One Hundred Ninety Thousand Dollars ($190,000) 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 2009 is Twenty- one Million Eight Hundred Fifty-four Thousand Dollars ($21,854,000). ARTICLE 8A (Appropriation: Other Post Employment Benefits) 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 funding current and future other post-employment benefits costs payable by the town; and, to take any other action as may be related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 10 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: For many years the Town has provided health insurance and pension benefits to eligible retired employees. As with most Massachusetts municipalities, the pension plan is funded by annual appropriations to an independent fund in an amount calculated to enable the fund to meet its future obligations and thus provide assurance to the employees that their pension is secure. Health benefits for retired employees have been and are being paid for by annual appropriations which pay health claims of retirees as the claims are incurred. No funding is appropriated on a current basis to recognize the future cost of such benefits which will be paid by the Town after the employees retire. While the current impetus to recognize and deal with the cost of retiree benefits has come from the accounting profession, they are a real current cost and the Town must decide how it will proceed. As a community we also have to understand and be conscious of the post retirement benefits we agree to provide. Most towns in our state and, indeed, around the country, have not chosen to fund the obligation on a current basis for various reasons. Underlying most such decisions is a reluctance to ask voters to increase their taxes. However, as with social security, not paying on a current basis, merely defers the obligation to future generations when the burden will likely be substantially higher. Because this is an issue faced by all Massachusetts communities, the state may develop a common approach. Until we learn more, both the Board of Selectmen and the Finance Committee believe Nantucket needs to review the various options available to meet this obligation. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion and Comment. 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 2009, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Three Hundred Thirty-one Thousand Dollars ($331,000) be raised and appropriated from the Fiscal Year 2009 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 Page 11 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 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 2009, which contracts shall stipulate mutually agreed upon terms and conditions: AGENCY AMOUNT Alliance for Substance Abuse Prevention (ASAP) $30,000 A Safe Place $50,000 Martha’s Vineyard Community Services $15,000 Elder Services of Cape Cod & Islands $8,355 Interfaith Council Food Pantry $20,000 Interfaith Council Rental Assistance $15,000 South Coastal Counties Legal Services $3,640 Family & Childrens Services dba Nantucket Behavioral Health Services $122,005 Nantucket Cottage Hospital $42,000 Small Friends $24,000 Community Action Committee of Cape Cod & Islands $1,000 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 2009 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 outlay expenditures for general fund departments for Fiscal Year 2009; 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 Health Replacement of one (1) vehicle $26,200 Park & Recreation Replacement of one (1) gas furnace in administration building $ 5,000 Public Works Purchase of a bobcat attachment $14,000 Public Works Costs associated with drainage improvement along Lover’s Lane $49,000 School Purchase of technology equipment $270,000 TOTAL $364,200 Page 12 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions And, to meet the appropriation for the above items, that Three Hundred Sixty-four Thousand Two Hundred Dollars ($364,200) be appropriated from Overlay Surplus; And, further, that the following capital expenditures for general fund departments be approved for Fiscal Year 2009, all such expenditures to be made by the Town Administrator with the approval of the Board of Selectmen, and further that 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 Fire Replacement of one (1) fire engine (E-4) $450,000 Fire Replacement of one (1) ambulance (#3) $190,000 Marine & Coastal Resources Replacement of Town Pier floating dock $50,000 Marine & Coastal Resources Replacement of Brant Point boat house finger pier $150,000 Public Buildings Interior repair and improvements at Town Building located at 16 Broad Street $50,000 Public Buildings Repair and improvements of Town Building located at 2 Fairgrounds Road $155,000 Public Buildings Repair and improvements of Teen Center located at First Way $85,000 Public Buildings Repair and improvements of Visitor restrooms located at 1 Folger Court, Siasconset $65,000 Public Buildings Renovation of Visitor Services restrooms at 25 Federal Street $125,000 Public Works Replacement of one (1) packer trash truck $130,000 Public Works Replacement of sections of guardrail along Polpis Road $105,000 Public Works Costs associated with road reconstruction projects $900,000 Public Works Purchase of mowing equipment $70,000 Public Works Costs associated with roadway improvement at intersection of Orange Street and Union Street $95,000 School Replacement of furniture, fixtures, and equipment, all schools $125,000 School Replacement of 20,000 gallon fuel storage tank $250,000 School NES building improvements $385,000 School CPS building improvements $400,000 School NHS building improvements $475,000 School Costs associated with development of new playing fields and associated facilities $400,000 School Costs associated with space reconfiguration $200,000 School Costs associated with space needs study and expansion design $400,000 Selectmen Costs associated with design and construction of bicycle path on Cliff Road $21,540 TOTAL $5,276,540 And to meet the appropriation for the above items other than Fire Department replacement ambulance and the Marine Department Town Pier floating dock replacement, that the Treasurer of the Town, with the approval of the Board of Selectmen, is hereby authorized to Page 13 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions borrow Five Million Thirty-six Thousand Five Hundred Forty Dollars ($5,036,540) 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 Ninety Thousand Dollars ($190,000) be appropriated from the Ambulance Reserve Fund for the Fire Department replacement ambulance; and that Fifty Thousand Dollars ($50,000) be appropriated from the Waterways Improvement Fund for the Town Pier replacement floating dock. ARTICLE 11 (Appropriation: Public Safety Facility) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, to be spent by the Town Administrator with the approval of the Board of Selectmen, for professional services for design, permitting, architecture, construction supervision and other related professional services, and for the construction, installation and equipping of a public safety facility at 2 Fairgrounds Road; and, to take any other action as may be related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Twenty-seven Million Five Hundred Thousand Dollars ($27,500,000) be raised and appropriated from the Fiscal Year 2009 tax levy and other general revenues of the Town for professional services for design, permitting, architecture, construction supervision and other related professional services, and for the construction, installation and equipping of a public safety facility at 2 Fairgrounds Road all such expenditures to be made by the Town Administrator with the approval of the Board of Selectmen, contingent upon passage by ballot of a referendum question exempting the principal so borrowed and interest from the limitations of Proposition 2½, so-called, pursuant to G.L. chapter 59, s. 21C(k), as a general obligation of the Town with the intent of the Town being to reduce the amount borrowed and/or to fund the debt service for this project with revenues realized from other sources, including: a prior year authorization for expansion of the fire station (Article 10 of 2002 Annual Town Meeting); sale of the fire station property; funding from the Sheriff’s deeds excise fund. These amounts, combined, are expected to reduce the funds needed from the Town. FINANCE COMMITTEE COMMENT: The Finance Committee supports Article 11 and the rationale for creating a new Public Safety Facility that will integrate and centralize public safety services and replace the currently inadequate Police Department space with adequate space, much of which will be available for common use by Fire, Police, and the Sheriff's Department, as well as for an emergency operations center. The Committee also recognizes that residents value year-round access to the Police at an in- town location. The Committee has been assured by the Town Administration and Police Department that the Department will maintain the in-town location year-round. Page 14 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion and Comment. ARTICLE 12 (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 2009: 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 2009 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; the remaining appropriations to be spent through the Board of Selectmen: FY 2009 FY 2009 FY 2009 FY 2008 FUND PAYROLL EXPENSES TOTAL BUDGET TOTAL BUDGET Airport $4,077,218 $9,990,968 $14,068,186 $12,907,885 Sewer ( includes Wastewater Treatment; Collection & Disposal; and Siasconset plant) $932,452 $4,857,548 $5,790,000 $3,500,725 Siasconset Water $126,760 $547,040 $673,800 $592,800 Solid Waste $66,550 $8,822,380 $8,888,930 $8,800,000 Wannacomet Water $1,183,310 $3,110,140 $4,293,450 $3,957,930 TOTAL $6,386,290 $27,328,076 $33,714,366 $29,759,340 Further, that the above appropriations be funded as follows: FUND FUNDING SOURCES AMOUNTS Airport FY 09 Anticipated Revenues $14,068,186 Sewer FY 09 Anticipated Revenues $5,790,000 Solid Waste FY 09 Anticipated Revenues $6,104,930 Solid Waste FY 09 Tax Levy and Other General Revenue $2,784,000 Siasconset Water FY 09 Anticipated Revenues $673,800 Wannacomet Water FY 09 Anticipated Revenues $4,293,450 TOTAL FUNDING SOURCES $33,714,366 Page 15 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 13 (Appropriation: Enterprise Fund 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 2009 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 2009 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: DEPARTMENT ITEM AMOUNT Airport Construction and relocation of new air traffic control tower, including professional services for design and permitting and construction supervision thereof $ 4,000,000 Airport Design and construction of Airport terminal project.; amends Article 14 of 2005 Annual Town Meeting by increasing the appropriation previously voted by $3,000,000 to a new total of $28,000,000 $ 3,000,000 Airport Design and engineering work for runway 15/33 $ 2,000,000 Airport Updating/reconstruction of hangars, including professional services for engineering and permitting $ 500,000 Airport Consulting and professional services costs associated with updating Airport master plan, as required by Federal Aviation Administration $ 250,000 Airport Purchase of terminal building furnishings $ 250,000 Airport Purchase and repair of airfield vehicles and equipment $ 250,000 Subtotal Airport Enterprise $ 10,250,000 Sewer Replacement of one (1) sewer rodding machine truck $ 70,000 Sewer Professional services, including design, permitting, engineering, construction and construction supervision of infiltration/inflow improvements in area of Vesper Lane from Surfside Road to Joy Street, Sparks Avenue from the Fire Station to York Street, Pleasant Street from intersection with Sparks Avenue to New Street and Williams Lane, Cherry Street, and Bear Street between Pleasant Street and Orange Street (“Area N-3A” as per Comprehensive Wastewater Management Plan) $12,520,000 Sewer Professional services, including design, permitting, engineering, construction and construction supervision of infiltration/inflow improvements in area Prospect Street in the west, to the east by Washington Street, on the north by Milk Street and Coffin Street, and to the south by intersection of Union Street and Orange Street (“Area N2” as per Comprehensive Wastewater Management Plan) $12,140,000 Sewer Professional services, including design, permitting, engineering, construction and construction supervision of infiltration/inflow improvements in area north of Main Street between the Harbor to the east, Gardner Street to the west and Harbor View Way to the north. $ 5,000,000 Page 16 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (“Phase II-B Core District” as per Comprehensive Wastewater Management Plan) Sewer Professional services, including design, permitting, engineering of Somerset Road area infrastructure expansion $ 696,000 Sewer Professional services, including design, permitting, engineering of Shimmo collection system $ 666,000 Sewer Professional services, including design, permitting, engineering of Monomoy area collection system $ 558,000 Sewer Purchase of new 1-ton dump truck with sander and plow $ 50,000 Subtotal Sewer Enterprise $31,700,000 Solid Waste Costs associated with closing Phase 2A lined landfill cell $ 500,000 Solid Waste Cost for financial assurance mechanism (“FAM”) requirement of Dept of Environmental Protection for closure of Phase 2A lined landfill cell $250,000 Subtotal Solid Waste Enterprise $ 750,000 TOTAL $42,700,000 And, to meet the appropriations, that the following funding sources to be used: FUNDING SOURCE AMOUNT Airport, Borrowing $ 10,250,000 Sewer, Borrowing $ 31,700,000 Solid Waste, Borrowing $ 750,000 TOTAL $ 42,700,000 Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is authorized to borrow the sum of Ten Million Two Hundred Fifty Thousand Dollars ($10,250,000) 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, state grants, and federal grants; that the Treasurer of the Town with the approval of the Board of Selectmen is authorized to borrow the sum of Thirty-one Million Seven Hundred Thousand Dollars ($31,700,000), as a general obligation of the Town, with the intent that all repayments are to come from sewer enterprise revenues, including betterment assessments, and that all or any portion of such amount may be borrowed from the Massachusetts Water Pollution Abatement Trust and/or 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 Seven Hundred Fifty Thousand Dollars ($750,000), as a general obligation of the Town, with the intent that all repayments are to come from the solid waste enterprise revenues. ARTICLE 14 (Enterprise Funds: Fiscal Year 2008 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2008 Enterprise Fund operating budgets from other line items of said budgets and/or from Enterprise Surplus Reserve Funds. Page 17 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred between the various enterprise fund accounts and funding sources as follows: FROM TO AMOUNT Siasconset Water, Expense Siasconset Water, Salaries $25,000 Sewer, Expense Sewer, Salaries $35,000 Solid Waste, Lined Cell Appropriation (Article 12 of 2007 ATM) Reserve Fund $120,000 Solid Waste, Baler Appropriation (Article 12 of 2007 ATM) Solid Waste, Lined Cell Appropriation (Article 12 of 2007 ATM) $120,000 ARTICLE 15 (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 2009, 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); and, to take any other action as may be related thereto. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be raised and appropriated from the Fiscal Year 2009 tax levy and other general revenues of the Town to fund the Fiscal Year 2009 county assessment. ARTICLE 16 (Appropriation: Finalizing Fiscal Year 2009 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 2009 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. 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 Page 18 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions the Fiscal Year 2009 budget for Nantucket County as adopted by the Nantucket County Commissioners on January 23, 2008, at its meeting on January 24, 2008. ARTICLE 17 (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 to take no action on the Article. ARTICLE 18 (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 not to adopt the Article. FINANCE COMMITTEE COMMENT: The proceeds from the ferry embarkation fee are contained within the motion to Article 8. ARTICLE 19 (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) Page 19 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 20 (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 compensation plan accordingly to reflect such contract, or take any other action in relation thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: The increased costs of this collective bargaining agreement markedly exceed increases in the cost of living and the labor contract goals set by the Town for Town employees. This agreement undermines the commendable steps taken by the Town and School Department to control cost increases. The agreement would create a lack of parity with the more modest increases being proposed for Town employees. Since the Airport is an Enterprise Fund, which meets its costs from its revenues, increases in the operating costs of the Airport are necessarily passed on to the Island through increased fees that are ultimately reflected in higher costs for both passengers and shipment of goods through this vital link to the mainland. For these reasons the Finance Committee unanimously recommends that this Article not be approved. The effect of disapproval of the Article means simply that the negotiating parties must return to the bargaining table to renegotiate the terms and conditions of the agreement, thus providing an opportunity to negotiate more reasonable increases. ARTICLE 21 (Appropriation: Collective Bargaining Agreement/Public Works) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Department of Public Works union employees (represented by the American Federation of State, County and Municipal Employees, Council 93, AFL-CIO, Local 2346) 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. Page 20 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 22 (Appropriation: Collective Bargaining Agreement/ Laborer’s Union) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Laborer’s union employees (represented by the Massachusetts Laborers’ District Council of the Laborers’ International Union of North America, AFL-CIO) 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) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 23 (Appropriation: Collective Bargaining Agreement/Police) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Police Department union employees (represented by the Massachusetts Coalition of Police, Nantucket Local Union 330, IUPA, AFL-CIO) 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) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 24 (Appropriation: Collective Bargaining Agreement/Deputy Police Chief) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Deputy Police Chief (represented by Massachusetts Laborer’s District Council, Nantucket Public Employees’ Local Union Unit 1249) 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 Page 21 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions action in relation thereto. (Board of Selectmen) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 25 (Appropriation: Collective Bargaining Agreement/Fire) 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 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department union employees (represented by the Nantucket Professional Firefighters Local 2509) 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) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 26 (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 2009 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Historic Preservation Maria Mitchell House Preservation of Historic components $21,775 Nantucket Town Clerk Cemetery Restoration Phase 2 $123,000 South Church Preservation Fund Restoration and mitigation of water damage $250,000 Sconset Trust Preservation of Sankaty Head Lighthouse $250,000 First Congregational Church Restoration and repair of interior of church $200,000 Page 22 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Subtotal $844,775 Community Housing Nantucket Human Service Center Creation of units of community housing $300,000 Interfaith Council Housing and Rental Assistance Program $55,000 Nantucket Housing Authority To develop RFP for 50 housing units $10,000 Nantucket Planning & Economic Development Commission Funding for Housing Planner/Specialist $83,578 Nantucket Housing Office 2 Clarendon Street secondary dwelling $245,000 Nantucket Housing Office 3 Norquarta Drive secondary dwelling $235,000 Nantucket Housing Office Nantucket Housing Office-Year Seven $104,000 Nantucket Housing Office Housing Resource Center & 2 affordable units $350,000 Habitat for Humanity Nantucket, Inc. Habitat for Humanity house $100,000 Subtotal $1,482,578 Open Space Conservation/Recreation Nantucket Park and Recreation Commission Youth fields, West $500,000 Nantucket Conservation Foundation University of Massachusetts Field Station purchase $250,000 Open Space Reserves Reserve for future years $75,000 Subtotal $825,000 Administrative Community Preservation Committee Administrative and operating expenses $93,211 Subtotal $93,211 Page 23 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions TOTAL $3,245,564 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY2009 Community Preservation Surcharge $1,633,000 From State matching funds for FY2008, to be received in 2009 $1,254,000 From undesignated reserve balance fund $358,564 Total Revenues $3,245,564 For Fiscal Year 2009 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 on the recording of appropriate historic preservation restrictions for historic resources; open space restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved for later appropriation from the Community Preservation Fund Fiscal Year 2009 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 2009 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 Historic Preservation Maria Mitchell House Preservation of Historic components $21,775 Nantucket Town Clerk Cemetery Restoration Phase 2 $123,000 South Church Preservation Fund Restoration and mitigation of water damage $250,000 Page 24 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Sconset Trust Preservation of Sankaty Head Lighthouse $250,000 First Congregational Church Restoration and repair of interior of church $200,000 Subtotal $844,775 Community Housing Nantucket Human Service Center Creation of units of community housing $300,000 Interfaith Council Housing and Rental Assistance Program $55,000 Nantucket Housing Authority To develop RFP for 50 housing units $10,000 Nantucket Planning & Economic Development Commission Funding for Housing Planner/Specialist $83,578 Nantucket Housing Office 2 Clarendon Street secondary dwelling $245,000 Nantucket Housing Office 3 Norquarta Drive secondary dwelling $235,000 Nantucket Housing Office Nantucket Housing Office-Year Seven $104,000 Nantucket Housing Office Housing Resource Center & 2 affordable units $350,000 Habitat for Humanity Nantucket, Inc. Habitat for Humanity house $100,000 Subtotal $1,482,578 Open Space Conservation/Recreation Nantucket Park and Recreation Commission Youth fields, West $500,000 Nantucket Conservation Foundation University of Massachusetts Field Station purchase $250,000 Open Space Reserves Reserve for future years $75,000 Subtotal $825,000 Administrative Page 25 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Community Preservation Committee Administrative and operating expenses $93,211 Subtotal $93,211 TOTAL $3,245,564 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY2009 Community Preservation Surcharge $1,633,000 From State matching funds for FY2008, to be received in 2009 $1,254,000 From undesignated reserve balance fund $358,564 Total Revenues $3,245,564 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. FINANCE COMMITTEE COMMENT: The Committee encourages the Town to establish, under the direction of the Town Manager, a master plan regarding playing fields including a needs analysis, which is coordinated with the School Department, prior to any actual expenditure of the funds for the playing fields. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion and Comment. ARTICLE 27 (Appropriation: Construction of Sports Complex) To see if the town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, including a borrowing contingent upon passage by ballot of a debt exclusion override referendum, Three Million Six Hundred Thousand Dollars ($3,600,000), for use by the Park and Recreation Commission, with the approval of the Board of Selectman, for the purposes of constructing a 15 acre sports complex on Land Bank property, 81 Milestone Road (Map 61 Parcel 1). Page 26 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (Stephen Theroux, et al) Administrative Note: This article references Map 61 and was intended to reference Map 69 FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: While the Finance Committee supports the idea of a sports complex for the community, it feels that any appropriation of funds needs to go through the Town’s established process prior to presentation to Town Meeting. It is also the opinion of the committee that a master plan for playing fields be implemented from discussions between the Park and Recreation department and the Nantucket Public Schools for the optimum design, needs and location for any sports complex. It should be noted that $900,000 has already been appropriated/requested from the Community Preservation Committee for a playing field complex. ARTICLE 28 (Zoning Bylaw Amendment: Commercial Uses) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: 1. To delete section 9 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. Permitted uses: (1) Retail sales, including on-premises light manufacturing or fabrication clearly ancillary to the retail sales; except for formula business within the FBED. [Amended 4-4-2006 ATM by Art. 42, AG approval 10-26- 2006] (2) Offices, both public and private, including banking, brokers and other financial services. (3) Transient residential facilities, except that transient residential facilities shall only be permitted in the RC District and not RC-2. (4) Restaurants, except for formula business within the FBED. [Amended 4-4-2006 by Art. 42, AG approval 10-26-2006] (5) Personal services. (6) Theaters, auditoriums and other places of public assembly. (7) Parking at grade in parking areas or in parking garages. (8) Parks and playgrounds. (9) Production, processing, building, cleaning, fueling, testing, repair, storage and servicing of boats. (10) Maritime service stations for the retail sale of fuel, lubricants and accessories, and minor services incidental thereto. (11) Yachting and sailing clubs, marinas and other maritime-related recreational facilities. (12) In the RCDT District only, up to four residential apartments containing a maximum of two bedrooms per apartment located on the second or third floor based upon the following density calculation: Type of Apartment Density Calculation Page 27 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Apartments subject to Nantucket Housing Needs Covenant One per 1,250 square feet of land of the subject lot. A maximum of four NHNC apartments are allowed on any lot. An apartment not subject to a Nantucket Housing Needs Covenant One per 2,500 square feet of land of the subject lot. A maximum of two apartments are allowed on any lot. (a) Such apartment, if built, shall be the only dwelling unit(s) on the lot. (b) Density calculations shall be cumulative so that a 2,500 square foot area lot would allow up to two NHNC units or one non-NHNC unit. A 3,750 square foot area lot would allow one NHNC apartments and one non-NHCN apartment. A 5,000 square foot area lot would allow four NHNC or two non- NHCN apartments or a combination thereof. B. Exceptions. The Board of Appeals may grant a special permit to allow the following uses: (1) Taverns and bars (which may also be permitted as accessory to a conforming restaurant use). (2) The following commercial or municipal uses, provided that the Board of Appeals shall specifically find, in addition to the other requirements of this chapter as to the granting of a special permit, that the use will not inherently be in violation of § 139-7E(4): (a) Light manufacturing. (b) Storage and warehousing, including properly screened open storage of goods and materials. (c) Fabrication and assembly of component parts for off-site construction or use. (d) Petrochemical storage and transfer facilities in properly constructed packaging containers. (e) Public utility production and distribution facilities. (f) Printing and publishing. (g) Garages for storage, repair, washing, painting or other servicing of motor vehicles. (h) Public transportation facilities. (i) Food processing, manufacturing and packaging. (j) Maritime research facilities. (k) Asphalt manufacturing facilities. (l) Rental or sale of bicycles, motorcycles, motor scooters, mopeds, automobiles, trucks and other such motorized land transports or means of conveyance. (m) Taxi business in which more than three licensed vehicles are used. (n) Licensed junkyards. (o) Take-out food establishment (which also may be allowed under § 139-15 as accessory to a permitted food establishment use). (p) Laundering and "dry" or other chemical-type cleaning services, both public and non-public (but not including private on-site residential allowed as accessory uses). (q) A trailer or building-like container as a principal or accessory building or structure for storage required by the Nantucket Fire Department of equipment and/or chemicals. (r) Adult uses in the RC-2 District only, subject to conditions set forth in § 139-23. 2. To delete section 10 in its entirety 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 28 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (See also §§ 139-7 and 139-8.) A. Permitted uses: (1) Rooming, lodging and guest houses. (2) Nonprofit clubs. (3) Recreational facilities. B. Exceptions. The Board of Appeals may grant a special permit to allow the following uses: (1) Nonprofit cultural and artistic facilities. (2) Retail sales and personal services, except for formula business within the FBED. [Amended 4-4-2006 ATM by Art. 42, AG approval 10-26-2006] (3) Business, professional, financial and public offices. (4) Restaurants, hotels, motels and inns, except for formula business within the FBED. [Amended 4-4-2006 ATM by Art. 42, AG approval 10-26-2006] (5) Marinas and other maritime-related recreation and commercial facilities, including maritime service stations for the retail sale of fuel, lubricants and accessories, and minor services incidental thereto. C. Elder housing facilities. The Planning Board may grant a special permit for an elder housing facility, subject to its making the finding set forth in Subsection C(1) below, and subject to the following provisions: [Added 4-15- 2003 ATM by Art. 35, AG approval 8-27-2003] (1) The grant of a special permit for an elder housing facility hereunder shall be based upon a finding by the Planning Board that the proposed use, as conditioned by the decision granting the special permit, will be of benefit to the Town and its residents, and will not be substantially more detrimental to the neighborhood than existing uses upon the property where the facility is proposed, or other uses which are permitted thereon as a matter of right. (2) The Planning Board may impose such conditions as it deems appropriate upon the granting of a special permit hereunder. (3) The off-street parking requirements under § 139-18 shall not be applicable to an elder housing facility hereunder. The Planning Board shall, as a part of the decision granting a special permit, establish the number of parking spaces required for a facility approved hereunder. One off-street loading space under § 139-20 shall be provided in each facility permitted hereunder. (4) An elder housing facility permitted hereunder shall be subject to major site plan review under § 139-23. (5) An elder housing facility may consist of multiple apartments in one or more buildings and separate cottages. The total number of units used in the elder housing facility shall not exceed one for each 2,500 square feet of lot area in the tract of land upon which the facility is situated. (6) Included in the total number of dwelling units in the elder housing facility, there may be constructed upon the tract of land upon which the facility is situated employee housing for staff employed by the elder housing facility, containing no more than three dwelling units. (7) All residents of the elder housing facility shall be either 62 years of age or older or shall be the spouse or physically or mentally disabled immediate family member of a resident who is 62 years of age or older. (8) In determining whether a proposed elder housing facility will be of benefit to the Town and its residents, the Planning Board shall consider the provision of affordable housing units for some residents of the facility as being of such benefit. (9) An elder housing facility permitted hereunder shall be exempt from the phased development provisions of § 139-24. 3. To insert in section 9 the following use table: Commercial Uses By Zoning District Page 29 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Retail Sales Y Y Y A A Y Y Y Restaurants Small (up to 70 seats) Y Y SP N N Y Y SP Large (70 to 200 seats) SP SP N N N Y Y SP Take-Out Food Establishment Y Y SP/A N N SP SP N Tavern/Bar Y Y SP N N SP SP N Formula Businesses Retail N Y Y N N Y/N in FBED Y SP/N in FBED Restaurant Small (up to 70 seats) N SP SP N N Y/N in FBED SP SP/N in FBED Large (70 to 200 seats) N SP N N N Y/N in FBED SP SP/N in FBED Take-Out Food Establishment N SP SP N N Y/N in FBED SP N Tavern/Bar N SP SP N N Y/N in FBED SP N Theatres, Auditoriums, or Other Places of Public Assembly Y SP SP N N Y Y N Offices Y Y Y A A Y Y SP Personal Services Y Y Y A N Y Y SP Laundromat or Dry-cleaning Establishment SP SP SP SP N SP SP N Bank Y Y Y N N Y Y SP Art Gallery Y Y Y N N SP SP SP Transient Residential Facilities Hotel or Inn SP SP N N N Y N SP Motel N N Y N N Y N SP Rooming, Lodging, or Guest House Y Y Y N N Y N Y Time-Sharing/Interval Dwelling Unit(s) Y Y Y N N Y N Y Elder Housing Facilities N Y SP N N N N SP Light Manufacturing N N A SP/A Y SP SP N Food Processing N N SP SP Y SP SP N Interior or Exterior Storage or Warehousing N N A SP/A Y SP SP N Asphalt/Batching Plant N N N N Y SP SP N Licensed Junkyards N N N N SP SP SP N Page 30 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Commercial Uses By Zoning District Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Transfer Station N N N N SP N N N Petroleum Product Storage or Distribution Facility (i.e. Tank Farm) N N N N Y SP SP N Utility Production/ Distribution SP SP SP SP Y SP SP N Print Shop Y Y Y Y N SP SP N Motor Vehicle Sales N SP SP N SP SP SP N Motor Vehicle Rental Y N SP N N SP SP N Motor Vehicle Repair or Painting N SP SP SP Y SP SP N Motor Vehicle Parking Lots or Structures Y Y Y SP N Y Y N Car Wash N SP N N SP SP SP N Taxi Cab Business N Y Y Y N SP SP N Bicycle Rental or Sale N N N SP N SP SP N Boat Related Storage N N SP Y Y Y Y N Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Maritime Service Station Y Y Y Y Y Y Y SP Yacht/Sailing Clubs and Marinas Y N N N N Y Y SP Adult Uses N N N N SP N SP N Arcade N SP/A SP/A N N A A A Automated Teller Machine Y/A Y/A Y/A N N Y Y SP Bakery Y Y Y Y N SP/A SP/A A Catering N Y Y Y N SP/A SP/A A Club Y Y Y N N Y Y Y Contractor Shop N N SP Y Y SP SP N Convenience Store Y Y Y N N Y Y SP Crematorium N N N N Y A A A Drive-Through Take-Out Food N N SP N N SP SP N Funeral Home Y Y Y N N Y Y A Health Spa Y Y Y N N Y Y Y Landscape Contractor N N SP Y Y SP SP N Alcohol Sales Y Y SP/A N N Y Y SP Page 31 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Commercial Uses By Zoning District Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Medical Clinic N SP SP N N Y Y SP Mining N N N N Y SP SP N Motor Vehicle Service Station N SP SP SP N SP SP N Museum Y N SP N N Y Y N Open Air Market Y Y Y N N Y Y N Pharmacy Y Y Y N N Y Y SP Supermarket Y Y SP N N Y Y SP Truck/Bus Terminal N N N SP Y SP SP N N = No Y = Yes SP = Special Permit A = Accessory Use as defined in 139-15 FBED = Formula Business Exclusion District 4. To amend section 2 by inserting the following definitions to be inserted alphabetically: ALCOHOLIC BEVERAGE SALES – A facility for the retail sale of beer, wine, or other alcoholic beverages for off-premise consumption. ARCADE – A place or facility where any electric or electronic machine, such as pinball or other similar electronic games, are played for amusement only. Shall not be construed so as to include bingo games, juke boxes, children’s mechanical rides (e.g., horses, rocket ships), or machines that sell merchandise nor shall it be construed so as to include gambling devices or any other devices prohibited by law. AUTOMOBILE SERVICE STATION – Any building, structure or land used primarily for the dispersal, sale, or offering for sale of automotive fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement or rebuilding, body and fender repair, or painting. CATERING SERVICE – An establishment in which food, meals, and incidental services are prepared and then delivered to another location for consumption. CLINIC, MEDICAL OR DENTAL – Offices organized as a unified facility by one or more physicians, dentists, chiropractors or other licensed practitioners to provide medical or dental treatment and examination, but not including bed-patient care. Page 32 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions CLUB – Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business. CONTRACTORS SHOP – An establishment used for the indoor repair, maintenance, or storage of a contractor’s vehicles, equipment, or materials, and may include the contractor’s business office but which does not use any exterior storage area. CONVENIENCE STORE - A retail store offering for sale groceries and household items intended for the convenience of the neighborhood with a floor area of less than 2,500 square feet; does not include automotive service stations or vehicle repair shops. FOOD PROCESSING ESTABLISHMENT – Manufacturing establishments that produce or process foods for human consumption. Includes: (1) bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution); (2) dairy products processing; (3) fats and oil products (including rendering plants); (4) fruit and vegetable canning, preserving, and related processing; (5) grain mill products and by-products; (6) meat, poultry, and seafood canning, curing, and byproduct processing; and (7) distilleries. HEALTH SPA – A place or building where massage, beauty treatment, cosmetic procedures, and related activities take place. LANDSCAPE CONTRACTOR – A business engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground. LIGHT MANUFACTURING – An establishment engaged in the indoor manufacturing, processing, or fabrication of materials or products. OPEN AIR MARKET – An occasional or periodic market held in an open area or in a structure where groups of individual sellers licensed by the Board of Selectmen offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on- site PERSONAL SERVICES ESTABLISHMENT – Establishments providing frequent or recurrent needed specialized non-medically related services, including beauty and barber shops; clothing rental, garment repair, shoe repair shops, tanning salons, photographic studios, psychic readers, tattoo or body piercing studio. These uses may also include accessory retail sales of products related to the services provided. PHARMACY – An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, home and personal care products, and related supplies. Page 33 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions PRINT SHOP – A retail establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment and may include the collating and binding of booklets and reports. TAXICAB BUSINESS – A service that offers transportation utilizing three (3) or more motor vehicles to persons, including those who are handicapped, in return for remuneration. SUPERMARKET – Store where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores or pharmacies. TRUCK/BUS TERMINAL – A facility for the receipt, transfer, short-term storage, or dispatching of goods transported by truck or the storage, service, or maintenance of buses not in active transport of passengers. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. Post Office. 5. To amend section 7, subsection F(8)(d)(1) by deleting the following and renumbering subsection F(8)(d)(2) accordingly: As part of the MRD special permit application, an applicant may request designation of a lot within the MRD subdivision for a nonresidential use. Said nonresidential use shall be limited to 2,000 gross square feet of small-scale, neighborhood-oriented retail or office use as allowed in § 139-10B(1), (2) or (3). As part of the MRD submission, an applicant must provide information which supports the need or necessity of the proposed nonresidential use. Proposed nonresidential uses shall be appropriately scaled for a village setting, and shall be designed to complement the overall function and architecture of the immediate area as determined by the Planning Board. 6. To amend section 8 as follows: § 139-8. Residential Districts R-1, R-10, SR-2 and ROH and Residential Commercial Districts RC, RC-2, RCDT, CN, CTEC and LC. [Amended 4-9-2001 ATM by Art. 25, AG approval 8-24- 2001] (See also §§ 139-7, 139-9 and 139-11.) A. Permitted uses: [Amended 4-10-2002 ATM by Art. 45, AG approval 7-31-2002; 4-15-2003 ATM by Art. 26, AG approval 8-27-2003] (1) In the R-1, R-10, RC, RC-2, RCDT, CN, CTEC and LC (but not SR-2 or ROH) Districts, one duplex dwelling containing two dwelling units; provided that: [Amended 10-19-2004 STM by Art. 11, AG approval 2-22-2005] Page 34 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (a) Any lot on which the two dwelling units are located shall not contain any additional dwellings or dwelling units; and (b) One of the two dwelling units shall be a secondary dwelling unit. (c) In the R-1 and LC Districts, the two dwelling units shall be in the same ownership. Editor's Note: Former Subsection A(1)(d), regarding duplexes in the R-10 District, which immediately followed this subsection, was repealed 4-4-2006 ATM by Art. 46, AG approval 8-2-2006. (2) Any municipal use, including, but not limited to, offices, schools, parks, libraries and recreational uses. 7. To amend section 8 as follows: B. Exceptions. The Board of Appeals may grant a special permit to allow the following uses: (1) Commercial profit-making businesses operating community recreational facilities, such as golf courses, tennis, paddle and racquet courts, bowling alleys, fitness centers or the like; provided they are not substantially more detrimental to the neighborhood nor the environment than existing or permitted alternative uses of the lot. (2) (1) Neighborhood service establishments such as barber, beauty, shoe repair, tailor shops, funeral homes, photographer's studios, art gallery, art salon, antique/craft shop, and upholsterers' shops. No service establishment shall exceed 3,000 square feet of floor area, and the aggregation of such service establishments on a lot (or on contiguous lots in one ownership) shall not exceed 4,000 square feet of floor area [Amended 4-12-1999 ATM by Art. 34, AG approval 8-10-1999] (3) (2) A multibed hospital with any ancillary doctors' and dentists' offices. 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 be amended 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. To delete section 9 as follows A. Permitted uses: (13) Retail sales, including on-premises light manufacturing or fabrication clearly ancillary to the retail sales; except for formula business within the FBED. [Amended 4-4-2006 ATM by Art. 42, AG approval 10-26- 2006] (14) Offices, both public and private, including banking, brokers and other financial services. (15) Transient residential facilities, except that transient residential facilities shall only be permitted in the RC District and not RC-2. Page 35 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (16) Restaurants, except for formula business within the FBED. [Amended 4-4-2006 by Art. 42, AG approval 10-26-2006] (17) Personal services. (18) Theaters, auditoriums and other places of public assembly. (19) Parking at grade in parking areas or in parking garages. (20) Parks and playgrounds. (21) Production, processing, building, cleaning, fueling, testing, repair, storage and servicing of boats. (22) Maritime service stations for the retail sale of fuel, lubricants and accessories, and minor services incidental thereto. (23) Yachting and sailing clubs, marinas and other maritime-related recreational facilities. (24) In the RCDT District only, up to four residential apartments containing a maximum of two bedrooms per apartment located on the second or third floor based upon the following density calculation: Type of Apartment Density Calculation Apartments subject to Nantucket Housing Needs Covenant One per 1,250 square feet of land of the subject lot. A maximum of four NHNC apartments are allowed on any lot. An apartment not subject to a Nantucket Housing Needs Covenant One per 2,500 square feet of land of the subject lot. A maximum of two apartments are allowed on any lot. (c) Such apartment, if built, shall be the only dwelling unit(s) on the lot. (d) Density calculations shall be cumulative so that a 2,500 square foot area lot would allow up to two NHNC units or one non-NHNC unit. A 3,750 square foot area lot would allow one NHNC apartments and one non-NHCN apartment. A 5,000 square foot area lot would allow four NHNC or two non- NHCN apartments or a combination thereof. B. Exceptions. The Board of Appeals may grant a special permit to allow the following uses: (1) Taverns and bars (which may also be permitted as accessory to a conforming restaurant use). (2) The following commercial or municipal uses, provided that the Board of Appeals shall specifically find, in addition to the other requirements of this chapter as to the granting of a special permit, that the use will not inherently be in violation of § 139-7E(4): (s) Light manufacturing. (t) Storage and warehousing, including properly screened open storage of goods and materials. (u) Fabrication and assembly of component parts for off-site construction or use. (v) Petrochemical storage and transfer facilities in properly constructed packaging containers. (w) Public utility production and distribution facilities. (x) Printing and publishing. (y) Garages for storage, repair, washing, painting or other servicing of motor vehicles. (z) Public transportation facilities. (aa) Food processing, manufacturing and packaging. (bb) Maritime research facilities. (cc) Asphalt manufacturing facilities. (dd) Rental or sale of bicycles, motorcycles, motor scooters, mopeds, automobiles, trucks and other such motorized land transports or means of conveyance. Page 36 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (ee) Taxi business in which more than three licensed vehicles are used. (ff) Licensed junkyards. (gg) Take-out food establishment (which also may be allowed under § 139-15 as accessory to a permitted food establishment use). (hh) Laundering and "dry" or other chemical-type cleaning services, both public and non-public (but not including private on-site residential allowed as accessory uses). (ii) A trailer or building-like container as a principal or accessory building or structure for storage required by the Nantucket Fire Department of equipment and/or chemicals. (jj) Adult uses in the RC-2 District only, subject to conditions set forth in § 139-23. 2. To delete section 10 in its entirety as follows: (See also §§ 139-7 and 139-8.) A. Permitted uses: (4) Rooming, lodging and guest houses. (5) Nonprofit clubs. (6) Recreational facilities. B. Exceptions. The Board of Appeals may grant a special permit to allow the following uses: (6) Nonprofit cultural and artistic facilities. (7) Retail sales and personal services, except for formula business within the FBED. [Amended 4-4-2006 ATM by Art. 42, AG approval 10-26-2006] (8) Business, professional, financial and public offices. (9) Restaurants, hotels, motels and inns, except for formula business within the FBED. [Amended 4-4-2006 ATM by Art. 42, AG approval 10-26-2006] (10) Marinas and other maritime-related recreation and commercial facilities, including maritime service stations for the retail sale of fuel, lubricants and accessories, and minor services incidental thereto. C. Elder housing facilities. The Planning Board may grant a special permit for an elder housing facility, subject to its making the finding set forth in Subsection C(1) below, and subject to the following provisions: [Added 4-15- 2003 ATM by Art. 35, AG approval 8-27-2003] (10) The grant of a special permit for an elder housing facility hereunder shall be based upon a finding by the Planning Board that the proposed use, as conditioned by the decision granting the special permit, will be of benefit to the Town and its residents, and will not be substantially more detrimental to the neighborhood than existing uses upon the property where the facility is proposed, or other uses which are permitted thereon as a matter of right. (11) The Planning Board may impose such conditions as it deems appropriate upon the granting of a special permit hereunder. (12) The off-street parking requirements under § 139-18 shall not be applicable to an elder housing facility hereunder. The Planning Board shall, as a part of the decision granting a special permit, establish the number of parking spaces required for a facility approved hereunder. One off-street loading space under § 139-20 shall be provided in each facility permitted hereunder. (13) An elder housing facility permitted hereunder shall be subject to major site plan review under § 139-23. (14) An elder housing facility may consist of multiple apartments in one or more buildings and separate cottages. The total number of units used in the elder housing facility shall not exceed one for each 2,500 square feet of lot area in the tract of land upon which the facility is situated. Page 37 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (15) Included in the total number of dwelling units in the elder housing facility, there may be constructed upon the tract of land upon which the facility is situated employee housing for staff employed by the elder housing facility, containing no more than three dwelling units. (16) All residents of the elder housing facility shall be either 62 years of age or older or shall be the spouse or physically or mentally disabled immediate family member of a resident who is 62 years of age or older. (17) In determining whether a proposed elder housing facility will be of benefit to the Town and its residents, the Planning Board shall consider the provision of affordable housing units for some residents of the facility as being of such benefit. (18) An elder housing facility permitted hereunder shall be exempt from the phased development provisions of § 139-24. 3. To insert in section 9 the following use table: Commercial Uses By Zoning District Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Retail Sales Y Y Y A A Y Y Y Restaurants Small (up to 70 seats) Y Y SP N N Y Y SP Large (70 to 200 seats) SP SP N N N Y Y SP Take-Out Food Establishment Y Y SP/A N N SP SP N Tavern/Bar Y Y SP N N SP SP N Formula Businesses Retail N Y Y N N Y/N in FBED Y SP/N in FBED Restaurant Small (up to 70 seats) N SP SP N N Y/N in FBED SP SP/N in FBED Large (70 to 200 seats) N SP N N N Y/N in FBED SP SP/N in FBED Take-Out Food Establishment N SP SP N N Y/N in FBED SP N Tavern/Bar N SP SP N N Y/N in FBED SP N Theatres, Auditoriums, or Other Places of Public Assembly Y SP SP N N Y Y N Offices Y Y Y A A Y Y SP Personal Services Y Y Y A N Y Y SP Laundromat or Dry-cleaning Establishment SP SP SP SP N SP SP N Bank Y Y Y N N Y Y SP Art Gallery Y Y Y N N SP SP SP Transient Residential Facilities Hotel or Inn SP SP N N N Y N SP Page 38 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Commercial Uses By Zoning District Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Motel N N Y N N Y N SP Rooming, Lodging, or Guest House Y Y Y N N Y N Y Time-Sharing/Interval Dwelling Unit(s) Y Y Y N N Y N Y Elder Housing Facilities N Y SP N N N N SP Light Manufacturing N N A SP/A Y SP SP N Food Processing N N SP SP Y SP SP N Interior or Exterior Storage or Warehousing N N A SP/A Y SP SP N Asphalt/Batching Plant N N N N Y SP SP N Licensed Junkyards N N N N SP SP SP N Transfer Station N N N N SP N N N Petroleum Product Storage or Distribution Facility (i.e. Tank Farm) N N N N Y SP SP N Utility Production/ Distribution SP SP SP SP Y SP SP N Print Shop Y Y Y Y N SP SP N Motor Vehicle Sales N SP SP N SP SP SP N Motor Vehicle Rental Y N SP N N SP SP N Motor Vehicle Repair or Painting N SP SP SP Y SP SP N Motor Vehicle Parking Lots or Structures Y Y Y SP N Y Y N Car Wash N SP N N SP SP SP N Taxi Cab Business N Y Y Y N SP SP N Bicycle Rental or Sale N N N SP N SP SP N Boat Related Storage N N SP Y Y Y Y N Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Maritime Service Station Y Y Y Y Y Y Y SP Yacht/Sailing Clubs and Marinas Y N N N N Y Y SP Adult Uses N N N N SP N SP N Arcade N SP/A SP/A N N A A A Automated Teller Machine Y/A Y/A Y/A N N Y Y SP Page 39 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Commercial Uses By Zoning District Uses Districts CDT CMI CN CTEC CI RC RC-2 LC Bakery Y Y Y Y N SP/A SP/A A Catering N Y Y Y N SP/A SP/A A Club Y Y Y N N Y Y Y Contractor Shop N N SP Y Y SP SP N Convenience Store Y Y Y N N Y Y SP Crematorium N N N N Y A A A Drive-Through Take-Out Food N N SP N N SP SP N Funeral Home Y Y Y N N Y Y A Health Spa Y Y Y N N Y Y Y Landscape Contractor N N SP Y Y SP SP N Alcohol Sales Y Y SP/A N N Y Y SP Medical Clinic N SP SP N N Y Y SP Mining N N N N Y SP SP N Motor Vehicle Service Station N SP SP SP N SP SP N Museum Y N SP N N Y Y N Open Air Market Y Y Y N N Y Y N Pharmacy Y Y Y N N Y Y SP Supermarket Y Y SP N N Y Y SP Truck/Bus Terminal N N N SP Y SP SP N N = No Y = Yes SP = Special Permit issued by the Zoning Board of Appeals A = Accessory Use as defined in 139-15 FBED = Formula Business Exclusion District 4. To amend section 2 by inserting the following definitions to be inserted alphabetically: ALCOHOLIC BEVERAGE SALES – A facility for the retail sale of beer, wine, or other alcoholic beverages for off-premise consumption. ARCADE – A place or facility where any electric or electronic machine, such as pinball or other similar electronic games, are played for amusement only. Shall not be construed so as to include bingo games, juke boxes, children’s mechanical rides (e.g., horses, rocket ships), or machines that sell merchandise nor shall it be construed so as to include gambling devices or any other devices prohibited by law. Page 40 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions AUTOMOBILE SERVICE STATION – Any building, structure or land used primarily for the dispersal, sale, or offering for sale of automotive fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement or rebuilding, body and fender repair, or painting. CATERING SERVICE – An establishment in which food, meals, and incidental services are prepared and then delivered to another location for consumption. CLINIC, MEDICAL OR DENTAL – Offices organized as a unified facility by one or more physicians, dentists, chiropractors or other licensed practitioners to provide medical or dental treatment and examination, but not including bed-patient care. CLUB – Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business. CONTRACTORS SHOP – An establishment used for the indoor repair, maintenance, or storage of a contractor’s vehicles, equipment, or materials, and may include the contractor’s business office but which does not use any exterior storage area. CONVENIENCE STORE - A retail store offering for sale groceries and household items intended for the convenience of the neighborhood with a floor area of less than 2,500 square feet; does not include automotive service stations or vehicle repair shops. FOOD PROCESSING ESTABLISHMENT – Manufacturing establishments that produce or process foods for human consumption. Includes: (1) bakery products, sugar and confectionery products (except facilities that produce goods only for on-site sales with no wider distribution); (2) dairy products processing; (3) fats and oil products (including rendering plants); (4) fruit and vegetable canning, preserving, and related processing; (5) grain mill products and by-products; (6) meat, poultry, and seafood canning, curing, and byproduct processing; and (7) distilleries. HEALTH SPA – A place or building where massage, beauty treatment, cosmetic procedures, and related activities take place. LANDSCAPE CONTRACTOR – A business engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground. LIGHT MANUFACTURING – An establishment engaged in the indoor manufacturing, processing, or fabrication of materials or products. Page 41 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions OPEN AIR MARKET – An occasional or periodic market held in an open area or in a structure where groups of individual sellers licensed by the Board of Selectmen offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on- site PERSONAL SERVICES ESTABLISHMENT – Establishments providing frequent or recurrent needed specialized non-medically related services, including beauty and barber shops; clothing rental, garment repair, shoe repair shops, tanning salons, photographic studios, psychic readers, tattoo or body piercing studio. These uses may also include accessory retail sales of products related to the services provided. PHARMACY – An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, home and personal care products, and related supplies. PRINT SHOP – A retail establishment that provides duplicating services using photocopying, blueprint, and offset printing equipment and may include the collating and binding of booklets and reports. TAXICAB BUSINESS – A service that offers transportation utilizing three (3) or more motor vehicles to persons, including those who are handicapped, in return for remuneration. SUPERMARKET – Store where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores or pharmacies. TRUCK/BUS TERMINAL – A facility for the receipt, transfer, short-term storage, or dispatching of goods transported by truck or the storage, service, or maintenance of buses not in active transport of passengers. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. Post Office. 5. To amend section 7, subsection F(8)(d)(1) by deleting the following and renumbering subsection F(8)(d)(2) accordingly: As part of the MRD special permit application, an applicant may request designation of a lot within the MRD subdivision for a nonresidential use. Said nonresidential use shall be limited to 2,000 gross square feet of small-scale, neighborhood-oriented retail or office use as allowed in § 139-10B(1), (2) or (3). As part of the MRD submission, an applicant must provide information which supports the need or necessity of the proposed nonresidential use. Proposed nonresidential uses shall be appropriately scaled for a village setting, and shall be designed to complement the overall function and architecture of the immediate area as determined by the Planning Board. Page 42 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 6. To amend section 8 as follows: § 139-8. Residential Districts R-1, R-10, SR-2 and ROH and Residential Commercial Districts RC, RC-2, RCDT, CN, CTEC and LC. [Amended 4-9-2001 ATM by Art. 25, AG approval 8-24- 2001] (See also §§ 139-7, 139-9 and 139-11.) A. Permitted uses: [Amended 4-10-2002 ATM by Art. 45, AG approval 7-31-2002; 4-15-2003 ATM by Art. 26, AG approval 8-27-2003] (1) In the R-1, R-10, RC, RC-2, RCDT, CN, CTEC and LC (but not SR-2 or ROH) Districts, one duplex dwelling containing two dwelling units; provided that: [Amended 10-19-2004 STM by Art. 11, AG approval 2-22-2005] (d) Any lot on which the two dwelling units are located shall not contain any additional dwellings or dwelling units; and (e) One of the two dwelling units shall be a secondary dwelling unit. (f) In the R-1 and LC Districts, the two dwelling units shall be in the same ownership. Editor's Note: Former Subsection A(1)(d), regarding duplexes in the R-10 District, which immediately followed this subsection, was repealed 4-4-2006 ATM by Art. 46, AG approval 8-2-2006. (2) Any municipal use, including, but not limited to, offices, schools, parks, libraries and recreational uses. ARTICLE 29 (Zoning Bylaw Amendment – Intensity Regulations Reorganization and New Districts) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by taking the following actions (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 final text): 1. To amend section 16A, “Intensity regulations”, as follows Yard Setback District Minimum Front Side/Rear Frontage Ground Defined in § 139-3 Lot Size (sq. feet) (feet) (feet)** (feet)* Cover Ratio ROH 5,000 None 5 50 50% R-1 5,000 10 51 50 30% Town Overlay Residential Districts R-5 5,000 10 Side:10 minimum on one side; 5 thereafter 50 40% Page 43 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Rear: 5 R-10 10,000 20 10 75 25% R-20 20,000 30 10 75 12.50% R-40 40,000 30 10 75 10.0% SOH 5,000 None 5 50 50% SR-1 5,000 10 51 50 30% SR-10 10,000 15 5 75 25% SR-20 20,000 30 10 75 12.50% V-R 20,000 30 15 100 10.0% LUG-1 40,000 35 10 100 7% LUG-2 80,000 35 15 150 4% LUG-3 120,000 35 20 200 3% Country Overlay Residential Districts MMD 10 acres 50 50 300 0.50% Side: none RCDT 3,750 None Rear: 5 35 75% RC 5,000 None 5 40 50% RC-2 5,000 20 51 40 50% LC 5,000 None 5 40 50% CMI 5,000 None 0 50 50% CN 7,500 10 Side: 5 Rear: 10 50 40% CTEC 10,000 10 Side: 5 Rear: 10 50 40% Town Commercial Districts CI 15,000 20 10 75 50% VN 10,000 10 10 50 30% Country Commercial Districts VTEC 40,000 30 20 100 7% NOTES: See § 139-33E for nonconforming lots 1 For lots abutting two or more streets or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line except in the R-1 and RC-2 Districts where a minimum 10 foot side yard setback shall be maintained from any other street or way, whether constructed or not. 2. To amend section 16C, “Exceptions for yards”, as follows (NOTE: new l 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 final text): Page 44 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (1) The Board of Appeals may grant a special permit to reduce the ten-foot side yard setback in R-5 and the ten-foot side and rear yard setback distance in Districts R-10 and, SR-10, R-20 and SR-20 from 10 feet to five feet. 3. To amend section 3 as follows: Limited use. Country Overlay District Residential District Abbreviation Sconset Old Historic SOH Sconset Residential-1 SR-1 Sconset Residential-10 SR-10 Sconset Residential-2 SR-2 Village Residential VR Limited Use General 1 LUG-1 Limited Use General 2 LUG-2 A.B. Limited Use General 3 LUG-3 Town Overlay District Residential. [Amended 4-12- 2004 ATM by Art. 25, AG approval 9-3-2004] District Abbreviation Residential Old Historic ROH Residential-1 R-1 Residential-5 R-5 Residential-10 R-10 Residential-20 R-20 Sconset Old Historic SOH Sconset Residential-1 SR-1 Sconset Residential-10 SR-10 B.A. Sconset Residential-2 SR-2 Town Overlay District Commercial. [Amended 4-15- 2003 ATM by Art. 31, AG approval 8-27-2003] District Abbreviation Residential Commercial RC Residential Commercial 2 RC-2 Residential Commercial Downtown RCDT C. Limited Commercial LC Commercial-Mid-Island CMI Commercial- Neighborhood CN Page 45 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Commercial Trade, Entrepreneurship and Craft CTEC Commercial Industrial CI Country Overlay District Commercial. District Abbreviation Village Neighborhood VN D. Village Trade, Entrepreneurship and Craft VTEC And to re-letter existing D to E and E to F. 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 be amended 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 final text): 1. Amend section 139-16A “Intensity regulations” as follows: Yard Setback District Minimum Front Side/Rear Frontage Ground Defined in § 139-3 Lot Size (sq. feet) (feet) (feet)** (feet)* Cover Ratio ROH 5,000 None 5 50 50% R-1 5,000 10 51 50 30% R-5 5,000 10 Side:10 minimum on one side; 5 thereafter Rear: 5 50 40% R-10 10,000 20 10 75 25% R-20 20,000 30 10 75 12.50% Town Overlay Residential Districts R-40 40,000 30 10 75 10.0% SOH 5,000 None 5 50 50% SR-1 5,000 10 51 50 30% SR-10 10,000 15 5 75 25% Country Overlay Residential Districts SR-20 20,000 30 10 75 12.50% Page 46 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions V-R 20,000 30 15 100 10.0% LUG-1 40,000 35 10 100 7% LUG-2 80,000 35 15 150 4% LUG-3 120,000 35 20 200 3% MMD 10 acres 50 50 300 0.50% Side: none RCDT 3,750 None Rear: 5 35 75% RC 5,000 None 5 40 50% RC-2 5,000 10 51 40 50% LC 5,000 None 5 40 50% CMI 5,000 None 0 50 50% CN 7,500 10 Side: 5 Rear: 10 50 40% CTEC 10,000 10 Side: 5 Rear: 10 50 40% Town Commercial Districts CI 15,000 20 10 75 50% VN 10,000 10 10 50 30% Country Commercial Districts VTEC 40,000 30 20 100 7% NOTES: See § 139-33E for nonconforming lots 1 For lots abutting two or more streets or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line except in the R-1 and RC-2 Districts where a minimum 10 foot side yard setback shall be maintained from any other street or way, whether constructed or not. 2. Amend section 139-16C “Exceptions for yards” as follows (NOTE: new l 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 final text): (1) The Board of Appeals may grant a special permit to reduce the ten-foot side yard setback in R-5 and the ten-foot side and rear yard setback distance in Districts R-10 and, SR-10, R-20 and SR-20 from 10 feet to five feet. 3. Amend section 139-3 as follows: Limited use. Country Overlay District Residential District Abbreviation A.B. Sconset Old Historic SOH Page 47 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Sconset Residential-1 SR-1 Sconset Residential- 10 SR-10 Sconset Residential-2 SR-2 Village Residential VR Limited Use General 1 LUG-1 Limited Use General 2 LUG-2 Limited Use General 3 LUG-3 Town Overlay District Residential. [Amended 4-12- 2004 ATM by Art. 25, AG approval 9-3-2004] District Abbreviation Residential Old Historic ROH Residential-1 R-1 Residential-5 R-5 Residential-10 R-10 Residential-20 R-20 Sconset Old Historic SOH Sconset Residential-1 SR-1 Sconset Residential- 10 SR-10 B.A. Sconset Residential-2 SR-2 Town Overlay District Commercial. [Amended 4- 15-2003 ATM by Art. 31, AG approval 8-27-2003] District Abbreviation Residential Commercial RC Residential Commercial 2 RC-2 Residential Commercial Downtown RCDT C. Limited Commercial LC Commercial-Mid- Island CMI Commercial- Neighborhood CN Commercial Trade, Entrepreneurship and Craft CTEC Commercial Industrial CI Country Overlay District Commercial. D. Page 48 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions District Abbreviation Village Neighborhood VN Village Trade, Entrepreneurship and Craft VTEC And, to re-letter the existing subsections D to E and E to F. ARTICLE 30 (Zoning Map Change: Commercial Industrial) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties, currently located in the Residential Commercial-2 (RC-2) district to the Commercial Industrial (CI) district: Map Lot Number Street 69 Portion of 3.1 10 Sun Island Road 69 Portion of 3.3 0 Sun Island Road 69 105 14 Sun Island Road 69 29.8 15 Sun Island Road 69 29.7 13 Sun Island Road 69 29.6 11 Sun Island Road 69 29.5 7 Sun Island Road 69 3.5 0 Sun Island Road 69 29.2 9 Sun Island Road 69 29.1 5 Sun Island Road 69 10 3 Arrowhead Drive 69 10.2 19 Arrowhead Drive 69 10.3 13 Arrowhead Drive 69 10.4 0 Arrowhead Drive 69 108 109 Hinsdale Road 69 51 30 Arrowhead Drive 69 52 14-18 Arrowhead Drive 69 55 12 Arrowhead Drive 69 56 10 Arrowhead Drive 69 57 8 Arrowhead Drive 69 58 6 Arrowhead Drive Page 49 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 69 64 144-148 Old South Road 69 66 150-152 Old South Road 68 310 10 Airport Road 78 1 14 Airport Road 78 Portion of 2 Macys Lane 78 Portion of 3 Airport Property 78 1.1 143 Old South Road 78 1.2 36R Bunker Road 78 2.1 30 Bunker Road 78 2.2 44 Bunker Road 78 2.3 36 Bunker Road 78 2.4 35 Bunker Road 78 2.5 Old South Road 78 2.6 Old South Road 78 2.7 32 Bunker Road 78 2.8 40 Bunker Road 78 2.9 42 Bunker Road 2. Placing the following property, currently located in the Limited Use General-3 (LUG-3) district to the Commercial Industrial (CI) district: Map Lot Number Street 69 6 Bunker Road 70 3 Hinsdale Road 78 Portion of 2 Macys Lane 78 Portion of 3 Airport Property 78 Portion of 4 South Pasture 78 Portion of 5 Madequecham Valley Road 79 Portion of 12 Airport Property 78 Portion of 16 Airport Property 78 Portion of 17 Airport Property 3. Placing the following parcels currently located in the RC-2 district to LUG-3 Map Parcel Number Street 69 Portion of 1 81 Milestone Road 69 Portion of 3.1 10 Sun Island Road Page 50 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 69 9 0 Hinsdale Road 69 10.1 154 Old South Road 79 Portion of 12 Airport Property 4. Amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following the following properties currently located in the Town Overlay District in the Country Overlay District: Map Lot Number Street 69 Portion of 3.1 Airport Property 69 9 Airport Property 69 10.1 Airport Property 69 3.2 Airport Property 69 30 Airport Property 69 31 Airport Property 69 8 Airport Property 69 7 Airport Property 78 Portion of 16 Airport Property 78 Portion of 17 Airport Property 79 Portion of 12 Airport Property 5. Amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following the following properties currently located in the Country Overlay District in the Town Overlay District: Map Lot Number Street 69 6 Bunker Road 70 3 Hinsdale Road 78 Portion of 4 South Pasture 78 Portion of 5 Madequecham Valley Road Or, to take any other action related thereto. All as shown on a map entitled “Warrant Article 30, 41-81 Master Plan Development: Commercial Industrial Rezoning – Vicinity of Airport” dated January 2008 and filed herewith at the Office of the Town Clerk. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map and the map entitled “Town and Country Designations” of the Town of Nantucket be hereby amended as follows: Page 51 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 1. Placing the following properties, currently located in the Residential Commercial-2 (RC-2) district to the Commercial Industrial (CI) district: Map Lot Number Street 69 Portion of 3.1 10 Sun Island Road 69 Portion of 3.3 0 Sun Island Road 69 105 14 Sun Island Road 69 106 6 Sun Island Road 69 29.8 15 Sun Island Road 69 29.7 13 Sun Island Road 69 29.6 11 Sun Island Road 69 29.5 7 Sun Island Road 69 3.5 0 Sun Island Road 69 29.2 9 Sun Island Road 69 29.1 5 Sun Island Road 69 10 3 Arrowhead Drive 69 10.2 19 Arrowhead Drive 69 10.3 13 Arrowhead Drive 69 10.4 0 Arrowhead Drive 69 108 109 Hinsdale Road 69 51 30 Arrowhead Drive 69 52 14-18 Arrowhead Drive 69 55 12 Arrowhead Drive 69 56 10 Arrowhead Drive 69 57 8 Arrowhead Drive 69 58 6 Arrowhead Drive 69 64 144-148 Old South Road 69 66 150-152 Old South Road 68 310 10 Airport Road 78 1 14 Airport Road 78 Portion of 2 Macys Lane 78 Portion of 3 Airport Property 78 1.1 143 Old South Road 78 1.2 36R Bunker Road 78 2.1 30 Bunker Road Page 52 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 78 2.2 44 Bunker Road 78 2.3 36 Bunker Road 78 2.4 35 Bunker Road 78 2.5 Old South Road 78 2.6 Old South Road 78 2.7 32 Bunker Road 78 2.8 40 Bunker Road 78 2.9 42 Bunker Road 2. Placing the following property, currently located in the Limited Use General-3 (LUG-3) district to the Commercial Industrial (CI) district: Map Lot Number Street 69 6 Bunker Road 70 3 Hinsdale Road 78 Portion of 2 Macys Lane 78 Portion of 3 Airport Property 78 Portion of 4 South Pasture 78 Portion of 5 Madequecham Valley Road 79 Portion of 12 Airport Property 78 Portion of 16 Airport Property 78 Portion of 17 Airport Property 3. Placing the following parcels currently located in the RC-2 district to LUG-3 Map Parcel Number Street 69 Portion of 1 81 Milestone Road 69 Portion of 3.1 10 Sun Island Road 69 9 0 Hinsdale Road 69 10.1 154 Old South Road 79 Portion of 12 Airport Property 4. Amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following the following properties currently located in the Town Overlay District in the Country Overlay District: Map Lot Number Street 69 Portion of 3.1 Airport Property 69 9 Airport Property Page 53 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 69 10.1 Airport Property 69 3.2 Airport Property 69 30 Airport Property 69 31 Airport Property 69 8 Airport Property 69 7 Airport Property 78 Portion of 16 Airport Property 78 Portion of 17 Airport Property 79 Portion of 12 Airport Property 5. Amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following the following properties currently located in the Country Overlay District in the Town Overlay District: Map Lot Number Street 69 6 Bunker Road 70 3 Hinsdale Road 78 Portion of 4 South Pasture 78 Portion of 5 Madequecham Valley Road All as shown on a map entitled: “Warrant Article 30, 41-81D Master Plan Development: Commercial Industrial Rezoning – Vicinity of Airport” dated January 2008, revised February 2008 and “Warrant Article 30, 41-81D Master Plan Development: Amendment of Town and Country Designations of the Town of Nantucket – Vicinity of Airport” dated January 2008 and revised February 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 31 (Zoning Map Change: Technical Correction - Airport) 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 Limited Use General-3 (LUG-3) district in the Residential Commercial-2 (RC-2) district: Map Lot Number Street 78 Portion of 2 Macys Lane 78 Portion of 2.7 32 Bunker Road 78 Portion of 3 Airport Property 78 Portion of 16 Airport Property Or to take all such other actions as may be related thereto. Page 54 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “Warrant Article 31, Technical Correction” dated January 2008 and filed herewith at the Office of the Town Clerk. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be hereby amended by placing the following properties currently located in the Limited Use General-3 (LUG-3) district in the Residential Commercial-2 (RC-2) district: Map Lot Number Street 78 Portion of 2 Macys Lane 78 Portion of 2.7 32 Bunker Road 78 Portion of 3 Airport Property 78 Portion of 16 Airport Property All as shown on a map entitled “Warrant Article 31, Technical Correction” dated January 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 32 (Zoning Map Change: Hatch Circle and Raceway 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 66 277 1 Hatch Circle 66 276 3 Hatch Circle 66 275 5 Hatch Circle 66 274 4 Hatch Circle 66 273 8 Raceway Drive 66 272 6 Raceway Drive All as shown on a map entitled “Warrant Article 32, 41-81 Master Plan Development: RC-2 to R-10 – Hatch Circle and Raceway Drive” dated January 2008 and filed herewith 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 Residential Commercial-2 (RC-2) district in the Residential 10 (R-10) district: Page 55 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Parcel Number Street 66 277 1 Hatch Circle 66 276 3 Hatch Circle 66 275 5 Hatch Circle 66 274 4 Hatch Circle 66 273 8 Raceway Drive 66 272 6 Raceway Drive All as shown on a map entitled “Warrant Article 32, 41-81D Master Plan Development: RC-2 to R-10 – Hatch Circle and Raceway Drive” dated January 2008 and revised February 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 33 (Zoning Map Change: Raceway 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 66 278 9 Raceway Drive 66 279 7 Raceway Drive 66 280 5 Raceway Drive All as shown on a map entitled “Warrant Article 33, 41-81 Master Plan Development: RC-2 to R-10 – Raceway Drive” dated January 2008 and filed herewith 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 Residential Commercial-2 (RC-2) district in the Residential 10 (R-10) district: Map Parcel Number Street 66 278 9 Raceway Drive 66 279 7 Raceway Drive 66 280 5 Raceway Drive Page 56 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “Warrant Article 33, 41-81D Master Plan Development: RC-2 to R-10 – Raceway Drive” dated January 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 34 (Zoning Map Change: Clara 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 Lot Number Street 66 283 6 Clara Drive 66 284 8 Clara Drive 66 285 10 Clara Drive 66 286 12 Clara Drive 66 287 14 Clara Drive 66 288 15 Clara Drive 66 289 13 Clara Drive 66 290 11 Clara Drive 66 291 9 Clara Drive All as shown on a map entitled “Warrant Article 34, 41-81 Master Plan Development: RC-2 to R-10 – Clara Drive” dated January 2008 and filed herewith 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 Residential Commercial-2 (RC-2) district in the Residential 10 (R-10) district: Map Lot Number Street 66 283 6 Clara Drive 66 284 8 Clara Drive 66 285 10 Clara Drive 66 286 12 Clara Drive 66 287 14 Clara Drive 66 288 15 Clara Drive 66 289 13 Clara Drive 66 290 11 Clara Drive 66 291 9 Clara Drive All as shown on a map entitled “Warrant Article 34, 41-81D Master Plan Development: RC-2 to R-10 – Clara Drive” dated January 2008 and filed herewith at the Office of the Town Clerk. Page 57 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 35 (Zoning Map Change: Somerset Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties, currently located in the Residential Commercial-2 (RC-2) district in the Residential 10 (R-10) district: Map Parcel Number Street 66 147 97 Somerset Road 66 146 99 Somerset Road 66 145 101 Somerset Road 66 144 103 Somerset Road 66 143 1 Golfview Drive 66 142 2 Golfview Drive 66 141 109 Somerset Road 66 140 111 Somerset Road 66 139 113 Somerset Road 66 138 115 Somerset Road 66 137 117 Somerset Road All as shown on a map entitled “Warrant Article 35, 41-81 Master Plan Development: RC-2 to R-10 – Somerset Road” dated January 2008 and filed herewith 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 Residential Commercial-2 (RC-2) district in the Residential 10 (R-10) district: Map Parcel Number Street 66 147 97 Somerset Road 66 146 99 Somerset Road 66 145 101 Somerset Road 66 144 103 Somerset Road 66 143 1 Golfview Drive 66 142 2 Golfview Drive 66 141 109 Somerset Road 66 140 111 Somerset Road 66 139 113 Somerset Road 66 138 115 Somerset Road 66 137 117 Somerset Road All as shown on a map entitled “Warrant Article 35, 41-81D Master Plan Development: RC-2 to R-10 – Somerset Road” dated January 2008 and filed herewith at the Office of the Town Clerk. Page 58 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 36 (Zoning Map Change: Madaket Area Open Space) 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-2 (R-2) district to the Limited Use General-3 (LUG-3) district concerning property in the vicinity of Smith’s Point/Esther’s Island in Madaket: Map Lot Number Street 36.2.2 21 Texas Street 36.2.3 1 through 30 New York Avenue 36.2.3 47 through 69 New York Avenue 36.2.3 71 through 96 New York Avenue 36.3.2 1 Shore Reservation 36.3.2 4 through 28 New York Avenue 36.3.2 29 through 61 Esther Island 59.3 47 Starbuck Road 60 1 Esther Island Road 60 3 New Jersey Avenue 60 19 3 Baltimore Street 60 27 30 Starbuck Road 60 35 39 Starbuck Road 60 41 North Carolina Avenue 60 44 10 Chicago Street 60 46 through 48 351 Madaket Road 60 49 through 53 &126 361 Madaket Road 60 54 through 62 Alabama Avenue 60 63 Hither Creek Bed 60 64 through 74 California Avenue 60 122 8 Chicago Street 60 123 7 Chicago Street 60 126 Madaket Road 60 127 through 129 Midland Avenue 60 145 4 Baltimore Street 60.3.1 23 Rhode Island Avenue 60.3.1 34 through 41 55-57 New Hampshire Avenue 60.3.1 42 through 50 52,54,56,58,60 New Hampshire Avenue 60.3.1 52 through 58 Vermont Avenue 60.3.1 198 through 203 New Hampshire Avenue 60.3.1 226 through 285 Vermont/Maine Avenue Page 59 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 60.3.1 286 31 Maine Avenue 60.3.1 287 through 290 30 Maine Avenue 60.3.1 291 through 297 28 Maine Avenue 60.3.1 298 through 303 20-24 Maine Avenue 60.3.1 304 through 310 California Avenue 60.3.1 427 18 Maine Avenue 60.3.1 429 16 Maine Avenue 60.3.1 465 California Avenue 60.3.1 467 California Avenue 60.3.4 1 through 10 New Hampshire Avenue 60.3.4 12 through 48 Rhode Island Avenue 60.3.4 52 through 58 Massachusetts Avenue 60.3.4 65 & 66 Esther Island 60.3.4 71 Esther Island 60.3.4 75 Esther Island 60.3.4 78 Esther Island 60.3.4 80 through 82 71 Massachusetts Avenue 60.3.4 83 & 85 Madaket 60.3.4 89 through 92 59 Massachusetts Avenue 60.3.4 93 through 96 57 Massachusetts Avenue 61 2 Esther Island Road 61.1.1 11 through 32 Maryland Street 61.1.1 67 through 92 Esther Island 61.1.1 93 through 144 Nevada Street 61.1.1 145 through 184 Missouri Avenue 61.1.1 185 through 214 Wisconsin Avenue 61.1.1 215 through 220 Illinois Avenue 61.1.1 221 through 225 Point Street 61.1.4 1 through 11 Missouri Avenue 61.1.4 12 through 14 Nevada Street 61.1.4 15 through 38 Missouri Avenue 61.1.4 39 through 61 Wisconsin Avenue 61.1.4 62 through 69 Missouri Avenue 61.1.4 70 through 85 Wisconsin Avenue 61.1.4 86 through 98 Illinois Avenue 61.1.4 99 through 122 Wisconsin Avenue 61.1.4 123 through 146 Illinois Avenue Page 60 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 61.1.4 147 through 158 Wisconsin Avenue 61.1.4 159 through 191 Illinois Avenue 61.1.4 192 through 215 Virginia Avenue 61.1.4 216 through 246 Illinois Avenue 61.1.4 247 through 289 Virginia Avenue 61.4.1 1 through 26 Virginia Avenue 62 1 & 2 Chicago Street 62 3 & 4 Minnesota Avenue 62 7 Long Pond 62 8 Sheep Pond Road 62 9 Minnesota Avenue 62 10 Madaket All as shown on a map entitled “Warrant Article 36, 41-81 Master Plan Development: R-2 to LUG-3 – Madaket Area Open Space” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to any other actions 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-2 (R-2) district to the Limited Use General-3 (LUG-3) district: Map Lot Number Street 36.2.2 21 Texas Street 36.2.3 1 through 30 New York Avenue 36.2.3 47 through 69 New York Avenue 36.2.3 71 through 96 New York Avenue 36.3.2 1 Shore Reservation 36.3.2 4 through 28 New York Avenue 36.3.2 29 through 61 Esther Island 59.3 47 Starbuck Road 60 1 Esther Island Road 60 3 New Jersey Avenue 60 19 3 Baltimore Street 60 27 30 Starbuck Road 60 35 39 Starbuck Road Page 61 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 60 41 North Carolina Avenue 60 44 10 Chicago Street 60 46 through 48 351 Madaket Road 60 49 through 53 &126 361 Madaket Road 60 54 through 62 Alabama Avenue 60 63 Hither Creek Bed 60 64 through 74 California Avenue 60 122 8 Chicago Street 60 123 7 Chicago Street 60 126 Madaket Road 60 127 through 129 Midland Avenue 60 145 4 Baltimore Street 60.3.1 23 Rhode Island Avenue 60.3.1 34 through 41 55-57 New Hampshire Avenue 60.3.1 42 through 50 52,54,56,58,60 New Hampshire Avenue 60.3.1 52 through 58 Vermont Avenue 60.3.1 198 through 203 New Hampshire Avenue 60.3.1 226 through 285 Vermont/Maine Avenue 60.3.1 286 31 Maine Avenue 60.3.1 287 through 290 30 Maine Avenue 60.3.1 291 through 297 28 Maine Avenue 60.3.1 298 through 303 20-24 Maine Avenue 60.3.1 304 through 310 California Avenue 60.3.1 427 18 Maine Avenue 60.3.1 429 16 Maine Avenue 60.3.1 465 California Avenue 60.3.1 467 California Avenue 60.3.4 1 through 10 New Hampshire Avenue 60.3.4 12 through 48 Rhode Island Avenue 60.3.4 52 through 58 Massachusetts Avenue 60.3.4 65 & 66 Esther Island 60.3.4 71 Esther Island 60.3.4 75 Esther Island 60.3.4 78 Esther Island 60.3.4 80 through 82 71 Massachusetts Avenue 60.3.4 83 & 85 Madaket 60.3.4 89 through 92 59 Massachusetts Avenue Page 62 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 60.3.4 93 through 96 57 Massachusetts Avenue 61 2 Esther Island Road 61.1.1 11 through 32 Maryland Street 61.1.1 67 through 92 Esther Island 61.1.1 93 through 144 Nevada Street 61.1.1 145 through 184 Missouri Avenue 61.1.1 185 through 214 Wisconsin Avenue 61.1.1 215 through 220 Illinois Avenue 61.1.1 221 through 225 Point Street 61.1.4 1 through 11 Missouri Avenue 61.1.4 12 through 14 Nevada Street 61.1.4 15 through 38 Missouri Avenue 61.1.4 39 through 61 Wisconsin Avenue 61.1.4 62 through 69 Missouri Avenue 61.1.4 70 through 85 Wisconsin Avenue 61.1.4 86 through 98 Illinois Avenue 61.1.4 99 through 122 Wisconsin Avenue 61.1.4 123 through 146 Illinois Avenue 61.1.4 147 through 158 Wisconsin Avenue 61.1.4 159 through 191 Illinois Avenue 61.1.4 192 through 215 Virginia Avenue 61.1.4 216 through 246 Illinois Avenue 61.1.4 247 through 289 Virginia Avenue 61.4.1 1 through 26 Virginia Avenue 62 1 & 2 Chicago Street 62 3 & 4 Minnesota Avenue 62 7 Long Pond 62 8 Sheep Pond Road 62 9 Minnesota Avenue 62 10 Madaket All as shown on a map entitled “Warrant Article 36, 41-81D Master Plan Development: R-2 to LUG-3 – Madaket Area Open Space” dated January 2008 and filed herewith at the Office of the Town Clerk. Page 63 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 37 (Zoning Map Change: Mid-Island Greenbelt) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: (1) Placing the following properties, currently located in the Limited Use General-2 (LUG-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 67 172 80 Fairgrounds Road 67 79 3 Scott’s Way 67 78 5 Scott’s Way 67 77 7 Scott’s Way 67 75 20 Scott’s Way 79 1 Scott’s Way 79 30 Scott’s Way 80 7 Scott’s Way 80 8 Scott’s Way 80 217 Scott’s Way 68 70 Lover’s Lane 68 71 Lover’s Lane 68 72 Lover’s Lane 68 82 45 Old South Road (2) Placing the following property, currently located in the Residential Commercial -2 (RC-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 68 Portion of 18.1 50 Old South Road All as shown on a map entitled “Warrant Article 37, 41-81 Master Plan Development: Mid- Island Greenbelt” dated January 2008 and filed herewith 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 as follows: 1. Placing the following properties, currently located in the Limited Use General-2 (LUG-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 67 172 80 Fairgrounds Road Page 64 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 67 79 3 Scott’s Way 67 78 5 Scott’s Way 67 77 7 Scott’s Way 67 75 20 Scott’s Way 79 1 Scott’s Way 79 30 Scott’s Way 80 7 Scott’s Way 80 8 Scott’s Way 80 217 Scott’s Way 68 70 Lover’s Lane 68 71 Lover’s Lane 68 72 Lover’s Lane 68 82 45 Old South Road 2. Placing the following property, currently located in the Residential Commercial -2 (RC-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 68 Portion of 18.1 50 Old South Road All as shown on a map entitled “Warrant Article 37, 41-81D Master Plan Development: Mid- Island Greenbelt” dated January 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 38 (Zoning Map Change: Weweeder Pond Open Space) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties, currently located in the Limited Use General-2 (LUG-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 80 39 Weweeder Pond 80 105 Pochick Avenue 80 106 Weweeder Pond 80 107 Pochick Avenue 80 146 Pochick Avenue 80 147 Pochick Avenue 80 148 Pochick Avenue 87 Portion of 36 Western Avenue 87 Portion of 84 40 Western Avenue 87 4 51 Western Avenue 87 134 Weweeder Pond Page 65 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 219 “2” South Shore Road 2. Placing the following property, currently located in the Residential-2 (R-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 68 Portion of 84 40 Western Avenue All as shown on a map entitled “Warrant Article 38, 41-81 Master Plan Development: Weweeder Pond Open Space” dated January 2008 and filed herewith 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 as follows: 1. Placing the following properties, currently located in the Limited Use General-2 (LUG-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 80 39 Weweeder Pond 80 105 Pochick Avenue 80 106 Weweeder Pond 80 107 Pochick Avenue 80 146 Pochick Avenue 80 147 Pochick Avenue 80 148 Pochick Avenue 87 Portion of 36 Western Avenue 87 Portion of 84 40 Western Avenue 87 4 51 Western Avenue 87 134 Weweeder Pond 80 219 “2” South Shore Road 2. Placing the following property, currently located in the Residential-2 (R-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 68 Portion of 84 40 Western Avenue All as shown on a map entitled “Warrant Article 38, 41-81D Master Plan Development: Weweeder Pond Open Space” dated January 2008 and filed herewith at the Office of the Town Clerk. Page 66 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 39 (Zoning Map Change: Southwestern Town/Country Border-Miacomet) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties, currently located in the Residential Commercial-2 (RC-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 66 66.4 Mizzenmast Road 66 432 Mizzenmast Road 66 501 24 Mizzenmast Road 66 433 30 Mizzenmast Road 66 Portion of 67 70 Bartlett Road 66 63 81 Miacomet Avenue 66 66.1 Smooth Hummocks 66 66.2 Smooth Hummocks 66 66.3 Smooth Hummocks 66 69.1 123 Somerset Road 66 456 38 Bartlett Farm Road 81 148 Smooth Hummocks 81 149 Smooth Hummocks 81 64 West Miacomet Road 81 65 West Miacomet Road 81 70 West Miacomet Road 81 71 34 West Miacomet Road 82 89 Smooth Hummocks 2. Placing the following property, currently located in the Limited Use General-2 (LUG-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 81 1 West Miacomet Road 81 Portion of 2 3 West Miacomet Road All as shown on a map entitled “Warrant Article 39, 41-81 Master Plan Development: Southwestern Town/Country Border-Miacomet” dated January 2008 and filed herewith at the Office of the Town Clerk. Page 67 Town of Nantucket 2008 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 as follows: 1. Placing the following properties, currently located in the Residential Commercial-2 (RC-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 66 66.4 Mizzenmast Road 66 432 Mizzenmast Road 66 501 24 Mizzenmast Road 66 433 30 Mizzenmast Road 66 Portion of 67 70 Bartlett Road 66 63 81 Miacomet Avenue 66 66.1 Smooth Hummocks 66 66.2 Smooth Hummocks 66 66.3 Smooth Hummocks 66 69.1 123 Somerset Road 66 456 38 Bartlett Farm Road 81 148 Smooth Hummocks 81 149 Smooth Hummocks 81 64 West Miacomet Road 81 65 West Miacomet Road 81 70 West Miacomet Road 81 71 34 West Miacomet Road 82 89 Smooth Hummocks 2. Placing the following property, currently located in the Limited Use General-2 (LUG-2) district to the Limited Use General-3 (LUG-3): Map Lot Number Street 81 1 West Miacomet Road 81 Portion of 2 3 West Miacomet Road Page 68 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “Warrant Article 39, 41-81D Master Plan Development: Southwestern Town/Country Border-Miacomet” dated January 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 40 (Zoning Map Change: Surfside Road and Vesper Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket as follows: 1. By placing all or part of the following properties currently located in the Residential-1 (R- 1) district in the Commercial-N (C-N) district: Map Lot Number Street 55 3 57 Prospect Street 55 130 61 Prospect Street 55 132 3 Vesper Lane 55 632 R. Vesper Lane 2. By placing all or part of the following properties currently located in the Residential-10 (R-10) district in the Commercial Neighborhood (C-N) district: Map Lot Number Street 55 249 10 Vesper Lane 55 275 Vesper Lane 55 250 8 Vesper Lane 55 251 4 Vesper Lane 55 252 2 Vesper Lane 55 253 5 Surfside Road 55 254 7 Surfside Road 55 258 11 Surfside Road 55 Portion of 256 15 Surfside Road 55 259 17 Surfside Road 55 265 19 Surfside Road 55 245.5 4 Anna Drive All as shown on a map entitled “Warrant Article 40, 41-81 Master Plan Development: Vesper Lane and Surfside Road” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. Page 69 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended as follows: 1. Placing all or part of the following properties currently located in the Residential-1 (R-1) district in the Commercial-N (C-N) district: Map Lot Number Street 55 3 57 Prospect Street 55 130 61 Prospect Street 55 132 3 Vesper Lane 55 632 R. Vesper Lane 2. Placing all or part of the following properties currently located in the Residential-10 (R- 10) district in the Commercial Neighborhood (C-N) district: Map Lot Number Street 55 249 10 Vesper Lane 55 275 Vesper Lane 55 250 8 Vesper Lane 55 251 4 Vesper Lane 55 252 2 Vesper Lane 55 253 5 Surfside Road 55 254 7 Surfside Road 55 258 11 Surfside Road 55 Portion of 256 15 Surfside Road 55 259 17 Surfside Road 55 265 19 Surfside Road 55 245.5 4 Anna Drive All as shown on a map entitled “Warrant Article 40, 41-81D Master Plan Development: Vesper Lane and Surfside Road” dated January 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 41 (Zoning Map Change: Surfside Road and Miacomet Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing all or part of the following properties currently located in the Residential-10 (R-10) district in the Commercial Neighborhood (C-N) district. Page 70 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 67 Portion of 345 1 Miacomet Road 67 Portion of 679 7 Miacomet Road 67 Portion of 680 5 Miacomet Road 67 681 3 Miacomet Road 67 237 78 Surfside Road 67 238 13 Surfside Drive 67 194.1 14 Surfside Drive 67 194 80 Surfside Road All as shown on a map entitled “Warrant Article 41, 41-81 Master Plan Development: R-10 to CN – Miacomet Road, Surfside Road, and Surfside Drive” dated January 2008 and filed herewith 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 all or part of the following properties currently located in the Residential- 10 (R-10) district in the Commercial Neighborhood (C-N) district: Map Lot Number Street 67 Portion of 345 1 Miacomet Road 67 Portion of 679 7 Miacomet Road 67 Portion of 680 5 Miacomet Road 67 681 3 Miacomet Road 67 237 78 Surfside Road 67 238 13 Surfside Drive 67 194.1 14 Surfside Drive 67 194 80 Surfside Road All as shown on a map entitled “Warrant Article 41, 41-81D Master Plan Development: R-10 to CN – Miacomet Road, Surfside Road, and Surfside Drive” dated January 2008 and filed herewith at the Office of the Town Clerk. Page 71 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 42 (Zoning Map Change: Raceway Drive and Clara 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 Commercial Neighborhood (CN) district: Map Lot Number Street 66 300 1 Clara Drive 66 281 3 Raceway Drive 66 271 4 Raceway Drive All as shown on a map entitled “Warrant Article 42, 41-81 Master Plan Development: R-10 to CN – Raceway Drive and Clara Drive” dated January 2008 and filed herewith 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 Residential Commercial-2 (RC-2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 66 300 1 Clara Drive 66 281 3 Raceway Drive 66 271 4 Raceway Drive All as shown on a map entitled “Warrant Article 42, 41-81D Master Plan Development: R-10 to CN – Raceway Drive and Clara Drive” dated January 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 43 (Zoning Map Change: Clara Drive and Todd Circle) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties, currently located in the Residential Commercial-2 (RC-2) district in the Commercial Trade, Entrepreneurship and Craft (CTEC) district or Commercial Neighborhood (CN) district: Map Lot Number Street 66 282 4 Clara Drive Page 72 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 66 299 3 Clara Drive 66 298 1 Todd Circle 66 297 3 Todd Circle 66 296 5 Todd Circle 66 295 7 Todd Circle 66 294 6 Todd Circle 66 293 4 Todd Circle 66 292 2 Todd Circle All as shown on a map entitled “Warrant Article 43, 41-81 Master Plan Development: R-10 to CTEC or CN – Clara Drive and Todd Circle” dated January 2008 and filed herewith 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 Residential Commercial-2 (RC-2) district in the Commercial Trade, Entrepreneurship and Craft (CTEC) district: Map Lot Number Street 66 282 4 Clara Drive 66 299 3 Clara Drive 66 298 1 Todd Circle 66 297 3 Todd Circle 66 296 5 Todd Circle 66 295 7 Todd Circle 66 294 6 Todd Circle 66 293 4 Todd Circle 66 292 2 Todd Circle All as shown on a map entitled “Warrant Article 43, 41-81D Master Plan Development: R-10 to CTEC – Clara Drive and Todd Circle” dated January 2008 and revised February 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 44 (Zoning Map Change: LUG-2 to CTEC – 67 and 69 Surfside Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties, currently located in the Limited Use General (LUG-2) district in the Commercial Trade, Entrepreneurship and Craft (CTEC) district: Page 73 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 67 Portion of 229 69R Surfside Road 67 230 69 Surfside Road 67 231 67 Surfside Road 67 232 67 Surfside Road All as shown on a map entitled “Warrant Article 44 41-81 Master Plan Development: LUG-2 to CTEC – 67 and 69 Surfside Road” dated January 2008 and filed herewith 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 Commercial Trade, Entrepreneurship and Craft (CTEC) district: Map Lot Number Street 67 Portion of 229 69R Surfside Road 67 230 69 Surfside Road 67 231 67 Surfside Road 67 232 67 Surfside Road All as shown on a map entitled “Warrant Article 44, 41-81D Master Plan Development: LUG-2 to CTEC – 67 and 69 Surfside Road” dated January 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 45 (Zoning Map Change: Miller Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing all or part of the following properties currently located in the Residential-2 (R-2) district in the Residential Commercial-2 (RC-2) district: Map Lot Number Street 68 128 77 Old South Road 68 129 73 Old South Road 68 465 79 Old South Road 68 n/a “WAY” n/a Miller Lane Page 74 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “Warrant Article 45 R-2 to RC-2 –Miller Lane” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen) PLANNING BOARD MOTION: Moved that this Article be tabled. BOARD OF SELECTMEN COMMENT: The Board supports the Planning Board Motion. ARTICLE 46 (Zoning Map Change: Rezoning – Kelley Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. Placing the following properties, currently located in the Limited Use General-3 (LUG-3) district to the Limited Use General-1 (LUG-1): Map Lot Number Street 43 Portion of 12.2 67 Polpis Road 54 Portion of 21 49 Polpis Road 54 Portion of 27 7 Kelley Road 54 Portion of 28 4 Kelley Road 54 29 6 Kelley Road 54 30 8 Kelley Road 54 31 10 Kelley Road 54 32 12 Kelley Road 54 Portion of 95 28 Kelley Road 54 Portion of 96 13 Kelley Road 54 Portion of 97 11 Kelley Road 54 Portion of 98 9 Kelley Road 54 99 14 Kelley Road 54 100 16 Kelley Road 54 101 18 Kelley Road 54 104 28 Kelley Road 2. Placing the following properties, currently located in the Limited Use General-1 (LUG-1) district to the Limited Use General-3 (LUG-3): Map Lot Number Street Page 75 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 54 Portion of 19 45 Polpis Road 54 Portion of 33 71 Polpis Road 43 221 1 Moors End Lane 43 Portion of 220 3 Moors End Lane 43 Portion of 219 5 Moors End Lane All as shown on a map entitled “Warrant Article 46 – Kelley Road Neighborhood Rezoning” dated January 2008 and filed herewith 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 as follows: 1. Placing the following properties, currently located in the Limited Use General-3 (LUG-3) district to the Limited Use General-1 (LUG-1): Map Lot Number Street 43 Portion of 12.2 67 Polpis Road 54 Portion of 21 49 Polpis Road 54 Portion of 27 7 Kelley Road 54 Portion of 28 4 Kelley Road 54 29 6 Kelley Road 54 30 8 Kelley Road 54 31 10 Kelley Road 54 32 12 Kelley Road 54 Portion of 95 28 Kelley Road 54 Portion of 96 13 Kelley Road 54 Portion of 97 11 Kelley Road 54 Portion of 98 9 Kelley Road 54 99 14 Kelley Road 54 100 16 Kelley Road 54 101 18 Kelley Road 54 104 28 Kelley Road 2. Placing the following properties, currently located in the Limited Use General-1 (LUG-1) district to the Limited Use General-3 (LUG-3): Map Lot Number Street Page 76 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 54 Portion of 19 45 Polpis Road 54 Portion of 33 71 Polpis Road 43 221 1 Moors End Lane 43 Portion of 220 3 Moors End Lane 43 Portion of 219 5 Moors End Lane All as shown on a map entitled “Warrant Article 46 – Kelley Road Neighborhood Rezoning” dated January 2008 and filed herewith at the Office of the Town Clerk. ARTICLE 47 (Zoning Map Change: Kelley Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties, currently located in the Limited Use General 3 (LUG-3) district to the Limited Use General 1 (LUG-1) district: Address Map Parcel 15 Kelley Road 54 95 28 Kelley Road 54 104 All as shown on a map entitled “Proposed Rezoning for 15 and 28 Kelley Road” filed herewith at the office of the Town Clerk. (Patricia C. Myers, et al) PLANNING BOARD MOTION: Moved that Zoning Map of the Town of Nantucket be amended by placing the following properties, currently located in the Limited Use General 3 (LUG-3) district to the Limited Use General 1 (LUG-1) district: Map Lot Number Street 54 95 15 Kelley Road 54 104 28 Kelley Road All as shown on a map entitled “Proposed Rezoning for 15 and 28 Kelley Road” filed herewith at the office of the Town Clerk. ARTICLE 48 (Zoning Bylaw Amendment: Multi-Family Overlay District) To see if the Town will vote to amend the “Zoning Map of the Town of Nantucket, Massachusetts” prepared by the GIS Department dated February 11, 2004 as amended, by placing the following parcel of land in the Multi-Family Overlay District: Assessor’s Map 69, Parcel 270 at 3A Sun Island Road Page 77 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (Paul S. Jensen, et al) PLANNING BOARD MOTION: Moved that the map entitled “Multi-Family Overlay Districts” dated March 13, 2000 as amended by the map entitled “MFOD-Expansion” dated October 2001 and February 2002 be amended to place the following parcel of land in the Multi-Family Overlay District: Map Lot Number Street 69 270 3A Sun Island Road ARTICLE 49 (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 January 2008 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; and (4) conversion of commercial space to residential use is limited. (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) impede or infringe upon existing public access. Page 78 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (b) new residential uses will be 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 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. Recreational boating-related: 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: Page 79 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Cruise ship terminals or support facilities Personal watercraft rental Private docks 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. 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. (Board of Selectmen for Harbor Plan Implementation Committee) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket be amended 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). I. Harbor Overlay District (HOD). (1) The Harbor Overlay District shall be located as depicted on the map entitled “Harbor Overlay District,” dated January 2008 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 the Town of Nantucket, Massachusetts. Page 80 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (2) The purposes of the Harbor Overlay District are to ensure that (a) existing water-dependent uses are not displaced by nonwater-dependent uses; (b) harbor waters and the immediate shoreline and pier areas are zoned to protect water- dependent uses; (c) commercial uses allowed by the underlying district regulations are compatible with, support, or otherwise do not interfere with water-dependent uses of the district; and (d) in new structures, replacement of commercial use with residential use is limited. (3) Uses allowed or permitted in this overlay district are the same as those uses allowed or permitted in the underlying district except as modified by the following: (a) No new nonwater dependent use or extension of an existing nonwater dependent use shall: (1) Displace or significantly disrupt an existing water-dependent use; (2) Unreasonably diminish the capacity of the site to accommodate future water- dependent uses (3) Impede or infringe upon existing public access. (b) In new structures, residential uses shall only be allowed above the first floors except for stairways and other mechanical or accessory functions related thereto; (c) New residential uses shall not be established on pile-supported structures over coastal waters with access from the HOD; (d) Any new structure shall be set back a minimum of 25 feet from the mean high water line. (e) Any new nonwater dependent use shall be limited to a maximum ground cover ratio of 50%. (f) New structures, which in this subsection shall include extensions of existing structures, shall contain the following water-dependent uses and/or uses accessory to these water- dependent uses or provide these on the lot: Recreational boating-related: 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, physical access or view easement. Passenger and cargo ferry pier and facilities Page 81 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (g) Existing structures used for residential purposes are exempt from subsection (f) and may be altered or extended provided that the existing ground cover of the structure(s), as of April _, 2008, is not increased by a total of more than100 square feet. (4) Additional requirements within the HOD (a) Notwithstanding the provisions of § 139-23H(3) and 139-23I, all new commercial uses or extensions of commercial uses that increase the ground cover ratio of the lot or parking requirements, 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 § 139-12I. (5) The following uses are prohibited in the Harbor Overlay District: Cruise ship terminals or support facilities owned or operated in conjunction with vessels moored outside of the Harbor Personal watercraft rental Private docks unless allowed in § 139-22C and D. 2. Amend section 3E by adding a reference for the HOD: District Abbreviation Public Wellhead Recharge PWR Flood Hazard FHD Multifamily MF Neighborhood Employee NEHOD Housing Dormitory DOD Country COD Town TOD Formula Business Exclusion FBED Harbor HOD 3. Amend section 2 by adding the following definitions: Page 82 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 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. PLANNING BOARD COMMENT: This article was proposed by the Harbor Plan Implementation Committee, whose members were appointed by the Board of Selectmen. Although some Planning Board members had reservations about this article, a positive recommendation was made out of respect to the Committee members who have worked diligently on this and related articles over the last few years. Development around the harbor front is a public policy issue that the voters should have the opportunity to discuss in an open forum such as Town Meeting. BOARD OF SELECTMEN COMMENT: The Board supports the Planning Board Motion. ARTICLE 50 (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 Page 83 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions MAP A B PARCEL NUMBER STREET 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 1 257 24 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 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 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 Page 84 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions MAP A B PARCEL NUMBER STREET 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 8 3 HARBOR VIEW WY 42 4 2 12 1 S BEACH ST 42 4 2 14 1 STEAMBOAT WF 42 4 2 15 3 BROAD ST 42 4 2 16 31 EASY ST 55 1 4 8 96 WASHINGTON ST All as shown on the map entitled “Proposed 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 for Harbor Plan Implementation Committee) PLANNING BOARD MOTION: Moved that the Town amend the Zoning Map of the Town of Nantucket by placing the following properties in 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 Page 85 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions MAP A B PARCEL NUMBER STREET 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 1 257 24 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 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 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 8 3 HARBOR VIEW Page 86 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions MAP A B PARCEL NUMBER STREET WY 42 4 2 12 1 S BEACH ST 42 4 2 14 1 STEAMBOAT WF 42 4 2 15 3 BROAD ST 42 4 2 16 31 EASY ST 55 1 4 8 96 WASHINGTON ST All as shown on the map entitled “Proposed 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. BOARD OF SELECTMEN COMMENT: The Board supports the Planning Board Motion. ARTICLE 51 (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 for Harbor Plan Implementation Committee) PLANNING BOARD MOTION: Moved that the Town amend the Zoning Map of the Town of Nantucket by placing the following properties in 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. Page 87 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT: The Board supports the Planning Board Motion. ARTICLE 52 (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 July 31, 2005, and where a private pier previously existed on the premises. 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. Page 88 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 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 for Harbor Plan Implementation Committee) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) § 22 (Island perimeter restrictions) of the Code of the Town of Nantucket be amended 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 July 31, 2005, and where a private pier previously existed on the premises. 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 89 Town of Nantucket 2008 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. PLANNING BOARD COMMENT: This article removes the moratorium on docks, piers, and wharves and the positive recommendation on this article is based on the assumption that Articles 49, 50, and 51 are also passed without substantial modifications. If those articles are not passed or if substantial modifications are made, then the Planning Board may amend its motion at Town Meeting. BOARD OF SELECTMEN COMMENT: The Board supports the Planning Board Motion. Page 90 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 53 (Zoning Bylaw Amendment: Island Perimeter Restrictions) To see if the Town will vote to amend Section 139-22 of the Code of Nantucket, Island perimeter restrictions, section C. As is: Temporary moratorium on new docks piers and wharves in the RC District. Notwithstanding the provision 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 Harbor Plans for both Nantucket and Madame Harbors. Replace with the following: Temporary moratorium on new docks, piers and wharves in the RC District. Notwithstanding the provision of Subsection n B above, no new docks, piers and wharves, including extension of new or enlarge docks, piers and wharves, the extension of existing docks, piers or wharves, and the addition or creation of new appurtenant structures (defined as floats and ramps) for existing docks piers or wharves shall be constructed in the RC District except those docks, wharves and piers permitted by Massachusetts General Laws, Chapter 91 or approved by the Nantucket Conservation Commission of July 31, 2005 and where a private pier previously existed on the premise. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any dock, pier or wharf lawfully existing 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 April 2009, while the town of Nantucket updates its Harbor Plans for both Nantucket and Madaket Harbors. (Leo Asadoorian, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket § 22 be amended 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): C. Temporary moratorium on new docks, piers, and wharves in the RC District. Notwithstanding the provision 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 91 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions appurtenant structures (defined as floats or and ramps) for existing docks, piers or wharves shall be constructed in the RC District except those docks, piers and wharfs permitted by Massachusetts General Laws, Chapter 91 or approved by the Nantucket Conservation Commission as of July 31, 2005 and where a private pier previously existed on the premise. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any dock, pier or wharf lawfully existing, 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 April 30, 2008, 2009, while the Town of Nantucket updates its Harbor Plans for both Nantucket and Madaket Harbors. ARTICLE 54 (Zoning Bylaw Amendment: Disaster Rebuild Bylaw) To see if the Town will vote to amend Chapter 139 (Zoning) § 33 of the Code of the Town of Nantucket by adding the following subsection (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): M. Disaster Rebuild. Pre-existing non-conforming structures, damaged or destroyed by accidental cause, including fire, or otherwise damaged or destroyed without the consent of the owner, may be repaired or reconstructed, provided that: (1) The non-conforming nature of the repaired or reconstructed structure is not increased in any respect; (2) The repaired or reconstructed structure shall be used in the same manner as the structure being replaced or otherwise used in compliance with the use limitations of the applicable zoning district; and (3) A building permit for the repair or reconstruction shall be issued within two (2) years from the date of the damage or destruction; time incurred in resolving an appeal or other court action necessary for issuance of a building permit shall not be counted as part of the two (2) year limit. The Zoning Board of Appeals may extend the two (2) year period for good cause, provided that a request has been filed prior to expiration of the time period outlined above. 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 § 33 be amended by adding the following subsection (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): M. Disaster Rebuild. Pre-existing non-conforming structures, damaged or destroyed by accidental cause, including fire, or otherwise damaged or destroyed without the consent of the Page 92 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions owner, may be repaired or reconstructed, provided that: (1) The non-conforming nature of the repaired or reconstructed structure is not increased in any respect; (2) The repaired or reconstructed structure shall be used in the same manner as the structure being replaced or otherwise used in compliance with the use limitations of the applicable zoning district; and (3) A building permit for the repair or reconstruction shall be issued within two (2) years from the date of the damage or destruction; time incurred in resolving an appeal or other court action necessary for issuance of a building permit shall not be counted as part of the two (2) year limit. The Zoning Board of Appeals may extend the two (2) year period for good cause, provided that a request has been filed prior to expiration of the time period outlined above. ARTICLE 55 (Zoning Bylaw Amendment: Dormitory Housing Overlay District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: 1. By deleting section 12D in its entirety (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. Dormitory Overlay District. The purpose of the Dormitory Overlay District (DOD) is to provide for large-scale developments in order to provide decent and affordable housing for employees working in the Town of Nantucket, both seasonal and year-round, in a manner that removes these potentially incompatible uses from existing neighborhoods of predominant single-family residential character, but places them close to transit, bike paths, public sewer, and water, and in places readily accessible to employment centers. It is the intent of this section to encourage employee housing that consists, in large part, of a mix of single-family, duplex, and dormitory-style housing types, predominantly in smaller structures, rather than in "barracks-style" conventional dormitory structures. [Added 4-9- 2001 ATM by Art. 38, AG approval 8-2-2001] (1) Allowed uses: (a) All uses allowed on the lot by right in the underlying district in which the land is located. (2) Permitted uses: (a) All uses permitted on the lot requiring a special permit, with or without major or minor site plan review, in the underlying district in which the lot is located. Page 93 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (b) The special permit granting authority may grant a special permit with minor site plan review pursuant to the requirements of § 139-23 to permit dormitory housing, also subject to the following standards: [1] Density within the Dormitory Overlay District shall not exceed 100 persons per acre of land, and no more than two dwelling units per lot or leasehold area as may be established by the Nantucket Airport Commission, provided such leasehold area meets the minimum lot size requirements of the underlying zone; [2] In addition to the standards for buffering and screening required under § 139-23, Site plan review, the special permit granting authority may require additional landscaping and screening as deemed necessary by the special permit granting authority to screen the facilities adequately from neighboring properties, particularly those DOD facilities that may abut or be visible from single-family residential properties; [3] Vehicular and bicycle parking shall be located on the side or rear of the proposed structure and screened from view from the street to the extent possible; [4] Occupancy shall be limited to employees of those employers who own or lease space in such housing, together with their spouses, domestic partners, or dependents of such employees; [5] The applicant shall provide evidence that with the housing, there is an entitlement to prepaid NRTA shuttle bus passes for all occupants for the duration of each occupancy; [6] The Zoning Enforcement Officer and Health Officer shall conduct an annual review of the compliance of the facility on the anniversary of the issuance of the permit, or more often as may be required by the special permit granting authority; [7] Each special permit application under this Subsection D(2)(b) shall be conditional on submission of a dormitory overlay district management plan prepared in accordance with guidelines or rules and regulations adopted by the special permit granting authority. 2. By modifying section 2 as follows: DORMITORY HOUSING — Housing for employees consisting of a mix of single-family, duplex, and dormitory-style housing types developed in accordance with § 139-12D, at a density not to exceed 100 persons per acre. EMPLOYER DORMITORY — A dwelling on a lot occupied by a legally permitted or nonconforming commercial or nonprofit recreational use, or on an adjoining lot under the same ownership, all located outside of the NEHOD and DOD Overlay Districts in which sleeping accommodations for more than five persons are provided by one or more employers, with occupancy limited solely to their employees. 3. By modifying section 3 as follows: Page 94 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions E. Overlay Districts Dormitory DOD 4. By modifying section 4 as follows: a. The DOD shall be located as depicted on a map entitled “Dormitory Overlay District,” dated February 1, 2001, prepared by the Nantucket Planning and Economic Commission, incorporated by reference and made a part hereof. A copy of the map is on file with the Town Clerk and the Building Commissioner. 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 be amended 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. Delete section 139-12D in its entirety: D. Dormitory Overlay District. The purpose of the Dormitory Overlay District (DOD) is to provide for large-scale developments in order to provide decent and affordable housing for employees working in the Town of Nantucket, both seasonal and year-round, in a manner that removes these potentially incompatible uses from existing neighborhoods of predominant single-family residential character, but places them close to transit, bike paths, public sewer, and water, and in places readily accessible to employment centers. It is the intent of this section to encourage employee housing that consists, in large part, of a mix of single-family, duplex, and dormitory-style housing types, predominantly in smaller structures, rather than in "barracks-style" conventional dormitory structures. [Added 4-9- 2001 ATM by Art. 38, AG approval 8-2-2001] (3) Allowed uses: (b) All uses allowed on the lot by right in the underlying district in which the land is located. (4) Permitted uses: (b) All uses permitted on the lot requiring a special permit, with or without major or minor site plan review, in the underlying district in which the lot is located. (c) The special permit granting authority may grant a special permit with minor site plan review pursuant to the requirements of § 139-23 to permit dormitory housing, also subject to the following standards: [1] Density within the Dormitory Overlay District shall not exceed 100 persons per acre of land, and no more than two dwelling units per lot or leasehold area as Page 95 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions may be established by the Nantucket Airport Commission, provided such leasehold area meets the minimum lot size requirements of the underlying zone; [2] In addition to the standards for buffering and screening required under § 139-23, Site plan review, the special permit granting authority may require additional landscaping and screening as deemed necessary by the special permit granting authority to screen the facilities adequately from neighboring properties, particularly those DOD facilities that may abut or be visible from single-family residential properties; [3] Vehicular and bicycle parking shall be located on the side or rear of the proposed structure and screened from view from the street to the extent possible; [4] Occupancy shall be limited to employees of those employers who own or lease space in such housing, together with their spouses, domestic partners, or dependents of such employees; [5] The applicant shall provide evidence that with the housing, there is an entitlement to prepaid NRTA shuttle bus passes for all occupants for the duration of each occupancy; [6] The Zoning Enforcement Officer and Health Officer shall conduct an annual review of the compliance of the facility on the anniversary of the issuance of the permit, or more often as may be required by the special permit granting authority; [7] Each special permit application under this Subsection D(2)(b) shall be conditional on submission of a dormitory overlay district management plan prepared in accordance with guidelines or rules and regulations adopted by the special permit granting authority. 2. Amend section 139-2 as follows: DORMITORY HOUSING — Housing for employees consisting of a mix of single-family, duplex, and dormitory-style housing types developed in accordance with § 139-12D, at a density not to exceed 100 persons per acre. EMPLOYER DORMITORY — A dwelling on a lot occupied by a legally permitted or nonconforming commercial or nonprofit recreational use, or on an adjoining lot under the same ownership, all located outside of the NEHOD and DOD Overlay Districts in which sleeping accommodations for more than five persons are provided by one or more employers, with occupancy limited solely to their employees. 3. Amend section 139-3 as follows: E. Overlay Districts Dormitory DOD 4. Amend section 139-4 as follows: Page 96 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions b. The DOD shall be located as depicted on a map entitled “Dormitory Overlay District,” dated February 1, 2001, prepared by the Nantucket Planning and Economic Commission, incorporated by reference and made a part hereof. A copy of the map is on file with the Town Clerk and the Building Commissioner. 5. Amend section 139-12 as follows: § 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). ARTICLE 56 (Alteration of Neighborhood Employee Housing Overlay District Map) To see if the Town will vote to amend the map entitled “Neighborhood Employee Housing Overlay District” of the Town of Nantucket by modifying section 4E of the Zoning Bylaw as follows: “The NEHOD shall be coterminous with the Town Overlay District (139-12E) as shown on a map entitled “Town and Country Designations” as may be amended from time to time located as depicted on a map entitled “Nantucket Employee Housing Overly District” dated February 1, 2001, revised March 6, 2001, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made a part hereof. A copy of the map shall be placed on file with the Town Clerk and the Building Commissioner upon adoption. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the map entitled “Neighborhood Employee Housing Overlay District” of the Town of Nantucket be amended by amending section 139-4E of the Zoning Bylaw as follows: “The NEHOD shall be coterminous with the Town Overlay District (139-12E) as shown on a map entitled “Town and Country Designations” as may be amended from time to time located as depicted on a map entitled “Nantucket Employee Housing Overly District” dated February 1, 2001, revised March 6, 2001, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made a part hereof. A copy of the map shall be placed on file with the Town Clerk and the Building Commissioner upon adoption. ARTICLE 57 (Zoning Bylaw Amendment: Definition Change for Affordable Housing) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 2, “Definitions and word usage,” as follows (NOTE: New language is shown as Page 97 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of final text): AFFORDABLE HOUSING — Housing units whose sale or resale price is regulated to be occupied by households with annual incomes less than 80% 150% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development. ELIGIBLE HOUSEHOLD — A household whose total annual income is not more than 80% 150% of the median income for Nantucket County as set forth in regulations promulgated from time to time by the United States Department of Housing and Urban Development pursuant to the Housing and Community Development Act of 1974, as amended, or a comparable standard as established by the Planning Board if these regulations are no longer in effect. of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development. MODERATELY PRICED HOUSING — Housing units whose sale or resale price is regulated to be occupied by households with annual incomes between 100% and 125% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket § 2, “Definitions and word usage,” be amended 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 final text): AFFORDABLE HOUSING — Housing units whose sale or resale price is regulated to be occupied by households with annual incomes less than 80% 150% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development. ELIGIBLE HOUSEHOLD — A household whose total annual income is not more less than 80% 150% of the median income for Nantucket County as set forth in regulations promulgated from time to time by the United States Department of Housing and Urban Development pursuant to the Housing and Community Development Act of 1974, as amended, or a comparable standard as established by the Planning Board if these regulations are no longer in effect. of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development. MODERATELY PRICED HOUSING — Housing units whose sale or resale price is regulated to be occupied by households with annual incomes between 100% and 125% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development. Page 98 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 58 (Zoning Bylaw Amendment: Major Residential Development Special Permit) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 7, subsection F, “Major Residential Development Special Permit,” 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 final text): (7) (b) Affordable Housing Contribution [1] Any MRD may provide affordable and/or moderately priced housing units as allowed in Subsection F(8)(a). 8 (b) Affordable and moderately priced housing bonus. [1] For every affordable housing unit provided, serving those below 100% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development, one additional market-rate unit may be provided. [2] For every two moderately priced housing units of affordable housing provided, as defined in Article I, § 139-2 of this chapter, one additional market-rate housing unit may be provided. [3] See Article I, § 139-2 of this chapter for definitions of affordable housing. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket § 7, subsection F, “Major Residential Development Special Permit,” be amended 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 final text): (7) (b) Affordable Housing Contribution [1] Any MRD may provide affordable and/or moderately priced housing units as allowed in Subsection F(8)(a). 8 (b) Affordable and moderately priced housing bonus. [1] For every affordable housing unit provided, serving those below 100% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development, one additional market-rate unit may be provided. [2] For every two moderately priced housing units of affordable housing provided, as defined in Article I, § 139-2 of this chapter, one additional market-rate housing unit may be provided. [3] See Article I, § 139-2 of this chapter for definitions of affordable housing. Page 99 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 59 (Zoning Bylaw Amendment: Major Residential Development Special Permit) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 7, subsection H, “Special Permit to create secondary residential lots for year- round residents,” 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 final text): H. Special permit to create secondary residential lots for year-round residents. (1) Purpose: to create, make available and maintain housing that is affordable to those who earn at or below 80% 150% of the Nantucket County median household income; to help those people or households to continue to reside on Nantucket if they wish to do so; to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity and unique sense of community. (2) Definitions: NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM — Shall mean a covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and ownership of real property not held as a condominium (the "NHNC-Ownership Form"). ORIGINAL LOT — Shall mean an existing lot, conforming to the dimensional requirements of Subsection H(3)(e) hereof, and other applicable requirements hereof, dividable into a primary lot and a secondary lot pursuant to this § 139-7H. PRIMARY LOT — Shall mean the larger of the lots created by the division of the original lot under this § 139-7H. SECONDARY LOT — Shall mean the smaller of the lots created by the division of the original lot under this § 139-7H. The secondary lot shall be subject to an NHNC- Ownership Form. (3) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board as special permit granting authority, in its discretion, pursuant to and subject to this § 139-7H, may issue a special permit, with conditions, authorizing the division of the original lot into a primary lot and a secondary lot, which special permit may include approval and endorsement of a plan not requiring approval under the Subdivision Control Law as such plan is defined and described in MGL c.41 § 81P, provided the following requirements and/or conditions shall apply to all applications for relief hereunder and all special permits granted hereunder, as the case may be: (a) The original lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any Page 100 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions other instrument, pertaining to the placement, use or occupancy of second dwellings on said original lot. (b) The secondary lot shall be subject to an NHNC-Ownership Form, which shall provide, without limitation that the owner of the secondary lot, and any occupant of any dwelling erected thereon, shall earn at or below 80% 150% of the Nantucket County median household income. (c) No more than one dwelling shall be permitted on the primary lot. (d) No more than one dwelling shall be permitted on the secondary lot. (e) The minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Zoning District Minimum Original Lot Size (§ 139- 16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-10 10,000 4,000 6,000 R-2/SR-2 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 (f) The primary lot and the secondary lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning district, with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. (g) The primary lot and the secondary lot each must have a minimum of 20 feet of frontage. (h) Neither the primary lot nor the secondary lot shall have a separate vehicular access driveway, but shall share a single access driveway to a roadway. No more than one primary lot and one secondary lot shall share a single access driveway with any other primary lot or secondary lot. The Planning must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. Page 101 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (i) Where a primary lot and a secondary lot derive from the same original lot, the relationship of the dwelling situated on that primary lot and the dwelling situated on that secondary lot shall be maintained in accordance with the intent of § 139-7A(2), and the specific requirements of § 139-7A(2)(a), (b), (d), (e), and (h) with regard to the use and appearance of those respective dwellings. (j) A certificate of appropriateness required in § 139-26C(1) of the Code of the Town of Nantucket shall be an application requirement for a special permit under this § 139- 7H. (4) This § 139-7H shall not apply to major commercial developments, (§ 139-11); cluster developments (§ 139-7B); major residential developments (§ 139-7D); and are not permitted in the following zoning districts: Multi-family Overlay (MF); Residential Commercial Downtown (RCDT); Moorlands Management (MMA); Special Academy Hill (AHD); Special Our Island Home (OIH); and Assisted/Independent Living Community District (ALC). (5) Section 139-16D, Regularity formula, shall not apply to this § 139-7H. (6) No more than 12 secondary lots may be approved by the Planning Board within each calendar year, of which no more than two shall be approved for a single applicant. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket § 7, subsection H, “Special Permit to create secondary residential lots for year- round residents,” be amended 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 final text): H. Special permit to create secondary residential lots for year-round residents. (1) Purpose: to create, make available and maintain housing that is affordable to those who earn at or below 80% less than 150% of the Nantucket County median household income; to help those people or households to continue to reside on Nantucket if they wish to do so; to generate and preserve affordable housing in the Town of Nantucket in perpetuity, all in order to maintain Nantucket's diversity and unique sense of community. (2) Definitions: NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM — Shall mean a covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and ownership of real property not held as a condominium (the "NHNC-Ownership Form"). Page 102 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ORIGINAL LOT — Shall mean an existing lot, conforming to the dimensional requirements of Subsection H(3)(e) hereof, and other applicable requirements hereof, dividable into a primary lot and a secondary lot pursuant to this § 139-7H. PRIMARY LOT — Shall mean the larger of the lots created by the division of the original lot under this § 139-7H. SECONDARY LOT — Shall mean the smaller of the lots created by the division of the original lot under this § 139-7H. The secondary lot shall be subject to an NHNC- Ownership Form. (3) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board as special permit granting authority, in its discretion, pursuant to and subject to this § 139-7H, may issue a special permit, with conditions, authorizing the division of the original lot into a primary lot and a secondary lot, which special permit may include approval and endorsement of a plan not requiring approval under the Subdivision Control Law as such plan is defined and described in MGL c.41 § 81P, provided the following requirements and/or conditions shall apply to all applications for relief hereunder and all special permits granted hereunder, as the case may be: (a) The original lot shall not be subject to any covenants, restrictions or similar encumbrances, whether appearing in a deed, easement, land-use permit or any other instrument, pertaining to the placement, use or occupancy of second dwellings on said original lot. (b) The secondary lot shall be subject to an NHNC-Ownership Form, which shall provide, without limitation that the owner of the secondary lot, and any occupant of any dwelling erected thereon, shall earn at or below 80% less than 150% of the Nantucket County median household income. (c) No more than one dwelling shall be permitted on the primary lot. (d) No more than one dwelling shall be permitted on the secondary lot. (e) The minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Zoning District Minimum Original Lot Size (§ 139- 16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-10 10,000 4,000 6,000 R-2/SR-2 20,000 8,000 12,000 Page 103 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 (f) The primary lot and the secondary lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning district, with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. (g) The primary lot and the secondary lot each must have a minimum of 20 feet of frontage. (h) Neither the primary lot nor the secondary lot shall have a separate vehicular access driveway, but shall share a single access driveway to a roadway. No more than one primary lot and one secondary lot shall share a single access driveway with any other primary lot or secondary lot. The Planning must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. (i) Where a primary lot and a secondary lot derive from the same original lot, the relationship of the dwelling situated on that primary lot and the dwelling situated on that secondary lot shall be maintained in accordance with the intent of § 139-7A(2), and the specific requirements of § 139-7A(2)(a), (b), (d), (e), and (h) with regard to the use and appearance of those respective dwellings. (j) A certificate of appropriateness required in § 139-26C(1) of the Code of the Town of Nantucket shall be an application requirement for a special permit under this § 139- 7H. (4) This § 139-7H shall not apply to major commercial developments, (§ 139-11); cluster developments (§ 139-7B); major residential developments (§ 139-7D); and are not permitted in the following zoning districts: Multi-family Overlay (MF); Residential Commercial Downtown (RCDT); Moorlands Management (MMA); Special Academy Hill (AHD); Special Our Island Home (OIH); and Assisted/Independent Living Community District (ALC). (5) Section 139-16D, Regularity formula, shall not apply to this § 139-7H. (6) No more than 12 secondary lots may be approved by the Planning Board within each calendar year, of which no more than two shall be approved for a single applicant. Page 104 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 60 (Zoning Bylaw Amendment: Mixed-income Residential Development (MIRD) Special Permit) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket §7, subsection I, “Mixed-income residential development (MIRD) special permit,” 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 final text. All numbered elements shall be renumbered to agree with those elements deleted or added): I. Mixed-income residential development (MIRD) special permit. (1) The purpose of this subsection is to encourage the creation of affordable housing houses on Nantucket by giving landowners through the option of subdividing two or more lots shown on a conventional or cluster subdivision plan so as to create a mixed- income residential development (MIRD). For each lot brought into the MIRD subdivision, the second-dwelling right can be converted into an additional, separately owned "bonus" lot carrying an affordable housing covenant. (All affordable lots are "bonus" lots.) The affordable lots and an equal number of market-rate lots are restricted to one dwelling per lot. The total number of houses allowed in the MIRD subdivision is the same as the total number allowed on the land being subdivided. (2) The following definitions apply to this § 139-7I: AFFORDABLE 80 COVENANT — A Nantucket Housing Needs Covenant-- Ownership Form, as defined in Chapter 100 of the Code of the Town of Nantucket, with a provision in perpetuity that the subject lot with dwelling thereon shall be owned and occupied by a household earning no more than 80% of the Nantucket County median household income adjusted for family size. AFFORDABLE 80 LOT — A buildable lot on a MIRD Plan that is subject to an Affordable 80 Covenant. AFFORDABLE 150 COVENANT — A Nantucket Housing Needs Covenant-- Ownership Form, as defined in Chapter 100 of the Code of the Town of Nantucket, with a provision in perpetuity that the subject lot with dwelling thereon shall be owned and occupied by a household earning no more than 150% of the Nantucket County median household income. AFFORDABLE 150 LOT — A buildable lot on a MIRD Plan that is subject to an Affordable 150 Covenant cluster development; a subdivision created pursuant to § 139- 7B. CONVENTIONAL SUBDIVISION — A subdivision that conforms or once conformed to the intensity regulations of § 139-16 or preexists the enactment of the Nantucket Zoning Bylaw. Page 105 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions MARKET-RATE LOT — A buildable lot on a MIRD Plan that is not an affordable lot. MIRD PLAN — A subdivision plan that is created by subdividing land pursuant to this § 139-7I. NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM — Shall mean a covenant affecting the title to real property, created pursuant to Chapter 100 of the Code of the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and ownership of real property not held as a condominium (the "NHNC-Ownership Form"). NHNC PROGRAM — The Nantucket Housing Needs Covenant Program set forth in Chapter 100 of the Code of the Town of Nantucket and regulations thereunder. ORIGINAL LOTS — The lots on an original plan that comprise the land being subdivided to create a MIRD Plan. ORIGINAL PLAN — An AR or ANR plan endorsed or otherwise approved by the Planning Board showing a conventional subdivision or a cluster development, but neither a previously created MIRD Plan nor a plan created pursuant to § 139-7F (major residential development) shall qualify as an original plan. TWO-DWELLING LOT — A lot on which two dwellings legally can be built, such determination to be made with regard to the provisions of this Zoning Bylaw, applicable special permits and variances, deed restrictions and other documents of record, health regulations, and restrictions mandated by the Planning Board. (3) By grant of special permit the Planning Board may allow creation of a MIRD subdivision as provided in this § 139-7I in all districts except the MMD. the following zoning districts: Multi-family Overlay (MF); Residential Commercial Downtown (RCDT); Moorlands Management (MMA); and shall not apply to major commercial developments, (§ 139- 11); major residential developments (§ 139-7D). (4) Any two or more two-dwelling lots on an original plan Original Plan, whether or not in common ownership, may be subdivided to create a MIRD Plan. Lots on an original plan Original Plan that do not qualify as two-dwelling lots shall not be included in the land being subdivided on the MIRD Plan. (The lots on an original plan that comprise the land on the MIRD Plan are referred to herein as "original lots.") (5) The number of market-rate lots shall equal the number of original lots. Market-rate lots shall be designated as such on the MIRD Plan. (6) The number of affordable lots shall be a number that is at least 25% but not more than 100% of the number of original lots. (A fraction of a lot shall be counted as a whole lot.) Each affordable lot shall be so designated on the MIRD Plan. Page 106 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (7) At least 25% of the affordable lots shall be designated as Affordable 80 Lots. (A fraction of a lot shall be counted as a whole lot.) The remaining affordable lots shall be designated as Affordable 150 Lots. (8) (7) Affordable lots shall be restricted as follows: Each affordable lot shall be made subject to the appropriate affordable covenant NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM prior to the issuance of a building permit for construction of a dwelling on that lot; except that an affordable lot on which there is a dwelling existing at the time of the Planning Board's endorsement of the MIRD Plan, or for which a building permit was issued prior to such endorsement, shall be made subject to the covenant NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM at or before the time of such endorsement. (a) Each affordable lot shall be made subject to the appropriate affordable covenant prior to the issuance of a building permit for construction of a dwelling on that lot; except that an affordable lot on which there is a dwelling existing at the time of the Planning Board's endorsement of the MIRD Plan, or for which a building permit was issued prior to such endorsement, shall be made subject to the covenant at or before the time of such endorsement. (b) The Planning Board, after consulting with the Nantucket Housing Authority or its designee, shall impose conditions in the MIRD special permit as necessary to ensure that each affordable lot will meet the requirements of the NHNC Program. (9) (8) All affordable lots and an equal number of market-rate lots shall be restricted to one dwelling per lot. Each affordable and market-rate lot that is restricted to one dwelling shall be so designated on the MIRD Plan. (10) (9) No office or studio, other than an office or studio within a dwelling, shall be built in a MIRD subdivision on a lot that is restricted to one dwelling. (11) (10) Dimensional requirements for buildable lots on the MIRD Plan are as follows: (a) Frontage requirements: [1] The total frontage of buildable lots on the MIRD Plan shall be not less than the total frontage of the original lots. [2] The frontage requirement for two-dwelling lots on the MIRD Plan shall be as follows: [a] If the original plan is a conventional subdivision, the frontage requirement is that 80% of the frontage requirement provided by the intensity regulations of § 139-16, or the average frontage of the original lots, whichever is less. Page 107 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions [b] If the original plan is a cluster development, the frontage requirement is 20 feet. [3] There shall be no frontage requirement for one-dwelling lots on the MIRD Plan. However, when a proposed MIRD Plan shows one or more one-dwelling lots with less frontage than the frontage requirement for a two-dwelling lot (as defined in Subsection I(11)(a)[2] above), the following shall apply: The Planning Board shall impose easements and/or other conditions as necessary to ensure adequate access and utility service to such one-dwelling lots; and the Planning Board also may impose building envelopes and/or other conditions that will result in an appropriate placement of dwellings in the subdivision. (b) The Planning Board also may impose building envelopes and/or other conditions that will result in an appropriate placement of dwellings in the subdivision. (b)(c) The maximum ground cover ratio for lots on the MIRD Plan shall be the same as that for the original lots. (c)(d) If the original plan is a conventional subdivision, the lots on the MIRD Plan shall conform to the dimensional requirements in the following table: One- Dwelling Minimum Lot Size Two- Dwelling Minimum Lot Size Front Setback Side/ Rear Setback LUG-3 36,000 96,000 15 10 LUG-2 24,000 64,000 15 10 LUG-1 14,000 32,000 15 10 R-2 8,000 16,000 15 5 R-10 4,000 8,000 15 5 R-1, ROH, RC, RC-2, LC 2,000 4,000 10 5 (e) If the original plan is a cluster development, the lots on the MIRD Plan shall conform to the dimensional requirements in the following table; except that the Planning Board may reduce side or rear setbacks by up to 100% pursuant to § 139-7B(3)(a). One- Dwelling Minimum Lot Size Two- Dwelling Minimum Lot Size Front Setback LUG-3 4,500 9,000 15 LUG-2 4,500 9,000 15 Page 108 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions LUG-1 4,500 9,000 15 R-2 2,250 4,500 15 R-10 2,000 3,600 15 R-1, ROH, RC, RC-2 2,000 3,200 10 (12) (11) The Planning Board, in its discretion, may require that a MIRD subdivision shall have common driveways subject to the requirements of § 139-20.1B(3). (13) Market rate lots on the MIRD Plan shall be subject to any provisions of § 139-24A (phased development) that may apply to the original lots. Affordable lots shall be exempt from such provisions. (14) (12) Lots on a MIRD Plan shall not be further subdivided except for minor lot-line adjustments, and such limitation on subdivision shall be noted on the MIRD Plan. (15) (13) Nothing in this subsection shall be construed to affect the applicability of the Planning Board's Rules and Regulations Governing the Subdivision of Land. (16) (14) Nothing in this subsection shall be construed to prohibit the voluntary imposition of a Nantucket Housing Needs Covenant on a market-rate lot. (17) (15) Except as stated above, all other provisions of this Zoning Bylaw shall be applicable to a MIRD subdivision. (18) (16) The provisions of the § 139-7I shall expire on December 31, 2007. April 30, 2009. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Article not be adopted. PLANNING BOARD COMMENT: This article expired on December 31, 2007, therefore it cannot be amended as proposed. ARTICLE 61 (Zoning Bylaw Amendment: Open Air Markets) NOTE: The following article addresses the “farmers’ market” concerns of the Town by adding a new use under “definitions” for “Open Air Markets” and then allows a new use in those districts listed in Section 139-8 and addes “Open Air Markets” as a new allowed by right use, subsection (3), under Section 139-8A permitted uses with Site Plan Review by the Planning Board per Section 139-23E. Sections 139-2; 139-8A; and 139-23E(2) would be amended as shown below: Page 109 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: 1. To amend Section 139-2 by adding in the appropriate alphabetical listing the following definition: “Open Air Markets: An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produces, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second hand goods) dispensed from booths located on site.” 2. To amend Section 139-8A by adding the following new use and language: “(3) Open Air Markets with minor Site Plan Review under Section 139-23 by the Planning Board.” 3. To amend Section 139-23E (2) by adding the following language to the last sentence: “…and for minor site plan review for Open Air Markets.” (Heather Coffin, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket be amended 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. Amend section 139-2 by adding the following definition in the appropriate alphabetical listing: “Open Air Markets: An occasional or periodic market held in an open area or in a structure where groups of individual sellers licensed by the Board of Selectmen offer for sale to the public such items as fresh produces, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second hand goods) dispensed from booths located on site.” 2. Amend section 139-8A9 by adding the following new use and language a new subsection: “(3) Open Air Markets with minor Site Plan Review under Section 139-23 by the Planning Board.” C. Allowed uses with minor site plan review by the Planning Board (1) Open Air Markets Page 110 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 3. Amend section 139-23E (2) by adding the following language to the last sentence: “…and for minor site plan review for Open Air Markets.” ARTICLE 62 (Zoning Bylaw Amendment: Definition of Transfer Station) 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. To amend section 2, paragraph A by adding the following definition: Transfer Station – a handling facility where solid waste is brought, stored and transferred from one vehicle or container to another vehicle or container for transport off-site to a solid waste treatment, processing or disposal facility. 2. To amend section 9, paragraph B by adding the following use: B(2)(s) Transfer Station in the RC-2 and CI Districts only. 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 be amended 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. Amend section 139-2, paragraph A by adding the following definition: Transfer Station – a handling facility where solid waste is brought, stored and transferred from one vehicle or container to another vehicle or container for transport off-site to a solid waste treatment, processing or disposal facility. 2. Amend section 139-9, paragraph B by adding the following use: B(2)(s) Transfer Station in the RC-2 and CI Districts only. Page 111 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 63 (Zoning Bylaw Amendment: Definition of Structure) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 2, 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): STRUCTURE – Material or materials sited, erected or assembled at a fixed location to give support to shelter, such as a building, antenna tower, tank, tent, stadium, steel storage container, lighthouse, dock, retaining wall, deck, platform, steps, chimney, game court, or a swimming pool in-ground or above of more than 1,000 gallons, or the like. STRUCTURE – Anything constructed or erected, the use of which requires a fixed location on the ground. “Structure” shall be construed, where the context allows, as though followed by the words “or part thereof” and shall include, but not be limited to, buildings, retaining walls which support buildings, antenna towers, steel storage containers, lighthouses, docks, decks, chimneys, in or above ground swimming pools containing 1000 gallons or more, tents, and game courts. “Structure” shall not include retaining walls not exceeding four (4) feet in height for landscaping purposes, fences, rubbish bins, and a maximum of two (2) above ground propane tanks not to exceed 120 gallons each. 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 § 2, paragraph A be amended 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): STRUCTURE – Material or materials sited, erected or assembled at a fixed location to give support to shelter, such as a building, antenna tower, tank, tent, stadium, steel storage container, lighthouse, dock, retaining wall, deck, platform, steps, chimney, game court, or a swimming pool in-ground or above of more than 1,000 gallons, or the like. STRUCTURE – Anything constructed or erected, the use of which requires a fixed location on the ground. “Structure” shall be construed, where the context allows, as though followed by the words “or part thereof” and shall include, but not be limited to, buildings, retaining walls which support buildings, platforms, steps, antenna towers, steel storage containers, lighthouses, docks, decks, chimneys, in or above ground swimming pools containing 1000 gallons or more, tents, and game courts. “Structure” shall not include retaining walls not exceeding four (4) feet in height for landscaping purposes, fences, rubbish bins, and a maximum of two (2) above ground propane tanks not to exceed 120 gallons each. Page 112 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 64 (Zoning Bylaw Amendment: RCDT) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: 1. By deleting the letter "R" from the acronym "RCDT" throughout the Zoning Bylaw so that the new acronym will read as "CDT" in the following Sections: Section 139-3 C. Districts Enumerated Section 139-7 E. (1) All Districts – Prohibited Uses Section139-7 H (4) All Districts – Special Permits Section 139-8 Residential Districts and Residential Commercial Section 139-8 A (1) Residential Districts and Residential Commercial Section 139-9 Residential Commercial Section 139-9 A (12) Residential Commercial Section 139-11 A (12) MCD Section 139-16 A Intensity Regulations Section 139-17 C (4) Height Limitations Section 139-18 D Off-Street Parking Requirements 2. By deleting the word "Residential" from the title "Residential Commercial Downtown" throughout the Zoning Bylaw so that the new title will read as "Commercial Downtown" in the following Sections: Section 139-3 C. Districts Enumerated Section 139-7 H. (4) All Districts – Special Permits 3. By amending the Zoning Map of the Town of Nantucket to reflect this nomenclature change. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) NOTE: The article removes the letter "R" from the acronym "RCDT" and the word "Residential" from the "Residential Commercial Downtown" zoning district title throughout the Zoning Bylaw since the district is really a commercial downtown area as opposed to a residential commercial downtown area; as a result thirteen (13) bylaw sections need to be amended. PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket be amended as follows: 1. Delete the letter "R" from the acronym "RCDT" throughout the Zoning Bylaw so that the new acronym will read as "CDT" in the following sections: Section 139-3 C. Districts Enumerated Section 139-7 E. (1) All Districts – Prohibited Uses Section139-7 H (4) All Districts – Special Permits Page 113 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Section 139-8 Residential Districts and Residential Commercial Section 139-8 A (1) Residential Districts and Residential Commercial Section 139-9 Residential Commercial Section 139-9 A (12) Residential Commercial Section 139-11 A (12) MCD Section 139-16 A Intensity Regulations Section 139-17 C (4) Height Limitations Section 139-18 D Off-Street Parking Requirements 2. Delete the word "Residential" from the title "Residential Commercial Downtown" throughout the Zoning Bylaw so that the new title will read as "Commercial Downtown" in the following sections: Section 139-3 C. Districts Enumerated Section 139-7 H. (4) All Districts – Special Permits 3. Amend the Zoning Map of the Town of Nantucket to reflect this nomenclature change. ARTICLE 65 (Zoning Bylaw Amendment: Wind Energy Conversion Systems (WECS) Technical Correction) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket § 20, paragraph F 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) If maximum readings are exceeded, the installation shall be considered a public nuisance in violation of §139-20A 139-7E of this chapter. The violation shall be corrected within 90 days form the date of notification, and if the noise violation cannot be remedied, the WECS shall be removed or relocated. 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 § 20, paragraph F be amended 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) If maximum readings are exceeded, the installation shall be considered a public nuisance in violation of §139-20A 139-7E of this chapter. The violation shall be corrected within 90 days form the date of notification, and if the noise violation cannot be remedied, the WECS shall be removed or relocated. Page 114 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 66 (Bylaw Amendment: Peddlers, Solicitors and Transient Vendors) To see if the Town will vote to amend Chapter 107 (Peddlers, Solicitors and Transient Vendors) of the Code of the Town of Nantucket as follows (NOTE: new language is shown by 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): § 107-1. Definitions. TRANSIENT OR TEMPORARY BUSINESS -- Any exhibition, sale, renting, leasing or offering for hire, or offering for sale or for contribution or otherwise, by any person or persons for any period of time, of any goods, wares, merchandise, entertainment or services carried on, in or at a place not being a fixed and permanent structure or building, including but not limited to any open-air market, farmers’ market or other organized or group sale or exhibition event. TRANSIENT VENDORS -- Any person, either principal or agent, who engages in a transient or temporary business in the Town of Nantucket, selling or soliciting or offering for sale or accepting contributions for the offering, renting, leasing or offering for hire or selling or providing goods, wares, merchandise, entertainment or services for any period of time. § 107-2. License required; investigation; bond. No person, persons, group or organization shall engage in the business of a transient vendor or conduct or maintain a transient or temporary business until such person(s) shall make application to the Selectmen and receive from the Selectmen a license to conduct the business. The Selectmen shall, prior to issuing said license, make such investigation or inquiry as they may deem necessary and shall determine whether the transient or temporary business for which a license is sought would be beneficial to the best interest of the Town of Nantucket and its inhabitants and, in so determining, shall consider the financial responsibility of the applicant, the place where the applicant proposes to conduct his business and the effect that said business would have on the neighborhood properties, vehicular and pedestrian traffic and the safety of the persons in the vicinity. The Selectmen may require the filing of a bond in an amount deemed by the Selectmen to be sufficient to protect the interest of the Town of Nantucket. § 107-4. Exceptions. Nothing contained herein shall prohibit the sale from trucks or stalls of vegetables, fruits and flowers grown locally by the owner of the farm or premises where such vegetables, fruits or flowers are grown or of fish and shellfish taken by a transient vendor, except however, no transient vendor shall participate in any open-air market, farmers’ market or other planned, organized or impromptu group sale, exhibition or event, and none shall be permitted, unless first licensed by the Selectmen consistent with § 107-2 above. Or, to take any other action related thereto. Page 115 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 107 (Peddlers, Solicitors and Transient Vendors) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new language is shown by 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): § 107-1. Definitions. TRANSIENT OR TEMPORARY BUSINESS -- Any exhibition, sale, renting, leasing or offering for hire, or offering for sale or for contribution or otherwise, by any person or persons for any period of time, of any goods, wares, merchandise, entertainment or services carried on, in or at a place not being a fixed and permanent structure or building, including but not limited to any open-air market, farmers’ market or other organized or group sale or exhibition event. TRANSIENT VENDORS -- Any person, either principal or agent, who engages in a transient or temporary business in the Town of Nantucket, selling or soliciting or offering for sale or accepting contributions for the offering, renting, leasing or offering for hire or selling or providing goods, wares, merchandise, entertainment or services for any period of time. § 107-2. License required; investigation; bond. No person, persons, group or organization shall engage in the business of a transient vendor or conduct or maintain a transient or temporary business until such person(s) shall make application to the Selectmen and receive from the Selectmen a license to conduct the business. The Selectmen shall, prior to issuing said license, make such investigation or inquiry as they may deem necessary and shall determine whether the transient or temporary business for which a license is sought would be beneficial to the best interest of the Town of Nantucket and its inhabitants and, in so determining, shall consider the financial responsibility of the applicant, the place where the applicant proposes to conduct his business and the effect that said business would have on the neighborhood properties, vehicular and pedestrian traffic and the safety of the persons in the vicinity. The Selectmen may require the filing of a bond in an amount deemed by the Selectmen to be sufficient to protect the interest of the Town of Nantucket. § 107-4. Exceptions. Nothing contained herein shall prohibit the sale from trucks or stalls of vegetables, fruits and flowers grown locally by the owner of the farm or premises where such vegetables, fruits or flowers are grown or of fish and shellfish taken by a transient vendor, except however, no transient vendor shall participate in any open-air market, farmers’ market or other planned, organized or impromptu group sale, exhibition or event, and none shall be permitted, unless first licensed by the Selectmen consistent with § 107-2 above. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. Page 116 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 67 (Bylaw Amendment: Management of Coastal Properties owned by the Town of Nantucket) To see if the Town shall vote to amend the Code of the Town of Nantucket to include a new section of the general bylaws Chapter 67, entitled: “MANAGEMENT OF COASTAL PROPERTIES OWNED BY THE TOWN OF NANTUCKET,” providing as follows: Section AA-BBB. Management of coastal properties owned by the Town. (a) Moratorium There shall be a temporary moratorium on the use of Town properties for new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on public lands owned by the Town of Nantucket such that no new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, including extensions of new or enlarged coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, and the addition or creation of new appurtenant structures for existing coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like shall be hereafter constructed on land owned by the Town of Nantucket, except those coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, already approved by the Nantucket Conservation Commission for Town-owned properties prior to July 1, 2007. (b) Maintenance of existing projects. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on Town lands as may be lawfully existing or permitted by the Nantucket Conservation Commission prior to July 1, 2007, provided however any land access needed in order to undertake the work to do such repair, maintenance, or replacement shall be with the written permission of all legal landowners, including the Town of Nantucket whose land is necessary for such access. (c) Duration of moratorium. This moratorium shall remain in effect until December 31, 2010, or until such date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established. This moratorium shall not prohibit emergency armoring measures necessary to protect public roads, public buildings, or other public assets from imminent destruction. Or to take any other action thereto. (Catherine Flanagan Stover, et al) Page 117 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the Code of the Town of Nantucket is hereby amended by inserting a new section of the general bylaws Chapter 67, entitled “Management of Coastal Properties Owned by the Town of Nantucket”, providing as follows: § 67-1. Management of coastal properties owned by the Town. A. Moratorium. There shall be a temporary moratorium on the use of Town properties located along the eastern coastline of Nantucket from Great Point south to and including the Siasconset sewer beds (hereinafter “Town-owned coastal land”) for new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, on Town-owned coastal land such that no new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, including extensions of new or enlarged coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, and the addition or creation of new appurtenant structures for existing coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like shall be hereafter constructed on Town-owned coastal land, except those coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, as may be lawfully existing or permitted by the Board of Selectmen prior to April 10, 2008 for Town-owned coastal land. B. Maintenance of existing projects. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, on Town-owned coastal land as may be lawfully existing or permitted by the Board of Selectmen prior to April 10, 2008, provided however, any land access needed in order to undertake the work to do such repair, maintenance, or replacement shall be with the written permission of all legal landowners, including the Town of Nantucket whose land is necessary for such access. C. Duration of moratorium. This moratorium shall remain in effect until the earlier of December 31, 2010, or such a date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established. This moratorium shall not prohibit emergency armoring measures necessary to protect public roads, public buildings, or other public assets from imminent destruction. BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee Motion. ARTICLE 68 (Charter Amendment: Management of Coastal Properties Owned by the Town of Nantucket) To see if the Town shall vote to amend the Charter of the Town of Nantucket to include a new section providing as follows: Chapter/Section XXX, Management of coastal properties owned by the Town. Page 118 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (a) Moratorium There shall be a temporary moratorium on the use of Town properties for new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on public lands owned by the Town of Nantucket such that no new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, including extensions of new or enlarged coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, and the addition or creation of new appurtenant structures for existing coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like shall be hereafter constructed on land owned by the Town of Nantucket, except those coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, already approved by the Nantucket Conservation Commission for Town-owned properties prior to July 1, 2007. (b) Maintenance of existing projects. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on Town lands as may be lawfully existing or permitted by the Nantucket Conservation Commission prior to July 1, 2007, provided however any land access needed in order to undertake the work to do such repair, maintenance, or replacement shall be with the written permission of all legal landowners, including the Town of Nantucket whose land is necessary for such access. (c) Duration of moratorium. The moratorium shall remain in effect until December 31, 2010, or until such date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established. This moratorium shall not prohibit emergency armoring measures necessary to protect public roads, public buildings, or other public assets from imminent destruction. Or, to take any other action thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. ARTICLE 69 (Bylaw Amendment: Animals) Original: 55-4.D Leash law. No person within the confines of the Town shall at any time permit a dog owned or kept by such keeper run at large beyond the confines of the property of the owner or keeper unless the dog is held firmly on a leash. Page 119 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Revision: 55-4.D Leash law. No person within the confines of the Town shall at any time permit a dog owned or kept by such keeper run at large unless the dog is under the control of the owner or keeper and such owner or keeper is indicating responsibility for the dog’s behavior. (John West, MD, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. ARTICLE 70 (Bylaw Amendment: Signs, Satellite Dishes, Rooflines) To see if the Town will vote to: Amend the Historic District Commission (HDC) Abutter Notification Policy by changing the section entitled “Applications Requiring Abutter Notification” 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): “Abutters shall be notified of all HDC applications which would result in a change of one thousand square feet (1,000) one hundred square feet (100) or more of floor area (including new construction, demolition, moving, etc.)” (Charity Benz, et al) FINANCE COMMITTEE MOTION: Moved that Chapter 124 (Signs; Satellite Dishes, Rooflines) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new language is shown by 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): §124-12. Notice. The Historic District Commission shall establish regulations to provide for the giving of notice to interested parties of hearings on all applications that involve new construction resulting in an overall change of 1,000 100 square feet or more of floor area. Such regulations shall include a provision that notice shall be given to owners of all adjoining property and other property deemed by the Commission to be materially affected thereby as they appear on the most recent real estate tax list of the Board of Assessors, and to such other interests as the Commission shall deem entitled to notice by adoption of rules and regulations. The Commission shall give notice of hearings in accordance with its regulations. ARTICLE 71 (Bylaw Amendment: Parking) To see if the Town will vote to: amend Section 103-6 (Parking Permits) of the Code of the Town of Nantucket as follows: Add a new paragraph at the end of Section A, reading as follows: Page 120 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions “Resident Parking Permits shall also be issued to Nantucket Registered voters who own a residence on Nantucket upon the following conditions: a. The application for the Permit shall be submitted between January 15 and April 15 of each year. b. The fee for said Permit shall be $100.00 per year. c. Applicant must submit proof that he/she is a registered voter and lives in a Nantucket home as his/her residence. d. Permits shall be limited to one (1) vehicle per residence and limited to vehicles owned or leased by the Nantucket resident. (James Lydon, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. ARTICLE 72 (Bylaw Amendment: Streets and Sidewalks) To see if the Town will vote to amend Chapter 127 (STREETS AND SIDEWALKS) of the Code of the Town of Nantucket as follows (NOTE: language to be deleted is shown by strike- out; these methods to denote changes are not meant to become part of the final text): § 127-19. Limitations on road improvements and construction. [Amended 4-12-2004 ATM by Art. 61, approved 9-3-2004] A. The Town will preserve the historic character of its road system by prohibiting the following improvements or construction for any publicly owned way or street on Nantucket unless an exception of any of the following standards is expressly authorized by a vote of Town Meeting: (1) The installation of automated traffic signals; (2) Road widenings for the purpose of increasing motor vehicle travel capacity; (3) The construction of travel lanes dedicated as turning lanes for motor vehicles; (4) The construction of new public streets; and (5) Paving of any unimproved publicly owned streets, ways or roads. B. This section shall not apply to state roads, ways pursuant to the Subdivision Control Law, and common driveways. Page 121 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions § 127-20. Exceptions. Exceptions to the above prohibitions are: A. Areas located within the Town Overlay District (not including traffic signals or road widenings for vehicle capacity) as depicted on the map entitled “Town and County Overlay District,” dated January 2, 2002, Nantucket Planning and Economic Development Commission (Article 37, 2002 ATM as duly amended and on file at the Town Clerk’s office. [Amended 4-12-2004 ATM by Art. 61, approved 9-2-2004] B. Reconstruction of road beds and resurfacing of paved roads in existence prior to the effective date of this article. C. Road improvements (not including traffic signal systems) as required by the Planning Board in conjunction with the approval of subdivision plans. D. Reconstruction of existing road drainage systems or construction of new drainage systems, provided that such systems are equipped with petroleum separation and capture per Massachusetts Department of Environmental Protection standards. E. Bike paths and bike lanes. [Amended 4-12-2004 ATM by Art. 61, approved 9-3-2004] F. (Reserved) Editor’s Note: Former Subsection F, excepting works pursuant to Town or county road construction under state grant, as amended, was repealed 4-12-2004 ATM by Art. 61, approved 9-3-2004. G. Road improvements on First Way required by the Planning Board or the Board of Selectmen to support affordable housing, such housing defined herein as that housing intended primarily for year-round residents earning up to 150% of median family income, as determined by the U.S. Department of Housing and Urban Development, and sponsored by a municipal entity, the Housing Authority or its designated nonprofit; housing required in connection with §139 11J (MCD); or housing on lots subject to a Nantucket Housing Needs Covenant. [Added 4-15-2003 ATM by Art. 71] (Grant Sanders, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: It is the understanding of the Committee that the petitioner has requested that the Article be withdrawn. Page 122 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 73 (Bylaw Amendment: Street Numbers, Regulating) Amend Chapter 126 of the Town Bylaws: Chapter 126 STREET NUMBERS, REGULATING 126-1. Street numbers required. Current: “ Every improved lot on a public or private way within the Town and County of Nantucket shall be provided by the owner and/or occupant with clear and legible street numbers no smaller than 2 ½ inches and in contrasting color placed in such a manner as to be clearly visible from such ways”. Amendment: Change as follows; “ Every building serving as a dwelling or place of business on a public way within the Town and County of Nantucket, shall be provided by the owner with clear and legible street numbers no smaller than 2 ½ inches in height, and in contrasting color placed in such a manner as to be clearly visible from such ways. Buildings setting more than 15 feet from a public way shall display numbers no smaller than 4 inches in height. Numbers shall be of contrasting color from their background, and placed in such a manner as to be visible from such ways”. 126-3. Display. Current: “All street numbers shall be affixed to or be displayed in a prominent position on the street side of the property. Improved lots erected or located in the Town and county must have street numbers affixed within six months of the date of adoption of this chapter and/or issuance of a building permit”. Amendment: ”All street numbers shall be affixed to or be displayed in a prominent position on the street side of the property. Buildings erected or located in the Town and County must have a street number affixed within six months of the date of the adoption of this chapter and/or issuance of a building permit. Buildings set back more than 50 feet from a public way shall display numbers no smaller than 4 inches in height at the intersection of the driveways and said public way. These numbers shall be displayed so as to be seen in both directions of vehicular traffic and shall be maintained unobstructed by plantings. Numbers as described in this chapter shall be displayed in addition to those described in chapter 126-1”. 126-4. Violations and penalties. Current: “Any person who willfully fails to comply with the provision of this chapter or who unlawfully removes, defaces or changes a number affixed to an improved lot under this chapter shall be punished by a fine of not more than $20 for each offense. Each day is a separate Page 123 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions offense. This chapter shall be enforced by the Building Inspector or by such enforcement agent that the Board of Selectmen may designate”. Amendment: ”Any person who willfully fails to comply with the provision of this chapter or who unlawfully removes, defaces or changes a number affixed to an improved lot under this chapter shall be punished by a fine of not more than $50 for each offense. This chapter shall be enforced by the Building Inspector or by such enforcement agent that the Board of Selectmen may designate. (Francis Spriggs, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: While the Finance Committee endorses and supports the aims of the Article, it does not recommend adding further layers of detailed regulation to existing regulation, which has yet to be strictly enforced. We suggest instead that the Article be referred to appropriate public safety officials to set agreed-upon standards for clear and legible street numbering and implement those standards through more active enforcement of existing rules. ARTICLE 74 (Bylaw Amendment: Motorized Passenger Devices) To see if the Town will vote to amend by-law §98-1 to read: No person shall operate a motorized scooter, motorized skateboard, Segway, or other similar device (hereinafter referred to as “personal motorized passenger devices”) on any Town-owned or controlled public way, sidewalk, park, playground or beach without the express written permission to do so from the Town official(s) or officer having jurisdication over the use of said Town property or their respective designee (hereinafter referred to as the “authorizing official”). The following vehicles shall be exempt from the provisions of this chapter. A. (Shall remain the same) B. (Shall remain the same) C. (Shall remain the same) D. (Shall remain the same) E. (Shall remain the same) F. (Shall remain the same) G. Segways; to the extent authorized by the Town of Nantucket. (Heather Peroni, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. Page 124 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 75 (Bylaw Amendment: Wharves and Waterways) To see if the Town will vote to amend Chapter 137 (Wharves and Waterways) § 1, § 3 and § 5 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): § 137-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DIVER — Includes swimmers using fins and/or masks and/or snorkel tubes or self-contained underwater breathing devices and may include those diving without aids, where the circumstances are appropriate. GRAY WATER — In Nantucket waters as defined above, gray water is a vessel’s water/soap discharge, which is derived from galley, bath, showers, dishwashing and laundry equipment. HARBOR MASTER (MARINE SUPERINTENDENT) — Chief Harbor Master, duly empowered by the General Laws of the commonwealth. IMMEDIATE FAMILY — Parents, grandparents, children, sister, brother, and spouse. MOORING — Any space wherein a vessel is confined by wet slip, float, mooring, rack, sling, haul-out, trailer or other type of docking facility. NANTUCKET WATERWAYS or WATERWAYS — Includes all of the navigable waters within the boundaries of the Town, which shall include all harbors, rivers, bays or ponds, including waterways which, from time to time, may be temporarily nonnavigable by reason of low tides, drought or seasonal weather and water conditions. OFFICIAL WAITING LIST – The official list of names of mooring permit applicants managed by the Town and maintained in the office of the Harbor Master. PERSONS — Includes individuals, corporations, societies, associations, partnerships and trusts. RESCUE PERSONNEL — State and federal law enforcement officials, Nantucket Fire Department, Police Department, Marine and Coastal Resources Department personnel and Nantucket Sheriff's Department Dive Team members. TOWN — the Town and County of Nantucket, Massachusetts. § 137-3. Additional use regulations. Page 125 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions A. The Board of Selectmen shall have the power to establish standard contracts and contract terms and fees for the rental of wharves, slips, docks and moorings., and any other administrative costs. § 137-5. Mooring permits. A. Permits for the use of mooring spaces shall be for a period of one year, or any fraction thereof, terminating on December 31 of each year, unless revoked by the Harbor Master for good cause, and shall be renewable annually for one year. Payment for mooring permits shall be made in full before the permit will be issued. B. In areas where no additional spaces are available, applicants therefor shall be placed on an continuing official waiting list maintained at the office of the Harbor Master and actively managed by the Town. The official waiting list shall be a public document and shall be posted conspicuously. The official waiting list shall include the names of all applicants for moorings in chronological order of application, regardless of the applicants' preferences for particular mooring locations. The person at the top of the official waiting list shall have priority to obtain the next available location, but may waive the right to the next available location if it is not in a place convenient for him or her without losing his or her place at the top of the waiting list. In the event of a waiver, the next person on the list shall be offered the location, and if that person waives the right to the location, the next successive person shall be offered the location, et cetera, until someone in succession on the list takes it the location and registers a mooring there. Notice to the person entitled to the next available mooring shall be in writing or by any reasonable method. The official waiting list as of January 8, 2008 shall serve as the initial reference document such that applicants listed thereon shall retain seniority unless and until such time any applicant request removal from said the list or declines to respond as necessary to the Town regarding remaining on the official waiting list. C. It shall be incumbent upon all applicants to ensure that the official waiting list contains any and all information necessary to enable the Harbor Master to immediately contact them should he deem appropriate. D. A fee set by the Board of Selectmen or its designee shall be payable at the time of application and annually by those applicants wishing to remain on the official waiting list. E. All boats 10 feet or under, without power, shall be exempt from this section. F. All dinghies not in use between October 15 and April 1 on property controlled by the Town, shall be removed to the owner's property. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 137 (Wharves and Waterways) § 1, § 3 and § 5 of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new Page 126 Town of Nantucket 2008 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): § 137-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DIVER — Includes swimmers using fins and/or masks and/or snorkel tubes or self-contained underwater breathing devices and may include those diving without aids, where the circumstances are appropriate. GRAY WATER — In Nantucket waters as defined above, gray water is a vessel’s water/soap discharge, which is derived from galley, bath, showers, dishwashing and laundry equipment. HARBOR MASTER (MARINE SUPERINTENDENT) — Chief Harbor Master, duly empowered by the General Laws of the commonwealth. IMMEDIATE FAMILY — Parents, grandparents, children, sister, brother, and spouse. MOORING — Any space wherein a vessel is confined by wet slip, float, mooring, rack, sling, haul-out, trailer or other type of docking facility. NANTUCKET WATERWAYS or WATERWAYS — Includes all of the navigable waters within the boundaries of the Town, which shall include all harbors, rivers, bays or ponds, including waterways which, from time to time, may be temporarily nonnavigable by reason of low tides, drought or seasonal weather and water conditions. OFFICIAL WAITING LIST – The official list of names of mooring permit applicants managed by the Town and maintained in the office of the Harbor Master. PERSONS — Includes individuals, corporations, societies, associations, partnerships and trusts. RESCUE PERSONNEL — State and federal law enforcement officials, Nantucket Fire Department, Police Department, Marine and Coastal Resources Department personnel and Nantucket Sheriff's Department Dive Team members. TOWN — the Town and County of Nantucket, Massachusetts. § 137-3. Additional use regulations. A. The Board of Selectmen shall have the power to establish standard contracts and contract terms and fees for the rental of wharves, slips, docks and moorings., and any other administrative costs. Page 127 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions § 137-5. Mooring permits. A. Permits for the use of mooring spaces shall be for a period of one year, or any fraction thereof, terminating on December 31 of each year, unless revoked by the Harbor Master for good cause, and shall be renewable annually for one year. Payment for mooring permits shall be made in full before the permit will be issued. B. In areas where no additional spaces are available, applicants therefore shall be placed on an continuing official waiting list maintained at the office of the Harbor Master and actively managed by the Town. The official waiting list shall be a public document and shall be posted conspicuously. The official waiting list shall include the names of all applicants for moorings in chronological order of application, regardless of the applicants' preferences for particular mooring locations. The person at the top of the official waiting list shall have priority to obtain the next available location, but may waive the right to the next available location if it is not in a place convenient for him or her without losing his or her place at the top of the waiting list. In the event of a waiver, the next person on the list shall be offered the location, and if that person waives the right to the location, the next successive person shall be offered the location, et cetera, until someone in succession on the list takes it the location and registers a mooring there. Notice to the person entitled to the next available mooring shall be in writing or by any reasonable method. The official waiting list as of January 8, 2008 shall serve as the initial reference document such that applicants listed thereon shall retain seniority unless and until such time any applicant requests removal from said the list or declines to respond as necessary to the Town regarding remaining on the official waiting list. C. It shall be incumbent upon all applicants to ensure that the official waiting list contains any and all information necessary to enable the Harbor Master to immediately contact them should he deem appropriate. D. A fee set by the Board of Selectmen or its designee shall be payable at the time of application and annually by those applicants wishing to remain on the official waiting list. E. All boats 10 feet or under, without power, shall be exempt from this section. F. All dinghies not in use between October 15 and April 1 on property controlled by the Town, shall be removed to the owner's property. ARTICLE 76 (Bylaw Amendment: Board of Sewer Commissioners) To see if the Town will amend Chapter (Board of Sewer Commissioners) Section 41-3A of the code of the Town of Nantucket Sewer District Map by adding the following parcels of land to the map. Address Map/Parcel 69 Hummock Pond Road 56/320 Page 128 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 71 Hummock Pond Road 56/320.1 76 Hummock Pond Road 56/123 77 Hummock Pond Road 56/311 78 Hummock 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 (Martin McGowan, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: Proponents of this article did not submit the required “Checklist for Proposed Expansion of the Sewer District” application including authorization for multiple property owners, soil type and groundwater information, and other necessary documentation. ARTICLE 77 (Bylaw Amendment: Board of Sewer Commissioners) To see if the Town will vote to amend the Town of Nantucket Sewer District Map by including the following parcels within the Sewer District: (a) 22 Brewster Road ( aka Boston Ave) - Tax Map 54, Parcel 169.1; (b) 24 Brewster Road – Tax Map 54, Parcel 169.3; (c) 26 Brewster Road – Tax Map 54, Parcel 169.2; (Comment: These parcels abut a swampy area that flows to the harbor. Including them within the Sewer District will have a positive effect on Nantucket Harbor water quality.) (Deborah E. Nicholson, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: The subject property is located in a future “needs area” as identified in the Comprehensive Wastewater Management Plan and will be part of a larger area where sewer service will be extended in a comprehensive manner. Page 129 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 78 (Bylaw Amendment: Board of Sewer Commissioners) 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 by adding the following parcels to the Town Sewer District Map: Map and Parcel Address 41 480 21 Crooked Lane 41 336 and 336.1 20 Crooked Lane 41 337 106 West Chester Street 41 338 102 West Chester Street 41 339 98 West Chester Street 41 340 94 West Chester Street 41 533 90 West Chester Street 41 533.1 86 West Chester Street 41 343 84 West Chester Street 41 343.1 82 West Chester Street 41 210 121 West Chester Street 41 211 117 West Chester Street 41 806 109 West Chester Street 41 805 Street Address Unknown 41 93.1 95 West Chester Street 41 93.2 95R West Chester Street Lot 30, 31, 32 (Matthew J. Capozza, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: Proponents of this article do not have access to the infrastructure necessary to meet added demand as certified by the DPW Director. In addition, they did not submit the required “Checklist for Proposed Expansion of the Sewer District” application including authorization for multiple property owners and other necessary documentation. ARTICLE 79 (Bylaw Amendment: Board of Sewer Commissioners) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), section 41-B (Siasconset Sewer District) of the Code of the Town of Nantucket Sewer District Map by adding the following parcel(s) to said map: SIASCONSET SEWER DISTRICT: Map/Parcel Address Page 130 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 74-37.5 25 Low Beach Road 74-37.4 27 Low Beach Road 74-37.3 29 Low Beach Road 74-37 3 Hawks Circle 74-37.6 5 Hawks Circle 74-37.7 7 Hawks Circle 74-37.2 8 Hawks Circle 74-37.1 9 Hawks Circle 73-49.2 12 Hawks Circle 73-49.1 13 Hawks Circle 73-49 14 Hawks Circle (Richard Glidden, et al) FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners), section 41-B (Siasconset Sewer District) of the Code of the Town of Nantucket Sewer District Map be amended by adding the following parcel(s) to said map: SIASCONSET SEWER DISTRICT: Map/Parcel Address 74-37.5 25 Low Beach Road 74-37.4 27 Low Beach Road 74-37.3 29 Low Beach Road 74-37 3 Hawks Circle 74-37.6 5 Hawks Circle 74-37.7 7 Hawks Circle 74-37.2 8 Hawks Circle 74-37.1 9 Hawks Circle 73-49.2 12 Hawks Circle 73-49.1 13 Hawks Circle 73-49 14 Hawks Circle FINANCE COMMITTEE COMMENT: Based on testimony of the article’s proponents and a review of the history (1990 requirement of installation of “dry” sewer lines, abandonment of septic systems, and connection to sewer) affecting these subject properties, much of which occurred prior to the establishment of the sewer district, the Committee concludes that inclusion of these properties is consistent with public policy. ARTICLE 80 (Charter Amendment: Town Administration) To see if the Town will vote to amend the Charter of the Town of Nantucket, Chapter 289 of the Acts of 1996, to provide that the Planning Director report directly to the Town Manager, as is the current practice with all other Town department heads. Page 131 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (Curtis Barnes, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: The Finance Committee believes there is merit to the concept of a closer and more formal relationship between the Planning Director and the Town Manager. We understand this may accomplished administratively and not require an amendment to the Charter of the Town of Nantucket and therefore the recommendation is not to adopt Article 80. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion and Comment. It is the understanding of the Board that some departmental reorganization involving reporting relationships within Town Administration will be occurring in 2008. ARTICLE 81 (Home Rule Petition: Establishing a Post-Employment Benefits Trust Fund in the Town of Nantucket) To see if the Town will vote to petition the General Court for the enactment of a Home Rule special act set forth below and to request the Town of 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, and to take other action related thereto. AN ACT ESTABLISHING A POST-EMPLOYMENT BENEFITS TRUST FUND IN THE TOWN OF NANTUCKET SECTION 1. As used in this act, the following words shall have the following meanings: “GASB 43 and 45”, Statements 43 and 45 of the Governmental Accounting Standards Board and its successors. “Other post-employment benefits” or “OPEB”, post-employment benefits other than pensions as that term is defined in GASB 43 and 45 including post-employment healthcare benefits, regardless of the type of plan that provide them, and all post-employment benefits provided separately from a pension plan, excluding benefits defined as termination offers and benefits. SECTION 2. (a) There shall be in the town of Nantucket an OPEB Trust Fund, which shall be under the supervision and management of the Nantucket Finance Director in consultation with the town administrator. The town treasurer shall be the custodian of the OPEB Trust Fund and may employ an outside custodial service. Page 132 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (b) Beginning in fiscal year 2009, the OPEB Trust Fund shall be credited with all amounts appropriated or otherwise made available by the town for the purposes of meeting the current and future OPEB costs payable by the town. The OPEB Trust Fund shall be credited with all amounts contributed or otherwise made available by employees of the town for the purpose of meeting future OPEB costs payable by the town. Amounts in the OPEB Trust Fund, including any earnings or interest accruing from the investment of these accounts, shall be expended only for the payment of the costs payable by the town for OPEB and for the costs of the actuarial study provided for in Section 3. Subject to the approval of the town administrator, the town treasurer shall invest and reinvest the amounts in the OPEB Trust Fund not needed for current disbursement consistent with the prudent investor rule. The OPEB Trust Fund shall be subject to the public employee retirement administration commission’s triennial audit. (c) The town treasurer may employ any qualified bank, trust company, corporation, firm or person to advise it on the investment of the fund and may pay from the OPEB Trust Fund for this advice and other services as determined by the town’s finance director in consultation with the town administrator. SECTION 3. (a) An actuary, who shall be a member of the American Academy of Actuaries, shall perform an actuarial evaluation of the town’s OPEB liabilities and funding as of January 1, 2008, and no less frequently than every second year thereafter. The determination shall be made in accordance with generally accepted actuarial standards and shall conform to the requirements of GASB 43 and 45 and the actuary shall make a report of the determinations to the town meeting. The report shall, without limitation, detail the demographic and economic actuarial assumptions used in making the determinations, and each report after the first report shall also include an explanation of the changes, if any, in the demographic and economic actuarial assumptions employed and the reasons for the changes. (b) Beginning in fiscal year 2009, payments for the purposes of meeting the town’s costs of OPEB under this act shall be made from the OPEB Trust Fund. Funds in the OPEB Trust Fund shall be segregated from other funds. Disbursements from the OPEB Trust Fund including earnings or interest accruing from the investment of the amounts may only be made based on Section 1 to 3, inclusive. SECTION 4. The act shall take effect upon its passage. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: In accordance with the Committee’s motion to table Article 8A of this Warrant, the Committee does not recommend that Article 81 be adopted as the funding for a trust fund does not currently exist. Page 133 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 82 (Home Rule Petition: Community Housing Bank) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below 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, such legislation to read substantially as follows: AN ACT ESTABLISHING A NANTUCKET COMMUNITY HOUSING BANK SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the following meanings: "Community Housing", rental and home ownership housing units for use by those residents of Nantucket earning 150 per cent or less of the median household income for Nantucket county, as calculated and adjusted for household size annually by the federal Department of Housing and Urban Development (HUD); this percentage of median income, should economic conditions warrant a change, can be adjusted by a majority vote of the housing bank commission. "Eligible Applicants", non-profit and for-profit corporations and organizations, individuals, and public entities. "Housing Bank", the Nantucket Community Housing Bank, established by section 2. "Housing Bank Commission", the Nantucket Community Housing Bank Commission, established by section 3. "Legal representative", with respect to any person, shall mean any other person acting under a written power-of-attorney executed by that person, but any affidavit attesting to the true and complete purchase price of real property, submitted to the housing bank commission under section 9, may also be signed on behalf of that person by an attorney admitted to practice in the commonwealth. "Purchaser", the transferee, grantee or recipient of any real property interest. "Purchase price", all consideration paid or transferred by or on behalf of a purchaser to a seller or a seller's nominee, or for the seller's benefit, for the transfer of any real property interest, including, but not limited to, all cash or other property paid or transferred by or on behalf of the purchaser to discharge or reduce any obligation of the seller; the principal amount of all notes or their equivalent, or other deferred payments, given or promised to be given by or on behalf of the purchaser to the seller or the seller's nominee; the outstanding balance of all obligations of the seller which are assumed by the purchaser or to which the real property interest transferred remains subject after the transfer, determined at the time of transfer but excluding real estate taxes or other municipal liens or assessments which are not overdue at the time of Page 134 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions the transfer; and the fair market value at the time of transfer of any other consideration or thing of value paid or transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or services paid, transferred or rendered in exchange for the real property interest. "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. "Seller", the transferor, grantor or immediate former owner of any real property interest. "Time of transfer", of any real property interest shall mean, the time that the transfer is legally effective between the parties to the transfer, and, with respect to a transfer evidenced by an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder of the appropriate registry district, not later than the time of the recording or filing. SECTION 2. There shall be a Nantucket Community Housing Bank, to be administered by a housing bank commission established by section 3, for the purpose of providing funding for community housing as set forth in section 5. The Housing Bank shall be a body politic and corporate and a public instrumentality, and the exercise of the powers conferred upon the Housing Bank by this act shall be considered to be the performance of an essential governmental function. SECTION 3. (a) The Nantucket Community Housing Bank shall be administered by a housing bank commission consisting of five (5) members who are legal residents of Nantucket, each person to be elected to a three (3) year term, in the same manner as other elected town officials. The Nantucket board of selectmen shall appoint the initial five members to serve from the effective date of this act until the first elections of the regular members at the town's regular or special town election after the effective date of this act. The initial terms, which will be drawn by lot by the initial five appointed members, shall be staggered so that two members are elected each year, and in the third year, one member elected, such elections following the initial election. (b) Vacancies: Should a vacancy occur during the term of any elected town member, the housing bank commission and the board of selectmen shall jointly appoint an interim member to serve until the next scheduled town election. Page 135 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (c) Administration: Members shall serve without compensation. The initial appointed members shall adopt temporary rules and regulations to the extent necessary to conduct business until the regular members are elected. The housing bank commissions shall elect a chairman and a vice chairman from among their regular members and shall elect a secretary and a treasurer who may be the same person, and who need not be members of the housing bank commission. The members of the housing bank commissions shall adopt, after holding a public hearing, rules and regulations for conducting its internal affairs and procedural guidelines for carrying out its responsibilities under this act. (d) Quorum: A quorum for the Nantucket Community Housing Bank Commission shall be three or more members. Decisions of the Housing Bank Commission shall be by majority vote at a meeting where a quorum is present. The Housing Bank Commission may make rules regarding attendance. The Housing Bank Commission shall keep accurate records of its meetings and actions and shall file annual reports that shall be distributed with the annual report of the Town of Nantucket. The Housing Bank Commission shall be classified as a municipal agency for purposes of chapter 268A of the General Laws, and be subject to the open meeting law (chapter 39, sections 23A, 23B and 23C of the General Laws). SECTION 4A. The housing bank commission shall (a) provide funding as has been first approved by an annual or special town meeting of the town of Nantucket, in the form of grants, loans, loan guarantees, lines of credit, interest subsidies, rental assistance or any other means determined to further the goals of the housing bank for eligible community housing activities under section 5, (b) accept gifts of funds to further the purposes of the housing bank; (c) prepare an annual budget, provided however no more than 5% of all funds received by the housing bank during any fiscal year may be spent for administration purposes without approval by an annual or special town meeting of the town of Nantucket, (d) hire staff and obtain professional services that are necessary in order to perform its duties; (e) adopt regulations and procedures that it considers necessary or appropriate, subject to this act, regarding the use and investment of its funds and the keeping of records and accounts; (f) adopt procedures in the form of rules and regulations that it considers necessary or appropriate setting forth its programmatic goals, policies and recommendations to serve as standards for decisions to provide funding for programs under section 5, provided however, such procedures shall not take effect until approved by an annual or special town meeting of the town of Nantucket; and (g) enter into and enforce contracts that it considers necessary to achieve the goals of this legislation. SECTION 4B. The Town of Nantucket may appropriate money to be deposited in the Nantucket Housing Fund as provided in said section 7A. The Town of Nantucket is hereby further authorized to provide funds to repay any notes or bonds of the town issued pursuant to this section and, when authorized by a two thirds vote of town meeting as defined in G.L. Chapter 44. section. 1, to incur debt of the town for such purposes in accordance with the provisions of G. L. Chapter 44, section 7(3). SECTION 4C. The housing bank may issue bonds and notes to further the purposes of the housing bank but only if the issuance of these bonds or notes has been approved by a two thirds majority vote at a Nantucket town meeting. The proceeds of such bonds or notes may Page 136 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions be used to pay, in whole or in part, for the purposes set forth in section 4A of this act, reserves for debt service and other expenses, to pay consulting appraisal advisory and legal fees and costs incidental to the issuance and sale of such bonds and notes, to purchase, refund or renew bonds or notes previously issued and to pay an other costs and expenses of the housings bank commission necessary for the accomplishment of its purposes. Bonds or notes issued pursuant to this act shall is hereby authorized by the commission which shall have full power and authority to determine the amount, form, terms, conditions, provisions for payment of interest and all other details thereof and to provide for the sale and issuance at such price and in such manner as the Commission shall determine subject only to any limitation set forth in this Act. Unless the town of Nantucket shall have authorized by two-thirds vote of a town meeting the pledging of the full faith and credit of the town or county of Nantucket to secure an issue of bonds or notes of the housing bank, all bonds or notes issued hereunder shall be payable solely from the fees and other revenues of the housing bank pledged to their payment and shall not be deemed a pledge of the full faith and credit of the Town or County of Nantucket, the Commonwealth of Massachusetts or any political subdivision thereof. The Housing Bank Commission may enter into any agreements, including without limitation a loan agreement and a trust agreement, necessary to effectuate and to secure any bonds or notes issued by the housing bank. Such agreements may pledge or assign, in whole or in part, the revenues and other money held or to be received by the housing bank. Such agreements may contain such provisions for protecting and enforcing the rights, security and remedies of the holders of such bonds or notes, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities and covenants setting forth the duties of, and limitations on, the housing bank in relation to the custody, safeguarding, investment and application of money, the issuance of additional debt obligations, the use of any surplus proceeds of the borrowing, including any investment earnings thereon, and establishment of special funds and reserves. The pledge of any such agreement shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code from the time when the pledge is made; the revenues, money, rights and proceeds so pledged and then held or thereafter acquired or received by the housing bank shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act; and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the town or county, irrespective of whether such parties have notice thereof. No document by which a pledge is created need be filed or recorded except in the records of the housing bank and no filing need be made under the Uniform Commercial Code. The trustee with respect to any such trust agreement entered into pursuant to this section shall be a trust company or a bank having the powers of a trust company within the commonwealth. Any such trust agreement may provide that any money received thereunder may be held, deposited or invested by the trustee, notwithstanding the provisions of section 7A pending the disbursement thereof, in any deposits or investments which are lawful for the funds of savings banks and shall provide that any officer with whom or any bank or trust company with which such money shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof and thereof, subject to such regulation or limitation as this act or such trust agreement may provide. Page 137 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions It shall be lawful for any bank or trust company within the Commonwealth to act as depository of the proceeds of bonds or notes, revenues or other money hereunder and to furnish such indemnifying bonds or to pledge such security, if any, as may be required by the Commission. Any trust agreement entered into pursuant to this section may set forth the rights and remedies of the holders of any bonds or notes and of the trustee and may restrict the individual rights of action by any such holders. In addition to the foregoing, any such trust agreement may contain such other provisions as the Commission may deem reasonable and proper. All expenses incurred in carrying out the provisions of such trust agreement may be treated as part of the cost of operation of the housing bank and paid from the revenues or other funds pledged or assigned to the payment of the principal of and the premium, if any, and interest on the bonds or notes or from any other funds available to the housing bank. In addition to other security provided herein or otherwise by law, bonds or notes issued under this section may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued to the housing bank by any bank, trust company or other financial institution, within or without the Commonwealth, and the housing bank may pledge or assign any of its revenues as security for the reimbursement by the housing bank to the issuers of such letters or lines of credit, insurance or credit facilities of any payments made thereunder. SECTION 4D. If at any time any principal or interest is due or about to come due on any bonds or notes of the housing bank to secure which the full faith and credit of the town of Nantucket or Nantucket county shall have been pledged and funds to pay the same are not available, the Commission shall certify to the town treasurer and selectmen of the town or to the county treasurer and county commissioners of the county, as appropriate, the amount required to meet such obligations and the town treasurer or the county treasurer shall thereupon pay over to the housing bank the amount so certified from any funds in the treasury. For the purpose of providing or restoring to the treasury the sums so paid over to the housing bank, the town treasurer, with the approval of the selectmen, is authorized to incur debt outside the town's debt limit and issue notes therefore for a period not exceeding two years and to renew or refund the same from time to time until the town shall have received from the housing bank sufficient funds to repay such notes and the interest thereon in full. Whenever the town or the county shall have been required to pay over any sums of money to the housing bank under this section, the housing bank shall be precluded from issuing any grants or purchasing, constructing or making improvements to land or housing, or issuing any of its bonds or notes for purposes other than repaying the town, until the housing bank shall have repaid the town in full for all sums paid to the housing bank hereunder, including interest on any notes issued for such purpose, unless the town shall have appropriated sufficient funds for such purpose at a town meeting. SECTION 4E. Bonds and notes issued under the provisions of this act are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds and notes are hereby made securities that may properly and legally be deposited with and received by any state or municipal officer Page 138 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or obligations of the Commonwealth is now or may hereafter is hereby authorized by law. SECTION 4F. Notwithstanding any of the provisions of this act or any recitals in any bonds or notes issued under this act, all such bonds and notes shall be deemed to be investment securities under the Uniform Commercial Code. SECTION 4G. The Housing Bank's revenues and income will be used solely for the furtherance of its public purposes and shall be exempt from taxation. The Housing Bank and all its revenues, income and real and personal property used solely by the Housing Bank in furtherance of its public purposes from the date of acquisition thereof, shall be exempt from taxation and from betterments and special assessments and the Housing Bank shall not be required to pay any tax, excise or assessment to or for the Commonwealth or any of its political subdivisions. Bonds and notes issued by the Housing Bank, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation within the Commonwealth. SECTION 4H. With authorization of an annual or special town meeting of the town of Nantucket as provided for in section 4C of this Act, bonds and notes may be issued under this act without obtaining the consent of any department, division, commission, board, bureau or agency of the town or county of Nantucket, except that the full faith and credit of the town or county of Nantucket shall not be pledged for the payment of such bonds or notes unless such pledge shall have been authorized by a two-thirds vote as provided in this Act, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required therefore by this act. The validity of and security for any bonds and notes issued by the housing bank shall not be affected by the existence or nonexistence of any such consent or other proceedings, conditions or things. SECTION 5. The Nantucket Community Housing Bank shall be a funding agency only, but may acquire by purchase, lease or gift offices for its operation, and may enter into leasebacks, mortgages or other loans for this purpose. Upon receiving applications from eligible applicants in a competitive process which will include public notice of funding availability, and in a form prescribed by the commission, and upon compliance with the provisions of section 4A of this Act, the housing bank will provide funding for eligible community housing activities as defined below, while respecting special Nantucket habitats and rural character. The housing bank shall, wherever possible, give preference to (a) the reuse of existing buildings, and (b) construction of new buildings on previously developed sites. Eligible community housing activities for receipt of funding shall include, but not be limited to, the following: (a) Purchase and rehabilitation of existing structures for rental or home ownership; (b) Construction of rental or home ownership housing and necessary on-site or off site infrastructure, including mixed use development; (c) Purchase of land, and any and all improvements including easements; (d) Down payment assistance, grants and soft second loans; Page 139 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (e) Rental assistance programs; (f) Modernization and capital improvements of existing rental and ownership housing; (g) Creation of apartments and other ancillary housing; (h) Housing counseling, predevelopment costs and technical assistance associated with creating community housing projects and programs; and (i) Mixed -use development projects. SECTION 6. All housing units created by funding from a housing bank under this act shall be deed restricted in perpetuity for use as community housing as defined in section 1 of this act, except in cases when the housing bank commission determines that a deed restriction is not feasible, and except in cases when the housing bank commission makes a finding that such a deed restriction would delay, prevent or otherwise defeat the purpose of developing and making available to the public Community Housing. SECTION 7A. The Housing Bank Commission shall meet its financial obligations by drawing upon a fund to be set up as a revolving or sinking account of the housing bank commission in the treasury of the Town of Nantucket. Deposits into the Nantucket Housing Fund shall include (a) funds appropriated, borrowed or transferred to be deposited into the fund by vote of the county commissioners of Nantucket county or of the town meeting; (b) voluntary contributions of money and other liquid assets to the fund; and (c) revenues from fees imposed upon the transfer of real property interests under section 9 occurring on Nantucket after the effective date of this act as set forth in section 15. Grants or gifts of money or other assets to the housing bank shall be subject to any restrictions or limitations imposed by the grantor or donor. All expenses lawfully incurred by the Housing Bank Commission in carrying out this act shall be evidenced by proper vouchers and shall be paid by the treasurer of the town of Nantucket only upon submission of warrants duly approved by the housing bank commission. The housing bank commission treasurer shall prudently invest available assets of the fund under the regulations and procedures adopted by the housing bank commission under clause (f) of section 4A, and all income from investments shall accrue to the fund. SECTION 7B. The Housing Bank Commission is authorized to enter into one or more agreements with the Nantucket Land Bank Commission established by chapter 669 as amended of the acts and resolves of 1983 by which agreements the housing bank may delegate to the Nantucket Land Bank Commission the administration and management of collection of the fee described in section 9 of this act, including but not limited to the record keeping duties pursuant to section 8 of this act, the receipt of money pursuant to section 9 of this act, the processing of applications for exemptions pursuant to section 11 of this act or processing applications for refunds pursuant to section 10 of this act, the imposition of interest or penalties pursuant to section 12 of this act, and the sending of notices and conduct of hearings pursuant to section 13 of this act, and provide for compensation or reimbursement of costs incurred by such Nantucket Land Bank Commission from funds so collected. SECTION 8. The housing bank commission shall keep a full and accurate account of its actions including a record of when, from or to whom, and on what account money has been paid or received under this act. These records shall be subject to examination by the director of Page 140 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions accounts or the director's agent under section 45 of chapter 35 of the General Laws. There shall be an annual audit conducted by a duly recognized accounting firm, and a copy of that audit shall be distributed to the Board of Selectmen of the Town of Nantucket. However, schedules of beneficiaries of trusts, lists of stockholders of corporations, lists of partners, partnership agreements, tax returns, and other materials deemed by the Commission to be private to a particular entity or individual, which are filed with the Commission for the purposes of determining or fixing the amount of fee imposed by this Act for any transfer or for the purpose of determining the existence of any exemption pursuant to this act shall not be public records for the purposes of section 10 of chapter 66 of the General Laws. SECTION 9. There is hereby imposed a fee equal to one per cent of the purchase price upon the transfer of any interest in real property located within the Town of Nantucket. The fee shall be the liability of the seller of the real property interest, and any agreement between the purchaser and the seller or any other person with reference to the allocation of the responsibility for bearing this fee shall not affect the liability of the seller. This fee shall be paid to the Nantucket Community Housing Bank Commission or its designee. Fees shall be accompanied by a copy of the deed or other instrument evidencing the transfer, if any, and an affidavit signed under oath or under the pains and penalties of perjury by the seller or the seller's legal representative, attesting to the true and complete purchase price and the basis, if any, upon which the transfer is claimed to be exempt in whole or in part from the fee imposed. The Housing Bank Commission, or its designee, shall promptly execute and issue a certificate stating that the appropriate fee has been paid or that the transfer is exempt from the fee and stating the basis for the exemption. The register of deeds for Nantucket county, and the assistant recorder for the registry district of Nantucket county, shall not record or register, or receive or accept for recording or registration, any deed, except a mortgage deed, for any real property interest located in Nantucket unless this certificate is attached. Failure to comply with this requirement shall not affect the validity of any instrument. The Housing Bank commission shall deposit all fees received under this section with its treasurer as part of the fund established by section 7A. The fee imposed under this section shall be due at the time of transfer of the real property interest. SECTION 10. At any time within seven days after the issuance of the certificate of payment of the fee imposed by section 9, the seller or the seller's legal representative may return the certificate to the Housing Bank Commission or its designee for cancellation, together with an affidavit signed under oath or under the pains and penalties of perjury that the transfer has not been consummated. After receiving this certificate and affidavit, the housing bank commission shall in due course return the fee to the seller or the seller's legal representative. SECTION 11. The following transfers of real property interests shall be exempt from the fee established by section 9. Except as otherwise provided, the seller shall have the burden of proof that any transfer is exempt under this section and any otherwise exempt transfer shall not be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by Section 9. (-a-) Transfers to the government of the United States , the commonwealth, and any of their instrumentalities, agencies or subdivisions, including but not limited to transfers to the Town of Page 141 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Nantucket, the County of Nantucket, and/or the Nantucket Land Bank Commission established pursuant to chapter 669 of the Acts of 1983 as amended or the Housing Bank established by this Act. (-b-) Transfers which, without additional consideration, confirm, correct, modify or supplement a transfer previously made. (-c-) Transfers made as gifts without consideration. In any proceeds to determine the amount of any fee due hereunder, it shall be presumed that any transfer for consideration of less than fair market value of the real property interests transferred was made as a gift without consideration to the extent of the difference between the fair market value of the real property interests transferred and the amount of consideration claimed by the seller to have been paid or transferred, if the purchaser shall have been at the time of transfer the spouse, the lineal descendant, or the lineal ancestor of the seller, by blood or adoption, and otherwise it shall be presumed that consideration was paid in an amount equal to the fair market value of the real property interests transferred, at the time of transfer. (-d-) Transfer to the trustees of a trust in exchange for a beneficial interest received by the seller in such trust; distributions by the trustees of a trust to the beneficiaries of such trust. (-e-) Transfers by operation of law without actual consideration, including but not limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property interest. (-f-) Transfers made in partition of land and improvements thereto, under chapter two hundred and forty-one of the General Laws. (-g-) Transfers to any charitable organization as defined in clause Third of section five of chapter fifty-nine of the General Laws, or any religious organization, provided that the real property interests so transferred will be held by the charitable or religious organization solely for its public charitable or religious purposes. (-h-) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and transfers of the property subject to a mortgage to the mortgagee in consideration of the forbearance of the mortgagee from foreclosing said mortgage. (-i-) Transfers made to a corporation or partnership or limited liability company at the time of its formation, pursuant to which transfer no gain or loss is recognized under the provisions of section three hundred and fifty-one or seven hundred and twenty-one of the Internal Revenue Code of 1986, as amended; provided, however, that such transfer shall be exempt only in the event that (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. (-j-) Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property received) which is the same fraction of the total property of the transferor corporation as the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives property (including real property interests and other property received) which is the same fraction of the property of the Page 142 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the transferee. (-k-) Transfers consisting of the division of marital assets under the provisions of section thirty- four of chapter two hundred and eight of the General Laws or other provisions of law. (-l-) Transfers of property consisting in part of real property interests situated in Nantucket County and in part of other property interests, to the extent that the property transferred consists of property other than real property situated in Nantucket county; provided that the purchaser shall furnish the Commission with such information as it shall require or request in support of the claim of exemption and manner of allocation of the consideration for such transfers. (-m-) The first $2 million of the sale price of any transfer or series of transfers of real property interests in a single parcel. Said exemption may be adjusted for inflation as determined tri- annually by vote of the majority of the Nantucket Community Housing Bank commission. For purposes of this subsection, "inflation" shall mean the increases, if any, in the total of prices paid for real property transfers year to year for real property within the Town of Nantucket. (-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability companies which are publicly traded, which trades are not part of a series of transfers which together constitute a transfer of control of a corporation, trust, partnership or limited liability company. SECTION 11A. To be consistent with the Nantucket Community Housing Bank Act, 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 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." Page 143 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (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 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. SECTION 12. A seller who fails to pay all or any portion of the fee established by section 9 on or before the time when the fee is due shall be liable for the following additional payments in addition to the fee: (a) Interest. The seller shall pay interest on the unpaid amount of the fee to be calculated from the time of transfer at a rate equal to prime rate at the time of transfer plus 1 per cent per annum, adjusted each year in accordance with changes in prime rate. Page 144 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (b) Penalties. Any person who, without fraud or willful intent to defeat or evade a fee imposed by section 9, fails to pay all or a portion of the fee within 30 days after the time of transfer, shall pay a penalty equal to five per cent of the outstanding fee as determined by the housing bank commission for each month or portion of a month that the fee is not paid in full, but in no event shall the amount of any penalty imposed under this paragraph exceed 25 per cent of the unpaid fee due at the time of transfer. Whenever the housing bank commission determines that all or a portion of a fee due under section 9 was unpaid due to fraud with intent to defeat or evade the fee, a penalty equal to the amount of the fee as determined by the housing bank commission shall be paid by the seller in addition to the fee. SECTION 13A. (a) The Housing Bank Commission shall notify a seller by registered or certified mail of any failure to discharge in full the amount of the fee due under section 9 and any penalty or interest assessed. The Housing Bank Commission shall grant a hearing on the matter of the imposition of the fee, or of any interest or penalty assessed, if a petition requesting a hearing is received by the Housing Bank Commission within 30 days after the mailing of the notice. If the Commission has determined that a fee is due by asserting the application of the evasion of fee doctrine described in section 11 of this Act, then the seller shall have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the transaction possessed both: (i) a valid, good faith business purposes other than avoidance of the fee set forth in section 9 of this Act and (ii) economic substance apart from the asserted fee avoidance benefit. In all such cases the seller 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 9 to be thereby avoided. The Housing Bank Commission shall notify the seller in writing by registered or certified mail of its determination concerning the deficiency, penalty or interest within 15 days after the hearing. Any party aggrieved by a determination of the Housing Bank Commission concerning a deficiency, penalty or interest may, after payment of the deficiency, appeal to the district or superior court within 3 months after the mailing of notification by the Housing Bank Commission. Upon the failure to timely petition for a hearing, or appeal to the court, within the time limits established in this paragraph, the seller shall be bound by the terms of the notification, assessment or determination, and shall be barred from contesting the fee or any interest and penalty, as determined by the Housing Bank Commission. All decisions of these courts shall be subject to appeal. Every notice to be given under this section by the Housing Bank Commission shall be effective if mailed by certified or registered mail to the seller at any available legal address of the seller, or at the address stated in a recorded or registered instrument by virtue of which the seller holds any real property interest, the transfer of which gives rise to the fee which is the subject of the notice; and, if no address is stated or if the transfer is not evidenced by an instrument recorded or registered in the public records of Nantucket County, the notice shall be effective when mailed to the seller in care of any person appearing of record to have had a fee interest in the land at the time of the transfer, at the address of that person as set forth in an instrument recorded or registered in Nantucket County. (b) All fees, penalties and interest required to be paid under this act shall constitute a personal debt of the seller and may be recovered in an action of contract or in any other appropriate Page 145 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions action, suit or proceeding brought by the housing bank commission subject to chapter 260 of the General Laws. (c) Sellers applying for an exemption under subsections (a) through (n) of section eleven shall be required at the time of application for exemption to execute an agreement legally binding on sellers and separately legally binding upon any Legal Representative of the sellers (1) assuming complete liability for any fee, plus interest and penalties if any, waived on account of an allowed exemption subsequently determined to have been invalid, and (2) submitting to the jurisdiction of the trial court of the commonwealth sitting in Nantucket County. Fees, plus interest and penalties if any, shall be calculated as of the date of the initial property transfer. Execution of the above-described agreement shall not be required of any mortgagee, pledge, purchaser or judgment creditor unless notice of the agreement has been recorded or filed by the Housing Bank Commission. The Housing Bank Commission, without waiving any of its rights, may direct a civil action to be filed in the appropriate district or superior court division of the department of the trial court sitting in the Nantucket county to enforce the agreement of the housing bank commission under this section with respect to this liability or to subject any property of the delinquent seller, or in which the delinquent seller has any legal or beneficial right, title or interest, to the payment of this liability. The Housing Bank Commission may issue a waiver or release of any agreement imposed by this section. Such waiver or release shall be conclusive evidence that the agreement is extinguished. SECTION 13B. This act, being necessary for the welfare of the town and county of Nantucket and its inhabitants, shall be liberally construed to effect its purposes. SECTION 14. Any time after five years from the effective date of this act, the town may dissolve the housing bank by vote of the majority of the town members at town meeting, but the fee imposed by section 9 shall continue to be imposed until all funding commitments, including repayment of any bonds or notes, have been paid in full, and the Nantucket housing bank shall continue in existence during this time for the sole purpose of collecting and administering these fees. Upon dissolution of the Nantucket housing bank, title to all funds and other properties held by the housing bank shall vest in the town of Nantucket after provision is made for payment of all bonds, notes and other obligations of the housing bank. The Nantucket housing bank commission shall not submit an amendment of this act to the general court unless the amendment has been approved by the affirmative vote of a majority of the voters at a town meeting. SECTION 15. Acceptance of this act shall be by the affirmative vote of a majority of the voters at any regular or special town election, or a state election, at which the question of acceptance has been placed on the ballot. This act shall become effective on the date on which acceptance by the town has been effected. Or, to take any other action related thereto. (Board of Selectmen) Page 146 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions NOTE: The above home rule petition was approved as Article 22 of the October 23, 2006 Special Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s petition to the General Court for a special act as voted pursuant to Article 22 of the October 23, 2006 Special Town Meeting be hereby reauthorized in the form as previously voted and printed again in this Warrant. ARTICLE 83 (Home Rule Petition: Sewer Act) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below 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, such legislation to read substantially as follows: AN ACT ESTABLISHING THE 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 Page 147 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions a separate Nantucket Sewer Commission is established by Town Meeting, any Selectman shall be eligible to serve as a member thereof. Town Meeting shall is hereby 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 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 148 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 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 three hundred dollars for the violation of any such rule or regulation. Such rules and regulations shall be available for public review at the Page 149 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 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. Or, to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 60 of the 2007 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s petition to the General Court for a special act as voted pursuant to Article 60 of the 2007 Annual Town Meeting be hereby reauthorized in the form as previously voted and printed again in this Warrant. Page 150 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 84 (Home Rule Petition: 1975 Roads) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below 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, such legislation to read substantially as follows: AN ACT AMENDING CHAPTER 434 OF THE ACTS OF 1975 REGARDING ROADS ON NANTUCKET SECTION 1: The existing text of Chapter 434 of the Acts of 1975 allowing for the validity of the laying out, alteration, relocation, discontinuance, or acceptance of certain ways despite any failure to comply with final recording requirements as provided in Chapter 82 of the General Laws, is hereby amended inserting the words “Section One” in front thereof; SECTION 2: There is hereby added a new section 2 to Chapter 434 of the Acts of 1975 that reads as follows: The ways listed in Section 1 are to be deemed to include the entire width of the layout as approved by the Board of Selectmen and voted by the Town on Nantucket in Article 17 (“Article”) of the Annual Town Meeting in the year 1975 and any reference therein to “Paved Sections” for those ways listed below is now established to be only for the purpose of identifying the length of those ways, as each existed in 1975, which were to have the benefit of Chapter 434 to correct any failure to comply with final recording requirements. In the event the Paved Sections of those ways differed in width from the layout plans of record at that time, the Article and Chapter 434, are deemed not to alter any street layout as to width. If a Paved Section, as each existed in 1975, was not paved to the full width of the corresponding dimensional plan of record laying out said street, the Article and Chapter 434 are deemed not to exclude the unpaved shoulders of that way, if such were included in the corresponding layout plan. The term “Paved Sections” in the Article was used only to identify the length of the street subject to Chapter 434. “Paved Sections” of the following ways: Bartlett Road; Beach Walk; Cambridge Street (North of Madaket Road); Cato Lane; Coffin Way; Cornish Street; Eel Point Road; Henry Street; James Street: Johnson Street; Low Beach Road; Macy Lane; Somerset Road; Vestal Street Extension; Washington Avenue; Washington Street Extension; Wesco Place (plus 40). SECTION 3: This act to take effect upon passage. Or, to take any other action related thereto. (Board of Selectmen) Page 151 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions NOTE: The above home rule petition was approved as Article 67 of the 2006 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s petition to the General Court for a special act as voted pursuant to Article 67 of the 2006 Annual Town Meeting be hereby reauthorized in the form as previously voted and printed again in this Warrant. ARTICLE 85 (Home Rule Petition: Real Estate Conveyance by County) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below 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, such legislation to read substantially as follows: 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: (1) 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 (2) 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. Or, to take any other action related thereto. (Board of Selectmen) Page 152 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions NOTE: The above home rule petition was approved as Article 64 of the 2007 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s petition to the General Court for a special act as voted pursuant to Article 64 of the 2007 Annual Town Meeting be hereby reauthorized in the form as previously voted and printed again in this Warrant. ARTICLE 86 (Home Rule Petition: Nantucket Islands Land Bank Act Amendment) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below 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, such legislation to read substantially as follows: AN ACT TO FURTHER CLARIFY THE NANTUCKET ISLANDS LAND BANKACT REGARDING REAL PROPERTY INTERESTS SUBJECT TO THE LAND BANK ACT'S TRANSFER FEE SECTION 1. 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 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. Page 153 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (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 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 Page 154 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 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) NOTE: The above home rule petition was approved as Article 61 of the 2007 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2008, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s petition to the General Court for a special act as voted pursuant to Article 60 of the 2007 Annual Town Meeting be hereby reauthorized in the form as previously voted and printed again in this Warrant. ARTICLE 87 (Home Rule Petition – 7 Miacomet Road) 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 the Town of 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. AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE 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 that certain property being part of the parcel of land identified as Town of Nantucket Assessor Map 67, Parcel 345, addressed 7 Miacomet Road and shown as “Lot A 20,806 s.f.” on that certain plan entitled “Exhibit A Plan in Nantucket, Mass., Prepared for Town of Nantucket” and dated January 18, 2008, or any portion thereof. Section 2. This act shall take effect upon its passage. Or, to take any other action related thereto. (Board of Selectmen) Page 155 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court be instructed 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. AN ACT APPROVING THE TOWN OF NANTUCKET TO USE, SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE 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 that certain property being part of the parcel of land identified as Town of Nantucket Assessor Map 67, Parcel 345, addressed 7 Miacomet Road and shown as “Lot A 20,806 s.f.” on that certain plan entitled “Exhibit A Plan in Nantucket, Mass., Prepared for Town of Nantucket” and dated January 18, 2008, or any portion thereof. Section 2. This act shall take effect upon its passage. ARTICLE 88 (Acceptance of MGL Regarding Military Pay/Town Pay) To see if the Town will vote to accept the provisions of c. 77 of the Acts of 2005, which provides as set forth below: “An employee eligible under this section shall be paid his regular base salary as a public employee for each pay period of military leave of absence after September 11, 2001, reduced by any amount received from the United States as base pay for military service performed during the same pay period. For purposes of this section, base pay shall not include any allowances, overtime pay, shift differential pay, hazardous duty pay or any other additional compensation received for military service.” Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that chapter 77 of the Acts of 2005 is hereby accepted. Page 156 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 89 (Acceptance of MGL Regarding Attendance of Municipal Board Members) To see if the Town will vote to accept the provisions of c. 39, s. 23D(a) of the General Laws, which provides as set forth below: “Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify in writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements.” Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that chapter 39, s. 23D(a) of the General Laws is hereby accepted. ARTICLE 90 (Acceptance of MGL Regarding “Streamlined Permitting”) To see if the Town will vote to accept the provisions of c. 43D of the General Laws, as amended pursuant to s. 11 of c. 205 of the Acts of 2006; and, to approve the filing of an application with the Interagency Permitting Board for the designation of land at “Proposed Downtown Redevelopment Sites” as a Priority Development Site and consisting of the following parcels: Map Lot Number Street 42.3.1 37 10 New Whale Street 42.3.1 91 5 Candle Street 42.3.1 92 1 Candle Street 42.3.1 230 6 Commercial Street 42.3.1 142 10 Washington Street 42.3.1 143 12 Washington Street 42.3.1 87 2 New Whale Street 42.3.1 88 4 New Whale Street 42.3.1 89 9 Salem Street 42.3.1 90 8 New Whale Street 42.3.1 140 15 Candle Street 42.3.1 141 7 Salem Street Page 157 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 42.3.1 228 Straight Wharf 42.3.1 229 9 Salem Street 42.3.1 11.1 17 S. Water Street 42.3.1 11.2 18 Easy Street All as shown on a map entitled “Warrant Article 90: Priority Development Site – Proposed Downtown Redevelopment Sites” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the provisions of c. 43D of the General Laws, as amended pursuant to s. 11 of c. 205 of the Acts of 2006 be accepted; and, that the Board of Selectmen be authorized to file an application with the Interagency Permitting Board of the Commonwealth of Massachusetts for the designation of land at “Proposed Downtown Redevelopment Sites” as a Priority Development Site and consisting of the following parcels: Map Lot Number Street 42.3.1 37 10 New Whale Street 42.3.1 91 5 Candle Street 42.3.1 92 1 Candle Street 42.3.1 230 6 Commercial Street 42.3.1 142 10 Washington Street 42.3.1 143 12 Washington Street 42.3.1 87 2 New Whale Street 42.3.1 88 4 New Whale Street 42.3.1 89 9 Salem Street 42.3.1 90 8 New Whale Street 42.3.1 140 15 Candle Street 42.3.1 141 7 Salem Street 42.3.1 228 Straight Wharf 42.3.1 229 9 Salem Street 42.3.1 11.1 17 S. Water Street 42.3.1 11.2 18 Easy Street All as shown on a map entitled “Warrant Article 90: Priority Development Site – Proposed Downtown Redevelopment Sites” dated January 2008 and February 2008 and filed herewith at the Office of the Town Clerk. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. Page 158 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 91 (Acceptance of MGL Regarding “Streamlined Permitting”) To see if the Town will vote to accept the provisions of c. 43D of the General Laws, as amended pursuant to s. 11 of c. 205 of the Acts of 2006; and, to approve the filing of an application with the Interagency Permitting Board for the designation of land at “2 Fairgrounds Road Property” as a Priority Development Site and consisting of the following parcels: Map Lot Number Street 55 906 Fairgrounds Road 67 40 2 Fairgrounds Road 67 700 2 Ticcoma Way 67 701 4 Ticcoma Way 67 702 6 Ticcoma Way 67 703 8 Ticcoma Way 67 704 10 Ticcoma Way 67 705 12 Ticcoma Way 67 706 14 Ticcoma Way 67 707 16 Ticcoma Way 67 708 18 Ticcoma Way 67 709 1 Waitt Drive 67 710 16 Vincent Circle 67 711 14 Vincent Circle 67 712 12 Vincent Circle 67 713 10 Vincent Circle 67 714 8 Vincent Circle 67 715 6 Vincent Circle 67 716 4 Vincent Circle 67 717 2 Vincent Circle 67 718 3 Waitt Drive 67 719 5 Waitt Drive 67 720 7 Waitt Drive 67 721 9 Waitt Drive 67 722 11 Waitt Drive 67 723 13 Waitt Drive 67 724 15 Waitt Drive 67 725 18 Waitt Drive 67 726 1 Vincent Circle 67 727 10 Waitt Drive 67 728 3 Vincent Circle Page 159 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 67 729 12 Waitt Drive 67 730 5 Vincent Circle 67 731 14 Waitt Drive 67 732 7 Vincent Circle 67 733 16 Waitt Drive 67 734 9 Vincent Circle 67 735 18 Waitt Drive 67 736 11 Vincent Circle 67 737 20 Waitt Drive 67 738 13 Vincent Circle 67 739 22 Waitt Drive 67 740 15 Vincent Circle 67 741 31 Waitt Drive 67 742 29 Waitt Drive 67 743 27 Waitt Drive 67 744 25 Waitt Drive 67 745 23 Waitt Drive 67 746 21 Waitt Drive 67 747 19 Waitt Drive 67 748 17 Pine Lands Drive 67 749 19 Pine Lands Drive 67 750 23 Pine Lands Drive 67 751 25 Pine Lands Drive 67 752 3 Pine Lands Drive 67 753 5 Pine Lands Drive 67 754 9 Pine Lands Drive 67 755 13 Pine Lands Drive All as shown on a map entitled “Warrant Article 91: Priority Development Site – 2 Fairgrounds Road Property” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the provisions of c. 43D of the General Laws, as amended pursuant to s. 11 of c. 205 of the Acts of 2006 be accepted; and, that the Board of Selectmen be authorized to file an application with the Interagency Permitting Board of the Page 160 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Commonwealth of Massachusetts for the designation of land at “2 Fairgrounds Road” as a Priority Development Site and consisting of the following parcels: Map Lot Number Street 55 906 Fairgrounds Road 67 40 2 Fairgrounds Road 67 700 2 Ticcoma Way 67 701 4 Ticcoma Way 67 702 6 Ticcoma Way 67 703 8 Ticcoma Way 67 704 10 Ticcoma Way 67 705 12 Ticcoma Way 67 706 14 Ticcoma Way 67 707 16 Ticcoma Way 67 708 18 Ticcoma Way 67 709 1 Waitt Drive 67 710 16 Vincent Circle 67 711 14 Vincent Circle 67 712 12 Vincent Circle 67 713 10 Vincent Circle 67 714 8 Vincent Circle 67 715 6 Vincent Circle 67 716 4 Vincent Circle 67 717 2 Vincent Circle 67 718 3 Waitt Drive 67 719 5 Waitt Drive 67 720 7 Waitt Drive 67 721 9 Waitt Drive 67 722 11 Waitt Drive 67 723 13 Waitt Drive 67 724 15 Waitt Drive 67 725 18 Waitt Drive 67 726 1 Vincent Circle 67 727 10 Waitt Drive 67 728 3 Vincent Circle 67 729 12 Waitt Drive 67 730 5 Vincent Circle 67 731 14 Waitt Drive Page 161 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 67 732 7 Vincent Circle 67 733 16 Waitt Drive 67 734 9 Vincent Circle 67 735 18 Waitt Drive 67 736 11 Vincent Circle 67 737 20 Waitt Drive 67 738 13 Vincent Circle 67 739 22 Waitt Drive 67 740 15 Vincent Circle 67 741 31 Waitt Drive 67 742 29 Waitt Drive 67 743 27 Waitt Drive 67 744 25 Waitt Drive 67 745 23 Waitt Drive 67 746 21 Waitt Drive 67 747 19 Waitt Drive 67 748 17 Pine Lands Drive 67 749 19 Pine Lands Drive 67 750 23 Pine Lands Drive 67 751 25 Pine Lands Drive 67 752 3 Pine Lands Drive 67 753 5 Pine Lands Drive 67 754 9 Pine Lands Drive 67 755 13 Pine Lands Drive All as shown on a map entitled “Warrant Article 91: Priority Development Site – 2 Fairgrounds Road Property” dated January 2008 and filed herewith at the Office of the Town Clerk. BOARD OF SELECTMENT COMMENT: The Board supports the Finance Committee Motion. ARTICLE 92 (Acceptance of MGL Regarding “Streamlined Permitting”) To see if the Town will vote to accept the provisions of c. 43D of the General Laws, as amended pursuant to s. 11 of c. 205 of the Acts of 2006; and, to approve the filing of an application with the Interagency Permitting Board for the designation of land at “Proposed Industrial Development Area – Bunker Road” as a Priority Development Site and consisting of the following parcels: Page 162 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 78 Portion of 1 14 Airport Road 78 Portion of 2 Macys Lane 78 Portion of 3 Airport Property 78 Portion of 4 Airport Property 78 Portion of 5 Airport Property 78 1.2 36R Bunker Road 78 2.1 30 Bunker Road 78 2.2 44 Bunker Road 78 2.3 36 Bunker Road 78 2.4 35 Bunker Road 78 2.7 32 Bunker Road 78 2.8 40 Bunker Road 78 2.9 42 Bunker Road 69 6 22 Bunker Road 70 3 Hinsdale Road All as shown on a map entitled “Warrant Article 92: Priority Development Site – Proposed Industrial Development Area - Bunker Road” dated January 2008 and filed herewith at the Office of the Town Clerk. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the provisions of c. 43D of the General Laws, as amended pursuant to s. 11 of c. 205 of the Acts of 2006 be accepted; and, that the Board of Selectmen be authorized to file an application with the Interagency Permitting Board of the Commonwealth of Massachusetts for the designation of land at “Proposed Industrial Development Area – Bunker Road” as a Priority Development Site and consisting of the following parcels: Map Lot Number Street 78 Portion of 1 14 Airport Road 78 Portion of 2 Macys Lane 78 Portion of 3 Airport Property 78 Portion of 4 Airport Property 78 Portion of 5 Airport Property 78 1.2 36R Bunker Road 78 2.1 30 Bunker Road 78 2.2 44 Bunker Road 78 2.3 36 Bunker Road 78 2.4 35 Bunker Road 78 2.7 32 Bunker Road 78 2.8 40 Bunker Road Page 163 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions 78 2.9 42 Bunker Road 69 6 22 Bunker Road 70 3 Hinsdale Road All as shown on a map entitled “Warrant Article 92: Priority Development Site – Proposed Industrial Development Area - Bunker Road” dated January 2008 and revised February 2008 and filed herewith at the Office of the Town Clerk. BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee Motion. ARTICLE 93 (Residency Requirement for Town Pier Slips) This article would provide regulation limiting applications to the Nantucket Harbor Master for Town of Nantucket Dock boat slips to citizens using Nantucket as their primary residence. This would limit annual town boat slip applications to year-round residents of Nantucket. (Daniel Balling, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 94 (Requirement for Use of Cobblestones) To see if the Town will vote to require the use of cobblestones in the Old Historic District whenever repaving any road is necessary. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 95 (Requirement for Renewable Energy Components) To see if the Town will vote to require all new Town buildings and Town-sponsored buildings, including any buildings built on Town-owned property, started and built after the approval of this article, both residential and non-residential, to be outfitted with renewable energy components for heat, hot water and electricity, and that the buildings themselves be built with conservation and environmentally friendly materials and practices following LEED certification guidelines. That the Board of Selectmen appoint a committee to specifically deal Page 164 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions with only this issue, to act as information and source gatherers and guides, to help the Town in it’s choice and selection from the different available types of renewable energy for each individual building. (Deborah Timmermann, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 96 (Requirement for Registration with Nantucket Historical Commission) To see if the Town will vote to require Contractors to register with the Town via the Nantucket Historical Commission (NHC) before starting work on any structure predating 1900 anywhere on the Island of Nantucket, and be required to re-register monthly until completion of said project, to be required to file with the NHC copies of all permits and approvals from the Historic District Commission (HDC) and the Building Department before starting said project, including copies of their Worker’s Compensation and Liability Insurance. The project should be subject to review at the discretion of the Nantucket Historical Commission. The fee to work on any structure predating 1900 should be charged at a rate of $250 for every month of work on that project, payable monthly, not to exceed a period of two years. In review of the issued permits and approvals at any point in the building process, should the NHC find the contractor has wavered from those permits and approvals, the NHC would issue notice to the Building Department to issue a cease and desist order to the Contractor. Should the Contractor not comply, a fine of $1,000 per business day should be charged to the Contractor, with interest charged at 12% per year, compounded monthly. On-island-based Contractors should be subject to a waiver of the monthly fee only as long as they comply with all of the other aspects of this article. (Deborah Timmermann, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 97 (Separate Board of Health) To see if the Town will vote to amend existing Town health regulations, as required, to establish a separate Board of Health for the Town of Nantucket, composed of 5 members, three of which must be in a health or health-related technical field (e.g., medical, nursing, lab technician, pharmacist, engineering, sanitation, surveying, etc.). Members of the Board of Health shall be appointed by the Board of Selectmen for staggered three-year terms, effective with passage of this Article. Page 165 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (Curtis Barnes, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: The Committee believes that the concept of a separate Board of Health has merit. It recommends that the concept be revisited in the near future by the Board of Selectmen and Town Administration to explore all facets involved and to specify membership requirements and board responsibilities. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 98 (Change of Term for Planning Board Members) To see if the Town will vote by whatever means, including a by-law amendment, a charter change, or a legislative law change pursuant to Article 77 of the 1928 Town Meeting and Article 92 of the 1955 Town Meeting, under the provisions of Section 81-A of Chapter 41 of the General Laws, to amend the terms of the members of the five member Planning Board from five years to three years as follows: At the 2008 annual town election, there shall be elected one member to serve three years; at the 2009 annual town election, there shall be elected one member to serve three years; at the 2010 annual town election, there shall be elected two members to serve three years; at the 2011 annual town election, there shall be elected two members to serve three years; at the 2012 annual town election, there shall be elected two members for three years; at the 2013 annual town election, there shall be elected one member to serve three years; and thereafter, for two consecutive years, there shall be elected at the annual town election, two members of such board to serve the term of three years, and every third year shall be elected at the annual town election, one member of such board to serve for the term of three years. (Joan S. Barnes, et al) FINANCE COMMITTEE MOTION: Moved that pursuant to the provisions of Section 81-A of Chapter 41 of the General Laws, that the terms of the members of the five member Planning Board are hereby changed from five years to three years as follows: At the 2009 annual town election, there shall be elected one member to serve three years; at the 2010 annual town election, there shall be elected one member to serve three years; at the 2011 annual town election, there shall be elected two members to serve three years; at the 2012 annual town election, there shall be elected two members to serve three years; at the 2013 annual town election, there shall be elected two members for three years; at the 2014 annual town election, there shall be elected one member to serve three years; and thereafter, for two consecutive years, there shall be elected at the annual town election, two members of such board to serve the term of three years, and every third year shall be elected at the annual town election, one member of such board to serve for the term of three years. Page 166 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT: The Board of Selectmen does not support the Finance Committee Motion. ARTICLE 99 (Establishment of Agricultural Commission) To see if the Town will vote to establish an Agricultural Commission to represent the Nantucket farming community. Said Commission once appointed shall develop a work plan to guide its activities. Such activities include, but are not limited, to the following: shall serve as facilitators for encouraging the pursuit of agriculture in Nantucket; shall promote agricultural-based economic opportunities in Town; shall act as mediators, advocates, educators, and/or negotiators on farming issues, shall work for preservation of prime agricultural lands; and shall pursue all initiatives appropriate to creating a sustainable agricultural community. The Commission shall consist of seven members appointed by the Board of Selectmen. The Commission will consist of a minimum of four members whose prime source of income is derived from farming or agricultural-based enterprises in Nantucket and another three who are interested in farming. Three members for a term of three years; two members for a term of two years and three thereafter; and two members for a one year term, and three years thereafter. The appointing authority shall fill a vacancy based on the unexpired term of the vacancy in order to maintain the cycle of appointments, based on recommendations of the Commission. 1. Appointing Authority: Board of Selectmen 2. Establish number of members of Commission: 7 plus 5 alternates 3. Establish terms of service: staggered, see article 4. Establish whether members must be Town Residents: No 5. Method for filling vacancies: Board of Selectmen 6. Purpose of the Commission: To represent the Nantucket farming Community 7. Guiding Principles for Commission Appointment: Members should: represent Town geographically, represent the diversity and scale of agricultural businesses, represent the diversity of the Town’s population, encourage next generation of small growers and farmers. The overall intent is to be inclusive not exclusive. Mission: Promote agricultural-based economic opportunities; preserve, revitalize and sustain the Nantucket agricultural industry, and encourage the pursuit of agriculture as a career opportunity and lifestyle. Page 167 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions (Heather Coffin, et al) FINANCE COMMITTEE MOTION: Moved that an Agricultural Commission be established to represent the Nantucket farming community; the mission of which Commission shall be to promote agricultural-based economic opportunities; preserve, revitalize and sustain the Nantucket agricultural industry, and encourage the pursuit of agriculture as a career opportunity and lifestyle. Said Commission once appointed shall develop a work plan to guide its activities. Such activities include, but are not limited, to the following: shall serve as facilitators for encouraging the pursuit of agriculture in Nantucket; shall promote agricultural-based economic opportunities in Town; shall act as mediators, advocates, educators, and/or negotiators on farming issues, shall work for preservation of prime agricultural lands; and shall pursue all initiatives appropriate to creating a sustainable agricultural community. The Commission shall consist of seven members appointed by the Board of Selectmen. The Commission will consist of a minimum of four members whose prime source of income is derived from farming or agricultural-based enterprises in Nantucket and another three who are interested in farming. Three members for a term of three years; two members for a term of two years and three thereafter; and two members for a one year term, and three years thereafter. The appointing authority shall fill a vacancy based on the unexpired term of the vacancy in order to maintain the cycle of appointments, based on recommendations of the Commission. Guiding Principles for Commission Appointment: Members should: represent Town geographically, represent the diversity and scale of agricultural businesses, represent the diversity of the Town’s population, encourage next generation of small growers and farmers. The overall intent is to be inclusive not exclusive. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 100 (Naming of Cemeteries) To see if the Town will vote to fix an official name for two historic Town Cemeteries: For the land set aside on Mill Hill: A) The Colored Cemetery B) The Black People’s Cemetery C) The Mill Hill Cemetery For the land set aside on The Cliff: A) The Founders Cemetery B) The Settlers Burial Ground Page 168 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions C) Proprietors Burial Ground (Cindy Clarkson, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: The Board of Selectmen acting in its capacity as the Cemetery Commission should fix the official name for the two cemeteries at issue. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion and Comment. The Board has scheduled a public hearing for April 16, 2008 to invite public input regarding naming of the cemeteries in question. ARTICLE 101 (Historic District Commission: Solar Energy Systems Requirement) To see if the town will vote, pursuant to Section 9 (g) of Chapter 395 of the Acts of 1970, as amended, to require the Historical District Commission to adopt a policy encouraging solar energy systems, consistent with public policy as reflected in Chapter 40 A: Section 3, Chapter 40 A: Section 9B and Chapter 184: Section 23 C of the Massachusetts General Laws, to the maximum extent feasible without having a significant adverse impact upon its purpose of the preservation and protection of historic buildings, places and districts of historic interest. (Karen Alence, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 102 (Real Estate Disposition: Long-term Lease Authorization/VFW) To see if the Town will vote to: Extend the current Ground Lease dated July 16, 2003, between the Town of Nantucket and Veterans of Foreign Wars, Post 8608, for 22 Bunker Road a.k.a New South Road for an additional term of 25 years, so that VFW Post 8608 can pursue mortgage financing to finish constructing their new building. All other terms and conditions shall remain the same. (Leroy E. Anderson, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to extend the lease with the VFW for the property located at 22 Bunker Road, subject to G.L. chapter 30B, for an additional period so that the current lease term will be extended, so that the entire lease term, as extended, will total up to and including thirty (30) years. Page 169 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 103 (Real Estate Conveyance) To see if the Town will vote to authorize the Board of Selectmen to grant a conservation restriction upon, and to otherwise sell, convey or dispose of all or any interests the Town of Nantucket may have in, that certain parcel of land known as Assessor’s Map 69, Parcel 6, located at 22 Bunker Road, or any portion thereof, subject to G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to grant a conservation restriction upon, and to otherwise sell, convey or dispose of all or any interests the Town of Nantucket may have in, that certain parcel of land known as Assessor’s Map 69, Parcel 6, located at 22 Bunker Road, or any portion thereof, subject to G.L. c. 30B. ARTICLE 104 (Real Estate Disposition: Long-term Lease Authorization/58A Orange Street) To see if the Town will vote to authorize the Board of Selectmen to lease for a lease term not to exceed twenty (20) years, all or any portion of the property, known as Town of Nantucket Assessor Map 55.4.1, Parcel 79.2 and addressed 58A Orange Street, subject to Massachusetts G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to lease all or any portion of the property, known as Town of Nantucket Assessor’s Map 55.4.1, Parcel 79.2 with a street address of 58A Orange Street, subject to Massachusetts G.L. c. 30B, for a period not to exceed twenty (20) years, for affordable housing purposes. ARTICLE 105 (Real Estate Acquisition: Miller Lane) 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 all or any portions of certain land known as Miller’s Lane and shown as Lot B2 on Land Court Plan numbered 16514-B or any lesser interest therein, including, but not limited to, all rights of passage over such rights of way, for general municipal purposes and affordable housing purposes. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to acquire by purchase, gift, eminent domain or otherwise, the lesser title interest(s), including but not Page 170 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions limited to, all rights of passage over certain land known as Miller’s Lane and shown as Lot B2 on Land Court Plan numbered 16514-B that are contrary to or frustrate portions of the lot’s use for general municipal and affordable housing purposes. FINANCE COMMITTEE COMMENT: Although the Town of Nantucket owns this property, this Article authorizes the Town to acquire the property to confirm its title regarding certain easements that may exist that would be contrary to or frustrate the Town’s ability to use portions of this property. ARTICLE 106 (Real Estate Conveyance: Miller Lane) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise lawfully dispose all or part of that certain land known as Miller’s Lane and shown as Lot B2 on Land Court Plan numbered 16514-B or any lesser interest therein, subject to G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to table the Article. ARTICLE 107 (Real Estate Acquisition: Surfside) 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 all or any portions of those certain rights of way known as Woodbine Street, Holly Street, Pequot Street (formerly Orange Street) and Masquetuck Street and located between the southern sideline of Nonantum Avenue and the Atlantic Ocean, including but not limited to all rights of passage over such rights of way, for public ways and/or general municipal purposes. Or, to take any other action 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 all or any portions of those certain rights of way known as Woodbine Street, Holly Street, Pequot Street (formerly Orange Street) and Masquetuck Street and located between the southern sideline of Nonantum Avenue and the Atlantic Ocean, including but not limited to all rights of passage over such rights of way, for public ways and/or general municipal purposes. Page 171 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 108 (Real Estate Conveyance: Surfside) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, grant or otherwise transfer the fee title or lesser interest in portions of those certain rights of way known as Woodbine Street, Holly Street, Pequot Street (formerly Orange Street) and Masquetuck Street and located between the southern sideline of Nonantum Avenue and the Atlantic Ocean, or any portions thereof, subject to Massachusetts G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to sell, convey, grant or otherwise transfer the fee title or lesser interest in portions of those certain rights of way known as Woodbine Street, Holly Street, Pequot Street (formerly Orange Street) and Masquetuck Street and located between the southern sideline of Nonantum Avenue and the Atlantic Ocean, or any portions thereof, subject to Massachusetts G.L. c. 30B. ARTICLE 109 (Real Estate Acquisition: Surfside) 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, including but not limited to all rights of passage, in all or any of those portions of Poplar Street between Nonantum Avenue and Atlantic Avenue, Cherry Street (also known as Naushon Way Street) between Nonantum Avenue and Atlantic Avenue, Western Avenue from the sideline Western Avenue adjacent to Assessor Map 87, Parcel 59 (2 Western Avenue) to Atlantic Avenue, and Atlantic Avenue from the sideline of Atlantic Avenue adjacent to Assessor Map 87, Parcel 108 (3 Western Avenue) to Western Avenue, as shown on the plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket” dated January 23, 2008, prepared by Blackwell & Associates, Inc., P.L.S. and filed with the Town Planning Department, for general municipal purposes. Or, to take any other action 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, including but not limited to all rights of passage, in all or any of those portions of Poplar Street between Nonantum Avenue and Atlantic Avenue, Cherry Street (also known as Naushon Way Street) between Nonantum Avenue and Atlantic Avenue, Western Avenue from the sideline of Western Avenue adjacent to Assessor Map 87, Parcel 59 (2 Western Avenue) to Atlantic Avenue, and Atlantic Avenue from the sideline of Atlantic Avenue adjacent to Assessor Map 87, Parcel 108 (3 Western Avenue) to Western Avenue, as shown on the plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket” dated January 23, 2008, prepared by Blackwell & Associates, Inc., P.L.S. and filed, for general municipal purposes. Page 172 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 110 (Real Estate Conveyance: Surfside) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of all or any interests the Town of Nantucket may have in Poplar Street between Nonantum Avenue and Atlantic Avenue, Cherry Street (also known as Naushon Way Street) between Nonantum Avenue and Atlantic Avenue, Western Avenue from the sideline Western Avenue adjacent to Assessor Map 87, Parcel 59 (2 Western Avenue) to Atlantic Avenue, and Atlantic Avenue from the sideline of Atlantic Avenue adjacent to Assessor Map 87, Parcel 108 (3 Western Avenue) to Western Avenue, as shown on the plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket ” dated January 23, 2008 prepared by Blackwell & Associates, Inc., P.L.S. and filed with the Town Planning Department, for general municipal purposes. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of all or any interests the Town of Nantucket may have in Poplar Street between Nonantum Avenue and Atlantic Avenue, Cherry Street (also known as Naushon Way Street) between Nonantum Avenue and Atlantic Avenue, Western Avenue from the sideline of Western Avenue adjacent to Assessor Map 87, Parcel 59 (2 Western Avenue) to Atlantic Avenue, and Atlantic Avenue from the sideline of Atlantic Avenue adjacent to Assessor Map 87, Parcel 108 (3 Western Avenue) to Western Avenue, as shown on the plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket ” dated January 23, 2008 prepared by Blackwell & Associates, Inc., P.L.S., for general municipal purposes. ARTICLE 111 (Real Estate Acquisition) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise, the fee title or lesser title interests in the following parcels of land, together with any public and private rights of passage, for general municipal purposes, including but not limited to the use of the parcels for Surfside Beach public parking, and to confirm the Town’s title to such parcels: a certain parcel of land being part of the parcel known as Assessor’s Map 87, Parcel 105, having an area of approximately 2,500 square feet and being shown as Lot B on a certain plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket #160 Surfside Road, dated January 23, 2008”, prepared for Nonantum Nominee Trust, 160 Surfside Road, Assessor’s Map 87, Parcel 105 by Blackwell & Associates, Inc., P.L.S. and dated December 7, 2007; and that parcel of land known as Poplar Street from the southerly sideline of Nonantum Avenue to the northerly sideline of Atlantic Avenue. Or, to take any other action related thereto. (Board of Selectmen) Page 173 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to acquire by purchase, gift, eminent domain or otherwise, the fee title or lesser title interests in the following parcels of land, together with any public and private rights of passage, for general municipal purposes, including but not limited to the use of the parcels for Surfside Beach public parking, and to confirm the Town’s title to such parcels: a certain parcel of land being part of the parcel known as Assessor’s Map 87, Parcel 105, having an area of approximately 2,500 square feet and being shown as Lot B on a certain plan entitled “Exhibit Plan in Nantucket, MA prepared for Town of Nantucket #160 Surfside Road, dated January 23, 2008”, prepared for Nonantum Nominee Trust, 160 Surfside Road, Assessor’s Map 87, Parcel 105 by Blackwell & Associates, Inc., P.L.S. and dated December 7, 2007; and that parcel of land known as Poplar Street from the southerly sideline of Nonantum Avenue to the northerly sideline of Atlantic Avenue. ARTICLE 112 (Real Estate Acquisition: Old South Road) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain sewer and access easements over all or any portions of the following parcels located off Old South Road, as may be shown on that certain plan entitled “Right of Way Plan Old South Road Bike Path Land Located in Nantucket, Massachusetts (Nantucket County)”, dated December 31, 1999 and filed with the Nantucket County Registry of Deeds as Plan No. 19 of 2005 (“Plan”). Map Lot Number Street 68 430 7 Pine Crest Drive 68 424 27 Pine Crest Drive 68 422 35 Pine Crest Drive 68 434 102 ½ Old South Road Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to acquire by purchase, gift or eminent domain sewer and access easements over all or any portions of the following parcels located off Old South Road, as may be shown on that certain plan entitled “Right of Way Plan Old South Road Bike Path Land Located in Nantucket, Massachusetts (Nantucket County)”, dated December 31, 1999 and filed with the Nantucket County Registry of Deeds as Plan No. 19 of 2005 (“Plan”). Page 174 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 68 430 7 Pine Crest Drive 68 424 27 Pine Crest Drive 68 422 35 Pine Crest Drive 68 434 102 ½ Old South Road ARTICLE 113 (Real Estate Disposition: 7 Miacomet Road) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, dispose of or otherwise restrict to use as open space three sites located on portions of two parcels of land identified as Town of Nantucket Assessor’s Map 67, Parcels 679 and 680, addressed 7 Miacomet Road, shown on that certain plan entitled “Exhibit A Plan in Nantucket, Mass., Prepared for Town of Nantucket” and dated October 11, 2007, and further described on such plan as Lot B, the “Wild Rose Pasture Site” containing about 9,410 square feet, Lot C, the “Valley View Site” containing about 7,899 square feet, and Lot D, the “Poison Meadow Site” containing about 8,652 square feet. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to sell, convey, dispose of or otherwise restrict to use as open space three sites located on portions of two parcels of land identified as Town of Nantucket Assessor’s Map 67, Parcels 679 and 680, addressed 7 Miacomet Road, shown on that certain plan entitled “Exhibit A Plan in Nantucket, Mass., Prepared for Town of Nantucket” and dated October 11, 2007, and further described on such plan as Lot B, the “Wild Rose Pasture Site” containing about 9,410 square feet, Lot C, the “Valley View Site” containing about 7,899 square feet, and Lot D, the “Poison Meadow Site” containing about 8,652 square feet. ARTICLE 114 (Real Estate Acquisitions: Madaket) 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, including, but not limited to, all rights of passage over such rights of way, in those certain parcels of land described below, or any portions thereof, for general municipal purposes or open space: North Carolina Avenue between Starbuck Road and Oakland Avenue (a/k/a Goose Cove Avenue); Page 175 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions South Carolina Avenue between Columbus Avenue and Oakland Avenue (a/k/a Goose Cove Avenue); Columbus Avenue between Starbuck Road and Midland Avenue (a/k/a Wyoming Avenue); Midland Avenue between Columbus Avenue and the northwesterly sideline of Midland Avenue (e.g., where Midland Avenue crosses Midland Avenue/Wyoming Avenue and between Assessor Map 59.3, Parcels 93 and 163); Midland Avenue between Columbus Avenue and South Carolina Avenue (e.g. between Assessor's Map 59.3, Parcel 186 and 187). Or, to take any other action 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, including, but not limited to, all rights of passage over such rights of way, in those certain parcels of land described below, or any portions thereof, for general municipal purposes, including but not limited to, affordable housing: Portion of North Carolina Avenue between Starbuck Road and Oakland Avenue (a/k/a Goose Cove Avenue); As shown on a map entitled “Madaket Affordable Housing Site – Proposed Acquisition” dated February 2008. ARTICLE 115 (Real Estate Conveyances: Madaket) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose the fee or lesser interests of all or any portions of the following parcels of land, subject to Massachusetts G.L. c. 30B: North Carolina Avenue between Starbuck Road and Oakland Avenue (a/k/a Goose Cove Avenue); South Carolina Avenue between Columbus Avenue and Oakland Avenue (a/k/a Goose Cove Avenue); Columbus Avenue between Starbuck Road and Midland Avenue (a/k/a Wyoming Avenue); Midland Avenue between Columbus Avenue and the northwesterly sideline of Midland Avenue (e.g., where Midland Avenue crosses Midland Avenue/Wyoming Avenue and between Assessor Map 59.3, Parcels 93 and 163); Page 176 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions Midland Avenue between Columbus Avenue and South Carolina Avenue (e.g. between Assessor's Map 59.3, Parcel 186 and 187); Parcels known as Assessor Map 59.3, Lots 198 and 199 and shown as Lots 18 and 19 of Block 143 on Nantucket County Registry District of the Land Court Plan 3092-H; Parcels known as Assessor Map 59.3, Lots 225 and 226 and shown as Lots 16 and 17 of Block 143 on Land Court Plan 3092-H; Parcels known as Assessor Map 59.3, Lots 203, 204 and 205 and shown as Lots 10, 11 and 12 of Block 144 on Land Court Plan 3092-H; Parcel known as Assessor Map 59.3, Lot 230 and shown as Lot 13 of Block 144 on Land Court Plan 3092-H and Parcels known as Assessor Map 59.3, Lots 248, 249 and 250 and shown as Lots 50, 51 and 52 of Block 143 on Land Court Plan 3092-H. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized at its discretion to convey the following parcels of land, when and if title is fully acquired in the name of the Town, to the Nantucket Housing Authority for use consistent with the Housing Authority purposes, provided, however, if the land is not so used within three (3) years of the date of the conveyance then title to such properties shall revert to the Town of Nantucket: Portion of North Carolina Avenue between Starbuck Road and Oakland Avenue (a/k/a Goose Cove Avenue); Parcels known as Assessor Map 59.3, Lots 198 and 199 and shown as Lots 18 and 19 of Block 143 on Nantucket County Registry District of the Land Court Plan 3092-H; Parcels known as Assessor Map 59.3, Lots 225 and 226 and shown as Lots 16 and 17 of Block 143 on Land Court Plan 3092-H; As shown on a map entitled “Madaket Affordable Housing Site – Proposed Conveyance” dated February 2008. FINANCE COMMITTEE COMMENT: This language is consistent with the vote of the Town Meeting on Warrant Article 86 of the April 2, 1999 Annual Town Meeting which authorized the conveyance of adjacent land. Together this land will create one (1) buildable lot containing in excess of 20,000 square feet (minimum lot size for this district), which will be eligible for a two (2) bedroom dwelling unit. Page 177 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 116 (Yard Sale Conveyances: Madaket) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the following parcels of land, 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: Parcels known as Assessor Map 59.3, Lots 81, 82 and 83 and shown as Lots 20, 21 and 22 of Block 142 on Nantucket County Registry District of the Land Court Plan 3092-F; Parcel known as Assessor Map 59.3, Lot 151 and shown as Lot 19 on Land Court Plan 3092-F; Parcels known as Assessor Map 59.3, Lots 231 and 232 and shown as Lots 9 and 10 of Block 146 on Land Court Plan 3092-H); and Portion of North Carolina Avenue between Starbuck Road and Oakland Avenue (A/K/A Goose Cove Avenue). Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the following parcels of land, 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: Parcels known as Assessor Map 59.3, Lots 81, 82 and 83 and shown as Lots 20, 21 and 22 of Block 142 on Nantucket County Registry District of the Land Court Plan 3092-F; Parcel known as Assessor Map 59.3, Lot 151 and shown as Lot 19 on Land Court Plan 3092- F; and Portion of North Carolina Avenue between Starbuck Road and Oakland Avenue (A/K/A Goose Cove Avenue). As shown on a map entitled “Madaket Proposed Yard Sale Dispositions” dated February 2008. Page 178 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 117 (Real Estate Acquisitions: Dionis) 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, including, but not limited to, all rights of passage over such rights of way, in those certain parcels of land described below, or any portions thereof, for general municipal purposes or open space: West Tristram Avenue between North Swift Rock Road and Nantucket Sound; The Proprietors Way (sometimes referred to as Ranger Road) between Eel Point Road and West Tristram Avenue; The Proprietors Way (sometimes referred to as Alliance Lane) between Eel Point Road and West Tristram Avenue; and The Proprietors Way (separating the parcels known as Assessor Map 32, Parcels 43 and 44 and addressed 85 and 79 Eel Point Road) between Eel Point Road and West Tristram Avenue. Or, to take any other action 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, including, but not limited to, all rights of passage over such rights of way, in those certain parcels of land described below, or any portions thereof, for general municipal purposes or open space: West Tristram Avenue between North Swift Rock Road and Nantucket Sound; The Proprietors Way (sometimes referred to as Ranger Road) between Eel Point Road and West Tristram Avenue; The Proprietors Way (sometimes referred to as Alliance Lane) between Eel Point Road and West Tristram Avenue; and The Proprietors Way (separating the parcels known as Assessor Map 32, Parcels 43 and 44 and addressed 85 and 79 Eel Point Road) between Eel Point Road and West Tristram Avenue. ARTICLE 118 (Real Estate Conveyances: Dionis) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the following parcels of land, subject to Massachusetts G.L. c. 30B: West Tristram Avenue between North Swift Rock Road and Nantucket Sound; Page 179 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions The Proprietors Way (sometimes referred to as Ranger Road) between Eel Point Road and West Tristram Avenue; The Proprietors Way (sometimes referred to as Alliance Lane) between Eel Point Road and West Tristram Avenue; and The Proprietors Way (separating the parcels known as Assessor Map 32, Parcels 43 and 44 and addressed 85 and 79 Eel Point Road) between Eel Point Road and West Tristram Avenue. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests of all or any portions of the following parcels of land, subject to Massachusetts G.L. c. 30B as part of an overall plan to expand beach access by accepting One Big Beach easements and establishing ten (10) foot wide pathways to connect said beach land to Eel Point Road: West Tristram Avenue between North Swift Rock Road and Nantucket Sound; The Town’s title interest, to the extent such exists in the Proprietors Way (sometimes referred to as Ranger Road) between Eel Point Road and West Tristram Avenue; The Town’s title interest, to the extent such exists in the Proprietors Way (sometimes referred to as Alliance Lane) between Eel Point Road and West Tristram Avenue; and The Town’s title interest, to the extent such exists in the Proprietors Way (separating the parcels known as Assessor Map 32, Parcels 43 and 44 and addressed 85 and 79 Eel Point Road) between Eel Point Road and West Tristram Avenue. ARTICLE 119 (Real Estate Acquisition: Hummock Pond Area) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise, the land shown as Lots 47 and 78 on Land Court Plan 35893-H, also shown as Assessor's Parcels 82-94 and 65-71 respectively, now standing in the name of Hummock Pond of Nantucket as registered owner by virtue of Certificate of Title No. 10263 a the Nantucket Registry District of the Land Court, which Lots 47 and 78 were required to be dedicated as open land for a cluster subdivision, in accordance with the provisions of c. 40A, s. 9 of the General Laws, pursuant to approval of said plan as a cluster subdivision by the Nantucket Board of Appeals and the Nantucket Planning Board, to be held by the Town for park and open space purposes; or, to take any other action related thereto. (Board of Selectmen) Page 180 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift, eminent domain or otherwise, the land shown as Lots 47 and 78 on Land Court Plan 35893-H, also shown as Assessor's Map - Parcels 82-94 and 65-71 respectively, now standing in the name of Hummock Pond of Nantucket as registered owner by virtue of Certificate of Title No. 10263 at the Nantucket Registry District of the Land Court, to be held by the Town for park and open space purposes. ARTICLE 120 (Real Estate Conveyance: Hummock Pond Area) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of all or any interests the Town of Nantucket may have in those certain parcels of land known as Assessor’s Parcels 82-94 and 65-71 and shown as Lots 47 and 78 on Land Court Plan 35893-H, subject to G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of all or any interests the Town of Nantucket may have in those certain parcels of land known as Assessor’s Map - Parcels 82-94 and 65-71 and shown as Lots 47 and 78 on Land Court Plan 35893-H, subject to G.L. c. 30B to the Nantucket Island Land Bank or any organization whose purpose includes the preservation of open space. ARTICLE 121 (Discontinuance of Fair Street and Real Estate Acquisition/Disposition) To see if the Town will vote to take the following actions in regard to that portion of Fair Street containing approximately 1,250 square feet and located adjacent to Assessor Map 55.4.1, Parcel 128 (2 Eagle Lane), Parcel 130 (60 Fair Street), Parcel 131 (69 Orange Street), Parcel 79.1 (67 Orange Street) and Parcel 78 (65 Orange Street), as shown on the hatched area on a plan entitled "Proposed Discontinuance of a section of Fair Street," dated January, 2008, prepared by the Nantucket GIS Department and filed with office of the Town Clerk: 1) to discontinue that portion of Fair Street located easterly of Eagle Lane and as shown on the above-referenced plan; 2) to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser title interests in that portion of Fair Street located easterly of Eagle Lane and as shown on the above-referenced plan, for general municipal purposes and to and to confirm the Town's title to such parcel; and 3) to authorize the Board of Selectmen to sell, convey, release or otherwise dispose of such portion of Fair Street, subject to Massachusetts G.L. c. 30B and guidelines established under the "Nantucket Yard Sales" program on file in the Nantucket Board of Selectmen's office. Or, to take any other action related thereto. (Board of Selectmen) Page 181 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that in regard to that portion of Fair Street containing approximately 1,250 square feet and located adjacent to Assessor Map 55.4.1, Parcel 128 (2 Eagle Lane), Parcel 130 (60 Fair Street), Parcel 131 (69 Orange Street), Parcel 79.1 (67 Orange Street) and Parcel 78 (65 Orange Street), as shown on the hatched area on a plan entitled "Proposed Discontinuance of a section of Fair Street," dated January, 2008, prepared by the Nantucket GIS Department and filed with office of the Town Clerk: 1) that portion of Fair Street located easterly of Eagle Lane and as shown on the above- referenced plan be hereby discontinued as a public way; and 2) the Board of Selectmen be hereby authorized to acquire by purchase, gift or eminent domain the fee title or lesser title interests in that portion of Fair Street located easterly of Eagle Lane and as shown on the above-referenced plan, for general municipal purposes and to confirm the Town's title to such parcel; and 3) the Board of Selectmen be hereby authorized to sell, convey, release or otherwise dispose of such portion of Fair Street, subject to Massachusetts G.L. c. 30B and guidelines established under the "Nantucket Yard Sales" program on file in the Nantucket Board of Selectmen's office. ARTICLE 122 (Real Estate Conveyance: South Pasture) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, release or otherwise dispose of all or a portion of that property known as Town of Nantucket Assessor Map 78, Parcels 4, 5 and 6 and located off Hinsdale Road and Madequecham Valley Road, subject to Massachusetts G.L. c. 30B. Or, to take any other action 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 a portion of the following property: A portion of Town of Nantucket Assessor’s Map 78, Parcel 5 and/or 4, not exceeding 15.86 acres within an area proposed to be zoned Commercial Industrial (CI) pursuant to Article 30 of this Warrant and subject to Massachusetts G.L. c. 30B and requiring a finding by the Board of Selectmen that such sale, conveyance, or release of up to 15.86 acres furthers community planning and environmental protection goals and, further, that the Board of Selectmen is authorized to convey, sell or release a portion of Town of Nantucket Assessor’s Map 78, Parcel 5, adjacent to land owned by the Nantucket Conservation Foundation and land to the Nantucket Islands Land Bank or any organization whose purpose includes the preservation of open space; all in general conformance with a map entitled “Proposed Land Conveyance at South Pasture” dated February 2008 and on file with the Office of the Town Clerk. Page 182 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 123 (Real Estate Acquisition: 80 Miacomet Avenue) 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 all or any portions of that certain parcel of land known Town of Nantucket Assessor Map 66, Parcel 126, numbered 80 Miacomet Avenue, Nantucket, Massachusetts and shown as lot 5 on the plan filed with the Nantucket County Registry District of the Land Court as Plan 38026-A for open space and general municipal purposes. Or, to take any other action 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 all or any portions of that certain parcel of land known as Town of Nantucket Assessor’s Map 66, Parcel 126, numbered 80 Miacomet Avenue, Nantucket, Massachusetts and shown as lot 5 on the plan filed with the Nantucket County Registry District of the Land Court as Plan 38026-A for general municipal purposes, including conservation, open space and recreational purposes, in the event that the subject property is conveyed to the Nantucket Islands Land Bank. ARTICLE 124 (Real Estate Conveyance: 80 Miacomet Avenue) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, grant or otherwise transfer the fee title or lesser interest in all or any portions of that certain parcel of land known Town of Nantucket Assessor Map 66, Parcel 126, numbered 80 Miacomet Avenue, Nantucket, Massachusetts and shown as lot 5 on the plan filed with the Nantucket County Registry District of the Land Court as Plan 38026-A, subject to Massachusetts G.L. c. 30B. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to sell, convey, grant or otherwise transfer the fee title or lesser interest in all or any portions of that certain parcel of land known as Town of Nantucket Assessor Map 66, Parcel 126, numbered 80 Miacomet Avenue, Nantucket, Massachusetts and shown as lot 5 on the plan filed with the Nantucket County Registry District of the Land Court as Plan 38026-A, subject to Massachusetts G.L. c. 30B to the Nantucket Islands Land Bank or other organization whose purpose includes the preservation of open space. Page 183 Town of Nantucket 2008 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 125 (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 2009 tax levy. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) is hereby appropriated from the Fiscal Year 2009 tax levy and other general revenues of the Town to be deposited in the Stabilization Fund. ARTICLE 126 (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 to take no action on the Article. Citizen Petitions submitted for 2008 Annual Town Meeting (does not include non- binding ballot questions): NOTE: petitions are shown as submitted and may include typographical and/or other errors) ARTICLE (Bylaw Amendment: Animals) Petition for Action by the Voters of the Town of Nantucket: Original: 55-4.D Leash law. No person within the confines of the Town shall at any time permit a dog owned or kept by such keeper run at large beyond the confines of the property of the owner or keeper unless the dog is held firmly on a leash. Revision: 55-4.D Leash law. No person within the confines of the Town shall at any time permit a dog owned or kept by such keeper run at large unless the dog is under the control of the owner or keeper and such owner or keeper is indicating responsibility for the dog’s behavior. (John West, MD et al) ARTICLE (Real Estate Disposition: Long-term Lease Authorization/VFW) To see if the Town will vote to: Extend the current Ground Lease dated July 16, 2003, between the Town of Nantucket and Veterans of Foreign Wars, Post 8608, for 22 Bunker Road a.k.a New South Road for an additional term of 25 years, so that VFW Post 8608 can pursue mortgage financing to finish constructing their new building. All other terms and conditions shall remain the same. (Leroy E. Anderson, et al) ARTICLE (Bylaw Amendment: Management of Coastal Properties owned by the Town of Nantucket) To see if the Town shall vote to amend the Code of the Town of Nantucket to include a new section of the general bylaws Chapter 67, entitled: “MANAGEMENT OF COASTAL PROPERTIES OWNED BY THE TOWN OF NANTUCKET,” providing as follows: Section AA-BBB. Management of coastal properties owned by the Town. (a) Moratorium There shall be a temporary moratorium on the use of Town properties for new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on public lands owned by the Town of Nantucket such that no new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, including extensions of new or enlarged coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, and the addition or creation of new appurtenant structures for existing coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like shall be hereafter constructed on land owned by the Town of Nantucket, except those coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads and the like, already approved by the Nantucket Conservation Commission for Town-owned properties prior to July 1, 2007. (b) Maintenance of existing projects. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on Town lands as may be lawfully existing or permitted by the Nantucket Conservation Commission prior to July 1, 2007, provided however any land access needed in order to undertake the work to do such repair, maintenance, or replacement shall be with the written permission of all legal landowners, including the Town of Nantucket whose land is necessary for such access. (c) Duration of moratorium. This moratorium shall remain in effect until December 31, 2010, or until such date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established. This moratorium shall not prohibit emergency armoring measures necessary to protect public roads, public buildings, or other public assets from imminent destruction. Or to take any other action thereto. (Catherine Flanagan Stover, et al) ARTICLE To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), section 41-B (Siasconset Sewer District) of the Code of the Town of Nantucket Sewer District Map by adding the following parcel(s) to said map: SIASCONSET SEWER DISTRICT: Map/Parcel Address 74-37.5 25 Low Beach Road 74-37.4 27 Low Beach Road 74-37.3 29 Low Beach Road 74-37 3 Hawks Circle 74-37.6 5 Hawks Circle 74-37.7 7 Hawks Circle 74-37.2 8 Hawks Circle 74-37.1 9 Hawks Circle 73-49.2 12 Hawks Circle 73-49.1 13 Hawks Circle 73-49 14 Hawks Circle (Richard Glidden, et al) ARTICLE To see if the Town shall vote to amend the Charter of the Town of Nantucket to include a new section providing as follows: Chapter/Section XXX, Management of coastal properties owned by the Town. (a) Moratorium There shall be a temporary moratorium on the use of Town properties for new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on public lands owned by the Town of Nantucket such that no new coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, including extensions of new or enlarged coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, and the addition or creation of new appurtenant structures for existing coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like shall be hereafter constructed on land owned by the Town of Nantucket, except those coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, already approved by the Nantucket Conservation Commission for Town-owned properties prior to July 1, 2007. (b) Maintenance of existing projects. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any coastal engineering structures, bluff armoring projects, hard or soft erosion control devices, bulkheads, and the like, on Town lands as may be lawfully existing or permitted by the Nantucket Conservation Commission prior to July 1, 2007, provided however any land access needed in order to undertake the work to do such repair, maintenance, or replacement shall be with the written permission of all legal landowners, including the Town of Nantucket whose land is necessary for such access. (c) Duration of moratorium. The moratorium shall remain in effect until December 31, 2010, or until such date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established. This moratorium shall not prohibit emergency armoring measures necessary to protect public roads, public buildings, or other public assets from imminent destruction. Or, to take any other action thereto. (Catherine Flanagan Stover, et al) ARTICLE (Requirement for Use of Cobblestones) To see if the Town will vote to require the use of cobblestones in the Old Historic District whenever repaving any road is necessary. (Catherine Flanagan Stover, et al) ARTICLE (Bylaw Amendment: Street Numbers, Regulating) Petition for Action by the Voters of the Town of Nantucket Amend Chapter 126 of the Town Bylaws: Chapter 126 STREET NUMBERS, REGULATING 126-1. Street numbers required. Current: “ Every improved lot on a public or private way within the Town and County of Nantucket shall be provided by the owner and/or occupant with clear and legible street numbers no smaller than 2 ½ inches and in contrasting color placed in such a manner as to be clearly visible from such ways”. Amendment: Change as follows; “ Every building serving as a dwelling or place of business on a public way within the Town and County of Nantucket, shall be provided by the owner with clear and legible street numbers no smaller than 2 ½ inches in height, and in contrasting color placed in such a manner as to be clearly visible from such ways. Buildings setting more than 15 feet from a public way shall display numbers no smaller than 4 inches in height. Numbers shall be of contrasting color from their background, and placed in such a manner as to be visible from such ways”. 126-3. Display. Current: “All street numbers shall be affixed to or be displayed in a prominent position on the street side of the property. Improved lots erected or located in the Town and county must have street numbers affixed within six months of the date of adoption of this chapter and/or issuance of a building permit”. Amendment: ”All street numbers shall be affixed to or be displayed in a prominent position on the street side of the property. Buildings erected or located in the Town and County must have a street number affixed within six months of the date of the adoption of this chapter and/or issuance of a building permit. Buildings set back more than 50 feet from a public way shall display numbers no smaller than 4 inches in height at the intersection of the driveways and said public way. These numbers shall be displayed so as to be seen in both directions of vehicular traffic and shall be maintained unobstructed by plantings. Numbers as described in this chapter shall be displayed in addition to those described in chapter 126-1”. 126-4. Violations and penalties. Current: “Any person who willfully fails to comply with the provision of this chapter or who unlawfully removes, defaces or changes a number affixed to an improved lot under this chapter shall be punished by a fine of not more than $20 for each offense. Each day is a separate offense. This chapter shall be enforced by the Building Inspector or by such enforcement agent that the Board of Selectmen may designate”. Amendment: ”Any person who willfully fails to comply with the provision of this chapter or who unlawfully removes, defaces or changes a number affixed to an improved lot under this chapter shall be punished by a fine of not more than $50 for each offense. This chapter shall be enforced by the Building Inspector or by such enforcement agent that the Board of Selectmen may designate. (Francis Spriggs, et al) ARTICLE (Bylaw Amendment: Motorized Passenger Devices) To see if the Town will vote to amend by-law §98-1 to read: No person shall operate a motorized scooter, motorized skateboard, Segway, or other similar device (hereinafter referred to as “personal motorized passenger devices”) on any Town-owned or controlled public way, sidewalk, park, playground or beach without the express written permission to do so from the Town official(s) or officer having jurisdication over the use of said Town property or their respective designee (hereinafter referred to as the “authorizing official”). The following vehicles shall be exempt from the provisions of this chapter. A. (Shall remain the same) B. (Shall remain the same) C. (Shall remain the same) D. (Shall remain the same) E. (Shall remain the same) F. (Shall remain the same) G. Segways; to the extent authorized by the Town of Nantucket. (illegible signature (Peroni??), et al) ARTICLE (Zoning Bylaw Amendment: Multi-Family Overlay District) To see if the Town will vote to amend the “Zoning Map of the Town of Nantucket, Massachusetts” prepared by the GIS Department dated February 11, 2004 as amended, by placing the following parcel of land in the Multi-Family Overlay District: Assessor’s Map 69, Parcel 270 at 3A Sun Island Road (Paul S. Jensen, et al) ARTICLE (Bylaw Amendment: Signs, Satellite Dishes, Rooflines) To see if the Town will vote to: Amend the Historic District Commission (HDC) Abutter Notification Policy by changing the section entitled “Applications Requiring Abutter Notification” 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): “Abutters shall be notified of all HDC applications which would result in a change of one thousand square feet (1,000) one hundred square feet (100) or more of floor area (including new construction, demolition, moving, etc.)” (Charity Benz, 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 2009 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Historic Preservation Maria Mitchell House Preservation of Historic components $21,775 Nantucket Town Clerk Cemetery Restoration Phase 2 $123,000 South Church Preservation Fund Restoration and mitigation of water damage $250,000 Sconset Trust Preservation of Sankaty Head Lighthouse $250,000 First Congregational Church Restoration and repair of interior of church $200,000 Subtotal $844,775 Community Housing Nantucket Human Service Center Creation of units of community housing $300,000 Interfaith Council Housing and Rental Assistance Program $55,000 Nantucket Housing Authority To develop RFP for 50 housing units $10,000 Nantucket Planning & Economic Development Commission Funding for Housing Planner/Specialist $83,578 Nantucket Housing Office 2 Clarendon Street secondary dwelling $245,000 Nantucket Housing Office 3 Norquarta Drive secondary dwelling $235,000 Nantucket Housing Office Nantucket Housing Office-Year Seven $104,000 Nantucket Housing Office Housing Resource Center & 2 affordable units $350,000 Habitat for Humanity Nantucket, Inc. Habitat for Humanity house $100,000 Subtotal $1,482,578 Open Space Conservation/Recreation Nantucket Park and Recreation Commission Youth fields, West $500,000 Nantucket Conservation Foundation University of Massachusetts Field Station purchase $250,000 Open Space Reserves Reserve for future years $75,000 Subtotal $825,000 Administrative Community Preservation Committee Administrative and operating expenses $93,211 Subtotal $93,211 TOTAL $3,245,564 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY2009 Community Preservation Surcharge $1,633,000 From State matching funds for FY2008, to be received in 2009 $1,254,000 From undesignated reserve balance fund $358,564 Total Revenues $3,245,564 For Fiscal Year 2009 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 on the recording of appropriate historic preservation restrictions for historic resources; open space restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Kenneth Beaugrand, et al) ARTICLE (Bylaw Amendment: Board of Sewer Commissioners) To see if the Town will amend Chapter (Board of Sewer Commissioners) Section 41-3A of the code of the Town of Nantucket Sewer District Map by adding the following parcels of land to the map. 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 78 Hummock 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 (Martin McGowan, et al) ARTICLE (Bylaw Amendment: Board of Sewer Commissioners) To see if the Town will vote to amend the Town of Nantucket Sewer District Map by including the following parcels within the Sewer District: (a) 22 Brewster Road ( aka Boston Ave) - Tax Map 54, Parcel 169.1; (b) 24 Brewster Road – Tax Map 54, Parcel 169.3; (c) 26 Brewster Road – Tax Map 54, Parcel 169.2; (Comment: These parcels abut a swampy area that flows to the harbor. Including them within the Sewer District will have a positive effect on Nantucket Harbor water quality.) (Deborah E. Nicholson, et al) ARTICLE (Bylaw Amendment: Parking) To see if the Town will vote to: amend Section 103-6 (Parking Permits) of the Code of the Town of Nantucket as follows: Add a new paragraph at the end of Section A, reading as follows: “Resident Parking Permits shall also be issued to Nantucket Registered voters who own a residence on Nantucket upon the following conditions: a. The application for the Permit shall be submitted between January 15 and April 15 of each year. b. The fee for said Permit shall be $100.00 per year. c. Applicant must submit proof that he/she is a registered voter and lives in a Nantucket home as his/her residence. d. Permits shall be limited to one (1) vehicle per residence and limited to vehicles owned or leased by the Nantucket resident. (James Lydon, et al) ARTICLE (Requirement for Renewable Energy Components) To see if the Town will vote to require all new Town buildings and Town- sponsored buildings, including any buildings built on Town-owned property, started and built after the approval of this article, both residential and non- residential, to be outfitted with renewable energy components for heat, hot water and electricity, and that the buildings themselves be built with conservation and environmentally friendly materials and practices following LEED certification guidelines. That the Board of Selectmen appoint a committee to specifically deal with only this issue, to act as information and source gatherers and guides, to help the Town in it’s choice and selection from the different available types of renewable energy for each individual building. (Deborah Timmermann, et al) ARTICLE (Requirement for Registration with Nantucket Historical Commission) To see if the Town will vote to require Contractors to register with the Town via the Nantucket Historical Commission (NHC) before starting work on any structure predating 1900 anywhere on the Island of Nantucket, and be required to re-register monthly until completion of said project, to be required to file with the NHC copies of all permits and approvals from the Historic District Commission (HDC) and the Building Department before starting said project, including copies of their Worker’s Compensation and Liability Insurance. The project should be subject to review at the discretion of the Nantucket Historical Commission. The fee to work on any structure predating 1900 should be charged at a rate of $250 for every month of work on that project, payable monthly, not to exceed a period of two years. In review of the issued permits and approvals at any point in the building process, should the NHC find the contractor has wavered from those permits and approvals, the NHC would issue notice to the Building Department to issue a cease and desist order to the Contractor. Should the Contractor not comply, a fine of $1,000 per business day should be charged to the Contractor, with interest charged at 12% per year, compounded monthly. On-island-based Contractors should be subject to a waiver of the monthly fee only as long as they comply with all of the other aspects of this article. (Deborah Timmermann, et al) ARTICLE (Zoning Bylaw Amendment: Island Perimeter Restrictions) To see if the Town will vote to amend Section 139-22 of the Code of Nantucket, Island perimeter restrictions, section C. As is: Temporary moratorium on new docks piers and wharves in the RC District. Notwithstanding the provision 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 Harbor Plans for both Nantucket and Madame Harbors. Replace with the following: Temporary moratorium on new docks, piers and wharves in the RC District. Notwithstanding the provision of Subsection n B above, no new docks, piers and wharves, including extension of new or enlarge docks, piers and wharves, the extension of existing docks, piers or wharves, and the addition or creation of new appurtenant structures (defined as floats and ramps) for existing docks piers or wharves shall be constructed in the RC District except those docks, wharves and piers permitted by Massachusetts General Laws, Chapter 91 or approved by the Nantucket Conservation Commission of July 31, 2005 and where a private pier previously existed on the premise. Nothing herein shall prohibit nor regulate the repair, maintenance or replacement of any dock, pier or wharf lawfully existing 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 April 2009, while the town of Nantucket updates its Harbor Plans for both Nantucket and Madaket Harbors. (Leo Asadoorian, et al) ARTICLE (Naming of Cemeteries) To see if the Town will vote to fix an official name for two historic Town Cemeteries: For the land set aside on Mill Hill: A) The Colored Cemetery B) The Black People’s Cemetery C) The Mill Hill Cemetery For the land set aside on The Cliff: A) The Founders Cemetery B) The Settlers Burial Ground C) Proprietors Burial Ground (Cindy Clarkson, et al) ARTICLE (Establishment of Agricultural Commission) To see if the Town will vote to establish an Agricultural Commission to represent the Nantucket farming community. Said Commission once appointed shall develop a work plan to guide its activities. Such activities include, but are not limited, to the following: shall serve as facilitators for encouraging the pursuit of agriculture in Nantucket; shall promote agricultural-based economic opportunities in Town; shall act as mediators, advocates, educators, and/or negotiators on farming issues, shall work for preservation of prime agricultural lands; and shall pursue all initiatives appropriate to creating a sustainable agricultural community. The Commission shall consist of seven members appointed by the Board of Selectmen. The Commission will consist of a minimum of four members whose prime source of income is derived from farming or agricultural-based enterprises in Nantucket and another three who are interested in farming. Three members for a term of three years; two members for a term of two years and three thereafter; and two members for a one year term, and three years thereafter. The appointing authority shall fill a vacancy based on the unexpired term of the vacancy in order to maintain the cycle of appointments, based on recommendations of the Commission. 1. Appointing Authority: Board of Selectmen 2. Establish number of members of Commission: 7 plus 5 alternates 3. Establish terms of service: staggered, see article 4. Establish whether members must be Town Residents: No 5. Method for filling vacancies: Board of Selectmen 6. Purpose of the Commission: To represent the Nantucket farming Community 7. Guiding Principles for Commission Appointment: Members should: represent Town geographically, represent the diversity and scale of agricultural businesses, represent the diversity of the Town’s population, encourage next generation of small growers and farmers. The overall intent is to be inclusive not exclusive. Mission: Promote agricultural-based economic opportunities; preserve, revitalize and sustain the Nantucket agricultural industry, and encourage the pursuit of agriculture as a career opportunity and lifestyle. (Heather Coffin, et al) ARTICLE (Bylaw Amendment: Streets and Sidewalks) To see if the Town will vote to amend Chapter 127 (STREETS AND SIDEWALKS) of the Code of the Town of Nantucket as follows (NOTE: language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): § 127-19. Limitations on road improvements and construction. [Amended 4-12- 2004 ATM by Art. 61, approved 9-3-2004] A. The Town will preserve the historic character of its road system by prohibiting the following improvements or construction for any publicly owned way or street on Nantucket unless an exception of any of the following standards is expressly authorized by a vote of Town Meeting: (1) The installation of automated traffic signals; (2) Road widenings for the purpose of increasing motor vehicle travel capacity; (3) The construction of travel lanes dedicated as turning lanes for motor vehicles; (4) The construction of new public streets; and (5) Paving of any unimproved publicly owned streets, ways or roads. B. This section shall not apply to state roads, ways pursuant to the Subdivision Control Law, and common driveways. § 127-20. Exceptions. Exceptions to the above prohibitions are: A. Areas located within the Town Overlay District (not including traffic signals or road widenings for vehicle capacity) as depicted on the map entitled “Town and County Overlay District,” dated January 2, 2002, Nantucket Planning and Economic Development Commission (Article 37, 2002 ATM as duly amended and on file at the Town Clerk’s office. [Amended 4-12- 2004 ATM by Art. 61, approved 9-2-2004] B. Reconstruction of road beds and resurfacing of paved roads in existence prior to the effective date of this article. C. Road improvements (not including traffic signal systems) as required by the Planning Board in conjunction with the approval of subdivision plans. D. Reconstruction of existing road drainage systems or construction of new drainage systems, provided that such systems are equipped with petroleum separation and capture per Massachusetts Department of Environmental Protection standards. E. Bike paths and bike lanes. [Amended 4-12-2004 ATM by Art. 61, approved 9-3-2004] F. (Reserved) Editor’s Note: Former Subsection F, excepting works pursuant to Town or county road construction under state grant, as amended, was repealed 4-12-2004 ATM by Art. 61, approved 9-3-2004. G. Road improvements on First Way required by the Planning Board or the Board of Selectmen to support affordable housing, such housing defined herein as that housing intended primarily for year-round residents earning up to 150% of median family income, as determined by the U.S. Department of Housing and Urban Development, and sponsored by a municipal entity, the Housing Authority or its designated nonprofit; housing required in connection with §139 11J (MCD); or housing on lots subject to a Nantucket Housing Needs Covenant. [Added 4-15-2003 ATM by Art. 71] (Grant Sanders, et al) ARTICLE (Charter Amendment: Town Administration) To see if the Town will vote to amend the Charter of the Town of Nantucket, Chapter 289 of the Acts of 1996, to provide that the Planning Director report directly to the Town Manager, as is the current practice with all other Town department heads. (Curtis Barnes, et al) ARTICLE (Home Rule Petition: Historic District Commission) To see if the town will vote, pursuant to Section 9 (g) of Chapter 395 of the Acts of 1970, as amended, to require the Historical District Commission to adopt a policy encouraging solar energy systems, consistent with public policy as reflected in Chapter 40 A: Section 3, Chapter 40 A: Section 9B and Chapter 184: Section 23 C of the Massachusetts General Laws, to the maximum extent feasible without having a significant adverse impact upon its purpose of the preservation and protection of historic buildings, places and districts of historic interest. (Karen Alence, et al) ARTICLE (Separate Board of Health) To see if the Town will vote to amend existing Town health regulations, as required, to establish a separate Board of Health for the Town of Nantucket, composed of 5 members, three of which must be in a health or health-related technical field (e.g., medical, nursing, lab technician, pharmacist, engineering, sanitation, surveying, etc.). Members of the Board of Health shall be appointed by the Board of Selectmen for staggered three-year terms, effective with passage of this Article. (Curtis Barnes, et al) ARTICLE (Home Rule Petition: Planning Board) To see if the Town will vote by whatever means, including a by-law amendment, a charter change, or a legislative law change pursuant to Article 77 of the 1928 Town Meeting and Article 92 of the 1955 Town Meeting, under the provisions of Section 81-A of Chapter 41 of the General Laws, to amend the terms of the members of the five member Planning Board from five years to three years as follows: At the 2008 annual town election, there shall be elected one member to serve three years; at the 2009 annual town election, there shall be elected one member to serve three years; at the 2010 annual town election, there shall be elected two members to serve three years; at the 2011 annual town election, there shall be elected two members to serve three years; at the 2012 annual town election, there shall be elected two members for three years; at the 2013 annual town election, there shall be elected one member to serve three years; and thereafter, for two consecutive years, there shall be elected at the annual town election, two members of such board to serve the term of three years, and every third year shall be elected at the annual town election, one member of such board to serve for the term of three years. (Joan S. Barnes, et al) ARTICLE (Residency Requirement for Town Pier Slips) This article would provide regulation limiting applications to the Nantucket Harbor Master for Town of Nantucket Dock boat slips to citizens using Nantucket as their primary residence. This would limit annual town boat slip applications to year-round residents of Nantucket. (Daniel Balling, et al) ARTICLE (Zoning Map Change: Kelley Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties, currently located in the Limited Use General 3 (LUG-3) district to the Limited Use General 1 (LUG-1) district: Address Map Parcel 15 Kelley Road 54 95 28 Kelley Road 54 104 All as shown on a map entitled “Proposed Rezoning for 15 and 28 Kelley Road” filed herewith at the office of the Town Clerk. (Patricia C. Myers, et al) ARTICLE (Appropriation: Construction of Sports Complex) To see if the town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, including a borrowing contingent upon passage by ballot of a debt exclusion override referendum, Three Million Six Hundred Thousand Dollars ($3,600,000), for use by the Park and Recreation Commission, with the approval of the Board of Selectman, for the purposes of constructing a 15 acre sports complex on Land Bank property, 81 Milestone Road (Map 61 Parcel 1). (Stephen Theroux, et al) ARTICLE (Bylaw Amendment: Board of Sewer Commissioners) 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 by adding the following parcels to the Town Sewer District Map: Map and Parcel Address 41 480 21 Crooked Lane 41 336 and 336.1 20 Crooked Lane 41 337 106 West Chester Street 41 338 102 West Chester Street 41 339 98 West Chester Street 41 340 94 West Chester Street 41 533 90 West Chester Street 41 533.1 86 West Chester Street 41 343 84 West Chester Street 41 343.1 82 West Chester Street 41 210 121 West Chester Street 41 211 117 West Chester Street 41 806 109 West Chester Street 41 805 Street Address Unknown 41 93.1 95 West Chester Street 41 93.2 95R West Chester Street Lot 30, 31, 32 (Mattew J. Capozia, et al) ARTICLE (Zoning Bylaw Amendment: Open Air Markets) NOTE: The following article addresses the “farmers’ market” concerns of the Town by adding a new use under “definitions” for “Open Air Markets” and then allows a new use in those districts listed in Section 139-8 and addes “Open Air Markets” as a new allowed by right use, subsection (3), under Section 139-8A permitted uses with Site Plan Review by the Planning Board per Section 139- 23E. Sections 139-2; 139-8A; and 139-23E(2) would be amended as shown below: To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: 1. To amend Section 139-2 by adding in the appropriate alphabetical listing the following definition: “Open Air Markets: An occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produces, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second hand goods) dispensed from booths located on site.” 2. To amend Section 139-8A by adding the following new use and language: “(3) Open Air Markets with minor Site Plan Review under Section 139-23 by the Planning Board.” 3. To amend Section 139-23E (2) by adding the following language to the last sentence: “…and for minor site plan review for Open Air Markets.” (Heather Coffin, et al) FY 2009 Budget2008 Annual Town MeetingOVERALL TIME-LINEas endorsed by Board of Selectmen 061307updated 11/7/07Red = budgetGreen = capital planningBlue = town meetingBlack = other, relatedPurple = changes Date TimeActivityThurs, June 7Send out draft FY 09 budget & 2008 ATM timeline to SchCom, FinCom for review, commentTues, June 12Comments (if any) due back from SchCom, FinCom for 06/13/07 BOS meetingWed, June 13 6PMBOS adopt FY 09 budget & 2008 ATM timelinesMon, July 9FY 09 capital request instructions go out to all depts (from Town Admin)Tues, Aug 2 9AMAd hoc budget work group reviews budget guideline possibilitiesFri, Aug 10FY 09 capital requests due back from all deptsMonth of AugTown Admin review of FY 09 capital requestsWed, Aug 22 6PMFinDir presents preliminary FY 09 budget & revenue projections at BOS meeting with School Comm, FinCom; BOS endorses FY 09 budget instructionsTues, Aug 28 9AMAd hoc budget work group reviews budget guidelinesWed, Sept 5 6PMBOS reviews pending HR pets that have not been acted upon by Legislature to determine whether or not to include on 07 ATM warrant; if not, Town Admin notifies original citizen sponsorFri, Sept 7FY 09 budget instructions go out to all depts (from Town Admin)Tues, Sept 11 4PMTown Admin reviews FY 09 capital requests and 10 year capital budget forecast with FinComWed, Sept 12 6PMTown Admin presents FY 09 capital requests to BOS; plus review of 10 year Capital Budget forecastWed, Sept 19 6PMTown Admin presents FY 09 capital request recs to BOSWed, Sept 26 6PMBOS votes on its recommended FY 09 capital projects Thurs, Sept 27FY 09 BOS approved capital requests forwarded to CPCMonths of Oct& NovTBDCPC meetings re: FY 09 capital requests Oct 4, Oct 11Advertise opening & closing dates of 2008 ATM warrant for citizen article submittalsOct 12 - Nov 232008 ATM warrant open for citizen article submittals26-NovTransmittal of any citizen zoning articles to Planning Board19-OctFY 09 budgets due back to Town Admin from all depts Oct 19 - Nov 16Town Admin & FinDir compilation of FY 09 budget submittals; further refinement of FY 09 revenue projectionsTues, Nov 13 9AMBOS reivew of 08 ATM warrant articles (workshop mtg)Mon, Nov 19 9AMAd hoc budget work group reviews status of FY 09 budget projections1 FY 09 budget 08 ATM timeline as of 110707 FY 2009 Budget2008 Annual Town MeetingOVERALL TIME-LINEas endorsed by Board of Selectmen 061307updated 11/7/07Red = budgetGreen = capital planningBlue = town meetingBlack = other, relatedPurple = changes Date TimeActivityWed, Dec 5 6PMBOS meeting with School Comm, FinCom to review preliminary FY 09 General Fund budget and 5-year General Fund forecast by Town Admin/FinDirMonth of DecCompilation of draft 2008 ATM warrant; legal review of articles; review/approval of BOS/dept articlesTues, Dec 4 TBDCPC adoption of FY 08 capital request recommendations; forwarded to FinComWed, Dec 12 6PMTown Admin/FinDir presentation of FY 09 General Fund budget recommendations at BOS meeting with School Comm, FinComWed, Dec 19 6PMBOS review of FY 09 General Fund budget recommendationsWed, Dec 26 6PMBOS review and/or adoption of FY 09 General Fund budget; review of FY 09 solid waste & sewer enterprise fund budgetsWed, Jan 2BOS review of draft dept/BOS warrant articlesMon, Jan 7 4PMFinCom meeting with School Comm & BOS: BOS/Town Admin presentation of FY 09 General Fund budget & FY 09 revenue projectionsJan 8 - Feb 21 4pm mtgs TBDFinCom review of FY 09 General Fund, Enterprise Fund, County and School budgets; other FY 09 financial requests; FinCom review of FY 09 capital requestsWed, Jan 9 6PMBOS review of draft dept/BOS warrant articlesWed, Jan 16 6PMBOS review of draft dept/BOS warrant articlesWed, Jan 23 6PMCounty Commissioners adopt FY 09 County budgetWed, Jan 23 6PMBOS adoption of 2008 ATM warrant & any ballot questionsThurs, Jan 24Transmittal of 2008 ATM warrant to FinComJan 24 - Feb 284pm mtgs TBDFinCom review of 2008 ATM warrant articlesFri, Jan 25Transmittal of 2008 ATM warrant to newspaper for publication Thurs, Jan 31Publication of 2008 ATM warrant in newspaperMon, Feb 4Fincom public hrg notice on 2008 ATM warrant articles sent to newspaperTues, Feb 5 2PMAd hoc budget work group tapes televised "forum" re: FY 09 budgetWed, Feb 6Estimated date of free cash certification (?)Thurs, Feb 7FinCom public hearing notice on 2008 ATM warrant articles published in newspaperTues, Feb 12 7PMFinCom public hearing on 2008 ATM warrant articlesWed, Feb 13 6PMBOS meeting with School Comm, FinCom re: FY 09 budget projection statusMon, Feb 25Planning Board submittal of motions on 2008 ATM zoning articles to Town Admin2 FY 09 budget 08 ATM timeline as of 110707 FY 2009 Budget2008 Annual Town MeetingOVERALL TIME-LINEas endorsed by Board of Selectmen 061307updated 11/7/07Red = budgetGreen = capital planningBlue = town meetingBlack = other, relatedPurple = changes Date TimeActivityFeb 26 - Mar 13Town Counsel review of FinCom motions for warrant articles Wed, Feb 27 6PMBOS review of recommendations on 2008 ATM warrant articlesThurs, Feb 28 4PMFinCom adoption of motions to 2008 ATM warrant articlesWed, Mar 5 6PMBOS adoption of recommendations on 2008 ATM warrant articlesFri, Mar 14Submission of 2008 ATM warrant with FinCom motions; BOS recommendations to the printer (last possibledate to do so in order to meet Charter requirements)Thurs, Mar 272008 ATM warrants with FinCom motions & BOS recommendations mailed to votersMon, Mar 30 4PMBOS tapes televised forum re: 08 ATMThurs, Apr 3 10AMModerator's pre-town meeting conferenceMon, Apr 7 7PM2008 ATM beginsTues, Apr 15Annual Town ElectionJune, 2008FY 08 Reserve Fund transfers; FY 08 budget transfersITEMS NOT INCLUDED IN HERE: dates of Planning Board public hearings on zoning articles; Town Clerk voter registration daNOTES: -- schedule may need to be adjusted to allow more time for FinCom review, Town Counsel review?? -- School vacation weeks are: Feb 25-29; Apr 21-25 -- Holidays: Oct 8, Nov 12, Nov 22, Dec 25, Jan 1, Jan 21, Feb 18 -- ATM scheduled to be held BEFORE the election (was the reverse for 2007)NEW THIS YEAR: -- more ad hoc budget work group mtgs -- review of 09 capital projects, 10-yr capital forecast with FinCom before BOS -- 2 televised forums to be scheduled, 1 for ad hoc work group to review 09 budget; 1 for BOS to review 08 ATM -- BOS adoption of its recommendations is scheduled for AFTER FinCom motions are adopted3 FY 09 budget 08 ATM timeline as of 110707