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HomeMy WebLinkAbout09212009 Special Town Meeting AgendaTown of Nantucket yyyy‹z‹yyyy OFFICE OF THE Catherine Flanagan Stover, MMC, CMMC Town & County Clerk TOWN & COUNTY CLERK (508) 228-7216 FAX (508) 325-5313 Home: (508) 228-7841 Email: cstover@nantucket-ma.gov townclerk@nantucket-ma.gov WEBSITE: http://www.nantucket-ma.gov 16 Broad Street NANTUCKET, MASSACHUSETTS 02554-3590 yyyy‹z‹yyyy 2009 SPECIAL TOWN MEETING 2009 The following is a summary of the articles called, and the vote taken by the 2009 Special Town Meeting held at the Nantucket High School, Mary P. Walker Auditorium, 10 Surfside Road, on September 21, 2009. Monday, September 21st – Meeting called to order at 6:15 PM with 622 voters present. There were ultimately 774 voters present. At the close of Voter Registration there were 7632 voters. The Quorum Requirements for the meeting are 229 and 382. ______________________________________________________________ Article 1: Fiscal Year 2010 General Fund Operating Budget Adjustments (Not Called) Adopted by Unanimous Voice Vote [Quorum of 3% needed = 229] Article 2: Fiscal Year 2010 Enterprise Fund Operating Budget Adjustments (Not Called) Adopted by Unanimous Voice Vote Article 3: Appropriation: FY2010 Police and Fire Special Detail Fund (Not Called) Not Adopted by Unanimous Voice Vote [Quorum of 3% needed = 229] Article 4: Appropriation: Unpaid Bills (Not Called) Adopted by Unanimous Voice Vote [Quorum of 3% needed = 229] Article 5: Re-appropriation: Prior Year Articles (Not Called) Adopted by Unanimous Voice Vote [Quorum of 5% needed = 382] Article 6: Appropriation: Collective Bargaining Agreement/Laborer’s U*nion (Not Called) Adopted by Unanimous Voice Vote Article 7: Acceptance of Massachusetts General Law: Local Option Meals Tax (Called) Adopted by Handcount Vote: YES – 464; NO - 304 Article 8: Acceptance of Massachusetts General Law: Amend Local Room Occupancy Excise Tax (Called) Adopted by Handcount Vote: YES – 398; NO - 386 Article 9: Appropriation: Adult Community Day Care Program (Called) Positive Sense-of- the-Meeting Adopted by Voice Vote 1 2 Article 10: Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Age Restriction (Called) Adopted by Declared 2/3 Majority Voice Vote Article 11: Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Operating Entity (Called) Adopted by Declared 2/3 Majority Voice Vote Article 12: Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Skilled Nursing (Not Called) Adopted by Unanimous Voice Vote Article 13: Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Unit Ownership (Not Called) Adopted by Unanimous Voice Vote. Article 14: Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Major Site Plan Review (Called) Adopted by Declared 2/3 Majority Voice Vote Article 15: Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Affordable Housing (Not Called) Adopted by Unanimous Voice Vote Article 16: Zoning Bylaw Amendment: Definitions and Special Districts (Called, Call Withdrawn) Adopted as moved by Planning Board by Declared 2/3 Majority Voice Vote Article 17: Real Estate Disposition: Sherburne Commons (Called) Adopted by 2/3 Handcount Vote: YES – 517; NO – 134 2/3 = 434 Article 18: Zoning Map Change: Madaket RC to VTEC (Not Called) Adopted by Unanimous Voice Vote Article 19: Zoning Map Change: Madaket R-20 to LUG-3 (Not Called) Adopted by Unanimous Voice Vote Article 20: Zoning Map Change: Madaket R-20 to VR (Called) Adopted by Declared 2/3 Majority Voice Vote Article 21: Zoning Map Change: Madaket R-20 to LUG-1 (Not Called) Adopted by Unanimous Voice Vote Article 22: Zoning Bylaw Amendment: Height (Called) Adopted by Unanimous Voice Vote Article 23: Zoning Bylaw Amendment: Height Exemptions (Not Called) Not Adopted by Unanimous Voice Vote Article 24: Real Estate Conveyance: North Pasture (Not Called) Adopted by Unanimous Voice Vote Article 25: Real Estate Acquisition and Conveyance: North Pasture (Not Called) Adopted by Unanimous Voice Vote 3 Article 26: Real Estate Acquisition: Western Avenue (Called) Not Adopted by Handcount Vote: YES – 287; NO – 171 2/3 = 305 Article 27: Miller Lane Access (Not Called) “Moved that No Action Be Taken” by Unanimous Voice Vote Article 28: Appropriation Reduction: Police Station (Called) Not Adopted by Majority Voice Vote [Quorum of 5% needed = 382] Article 29: Size Reduction: Police Station (Called) Not Adopted by Declared 2/3 Majority Voice Vote. [Quorum of 5% needed = 382] Article 30: Bylaw Amendment: Town Meeting Quorum Requirement (Called) Not adopted by Majority Voice Vote Moved that the following articles be voted in accordance with the motions recommended by the Finance Committee or, in the absence of a Finance Committee motion, then in accordance with the motions as recommended 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, 12, 13, 15, 18, 19, 21, 23, 24, 25, and 27. Moved, seconded, and Voted Unanimously. 2009 Special Town Meeting was dissolved at 10:17 PM, on September 21, 2009. S U R F S I D E R DM WHE R O W H E R O L N BEACH PLUM AVS PA S T U R E L N GLADLANDS AVPLOV E R L N S SHORE RDCO R A D R Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet July 29, 2009 2009 Special Town Meeting Warrant Article 17 Legend Parcel Lines 1 inch equals 100 feet Real Estate Disposition: Sherburne Commons N CAMBRIDGE ST N CAMBRIDGE STLITTLE N E C K W YL IT T L E N E C K W Y L IT T L E N E C K W Y T E N N E S S E E A V W A S H IN G T O N A V N CAMBRIDGE STM STK STM STOKALAHOMA AVW A S H IN G T O N A V M A D A K E T R D K S T TENNESSEE AVO K A LA H O M A A V S CAMBRI DGE STNESSEE A V S A S A V R D Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet July 29, 2009 2009 Special Town Meeting Warrant Article 18 Legend Buildings Parcel Lines RC to VTEC Roads TYPE PAVED UNPAVED SAND TRACK 1 inch equals 100 feet Zoning Change: Madaket 41-81D Master Plan, Planning Area 1LUG - 3 LUG - 2 R - 20 RC R - 20 Map/Parcel AddressLot Size(Square Feet)Footprint(Square Feet)ExistingGCRMax GCR(RC)Max GCR(VTEC)AvailableGCR (VTEC)60/17 20 Little Neck Way38/15 20 N. Cambridge Street38/14 16 N. Cambridge Street59.4/2 20 N. Cambridge StreetPrepared by the Planning OfficeAugust 20092009 STM Warrant Article 18RC to VTEC15,072752,717 2% 376,358 52,690 37,619 EEL POIN T R D EEL P O I N T R D EEL POINT RD WORTH RDNOR T H PTWARRENS L A N D I N G R D RIDGE LN MAD A K E T R D MADAKET RD NEW YO R K A V MADA K E T R D K S T MASSASOIT BRIDGE RD K S T O K A LAHOMA AVOAK L AND S T LONG POND DRWAS HI N G T O N A V MISSI S SI P PI A V UTAH A V CO L UM B U S A V ""S T A R BUC K R DNEW JERSEY AVMASSACHUSETTS A V P R O P R I E T O R S W Y MASSACHUSETTS AV AME S A V N CA R OLI N A A V S CA R OLI N A A V DELAWARE AVPROPRIE TORS WY MAD A K ET R D VERMONT AV STARBUCK RDFLORIDA AV MAIN E A V MASSA S OI T B RI D G E R D CALIF O R NIA A V ALAB A M A A V PROPRIETORS WYSTARBUCK RD""STARB U C K R D R E D B A R N R D N CA R OLI N A A V WAY HEAD OF PLA INS RD MINNE S O T A A V PRO P RI E T O R S W YNORTH POND RDLAVENDAR LNALLIANCE LN EEL P O I N T R D RANGER RD E E L PO I N T R D DOUGLAS WY DOUGLAS WY BRAEBURN WYE E L P O I N T R D RICHAR D S L A N D I N G R D CREEK L N NEW Y O R K A V TE X A S S T VI R G I N I A A V WI S C O N S I N A V NE V A D A S TKENTUCKY AVLOUISIANA AVILL I N O I S A V OHIO AVMI S S O U R I A V TENNESS E E A V MARYLAND ST MASS A S OI T B S CAMBR IDGE ST MAD AK ET R D TENN E S S E E A V ARKA N S A S A V I S T H S T G STS CAMBRIDGE STF STE STD S T CLARK COVE RD" "C S T MAIN E A V A S T MIDLAND A VWASHI N GT O N A V MIDL A N D A V MASSASOIT BRID G E R D B A L T IMOR E S T CLARK COVE RDCOLUM BUS AVMADA K E T R D MAC Y R D CLARK COVE RDSHEEP POND RD P R O P R I E T O R S W Y SHEEP P O N D R D CLARK COVE RDSHEE P P O N D R D OR S WYWAYWA Y WAYWAY WAYWAY WAYWAY WAY WAYWAYWAY WAYWAY WAY WAY PR O P R I E T O R S W YWAYWAY P R O P R I E T O R S W YEEL POINT RDRIDGE LNWEST WYWAR R E N S L A N D I N G R D WARRENS LAND I N G R DTHE GROVEFISHERS LANDING RDBLUE HERR O N WY RHODE ISLAND A V RHODE ISLAND AV NEW HAMPSH I R E A VPENSYLVANIA AVGOOSE COV E A V WASHI N G T O N A V WASHI N G T O N A VM S T CHICAGO S T CHICAGO S T N CAMBRIDGE S T N CAMBRIDGE ST N CAMBRIDGE STHEAD O F P L AI N S R D FINTRY LNWORTH RDB A L T IMOR E S TMASSACHUSETTS AVL IT T L E N E C K W Y Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet July 29, 2009 2009 Special Town Meeting Warrant Article 19 Legend Buildings Parcel Lines R - 20 to LUG - 3 Roads TYPE PAVED UNPAVED SAND TRACK 1 inch equals 600 feet Zoning Change: Madaket 41-81D Master Plan, Planning Area 1 R - 20 LUG - 3 RC LUG - 3 LUG - 2 R - 20 R - 20 R - 20 LUG - 3 Map Parcel Street OwnerLot Size(Square Feet)Footprint(Square Feet)ExistingGCRMax GCR(R-20)Max GCRLUG-3)Available GCR(LUG-3)Comments36.2.2 636.2.2 1361.1.1 161.1.1 3361.1.1 3661.1.1 58KEY61.1.1 225Subject to erosion - SE36.2.3 55Limited access - LA36.2.3 98Surrounded by convervation land - SCL36.2.3 97 Esther Island Germain 370,260 1,147 0.31% 46,283 11,108 9,961 LA, SCL Split lot - SL38 57 198 Madaket Road Newhouse 88,662 608 0.69% 11,083 2,660 2,052 SCL Unbuildable - U60 9 9 Massachusetts Avenue Murphy 56,628 0 0 7,079 1,699 1,699 SL (see 2009 STM Article 20)60 124 5 Chicago Street Grossman 43,560 0 0 5,445 1,500 1,500 SE, SCL60 125 338 Madaket Road Keefe 35,284 0 0 4,410 1,500 1,500 SE, SCL60 132 4 California Avenue Emery 39,825 1,642 4.10% 4,978 1,500 0 SE, SCL, SL60.1.2 70 Madaket Road Perry 3,066 0 0 - - - U60.2.4 25 New Hampshire Avenue Randall 4,840 0 0 - - - U60.2.4 3360.2.4 3860.2.4 3960.2.4 4860.2.4 4060.2.4 4660.2.4 46.160.2.4 5260.2.4 53 Alabama Avenue Carberry 27,400 0 0 3,425 1,500 1,500 SE, LA, SCL60.3.1 32 51 New Hampshire Avenue Barnes 4,000 0 0 - - - SE, UAverage 107,163 1,331 2.87%Total 185,450 46,843 38,997Esther IslandPrepared by the Nantucket Planning Office - August 20092009 STM Warrant Article 19R-20 to LUG-3-UPearson 195,584 1,797 0.92% 24,448 5,868 4,071 SCL00--9-11 Ames Avenue Entwhistle7 Ames Avenue4,7843,267 1,500 196 LA, SCLLA, SCLGottwald 26,136 1,304 5%18,008 16,5180.25%Esther Island Retreat LLC 600,257 1,490 75,032Esther Island NOR T H PTWARRENS L A N D I N G R D RIDGE LN MAD A K E T R D MADA K E T R D K S T MASSASOIT BRID G K S T O K A LAHOMA AVOA K LAND S T LONG POND DRWAS HI N GT O N A V MISSI S SI P PI A V UTAH A V COL UM BU S A V S T A R BUC K R DNEW JERSEY AVMASSACHUSETTS A V S AV AM E S A V N CA R OLI N A A V S CA R OLI N A A V AWARE AVMAD A K ET R D VERMONT AV STARBUCK RDFLORIDA AV MAIN E A V MASSA S OI T B RI D G E R D CALIF O R NI A A V ALAB A M A A V STARBUCK RD""STARB U C K R D R E D B A R N R D N CA R OLI N A A V WAY HEAD OF PLA INS RD MINNE S O T A A V PRO P RI E T O R S W Y E E L PO I N T R D E E L P O I N T R D RICHAR D S L A N DI N G R D CREEK L N TENNESS E E A V S CAMBR IDGE ST MADAKET R D TENN E S S E E A V ARKA N S A S A V I S T H S T G STS CAMBRIDGE STF STE STD S T " "C S T MAIN E A V A S T MIDLAND A V WASHI N GT O N A V MIDL A N D A V MASSASOIT BRID G E R D B A L T IMOR E S T COLUM BUS AVMADA K E T R D MACY R D CLARK COVESHEEP PWAYWAY WAY WAY PR O P R I E T O R S W YWAYWAYRIDGE LNWEST WYWAR R E N S L A N D I N G R D WARRENS LAN D I N G R DTHE GROVEFISHERS LANDING RDBLUE HER R O N WY RHODE ISLAND A V RHODE ISLAND AV NEW HAMPSH I R E A VPENSYLVANIA AVGOOSE COV E A V WASHI N G T O N A V WASHI N G T O N A VM S T CHICAGO S T CHICAGO S T N CAMBRIDGE S T N CAMBRIDGE ST N CAMBRIDGE STHEAD O F P L AI N S R D B A L T IMOR E S TMASSACHUSETTS AVL IT T L E N E C K W Y Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet July 29, 2009 2009 Special Town Meeting Warrant Article 20 Legend Buildings Parcel Lines R - 20 to VR Roads TYPE PAVED UNPAVED SAND TRACK 1 inch equals 400 feet Zoning Change: Madaket 41-81D Master Plan, Planning Area 1 LUG - 2 R - 20 R - 20 LUG - 3 RC R - 20 LUG - 3 LUG - 3 X X 2009 STM Article 20 Complete Property Listing ARTICLE 20 (Zoning Map Change: Madaket R-20 to VR) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing properties currently located in the Residential 20 (R-20) district in the Village Residential (VR) district. All properties included in this article are within the village known as Madaket and are shown on a map entitled “2009 Special Town Meeting Warrant Article 20, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at the Office of the Town Clerk. A complete list of properties included in this article is also filed at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) SEE FULL PROPERTY LISTING ON FOLLOWING PAGES Map Lot Number Street 38 9 195 Madaket Rd 38 17 5 Little Neck Way 38 18 3 Little Neck Way 38 19 1 Little Neck Way 38 20 24 N. Cambridge St 38 21 26 N. Cambridge St 38 57 198 Madaket Rd 38 57.1 192 Madaket Rd 38 57.2 194 Madaket Rd 38 57.3 196 Madaket Rd 38 57.4 200 Madaket Rd 38 57.5 202 Madaket Rd 38 58.1 197 ½ Madaket Rd 54 9999 59 1.1 233 Madaket Rd 59 1.3 225 Madaket Rd 59 29 1 Long Pond Dr 59 30 3 Long Pond Dr 59 31 5 Long Pond Dr 59 32 7 Long Pond Dr 59 33 9 Long Pond Dr 59 34 11 Long Pond Dr 59 35 13 Long Pond Dr 59 41 223 Madaket Rd 59 42 221 Madaket Rd 59 43 219 Madaket Rd 59 44 217 Madaket Rd 59 45 215 Madaket Rd 59 46 213 Madaket Rd 59 47 211 Madaket Rd 59 48 209 Madaket Rd 59 49 207 Madaket Rd 59 50 205 Madaket Rd 59 51 203 Madaket Rd 59 53 204 Madaket Rd 59 53.1 206 Madaket Rd 59 53.2 208 Madaket Rd 59 53.4 210 Madaket Rd 59 58.1 199 Madaket Rd 59 58.2 201 Madaket Rd 59.3 135 58 Starbuck Rd 59.3 77 Arkansas Ave 59.3 1 284 Madaket Rd 59.3 2 Madaket 59.3 3 Madaket 59.3 4 Utah Ave 59.3 5 Utah Ave 59.3 6 27 Arkansas Ave 59.3 11 25 Arkansas Ave 59.3 12 25 Arkansas Ave 59.3 13 82 Arkansas Ave 59.3 17 80 Arkansas Ave 59.3 23 5 Goose Cove Ave 59.3 24 3 Goose Cove Ave 59.3 25 17 S. Cambridge St 59.3 26 19 S. Cambridge St 59.3 27 21 S. Cambridge St 59.3 28 23 S. Cambridge St 59.3 29 25 S. Cambridge St 59.3 30 27 S. Cambridge St 59.3 31 29 S. Cambridge St 59.3 32 31 S. Cambridge St 59.3 33 33 S. Cambridge St 59.3 34 35 S. Cambridge St 59.3 35 37 S. Cambridge St 59.3 36 39 S. Cambridge St 59.3 37 41 S. Cambridge St 59.3 38 43 S. Cambridge St 59.3 39 45 S. Cambridge St 59.3 40 S. Cambridge St 59.3 48 41 Starbuck Rd 59.3 49 43 Starbuck Rd 59.3 50 45 Starbuck Rd 59.3 51 47 Starbuck Rd 59.3 52 49 Starbuck Rd 59.3 54 Starbuck Rd 59.3 55 54 Starbuck Rd 59.3 62 10 Starbuck Rd 59.3 63 8 Starbuck Rd 59.3 64 6 Starbuck Rd 59.3 65 Starbuck Rd 59.3 66 4 Starbuck Rd 59.3 66.1 4 Starbuck Rd 59.3 67 1 Starbuck Rd 59.3 68 66 Starbuck Rd 59.3 69 64 Starbuck Rd 59.3 70 Starbuck Rd 59.3 72 Arkansas Ave 59.3 73 85 Arkansas Ave 59.3 74 Arkansas Ave 59.3 75 Arkansas Ave 59.3 76 Arkansas Ave 59.3 77 Arkansas Ave 59.3 78 81 Arkansas Ave 59.3 79 81 Arkansas Ave 59.3 81 Arkansas Ave 59.3 82 Arkansas Ave 59.3 83 Arkansas Ave 59.3 94 13 Midland Ave 59.3 95 11 Midland Ave 59.3 96 1 Goose Cove Ave 59.3 97 9 Midland Ave 59.3 98 7 Midland Ave 59.3 99 5 Midland Ave 59.3 100 3 Midland Ave 59.3 101 1 Midland Ave 59.3 102 49 S. Cambridge St 59.3 103 47 S. Cambridge St 59.3 105 12 Midland Ave 59.3 106 21 Columbus Ave 59.3 107 19 Columbus Ave 59.3 108 17 Columbus Ave 59.3 109 15 Columbus Ave 59.3 110 13 Columbus Ave 59.3 111 11 Columbus Ave 59.3 112 9 Columbus Ave 59.3 113 7 Columbus Ave 59.3 120 51 Starbuck Rd 59.3 129 56 Starbuck Rd 59.3 135 58 Starbuck Rd 59.3 140 60 Starbuck Rd 59.3 141 62 Starbuck Rd 59.3 142 Starbuck Rd 59.3 143 86 Arkansas Ave 59.3 144 86 Arkansas Ave 59.3 145 57 Arkansas Ave 59.3 151 Arkansas Ave 59.3 164 20 Midland Ave 59.3 165 18 Midland Ave 59.3 166 16 Midland Ave 59.3 167 10 Midland Ave 59.3 168 8 Midland Ave 59.3 169 6 Midland Ave 59.3 170 4 Midland Ave 59.3 171 16 Columbus Ave 59.3 172 14 Columbus Ave 59.3 173 12 Columbus Ave 59.3 174 3 Columbus Ave 59.3 175 5 Columbus Ave 59.3 176 59 Starbuck Rd 59.3 179 61 Starbuck Rd 59.3 189 N. Carolina Ave 59.3 190 N. Carolina Ave 59.3 191 N. Carolina Ave 59.3 192 N. Carolina Ave 59.3 193 N. Carolina Ave 59.3 194 N. Carolina Ave 59.3 198 N. Carolina Ave 59.3 199 N. Carolina Ave 59.3 206 14 Midland Ave 59.3 212 10 Columbus Ave 59.3 225 N. Carolina Ave 59.3 226 N. Carolina Ave 59.3 231 Midland Ave 59.3 232 Midland Ave 59.3 233 Madaket 59.3 242 63 Starbuck Rd 59.3 248 S. Carolina Ave 59.3 266 N. Carolina Ave 59.3 267 N. Carolina Ave 59.3 269 N. Carolina Ave 59.4 3 54R Tennessee Ave 59.4 6 58 Tennessee Ave 59.4 8 60 Tennessee Ave 59.4 9 59.4 11 249 Madaket Rd 59.4 15.1 6 S. Cambridge St 59.4 16 2 S. Cambridge St 59.4 16.1 248 Madaket Rd 59.4 29 (includes 24, 25, 26, 27, 28) 15 S. Cambridge St 59.4 30 Goose Cove 59.4 33 60 Arkansas Ave 59.4 34 62 Arkansas Ave 59.4 35 64 Arkansas Ave 59.4 36 66 Arkansas Ave 59.4 37 Arkansas Ave 59.4 37.1 Arkansas Ave 59.4 37.2 Arkansas Ave 59.4 37.3 Arkansas Ave 59.4 38 68 Arkansas Ave 59.4 39 70 Arkansas Ave 59.4 40 72 Arkansas Ave 59.4 41 74 Arkansas Ave 59.4 42 76 Arkansas Ave 59.4 43 78 Arkansas Ave 59.4 46 19 Arkansas Ave 59.4 51 21 Arkansas Ave 59.4 58 Utah Ave 59.4 59 Utah Ave 59.4 62 23 Arkansas Ave 59.4 67.1 67 Starbuck Rd 59.4 67.2 69 Starbuck Rd 59.4 68 282 Madaket Rd 59.4 69 71 Starbuck Rd 59.4 70 59.4 74 7 I St 59.4 75 34 Tennessee Ave 59.4 77 59.4 79 36 Tennessee Ave 59.4 82 (includes 187, 188, 189) 13 Oklahoma Ave 59.4 84 (includes 85. 86, 190, 191, 192) 17 Oklahoma Ave 59.4 87 K St 59.4 88 44 Tennessee Ave 59.4 89 46 Tennessee Ave 59.4 92 48 Tennessee Ave 59.4 93 (includes 200) 50 Tennessee Ave 59.4 94 52R Tennessee Ave 59.4 95 52 Tennessee Ave 59.4 96 54 Tennessee Ave 59.4 98 54 Tennessee Ave 59.4 101 14 N. Cambridge St. 59.4 102 61 Tennessee Ave 59.4 103 63 Tennessee Ave 59.4 104 8 N. Cambridge St 59.4 106 10 N. Cambridge St 59.4 107 2 N. Cambridge St 59.4 109.1 41 Long Pond Dr 59.4 110 246 Madaket Rd 59.4 111 4 S. Cambridge St 59.4 112 39 Long Pond Dr 59.4 114 42 Long Pond Dr 59.4 115 40 Long Pond Dr 59.4 118 244 Madaket Rd 59.4 126 (includes 121, 122, 123, 124, 125) 13 S. Cambridge St 59.4 131 (includes 127, 128, 129, 130) 11 S. Cambridge St 59.4 132 7 S. Cambridge St 59.4 132.1 1 S. Cambridge St 59.4 132.2 3 S. Cambridge St 59.4 133 5 S. Cambridge St 59.4 133.1 8 Arkansas Ave 59.4 133.2 6 Arkansas Ave 59.4 134 10 Arkansas Ave 59.4 135 12 Arkansas Ave 59.4 136 14 Arkansas Ave 59.4 137 16 Arkansas Ave 59.4 138 18 Arkansas Ave 59.4 139 20 Arkansas Ave 59.4 140 22 Arkansas Ave 59.4 141 24 Arkansas Ave 59.4 142 26 Arkansas Ave 59.4 143 28 Arkansas Ave 59.4 144 30 Arkansas Ave 59.4 145 34 Arkansas Ave 59.4 146 36 Arkansas Ave 59.4 147 38 Arkansas Ave 59.4 148 40 Arkansas Ave 59.4 149 42 Arkansas Ave 59.4 150 44 Arkansas Ave 59.4 151 46 Arkansas Ave 59.4 152 48 Arkansas Ave 59.4 153 50 Arkansas Ave 59.4 154 52 Arkansas Ave 59.4 155 54 Arkansas Ave 59.4 156 56 Arkansas Ave 59.4 157 58 Arkansas Ave 59.4 158 13 Arkansas Ave 59.4 159 15 Arkansas Ave 59.4 168 Utah Ave 59.4 169 Utah Ave 59.4 178 Mississippi Ave 59.4 179 Mississippi Ave 59.4 181 4 I St 59.4 201 8 M St 59.4 202 51 Tennessee Ave 59.4 203 51 Tennessee Ave 59.4 207 12 N. Cambridge St 59.4 210 253 Madaket Rd 59.4 211 252 Madaket Rd 59.4 212 254 Madaket Rd 59.4 213 250 Madaket Rd 59.4 214 256 Madaket Rd 59.4 215 3 Arkansas Ave 59.4 216 5 Arkansas Ave 59.4 217 7 Arkansas Ave 59.4 218 9 Arkansas Ave 59.4 219 11 Arkansas Ave 59.4 220 17 Arkansas Ave 59.4 225 Utah Ave 59.4 229 Mississippi Ave 59.4 230 Mississippi Ave 59.4 231 (includes 232 and 233) 11 Mississippi Ave 59.4 238 Madaket 59.4 239 Madaket Rd 59.4 240 Madaket Rd 59.4 243 51 Washington Ave 59.4 245 37 Tennessee Ave 59.4 247 35 Tennessee Ave 59.4 253 38 Tennessee Ave 59.4 255 40 Tennessee Ave 59.4 259 41 Tennessee Ave 59.4 261 2 L St 59.4 262 6 M St 59.4 263 3 M St 59.4 265 255 Madaket Rd 59.4 266 69 Washington Ave 59.4 267 259 Madaket Rd 59.4 268 261 Madaket Rd 59.4 269 262 Madaket Rd 59.4 271 264 Madaket Rd 59.4 272 266 Madaket Rd 59.4 273 266 Madaket Rd 59.4 281 Mississippi Ave 59.4 282 Mississippi Ave 59.4 283 268 Madaket Rd 59.4 285 268 Madaket Rd 59.4 289 276 Madaket Rd 59.4 290 (includes 236, 237, 291) 278 and 280 Madaket Rd 59.4 292 281 Madaket Rd 59.4 294 62 Washington Ave 59.4 296 275 Madaket Rd 59.4 299 54 Washington Ave 59.4 310 43 Tennessee Ave 59.4 315 62 Washington Ave 59.4 319 265 Madaket Rd 59.4 322 270 Madaket Rd 59.4 323 Mississippi Ave 59.4 324 Mississippi Ave 59.4 325 Mississippi Ave 59.4 326 Mississippi Ave 59.4 327 272 Madaket Rd 59.4 328 272 Madaket Rd 59.4 329 274 Madaket Rd 59.4 330 274 Madaket Rd 59.4 331 274 Madaket Rd 59.4 335 277 Madaket Rd 59.4 341 273 Madaket Rd 59.4 347 56 Washington Ave 59.4 348 7 Oakland St 59.4 354 3 Oakland St 59.4 356 271 Madaket Rd 59.4 361 68 Washington Ave 59.4 362 55 Tennessee Ave 59.4 363 55 Tennessee Ave 59.4 365 39 Tennessee Ave 60 3.1 23R Massachusetts Ave 60 3.2 60 4 1 Rhode Island Ave 60 5 17 Massachusetts Ave 60 6 15 Massachusetts Ave 60 7 13 Massachusetts Ave 60 18 60 20 3 Starbuck Rd 60 21 3 Starbuck Rd 60 22 5 Starbuck Rd 60 23 7 Starbuck Rd 60 24 9 Starbuck Rd 60 25 11 Starbuck Rd 60 26 12 Starbuck Rd 60 28 52 Starbuck Rd 60 29 50 Starbuck Rd 60 30 48 Starbuck Rd 60 31 46 Starbuck Rd 60 32 44 Starbuck Rd 60 33 42 Starbuck Rd 60 34 40 Starbuck Rd 60 37 37 Starbuck Rd 60 38 60 39 31 Starbuck Rd 60 40 31 Starbuck Rd 60 75 13 Massachusetts Ave 60 80 11 Massachusetts Ave 60 83 9 Massachusetts Ave 60 92 7 Massachusetts Ave 60 100 332 Madaket Rd 60 101 330 Madaket Rd 60 102 330 Madaket Rd 60 103 328 Madaket Rd 60 104 326 Madaket Rd 60 105 4 Macy Rd 60 106 6 Baltimore St 60 107 23 Starbuck Rd 60 108 21 Starbuck Rd 60 109 19 Starbuck Rd 60 110 17R Starbuck Rd 60 111 17 Starbuck Rd 60 112 15 Starbuck Rd 60 113 13 Starbuck Rd 60 114 14 Starbuck Rd 60 115 16 Starbuck Rd 60 116 18 Starbuck Rd 60 117 20 Starbuck Rd 60 118 22 Starbuck Rd 60 119 24 Starbuck Rd 60 120 26 Starbuck Rd 60 121 25 Starbuck Rd 60 124 5 Chicago St 60 125 338 Madaket Rd 60 130 355 Madaket Rd 60 132 4 California Ave 60 135 4 Ames Ave 60 137 347 Madaket Rd 60 138 2 Ames Ave 60 140 336 Madaket Rd 60 141 334 Madaket Rd 60 142 3 Chicago St 60 143 Macy Rd 60 144 6 Macy Rd 60 146 8 Macy Rd 60 147 6 Chicago St 60 149 54R Starbuck Rd 60 353 60 355 60.1.2 2 F St 60.1.2 4 10 Tennessee Ave 60.1.2 5 12 Tennessee Ave 60.1.2 6 14 Tennessee Ave 60.1.2 11 60.1.2 15 60.1.2 16 60.1.2 17 60.1.2 18 18 Tennessee Ave 60.1.2 22 11 H St 60.1.2 25 22 Tennessee Ave 60.1.2 27 24 Tennessee Ave 60.1.2 29 26 Tennessee Ave 60.1.2 31 28 Tennessee Ave 60.1.2 32 9 I St 60.1.2 33 Oklahoma Ave 60.1.2 38 Oklahoma Ave 60.1.2 41 32 Tennessee Ave 60.1.2 43 15 Tennessee Ave 60.1.2 47 19 Tennessee Ave 60.1.2 54 5 H St 60.1.2 56 21 Tennessee Ave 60.1.2 57 23 Tennessee Ave 60.1.2 60 25 Tennessee Ave 60.1.2 62 37 Washington Ave 60.1.2 63 39 Washington Ave 60.1.2 64 293 Madaket Rd 60.1.2 65 1 H St 60.1.2 66 41 Washington Ave 60.1.2 67 291 Madaket Rd 60.1.2 68 291 Madaket Rd 60.1.2 69 291 Madaket Rd 60.1.2 70 Madaket Rd 60.2.1 1 14 D St 60.2.1 2 16 D St 60.2.1 4 11 E St 60.2.1 6 9 E St 60.2.1 7.1 8 F St 60.2.1 7.2 10 F St 60.2.1 8 9 Tennessee Ave 60.2.1 11 24 Washington Ave 60.2.1 12 22 Washington Ave 60.2.1 13 20 Washington Ave 60.2.1 14 18 Washington Ave 60.2.1 15 7 D St 60.2.1 16 9 D St 60.2.1 17 11 D St 60.2.1 19 60.2.1 21 6 Tennessee Ave 60.2.1 22 6 C St 60.2.1 23 10 Washington Ave 60.2.1 24 12 Washington Ave 60.2.1 25 5 C St 60.2.1 27 6 D St 60.2.1 28 6 D St 60.2.1 29 3 Washington Ave 60.2.1 34 321 Madaket Rd 60.2.1 35 321 Madaket Rd 60.2.1 36 7 Washington Ave 60.2.1 38 317 Madaket Rd 60.2.1 40 9 Washington Ave 60.2.1 41 11 Washington Ave 60.2.1 42 15 Washington Ave 60.2.1 44 17 Washington Ave 60.2.1 45 313 Madaket Rd 60.2.1 46 311 Madaket Rd 60.2.1 48 19 Washington Ave 60.2.1 50 307 Madaket Rd 60.2.1 51 305 Madaket Rd 60.2.1 52 25 Washington Ave 60.2.1 53 27 Washington Ave 60.2.1 54 303 Madaket Rd 60.2.1 55 301 Madaket Rd 60.2.1 57 299 Madaket Rd 60.2.1 58 299 Madaket Rd 60.2.1 59 297 Madaket Rd 60.2.1 60 297 Madaket Rd 60.2.1 61 295 Madaket Rd 60.2.1 62 320 Madaket Rd 60.2.1 63 318 Madaket Rd 60.2.1 64 316 Madaket Rd 60.2.1 65 312 Madaket Rd 60.2.1 66 310 Madaket Rd 60.2.1 67 308 Madaket Rd 60.2.1 68 306 Madaket Rd 60.2.1 69 304 Madaket Rd 60.2.1 70 300 Madaket Rd 60.2.1 71 300 Madaket Rd 60.2.1 75 60.2.1 76 13 C St 60.2.4 23 2 Rhode Island Ave 60.2.4 34 60.2.4 37 60.2.4 38 Maine Ave 60.2.4 53 Alabama Ave 60.2.4 56 8 Ames Ave 60.2.4 58 6 Ames Ave 60.2.4 60 Ames Ave 60.2.4 61 Ames Ave 60.2.4 62 5 Ames Ave 60.2.4 63 343 Madaket Rd 60.2.4 63.1 345 Madaket Rd 60.2.4 64.1 3 Pops Ln 60.2.4 64.2 341 Madaket Rd 60.2.4 64.3 333 Madaket Rd 60.2.4 64.4 337 Madaket Rd 60.2.4 64.5 341A Madaket Rd 60.2.4 65 4 Washington Ave 60.2.4 66 6 Washington Ave 60.2.4 70 4 A St 60.2.4 72 14 Baltimore St 60.2.4 73 16 Baltimore St 60.2.4 75 12 Baltimore St 60.2.4 78 3 A St 60.2.4 79 8 Baltimore St 60.2.4 81 1 Washington Ave 60.2.4 82 324 Madaket Rd 60.2.4 83 1 Tennessee Ave 60.2.4 84 2 Tennessee Ave 60.2.4 86 19 Baltimore St 60.2.4 89 12 C St 60.2.4 93 10 C St 60.2.4 94 Pops Ln 60.3.1 1 60.3.1 6 35 Massachusetts Ave 60.3.1 7 38 Massachusetts Ave 60.3.1 9 34 Massachusetts Av 60.3.1 17 60.3.1 21 Rhode Island Ave 60.3.1 24 60.3.1 59 33 Massachusetts Ave 60.3.1 75 31 Massachusetts Ave 60.3.1 76 29 Massachusetts Ave 60.3.1 85 30 Massachusetts Ave 60.3.1 101 28 Massachusetts Ave 60.3.1 114 24 Massachusetts Ave 60.3.1 116 22 Massachusetts Ave 60.3.1 120 14 New Jersey Ave 60.3.1 124.1 23C Rhode Island Ave 60.3.1 124.2 23B Rhode Island Ave 60.3.1 124.3 23A Rhode Island Ave 60.3.1 132 29 Rhode Island Ave 60.3.1 138 33 Rhode Island Ave 60.3.1 140 35 Rhode Island Ave 60.3.1 142 37 Rhode Island Ave 60.3.1 146 34 Rhode Island Ave 60.3.1 149 32 Rhode Island Ave 60.3.1 150 32 Rhode Island Ave 60.3.1 152 30 Rhode Island Ave 60.3.1 155 28 Rhode Island Ave 60.3.1 160 26 Rhode Island Ave 60.3.1 162 24 Rhode Island Ave 60.3.1 168 22 Rhode Island Ave 60.3.1 170 20 Rhode Island Ave 60.3.1 172 23 New Hampshire Ave 60.3.1 174 25 New Hampshire Ave 60.3.1 182 29 New Hampshire Ave 60.3.1 184 31 New Hampshire Ave 60.3.1 186 33 New Hampshire Ave 60.3.1 192 43 New Hampshire Ave 60.3.1 194 45 New Hampshire Ave 60.3.1 204 30 New Hampshire Ave 60.3.1 214 28 New Hampshire Ave 60.3.1 216 26 New Hampshire Ave 60.3.1 218 24 New Hampshire Ave 60.3.1 220 8 New Jersey Ave 60.3.1 311 23 Massachusetts Ave 60.3.1 312 21 Massachusetts Ave 60.3.1 313 19 Massachusetts Ave ((includes 60/4)) 60.3.1 315 17 Massachusetts Ave 60.3.1 317 15 Massachusetts Ave 60.3.1 321 20 Massachusetts Ave 60.3.1 326 16 Massachusetts Ave 60.3.1 328 14 Massachusetts Ave 60.3.1 332 12 Massachusetts Ave 60.3.1 336 10 Massachusetts Ave 60.3.1 344 5 Rhode Island Ave 60.3.1 348 7 Rhode Island Ave 60.3.1 349 60.3.1 351 11 Rhode Island Ave 60.3.1 355 13 Rhode Island Ave 60.3.1 361 Rhode Island Ave 60.3.1 363 15 Rhode Island Ave 60.3.1 371 16 Rhode Island Ave 60.3.1 379 10 Rhode Island Ave 60.3.1 381 8 New Hampshire Ave 60.3.1 383 6 Rhode Island Ave 60.3.1 385 6 Rhode Island Ave 60.3.1 387 Rhode Island Ave 60.3.1 390 5 New Hampshire Ave 60.3.1 392 7 New Hampshire Ave 60.3.1 394 9 New Hampshire Ave 60.3.1 396 11 New Hampshire Ave 60.3.1 398 13 New Hampshire Ave 60.3.1 399 15 New Hampshire Ave 60.3.1 400 17 New Hampshire Ave 60.3.1 404 19 New Hampshire Ave 60.3.1 408 9 New Jersey Ave 60.3.1 412 6 New Hampshire Ave 60.3.1 420 1 Maine Ave 60.3.1 422 3 Maine Ave 60.3.1 425 9 Maine Ave 60.3.1 431 12 Maine Ave 60.3.1 433 10 Maine Ave 60.3.1 435 8 Maine Ave 60.3.1 437 6 Maine Ave 60.3.1 445 2 Maine Ave 60.3.1 446 2 New Hampshire Ave 60.3.1 448 5 California Ave 60.3.1 451 4 Maine Ave 60.3.1 455 9 California Ave 60.3.1 459 10 Maine Ave 60.3.1 463 14 Maine Ave 60.3.4 97 47 Massachusetts Ave 60.3.4 98 45 Massachusetts Ave RIDGE ST T E N N E S S E E A V MA D A K E T R D W A S H IN G T O N A V L O N G P O N D D R N CAMBRIDGE STM A D A K E T R D M ST M A D A K E T R D S CAMBRI DGE ST A R K A N S A S A V LONG POND DRM A S S A S O IT B R ID G E R D S CAMBRIDGE STGOOSE COVE AVCOUNTY RDMID L A N D A V M A S S A S O I T B R I D G E R D Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet July 29, 2009 2009 Special Town Meeting Warrant Article 21 Legend Buildings Parcel Lines R - 20 to LUG - 1 Roads TYPE PAVED UNPAVED SAND TRACK 1 inch equals 149 feet Zoning Change: Madaket 41-81D Master Plan, Planning Area 1 LUG - 2 R - 20 R - 20 LUG - 3 Map/Parcel Address CodeLot Size(Square Feet)Footprint(Square Feet)ExistingGCRMax GCR(R-20)Max GCR(LUG-1)AvailableGCR (LUG-1)Existing BRAllowed BR1/10,00059.4/10 241 Madaket Road 1090 575,000 2,320 0.40% 71,875 40,250 37,930 2 552009 STM Warrant Article 21R-20 to LUG-1Delacey Property - 241 Madaket RoadPrepared by the Planning Office August 2009 Map/Parcel Address Code Lot Size FootprintExistingGCRMax GCR(R-20)Max GCR(LUG-1)AvailableGCR (LUG-1)59.3/270 or 20 44 S. Cambridge Street59.3/270.1 42 S. Cambridge Street59.3/270.2 40 S. Cambridge Street59.3/270.3 38 S. Cambridge Street59.3/270.4 36 S. Cambridge Street59.3/270.5 34 S. Cambridge Street59.3/270.6 32 S. Cambridge Street59.3/270.7 44S. Cambridge Street59.3/41 46 S. Cambridge Street59.4/22 S. Cambridge Street10,397.8 3,705.8148,5406692(total for 7 freestanding condo's)4.50% 18,567.52009 STM Warrant Article 21R-20 to LUG-1 Massasoit VillagePrepared by the Planning Office - August 20091022 Map/Parcel Address CodeLot Size(Square Feet)Footprint(Square Feet)ExistingGCRMax GCR(R-20)Max GCR(LUG-1)AvailableGCR (LUG-1)Existing BRAllowed BR1/10,00038/10 231 Madaket Road 109R 113,300.00 2,016.00 1.78% 14,162.50 7,931.00 5,915.00 4 759/16 26 Long Pond Drive 1010 50,970.00 1,492.00 2.93% 6,371.25 3,567.90 2,075.90 4 159/17 24 Long Pond Drive 109R 45,740.00 1,564.00 3.42% 5,717.50 3,201.80 1,637.80 5 059/3 23 Long Pond Drive 1010 42,250.00 1,280.00 3.03% 5,281.25 2,957.50 1,677.50 4 059/18 22 Long Pond Drive 1010 41,820.00 1,583.00 3.79% 5,227.50 2,927.40 1,344.40 4 059/15 21 Long Pond Drive 1090 41,820.00 2,048.00 4.90% 5,227.50 2,927.40 879.40 4 059/19 20 Long Pond Drive 1010 37,900.00 1,626.00 4.29% 4,737.50 2,653.00 1,027.00 4 059/37.1 19 Long Pond Drive 1010 45,740.00 1,416.00 3.10% 5,717.50 3,201.80 1,785.80 3 159/20 18 Long Pond Drive 1010 30,930.00 944.00 3.05% 3,866.25 2,165.10 1,221.10 4 059/37 17 Long Pond Drive 1010 45,300.00 2,200.00 4.86% 5,662.50 3,171.00 971.00 3 159/21 16 Long Pond Drive 1010 40,950.00 1,458.00 3.56% 5,118.75 2,866.50 1,408.50 3 159/36 15 Long Pond Drive 1010 40,510.00 1,424.00 3.52% 5,063.75 2,835.70 1,411.70 4 059/22 14 Long Pond Drive 1010 39,640.00 1,296.00 3.27% 4,955.00 2,774.80 1,478.80 4 059/23 12 Long Pond Drive 1010 42,690.00 1,670.00 3.91% 5,336.25 2,988.30 1,318.30 3 159/24 10 Long Pond Drive 1010 57,930.00 1,368.00 2.36% 7,241.25 4,055.10 2,687.10 5 059/25 8 Long Pond Drive 1010 46,170.00 1,570.00 3.40% 5,771.25 3,231.90 1,661.90 3 159/26 6 Long Pond Drive 1010 45,740.00 976.00 2.13% 5,717.50 3,201.80 2,225.80 4 059/27 4 Long Pond Drive 1090 43,560.00 1,560.00 3.58% 5,445.00 3,049.20 1,489.20 4 059/2 229 Madaket Road 1090 100,200.00 1,268.00 1.27% 12,525.00 7,014.00 5,746.00 3 759/1.2 227 Madaket Road 1010 60,110.00 1,844.00 3.07% 7,513.75 4,207.70 2,363.70 3 359.3/42 48 S Cambridge Street 1010 60,984.00 1,100.00 1.80% 7,623.00 4,269.00 3,169.00 4 259.4/113 37 Long Pond Drive 1010 44,000.00 2,322.00 5.28% 5,500.00 3,080.00 758.00 4 059.4/116 38 Long Pond Drive 1090 47,040.00 2,476.00 5.26% 5,880.00 3,292.80 816.80 6 059.4/117 36 Long Pond Drive 1010 38,330.00 1,652.00 4.31% 4,791.25 2,683.10 1,031.10 3 059.4/12 35 Long Pond Drive 1010 45,740.00 1,296.00 2.83% 5,717.50 3,201.80 1,905.80 4 059.4/14 34 Long Pond Drive 1090 45,300.00 1,960.00 4.33% 5,662.50 3,171.00 1,211.00 4 059.4/13 33 Long Pond Drive 1010 41,380.00 1,140.00 2.75% 5,172.50 2,896.60 1,756.60 4 059.4/108 32 Long Pond Drive 1010 49,220.00 1,428.00 2.90% 6,152.50 3,445.40 2,017.40 4 059.4/20 31 Long Pond Drive 1010 32,670.00 1,168.00 3.58% 4,083.75 2,286.90 1,118.90 3 059.4/15 30 Long Pond Drive 1010 50,970.00 1,232.00 2.42% 6,371.25 3,567.90 2,335.90 5 059.4/19 29 Long Pond Drive 1010 34,410.00 1,516.00 4.41% 4,301.25 2,408.70 892.70 5 059.4/109 28 Long Pond Drive 1090 57,500.00 2,032.00 3.53% 7,187.50 4,025.00 1,993.00 5 059.4/18 27 Long Pond Drive 1010 29,190.00 1,673.00 5.73% 3,648.75 2,043.30 370.30 4 059.4/17 25 Long Pond Drive 109R 45,740.00 1,564.00 3.42% 5,717.50 3,201.80 1,637.80 4 059.4/364 235 Madaket Road 1010 40,080.00 1,144.00 2.85% 5,010.00 2,805.60 1,661.60 3 159.4/21 230 Madaket Road 1010 23,190.00 712.00 3.07% 2,898.75 1,623.30 911.30 2 059.4/120.1 232 Madaket Road 1010 24,830.00 1,048.00 4.22% 3,103.75 1,738.10 690.10 3 059.4/120 234 Madaket Road 1010 76,230.00 1,504.00 1.97% 9,528.75 5,336.10 3,832.10 3 459.4/119.1 238 Madaket Road 1010 45,740.00 1,973.00 4.31% 5,717.50 3,201.80 1,228.80 4 059.4/119 240 Madaket Road 1010 45,740.00 812.00 1.78% 5,717.50 3,201.80 2,389.80 3 159.4/118.1 242 Madaket Road 1010 45,740.00 1,548.00 3.38% 5,717.50 3,201.80 1,653.80 3 1Average 47,251.07 1,509.83 3.40% 5,906.38 3,307.58 1,797.75Total 242,161.75 135,610.70 73,707.70 32Median 1,504.00 3.40%2009 STM Warrant Article 21R-20 to LUG-1Prepared by the Planning Office - August 2009 RUSSELLS WYN E W S O U T H R D RUSSELLS WYWAYADEQUECH A M V L Y R D WIGWAM RD WAQUOIT RD NEW S O UTH RMADEQUECHAM VLY RDB U N KER RDMADEQUECHAM VLY RDBUNKER RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet August, 2009 2009 Special Town Meeting Warrant Article 24 & 25 Legend North Pasture Article 24 25 Parcel Lines Buildings Roads TYPE PAVED UNPAVED SAND TRACK 1 inch equals 300 feet Real Estate Conveyance: North Pasture Real Estate Acquisition and Conveyance: North Pasture 70 3 75 5 75 4 AURIGA STSTATION STSURFSIDE RD WESTERN AV CANONICUS STData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet August, 2009 2009 Special Town Meeting Warrant Article 26 Legend Article 26 Parcel Lines 1 inch equals 78 feet Real Estate Acquisition : Western Avenue Land Bank Land Bank Land Bank Town Town (Schoo l S t . ) MI L L E R L N WAY OLD S O U T H R D PINE ED A F F O D I L L N Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet August, 2009 2009 Special Town Meeting Warrant Article 27 Legend Buildings Parcel Lines Article 27 Current Limit of Public Way Roads TYPE PAVED UNPAVED SAND TRACK 1 inch equals 50 feet Miller Lane Access Timeline forSeptember 21, 2009 STMas endorsed by BOS 7/22/09Date Time/Location ActionWed, Jul 22 6PM BOS sets date of STM; opens warrant; endorses timelineMon, Jul 27 4PM Warrant closes to citizen article submittalsTues, Jul 28 by 4PM Any zoning articles sent to PlanningTues, Jul 28 - Mon, Aug 3 n/a Warrant articles prepared/reviewed by Town Administration/Planning/Town CounselTues, Aug 4 4PM Draft warrant must be ready for BOS adoption on 8/5/09Wed, Aug 5 6PM BOS adopts warrant Fri, Aug 7 by Noon Warrant sent to newspaper & FinCom; FinCom public hrg notice sent to newspaperTues, Aug 11 4PM/2 FG FinCom meeting to review warrant articlesThurs, Aug 13 n/a Warrant published in newspaper; FinCom public hrg notice published in newspaperTues, Aug 18 by 4PM Planning Board motions submitted to Town AdministrationThurs, Aug 20 4PM/2 FG FinCom public hearing on warrant articles; Town Counsel present (?)Tues, Aug 25 4PM/2 FG FinCom adoption of motionsWed, Sept 2 6PM BOS adopts any recommendations/comments to articlesFri, Sept 4 by Noon Warrant w/FC motions/Planning Board motions/BOS recs sent to printerFri, Sept 11 end of dayWarrant mailed to voters (last date to mail to comply with Charter requirement to mailto all registered voters 7 days prior to Town MeetingWed, Sept 16 2PM/2FG Pre-STM conference with ModeratorMon, Sept 21 7PM/NHS STM starts (and hopefully, ends on same night)NOTES:Planning Board hearing(s) on zoning articles NOT in here yetVoter reg dates not included hereLabor Day is Mon, Sept 7 COMMONWEALTH OF MASSACHUSETTSCOMMONWEALTH OF MASSACHUSETTSCOMMONWEALTH OF MASSACHUSETTSCOMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET WARRANT FORWARRANT FORWARRANT FORWARRANT FOR September September September September 21,21,21,21, 2009 2009 2009 2009 Special Town MeetingSpecial Town MeetingSpecial Town MeetingSpecial Town Meeting Town of NantucketTown of NantucketTown of NantucketTown of Nantucket 16 Broad Street16 Broad Street16 Broad Street16 Broad Street Nantucket, MA 02554Nantucket, MA 02554Nantucket, MA 02554Nantucket, MA 02554 ((((508508508508) ) ) ) 228228228228----7255725572557255 www.nantucketwww.nantucketwww.nantucketwww.nantucket----ma.govma.govma.govma.gov Page i Town of Nantucket September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMEN Michael KopkoMichael KopkoMichael KopkoMichael Kopko, Chairman, Chairman, Chairman, Chairman Patricia RoggeveenPatricia RoggeveenPatricia RoggeveenPatricia Roggeveen, Vice, Vice, Vice, Vice----ChairmanChairmanChairmanChairman Brian ChadwickBrian ChadwickBrian ChadwickBrian Chadwick Allen ReinhardAllen ReinhardAllen ReinhardAllen Reinhard Rick AthertonRick AthertonRick AthertonRick Atherton FINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEE James R. KellyJames R. KellyJames R. KellyJames R. Kelly, Chairman, Chairman, Chairman, Chairman Matthew T. MulcahyMatthew T. MulcahyMatthew T. MulcahyMatthew T. Mulcahy, Vice, Vice, Vice, Vice----ChairmanChairmanChairmanChairman Charity BenzCharity BenzCharity BenzCharity Benz Christopher J. KickhamChristopher J. KickhamChristopher J. KickhamChristopher J. Kickham Stephen McCluskeyStephen McCluskeyStephen McCluskeyStephen McCluskey PPPPeter Morrisoneter Morrisoneter Morrisoneter Morrison Michael B. RosenMichael B. RosenMichael B. RosenMichael B. Rosen Timothy M. SoverinoTimothy M. SoverinoTimothy M. SoverinoTimothy M. Soverino John TiffanyJohn TiffanyJohn TiffanyJohn Tiffany PLANNING BOARDPLANNING BOARDPLANNING BOARDPLANNING BOARD Barry Rector, ChairmanBarry Rector, ChairmanBarry Rector, ChairmanBarry Rector, Chairman Sylvia HowardSylvia HowardSylvia HowardSylvia Howard Nathaniel LowellNathaniel LowellNathaniel LowellNathaniel Lowell John McLaughlinJohn McLaughlinJohn McLaughlinJohn McLaughlin Linda F. WilliamsLinda F. WilliamsLinda F. WilliamsLinda F. Williams MODERATORMODERATORMODERATORMODERATOR Sarah F. AlgerSarah F. AlgerSarah F. AlgerSarah F. Alger Page ii Town of Nantucket September 21, 2009 Special 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 Manager, 16 Broad Street, Nantucket, MA 02554, (508) 228-7255. IF YOU NEED A LARGE PRINTIF YOU NEED A LARGE PRINTIF YOU NEED A LARGE PRINTIF YOU NEED A LARGE PRINT VERSIONVERSIONVERSIONVERSION OF THIS DOCU OF THIS DOCU OF THIS DOCU OF THIS DOCUMENT,MENT,MENT,MENT, PLEASE CONTACTPLEASE CONTACTPLEASE CONTACTPLEASE CONTACT THTHTHTHEEEE TOWN TOWN TOWN TOWN MANAGEMANAGEMANAGEMANAGER’S R’S R’S R’S OOOOFFICEFFICEFFICEFFICE AT AT AT AT (508) (508) (508) (508) 228228228228----7255725572557255 Page iii Town of Nantucket September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET September 21, 2009September 21, 2009September 21, 2009September 21, 2009 SPECIAL SPECIAL SPECIAL SPECIAL TOWN MEETINGTOWN MEETINGTOWN MEETINGTOWN MEETING TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTS Article NumberArticle NumberArticle NumberArticle Number Page Page Page Page NumberNumberNumberNumber 1 FY 2010 General Fund Operating Budget Adjustments 1 2 FY 2010 Enterprise Fund Operating Budget Adjustments 1 3 Appropriation: FY 2010 Police and Fire Special Detail Fund 2 4 Appropriation: Unpaid Bills 2 5 Reappropriation: Prior Year Article 2 6 Collective Bargaining Agreement/Laborer’s Union 3 7 Acceptance of MGL: Local Option Meals Tax 3 8 Acceptance of MGL: Amend Local Room Occupancy Excise Tax 4 9 Appropriation: Adult Community Day Care Program/Topham 4 10 Zoning: Assisted Living Community (ALC) District – Age Restriction 5 11 Zoning: Assisted Living Community (ALC) District – Operating Entity 5 12 Zoning: Assisted Living Community (ALC) District – Skilled Nursing 6 13 Zoning: Assisted Living Community (ALC) District – Unit Ownership 7 14 Zoning: Assisted Living Community (ALC) District – Major Site Plan Review 7 15 Zoning: Assisted Living Community (ALC) District – Affordable Housing 9 16 Zoning: Definitions and Special Districts 10 17 Real Estate Disposition: Sherburne Commons 17 18 Zoning: Map Change – Madaket RC to VTEC 19 19 Zoning: Map Change – Madaket R-20 to LUG-3 20 20 Zoning: Map Change – Madaket R-20 to VR 24 21 Zoning: Map Change – Madaket R-20 to LUG-1 25 22 Zoning: Height 29 23 Zoning: Height Exemptions 33 24 Real Estate Conveyance: North Pasture 33 25 Real Estate Acquisition and Conveyance: North Pasture 34 26 Real Estate Acquisition: Western Avenue 35 27 Miller Lane Access/Bunting 36 28 Appropriation Reduction: Police Station/Dunton 36 29 Size Reduction: Police Station/Dunton 37 30 Town Meeting Quorum Requirement/Dunton 37 Page iv Town of Nantucket September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions NOTE:NOTE:NOTE:NOTE: PETITION ARTICLES HAVE BEPETITION ARTICLES HAVE BEPETITION ARTICLES HAVE BEPETITION ARTICLES HAVE BEEN PRINTED AS EN PRINTED AS EN PRINTED AS EN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY SUBMITTED BY THE PETITIONERS AND MAY SUBMITTED BY THE PETITIONERS AND MAY SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICONTAIN TYPOGRAPHICONTAIN TYPOGRAPHICONTAIN TYPOGRAPHICAL AND OTHER ERRORSCAL AND OTHER ERRORSCAL AND OTHER ERRORSCAL AND OTHER ERRORS Page 1 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions ARTICLE 1ARTICLE 1ARTICLE 1ARTICLE 1 (Fiscal Year 2010 General Fund Operating Budget Adjustments) To see what action the Town will take to adjust the fiscal year 2010 budget voted at the 2009 annual town meeting by increase, decrease or other adjustments to appropriations voted pursuant to Article 8 for expenditures or sources of funds, and to raise and appropriate, borrow pursuant to any applicable statute, or transfer into various line items of the fiscal year 2010 operating budget from other line items of said budget or transfer from any other available funds, for the purpose of such operating budget adjustments; or to take any other action as related thereto. (Board of Selectmen) FINANCE CFINANCE CFINANCE CFINANCE COMMITTEE MOTION: Moved OMMITTEE MOTION: Moved OMMITTEE MOTION: Moved OMMITTEE MOTION: Moved thatthatthatthat the amounts listed below be transferred the amounts listed below be transferred the amounts listed below be transferred the amounts listed below be transferred between the various Fiscal Year 2010 General Fund accounts and expenditures as follows:between the various Fiscal Year 2010 General Fund accounts and expenditures as follows:between the various Fiscal Year 2010 General Fund accounts and expenditures as follows:between the various Fiscal Year 2010 General Fund accounts and expenditures as follows: FROMFROMFROMFROM TOTOTOTO AMOUNTAMOUNTAMOUNTAMOUNT Our Island Home, SalariesOur Island Home, SalariesOur Island Home, SalariesOur Island Home, Salaries Adult Community Day Care, SalariesAdult Community Day Care, SalariesAdult Community Day Care, SalariesAdult Community Day Care, Salaries $ 2,500$ 2,500$ 2,500$ 2,500 PoPoPoPolice Department, Salarieslice Department, Salarieslice Department, Salarieslice Department, Salaries Building Department, SalariesBuilding Department, SalariesBuilding Department, SalariesBuilding Department, Salaries $ 8,300$ 8,300$ 8,300$ 8,300 Council for Human Svcs, SalariesCouncil for Human Svcs, SalariesCouncil for Human Svcs, SalariesCouncil for Human Svcs, Salaries Commission on Disability, SalariesCommission on Disability, SalariesCommission on Disability, SalariesCommission on Disability, Salaries $ 650$ 650$ 650$ 650 Council for Human Svcs, SalariesCouncil for Human Svcs, SalariesCouncil for Human Svcs, SalariesCouncil for Human Svcs, Salaries Council on Aging, SalariesCouncil on Aging, SalariesCouncil on Aging, SalariesCouncil on Aging, Salaries $ 200$ 200$ 200$ 200 Ambulance ReservAmbulance ReservAmbulance ReservAmbulance Reserve Funde Funde Funde Fund Fire Department, ExpenseFire Department, ExpenseFire Department, ExpenseFire Department, Expense $ 60,000$ 60,000$ 60,000$ 60,000 Police Department, SalariesPolice Department, SalariesPolice Department, SalariesPolice Department, Salaries Fire Department, SalariesFire Department, SalariesFire Department, SalariesFire Department, Salaries $ 19,500$ 19,500$ 19,500$ 19,500 Police Department, SalariesPolice Department, SalariesPolice Department, SalariesPolice Department, Salaries HDC, SalariesHDC, SalariesHDC, SalariesHDC, Salaries $ 2,600$ 2,600$ 2,600$ 2,600 Police Department, SalariesPolice Department, SalariesPolice Department, SalariesPolice Department, Salaries Health Department, SalariesHealth Department, SalariesHealth Department, SalariesHealth Department, Salaries $ 33,400$ 33,400$ 33,400$ 33,400 PlaPlaPlaPlanning Office, Salariesnning Office, Salariesnning Office, Salariesnning Office, Salaries IS/GIS, SalariesIS/GIS, SalariesIS/GIS, SalariesIS/GIS, Salaries $ 4,100$ 4,100$ 4,100$ 4,100 Police Department, SalariesPolice Department, SalariesPolice Department, SalariesPolice Department, Salaries Contractual AllowancesContractual AllowancesContractual AllowancesContractual Allowances $ 200,000$ 200,000$ 200,000$ 200,000 Planning Office, SalariesPlanning Office, SalariesPlanning Office, SalariesPlanning Office, Salaries Parks & Recreation, SalariesParks & Recreation, SalariesParks & Recreation, SalariesParks & Recreation, Salaries $ 7,300$ 7,300$ 7,300$ 7,300 Police Department, SalariesPolice Department, SalariesPolice Department, SalariesPolice Department, Salaries Public Works, SalariesPublic Works, SalariesPublic Works, SalariesPublic Works, Salaries $ $ $ $ 10,300 10,300 10,300 10,300 Public Works, ExpensePublic Works, ExpensePublic Works, ExpensePublic Works, Expense Public Works, SalariesPublic Works, SalariesPublic Works, SalariesPublic Works, Salaries $ 10,200$ 10,200$ 10,200$ 10,200 Planning Office, SalariesPlanning Office, SalariesPlanning Office, SalariesPlanning Office, Salaries Town Clerk, SalariesTown Clerk, SalariesTown Clerk, SalariesTown Clerk, Salaries $ 1,100$ 1,100$ 1,100$ 1,100 Planning Office, SalariesPlanning Office, SalariesPlanning Office, SalariesPlanning Office, Salaries Visitor Services, SalariesVisitor Services, SalariesVisitor Services, SalariesVisitor Services, Salaries $ 7,300$ 7,300$ 7,300$ 7,300 School Fuel Tank Grant ProceedsSchool Fuel Tank Grant ProceedsSchool Fuel Tank Grant ProceedsSchool Fuel Tank Grant Proceeds Reserve FundReserve FundReserve FundReserve Fund $ $ $ $ 61,000 61,000 61,000 61,000 TTTTOTALOTALOTALOTAL $$$$ 428428428428,450,450,450,450 BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE ARTICLE ARTICLE ARTICLE 2222 (Fiscal Year 2010 Enterprise Fund Operating Budgets Adjustments) To see if the Town will vote to amend the appropriations voted pursuant to Article 12 of the 2009 Annual Town Meeting by increase, decrease or other adjustment to appropriations for expenditures or sources of funds, for the operations of the Enterprise Funds of the Town; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Motion to be provided at the Town Meeting.Motion to be provided at the Town Meeting.Motion to be provided at the Town Meeting.Motion to be provided at the Town Meeting. Page 2 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions ARTARTARTARTICLE 3ICLE 3ICLE 3ICLE 3 (Appropriation: FY 2010 Police and Fire Special Detail Fund) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from any line item of the FY 2010 operating budget voted pursuant to Article 8 of the 2009 Annual Town Meeting, or from any other available funds, to fund the Police and Fire Special Detail Fund to be used for the purposes for which the fund was established pursuant to Chapter 44, Section 53C of the General Laws of the Commonwealth; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that no action be taken on the subject matter Moved that no action be taken on the subject matter Moved that no action be taken on the subject matter Moved that no action be taken on the subject matter of the of the of the of the Article.Article.Article.Article. FINANCE COMMITTEE COMMENT: The purpose of this Article is to address legacy FINANCE COMMITTEE COMMENT: The purpose of this Article is to address legacy FINANCE COMMITTEE COMMENT: The purpose of this Article is to address legacy FINANCE COMMITTEE COMMENT: The purpose of this Article is to address legacy accounting matters pertaining to the offaccounting matters pertaining to the offaccounting matters pertaining to the offaccounting matters pertaining to the off----duty detail accounts. Due to current economic duty detail accounts. Due to current economic duty detail accounts. Due to current economic duty detail accounts. Due to current economic conditions, as a Committee, we propose the Article be revisited at the Annconditions, as a Committee, we propose the Article be revisited at the Annconditions, as a Committee, we propose the Article be revisited at the Annconditions, as a Committee, we propose the Article be revisited at the Annual Town Meeting ual Town Meeting ual Town Meeting ual Town Meeting held in the spring.held in the spring.held in the spring.held in the spring. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 4ARTICLE 4ARTICLE 4ARTICLE 4 (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; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: MoFINANCE COMMITTEE MOTION: MoFINANCE COMMITTEE MOTION: MoFINANCE COMMITTEE MOTION: Motion to be provided at the Town Meeting.tion to be provided at the Town Meeting.tion to be provided at the Town Meeting.tion to be provided at the Town Meeting. ARTICLE 5ARTICLE 5ARTICLE 5ARTICLE 5 (Reappropriation: Prior Year Article) To see if the Town will vote to amend the purpose of an appropriation of Thirty-five Thousand Dollars ($35,000) pursuant to an affirmative vote of Article 23 of the 2007 Annual Town Meeting so that it is expanded from funding “a report of options for the operational structure of the municipal aggregate to be expended at the direction of the Town Administrator” to include funding “costs associated with the study, permitting, design and construction of municipal renewable energy projects to be expended with the approval of the Town Manager.”; or take any other action related thereto. (Board of Selectmen for Energy Study Committee) FINANCE COMMITTEE MOTION: Moved that the purpose of an appropriation of ThirtyFINANCE COMMITTEE MOTION: Moved that the purpose of an appropriation of ThirtyFINANCE COMMITTEE MOTION: Moved that the purpose of an appropriation of ThirtyFINANCE COMMITTEE MOTION: Moved that the purpose of an appropriation of Thirty----five five five five Thousand Dollars ($35,000) pursuant to an affirmative vote of Article 23 of the 2007 Annual Thousand Dollars ($35,000) pursuant to an affirmative vote of Article 23 of the 2007 Annual Thousand Dollars ($35,000) pursuant to an affirmative vote of Article 23 of the 2007 Annual Thousand Dollars ($35,000) pursuant to an affirmative vote of Article 23 of the 2007 Annual Town Meeting is expanded from funding “a repTown Meeting is expanded from funding “a repTown Meeting is expanded from funding “a repTown Meeting is expanded from funding “a report of options for the operational structure of the ort of options for the operational structure of the ort of options for the operational structure of the ort of options for the operational structure of the Page 3 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions municipal aggregate to be expended at the direction of the Town Administrator” to include municipal aggregate to be expended at the direction of the Town Administrator” to include municipal aggregate to be expended at the direction of the Town Administrator” to include municipal aggregate to be expended at the direction of the Town Administrator” to include funding “costs associated with the study, permitting, design and construction of municipal funding “costs associated with the study, permitting, design and construction of municipal funding “costs associated with the study, permitting, design and construction of municipal funding “costs associated with the study, permitting, design and construction of municipal renewable energy projecrenewable energy projecrenewable energy projecrenewable energy projects to be expended with the approval of the Town Manager.”ts to be expended with the approval of the Town Manager.”ts to be expended with the approval of the Town Manager.”ts to be expended with the approval of the Town Manager.” BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE ARTICLE ARTICLE ARTICLE 6666 (Appropriation: Collective Bargaining Agreement/Laborer’s Union) To see what sums the Town may raise and appropriate or transfer from available funds or from adjustments to the Town’s budgets for Fiscal Year 2010 as voted at the April 2009 Annual Town Meeting, to fund the cost items for Fiscal Year 2010 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 related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the Town’s classifMoved that the Town’s classifMoved that the Town’s classifMoved that the Town’s classification and compensation ication and compensation ication and compensation ication and compensation plan be amended to reflect two amended contracts for the period FY 2010 through FY plan be amended to reflect two amended contracts for the period FY 2010 through FY plan be amended to reflect two amended contracts for the period FY 2010 through FY plan be amended to reflect two amended contracts for the period FY 2010 through FY 2012201220122012 as as as as a result of collective bargaining agreements between the Town of Nantucket (represented by a result of collective bargaining agreements between the Town of Nantucket (represented by a result of collective bargaining agreements between the Town of Nantucket (represented by a result of collective bargaining agreements between the Town of Nantucket (represented by the Board of Selectmen) and the Massachusetts Labthe Board of Selectmen) and the Massachusetts Labthe Board of Selectmen) and the Massachusetts Labthe Board of Selectmen) and the Massachusetts Laborer’s District Council of the Laborer’s orer’s District Council of the Laborer’s orer’s District Council of the Laborer’s orer’s District Council of the Laborer’s International Union of North America, International Union of North America, International Union of North America, International Union of North America, AFLAFLAFLAFL----CIO,CIO,CIO,CIO, representing Department Heads (Unit 1060) representing Department Heads (Unit 1060) representing Department Heads (Unit 1060) representing Department Heads (Unit 1060) and employees in units 4349 and 4348, in accordance with ch. 150E of the General Laws of and employees in units 4349 and 4348, in accordance with ch. 150E of the General Laws of and employees in units 4349 and 4348, in accordance with ch. 150E of the General Laws of and employees in units 4349 and 4348, in accordance with ch. 150E of the General Laws of the Commonwealth.the Commonwealth.the Commonwealth.the Commonwealth. FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENT:COMMENT:COMMENT:COMMENT: This is a technical action required due to the extension This is a technical action required due to the extension This is a technical action required due to the extension This is a technical action required due to the extension of the collective bargaining agreementof the collective bargaining agreementof the collective bargaining agreementof the collective bargaining agreementssss with the Laborer’s with the Laborer’s with the Laborer’s with the Laborer’s UUUUnion for one additional year nion for one additional year nion for one additional year nion for one additional year resulting from the union’s agreement with a wage freeze for Fiscal Year 2010.resulting from the union’s agreement with a wage freeze for Fiscal Year 2010.resulting from the union’s agreement with a wage freeze for Fiscal Year 2010.resulting from the union’s agreement with a wage freeze for Fiscal Year 2010. The additional The additional The additional The additional year resyear resyear resyear results in a contract which requires approval by Town Meeting.ults in a contract which requires approval by Town Meeting.ults in a contract which requires approval by Town Meeting.ults in a contract which requires approval by Town Meeting. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. AAAARTICLERTICLERTICLERTICLE 7 7 7 7 (Acceptance of Massachusetts General Law: Local Options Meals Tax) To see if the Town will vote to accept G.L. c. 64L, s. 2(a) to impose a local meals tax; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that Moved that Moved that Moved that the Article not be adopted.the Article not be adopted.the Article not be adopted.the Article not be adopted. FINANCE COMMITTEE COMMENT: In lieu of other tax increasesFINANCE COMMITTEE COMMENT: In lieu of other tax increasesFINANCE COMMITTEE COMMENT: In lieu of other tax increasesFINANCE COMMITTEE COMMENT: In lieu of other tax increases and implementations, the and implementations, the and implementations, the and implementations, the Finance Committee feels this tax will be burdensome to the yearFinance Committee feels this tax will be burdensome to the yearFinance Committee feels this tax will be burdensome to the yearFinance Committee feels this tax will be burdensome to the year----round community.round community.round community.round community. Page 4 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the original warrant The Board of Selectmen supports the original warrant The Board of Selectmen supports the original warrant The Board of Selectmen supports the original warrant article. A local option meals tax increase of .75% is expected to article. A local option meals tax increase of .75% is expected to article. A local option meals tax increase of .75% is expected to article. A local option meals tax increase of .75% is expected to yield over $600,000 in revenue yield over $600,000 in revenue yield over $600,000 in revenue yield over $600,000 in revenue to the Town. In order to maintain town services, we feel this moderate increase in the meals to the Town. In order to maintain town services, we feel this moderate increase in the meals to the Town. In order to maintain town services, we feel this moderate increase in the meals to the Town. In order to maintain town services, we feel this moderate increase in the meals tax is a nontax is a nontax is a nontax is a non----burdensome way to fund essential town services, especially at a time of declining burdensome way to fund essential town services, especially at a time of declining burdensome way to fund essential town services, especially at a time of declining burdensome way to fund essential town services, especially at a time of declining town revenue.town revenue.town revenue.town revenue. ARTICLEARTICLEARTICLEARTICLE 8 8 8 8 (Acceptance of Massachusetts General Law: Amend Local Room Occupancy Excise Tax) To see if the Town will vote to accept the new G.L. ch. 64G, s. 3A recently voted by the General Court and to see what rate of local room occupancy excise under G.L. ch. 64G, s. 3A the Town will vote; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that Moved that Moved that Moved that sections 51 and 52 of ch. 27 of the Acts of 2009 sections 51 and 52 of ch. 27 of the Acts of 2009 sections 51 and 52 of ch. 27 of the Acts of 2009 sections 51 and 52 of ch. 27 of the Acts of 2009 amending s. 3A of ch. 64G of the General Laws of the Commonwealth be hereby accepted anamending s. 3A of ch. 64G of the General Laws of the Commonwealth be hereby accepted anamending s. 3A of ch. 64G of the General Laws of the Commonwealth be hereby accepted anamending s. 3A of ch. 64G of the General Laws of the Commonwealth be hereby accepted and d d d that the Town’s local room occupancy excise under such ch. 64G, s. 3A be hereby amended to that the Town’s local room occupancy excise under such ch. 64G, s. 3A be hereby amended to that the Town’s local room occupancy excise under such ch. 64G, s. 3A be hereby amended to that the Town’s local room occupancy excise under such ch. 64G, s. 3A be hereby amended to the rate of 6% to take effect on the rate of 6% to take effect on the rate of 6% to take effect on the rate of 6% to take effect on January 1, 2010January 1, 2010January 1, 2010January 1, 2010, on the rental of rooms in hotels, motels, , on the rental of rooms in hotels, motels, , on the rental of rooms in hotels, motels, , on the rental of rooms in hotels, motels, lodging houses and bed and breakfast establishments; as provided by suclodging houses and bed and breakfast establishments; as provided by suclodging houses and bed and breakfast establishments; as provided by suclodging houses and bed and breakfast establishments; as provided by such law.h law.h law.h law. FINANCE COMMITTEE COFINANCE COMMITTEE COFINANCE COMMITTEE COFINANCE COMMITTEE COMMENT:MMENT:MMENT:MMENT: Economic conditions have required the Economic conditions have required the Economic conditions have required the Economic conditions have required the sssstate to reduce tate to reduce tate to reduce tate to reduce the amount of the amount of the amount of the amount of local aid provided to communities.local aid provided to communities.local aid provided to communities.local aid provided to communities. In order to mitigate the effects of this In order to mitigate the effects of this In order to mitigate the effects of this In order to mitigate the effects of this reduction in funding, the state has modified its guidelines on local room occupancy excise to reduction in funding, the state has modified its guidelines on local room occupancy excise to reduction in funding, the state has modified its guidelines on local room occupancy excise to reduction in funding, the state has modified its guidelines on local room occupancy excise to increase thincrease thincrease thincrease the maximum amount charged by a municipality from four percent to six percent. The e maximum amount charged by a municipality from four percent to six percent. The e maximum amount charged by a municipality from four percent to six percent. The e maximum amount charged by a municipality from four percent to six percent. The full amount of the increase in local room full amount of the increase in local room full amount of the increase in local room full amount of the increase in local room occupancy occupancy occupancy occupancy excise will remain within the community excise will remain within the community excise will remain within the community excise will remain within the community and be available for local municipal use subject to appropriation.and be available for local municipal use subject to appropriation.and be available for local municipal use subject to appropriation.and be available for local municipal use subject to appropriation. The Committee re The Committee re The Committee re The Committee recommends commends commends commends that consideration be given at the Annual Town Meeting to capping additional funds being that consideration be given at the Annual Town Meeting to capping additional funds being that consideration be given at the Annual Town Meeting to capping additional funds being that consideration be given at the Annual Town Meeting to capping additional funds being given to Visitor Services through a bylaw amendment.given to Visitor Services through a bylaw amendment.given to Visitor Services through a bylaw amendment.given to Visitor Services through a bylaw amendment. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. AAAARTICLERTICLERTICLERTICLE 9 9 9 9 (Appropriation: Adult Community Day Care Program) To see if the Town will vote to: raise and appropriate, borrow or transfer from available funds a sum of money to continuously maintain the operations of the Adult Day Care Center which has been in existence since 1992, providing a range of services and activities in an appropriate supervised setting for adults with functional impairments. (Jeanette D. Topham, et al) FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved that no action be taken on the subject matter of the that no action be taken on the subject matter of the that no action be taken on the subject matter of the that no action be taken on the subject matter of the ArtiArtiArtiArticle.cle.cle.cle. FINANCE COMMITTEE COMMENT: Town FINANCE COMMITTEE COMMENT: Town FINANCE COMMITTEE COMMENT: Town FINANCE COMMITTEE COMMENT: Town mmmmeetings may not bind future town meetings to eetings may not bind future town meetings to eetings may not bind future town meetings to eetings may not bind future town meetings to future expenditures. future expenditures. future expenditures. future expenditures. Page 5 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 10 10 10 10 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Age Restriction) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsections (1)(a) and (b) 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) Elder housing facility containing no more than two occupants per unit and each occupant is either age 62 55 or older or is disabled or both; (b) Independent-living cottages containing no more than two occupants per unit and each occupant is either age 62 55 or older or disabled or both. Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved that Moved that Moved that Moved that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsections (1)(a) and (b) Nantucket, section 14, paragraph C, subsections (1)(a) and (b) Nantucket, section 14, paragraph C, subsections (1)(a) and (b) Nantucket, section 14, paragraph C, subsections (1)(a) and (b) be amended be amended be amended be amended as follows as follows as follows as follows (NOTE: (NOTE: (NOTE: (NOTE: new language is shown as highlighted text, language to be deleted is shown by stnew language is shown as highlighted text, language to be deleted is shown by stnew language is shown as highlighted text, language to be deleted is shown by stnew language is shown as highlighted text, language to be deleted is shown by strikeout; these rikeout; these rikeout; these rikeout; these methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text): (a) Elder housing facility containing no more than two occupants per unit and each (a) Elder housing facility containing no more than two occupants per unit and each (a) Elder housing facility containing no more than two occupants per unit and each (a) Elder housing facility containing no more than two occupants per unit and each occupant is occupant is occupant is occupant is eithereithereithereither age age age age 62626262 55 55 55 55 or older or is disabledor older or is disabledor older or is disabledor older or is disabled or both or both or both or both;;;; (b) Independent(b) Independent(b) Independent(b) Independent----livinlivinlivinliving cottages containing no more than two occupants per unit and g cottages containing no more than two occupants per unit and g cottages containing no more than two occupants per unit and g cottages containing no more than two occupants per unit and each occupant is each occupant is each occupant is each occupant is eithereithereithereither age age age age 62626262 55555555 or older or disabled or older or disabled or older or disabled or older or disabled or both or both or both or both.... FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Sel The Board of Sel The Board of Sel The Board of Selectmen supports the Planning Board ectmen supports the Planning Board ectmen supports the Planning Board ectmen supports the Planning Board Motion.Motion.Motion.Motion. ARTICLE 11ARTICLE 11ARTICLE 11ARTICLE 11 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Operating Entity) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) 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): … an not-for-profit entity created for the purpose of engaged in providing housing for Nantucket senior citizens. Page 6 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved that Moved that Moved that Moved that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of NantNantNantNantucket, section 14, paragraph C, subsection (1) ucket, section 14, paragraph C, subsection (1) ucket, section 14, paragraph C, subsection (1) ucket, section 14, paragraph C, subsection (1) be amended be amended be amended be amended as followsas followsas followsas follows (NOTE: new (NOTE: new (NOTE: new (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these language is shown as highlighted text, language to be deleted is shown by strikeout; these language is shown as highlighted text, language to be deleted is shown by strikeout; these 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):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text): … a… a… a… annnn notnotnotnot----forforforfor----profitprofitprofitprofit entity entity entity entity created for the purpose ofcreated for the purpose ofcreated for the purpose ofcreated for the purpose of engaged inengaged inengaged inengaged in providing housing for Nantucket providing housing for Nantucket providing housing for Nantucket providing housing for Nantucket senior citizens.senior citizens.senior citizens.senior citizens. FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports thThe Board of Selectmen supports thThe Board of Selectmen supports thThe Board of Selectmen supports the Planning Board e Planning Board e Planning Board e Planning Board Motion.Motion.Motion.Motion. ARTICLE 12ARTICLE 12ARTICLE 12ARTICLE 12 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Skilled Nursing) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) 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) Skilled nursing care and associated facilities (c) (d) … (d) (e) … Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved that Moved that Moved that Moved that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) Nantucket, section 14, paragraph C, subsection (1) Nantucket, section 14, paragraph C, subsection (1) Nantucket, section 14, paragraph C, subsection (1) be amended be amended be amended be amended as foas foas foas followsllowsllowsllows (NOTE: new (NOTE: new (NOTE: new (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these language is shown as highlighted text, language to be deleted is shown by strikeout; these language is shown as highlighted text, language to be deleted is shown by strikeout; these 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):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text): (c) Skilled nursing care and associated facilities(c) Skilled nursing care and associated facilities(c) Skilled nursing care and associated facilities(c) Skilled nursing care and associated facilities (c)(c)(c)(c) (d)(d)(d)(d) … … … … (d)(d)(d)(d) (e)(e)(e)(e) … … … … FFFFINANCE COMMITTEE INANCE COMMITTEE INANCE COMMITTEE INANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. Page 7 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. AAAARTICLE 13RTICLE 13RTICLE 13RTICLE 13 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Unit Ownership) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) 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): … Buildings constructed or maintained for assisted/independent community housing shall be owned and/or managed by the Town of Nantucket… Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) PLANNING BOPLANNING BOPLANNING BOPLANNING BOARD MOTION: Moved that ARD MOTION: Moved that ARD MOTION: Moved that ARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) Nantucket, section 14, paragraph C, subsection (1) Nantucket, section 14, paragraph C, subsection (1) Nantucket, section 14, paragraph C, subsection (1) be amended be amended be amended be amended as follows as follows as follows as follows (NOTE: new (NOTE: new (NOTE: new (NOTE: new language is shown as hilanguage is shown as hilanguage is shown as hilanguage is shown as highlighted text, language to be deleted is shown by strikeout; these ghlighted text, language to be deleted is shown by strikeout; these ghlighted text, language to be deleted is shown by strikeout; these ghlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text): … Buildings constructed or maintained for assisted/independent community housing shall be … Buildings constructed or maintained for assisted/independent community housing shall be … Buildings constructed or maintained for assisted/independent community housing shall be … Buildings constructed or maintained for assisted/independent community housing shall be owned and/orowned and/orowned and/orowned and/or managed b managed b managed b managed by the Town of Nantucket…y the Town of Nantucket…y the Town of Nantucket…y the Town of Nantucket… FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. AAAARTICLE 14RTICLE 14RTICLE 14RTICLE 14 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Major Site Plan Review) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) 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) … The district may include the following permitted uses subject to a major site plan review as defined in § 139-23F(2) by special permit: (a) … (b) … Page 8 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions (c) Employee hHousing for staff employed by the ALC containing no more than four dwelling units; (d) … (2) Uses allowed by special permit, subject to a major site plan review as defined in § 139-23F(2): (a) Employee housing for employees of the ALC, exceeding a total of four units but not exceeding 10% of the total number of ALC dwelling units in the district. (3) (2) … Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved that Moved that Moved that Moved that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) Nantucket, section 14, paragraph C, subsection (1) Nantucket, section 14, paragraph C, subsection (1) Nantucket, section 14, paragraph C, subsection (1) be amended be amended be amended be amended as follows as follows as follows as follows (NOTE: new (NOTE: new (NOTE: new (NOTE: new language is shown as hlanguage is shown as hlanguage is shown as hlanguage is shown as highlighted text, language to be deleted is shown by strikeout; these ighlighted text, language to be deleted is shown by strikeout; these ighlighted text, language to be deleted is shown by strikeout; these ighlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text): (1) … The district may include the following (1) … The district may include the following (1) … The district may include the following (1) … The district may include the following permittedpermittedpermittedpermitted uses uses uses uses subject to a major site plan subject to a major site plan subject to a major site plan subject to a major site plan review as defined in §review as defined in §review as defined in §review as defined in § 139139139139----23F23F23F23F(2)(2)(2)(2) by special permit: by special permit: by special permit: by special permit: (a) …(a) …(a) …(a) … (b) …(b) …(b) …(b) … (c)(c)(c)(c) Employee h Employee h Employee h Employee hHHHHousing for staff employed by the ALC ousing for staff employed by the ALC ousing for staff employed by the ALC ousing for staff employed by the ALC containing no more than four containing no more than four containing no more than four containing no more than four dwelling unitsdwelling unitsdwelling unitsdwelling units;;;; (d) …(d) …(d) …(d) … (2) Uses allowed by special permit, subject to a major site plan review as defined in (2) Uses allowed by special permit, subject to a major site plan review as defined in (2) Uses allowed by special permit, subject to a major site plan review as defined in (2) Uses allowed by special permit, subject to a major site plan review as defined in §§§§ 139139139139----23F23F23F23F(2):(2):(2):(2): (a) Employee housing for employees of the ALC, exceeding a total of four units but not (a) Employee housing for employees of the ALC, exceeding a total of four units but not (a) Employee housing for employees of the ALC, exceeding a total of four units but not (a) Employee housing for employees of the ALC, exceeding a total of four units but not exceeding 10% of the total number of ALC dwelling units in the district.exceeding 10% of the total number of ALC dwelling units in the district.exceeding 10% of the total number of ALC dwelling units in the district.exceeding 10% of the total number of ALC dwelling units in the district. (3)(3)(3)(3) (2)(2)(2)(2) … … … … FINANCEFINANCEFINANCEFINANCE COMMITTEE COMMITTEE COMMITTEE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. Page 9 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions ARTICLE 15ARTICLE 15ARTICLE 15ARTICLE 15 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Affordable Housing) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C by taking the following actions: 1. To amend subsection 2 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): (b) Affordable housing 2. To amend subsection 3 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) Maximum number of units (excluding employee housing and affordable housing)… Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved that Moved that Moved that Moved that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C by taking the following actions:Nantucket, section 14, paragraph C by taking the following actions:Nantucket, section 14, paragraph C by taking the following actions:Nantucket, section 14, paragraph C by taking the following actions: 1. To amend subsection 2 as follows 1. To amend subsection 2 as follows 1. To amend subsection 2 as follows 1. To amend subsection 2 as follows (NOTE: new language is shown as highlig(NOTE: new language is shown as highlig(NOTE: new language is shown as highlig(NOTE: new language is shown as highlighted text, hted text, hted text, hted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant language to be deleted is shown by strikeout; these methods to denote changes are not meant language to be deleted is shown by strikeout; these methods to denote changes are not meant language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text):to become part of the final text):to become part of the final text):to become part of the final text): (c)(c)(c)(c) Affordable housingAffordable housingAffordable housingAffordable housing 2. To amend subsection 3 as follows 2. To amend subsection 3 as follows 2. To amend subsection 3 as follows 2. To amend subsection 3 as follows (NOTE: new language is shown as highlighted text, (NOTE: new language is shown as highlighted text, (NOTE: new language is shown as highlighted text, (NOTE: new language is shown as highlighted text, language tlanguage tlanguage tlanguage to be deleted is shown by strikeout; these methods to denote changes are not meant o be deleted is shown by strikeout; these methods to denote changes are not meant o be deleted is shown by strikeout; these methods to denote changes are not meant o be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text):to become part of the final text):to become part of the final text):to become part of the final text): (c) Maximum number of units (excluding employee housing (c) Maximum number of units (excluding employee housing (c) Maximum number of units (excluding employee housing (c) Maximum number of units (excluding employee housing and affordable housingand affordable housingand affordable housingand affordable housing)…)…)…)… PLANNING BOARD COMMENT: PLANNING BOARD COMMENT: PLANNING BOARD COMMENT: PLANNING BOARD COMMENT: Adoption of this amendment does Adoption of this amendment does Adoption of this amendment does Adoption of this amendment does not require affordable not require affordable not require affordable not require affordable housing to be located on the housing to be located on the housing to be located on the housing to be located on the property or allow it by right. property or allow it by right. property or allow it by right. property or allow it by right. It is permissive in that affordable It is permissive in that affordable It is permissive in that affordable It is permissive in that affordable housing could be proposed as part of a special permit application.housing could be proposed as part of a special permit application.housing could be proposed as part of a special permit application.housing could be proposed as part of a special permit application. FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT:::: The Finance Committee supports the Planni The Finance Committee supports the Planni The Finance Committee supports the Planni The Finance Committee supports the Planning Board ng Board ng Board ng Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. Page 10 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions ARTICLE 16ARTICLE 16ARTICLE 16ARTICLE 16 (Zoning Bylaw Amendment: Definitions and Special 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: 1. To amend section 2, Definitions, 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): ASSISTED-INDEPENDENT-LIVING COMMUNITY An assisted-living residence, as defined by MGL c. 19D, including but not limited to, any associated dining facilities, common rooms, activity rooms, offices, accessory structures, and recreational facilities, that provides for the benefits of its residents services, including but not limited to: meals provided in a common dining room or delivered to rooms or cottages; housekeeping and laundry services; transportation services; emergency response services; assistance with eating, bathing, dressing, toileting and walking; security; exercise programs; medication reminders; and social and recreational activities. [Added 4-10-2000 ATM by Art. 27, AG approval 8-2-2000] ELDER HOUSING FACILITIES A facility containing one- and two-bedroom and/or studio apartments for independent living for use by elderly and/or disabled individuals, which may be integrated wholly or partially with an assisted-living residence as defined by MGL c. 19D, including associated dining facilities, common rooms, activity rooms, offices, accessory structures, and, recreational facilities. [Added 4-10-2000 ATM by Art. 27, AG approval 8-2-2000] One or more structures used for independent living, assisted living, skilled nursing care, hospice care, and other long term residential care for persons 55 or older or the disabled. Such structures may be detached dwelling units, attached dwellings units, integrated dwelling units, and/or multiple bedroom long term care facilities, as well as associated and ancillary facilities and services. INDEPENDENT-LIVING COTTAGES Residences each containing not more than two bedrooms that are constructed for the purpose of providing independent-living housing for elderly and disabled citizens, and are managed as a unified community with shared landscaping maintenance, housekeeping, recreational, and related services. [Added 4-10-2000 ATM by Art. 27, AG approval 8-2-2000] 2. To amend section 14 by deleting the existing text, 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 11 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions 139-14. Special Districts Academy Hill AHD and Our Island Home OIH and Assisted/Independent Living Community District (ALC). A. Academy Hill District (A1-ID) permitted uses: (1) Multifamily residential use (apartments) for the elderly (but including those at least 55 years old and those who were Academy Hill residents on January 1, 1990) upon conversion of the Academy Hill School. B. Our Island Home District (OH) permitted uses: (1) Medical facilities for long-term care (nursing homes). (2) Multifamily residential use (apartments) upon conversion of the original Our Island Home, including ancillary services and facilities customarily associated therewith. (3) Services and facilities for the benefit of the elderly or senior citizens, nursing-home residents, handicapped persons and others for whom social-welfare programs may be provided. C. Assisted/Independent Living Community District (ALC). [Added 4-10-2000 ATM by Art. 27, AG approval 8-2-2000] (1) Permitted uses. The principal permitted use shall be for an assisted-/independent- living community. Buildings constructed or maintained for assisted/independent community housing shall be owned and/or managed by the Town of Nantucket and/or by a not-for-profit entity created for the purpose of providing housing for Nantucket senior citizens. The district may include the following permitted uses subject to a major site plan review as defined in § 139-23F(2): (a) Elder housing facility containing no more than two occupants per unit and each occupant is either age 62 or older or is disabled or both; (b) Independent-living cottages containing no more than two occupants per unit and each occupant is either age 62 or older or disabled or both; (c) Employee housing for staff employed by the ALC containing no more than four dwelling units; (d) Ancillary buildings in which services and facilities for the benefit of residents of the ALC are provided, including but not limited to common dining rooms; buildings for housekeeping, laundry services; transportation; exercise programs, and social and recreational activities. Page 12 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions (2) Uses allowed by special permit, subject to a major site plan review as defined in § 139-23F(2): (a) Employee housing for employees of the ALC, exceeding a total of four units but not exceeding 10% of the total number of ALC dwelling units in the district. (3) Dimensional requirements. (a) Open area free from impervious surfaces: at least 20% as defined under § 139-16E; (b) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (except as necessary for entrance drives and utilities); (c) Maximum number of units (excluding employee housing): 60 dwelling units; by special permit this maximum number of units may be increased to 75 dwelling units. [Amended 4-15-2003 ATM by Art. 27, AG approval 8-27-2003] (4) Off-street parking requirements. The off-street parking requirements in § 139-18D shall not apply in the ALC District. The parking requirements shall be established by the Planning Board as part of its major site plan review pursuant to § 139-23D. (5) Off-street loading facilities. A minimum of one loading zone shall be provided on the site as specified in § 139-20. (6) Any increases in excess of the dimensional requirements contained in Subsection C(3) of this section herein shall be subject to the special permit requirements of § 139-30. (7) The Planning Board may waive the buffer requirements of Subsection C(3)(b), herein, upon a finding that the buffer area that is the subject of the waiver request is adequately buffered from surrounding uses by existing preserved open space. [Added 4-15-2003 ATM by Art. 27, AG approval 8-27-2003] 3. To amend section 14 by inserting the following text (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): 139-14. Special Districts: Academy Hill (AHD), Our Island Home (OIH), and Assisted/Independent Living Community District (ALC). A. Permitted uses in all districts: (1) Apartments for the elderly. Occupants must be age 55 or older. B. Additional permitted uses in the OIH district: Page 13 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions (1) Medical facilities for long-term care (nursing home); (2) Services and facilities for the benefit of the elderly, long-term care residents, disabled persons, and/or others for whom social-welfare programs may be provided; C. The following additional uses are permitted in the ALC district through the issuance of a special permit by the Planning Board. (1) Elder housing facility; (2) Employee housing; (3) Affordable housing. D. Additional requirements of the ALC district. (1) Open area free from impervious surfaces: at least 20% as defined in § 139-16E; (2) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (except as necessary for entrance drives and utilities); (3) Maximum number of units (excluding employee housing and affordable housing): 75 dwelling units; (4) The requirement for off-street parking and loading facilities shall be established by the Planning Board; (5) The requirements of this § 139-14D may be waived through the issuance of special permit by the Planning Board based upon a finding that the requested relief is not substantially more detrimental to the neighborhood than the existing conditions. Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) PLANNING BOARD MOTION: MovedPLANNING BOARD MOTION: MovedPLANNING BOARD MOTION: MovedPLANNING BOARD MOTION: Moved that that that that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of NantucketNantucketNantucketNantucket be amended be amended be amended be amended by taking the following actions:by taking the following actions:by taking the following actions:by taking the following actions: 1. To amend sect1. To amend sect1. To amend sect1. To amend section 2, Definitions, as follows ion 2, Definitions, as follows ion 2, Definitions, as follows ion 2, Definitions, as follows (NOTE: new language is shown as highlighted (NOTE: new language is shown as highlighted (NOTE: new language is shown as highlighted (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not text, language to be deleted is shown by strikeout; these methods to denote changes are not text, language to be deleted is shown by strikeout; these methods to denote changes are not text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text):meant to become part of the final text):meant to become part of the final text):meant to become part of the final text): ASSISTEDASSISTEDASSISTEDASSISTED----INDEPENDENTINDEPENDENTINDEPENDENTINDEPENDENT----LIVING COMMUNITY LIVING COMMUNITY LIVING COMMUNITY LIVING COMMUNITY An assiAn assiAn assiAn assi stedstedstedsted----living residence, as defined by MGL c. 19D, including but not limited to, any living residence, as defined by MGL c. 19D, including but not limited to, any living residence, as defined by MGL c. 19D, including but not limited to, any living residence, as defined by MGL c. 19D, including but not limited to, any associated dining facilities, common rooms, activity rooms, offices, accessory associated dining facilities, common rooms, activity rooms, offices, accessory associated dining facilities, common rooms, activity rooms, offices, accessory associated dining facilities, common rooms, activity rooms, offices, accessory structures, and recreational facilities, that provides for the benefits of its residents structures, and recreational facilities, that provides for the benefits of its residents structures, and recreational facilities, that provides for the benefits of its residents structures, and recreational facilities, that provides for the benefits of its residents serviserviserviservices, including but not limited to: meals provided in a common dining room or ces, including but not limited to: meals provided in a common dining room or ces, including but not limited to: meals provided in a common dining room or ces, including but not limited to: meals provided in a common dining room or Page 14 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions delivered to rooms or cottages; housekeeping and laundry services; transportation delivered to rooms or cottages; housekeeping and laundry services; transportation delivered to rooms or cottages; housekeeping and laundry services; transportation delivered to rooms or cottages; housekeeping and laundry services; transportation services; emergency response services; assistance with eating, bathing, dressing, services; emergency response services; assistance with eating, bathing, dressing, services; emergency response services; assistance with eating, bathing, dressing, services; emergency response services; assistance with eating, bathing, dressing, toileting and wtoileting and wtoileting and wtoileting and walking; security; exercise programs; medication reminders; and social alking; security; exercise programs; medication reminders; and social alking; security; exercise programs; medication reminders; and social alking; security; exercise programs; medication reminders; and social and recreational activitiesand recreational activitiesand recreational activitiesand recreational activities.... [Added 4[Added 4[Added 4[Added 4 ----10101010----2000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 8 ----2222----2000]2000]2000]2000] ELDER HOUSING FACILITIES ELDER HOUSING FACILITIES ELDER HOUSING FACILITIES ELDER HOUSING FACILITIES A facility containing oneA facility containing oneA facility containing oneA facility containing one---- and two and two and two and two----bedroom and/or studio apartments for indebedroom and/or studio apartments for indebedroom and/or studio apartments for indebedroom and/or studio apartments for independent pendent pendent pendent living for use by elderly and/or disabled individuals, which may be integrated wholly or living for use by elderly and/or disabled individuals, which may be integrated wholly or living for use by elderly and/or disabled individuals, which may be integrated wholly or living for use by elderly and/or disabled individuals, which may be integrated wholly or partially with an assistedpartially with an assistedpartially with an assistedpartially with an assisted ----living residence as defined by MGL c. 19D, including living residence as defined by MGL c. 19D, including living residence as defined by MGL c. 19D, including living residence as defined by MGL c. 19D, including associated dining facilities, common rooms, activity rooms, offices, accessory associated dining facilities, common rooms, activity rooms, offices, accessory associated dining facilities, common rooms, activity rooms, offices, accessory associated dining facilities, common rooms, activity rooms, offices, accessory structures, and, recreational facilities.structures, and, recreational facilities.structures, and, recreational facilities.structures, and, recreational facilities. [Added 4[Added 4[Added 4[Added 4 ----10101010----2000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 8 ----2222----2000]2000]2000]2000] One or more structures used for independent living, assisted living, skilled nursing care, One or more structures used for independent living, assisted living, skilled nursing care, One or more structures used for independent living, assisted living, skilled nursing care, One or more structures used for independent living, assisted living, skilled nursing care, hospice care, and other long term residential care for persons 55 orhospice care, and other long term residential care for persons 55 orhospice care, and other long term residential care for persons 55 orhospice care, and other long term residential care for persons 55 or older or the older or the older or the older or the disabled. Such structures may be detached dwelling units, attached dwellings units, disabled. Such structures may be detached dwelling units, attached dwellings units, disabled. Such structures may be detached dwelling units, attached dwellings units, disabled. Such structures may be detached dwelling units, attached dwellings units, integrated dwelling units, and/or multiple bedroom long term care facilities, as well as integrated dwelling units, and/or multiple bedroom long term care facilities, as well as integrated dwelling units, and/or multiple bedroom long term care facilities, as well as integrated dwelling units, and/or multiple bedroom long term care facilities, as well as associated and ancillary facilities and servicesassociated and ancillary facilities and servicesassociated and ancillary facilities and servicesassociated and ancillary facilities and services.... INDEPENDENTINDEPENDENTINDEPENDENTINDEPENDENT----LIVINLIVINLIVINLIVING COTTAGES G COTTAGES G COTTAGES G COTTAGES Residences each containing not more than two bedrooms that are constructed for the Residences each containing not more than two bedrooms that are constructed for the Residences each containing not more than two bedrooms that are constructed for the Residences each containing not more than two bedrooms that are constructed for the purpose of providing independentpurpose of providing independentpurpose of providing independentpurpose of providing independent ----living housing for elderly and disabled citizens, and living housing for elderly and disabled citizens, and living housing for elderly and disabled citizens, and living housing for elderly and disabled citizens, and are managed as a unified community with shared landscaping maintenance, are managed as a unified community with shared landscaping maintenance, are managed as a unified community with shared landscaping maintenance, are managed as a unified community with shared landscaping maintenance, hohohohousekeeping, recreational, and related services.usekeeping, recreational, and related services.usekeeping, recreational, and related services.usekeeping, recreational, and related services. [Added 4[Added 4[Added 4[Added 4 ----10101010----2000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 8 ----2222----2000]2000]2000]2000] 2. To amend section 14 by deleting the existing text, in its entirety, as follows2. To amend section 14 by deleting the existing text, in its entirety, as follows2. To amend section 14 by deleting the existing text, in its entirety, as follows2. To amend section 14 by deleting the existing text, in its entirety, as follows (NOTE: new (NOTE: new (NOTE: new (NOTE: new language is shown as highlighted text, language to be deletlanguage is shown as highlighted text, language to be deletlanguage is shown as highlighted text, language to be deletlanguage is shown as highlighted text, language to be deleted is shown by strikeout; these ed is shown by strikeout; these ed is shown by strikeout; these ed is shown by strikeout; these methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text):methods to denote changes are not meant to become part of the final text): 139139139139----14. Special Districts Academy Hill AHD and Our Island Home OIH and 14. Special Districts Academy Hill AHD and Our Island Home OIH and 14. Special Districts Academy Hill AHD and Our Island Home OIH and 14. Special Districts Academy Hill AHD and Our Island Home OIH and Assisted/Independent Living Community District (ALC).Assisted/Independent Living Community District (ALC).Assisted/Independent Living Community District (ALC).Assisted/Independent Living Community District (ALC). A. Academy Hill DistricA. Academy Hill DistricA. Academy Hill DistricA. Academy Hill District (A1t (A1t (A1t (A1 ----ID) permitted uses:ID) permitted uses:ID) permitted uses:ID) permitted uses: (1) Multifamily residential use (apartments) for the elderly (but including those at least 55 (1) Multifamily residential use (apartments) for the elderly (but including those at least 55 (1) Multifamily residential use (apartments) for the elderly (but including those at least 55 (1) Multifamily residential use (apartments) for the elderly (but including those at least 55 years old and those who were Academy Hill residents on January 1, 1990) upon years old and those who were Academy Hill residents on January 1, 1990) upon years old and those who were Academy Hill residents on January 1, 1990) upon years old and those who were Academy Hill residents on January 1, 1990) upon conversion of the Academy Hill School.conversion of the Academy Hill School.conversion of the Academy Hill School.conversion of the Academy Hill School. B. Our Island Home DB. Our Island Home DB. Our Island Home DB. Our Island Home District (OH) permitted uses:istrict (OH) permitted uses:istrict (OH) permitted uses:istrict (OH) permitted uses: (1) Medical facilities for long(1) Medical facilities for long(1) Medical facilities for long(1) Medical facilities for long ----term care (nursing homes).term care (nursing homes).term care (nursing homes).term care (nursing homes). Page 15 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions (2) Multifamily residential use (apartments) upon conversion of the original Our Island (2) Multifamily residential use (apartments) upon conversion of the original Our Island (2) Multifamily residential use (apartments) upon conversion of the original Our Island (2) Multifamily residential use (apartments) upon conversion of the original Our Island Home, including ancillary services and facilities customarily associated therewiHome, including ancillary services and facilities customarily associated therewiHome, including ancillary services and facilities customarily associated therewiHome, including ancillary services and facilities customarily associated therewith.th.th.th. (3) Services and facilities for the benefit of the elderly or senior citizens, nursing(3) Services and facilities for the benefit of the elderly or senior citizens, nursing(3) Services and facilities for the benefit of the elderly or senior citizens, nursing(3) Services and facilities for the benefit of the elderly or senior citizens, nursing----home home home home residents, handicapped persons and others for whom socialresidents, handicapped persons and others for whom socialresidents, handicapped persons and others for whom socialresidents, handicapped persons and others for whom social----welfare programs may be welfare programs may be welfare programs may be welfare programs may be provided.provided.provided.provided. C. Assisted/Independent Living Community District (ALC).C. Assisted/Independent Living Community District (ALC).C. Assisted/Independent Living Community District (ALC).C. Assisted/Independent Living Community District (ALC). [Added 4[Added 4[Added 4[Added 4 ----10101010----2000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 82000 ATM by Art. 27, AG approval 8 ----2222----2000]2000]2000]2000] (1) Permitted uses. The principal permitted use shall be for an assisted(1) Permitted uses. The principal permitted use shall be for an assisted(1) Permitted uses. The principal permitted use shall be for an assisted(1) Permitted uses. The principal permitted use shall be for an assisted ----/independent/independent/independent/independent---- living community. Buildings constructed or maintained for assisted/independent living community. Buildings constructed or maintained for assisted/independent living community. Buildings constructed or maintained for assisted/independent living community. Buildings constructed or maintained for assisted/independent community housing shall be owned and/or managedcommunity housing shall be owned and/or managedcommunity housing shall be owned and/or managedcommunity housing shall be owned and/or managed by the Town of Nantucket and/or by by the Town of Nantucket and/or by by the Town of Nantucket and/or by by the Town of Nantucket and/or by a nota nota nota not----forforforfor----profit entity created for the purpose of providing housing for Nantucket senior profit entity created for the purpose of providing housing for Nantucket senior profit entity created for the purpose of providing housing for Nantucket senior profit entity created for the purpose of providing housing for Nantucket senior citizens. The district may include the following permitted uses subject to a major site plan citizens. The district may include the following permitted uses subject to a major site plan citizens. The district may include the following permitted uses subject to a major site plan citizens. The district may include the following permitted uses subject to a major site plan review as defined in §review as defined in §review as defined in §review as defined in § 139139139139----23F23F23F23F(2):(2):(2):(2): (a(a(a(a ) Elder housing facility containing no more than two occupants per unit and each ) Elder housing facility containing no more than two occupants per unit and each ) Elder housing facility containing no more than two occupants per unit and each ) Elder housing facility containing no more than two occupants per unit and each occupant is either age 62 or older or is disabled or both;occupant is either age 62 or older or is disabled or both;occupant is either age 62 or older or is disabled or both;occupant is either age 62 or older or is disabled or both; (b) Independent(b) Independent(b) Independent(b) Independent ----living cottages containing no more than two occupants per unit and living cottages containing no more than two occupants per unit and living cottages containing no more than two occupants per unit and living cottages containing no more than two occupants per unit and each occupant is either age 62 oreach occupant is either age 62 oreach occupant is either age 62 oreach occupant is either age 62 or older or disabled or both; older or disabled or both; older or disabled or both; older or disabled or both; (c) Employee housing for staff employed by the ALC containing no more than four (c) Employee housing for staff employed by the ALC containing no more than four (c) Employee housing for staff employed by the ALC containing no more than four (c) Employee housing for staff employed by the ALC containing no more than four dwelling units;dwelling units;dwelling units;dwelling units; (d) Ancillary buildings in which services and facilities for the benefit of residents of the (d) Ancillary buildings in which services and facilities for the benefit of residents of the (d) Ancillary buildings in which services and facilities for the benefit of residents of the (d) Ancillary buildings in which services and facilities for the benefit of residents of the ALC are provided, including but not limALC are provided, including but not limALC are provided, including but not limALC are provided, including but not limited to common dining rooms; buildings for ited to common dining rooms; buildings for ited to common dining rooms; buildings for ited to common dining rooms; buildings for housekeeping, laundry services; transportation; exercise programs, and social and housekeeping, laundry services; transportation; exercise programs, and social and housekeeping, laundry services; transportation; exercise programs, and social and housekeeping, laundry services; transportation; exercise programs, and social and recreational activities.recreational activities.recreational activities.recreational activities. (2) Uses allowed by special permit, subject to a major site plan review as defined in (2) Uses allowed by special permit, subject to a major site plan review as defined in (2) Uses allowed by special permit, subject to a major site plan review as defined in (2) Uses allowed by special permit, subject to a major site plan review as defined in §§§§ 139139139139----23F23F23F23F(2):(2):(2):(2): (a) Em(a) Em(a) Em(a) Employee housing for employees of the ALC, exceeding a total of four units but not ployee housing for employees of the ALC, exceeding a total of four units but not ployee housing for employees of the ALC, exceeding a total of four units but not ployee housing for employees of the ALC, exceeding a total of four units but not exceeding 10% of the total number of ALC dwelling units in the district.exceeding 10% of the total number of ALC dwelling units in the district.exceeding 10% of the total number of ALC dwelling units in the district.exceeding 10% of the total number of ALC dwelling units in the district. (3) Dimensional requirements.(3) Dimensional requirements.(3) Dimensional requirements.(3) Dimensional requirements. (a) Open area free from impervious surfaces: at least 20% as defined und(a) Open area free from impervious surfaces: at least 20% as defined und(a) Open area free from impervious surfaces: at least 20% as defined und(a) Open area free from impervious surfaces: at least 20% as defined under §er §er §er § 139139139139----16E16E16E16E;;;; (b) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (b) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (b) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (b) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (except as necessary for entrance drives and utilities);(except as necessary for entrance drives and utilities);(except as necessary for entrance drives and utilities);(except as necessary for entrance drives and utilities); Page 16 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions (c) Max(c) Max(c) Max(c) Maximum number of units (excluding employee housing): 60 dwelling units; by imum number of units (excluding employee housing): 60 dwelling units; by imum number of units (excluding employee housing): 60 dwelling units; by imum number of units (excluding employee housing): 60 dwelling units; by special permit this maximum number of units may be increased to 75 dwelling units.special permit this maximum number of units may be increased to 75 dwelling units.special permit this maximum number of units may be increased to 75 dwelling units.special permit this maximum number of units may be increased to 75 dwelling units. [Amended 4[Amended 4[Amended 4[Amended 4----15151515----2003 ATM by Art. 27, AG approval 82003 ATM by Art. 27, AG approval 82003 ATM by Art. 27, AG approval 82003 ATM by Art. 27, AG approval 8----27272727----2003]2003]2003]2003] (4) Off(4) Off(4) Off(4) Off----street parking requirements. The ostreet parking requirements. The ostreet parking requirements. The ostreet parking requirements. The offffffff----street parking requirements in §street parking requirements in §street parking requirements in §street parking requirements in § 139139139139----18D 18D 18D 18D shall not apply in the ALC District. The parking requirements shall be established by the shall not apply in the ALC District. The parking requirements shall be established by the shall not apply in the ALC District. The parking requirements shall be established by the shall not apply in the ALC District. The parking requirements shall be established by the Planning Board as part of its major site plan review pursuant to §Planning Board as part of its major site plan review pursuant to §Planning Board as part of its major site plan review pursuant to §Planning Board as part of its major site plan review pursuant to § 139139139139----23D.23D.23D.23D. (5) Off(5) Off(5) Off(5) Off----street loading facilities. A minimum ostreet loading facilities. A minimum ostreet loading facilities. A minimum ostreet loading facilities. A minimum of one loading zone shall be provided on the f one loading zone shall be provided on the f one loading zone shall be provided on the f one loading zone shall be provided on the site as specified in §site as specified in §site as specified in §site as specified in § 139139139139----20202020.... (6) Any increases in excess of the dimensional requirements contained in Subsection (6) Any increases in excess of the dimensional requirements contained in Subsection (6) Any increases in excess of the dimensional requirements contained in Subsection (6) Any increases in excess of the dimensional requirements contained in Subsection C(3)C(3)C(3)C(3) of this section herein shall be subject to the special permit requirements of § of this section herein shall be subject to the special permit requirements of § of this section herein shall be subject to the special permit requirements of § of this section herein shall be subject to the special permit requirements of § 139139139139----30303030.... (7) (7) (7) (7) The Planning Board may waive the buffer requirements of Subsection The Planning Board may waive the buffer requirements of Subsection The Planning Board may waive the buffer requirements of Subsection The Planning Board may waive the buffer requirements of Subsection C(3)(b)C(3)(b)C(3)(b)C(3)(b), herein, , herein, , herein, , herein, upon a finding that the buffer area that is the subject of the waiver request is adequately upon a finding that the buffer area that is the subject of the waiver request is adequately upon a finding that the buffer area that is the subject of the waiver request is adequately upon a finding that the buffer area that is the subject of the waiver request is adequately buffered from surrounding uses by existing preserved open space.buffered from surrounding uses by existing preserved open space.buffered from surrounding uses by existing preserved open space.buffered from surrounding uses by existing preserved open space. [Added 4[Added 4[Added 4[Added 4 ----15151515----2002002002003 ATM by Art. 27, AG approval 83 ATM by Art. 27, AG approval 83 ATM by Art. 27, AG approval 83 ATM by Art. 27, AG approval 8 ----27272727----2003]2003]2003]2003] 3. To amend section 14 by inserting the following text 3. To amend section 14 by inserting the following text 3. To amend section 14 by inserting the following text 3. To amend section 14 by inserting the following text (NOTE: new language is shown as (NOTE: new language is shown as (NOTE: new language is shown as (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote highlighted text, language to be deleted is shown by strikeout; these methods to denote highlighted text, language to be deleted is shown by strikeout; these methods to denote highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of changes are not meant to become part of changes are not meant to become part of changes are not meant to become part of the final text):the final text):the final text):the final text): 139139139139----14. Special Districts: Academy Hill 14. Special Districts: Academy Hill 14. Special Districts: Academy Hill 14. Special Districts: Academy Hill ((((AHDAHDAHDAHD), ), ), ), Our Island Home Our Island Home Our Island Home Our Island Home ((((OIHOIHOIHOIH), ), ), ), and and and and Assisted/Independent Living Community District (ALC).Assisted/Independent Living Community District (ALC).Assisted/Independent Living Community District (ALC).Assisted/Independent Living Community District (ALC). A. Permitted uses in all districts:A. Permitted uses in all districts:A. Permitted uses in all districts:A. Permitted uses in all districts: (1) Apartments for (1) Apartments for (1) Apartments for (1) Apartments for ooooccupants age 55 or olderccupants age 55 or olderccupants age 55 or olderccupants age 55 or older or disabled or disabled or disabled or disabled.... B. Additional peB. Additional peB. Additional peB. Additional permitted uses in the OIH district:rmitted uses in the OIH district:rmitted uses in the OIH district:rmitted uses in the OIH district: (1) Medical facilities for long(1) Medical facilities for long(1) Medical facilities for long(1) Medical facilities for long----term care (nursing home);term care (nursing home);term care (nursing home);term care (nursing home); (2) Services and facilities for the benefit of the elderly, long(2) Services and facilities for the benefit of the elderly, long(2) Services and facilities for the benefit of the elderly, long(2) Services and facilities for the benefit of the elderly, long----term care residents, disabled term care residents, disabled term care residents, disabled term care residents, disabled persons, and/or others for whom socialpersons, and/or others for whom socialpersons, and/or others for whom socialpersons, and/or others for whom social----welfare programs may be providwelfare programs may be providwelfare programs may be providwelfare programs may be provided;ed;ed;ed; C. The following additional uses are permitted in the ALC district through the issuance of a C. The following additional uses are permitted in the ALC district through the issuance of a C. The following additional uses are permitted in the ALC district through the issuance of a C. The following additional uses are permitted in the ALC district through the issuance of a special permit by the Planning Board.special permit by the Planning Board.special permit by the Planning Board.special permit by the Planning Board. (1) Elder housing facility; Elder housing facility; Elder housing facility; Elder housing facility; (2)(2)(2)(2) Employee housing; Employee housing; Employee housing; Employee housing; Page 17 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions (3)(3)(3)(3) Affordable housing. Affordable housing. Affordable housing. Affordable housing. D. Additional requirements of the ALC district.D. Additional requirements of the ALC district.D. Additional requirements of the ALC district.D. Additional requirements of the ALC district. (1) Open area free from impervious surfaces: at least 20% as defined in §(1) Open area free from impervious surfaces: at least 20% as defined in §(1) Open area free from impervious surfaces: at least 20% as defined in §(1) Open area free from impervious surfaces: at least 20% as defined in § 139139139139----16E;16E;16E;16E; (2) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (2) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (2) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (2) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (except as necessary for entrance drives and utilities);(except as necessary for entrance drives and utilities);(except as necessary for entrance drives and utilities);(except as necessary for entrance drives and utilities); (3) Maximum number of uni(3) Maximum number of uni(3) Maximum number of uni(3) Maximum number of units (excluding employee housing and affordable housing): 75 ts (excluding employee housing and affordable housing): 75 ts (excluding employee housing and affordable housing): 75 ts (excluding employee housing and affordable housing): 75 dwelling units;dwelling units;dwelling units;dwelling units; (4) The requirement for off(4) The requirement for off(4) The requirement for off(4) The requirement for off----street parking and loading facilities shall be established by street parking and loading facilities shall be established by street parking and loading facilities shall be established by street parking and loading facilities shall be established by the Planning Board;the Planning Board;the Planning Board;the Planning Board; (5) The(5) The(5) The(5) The requirements of this §requirements of this §requirements of this §requirements of this § 139139139139----14D may be waived through the issuan14D may be waived through the issuan14D may be waived through the issuan14D may be waived through the issuance of special permit ce of special permit ce of special permit ce of special permit by the Planning Board based upon a finding that the requested relief is not substantially more by the Planning Board based upon a finding that the requested relief is not substantially more by the Planning Board based upon a finding that the requested relief is not substantially more by the Planning Board based upon a finding that the requested relief is not substantially more detrimental to the ndetrimental to the ndetrimental to the ndetrimental to the n FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: Th Th Th The Board of Selectmen supports the Planning Board e Board of Selectmen supports the Planning Board e Board of Selectmen supports the Planning Board e Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. ARTICLEARTICLEARTICLEARTICLE 17 17 17 17 (Real Estate Disposition: Sherburne Commons) To see if the Town of Nantucket will vote to address the Sherburne Commons, Inc. issues, as follows: 1. To authorize the Board of Selectmen of the Town of Nantucket to acquire, by purchase, gift or eminent domain, all interests in the real estate and other assets of Sherburne Commons, Inc.; 2. To authorize the Board of Selectmen to engage the services of a management company to operate such real estate and other assets to provide assisted living, senior housing, affordable housing, skilled nursing or other forms of facilities and support to the present and future residents of Sherburne Commons and support to the senior population of the town; 3. To accept the provisions of chapter 183A, § 20 of the general laws of the Commonwealth, which statute provides as follows: CHAPTER 183A. CONDOMINIUMS: Section 20. Municipal participation in condominium CHAPTER 183A. CONDOMINIUMS: Section 20. Municipal participation in condominium CHAPTER 183A. CONDOMINIUMS: Section 20. Municipal participation in condominium CHAPTER 183A. CONDOMINIUMS: Section 20. Municipal participation in condominium organization and ownershiporganization and ownershiporganization and ownershiporganization and ownership. Notwithstanding any other provision of general or special law, a city or town may own a unit of a condominium under this chapter, participate in the organization of unit owners and be liable for its share of the common expenses of the condominium. Said Page 18 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions city or town may either purchase a unit of a condominium or, if the city or town intends to become the owner of such a unit and use the same for municipal purposes, it may contract for the creation of a condominium and for the advancement to the city or town of the acquisition costs allocable to all other units therein. It may acquire land therefor or devote thereto land already owned by it, construct, reconstruct or remodel a building thereon subject however to the provisions of chapter one hundred and forty-nine notwithstanding that said building is not intended solely for municipal uses, and execute and record a master deed submitting such land and building to the provisions of this chapter. Upon the completion of the said construction, reconstruction or remodeling it may convey to such other parties to said contract such units as have been paid for in the proportion of the aggregate cost allocable to their stipulated units. The authority contained in this section shall be exercised …. in the case of a town, by its town meeting. 4. To authorize the Board of Selectmen to submit all or any portions of the assets acquired pursuant to section 1 of this Article and the parcel(s) of Town land upon which such assets are located to the provisions of the Condominium Act (G.L. c. 183A) to create a condominium with such assets and land, and further to authorize the Board of Selectmen, subject to chapter 30B of the General laws, to sell, lease for a period to and including sixty (60) years, convey or otherwise dispose of all or any portions of such condominium and the condominium units thereby created, individually or collectively; 5. To establish a Sherburne Commons Enterprise Fund pursuant to Chapter 44, section 53 F ½ of the General Laws, to be under the management and control of the Board of Selectmen, into which Fund shall be deposited all revenues from the sale of condominiums at Sherburne Commons, the receipt of revenues from any applicable fees and charges at Sherburne Commons, or from revenues from rentals or occupancy of the assets so acquired from operation of the facility, to be spent by the Town Manager with the approval of the Board of Selectmen on the operation, management, debt service, and improvement of such assets; and to establish a Sherburne Commons Enterprise Fund budget and spending limits for Fiscal year 2010; 6. To authorize the Board of Selectmen to undertake the design and construction or the completion of design and construction of additional remaining units of housing and units of assisted living and related facilities and improvements, as has been previously permitted for this site or may hereafter be permitted for such site; 7. To authorize the Board of Selectmen to enter in contracts and leases in excess of twenty years in duration to carry out the foregoing; 8. To authorize the Board of Selectmen to participate in Sherburne Commons Inc. bankruptcy proceedings pending before the United States Bankruptcy Court as may be necessary or advisable to carry out the foregoing; including the authority to submit any proposals, bids, offers objections, and the like; at auction or otherwise, and; 9. To raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute, including assumption of debt held by Sherburne Commons Inc. or otherwise, a sum of money to pay for such acquisition of assets of Sherburne Commons Page 19 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions Inc., to meet any requirements of the United States Bankruptcy Court, or to operate and manage the facility for the benefit of its present and future residents, including the authority to step in and fund the operating losses of Sherburne Commons prior to sale. 10. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. Moved that the Article not be adopted. Moved that the Article not be adopted. Moved that the Article not be adopted. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: Article 17 would authorize the BoaArticle 17 would authorize the BoaArticle 17 would authorize the BoaArticle 17 would authorize the Board of Selectmen to rd of Selectmen to rd of Selectmen to rd of Selectmen to take any one or combination of actions in the event that the Sherburne Commons complex take any one or combination of actions in the event that the Sherburne Commons complex take any one or combination of actions in the event that the Sherburne Commons complex take any one or combination of actions in the event that the Sherburne Commons complex defaults to Town ownership. In that event, the Board will need to take informed action in a short defaults to Town ownership. In that event, the Board will need to take informed action in a short defaults to Town ownership. In that event, the Board will need to take informed action in a short defaults to Town ownership. In that event, the Board will need to take informed action in a short timeframe, and in order to dispose of the property, timeframe, and in order to dispose of the property, timeframe, and in order to dispose of the property, timeframe, and in order to dispose of the property, may need to enter into contracts or make may need to enter into contracts or make may need to enter into contracts or make may need to enter into contracts or make arrangements that require one of more authorizations contained in Article 17. It should be arrangements that require one of more authorizations contained in Article 17. It should be arrangements that require one of more authorizations contained in Article 17. It should be arrangements that require one of more authorizations contained in Article 17. It should be noted that Article 17 contains no appropriation of funds. Any appropriation and expenditure of noted that Article 17 contains no appropriation of funds. Any appropriation and expenditure of noted that Article 17 contains no appropriation of funds. Any appropriation and expenditure of noted that Article 17 contains no appropriation of funds. Any appropriation and expenditure of funds would require further afunds would require further afunds would require further afunds would require further action by Town Meeting. Rather than waiting for a likely event to ction by Town Meeting. Rather than waiting for a likely event to ction by Town Meeting. Rather than waiting for a likely event to ction by Town Meeting. Rather than waiting for a likely event to occur and then reacting, the Board is planning ahead for this contingency, and feels that it is occur and then reacting, the Board is planning ahead for this contingency, and feels that it is occur and then reacting, the Board is planning ahead for this contingency, and feels that it is occur and then reacting, the Board is planning ahead for this contingency, and feels that it is our responsibility to the citizens and taxpayers of Nantucket to do so. We strongly urge our responsibility to the citizens and taxpayers of Nantucket to do so. We strongly urge our responsibility to the citizens and taxpayers of Nantucket to do so. We strongly urge our responsibility to the citizens and taxpayers of Nantucket to do so. We strongly urge passagpassagpassagpassage of Article 17.e of Article 17.e of Article 17.e of Article 17. AAAARTICLE 18RTICLE 18RTICLE 18RTICLE 18 (Zoning Map Change: Madaket RC to VTEC) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial (RC) district in the Village, Trade, Entrepreneurship, and Craft (VTEC) district: Map Lot Number Street 60 17 20 Little Neck Way 38 15 20 N. Cambridge St 38 14 16 N. Cambridge St 59.4 2 20 N. Cambridge St All as shown on a map entitled “2009 Special Town Meeting Warrant Article 18, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009 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: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: MoveMoveMoveMoved that d that d that d that the Zoning Map of the Town of Nantucket the Zoning Map of the Town of Nantucket the Zoning Map of the Town of Nantucket the Zoning Map of the Town of Nantucket be be be be amended amended amended amended by placing the following properties currently located in the Residential Commercial by placing the following properties currently located in the Residential Commercial by placing the following properties currently located in the Residential Commercial by placing the following properties currently located in the Residential Commercial (RC) district in the Village, Trade, Entrepreneurship, and Craft (VTEC) district:(RC) district in the Village, Trade, Entrepreneurship, and Craft (VTEC) district:(RC) district in the Village, Trade, Entrepreneurship, and Craft (VTEC) district:(RC) district in the Village, Trade, Entrepreneurship, and Craft (VTEC) district: Page 20 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 60606060 17171717 20202020 Little Neck WayLittle Neck WayLittle Neck WayLittle Neck Way 38383838 15151515 20202020 N. Cambridge StN. Cambridge StN. Cambridge StN. Cambridge St 38383838 14141414 16161616 N. Cambridge StN. Cambridge StN. Cambridge StN. Cambridge St 59.459.459.459.4 2222 20202020 N. Cambridge StN. Cambridge StN. Cambridge StN. Cambridge St All as shown on a map entitled “2009 Special Town Meeting Warrant Article 18, Zoning All as shown on a map entitled “2009 Special Town Meeting Warrant Article 18, Zoning All as shown on a map entitled “2009 Special Town Meeting Warrant Article 18, Zoning All as shown on a map entitled “2009 Special Town Meeting Warrant Article 18, Zoning Change, Madaket, 41Change, Madaket, 41Change, Madaket, 41Change, Madaket, 41----81D Master Plan, Planning Area 1” dated July 2009 and81D Master Plan, Planning Area 1” dated July 2009 and81D Master Plan, Planning Area 1” dated July 2009 and81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at filed herewith at filed herewith at filed herewith at the Office of the Town Clerk.the Office of the Town Clerk.the Office of the Town Clerk.the Office of the Town Clerk. FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. AAAARTICLE 1RTICLE 1RTICLE 1RTICLE 19999 (Zoning Map Change: Madaket R-20 to LUG-3) 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 20 (R-20) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 36.2.2 1 New York Ave 36.2.2 2 Esther Island 36.2.2 6 Esther Island 36.2.2 13 Esther Island 36.2.2 22 Esther Island 36.2.3 34 Esther Island 36.2.3 43 New York Ave 36.2.3 47 Esther Island 36.2.3 51 New York Ave 36.2.3 54 Esther Island 36.2.3 55 Esther Island 36.2.3 59 Esther Island 36.2.3 97 Esther Island 36.2.3 98 Esther Island 38 9 195 Madaket Rd 38 57 198 Madaket Rd 38 57.1 192 Madaket Rd Page 21 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions 38 57.2 194 Madaket Rd 38 57.3 196 Madaket Rd 38/59 57.4 200 Madaket Rd/Long Pond 38/59 57.5 202 Madaket Rd 38 58 197 Madaket Rd 59 1.1 233 Madaket Rd 59 28 2 Long Pond Dr 59 53 204 Madaket Rd 59 53.1 206 Madaket Rd 59 53.2 208 Madaket Rd 59 53.4 210 Madaket Rd 59.3 46 Columbus Ave 59.3 92 N Carolina Ave 59.3 93 15 Midland Ave 59.3 104 20 Columbus Ave 59.3 162 Midland Ave 59.3 187 Columbus Ave 59.3 188 N Carolina Ave 59.3 203 Midland Ave 59.3 204 Midland Ave 59.3 205 Midland Ave 59.3 213 Columbus Ave 59.3 230 Midland Ave 59.3 252 Midland Ave 59.3 253 Midland Ave 59.3 259 29 Midland Ave 59.4 31 Goose Cove Ave 60 9 9 Massachusetts Ave 60 10 5 Massachusetts Ave 60 11 3 Massachusetts Ave 60 124 5 Chicago St 60 125 338 Madaket Rd 60 132 4 California Ave 60.1.2 70 Madaket Rd 60.2.1 75 60.2.4 5 6 Massachusetts Ave 60.2.4 9 60.2.4 25 New Hampshire Ave 60.2.4 27 15 Ames Ave 60.2.4 29 15 Ames Ave 60.2.4 33 11 Ames Ave Page 22 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions 60.2.4 38 60.2.4 39 60.2.4 40 7 Ames Ave 60.2.4 46 Ames Ave 60.2.4 46.1 Massachusetts Ave 60.2.4 48 9 Ames Ave 60.2.4 52 Massachusetts Ave 60.2.4 53 Alabama Ave 60.3.1 32 51 New Hampshire Ave 60.3.1 83 27 Massachusetts Ave 60.3.1 84 25 Massachusetts Ave 61.1.1 1 Esther Island 61.1.1 33 Esther Island 61.1.1 36 Esther Island 61.1.1 58 Esther Island 61.1.1 225 Esther Island Open land or pond area to the north of Long Pond’s waters edge and south of Long Pond Drive property lines All as shown on a map entitled “2009 Special Town Meeting Warrant Article 19, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009 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:PLANNING BOARD MOTION:PLANNING BOARD MOTION:PLANNING BOARD MOTION: Moved that Moved that Moved that Moved that the Zoning Map of the Town of Nantucketthe Zoning Map of the Town of Nantucketthe Zoning Map of the Town of Nantucketthe Zoning Map of the Town of Nantucket be be be be amamamamendedendedendedended by placing the following properties currently located in the Residential 20 (R by placing the following properties currently located in the Residential 20 (R by placing the following properties currently located in the Residential 20 (R by placing the following properties currently located in the Residential 20 (R----20) 20) 20) 20) district in the Limited Use General 3 (LUGdistrict in the Limited Use General 3 (LUGdistrict in the Limited Use General 3 (LUGdistrict in the Limited Use General 3 (LUG----3) district:3) district:3) district:3) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 36.2.236.2.236.2.236.2.2 1111 New York AveNew York AveNew York AveNew York Ave 36.2.236.2.236.2.236.2.2 2222 Esther IslandEsther IslandEsther IslandEsther Island 36.2.236.2.236.2.236.2.2 6666 Esther IslandEsther IslandEsther IslandEsther Island 36.2.236.2.236.2.236.2.2 13131313 EsEsEsEsther Islandther Islandther Islandther Island 36.2.236.2.236.2.236.2.2 22222222 Esther IslandEsther IslandEsther IslandEsther Island 36.2.336.2.336.2.336.2.3 34343434 Esther IslandEsther IslandEsther IslandEsther Island 36.2.336.2.336.2.336.2.3 43434343 New York AveNew York AveNew York AveNew York Ave 36.2.336.2.336.2.336.2.3 47474747 Esther IslandEsther IslandEsther IslandEsther Island 36.2.336.2.336.2.336.2.3 51515151 New York AveNew York AveNew York AveNew York Ave 36.2.336.2.336.2.336.2.3 54545454 Esther IslandEsther IslandEsther IslandEsther Island Page 23 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions 36.2.336.2.336.2.336.2.3 55555555 Esther IslandEsther IslandEsther IslandEsther Island 36.2.336.2.336.2.336.2.3 59595959 Esther IslandEsther IslandEsther IslandEsther Island 36.2.336.2.336.2.336.2.3 97979797 Esther IslandEsther IslandEsther IslandEsther Island 36.2.336.2.336.2.336.2.3 98989898 Esther IslandEsther IslandEsther IslandEsther Island 38383838 9999 195195195195 Madaket RdMadaket RdMadaket RdMadaket Rd 38383838 57575757 198198198198 Madaket RdMadaket RdMadaket RdMadaket Rd 38383838 57.157.157.157.1 192192192192 Madaket RdMadaket RdMadaket RdMadaket Rd 38383838 57.257.257.257.2 194194194194 Madaket RdMadaket RdMadaket RdMadaket Rd 38383838 57.357.357.357.3 196196196196 Madaket RdMadaket RdMadaket RdMadaket Rd 38/5938/5938/5938/59 57.457.457.457.4 200200200200 Madaket Rd/Long PondMadaket Rd/Long PondMadaket Rd/Long PondMadaket Rd/Long Pond 38/5938/5938/5938/59 57.557.557.557.5 202202202202 Madaket RdMadaket RdMadaket RdMadaket Rd 38383838 58585858 197197197197 Madaket RdMadaket RdMadaket RdMadaket Rd 59595959 1.11.11.11.1 233233233233 Madaket RdMadaket RdMadaket RdMadaket Rd 59595959 28282828 2222 Long PondLong PondLong PondLong Pond Dr Dr Dr Dr 59595959 53535353 204204204204 Madaket RdMadaket RdMadaket RdMadaket Rd 59595959 53.153.153.153.1 206206206206 Madaket RdMadaket RdMadaket RdMadaket Rd 59595959 53.253.253.253.2 208208208208 Madaket RdMadaket RdMadaket RdMadaket Rd 59595959 53.453.453.453.4 210210210210 Madaket RdMadaket RdMadaket RdMadaket Rd 59.359.359.359.3 46464646 Columbus AveColumbus AveColumbus AveColumbus Ave 59.359.359.359.3 92929292 N Carolina AveN Carolina AveN Carolina AveN Carolina Ave 59.359.359.359.3 93939393 15151515 Midland AveMidland AveMidland AveMidland Ave 59.359.359.359.3 104104104104 20202020 Columbus AveColumbus AveColumbus AveColumbus Ave 59.359.359.359.3 162162162162 Midland AveMidland AveMidland AveMidland Ave 59.359.359.359.3 187187187187 Columbus AveColumbus AveColumbus AveColumbus Ave 59.359.359.359.3 188188188188 N N N N Carolina AveCarolina AveCarolina AveCarolina Ave 59.359.359.359.3 203203203203 Midland AveMidland AveMidland AveMidland Ave 59.359.359.359.3 204204204204 Midland AveMidland AveMidland AveMidland Ave 59.359.359.359.3 205205205205 Midland AveMidland AveMidland AveMidland Ave 59.359.359.359.3 213213213213 Columbus AveColumbus AveColumbus AveColumbus Ave 59.359.359.359.3 230230230230 Midland AveMidland AveMidland AveMidland Ave 59.359.359.359.3 252252252252 Midland AveMidland AveMidland AveMidland Ave 59.359.359.359.3 253253253253 Midland AveMidland AveMidland AveMidland Ave 59.359.359.359.3 259259259259 29292929 Midland AveMidland AveMidland AveMidland Ave 59.459.459.459.4 31313131 Goose Cove AveGoose Cove AveGoose Cove AveGoose Cove Ave 60606060 9999 9999 Massachusetts AveMassachusetts AveMassachusetts AveMassachusetts Ave 60606060 11110000 5555 Massachusetts AveMassachusetts AveMassachusetts AveMassachusetts Ave 60606060 11111111 3333 Massachusetts AveMassachusetts AveMassachusetts AveMassachusetts Ave 60606060 124124124124 5555 Chicago StChicago StChicago StChicago St 60606060 125125125125 338338338338 Madaket RdMadaket RdMadaket RdMadaket Rd 60606060 132132132132 4444 California AveCalifornia AveCalifornia AveCalifornia Ave 60.1.260.1.260.1.260.1.2 70707070 Madaket RdMadaket RdMadaket RdMadaket Rd Page 24 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions 60.2.160.2.160.2.160.2.1 75757575 60.2.460.2.460.2.460.2.4 5555 6666 Massachusetts AveMassachusetts AveMassachusetts AveMassachusetts Ave 60.2.460.2.460.2.460.2.4 9999 60.2.460.2.460.2.460.2.4 25252525 New Hampshire AveNew Hampshire AveNew Hampshire AveNew Hampshire Ave 60.2.460.2.460.2.460.2.4 27272727 15151515 Ames AveAmes AveAmes AveAmes Ave 60.2.460.2.460.2.460.2.4 29292929 15151515 Ames AveAmes AveAmes AveAmes Ave 60.2.460.2.460.2.460.2.4 33333333 11111111 Ames AveAmes AveAmes AveAmes Ave 60.2.460.2.460.2.460.2.4 38383838 60.2.460.2.460.2.460.2.4 39393939 60.2.460.2.460.2.460.2.4 40404040 7777 Ames AveAmes AveAmes AveAmes Ave 60.2.460.2.460.2.460.2.4 46464646 Ames AveAmes AveAmes AveAmes Ave 60.2.460.2.460.2.460.2.4 46.146.146.146.1 Massachusetts AveMassachusetts AveMassachusetts AveMassachusetts Ave 60.2.460.2.460.2.460.2.4 48484848 9999 Ames AveAmes AveAmes AveAmes Ave 60.2.460.2.460.2.460.2.4 52525252 Massachusetts AveMassachusetts AveMassachusetts AveMassachusetts Ave 60.2.460.2.460.2.460.2.4 53535353 Alabama AveAlabama AveAlabama AveAlabama Ave 60.3.160.3.160.3.160.3.1 32323232 51515151 New Hampshire AveNew Hampshire AveNew Hampshire AveNew Hampshire Ave 60.3.160.3.160.3.160.3.1 83838383 27272727 Massachusetts AveMassachusetts AveMassachusetts AveMassachusetts Ave 60.3.160.3.160.3.160.3.1 84848484 25252525 Massachusetts AveMassachusetts AveMassachusetts AveMassachusetts Ave 61.1.161.1.161.1.161.1.1 1111 Esther IslandEsther IslandEsther IslandEsther Island 61.1.161.1.161.1.161.1.1 33333333 Esther IslandEsther IslandEsther IslandEsther Island 61.1.161.1.161.1.161.1.1 36363636 Esther IslandEsther IslandEsther IslandEsther Island 61.1.161.1.161.1.161.1.1 58585858 Esther IslandEsther IslandEsther IslandEsther Island 61.1.161.1.161.1.161.1.1 225225225225 Esther IslandEsther IslandEsther IslandEsther Island Open land or pond area to the north Open land or pond area to the north Open land or pond area to the north Open land or pond area to the north of Long Pond’s waters edge and sof Long Pond’s waters edge and sof Long Pond’s waters edge and sof Long Pond’s waters edge and southouthouthouth of Long Pond Drive property linesof Long Pond Drive property linesof Long Pond Drive property linesof Long Pond Drive property lines All as shown on a map entitled “2009 Special Town Meeting Warrant Article 19, Zoning All as shown on a map entitled “2009 Special Town Meeting Warrant Article 19, Zoning All as shown on a map entitled “2009 Special Town Meeting Warrant Article 19, Zoning All as shown on a map entitled “2009 Special Town Meeting Warrant Article 19, Zoning Change, Madaket, 41Change, Madaket, 41Change, Madaket, 41Change, Madaket, 41----81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at 81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at 81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at 81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at the Office of the Town Clerk.the Office of the Town Clerk.the Office of the Town Clerk.the Office of the Town Clerk. FINANCFINANCFINANCFINANCE COMMITTEE E COMMITTEE E COMMITTEE E COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT:::: The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. ARTICLE 20ARTICLE 20ARTICLE 20ARTICLE 20 (Zoning Map Change: Madaket R-20 to VR) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing properties currently located in the Residential 20 (R-20) district in the Village Residential (VR) district. All properties included in this article are within the village known as Page 25 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions Madaket and are shown on a map entitled “2009 Special Town Meeting Warrant Article 20, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at the Office of the Town Clerk. A complete list of properties included in this article is also filed at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION:PLANNING BOARD MOTION:PLANNING BOARD MOTION:PLANNING BOARD MOTION: Moved that Moved that Moved that Moved that the Zoning Map of the Town of Nantucket be the Zoning Map of the Town of Nantucket be the Zoning Map of the Town of Nantucket be the Zoning Map of the Town of Nantucket be amended by placing properties currently locatamended by placing properties currently locatamended by placing properties currently locatamended by placing properties currently located in the Residential 20 (Red in the Residential 20 (Red in the Residential 20 (Red in the Residential 20 (R----20) district in the 20) district in the 20) district in the 20) district in the VillVillVillVillage Residential (VR) district. age Residential (VR) district. age Residential (VR) district. age Residential (VR) district. All properties included in this article are within the village All properties included in this article are within the village All properties included in this article are within the village All properties included in this article are within the village known as Madaket and are shown oknown as Madaket and are shown oknown as Madaket and are shown oknown as Madaket and are shown on a map entitled “2009 Special Town Meeting Warrant n a map entitled “2009 Special Town Meeting Warrant n a map entitled “2009 Special Town Meeting Warrant n a map entitled “2009 Special Town Meeting Warrant Article 20, Zoning ChangeArticle 20, Zoning ChangeArticle 20, Zoning ChangeArticle 20, Zoning Change, Madaket, 41, Madaket, 41, Madaket, 41, Madaket, 41----81D Master Plan, Planning Area 1” dated July 2009 81D Master Plan, Planning Area 1” dated July 2009 81D Master Plan, Planning Area 1” dated July 2009 81D Master Plan, Planning Area 1” dated July 2009 and filed herewith atand filed herewith atand filed herewith atand filed herewith at the Office of the Town Clerk. the Office of the Town Clerk. the Office of the Town Clerk. the Office of the Town Clerk. A complete list of properties included in this A complete list of properties included in this A complete list of properties included in this A complete list of properties included in this article is also filed at the Office of the Town Clerk.article is also filed at the Office of the Town Clerk.article is also filed at the Office of the Town Clerk.article is also filed at the Office of the Town Clerk. This zoning change shall not be effeThis zoning change shall not be effeThis zoning change shall not be effeThis zoning change shall not be effective ctive ctive ctive until January 31, 2010.until January 31, 2010.until January 31, 2010.until January 31, 2010. PLANNING BOARD COMMENT:PLANNING BOARD COMMENT:PLANNING BOARD COMMENT:PLANNING BOARD COMMENT: At the Planning Board public hearings, some property At the Planning Board public hearings, some property At the Planning Board public hearings, some property At the Planning Board public hearings, some property owners expressed concerns regarding the proposed zoning change due to pending projects owners expressed concerns regarding the proposed zoning change due to pending projects owners expressed concerns regarding the proposed zoning change due to pending projects owners expressed concerns regarding the proposed zoning change due to pending projects that would be adversely impacted were the zoning change to bthat would be adversely impacted were the zoning change to bthat would be adversely impacted were the zoning change to bthat would be adversely impacted were the zoning change to be immediately effective. e immediately effective. e immediately effective. e immediately effective. A A A A delayed effective date will accomplish the intent of the zoning change as well as afford the delayed effective date will accomplish the intent of the zoning change as well as afford the delayed effective date will accomplish the intent of the zoning change as well as afford the delayed effective date will accomplish the intent of the zoning change as well as afford the affected property owners an opportunity to implement their plans.affected property owners an opportunity to implement their plans.affected property owners an opportunity to implement their plans.affected property owners an opportunity to implement their plans. The R The R The R The R----20 zoning district will 20 zoning district will 20 zoning district will 20 zoning district will remain in place until January 31, 2010.remain in place until January 31, 2010.remain in place until January 31, 2010.remain in place until January 31, 2010. FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. ARTICLE 21ARTICLE 21ARTICLE 21ARTICLE 21 (Zoning Map Change: Madaket R-20 to LUG-1) 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 20 (R-20) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 38 10 231 Madaket Rd 59 16 26 Long Pond Dr 59 17 24 Long Pond Dr 59 3 23 Long Pond Dr 59 18 22 Long Pond Dr 59 15 21 Long Pond Dr 59 19 20 Long Pond Dr Page 26 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions 59 37.1 19 Long Pond Dr 59 20 18 Long Pond Dr 59 37 17 Long Pond Dr 59 21 16 Long Pond Dr 59 36 15 Long Pond Dr 59 22 14 Long Pond Dr 59 23 12 Long Pond Dr 59 24 10 Long Pond Dr 59 25 8 Long Pond Dr 59 26 6 Long Pond Dr 59 27 4 Long Pond Dr 59 2 229 Madaket Rd 59 1.2 227 Madaket Rd 59 1.3 225 Madaket Rd 59.3 20 59.3 41 46 S Cambridge St 59.3 42 48 S Cambridge St 59.3 270.1 42 S Cambridge St 59.3 270.2 40 S Cambridge St 59.3 270.3 38 S Cambridge St 59.3 270.4 36 S Cambridge St 59.3 270.5 34 S Cambridge St 59.3 270.6 32 S Cambridge St 59.3 270.7 44 S Cambridge St 59.4 113 37 Long Pond Dr 59.4 116 38 Long Pond Dr 59.4 117 36 Long Pond Dr 59.4 12 35 Long Pond Dr 59.4 14 34 Long Pond Dr 59.4 13 33 Long Pond Dr 59.4 108 32 Long Pond Dr 59.4 20 31 Long Pond Dr 59.4 15 30 Long Pond Dr 59.4 19 29 Long Pond Dr 59.4 109 28 Long Pond Dr 59.4 18 27 Long Pond Dr 59.4 17 25 Long Pond Dr 59.4 364 235 Madaket Rd 59.4 10 241 Madaket Rd Page 27 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions 59.4 21 230 Madaket Rd 59.4 120.1 232 Madaket Rd 59.4 120 234 Madaket Rd 59.4 119.1 238 Madaket Rd 59.4 119 240 Madaket Rd 59.4 118.1 242 Madaket Rd 59.4 22 S Cambridge St All as shown on a map entitled “2009 Special Town Meeting Warrant Article 21, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009 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: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved that Moved that Moved that Moved that the Zoning Map of the Town of Nantucket the Zoning Map of the Town of Nantucket the Zoning Map of the Town of Nantucket the Zoning Map of the Town of Nantucket be be be be amended amended amended amended by placing the following properties currently located in the Residential 20 (Rby placing the following properties currently located in the Residential 20 (Rby placing the following properties currently located in the Residential 20 (Rby placing the following properties currently located in the Residential 20 (R----20) 20) 20) 20) district in the Limited Use General 1 (LUGdistrict in the Limited Use General 1 (LUGdistrict in the Limited Use General 1 (LUGdistrict in the Limited Use General 1 (LUG----1) distric1) distric1) distric1) district:t:t:t: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 38383838 10101010 231231231231 Madaket RdMadaket RdMadaket RdMadaket Rd 59595959 16161616 26262626 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 17171717 24242424 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 3333 23232323 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 18181818 22222222 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 15151515 21212121 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 19191919 20202020 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 37.137.137.137.1 19191919 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 20202020 18181818 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 37373737 17171717 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 21212121 16161616 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 36363636 15151515 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 22222222 14141414 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 23232323 12121212 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 24242424 10101010 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 25252525 8888 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 26262626 6666 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 27272727 4444 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59595959 2222 229229229229 Madaket RdMadaket RdMadaket RdMadaket Rd 59595959 1.21.21.21.2 227227227227 Madaket RdMadaket RdMadaket RdMadaket Rd 59595959 1.31.31.31.3 225225225225 Madaket RdMadaket RdMadaket RdMadaket Rd Page 28 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions 59.359.359.359.3 20202020 59.359.359.359.3 41414141 46464646 S Cambridge StS Cambridge StS Cambridge StS Cambridge St 59.359.359.359.3 42424242 48484848 S Cambridge StS Cambridge StS Cambridge StS Cambridge St 59.359.359.359.3 270.1270.1270.1270.1 42424242 S Cambridge StS Cambridge StS Cambridge StS Cambridge St 59.359.359.359.3 270.2270.2270.2270.2 40404040 S Cambridge StS Cambridge StS Cambridge StS Cambridge St 59.359.359.359.3 270.3270.3270.3270.3 38383838 S Cambridge StS Cambridge StS Cambridge StS Cambridge St 59.359.359.359.3 270.4270.4270.4270.4 36363636 S Cambridge StS Cambridge StS Cambridge StS Cambridge St 59.359.359.359.3 270.5270.5270.5270.5 34343434 S Cambridge StS Cambridge StS Cambridge StS Cambridge St 59.359.359.359.3 270.6270.6270.6270.6 32323232 S Cambridge StS Cambridge StS Cambridge StS Cambridge St 59.359.359.359.3 270.7270.7270.7270.7 44444444 S CaS CaS CaS Cambridge Stmbridge Stmbridge Stmbridge St 59.459.459.459.4 113113113113 37373737 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 116116116116 38383838 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 117117117117 36363636 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 12121212 35353535 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 14141414 34343434 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 13131313 33333333 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 108108108108 32323232 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 20202020 31313131 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 15151515 30303030 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 19191919 29292929 LongLongLongLong Pond Dr Pond Dr Pond Dr Pond Dr 59.459.459.459.4 109109109109 28282828 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 18181818 27272727 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 17171717 25252525 Long Pond DrLong Pond DrLong Pond DrLong Pond Dr 59.459.459.459.4 364364364364 235235235235 Madaket RdMadaket RdMadaket RdMadaket Rd 59.459.459.459.4 10101010 241241241241 Madaket RdMadaket RdMadaket RdMadaket Rd 59.459.459.459.4 21212121 230230230230 Madaket RdMadaket RdMadaket RdMadaket Rd 59.459.459.459.4 120.1120.1120.1120.1 232232232232 Madaket RdMadaket RdMadaket RdMadaket Rd 59.459.459.459.4 120120120120 234234234234 Madaket RdMadaket RdMadaket RdMadaket Rd 59.459.459.459.4 119.1119.1119.1119.1 238238238238 Madaket RdMadaket RdMadaket RdMadaket Rd 59.459.459.459.4 119119119119 240240240240 MadakMadakMadakMadaket Rdet Rdet Rdet Rd 59.459.459.459.4 118.1118.1118.1118.1 242242242242 Madaket RdMadaket RdMadaket RdMadaket Rd 59.459.459.459.4 22222222 S Cambridge StS Cambridge StS Cambridge StS Cambridge St All as shown on a map entitled “2009 Special Town Meeting Warrant Article 21, Zoning All as shown on a map entitled “2009 Special Town Meeting Warrant Article 21, Zoning All as shown on a map entitled “2009 Special Town Meeting Warrant Article 21, Zoning All as shown on a map entitled “2009 Special Town Meeting Warrant Article 21, Zoning Change, Madaket, 41Change, Madaket, 41Change, Madaket, 41Change, Madaket, 41----81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at 81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at 81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at 81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at the Office of the Tthe Office of the Tthe Office of the Tthe Office of the Town Clerk.own Clerk.own Clerk.own Clerk. FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. Page 29 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. AAAARTICLE 22RTICLE 22RTICLE 22RTICLE 22 (Zoning Bylaw Amendment: Height) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 17, 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): § 139-17. Height limitations. In all districts, the height of buildings and other structures shall not exceed 30 feet, subject to the following: A. Building and structure height shall be measured from the average mean grade to the highest point of the structure. Each building or structure shall only have one highest point not to exceed 32 feet. Height limitations shall be as follows: Zoning District Maximum Height VR 25 Country Overlay District SR-1, SOH, SR-10, SR-20, LUG 1, LUG- 2, LUG-3, MMD, VN, VTEC 30 Town Overlay District R-1, ROH, R-5, R-10, R-20, R-40, CDT, CMI, CN, CTEC, CI, RC, RC-2, LC 30 (1) The average height of all sides of a building or structure shall not exceed 30 feet as measured from the average mean grade to the highest point of the building or structure. No one building side shall exceed 32 feet. (2) There shall be only one highest point for each building or structure. B. The following uses are permitted to exceed such height limitation to an extent reasonable and customary: (1) Roof structures for ornamental purposes, such as roof walks, cupolas, spires and steeples. (2) Penthouses on buildings to the extent necessary for mechanical purposes, not higher than eight feet and with area less than 25% of the building ground cover. Page 30 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions (3) Chimneys attached to a building, provided height shall not exceed 40 feet. (4) Building mounted vertical wind turbines and residential-type antennas, provided height shall not exceed 40 feet. (5) Lighthouses and beacons. (6) Residential WECS and WECS as an accessory use in the CI district provided that maximum tower height shall not exceed 60 feet. Height shall be measured from the mean grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower. C. Exceptions by special permit [See also § 139-21A(3) below]. The special permit granting authority may grant a special permit to allow the following structures to exceed such height limitations: (1) Chimneys. (2) Antennas. (3) Water towers and stand pipes. (4) Residential WECS greater than 60 feet in height and Commercial WECS. Height shall be measured from the mean grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower. (6) (5) Buildings located within the CDT Zoning District, provided that a finding is made by the special permit granting authority that the proposed height exceeding 30 feet is: (a) Both necessary and desirable to the restoration or preservation of an existing, historic structure, if applicable; (b) Both complementary and appropriate to the scale of the adjoining streetscape which is supported by the existence of surrounding buildings of equivalent height and the receipt of approval from the Historic District Commission; and (c) Not detrimental to adjoining properties by substantially casting them in shadow or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or overcrowding. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: MovMovMovMoved that ed that ed that ed that Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 17, Nantucket, section 17, Nantucket, section 17, Nantucket, section 17, be amebe amebe amebe amended nded nded nded as follows as follows as follows as follows (NOTE: new language is shown as highlighted (NOTE: new language is shown as highlighted (NOTE: new language is shown as highlighted (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not text, language to be deleted is shown by strikeout; these methods to denote changes are not text, language to be deleted is shown by strikeout; these methods to denote changes are not text, language to be deleted is shown by strikeout; these methods to denote changes are not Page 31 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions meant to become part of the final text):meant to become part of the final text):meant to become part of the final text):meant to become part of the final text): §§§§ 139139139139----17. Height limitations.17. Height limitations.17. Height limitations.17. Height limitations. In all districts, the height ofIn all districts, the height ofIn all districts, the height ofIn all districts, the height of buildings and other structures shall not exceed 30 feet, subject to buildings and other structures shall not exceed 30 feet, subject to buildings and other structures shall not exceed 30 feet, subject to buildings and other structures shall not exceed 30 feet, subject to the following: the following: the following: the following: A. Building and structure heightA. Building and structure heightA. Building and structure heightA. Building and structure height is measured as the average height of all sides of a is measured as the average height of all sides of a is measured as the average height of all sides of a is measured as the average height of all sides of a building or structure from the average mean grade to the highest point of the buildingbuilding or structure from the average mean grade to the highest point of the buildingbuilding or structure from the average mean grade to the highest point of the buildingbuilding or structure from the average mean grade to the highest point of the building and/or structure. There shall be only one highest point for each building and/or structure. and/or structure. There shall be only one highest point for each building and/or structure. and/or structure. There shall be only one highest point for each building and/or structure. and/or structure. There shall be only one highest point for each building and/or structure. No one building and/or structure side shall exceed 32 feet. No one building and/or structure side shall exceed 32 feet. No one building and/or structure side shall exceed 32 feet. No one building and/or structure side shall exceed 32 feet. Height limitations shall be as Height limitations shall be as Height limitations shall be as Height limitations shall be as followsfollowsfollowsfollows:::: Zoning District Maximum Height VR (Applies to only those properties referenced in Article 20 at the 2009 STM) 25 Country Overlay District SR-1, SOH, SR-10, SR-20, LUG 1, LUG-2, LUG-3, MMD, VN, VTEC 30 Town Overlay District R-1, ROH, R-5, R-10, R-20, R-40, CDT, CMI, CN, CTEC, CI, RC, RC-2, LC 30 (1) The ave(1) The ave(1) The ave(1) The average height of all sides of a building or structure shall not exceed 30 feet as rage height of all sides of a building or structure shall not exceed 30 feet as rage height of all sides of a building or structure shall not exceed 30 feet as rage height of all sides of a building or structure shall not exceed 30 feet as measured from the average mean grade to the highest point of the building or structure. measured from the average mean grade to the highest point of the building or structure. measured from the average mean grade to the highest point of the building or structure. measured from the average mean grade to the highest point of the building or structure. No one building side shall exceed 32 feet. No one building side shall exceed 32 feet. No one building side shall exceed 32 feet. No one building side shall exceed 32 feet. (2) There shall be only one highest point fo(2) There shall be only one highest point fo(2) There shall be only one highest point fo(2) There shall be only one highest point for each building or structure. r each building or structure. r each building or structure. r each building or structure. B. The following uses are permitted to exceed such height limitation to an extent reasonable B. The following uses are permitted to exceed such height limitation to an extent reasonable B. The following uses are permitted to exceed such height limitation to an extent reasonable B. The following uses are permitted to exceed such height limitation to an extent reasonable and customary: and customary: and customary: and customary: (1) Roof structures for ornamental purposes, such as roof walks, cupolas, spires and (1) Roof structures for ornamental purposes, such as roof walks, cupolas, spires and (1) Roof structures for ornamental purposes, such as roof walks, cupolas, spires and (1) Roof structures for ornamental purposes, such as roof walks, cupolas, spires and steeples. steeples. steeples. steeples. (2) Penthouses on bu(2) Penthouses on bu(2) Penthouses on bu(2) Penthouses on buildings to the extent necessary for mechanical purposes, not higher ildings to the extent necessary for mechanical purposes, not higher ildings to the extent necessary for mechanical purposes, not higher ildings to the extent necessary for mechanical purposes, not higher than eight feet and with area less than 25% of the building ground cover. than eight feet and with area less than 25% of the building ground cover. than eight feet and with area less than 25% of the building ground cover. than eight feet and with area less than 25% of the building ground cover. (3) Chimneys attached to a building, provided height shall not exceed 40 feet. (3) Chimneys attached to a building, provided height shall not exceed 40 feet. (3) Chimneys attached to a building, provided height shall not exceed 40 feet. (3) Chimneys attached to a building, provided height shall not exceed 40 feet. (4) Building mounted vertical win(4) Building mounted vertical win(4) Building mounted vertical win(4) Building mounted vertical wind turbines and residentiald turbines and residentiald turbines and residentiald turbines and residential----type antennas, provided height type antennas, provided height type antennas, provided height type antennas, provided height shall not exceed 40 feet. shall not exceed 40 feet. shall not exceed 40 feet. shall not exceed 40 feet. (5) Lighthouses and beacons. (5) Lighthouses and beacons. (5) Lighthouses and beacons. (5) Lighthouses and beacons. (6) Residential WECS and WECS as an accessory use in the CI district provided that (6) Residential WECS and WECS as an accessory use in the CI district provided that (6) Residential WECS and WECS as an accessory use in the CI district provided that (6) Residential WECS and WECS as an accessory use in the CI district provided that maximum tower height shall not exceed 60 feet. Height shamaximum tower height shall not exceed 60 feet. Height shamaximum tower height shall not exceed 60 feet. Height shamaximum tower height shall not exceed 60 feet. Height shall be measured from the mean ll be measured from the mean ll be measured from the mean ll be measured from the mean Page 32 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions grade surrounding the support pad(s) to the base of the wind generator measured along grade surrounding the support pad(s) to the base of the wind generator measured along grade surrounding the support pad(s) to the base of the wind generator measured along grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower.the vertical axis of the tower.the vertical axis of the tower.the vertical axis of the tower. C. Exceptions by special permit C. Exceptions by special permit C. Exceptions by special permit C. Exceptions by special permit [See also §[See also §[See also §[See also § 139139139139----21A(3)21A(3)21A(3)21A(3) below] below] below] below]. The special permit granting . The special permit granting . The special permit granting . The special permit granting authority may grant a special permit to allow the following structures to exceed such height authority may grant a special permit to allow the following structures to exceed such height authority may grant a special permit to allow the following structures to exceed such height authority may grant a special permit to allow the following structures to exceed such height limitations: limitations: limitations: limitations: (1) Chimneys. (1) Chimneys. (1) Chimneys. (1) Chimneys. (2) Antennas. (2) Antennas. (2) Antennas. (2) Antennas. (3) Water towers and stand pipes. (3) Water towers and stand pipes. (3) Water towers and stand pipes. (3) Water towers and stand pipes. (4) Residentia(4) Residentia(4) Residentia(4) Residential WECS greater than 60 feet in height and Commercial WECS. Height shall l WECS greater than 60 feet in height and Commercial WECS. Height shall l WECS greater than 60 feet in height and Commercial WECS. Height shall l WECS greater than 60 feet in height and Commercial WECS. Height shall be measured from the mean grade surrounding the support pad(s) to the base of the wind be measured from the mean grade surrounding the support pad(s) to the base of the wind be measured from the mean grade surrounding the support pad(s) to the base of the wind be measured from the mean grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower. generator measured along the vertical axis of the tower. generator measured along the vertical axis of the tower. generator measured along the vertical axis of the tower. (6)(6)(6)(6) (5)(5)(5)(5) Buildings located within the C Buildings located within the C Buildings located within the C Buildings located within the CDT Zoning District, provided that a finding is made by DT Zoning District, provided that a finding is made by DT Zoning District, provided that a finding is made by DT Zoning District, provided that a finding is made by the special permit granting authority that the proposed height exceeding 30 feet is: the special permit granting authority that the proposed height exceeding 30 feet is: the special permit granting authority that the proposed height exceeding 30 feet is: the special permit granting authority that the proposed height exceeding 30 feet is: (a) Both necessary and desirable to the restoration or preservation of an existing, (a) Both necessary and desirable to the restoration or preservation of an existing, (a) Both necessary and desirable to the restoration or preservation of an existing, (a) Both necessary and desirable to the restoration or preservation of an existing, historic structure, if applicabhistoric structure, if applicabhistoric structure, if applicabhistoric structure, if applicable; le; le; le; (b) Both complementary and appropriate to the scale of the adjoining streetscape which (b) Both complementary and appropriate to the scale of the adjoining streetscape which (b) Both complementary and appropriate to the scale of the adjoining streetscape which (b) Both complementary and appropriate to the scale of the adjoining streetscape which is supported by the existence of surrounding buildings of equivalent height and the is supported by the existence of surrounding buildings of equivalent height and the is supported by the existence of surrounding buildings of equivalent height and the is supported by the existence of surrounding buildings of equivalent height and the receipt of approval from the Historic District Commission; and receipt of approval from the Historic District Commission; and receipt of approval from the Historic District Commission; and receipt of approval from the Historic District Commission; and (c) Not detrimen(c) Not detrimen(c) Not detrimen(c) Not detrimental to adjoining properties by substantially casting them in shadow or tal to adjoining properties by substantially casting them in shadow or tal to adjoining properties by substantially casting them in shadow or tal to adjoining properties by substantially casting them in shadow or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or overcrowding. overcrowding. overcrowding. overcrowding. PLANNING BOARD COMMENT: PLANNING BOARD COMMENT: PLANNING BOARD COMMENT: PLANNING BOARD COMMENT: The Planning Board recommended an effective date of The Planning Board recommended an effective date of The Planning Board recommended an effective date of The Planning Board recommended an effective date of JanuaJanuaJanuaJanuaryryryry 31, 2010 for Article 20, which will rezone a porti 31, 2010 for Article 20, which will rezone a porti 31, 2010 for Article 20, which will rezone a porti 31, 2010 for Article 20, which will rezone a portion of Madaket from Ron of Madaket from Ron of Madaket from Ron of Madaket from R----20 to VR. 20 to VR. 20 to VR. 20 to VR. Therefore, changes to the maximum height requirements affecting those properties will also Therefore, changes to the maximum height requirements affecting those properties will also Therefore, changes to the maximum height requirements affecting those properties will also Therefore, changes to the maximum height requirements affecting those properties will also not be effective until January 31, 2010 and the Rnot be effective until January 31, 2010 and the Rnot be effective until January 31, 2010 and the Rnot be effective until January 31, 2010 and the R----20 zoning district will remain20 zoning district will remain20 zoning district will remain20 zoning district will remain in place until in place until in place until in place until that time.that time.that time.that time. FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT: : : : The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. Page 33 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions AAAARTICLE 2RTICLE 2RTICLE 2RTICLE 23333 (Zoning Bylaw Amendment: Height Exemptions) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, Section 17, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): D. Exemptions. Buildings and structures owned or operated by the Town of Nantucket including without limitation all of the Town’s departments, agencies, boards, committees, commissions, authorities, assignees or designees shall be exempt from the height limitations in this § 139-17. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOPLANNING BOPLANNING BOPLANNING BOARD MOTION: Moved that the Article not be adopted.ARD MOTION: Moved that the Article not be adopted.ARD MOTION: Moved that the Article not be adopted.ARD MOTION: Moved that the Article not be adopted. PLANNING BOARD COMMENT: PLANNING BOARD COMMENT: PLANNING BOARD COMMENT: PLANNING BOARD COMMENT: The Planning Board will continue to investigate how other The Planning Board will continue to investigate how other The Planning Board will continue to investigate how other The Planning Board will continue to investigate how other communities address zoning standards as applied to municipal structures in their bylaws and if communities address zoning standards as applied to municipal structures in their bylaws and if communities address zoning standards as applied to municipal structures in their bylaws and if communities address zoning standards as applied to municipal structures in their bylaws and if necessary, will propose an alternative article for the Annual Town Meeting.necessary, will propose an alternative article for the Annual Town Meeting.necessary, will propose an alternative article for the Annual Town Meeting.necessary, will propose an alternative article for the Annual Town Meeting. FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE FINANCE COMMITTEE COMMENTCOMMENTCOMMENTCOMMENT:::: The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board The Board of Selectmen supports the Planning Board Motion.Motion.Motion.Motion. ARTICLEARTICLEARTICLEARTICLE 24 24 24 24 (Real Estate Conveyance: North Pasture) To see if the Town will vote to authorize the Board of Selectmen to sell, grant or convey or otherwise dispose to the Nantucket Islands Land Bank or to a governmental body of the Commonwealth of Massachusetts or a non-profit organization whose mission is to conserve our natural resources, the fee in, a conservation restriction on, easements over and other lesser interests in the parcels listed below and shown on that certain plan entitled “2009 Special Town Meeting Town Meeting Warrant Article 24,” dated August 2009 and on file with the Office of the Town Clerk, as may be required by the Natural Heritage & Endangered Species Program (part of the Massachusetts Division of Fisheries and Wildlife) in connection with the use or disposition by the Town of any portions of such parcels for general municipal purposes, or to take any other action related thereto. Map Parcel Number Street Description 70 3 0 Hinsdale Road All 6.2 acres 78 5 0 Madequecham Valley Road Up to 22 acres 78 4 0 Madequecham Valley Road Up to 10 acres Page 34 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEE MOTION: Moved that the MOTION: Moved that the MOTION: Moved that the MOTION: Moved that the Board of Selectmen Board of Selectmen Board of Selectmen Board of Selectmen bebebebe authorized authorized authorized authorized to sell, to sell, to sell, to sell, grant or convey or otherwise dispose togrant or convey or otherwise dispose togrant or convey or otherwise dispose togrant or convey or otherwise dispose to the Nantucket Islands Land Bank or to a governmental the Nantucket Islands Land Bank or to a governmental the Nantucket Islands Land Bank or to a governmental the Nantucket Islands Land Bank or to a governmental body of the Commonwealth of Massachusetts or a nonbody of the Commonwealth of Massachusetts or a nonbody of the Commonwealth of Massachusetts or a nonbody of the Commonwealth of Massachusetts or a non----profit organization whose mission is to profit organization whose mission is to profit organization whose mission is to profit organization whose mission is to conseconseconseconserve our natural resources, the fee in, a conservation restriction on, easements over and rve our natural resources, the fee in, a conservation restriction on, easements over and rve our natural resources, the fee in, a conservation restriction on, easements over and rve our natural resources, the fee in, a conservation restriction on, easements over and other lesser interests in the parcels listed below and shown on that certain plan entitled “2009 other lesser interests in the parcels listed below and shown on that certain plan entitled “2009 other lesser interests in the parcels listed below and shown on that certain plan entitled “2009 other lesser interests in the parcels listed below and shown on that certain plan entitled “2009 Special Town Meeting Town Meeting Warrant Article 24,” dated August 20Special Town Meeting Town Meeting Warrant Article 24,” dated August 20Special Town Meeting Town Meeting Warrant Article 24,” dated August 20Special Town Meeting Town Meeting Warrant Article 24,” dated August 2009, as may be 09, as may be 09, as may be 09, as may be required by trequired by trequired by trequired by the Natural Heritage & Endangered Species Program (part of the Massachusetts he Natural Heritage & Endangered Species Program (part of the Massachusetts he Natural Heritage & Endangered Species Program (part of the Massachusetts he Natural Heritage & Endangered Species Program (part of the Massachusetts Division of Fisheries and Wildlife) in connection with the use or disposition by the Town of any Division of Fisheries and Wildlife) in connection with the use or disposition by the Town of any Division of Fisheries and Wildlife) in connection with the use or disposition by the Town of any Division of Fisheries and Wildlife) in connection with the use or disposition by the Town of any portions of such parcels for general municipal purposes:portions of such parcels for general municipal purposes:portions of such parcels for general municipal purposes:portions of such parcels for general municipal purposes: MapMapMapMap ParcelParcelParcelParcel Number Number Number Number StreetStreetStreetStreet DescriptionDescriptionDescriptionDescription 70707070 3333 0000 Hinsdale Road Hinsdale Road Hinsdale Road Hinsdale Road All 6.2 acresAll 6.2 acresAll 6.2 acresAll 6.2 acres 78787878 5555 0000 Madequecham Valley RoadMadequecham Valley RoadMadequecham Valley RoadMadequecham Valley Road Up to 22 acresUp to 22 acresUp to 22 acresUp to 22 acres 78787878 4444 0000 Madequecham Valley RoadMadequecham Valley RoadMadequecham Valley RoadMadequecham Valley Road Up to 10 acresUp to 10 acresUp to 10 acresUp to 10 acres BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Committee Committee Committee Motion.Motion.Motion.Motion. ARTICLEARTICLEARTICLEARTICLE 25 25 25 25 (Real Estate Acquisition and Conveyance: North Pasture) To see if the Town will vote to authorize the Board of Selectmen and the Nantucket Islands Land Bank to acquire by purchase, gift or eminent domain the fee title interest in all or any portions of those certain rights of way located east of the Airport, described below and shown on that certain plan entitled “2009 Special Town Meeting Town Meeting Warrant Article 25,” dated August 2009 and on file with the Office of the Town Clerk, together with any private rights of passage, for open space and conservation purposes; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes; to see if the Town will vote to authorize the Board of Selectmen and Nantucket Islands Land Bank to sell, grant or convey or otherwise dispose to the Nantucket Islands Land Bank or to a governmental body of the Commonwealth of Massachusetts or a non-profit organization whose mission is to conserve our natural resources the fee title or a conservation restriction and easement on such parcel, or to take any other action related thereto. • Hinsdale Road between New South Road and Russell’s Way, • Old South Road between New South Road and Hinsdale Road, and • Proprietors Road between Hinsdale Road and Russell’s Way. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen and the Nantucket FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen and the Nantucket FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen and the Nantucket FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen and the Nantucket Islands Land Bank Islands Land Bank Islands Land Bank Islands Land Bank bebebebe authorized to acquire by purchase, gift or authorized to acquire by purchase, gift or authorized to acquire by purchase, gift or authorized to acquire by purchase, gift or eminent domain the fee title eminent domain the fee title eminent domain the fee title eminent domain the fee title interest in all or any portions of those certain rights of way located east of the Airport, described interest in all or any portions of those certain rights of way located east of the Airport, described interest in all or any portions of those certain rights of way located east of the Airport, described interest in all or any portions of those certain rights of way located east of the Airport, described below and below and below and below and shown on that certain plan entitled “2009 Special Town Meeting Warrant Article 25,” shown on that certain plan entitled “2009 Special Town Meeting Warrant Article 25,” shown on that certain plan entitled “2009 Special Town Meeting Warrant Article 25,” shown on that certain plan entitled “2009 Special Town Meeting Warrant Article 25,” dated August 2009 and dated August 2009 and dated August 2009 and dated August 2009 and together together together together with any private rights of passage, for open space and with any private rights of passage, for open space and with any private rights of passage, for open space and with any private rights of passage, for open space and Page 35 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions conservation purposes;conservation purposes;conservation purposes;conservation purposes; andandandand thatthatthatthat the Board of Selectmen and Nantucket Islands Land Bank the Board of Selectmen and Nantucket Islands Land Bank the Board of Selectmen and Nantucket Islands Land Bank the Board of Selectmen and Nantucket Islands Land Bank be be be be authorized to authorized to authorized to authorized to sell, grant or convey or otherwise dispose tosell, grant or convey or otherwise dispose tosell, grant or convey or otherwise dispose tosell, grant or convey or otherwise dispose to the Nantucket Islands Land Bank or the Nantucket Islands Land Bank or the Nantucket Islands Land Bank or the Nantucket Islands Land Bank or to a governmentato a governmentato a governmentato a governmental body of the Commonwealth of Massachusetts or a nonl body of the Commonwealth of Massachusetts or a nonl body of the Commonwealth of Massachusetts or a nonl body of the Commonwealth of Massachusetts or a non----profit organization profit organization profit organization profit organization whose mission is to conserve our natural resources the fee title or a conservation restriction whose mission is to conserve our natural resources the fee title or a conservation restriction whose mission is to conserve our natural resources the fee title or a conservation restriction whose mission is to conserve our natural resources the fee title or a conservation restriction and easement on such parceland easement on such parceland easement on such parceland easement on such parcelssss:::: • Hinsdale Road between New South Road and Russell’s Way,Hinsdale Road between New South Road and Russell’s Way,Hinsdale Road between New South Road and Russell’s Way,Hinsdale Road between New South Road and Russell’s Way, • OOOOld South Road between New South Road and Hinsdale Road, andld South Road between New South Road and Hinsdale Road, andld South Road between New South Road and Hinsdale Road, andld South Road between New South Road and Hinsdale Road, and • Proprietors Road between Hinsdale Road and Russell’s Way.Proprietors Road between Hinsdale Road and Russell’s Way.Proprietors Road between Hinsdale Road and Russell’s Way.Proprietors Road between Hinsdale Road and Russell’s Way. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 26 26 26 26 (Real Estate Acquisition: Western Avenue) To see if the Town will vote to authorize either the Board of Selectmen or the Nantucket Islands Land Bank to acquire by purchase, gift or eminent domain easements over portions of the following properties further described below and any rights of way adjacent thereto, together with any private rights of passage, for conservation, open space and public beach purposes and as shown on the plan entitled “2009 Special Town Meeting Warrant Article 26,” dated August 2009 and filed at the Office of the Town Clerk; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes; or to take any other action related thereto. Map Parcel Number Street 87 69/70 12 Western Avenue 87 71 14 Western Avenue 87 72 16 Western Avenue 87 73/132 18 Western Avenue 87 74 20 Western Avenue 87 75 22 Western Avenue 87 76 24 Western Avenue 87 77 26 Western Avenue 87 78 28 Western Avenue 87 79/80 30 Western Avenue 87 82 34 Western Avenue 87 83 (a portion of 133) 36 Western Avenue (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen and the Nantucket FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen and the Nantucket FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen and the Nantucket FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen and the Nantucket Islands Land Bank Islands Land Bank Islands Land Bank Islands Land Bank bebebebe authorized to acquire by purchase, gift or eminent domain easements authorized to acquire by purchase, gift or eminent domain easements authorized to acquire by purchase, gift or eminent domain easements authorized to acquire by purchase, gift or eminent domain easements over portiover portiover portiover portions of the following properties further described below and any rights of way adjacent ons of the following properties further described below and any rights of way adjacent ons of the following properties further described below and any rights of way adjacent ons of the following properties further described below and any rights of way adjacent thereto, together with any private rights of passage, for conservation, open space and public thereto, together with any private rights of passage, for conservation, open space and public thereto, together with any private rights of passage, for conservation, open space and public thereto, together with any private rights of passage, for conservation, open space and public beach purposes and as shown on the plan entitled “2009 Special Town Meetingbeach purposes and as shown on the plan entitled “2009 Special Town Meetingbeach purposes and as shown on the plan entitled “2009 Special Town Meetingbeach purposes and as shown on the plan entitled “2009 Special Town Meeting Warrant Warrant Warrant Warrant Article 26,” Article 26,” Article 26,” Article 26,” and and and and dated August 2009dated August 2009dated August 2009dated August 2009:::: Page 36 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions MapMapMapMap ParcelParcelParcelParcel Number Number Number Number StreetStreetStreetStreet 87878787 69/7069/7069/7069/70 12121212 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 71717171 14141414 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 72727272 16161616 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 73/13273/13273/13273/132 18181818 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 74747474 20202020 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 75757575 22222222 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 76767676 24242424 Western AvenueWestern AvenueWestern AvenueWestern Avenue 88887777 77777777 26262626 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 78787878 28282828 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 79/8079/8079/8079/80 30303030 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 82828282 34343434 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 83 (a portion of 133)83 (a portion of 133)83 (a portion of 133)83 (a portion of 133) 36363636 Western AvenueWestern AvenueWestern AvenueWestern Avenue BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 27 27 27 27 (Miller Lane Access) To see if the Town will vote to extend Miller Lane shown as Lot B2 on Land Court Plan numbered 16154-B to allow Mary Glowacki owner of these parcels further described in the Town Assessor’s records as Map 68 Parcel 124, 125 and 126 with no access to Old South Road the right to access her parcels via Miller Lane as recommended by the Planning Board by 5-0 vote at their December 11, 2008 meeting. (Joan Bunting, et al) FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved thatthatthatthat no action no action no action no action be taken on the subject mabe taken on the subject mabe taken on the subject mabe taken on the subject matter of tter of tter of tter of the the the the Article.Article.Article.Article. FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: Action on this Article by Town Meeting is not binding as Action on this Article by Town Meeting is not binding as Action on this Article by Town Meeting is not binding as Action on this Article by Town Meeting is not binding as this action can only be taken by the County Commissionersthis action can only be taken by the County Commissionersthis action can only be taken by the County Commissionersthis action can only be taken by the County Commissioners.... BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee MotionCommittee MotionCommittee MotionCommittee Motion and Comment. and Comment. and Comment. and Comment. ARTICLEARTICLEARTICLEARTICLE 28 28 28 28 (Appropriation Reduction: Police Station) To see if the Town would vote to reduce the proposed expenditures for the new police station from $15,000,000 to $10,000,000. (Carol Dunton, et al) FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved thathathathat the Article not be adopted.t the Article not be adopted.t the Article not be adopted.t the Article not be adopted. Page 37 September 21, 2009 Special Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Finance Committee continues to strongly support FINANCE COMMITTEE COMMENT: The Finance Committee continues to strongly support FINANCE COMMITTEE COMMENT: The Finance Committee continues to strongly support FINANCE COMMITTEE COMMENT: The Finance Committee continues to strongly support the new police station as designed. The Committee firmly believes that due to the longthe new police station as designed. The Committee firmly believes that due to the longthe new police station as designed. The Committee firmly believes that due to the longthe new police station as designed. The Committee firmly believes that due to the long----term term term term additional costs, potential litigations, loss of exisadditional costs, potential litigations, loss of exisadditional costs, potential litigations, loss of exisadditional costs, potential litigations, loss of existing funding and existing safety concerns, this ting funding and existing safety concerns, this ting funding and existing safety concerns, this ting funding and existing safety concerns, this facility should proceed as approved.facility should proceed as approved.facility should proceed as approved.facility should proceed as approved. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion and Comment.Committee Motion and Comment.Committee Motion and Comment.Committee Motion and Comment. ARTICLEARTICLEARTICLEARTICLE 29 29 29 29 (Size Reduction: Police Station) To see if the Town would vote to limit the size of the proposed new police station, reducing its square footage from 36,000 to 20,000 square feet. (Carol Dunton, et al) FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.that the Article not be adopted.that the Article not be adopted.that the Article not be adopted. FINANCE COMMITTEE COMMENT: The FinanFINANCE COMMITTEE COMMENT: The FinanFINANCE COMMITTEE COMMENT: The FinanFINANCE COMMITTEE COMMENT: The Finance Committee continues to strongly support ce Committee continues to strongly support ce Committee continues to strongly support ce Committee continues to strongly support the new police station as designed. The Committee firmly believes that due to the longthe new police station as designed. The Committee firmly believes that due to the longthe new police station as designed. The Committee firmly believes that due to the longthe new police station as designed. The Committee firmly believes that due to the long----term term term term additional costs, potential litigations, loss of existing funding and existing safety concerns, this additional costs, potential litigations, loss of existing funding and existing safety concerns, this additional costs, potential litigations, loss of existing funding and existing safety concerns, this additional costs, potential litigations, loss of existing funding and existing safety concerns, this facility should procfacility should procfacility should procfacility should proceed as approved.eed as approved.eed as approved.eed as approved. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion and Comment.Committee Motion and Comment.Committee Motion and Comment.Committee Motion and Comment. ARTICLEARTICLEARTICLEARTICLE 30 30 30 30 (Bylaw Amendment: Town Meeting Quorum Requirement) To see if the Town will vote to require a quorum of 12% of registered voters be present each night of the annual town meeting. (Carol Dunton, et al) FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved that the Article not be adopted.that the Article not be adopted.that the Article not be adopted.that the Article not be adopted. FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT: The Finance Committee recommends referral to the The Finance Committee recommends referral to the The Finance Committee recommends referral to the The Finance Committee recommends referral to the Town Government Study CommitteeTown Government Study CommitteeTown Government Study CommitteeTown Government Study Committee for evaluation. for evaluation. for evaluation. for evaluation. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance The Board of Selectmen supports the Finance Committee Motion and Comment.Committee Motion and Comment.Committee Motion and Comment.Committee Motion and Comment. Timeline forSeptember 21, 2009 STMas endorsed by BOS 7/22/09modified 08/05/09Date Time/Location ActionWed, Jul 22 6PM BOS sets date of STM; opens warrant; endorses timelineMon, Jul 27 4PM Warrant closes to citizen article submittalsTues, Jul 28 by 4PM Any zoning articles sent to PlanningTues, Jul 28 - Mon, Aug 3 n/a Warrant articles prepared/reviewed by Town Administration/Planning/Town CounselTues, Aug 4 4PM Draft warrant must be ready for BOS adoption on 8/5/09Wed, Aug 5 6PM BOS adopts warrant Fri, Aug 7 by Noon Warrant sent to newspaper & FinCom; FinCom public hrg notice sent to newspaperTues, Aug 11 4PM/2 FG FinCom meeting to review warrant articlesThurs, Aug 13 n/a Warrant published in newspaper; FinCom public hrg notice published in newspaperMon, Aug 17 6PM/2FG Planning Board public hearing on all zoning articles except height articlesTues, Aug 18 by 4PM Planning Board motions submitted to Town AdministrationThurs, Aug 20 4PM/2 FG FinCom public hearing on warrant articles; Town Counsel present (?)Mon, Aug 24 6PM/2FG Planning Board public hearing on zoning height articles (2)Tues, Sept 1 4PM/2FG FinCom adoption of motionsWed, Sept 2 6PM BOS adopts any recommendations/comments to articlesFri, Sept 4 by Noon Warrant w/FC motions/Planning Board motions/BOS recs sent to printerFri, Sept 11 end of dayWarrant mailed to voters (last date to mail to comply with Charter requirement to mailto all registered voters 7 days prior to Town MeetingWed, Sept 16 2PM/2FG Pre-STM conference with ModeratorMon, Sept 21 6PM/NHS STM starts (and hopefully, ends on same night)NOTES:Voter reg dates not included hereLabor Day is Mon, Sept 7 COMMONWEALTH OF MASSACHUSETTSCOMMONWEALTH OF MASSACHUSETTSCOMMONWEALTH OF MASSACHUSETTSCOMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET WARRANT FORWARRANT FORWARRANT FORWARRANT FOR September September September September 21,21,21,21, 2009 2009 2009 2009 Special Town MeetingSpecial Town MeetingSpecial Town MeetingSpecial Town Meeting Town of NantucketTown of NantucketTown of NantucketTown of Nantucket 16 Broad Street16 Broad Street16 Broad Street16 Broad Street Nantucket, MA 02554Nantucket, MA 02554Nantucket, MA 02554Nantucket, MA 02554 508508508508----228228228228----7255725572557255 www.nantucketwww.nantucketwww.nantucketwww.nantucket----ma.govma.govma.govma.gov Page 1 September 21, 2009 Special Town Meeting Warrant To the Constables of the Town of Nantucket: GREETING: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Nantucket qualified to vote in Town affairs, to meet and assemble themselves at the Nantucket High School Auditorium at 10 Surfside Road in said Nantucket, on MONDAY, MONDAY, MONDAY, MONDAY, SEPTEMBER 21,SEPTEMBER 21,SEPTEMBER 21,SEPTEMBER 21, 2009 AT 2009 AT 2009 AT 2009 AT 6666:00 PM,:00 PM,:00 PM,:00 PM, THEN AND THERE TO ACTHEN AND THERE TO ACTHEN AND THERE TO ACTHEN AND THERE TO ACT ON THE ARTICLEST ON THE ARTICLEST ON THE ARTICLEST ON THE ARTICLES CONTAINED WITH THE ECONTAINED WITH THE ECONTAINED WITH THE ECONTAINED WITH THE ENCLOSED WARRANT:NCLOSED WARRANT:NCLOSED WARRANT:NCLOSED WARRANT: ARTICLE 1ARTICLE 1ARTICLE 1ARTICLE 1 (Fiscal Year 2010 General Fund Operating Budget Adjustments) To see what action the Town will take to adjust the fiscal year 2010 budget voted at the 2009 annual town meeting by increase, decrease or other adjustments to appropriations voted pursuant to Article 8 for expenditures or sources of funds, and to raise and appropriate, borrow pursuant to any applicable statute, or transfer into various line items of the fiscal year 2010 operating budget from other line items of said budget or transfer from any other available funds, for the purpose of such operating budget adjustments; or to take any other action as related thereto. (Board of Selectmen) ARTICLE ARTICLE ARTICLE ARTICLE 2222 (Fiscal Year 2010 Enterprise Fund Operating Budgets Adjustments) To see if the Town will vote to amend the appropriations voted pursuant to Article 12 of the 2009 Annual Town Meeting by increase, decrease or other adjustment to appropriations for expenditures or sources of funds, for the operations of the Enterprise Funds of the Town; or to take any other action related thereto. (Board of Selectmen) ARTARTARTARTICLE 3ICLE 3ICLE 3ICLE 3 (Appropriation: FY 2010 Police and Fire Special Detail Fund) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from any line item of the FY 2010 operating budget voted pursuant to Article 8 of the 2009 Annual Town Meeting, or from any other available funds, to fund the Police and Fire Special Detail Fund to be used for the purposes for which the fund was established pursuant to Chapter 44, Section 53C of the General Laws of the Commonwealth; or to take any other action related thereto. (Board of Selectmen) Page 2 September 21, 2009 Special Town Meeting Warrant ARTICLE 4ARTICLE 4ARTICLE 4ARTICLE 4 (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; or to take any other action related thereto. (Board of Selectmen) ARTARTARTARTICLE 5ICLE 5ICLE 5ICLE 5 (Reappropriation: Prior Year Article) To see if the Town will vote to amend the purpose of an appropriation of Thirty-five Thousand Dollars ($35,000) pursuant to an affirmative vote of Article 23 of the 2007 Annual Town Meeting so that it is expanded from funding “a report of options for the operational structure of the municipal aggregate to be expended at the direction of the Town Administrator” to include funding “costs associated with the study, permitting, design and construction of municipal renewable energy projects to be expended with the approval of the Town Manager.”; or take any other action related thereto. (Board of Selectmen for Energy Study Committee) ARTICLE ARTICLE ARTICLE ARTICLE 6666 (Appropriation: Collective Bargaining Agreement/Laborer’s Union) To see what sums the Town may raise and appropriate or transfer from available funds or from adjustments to the Town’s budgets for Fiscal Year 2010 as voted at the April 2009 Annual Town Meeting, to fund the cost items for Fiscal Year 2010 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 related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 7 7 7 7 (Acceptance of Massachusetts General Law: Local Options Meals Tax) To see if the Town will vote to accept G.L. c. 64L, s. 2(a) to impose a local meals tax; or to take any other action related thereto. (Board of Selectmen) Page 3 September 21, 2009 Special Town Meeting Warrant ARTICLEARTICLEARTICLEARTICLE 8 8 8 8 (Acceptance of Massachusetts General Law: Amend Local Room Occupancy Excise Tax) To see if the Town will vote to accept the new G.L. ch. 64G, s. 3A recently voted by the General Court and to see what rate of local room occupancy excise under G.L. ch. 64G, s. 3A the Town will vote; or to take any other action related thereto. (Board of Selectmen) AAAARTICLERTICLERTICLERTICLE 9 9 9 9 (Appropriation: Adult Community Day Care Program) To see if the Town will vote to: raise and appropriate, borrow or transfer from available funds a sum of money to continuously maintain the operations of the Adult Day Care Center which has been in existence since 1992, providing a range of services and activities in an appropriate supervised setting for adults with functional impairments. (Jeanette D. Topham, et al) ARTICLEARTICLEARTICLEARTICLE 10 10 10 10 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Age Restriction) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsections (1)(a) and (b) 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) Elder housing facility containing no more than two occupants per unit and each occupant is either age 62 55 or older or is disabled or both; (b) Independent-living cottages containing no more than two occupants per unit and each occupant is either age 62 55 or older or disabled or both. Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) ARTICLE 11ARTICLE 11ARTICLE 11ARTICLE 11 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Operating Entity) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) 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): … an not-for-profit entity created for the purpose of engaged in providing housing for Nantucket senior citizens. Or to take any other action related thereto. Page 4 September 21, 2009 Special Town Meeting Warrant (Board of Selectmen for Sherburne Commons, Inc.) ARTICLE 12ARTICLE 12ARTICLE 12ARTICLE 12 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Skilled Nursing) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) 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) Skilled nursing care and associated facilities (c) (d) … (d) (e) … Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) AAAARTICLE 13RTICLE 13RTICLE 13RTICLE 13 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Unit Ownership) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) 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): … Buildings constructed or maintained for assisted/independent community housing shall be owned and/or managed by the Town of Nantucket… Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) AAAARTICLE 14RTICLE 14RTICLE 14RTICLE 14 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Major Site Plan Review) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C, subsection (1) 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) … The district may include the following permitted uses subject to a major site plan review as defined in § 139-23F(2) by special permit: Page 5 September 21, 2009 Special Town Meeting Warrant (a) … (b) … (c) Employee hHousing for staff employed by the ALC containing no more than four dwelling units; (d) … (2) Uses allowed by special permit, subject to a major site plan review as defined in § 139-23F(2): (a) Employee housing for employees of the ALC, exceeding a total of four units but not exceeding 10% of the total number of ALC dwelling units in the district. (3) (2) … Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) ARTICLE 15ARTICLE 15ARTICLE 15ARTICLE 15 (Zoning Bylaw Amendment: Assisted Living Community (ALC) District – Affordable Housing) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 14, paragraph C by taking the following actions: 1. To amend subsection 2 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): (b) Affordable housing 2. To amend subsection 3 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) Maximum number of units (excluding employee housing and affordable housing)… Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) Page 6 September 21, 2009 Special Town Meeting Warrant ARTICLE 16ARTICLE 16ARTICLE 16ARTICLE 16 (Zoning Bylaw Amendment: Definitions and Special 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: 1. To amend section 2, Definitions, 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): ASSISTED-INDEPENDENT-LIVING COMMUNITY An assisted-living residence, as defined by MGL c. 19D, including but not limited to, any associated dining facilities, common rooms, activity rooms, offices, accessory structures, and recreational facilities, that provides for the benefits of its residents services, including but not limited to: meals provided in a common dining room or delivered to rooms or cottages; housekeeping and laundry services; transportation services; emergency response services; assistance with eating, bathing, dressing, toileting and walking; security; exercise programs; medication reminders; and social and recreational activities. [Added 4-10-2000 ATM by Art. 27, AG approval 8-2-2000] ELDER HOUSING FACILITIES A facility containing one- and two-bedroom and/or studio apartments for independent living for use by elderly and/or disabled individuals, which may be integrated wholly or partially with an assisted-living residence as defined by MGL c. 19D, including associated dining facilities, common rooms, activity rooms, offices, accessory structures, and, recreational facilities. [Added 4-10-2000 ATM by Art. 27, AG approval 8-2-2000] One or more structures used for independent living, assisted living, skilled nursing care, hospice care, and other long term residential care for persons 55 or older or the disabled. Such structures may be detached dwelling units, attached dwellings units, integrated dwelling units, and/or multiple bedroom long term care facilities, as well as associated and ancillary facilities and services. INDEPENDENT-LIVING COTTAGES Residences each containing not more than two bedrooms that are constructed for the purpose of providing independent-living housing for elderly and disabled citizens, and are managed as a unified community with shared landscaping maintenance, housekeeping, recreational, and related services. [Added 4-10-2000 ATM by Art. 27, AG approval 8-2-2000] 2. To amend section 14 by deleting the existing text, 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 7 September 21, 2009 Special Town Meeting Warrant 139-14. Special Districts Academy Hill AHD and Our Island Home OIH and Assisted/Independent Living Community District (ALC). A. Academy Hill District (A1-ID) permitted uses: (1) Multifamily residential use (apartments) for the elderly (but including those at least 55 years old and those who were Academy Hill residents on January 1, 1990) upon conversion of the Academy Hill School. B. Our Island Home District (OH) permitted uses: (1) Medical facilities for long-term care (nursing homes). (2) Multifamily residential use (apartments) upon conversion of the original Our Island Home, including ancillary services and facilities customarily associated therewith. (3) Services and facilities for the benefit of the elderly or senior citizens, nursing-home residents, handicapped persons and others for whom social-welfare programs may be provided. C. Assisted/Independent Living Community District (ALC). [Added 4-10-2000 ATM by Art. 27, AG approval 8-2-2000] (1) Permitted uses. The principal permitted use shall be for an assisted-/independent- living community. Buildings constructed or maintained for assisted/independent community housing shall be owned and/or managed by the Town of Nantucket and/or by a not-for-profit entity created for the purpose of providing housing for Nantucket senior citizens. The district may include the following permitted uses subject to a major site plan review as defined in § 139-23F(2): (a) Elder housing facility containing no more than two occupants per unit and each occupant is either age 62 or older or is disabled or both; (b) Independent-living cottages containing no more than two occupants per unit and each occupant is either age 62 or older or disabled or both; (c) Employee housing for staff employed by the ALC containing no more than four dwelling units; (d) Ancillary buildings in which services and facilities for the benefit of residents of the ALC are provided, including but not limited to common dining rooms; buildings for housekeeping, laundry services; transportation; exercise programs, and social and recreational activities. Page 8 September 21, 2009 Special Town Meeting Warrant (2) Uses allowed by special permit, subject to a major site plan review as defined in § 139-23F(2): (a) Employee housing for employees of the ALC, exceeding a total of four units but not exceeding 10% of the total number of ALC dwelling units in the district. (3) Dimensional requirements. (a) Open area free from impervious surfaces: at least 20% as defined under § 139-16E; (b) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (except as necessary for entrance drives and utilities); (c) Maximum number of units (excluding employee housing): 60 dwelling units; by special permit this maximum number of units may be increased to 75 dwelling units. [Amended 4-15-2003 ATM by Art. 27, AG approval 8-27-2003] (4) Off-street parking requirements. The off-street parking requirements in § 139-18D shall not apply in the ALC District. The parking requirements shall be established by the Planning Board as part of its major site plan review pursuant to § 139-23D. (5) Off-street loading facilities. A minimum of one loading zone shall be provided on the site as specified in § 139-20. (6) Any increases in excess of the dimensional requirements contained in Subsection C(3) of this section herein shall be subject to the special permit requirements of § 139-30. (7) The Planning Board may waive the buffer requirements of Subsection C(3)(b), herein, upon a finding that the buffer area that is the subject of the waiver request is adequately buffered from surrounding uses by existing preserved open space. [Added 4-15-2003 ATM by Art. 27, AG approval 8-27-2003] 3. To amend section 14 by inserting the following text (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): 139-14. Special Districts: Academy Hill (AHD), Our Island Home (OIH), and Assisted/Independent Living Community District (ALC). A. Permitted uses in all districts: (1) Apartments for the elderly. Occupants must be age 55 or older. B. Additional permitted uses in the OIH district: Page 9 September 21, 2009 Special Town Meeting Warrant (1) Medical facilities for long-term care (nursing home); (2) Services and facilities for the benefit of the elderly, long-term care residents, disabled persons, and/or others for whom social-welfare programs may be provided; C. The following additional uses are permitted in the ALC district through the issuance of a special permit by the Planning Board. (1) Elder housing facility; (2) Employee housing; (3) Affordable housing. D. Additional requirements of the ALC district. (1) Open area free from impervious surfaces: at least 20% as defined in § 139-16E; (2) Minimum vegetative buffer area: 50 feet from all lot lines, 75 feet from street lines (except as necessary for entrance drives and utilities); (3) Maximum number of units (excluding employee housing and affordable housing): 75 dwelling units; (4) The requirement for off-street parking and loading facilities shall be established by the Planning Board; (5) The requirements of this § 139-14D may be waived through the issuance of special permit by the Planning Board based upon a finding that the requested relief is not substantially more detrimental to the neighborhood than the existing conditions. Or to take any other action related thereto. (Board of Selectmen for Sherburne Commons, Inc.) ARTICLEARTICLEARTICLEARTICLE 17 17 17 17 (Real Estate Disposition: Sherburne Commons) To see if the Town of Nantucket will vote to address the Sherburne Commons, Inc. issues, as follows: 1. To authorize the Board of Selectmen of the Town of Nantucket to acquire, by purchase, gift or eminent domain, all interests in the real estate and other assets of Sherburne Commons, Inc.; 2. To authorize the Board of Selectmen to engage the services of a management company to operate such real estate and other assets to provide assisted living, senior Page 10 September 21, 2009 Special Town Meeting Warrant housing, affordable housing, skilled nursing or other forms of facilities and support to the present and future residents of Sherburne Commons and support to the senior population of the town; 3. To accept the provisions of chapter 183A, § 20 of the general laws of the Commonwealth, which statute provides as follows: CHAPTER 183A. CONDOMINIUMS: Section 20. Municipal participation in condominium CHAPTER 183A. CONDOMINIUMS: Section 20. Municipal participation in condominium CHAPTER 183A. CONDOMINIUMS: Section 20. Municipal participation in condominium CHAPTER 183A. CONDOMINIUMS: Section 20. Municipal participation in condominium organization and ownershiporganization and ownershiporganization and ownershiporganization and ownership. Notwithstanding any other provision of general or special law, a city or town may own a unit of a condominium under this chapter, participate in the organization of unit owners and be liable for its share of the common expenses of the condominium. Said city or town may either purchase a unit of a condominium or, if the city or town intends to become the owner of such a unit and use the same for municipal purposes, it may contract for the creation of a condominium and for the advancement to the city or town of the acquisition costs allocable to all other units therein. It may acquire land therefor or devote thereto land already owned by it, construct, reconstruct or remodel a building thereon subject however to the provisions of chapter one hundred and forty-nine notwithstanding that said building is not intended solely for municipal uses, and execute and record a master deed submitting such land and building to the provisions of this chapter. Upon the completion of the said construction, reconstruction or remodeling it may convey to such other parties to said contract such units as have been paid for in the proportion of the aggregate cost allocable to their stipulated units. The authority contained in this section shall be exercised …. in the case of a town, by its town meeting. 4. To authorize the Board of Selectmen to submit all or any portions of the assets acquired pursuant to section 1 of this Article and the parcel(s) of Town land upon which such assets are located to the provisions of the Condominium Act (G.L. c. 183A) to create a condominium with such assets and land, and further to authorize the Board of Selectmen, subject to chapter 30B of the General laws, to sell, lease for a period to and including sixty (60) years, convey or otherwise dispose of all or any portions of such condominium and the condominium units thereby created, individually or collectively; 5. To establish a Sherburne Commons Enterprise Fund pursuant to Chapter 44, section 53 F ½ of the General Laws, to be under the management and control of the Board of Selectmen, into which Fund shall be deposited all revenues from the sale of condominiums at Sherburne Commons, the receipt of revenues from any applicable fees and charges at Sherburne Commons, or from revenues from rentals or occupancy of the assets so acquired from operation of the facility, to be spent by the Town Manager with the approval of the Board of Selectmen on the operation, management, debt service, and improvement of such assets; and to establish a Sherburne Commons Enterprise Fund budget and spending limits for Fiscal year 2010; 6. To authorize the Board of Selectmen to undertake the design and construction or the completion of design and construction of additional remaining units of housing and units of assisted living and related facilities and improvements, as has been previously permitted for this site or may hereafter be permitted for such site; Page 11 September 21, 2009 Special Town Meeting Warrant 7. To authorize the Board of Selectmen to enter in contracts and leases in excess of twenty years in duration to carry out the foregoing; 8. To authorize the Board of Selectmen to participate in Sherburne Commons Inc. bankruptcy proceedings pending before the United States Bankruptcy Court as may be necessary or advisable to carry out the foregoing; including the authority to submit any proposals, bids, offers objections, and the like; at auction or otherwise, and; 9. To raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute, including assumption of debt held by Sherburne Commons Inc. or otherwise, a sum of money to pay for such acquisition of assets of Sherburne Commons Inc., to meet any requirements of the United States Bankruptcy Court, or to operate and manage the facility for the benefit of its present and future residents, including the authority to step in and fund the operating losses of Sherburne Commons prior to sale. 10. Or to take any other action related thereto. (Board of Selectmen) AAAARTICLE 18RTICLE 18RTICLE 18RTICLE 18 (Zoning Map Change: Madaket RC to VTEC) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial (RC) district in the Village, Trade, Entrepreneurship, and Craft (VTEC) district: Map Lot Number Street 60 17 20 Little Neck Way 38 15 20 N. Cambridge St 38 14 16 N. Cambridge St 59.4 2 20 N. Cambridge St All as shown on a map entitled “2009 Special Town Meeting Warrant Article 18, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) AAAARTICLE 1RTICLE 1RTICLE 1RTICLE 19999 (Zoning Map Change: Madaket R-20 to LUG-3) 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 20 (R-20) district in the Limited Use General 3 (LUG-3) district: Page 12 September 21, 2009 Special Town Meeting Warrant Map Lot Number Street 36.2.2 1 New York Ave 36.2.2 2 Esther Island 36.2.2 6 Esther Island 36.2.2 13 Esther Island 36.2.2 22 Esther Island 36.2.3 34 Esther Island 36.2.3 43 New York Ave 36.2.3 47 Esther Island 36.2.3 51 New York Ave 36.2.3 54 Esther Island 36.2.3 55 Esther Island 36.2.3 59 Esther Island 36.2.3 97 Esther Island 36.2.3 98 Esther Island 38 9 195 Madaket Rd 38 57 198 Madaket Rd 38 57.1 192 Madaket Rd 38 57.2 194 Madaket Rd 38 57.3 196 Madaket Rd 38/59 57.4 200 Madaket Rd/Long Pond 38/59 57.5 202 Madaket Rd 38 58 197 Madaket Rd 59 1.1 233 Madaket Rd 59 28 2 Long Pond Dr 59 53 204 Madaket Rd 59 53.1 206 Madaket Rd 59 53.2 208 Madaket Rd 59 53.4 210 Madaket Rd 59.3 46 Columbus Ave 59.3 92 N Carolina Ave 59.3 93 15 Midland Ave 59.3 104 20 Columbus Ave 59.3 162 Midland Ave 59.3 187 Columbus Ave 59.3 188 N Carolina Ave 59.3 203 Midland Ave 59.3 204 Midland Ave 59.3 205 Midland Ave 59.3 213 Columbus Ave 59.3 230 Midland Ave Page 13 September 21, 2009 Special Town Meeting Warrant 59.3 252 Midland Ave 59.3 253 Midland Ave 59.3 259 29 Midland Ave 59.4 31 Goose Cove Ave 60 9 9 Massachusetts Ave 60 10 5 Massachusetts Ave 60 11 3 Massachusetts Ave 60 124 5 Chicago St 60 125 338 Madaket Rd 60 132 4 California Ave 60.1.2 70 Madaket Rd 60.2.1 75 60.2.4 5 6 Massachusetts Ave 60.2.4 9 60.2.4 25 New Hampshire Ave 60.2.4 27 15 Ames Ave 60.2.4 29 15 Ames Ave 60.2.4 33 11 Ames Ave 60.2.4 38 60.2.4 39 60.2.4 40 7 Ames Ave 60.2.4 46 Ames Ave 60.2.4 46.1 Massachusetts Ave 60.2.4 48 9 Ames Ave 60.2.4 52 Massachusetts Ave 60.2.4 53 Alabama Ave 60.3.1 32 51 New Hampshire Ave 60.3.1 83 27 Massachusetts Ave 60.3.1 84 25 Massachusetts Ave 61.1.1 1 Esther Island 61.1.1 33 Esther Island 61.1.1 36 Esther Island 61.1.1 58 Esther Island 61.1.1 225 Esther Island Open land or pond area to the north of Long Pond’s waters edge and south of Long Pond Drive property lines All as shown on a map entitled “2009 Special Town Meeting Warrant Article 19, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at the Office of the Town Clerk. Page 14 September 21, 2009 Special Town Meeting Warrant Or to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 20ARTICLE 20ARTICLE 20ARTICLE 20 (Zoning Map Change: Madaket R-20 to VR) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing properties currently located in the Residential 20 (R-20) district in the Village Residential (VR) district. All properties included in this article are within the village known as Madaket and are shown on a map entitled “2009 Special Town Meeting Warrant Article 20, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at the Office of the Town Clerk. A complete list of properties included in this article is also filed at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 21ARTICLE 21ARTICLE 21ARTICLE 21 (Zoning Map Change: Madaket R-20 to LUG-1) 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 20 (R-20) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 38 10 231 Madaket Rd 59 16 26 Long Pond Dr 59 17 24 Long Pond Dr 59 3 23 Long Pond Dr 59 18 22 Long Pond Dr 59 15 21 Long Pond Dr 59 19 20 Long Pond Dr 59 37.1 19 Long Pond Dr 59 20 18 Long Pond Dr 59 37 17 Long Pond Dr 59 21 16 Long Pond Dr 59 36 15 Long Pond Dr 59 22 14 Long Pond Dr 59 23 12 Long Pond Dr 59 24 10 Long Pond Dr 59 25 8 Long Pond Dr 59 26 6 Long Pond Dr Page 15 September 21, 2009 Special Town Meeting Warrant 59 27 4 Long Pond Dr 59 2 229 Madaket Rd 59 1.2 227 Madaket Rd 59 1.3 225 Madaket Rd 59.3 20 59.3 41 46 S Cambridge St 59.3 42 48 S Cambridge St 59.3 270.1 42 S Cambridge St 59.3 270.2 40 S Cambridge St 59.3 270.3 38 S Cambridge St 59.3 270.4 36 S Cambridge St 59.3 270.5 34 S Cambridge St 59.3 270.6 32 S Cambridge St 59.3 270.7 44 S Cambridge St 59.4 113 37 Long Pond Dr 59.4 116 38 Long Pond Dr 59.4 117 36 Long Pond Dr 59.4 12 35 Long Pond Dr 59.4 14 34 Long Pond Dr 59.4 13 33 Long Pond Dr 59.4 108 32 Long Pond Dr 59.4 20 31 Long Pond Dr 59.4 15 30 Long Pond Dr 59.4 19 29 Long Pond Dr 59.4 109 28 Long Pond Dr 59.4 18 27 Long Pond Dr 59.4 17 25 Long Pond Dr 59.4 364 235 Madaket Rd 59.4 10 241 Madaket Rd 59.4 21 230 Madaket Rd 59.4 120.1 232 Madaket Rd 59.4 120 234 Madaket Rd 59.4 119.1 238 Madaket Rd 59.4 119 240 Madaket Rd 59.4 118.1 242 Madaket Rd 59.4 22 S Cambridge St All as shown on a map entitled “2009 Special Town Meeting Warrant Article 21, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009 and filed herewith at the Office of the Town Clerk. Page 16 September 21, 2009 Special Town Meeting Warrant Or to take any other action related thereto. (Board of Selectmen for Planning Board) AAAARTICLE 22RTICLE 22RTICLE 22RTICLE 22 (Zoning Bylaw Amendment: Height) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 17, 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): § 139-17. Height limitations. In all districts, the height of buildings and other structures shall not exceed 30 feet, subject to the following: A. Building and structure height shall be measured from the average mean grade to the highest point of the structure. Each building or structure shall only have one highest point not to exceed 32 feet. Height limitations shall be as follows: Zoning District Maximum Height VR 25 Country Overlay District SR-1, SOH, SR-10, SR-20, LUG 1, LUG- 2, LUG-3, MMD, VN, VTEC 30 Town Overlay District R-1, ROH, R-5, R-10, R-20, R-40, CDT, CMI, CN, CTEC, CI, RC, RC-2, LC 30 (1) The average height of all sides of a building or structure shall not exceed 30 feet as measured from the average mean grade to the highest point of the building or structure. No one building side shall exceed 32 feet. (2) There shall be only one highest point for each building or structure. B. The following uses are permitted to exceed such height limitation to an extent reasonable and customary: (1) Roof structures for ornamental purposes, such as roof walks, cupolas, spires and steeples. (2) Penthouses on buildings to the extent necessary for mechanical purposes, not higher than eight feet and with area less than 25% of the building ground cover. Page 17 September 21, 2009 Special Town Meeting Warrant (3) Chimneys attached to a building, provided height shall not exceed 40 feet. (4) Building mounted vertical wind turbines and residential-type antennas, provided height shall not exceed 40 feet. (5) Lighthouses and beacons. (6) Residential WECS and WECS as an accessory use in the CI district provided that maximum tower height shall not exceed 60 feet. Height shall be measured from the mean grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower. C. Exceptions by special permit [See also § 139-21A(3) below]. The special permit granting authority may grant a special permit to allow the following structures to exceed such height limitations: (1) Chimneys. (2) Antennas. (3) Water towers and stand pipes. (4) Residential WECS greater than 60 feet in height and Commercial WECS. Height shall be measured from the mean grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower. (6) (5) Buildings located within the CDT Zoning District, provided that a finding is made by the special permit granting authority that the proposed height exceeding 30 feet is: (a) Both necessary and desirable to the restoration or preservation of an existing, historic structure, if applicable; (b) Both complementary and appropriate to the scale of the adjoining streetscape which is supported by the existence of surrounding buildings of equivalent height and the receipt of approval from the Historic District Commission; and (c) Not detrimental to adjoining properties by substantially casting them in shadow or resulting in the loss of privacy, air circulation, sunlight, safe ingress and egress or overcrowding. Or to take any other action related thereto. (Board of Selectmen for Planning Board) Page 18 September 21, 2009 Special Town Meeting Warrant AAAARTICLE 2RTICLE 2RTICLE 2RTICLE 23333 (Zoning Bylaw Amendment: Height Exemptions) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, Section 17, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): D. Exemptions. Buildings and structures owned or operated by the Town of Nantucket including without limitation all of the Town’s departments, agencies, boards, committees, commissions, authorities, assignees or designees shall be exempt from the height limitations in this § 139-17. Or to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLEARTICLEARTICLEARTICLE 24 24 24 24 (Real Estate Conveyance: North Pasture) To see if the Town will vote to authorize the Board of Selectmen to sell, grant or convey or otherwise dispose to the Nantucket Islands Land Bank or to a governmental body of the Commonwealth of Massachusetts or a non-profit organization whose mission is to conserve our natural resources, the fee in, a conservation restriction on, easements over and other lesser interests in the parcels listed below and shown on that certain plan entitled “2009 Special Town Meeting Town Meeting Warrant Article 24,” dated August 2009 and on file with the Office of the Town Clerk, as may be required by the Natural Heritage & Endangered Species Program (part of the Massachusetts Division of Fisheries and Wildlife) in connection with the use or disposition by the Town of any portions of such parcels for general municipal purposes, or to take any other action related thereto. Map Parcel Number Street Description 70 3 0 Hinsdale Road All 6.2 acres 78 5 0 Madequecham Valley Road Up to 22 acres 78 4 0 Madequecham Valley Road Up to 10 acres (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 25 25 25 25 (Real Estate Acquisition and Conveyance: North Pasture) To see if the Town will vote to authorize the Board of Selectmen and the Nantucket Islands Land Bank to acquire by purchase, gift or eminent domain the fee title interest in all or any portions of those certain rights of way located east of the Airport, described below and shown on that certain plan entitled “2009 Special Town Meeting Town Meeting Warrant Article 25,” dated August 2009 and on file with the Office of the Town Clerk, together with any private Page 19 September 21, 2009 Special Town Meeting Warrant rights of passage, for open space and conservation purposes; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes; to see if the Town will vote to authorize the Board of Selectmen and Nantucket Islands Land Bank to sell, grant or convey or otherwise dispose to the Nantucket Islands Land Bank or to a governmental body of the Commonwealth of Massachusetts or a non-profit organization whose mission is to conserve our natural resources the fee title or a conservation restriction and easement on such parcel, or to take any other action related thereto. • Hinsdale Road between New South Road and Russell’s Way, • Old South Road between New South Road and Hinsdale Road, and • Proprietors Road between Hinsdale Road and Russell’s Way. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 26 26 26 26 (Real Estate Acquisition: Western Avenue) To see if the Town will vote to authorize either the Board of Selectmen or the Nantucket Islands Land Bank to acquire by purchase, gift or eminent domain easements over portions of the following properties further described below and any rights of way adjacent thereto, together with any private rights of passage, for conservation, open space and public beach purposes and as shown on the plan entitled “2009 Special Town Meeting Warrant Article 26,” dated August 2009 and filed at the Office of the Town Clerk; to see if the Town will vote to appropriate, borrow pursuant to any applicable statute or transfer from available funds, a sum of money for such purposes; or to take any other action related thereto. Map Parcel Number Street 87 69/70 12 Western Avenue 87 71 14 Western Avenue 87 72 16 Western Avenue 87 73/132 18 Western Avenue 87 74 20 Western Avenue 87 75 22 Western Avenue 87 76 24 Western Avenue 87 77 26 Western Avenue 87 78 28 Western Avenue 87 79/80 30 Western Avenue 87 82 34 Western Avenue 87 83 (a portion of 133) 36 Western Avenue (Board of Selectmen) Page 20 September 21, 2009 Special Town Meeting Warrant ARTICLEARTICLEARTICLEARTICLE 27 27 27 27 (Miller Lane Access) To see if the Town will vote to extend Miller Lane shown as Lot B2 on Land Court Plan numbered 16154-B to allow Mary Glowacki owner of these parcels further described in the Town Assessor’s records as Map 68 Parcel 124, 125 and 126 with no access to Old South Road the right to access her parcels via Miller Lane as recommended by the Planning Board by 5-0 vote at their December 11, 2008 meeting. (Joan Bunting, et al) ARTICLEARTICLEARTICLEARTICLE 28 28 28 28 (Appropriation Reduction: Police Station) To see if the Town would vote to reduce the proposed expenditures for the new police station from $15,000,000 to $10,000,000. (Carol Dunton, et al) ARTICLEARTICLEARTICLEARTICLE 29 29 29 29 (Size Reduction: Police Station) To see if the Town would vote to limit the size of the proposed new police station, reducing its square footage from 36,000 to 20,000 square feet. (Carol Dunton, et al) ARTICLEARTICLEARTICLEARTICLE 30 30 30 30 (Bylaw Amendment: Town Meeting Quorum Requirement) To see if the Town will vote to require a quorum of 12% of registered voters be present each night of the annual town meeting. (Carol Dunton, et al) Page 21 September 21, 2009 Special Town Meeting Warrant ********************************************************************* Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of meeting and election aforesaid. Given under our hands this 6th day of August in the year Two Thousand Nine. ____________________________________ Michael Kopko, Chairman ____________________________________ Patricia Roggeveen ____________________________________ Brian Chadwick ____________________________________ Allen Reinhard ____________________________________ Rick Atherton SELECTMEN OF NANTUCKET, MA Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the Warrant of August 6, 2009, I have notified and warned the inhabitants of the Town of Nantucket qualified to vote in Town affairs to appear at the times and place and for the purposes within mentioned by posting said notification on __________________ at the Stop & Shop on Pleasant Street, the Grand Union on Salem Street, the Town and County Building at 16 Broad Street; and upon the Bulletin Boards at the corner of Main and Federal Streets, and Siasconset Square. Sworn to under pains and penalties of perjury, ___________________________________________________ Catherine Flanagan Stover, Constable