Loading...
HomeMy WebLinkAbout04052010 Town Meeting AgendaTown of Nantucket  OFFICE OF THE TOWN & COUNTY CLERK 16 Broad Street NANTUCKET, MASSACHUSETTS 02554-3590 Catherine Flanagan Stover, MMC, CMMC 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  2010 ANNUAL TOWN MEETING 2010 The following is a summary of the articles called and discussed, and the vote taken by the 2010 Annual Town Meeting held at the Nantucket High School, Mary P. Walker Auditorium, 10 Surfside Road, on April 5, 2010. Monday, April 5 – Meeting called to order at 6:08 PM. There were 360 when the meeting was called to order. There were ultimately 503 voters present. / 9:58 PM, Unanimous Vote to recess until Tuesday, April 6, 2010 at 6 PM. We will begin with Article 50. Tuesday, April 6 – Meeting called to order at 6:17 PM. There were 365 when the meeting was called to order. There were ultimately 495 voters present. / 11:02 PM, Unanimous Vote to recess until Wednesday, April 7, 2010 at 6 PM. Wednesday, April 7 – Meeting called to order at 6:13 PM. There were 168 when the meeting was called to order. There were ultimately 217 voters present. / 8:35 PM, Unanimous Vote to dissolve the 2010 Annual Town Meeting. ______________________________________________________________ Article 1: Receipt of Reports (Not Called) Adopted by Unanimous Voice Vote Article 2: Appropriation: Unpaid Bills (Called) Adopted by Unanimous Voice Vote Article 3: Appropriation: Prior Year Articles (Not Called) Adopted by Unanimous Voice Vote Article 4: Revolving Accounts: Annual Authorization (Not Called) Adopted by Unanimous Voice Vote Article 5: Appropriation: Reserve Fund (Not Called) Adopted by Unanimous Voice Vote Article 6: FY 2010 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 7: Personnel Compensation Plans for FY 2011 (Not Called) Adopted by Unanimous Voice Vote 1 2 Article 8: Appropriation: FY 2011 General Operating Budget (Called) Adopted by Unanimous Voice Vote Article 9: Appropriation: Health and Human Services (Not Called) Adopted by Unanimous Voice Vote Article 10: Appropriation: General Fund Capital Expenditures (Not Called) Adopted by Majority Voice Vote Article 11: Acceptance of Massachusetts General Law to Establish Separate Enterprise Fund for Our Island Home (Not Called) Adopted by Unanimous Voice Vote Article 12: Appropriation: Enterprise Funds Operation (Not Called) Adopted by Unanimous Voice Vote Article 13: Appropriation: Enterprise Funds Capital Expenditures (Not Called) Adopted by Unanimous Voice Vote Article 14: Enterprise Funds: Fiscal Year 2010 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 15: Appropriation: FY 2010 Police and Fire Special Detail Fund (Not Called) Adopted by Unanimous Voice Vote Article 16: Waterways Improvement Fund (Not Called) Adopted by Unanimous Voice Vote Article 17: Appropriation: County Assessment (Not Called) Adopted by Unanimous Voice Vote Article 18: Appropriation: Finalizing Fiscal Year 2011 County Budget (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 19: Rescind Unused Borrowing Authority (Not Called) Adopted by Unanimous Voice Vote Article 20: Appropriation: Ferry Embarkation Fee (Not Called) Adopted by Unanimous Voice Vote Article 21: Appropriation: Collective Bargaining Agreement/Our Island Home (Not Called) Take No Action by Unanimous Voice Vote Article 22: Appropriation: Collective Bargaining Agreement/Fire (Not Called) Take No Action by Unanimous Voice Vote Article 23: Appropriation: Collective Bargaining Agreement/Airport (Not Called) Take No Action by Unanimous Voice Vote Article 24: Appropriation: Collective Bargaining Agreement/Wannacomet Water (Not Called) Moved to Take No Action by Unanimous Voice Vote 3 Article 25: Fiscal Year 2011 Budget Transfers: Community Preservation Committee/Beaugrand (Not Called) Adopted by Unanimous Voice Vote Article 26: Appropriation: Community Preservation Committee/Beaugrand (Not Called) Adopted by Unanimous Voice Vote Article 27: Appropriation: Adult Community Day Care/Topham (Not Called) Moved to Take no Action, Contained within Article 11, by Unanimous Voice Vote Article 28: Appropriation: Plan for Polpis Bike Path/David (Not Called) Moved to Take No Action by Unanimous Voice Vote. Board of Selectmen Plan to Convene a Committee to Address. Article 29: Parking in the Core District/Mehringer (Not Called) Not Adopted by Unanimous Voice Vote Article 30: Establish Local Procurement Study Committee/Bridier (Called) Adopted as moved by Hamel by Majority Voice Vote Article 31: Bylaw Amendments: Sewers and Sewer Districts (Called) Adopted by Unanimous Voice Vote. Article 32: Bylaw Amendment: Wharves and Waterways (Called) Adopted as Amended by DeCosta by Unanimous Voice Vote Article 33: Bylaw Amendment: Council for Human Services (Not Called) Not Adopted by Unanimous Voice Vote Article 34: Bylaw Amendment: Nantucket Public Construction Projects/Baker (Not Called) Not Adopted by Unanimous Voice Vote Article 35: Bylaw: Property Owned by the Town of Nantucket, Management of/ Collier (Not Called) Not Adopted by Unanimous Voice Vote Article 36: Bylaw Amendment: Streets and Sidewalks/David (Called) Not Adopted by Majority Voice Vote. Board of Selectmen Plan to Convene a Committee to Address. Article 37: Bylaw Amendment: Bicycles and Mopeds/ Lydon (Called) Not Adopted by Majority Voice Vote Article 38: Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes (Not Called) Adopted by Unanimous Voice Vote Article 39: Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Changes/Dale (Not Called) Not Adopted by Unanimous Voice Vote Article 40: Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District/Hilts (Called) Adopted by Unanimous Voice Vote. 4 Article 41: Bylaw Amendment: Coastal Properties Owned by the Town, Management of/Stover (Not Called) Adopted by Unanimous Voice Vote Article 42: Bylaw Amendment: Swimming Pools, Private (Called) Adopted as amended by Roggeveen by Majority Voice Vote Article 43: Zoning Change: Split Zoning District Corrections – Various Locations (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 44: Zoning Change: Eel Point Road (Not Called) Adopted by Unanimous Voice Vote Article 45: Zoning Change: Appleton Road (Not Called) Adopted by Unanimous Voice Vote Article 46: Zoning Change: Fairgrounds Road and Old South Road (Called) Tabled by 2/3 Majority Handcount Vote. YES – 237; NO – 60; TOTAL = 297 Yes = 80% Article 47: Zoning Change: West Miacomet Road and Somerset Road (Not Called) Adopted by Unanimous Voice Vote Article 48: Zoning Change: Miacomet Golf Club (Not Called) Adopted by Unanimous Voice Vote Article 49: Zoning Change: South Pasture (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 50: Zoning Change: Surfside Area Plan – Surfside West (Called) Adopted by 2/3 Majority Handcount Vote: YES – 306; NO – 128; TOTAL: 434 (Yes = 71%) Article 51: Zoning Change: Surfside Area Plan – Surfside South (Called) Not Adopted by Majority Handcount Vote YES – 185; NO – 190 TOTAL: 374 Article 52: Zoning Change: Somerset Road and Somerset Lane (Called) Adopted by 2/3 Majority Handcount Vote YES – 280; NO – 115 TOTAL: 395 (Yes = 71%) Article 53 Zoning Change: Monomoy (Called) Not Adopted by Majority Handcount Vote YES – 219; NO – 142 TOTAL: 361 Article 54 Zoning Change: Intensity Regulations – Residential 5 (R-5) (Not Called) Adopted by Unanimous Voice Vote Article 55: Zoning Bylaw Amendment: Intensity Regulations – Swimming Pools (Called) Not Adopted by Majority Voice Vote Article 56: Zoning Bylaw Amendment: Secondary Dwelling/Williams (Called, Call Withdrawn) Adopted by Unanimous Voice Vote 5 Article 57: Zoning Bylaw Amendment: Residential Districts/Exemptions/Collier (Not Called) Not Adopted by Unanimous Voice Vote Article 58: Zoning Bylaw Amendment: Residential Districts/Permitted Uses/Collier (Not Called) Not Adopted by Unanimous Voice Vote Article 59: Home Rule Petition: Land Bank Real Estate Conveyance (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 60: Home Rule Petition: Community Housing Bank (Called) Not Adopted by Majority Handcount Vote YES – 178; NO - 183 Article 61: Home Rule Petition: Nantucket Islands Land Bank Amendment (Not Called) Adopted by Unanimous Voice Vote Article 62: Home Rule Petition: Harbor and Shellfish Advisory Board (Not Called) Adopted by Unanimous Voice Vote Article 63: Home Rule Petition: Ocean Management Planning Process (Not Called) Adopted by Unanimous Voice Vote Article 64: Home Rule Petition: Separate Board of Health (Not Called) Not Adopted by Unanimous Voice Vote. Not Needed as State Legislature Has Approved Article 65: Home Rule Petition: Pay for William J. Higgins (Not Called) Adopted by Unanimous Voice Vote Article 66: Home Rule Petition: Expansion of Room Occupancy Tax to Vacation Rentals (Called) Not Adopted by Majority Handcount Vote YES – 164; NO - 217 Article 67: Home Rule Petition: Conveyance of Land from County to Town (Not Called) Adopted by Unanimous Voice Vote Article 68: Home Rule Petition: An Act Regulating the Content and Application of Fertilizer Used in the Town of Nantucket (Called) Adopted as Moved by Smith and Amended by Kopko by Majority Handcount Vote YES – 186; NO - 102 Article 69: Home Rule Petition: Nantucket Sewer Act Amendment (Called) Not Adopted by Majority Voice Vote Article 70: Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket/Stover (Not Called) Adopted by Unanimous Voice Vote Article 71: Acceptance of Massachusetts General Law: Other Post-employment Benefits Liability Trust Fund (Not Called) Adopted by Unanimous Voice Vote Article 72: Real Estate Acquisition: Pine Street, Siasconset (Not Called) Adopted by Unanimous Voice Vote 6 Article 73: Real Estate Disposition: Pine Street, Siasconset (Not Called) Adopted by Unanimous Voice Vote Article 74: Real Estate Acquisition: Connections to Connections to Siasconset Bluffwalk (Called) Adopted By Unanimous Voice Vote Article 75: Real Estate Conveyances: Siasconset Bluffwalk (Not Called) Adopted by Unanimous Voice Vote Article 76: Real Estate Acquisition: “Paper” Streets, Surfside (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 77: Real Estate Conveyances: “Paper” Streets, Surfside (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 78: Real Estate Acquisition: Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote Article 79: Real Estate Conveyances: Paper Streets, Surfside (Not Called) Adopted by Unanimous Voice Vote Article 80: Real Estate Acquisition: Various Parcels, Cisco (Not Called) Adopted by Unanimous Voice Vote Article 81: Real Estate Conveyance: Various Parcels (Not Called) Adopted by Unanimous Voice Vote Article 82: Real Estate Disposition: West Dover Street (Called) Not Adopted by Majority Voice Vote Article 83: Real Estate Conveyance: Miller Way; former Nonantum Avenue parcel and West Tristram Avenue (Called) Adopted as Amended by Williams by Declared 2/3 Majority Voice Vote Article 84: Real Estate Acquisition: Gardner Road (Called, Call Withdrawn) Moved to Take No Action by Unanimous Voice Vote Article 85: Real Estate Disposition: Gardner Road (Called, Call Withdrawn) Moved to Take No Action Unanimous Voice Vote Article 86: Real Estate Disposition: 42R Sparks Avenue a/k/a Cow Pond Lane (Not Called) Adopted by Unanimous Voice Vote Article 87: Real Estate Dispositions: Low Beach Road, Monohansett Road, Arkansas Avenue and Nobadeer Avenue (Called) Adopted as Amended by Collier by Declared 2/3 Majority Voice Vote Article 88: Real Estate Disposition: Long-term Lease Authorization, 2 Fairgrounds Road (Not Called) Moved to Take No Action by Unanimous Voice Vote 7 Article 89: Real Estate Conveyance: Easements/2 and 4 Fairgrounds Road (Not Called) Adopted by Unanimous Voice Vote Article 90: Real Estate Conveyance: Easement/Harborview Way (Not Called) Adopted by Unanimous Voice Vote Article 91: Real Estate Conveyance: Easement/Airport (Not Called) Adopted by Unanimous Voice Vote Article 92: Real Estate Conveyance: North Pasture/Holdgate (Called) Adopted as Amended by 2/3 Majority Handcount Vote YES – 167; NO – 19 Yes = 90% Article 93: Real Estate Conveyance: South Pasture/Brown (Not Called) Adopted by Unanimous Voice Vote Article 94: Appropriation: Stabilization Fund (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 95: Appropriation: Free Cash (Not Called) Moved to Take No Action by Unanimous 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, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 33, 34, 35, 38, 39, 41, 43, 44, 45, 47, 48, 49, 54, 56, 57, 58, 59, 61, 62, 63, 64, 65, 67, 70, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 84, 85, 86, 87, 88, 89, 90, 91, 93, 94, and 95. 2010 Annual Town Meeting was dissolved at 8:35 PM, on April 7, 2010. Winner of the Glamorous Door Prize (Gift certificate for CFS Chocolate Cake) was Craig Sperry. 2010 ATM TimelineEndorsed by BOS: 10/0709Date Time ActivityWed, Sept 16 6pm BOS endorses timelines for 2010 ATM and FY 11 budgetOct 1, Oct 8 Advertise opening & closing dates of warrant for citizen submittalsTues, Oct 13 -Friday, Nov 20ATM warrant open for citizen submittalsThurs, Oct 229am - 11am Town Counsel available for citizens to review "How to Prepare a Warrant Article"Wed, Nov 42pm - 4pm Town Counsel available for citizens to review "How to Prepare a Warrant Article"Mon, Nov 23 by 4pm Zoning articles transmitted to PlanningOct - Dec Town warrant articles prepared/reviewed by Town Admin/Planning/Town CounselDec - Jan FinCom begins review of citizen warrant articlesJan - Feb Planning Board hearings on zoning articlesWed, Dec 16 6pm BOS reviews potential warrant articlesWed, Jan 6 6pm BOS reviews potential warrant articlesThurs, Jan 7 4pm FinCom reviews citizen warrant articles w/Town CounselWed, Jan 13 6pm BOS reviews potential warrant articlesWed, Jan 20 6pm BOS reviews potential warrant articlesWed, Jan 27 6pm BOS adopts 2010 ATM warrant & any ballot questionsThurs, Jan 28 Transmittal of warrant to FinComFri, Jan 29 by Noon Warrant & FinCom public hrg notice sent to newspaperFeb - Mar 4pm FinCom review of warrant articles (specific schedule to follow)Feb 1 - Mar 15 Town Counsel review of motions as prepared/draftedThurs, Feb 4 Warrant & FinCom public hrg notice published in newspaperTues, Feb 9 4pm FinCom public hrg on warrant articles; Town Counsel presentTues, Mar 2 Planning Board motions submitted to Town AdministrationTues, Mar 9 4pm FinCom adopts motions to articlesWed, Mar 17 6pm BOS adopts any recs/comments to articlesThurs, Mar 18 4pm Warrant with motions sent to printerThurs, Mar 25 Warrant with motions mailed out to votersWed, Mar 31 2pm pre-ATM conference with ModeratorMon, Apr 5 6pm 2010 ATM startsTues, Apr 13 Annual Town ElectionNOTES:Planning Board public hearings TBA COMMONWEALTH OF MASSACHUSETTSCOMMONWEALTH OF MASSACHUSETTSCOMMONWEALTH OF MASSACHUSETTSCOMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET WARRANT FORWARRANT FORWARRANT FORWARRANT FOR 2020202010101010 ANNUAL TOWN MEETING ANNUAL TOWN MEETING ANNUAL TOWN MEETING ANNUAL TOWN MEETING Nantucket HighNantucket HighNantucket HighNantucket High School School School School April April April April 5555, 20, 20, 20, 2010101010 –––– 6666:00 pm:00 pm:00 pm:00 pm AND AND AND AND ANNUAL TOWN ANNUAL TOWN ANNUAL TOWN ANNUAL TOWN ELECTIONELECTIONELECTIONELECTION Nantucket High SchoolNantucket High SchoolNantucket High SchoolNantucket High School April 1April 1April 1April 13333, 20, 20, 20, 2010101010 7:00 am 7:00 am 7:00 am 7:00 am –––– 8:00 pm 8:00 pm 8:00 pm 8:00 pm Town of NantucketTown of NantucketTown of NantucketTown of Nantucket 16 Broad 16 Broad 16 Broad 16 Broad StreetStreetStreetStreet Nantucket, MA 02554Nantucket, MA 02554Nantucket, MA 02554Nantucket, MA 02554 (508) (508) (508) (508) 228228228228----7255725572557255 www.nantucketwww.nantucketwww.nantucketwww.nantucket----ma.govma.govma.govma.gov Page 1 2010 Annual Town Meeting and Election Warrant To the Constables of the Town of Nantucket: GREETING: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Nantucket qualified to vote in Town affairs, to meet and assemble themselves at the Nantucket High School Auditorium at 10 Surfside Road in said Nantucket, on MONDAY, APRIL MONDAY, APRIL MONDAY, APRIL MONDAY, APRIL 5555, 20, 20, 20, 2010101010 AT AT AT 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 WARRANTNCLOSED WARRANTNCLOSED WARRANTNCLOSED WARRANT:::: ARTICLE 1ARTICLE 1ARTICLE 1ARTICLE 1 (Receipt of Reports)(Receipt of Reports)(Receipt of Reports)(Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2009 Annual Town Report or as may come before this meeting. (Board of Selectmen) ARTICLE 2ARTICLE 2ARTICLE 2ARTICLE 2 (Appropriation: Unpaid Bills)(Appropriation: Unpaid Bills)(Appropriation: Unpaid Bills)(Appropriation: Unpaid Bills) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds for the payment, pursuant to Chapter 44, section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years, including any bills now on overdraft. (Board of Selectmen) ARTICLE 3ARTICLE 3ARTICLE 3ARTICLE 3 ((((AppropriationAppropriationAppropriationAppropriation: Prior Year Articles): Prior Year Articles): Prior Year Articles): Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years. (Board of Selectmen) ARTICLE 4ARTICLE 4ARTICLE 4ARTICLE 4 (Revolving Accounts: Annual Authorization)(Revolving Accounts: Annual Authorization)(Revolving Accounts: Annual Authorization)(Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws for fiscal year 2011. (Board of Selectmen) Page 2 2010 Annual Town Meeting and Election Warrant ARTICLE 5ARTICLE 5ARTICLE 5ARTICLE 5 (Appropriation: Reserve Fund)(Appropriation: Reserve Fund)(Appropriation: Reserve Fund)(Appropriation: Reserve Fund) To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund pursuant to Chapter 40, section 6 of the Massachusetts General Laws, to provide for the extraordinary and unforeseen expenditures which may arise during fiscal year 2011; said sum not to exceed five (5) percent of the fiscal year 2010 tax levy. (Board of Selectmen) ARTICLE 6ARTICLE 6ARTICLE 6ARTICLE 6 (Fiscal Year 20(Fiscal Year 20(Fiscal Year 20(Fiscal Year 2010101010 Budget Transfers) Budget Transfers) Budget Transfers) Budget Transfers) To see what sums the Town will vote to transfer into various line items of the fiscal year 2010 operating budget from other line items of said budget and from other available funds. (Board of Selectmen) ARTICLE 7ARTICLE 7ARTICLE 7ARTICLE 7 (Personnel Compens(Personnel Compens(Personnel Compens(Personnel Compensation Plans for Fiscal Year 20ation Plans for Fiscal Year 20ation Plans for Fiscal Year 20ation Plans for Fiscal Year 2011111111)))) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2011: Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building Inspector, Assistant (hourly) 30.00 Dietician/Our Island Home (hourly) 33.00 Election Warden (hourly) 20.00 Election Worker (hourly) 15.00 EMT, Call (per hour) 15.00 Fire Captain, Call (yearly) 150.00 Fire Fighter, Call (per hour) 15.00 Fire Lieutenant, Call (yearly) 125.00 Fire Chief, Second Deputy (yearly) 5,000.00 Fire Chief, Third Deputy (yearly) 5,000.00 Plumbing Inspector, Assistant (hourly) 30.00 Registrar of Voters (yearly) 600.00 Registrar, Temporary Assistant (hourly) 10.00 Seasonal Shellfish Warden(s) (yearly) 300.00 Teen Center Staff (hourly) 11.00 Teen Center Staff/Second Year (hourly) 12.00 Temporary Employee various rates Page 3 2010 Annual Town Meeting and Election Warrant of pay Wiring Inspector, Assistant (hourly) 30.00 Veterans' Agent (hourly) 15.00 Schedule B -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2010- April 14, 2011) CompensationCompensationCompensationCompensation SecondSecondSecondSecond ThirdThirdThirdThird FourthFourthFourthFourth LevelLevelLevelLevel StartStartStartStart SSSSeasoneasoneasoneason SeasonSeasonSeasonSeason SeasonSeasonSeasonSeason A-Hourly* $13.00 $14.00 $15.00 $16.00 B-Hourly* $13.50 $14.50 $15.50 $16.50 C-Hourly* $14.50 $15.50 $16.50 $17.50 D-Hourly* $15.00 $16.00 $17.00 $18.00 E-Hourly* $17.00 $17.50 $18.00 $19.00 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Information Aide, Matron B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works) C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock Worker D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Tennis Attendant (Park & Recreation), Laborer (Park & Recreation) E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor (Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park & Recreation) Schedule C -- Scallop Season Compensation Schedule $35.00/day to be paid to the full-time permanent shellfish warden(s) when scalloping activity is taking place. Schedule D -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $86,460 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. (Board of Selectmen) Page 4 2010 Annual Town Meeting and Election Warrant ARTICLE 8ARTICLE 8ARTICLE 8ARTICLE 8 (Appropriation: Fiscal Year 20(Appropriation: Fiscal Year 20(Appropriation: Fiscal Year 20(Appropriation: Fiscal Year 2011111111 General Fund General Fund General Fund General Fund Operating Budget) Operating Budget) Operating Budget) Operating Budget) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of supporting the offices, departments, boards and commissions of the Town of Nantucket for Fiscal Year 2011. (Board of Selectmen) ARTICLARTICLARTICLARTICLE 9E 9E 9E 9 (Appropriation: Health and Human Services)(Appropriation: Health and Human Services)(Appropriation: Health and Human Services)(Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the Council for Human Services to be used by the Council to contract with various health and human services, not-for-profit corporations to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that contracts be executed by and between the Board of Selectmen and the respective private, not-for-profit agency for Fiscal Year 2011, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) ARTICLE 10ARTICLE 10ARTICLE 10ARTICLE 10 (Appropriation: General Fund Capita(Appropriation: General Fund Capita(Appropriation: General Fund Capita(Appropriation: General Fund Capital Expenditures)l Expenditures)l Expenditures)l Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for Fiscal Year 2011 for the offices, departments, boards and commissions of the Town of Nantucket. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 11 11 11 11 (Acceptance of Massachusetts Ge(Acceptance of Massachusetts Ge(Acceptance of Massachusetts Ge(Acceptance of Massachusetts General Law to Establish Separateneral Law to Establish Separateneral Law to Establish Separateneral Law to Establish Separate Enterprise Fund for Our Island Home)Enterprise Fund for Our Island Home)Enterprise Fund for Our Island Home)Enterprise Fund for Our Island Home) To see if the Town will vote to accept the provisions of G. L. Ch. 44, s. 53F1/2 to establish, beginning July 1, 2010 and continuing thereafter, a separate Our Island Home Enterprise Fund in the treasury of the Town for the Town-operated health care facility known as Our Island Home, into which Fund shall be deposited all receipts, revenues and funds from any source derived from all activities of Our Island Home, which Fund shall be applied pursuant to the processes described in said G. L. Ch. 44, s. 53F1/2 to pay for some or all of the expenses of operating, maintaining, and improving Our Island Home, all under the jurisdiction of the Town Manager and Board of Selectmen in accordance with the Charter of the Town of Nantucket, or to take any other action related thereto. (Board of Selectmen) Page 5 2010 Annual Town Meeting and Election Warrant ARTICLE 12ARTICLE 12ARTICLE 12ARTICLE 12 (Appropriation: Enterpri(Appropriation: Enterpri(Appropriation: Enterpri(Appropriation: Enterprise Funds Operations)se Funds Operations)se Funds Operations)se Funds Operations) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the operation of the Enterprise Funds of the Town of Nantucket for Fiscal Year 2011, out of anticipated revenues of the designated funds, for the purposes set forth above. (Board of Selectmen for the Various Departments Indicated) ARTICLARTICLARTICLARTICLE 13E 13E 13E 13 (Appropriation: Enterprise Funds Capital Expenditures)(Appropriation: Enterprise Funds Capital Expenditures)(Appropriation: Enterprise Funds Capital Expenditures)(Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate from the sources indicated below, for the purposes of capital expenditures in Fiscal Year 2011 for the Enterprise Funds established under the jurisdiction of the Town of Nantucket. (Board of Selectmen for the Various Departments Indicated) ARTICLE 14ARTICLE 14ARTICLE 14ARTICLE 14 (Enterprise Funds: Fiscal Year 20(Enterprise Funds: Fiscal Year 20(Enterprise Funds: Fiscal Year 20(Enterprise Funds: Fiscal Year 2010101010 Budget Transfers) Budget Transfers) Budget Transfers) Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2010 Enterprise Fund operating budgets from other line items of said budgets and/or from Enterprise Surplus Reserve Funds. (Board of Selectmen) ARTICLE 15ARTICLE 15ARTICLE 15ARTICLE 15 (Appropriation: FY 2010 Police and Fire Special Detail Fund)(Appropriation: FY 2010 Police and Fire Special Detail Fund)(Appropriation: FY 2010 Police and Fire Special Detail Fund)(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) ARTICLEARTICLEARTICLEARTICLE 16 16 16 16 (Appropriation: Waterways Improvement Fund)(Appropriation: Waterways Improvement Fund)(Appropriation: Waterways Improvement Fund)(Appropriation: Waterways Improvement Fund) To see what sum the Town will vote to appropriate from the revenue received under subsection (i) of section 2 of Chapter 60B and under section 10A of Chapter 91 and sums received from the Commonwealth or Federal Government for purposes established by M.G.L. Chapter 40 section 5G including but not limited to (1) maintenance , dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the Page 6 2010 Annual Town Meeting and Election Warrant breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law, or to take any other action related thereto. (Board of Selectmen) AAAARTICLE 17RTICLE 17RTICLE 17RTICLE 17 (Appropriation: County Assessment)(Appropriation: County Assessment)(Appropriation: County Assessment)(Appropriation: County Assessment) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to pay the County of Nantucket such assessment as is required for Fiscal Year 2011, and to authorize the expenditure of these funds for County purposes, all in accordance with the General Laws and in accordance with the County Charter (Chapter 290, Acts of 1996), the sum of One Hundred Thousand Dollars ($100,000); and, to take any other action related thereto. (Board of Selectmen/County Commissioners) ARTICLE 18ARTICLE 18ARTICLE 18ARTICLE 18 (Appropriation: Finalizing Fiscal Year 20(Appropriation: Finalizing Fiscal Year 20(Appropriation: Finalizing Fiscal Year 20(Appropriation: Finalizing Fiscal Year 2011111111 County Budget) County Budget) County Budget) County Budget) To see if the Town will vote to overturn any denial of approval by the Nantucket County Review Committee, of any item of the County budget for Fiscal Year 2011 by appropriating a sum of money for such County budget and authorizing the expenditure of estimated County revenues, County reserve funds, County deed excise fees or other available County funds including the Town assessment for County purposes; further, to see if the Town will vote to overturn any denial by the Nantucket County Review Committee of the establishment of a County Reserve Fund, from which transfers may be made to meet extraordinary or unforeseen expenditures with the approval of the County Commissioners acting as the County Advisory Board Executive Committee within the meaning of c. 35, s. 32 of the General Laws of the Commonwealth. (Board of Selectmen/County Commissioners) ARTICLE 19ARTICLE 19ARTICLE 19ARTICLE 19 (Rescind Unused Borrowing Authority)(Rescind Unused Borrowing Authority)(Rescind Unused Borrowing Authority)(Rescind Unused Borrowing Authority) To see what action the Town will vote to amend, appropriate or reappropriate, transfer, modify, repeal or rescind unused borrowing authority authorized by previous town meetings, or to take any other action related thereto. (Board of Selectmen) Page 7 2010 Annual Town Meeting and Election Warrant ARTICLE 20ARTICLE 20ARTICLE 20ARTICLE 20 (Appropriation: Ferry Embarkation Fee)(Appropriation: Ferry Embarkation Fee)(Appropriation: Ferry Embarkation Fee)(Appropriation: Ferry Embarkation Fee) To see what sum the Town will vote to appropriate from the proceeds of the ferry embarkation fee established by Chapter 46, section 129 of the Acts of 2003 as amended, for the purposes of mitigating the impacts of ferry service on the Town and County of Nantucket, including but not limited to provision of harbor services, public safety protection, emergency services, infrastructure improvements within and around Nantucket Harbor, and professional services pertaining to the potential use or reuse of land, buildings and infrastructure in the vicinity of Nantucket Harbor, and any other purpose allowed by applicable law, or to take any other action related thereto. (Board of Selectmen) ARTICLE ARTICLE ARTICLE ARTICLE 22221111 (Appropriation: Collective Bargaining Agreement/(Appropriation: Collective Bargaining Agreement/(Appropriation: Collective Bargaining Agreement/(Appropriation: Collective Bargaining Agreement/Our Island HomeOur Island HomeOur Island HomeOur Island Home)))) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2011 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Our Island Home union employees (represented by the Service Employees Union International, Local 1199) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or to take any other action related thereto. (Board of Selectmen) ARTICLE ARTICLE ARTICLE ARTICLE 22222222 (Appropriation: Collective Bargaining Agreement/Fire)(Appropriation: Collective Bargaining Agreement/Fire)(Appropriation: Collective Bargaining Agreement/Fire)(Appropriation: Collective Bargaining Agreement/Fire) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department union employees (represented by the Nantucket Professional Firefighters Local 2509) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or to take any other action related thereto. (Board of Selectmen) ARTICLE 2ARTICLE 2ARTICLE 2ARTICLE 23333 (Appropriation: Collective Bargaining Agreement/Airport)(Appropriation: Collective Bargaining Agreement/Airport)(Appropriation: Collective Bargaining Agreement/Airport)(Appropriation: Collective Bargaining Agreement/Airport) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2011 in a collective bargaining contract between the Town of Nantucket (represented by the Airport Commission) and Airport union employees (represented by the Massachusetts Page 8 2010 Annual Town Meeting and Election Warrant Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s International Union of North America, Local 1060) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or to take any other action related thereto. (Board of Selectmen) ARTICLE 2ARTICLE 2ARTICLE 2ARTICLE 24444 (Appropriation: Collective Bargaining Agreement/Wannacomet Water)(Appropriation: Collective Bargaining Agreement/Wannacomet Water)(Appropriation: Collective Bargaining Agreement/Wannacomet Water)(Appropriation: Collective Bargaining Agreement/Wannacomet Water) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2011 in a collective bargaining contract between the Town of Nantucket (represented by the Nantucket Water Commission) and Wannacomet Water union employees (represented by the Utility Workers of America, AFL-CIO, Local Union 359) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 25 25 25 25 (Fiscal Year 2011 Budget Transfers: Community Preservation Committee)(Fiscal Year 2011 Budget Transfers: Community Preservation Committee)(Fiscal Year 2011 Budget Transfers: Community Preservation Committee)(Fiscal Year 2011 Budget Transfers: Community Preservation Committee) To see what sums the Town will vote to transfer into the Community Preservation Committee reserved and unreserved fund balances to turn back the unspent remainder of projects approved in prior fiscal years so that it will be available for future appropriations.... FROMFROMFROMFROM TOTOTOTO AMOUNTAMOUNTAMOUNTAMOUNT Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005 Fiscal Year 2011 $2.96 Nantucket Parks and Recreation Commission Children’s Beach Playground Community Preservation Committee Open Space Reserved fund balance Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005 Fiscal Year 2011 $1,724.72 Nantucket Parks and Recreation Commission Jetties Beach Playground Community Preservation Committee Open Space Reserved fund balance Article 22 ATM 2007Article 22 ATM 2007Article 22 ATM 2007Article 22 ATM 2007 Fiscal Year 2011 $62.00 Nantucket Parks and Recreation Commission Community Preservation Committee Page 9 2010 Annual Town Meeting and Election Warrant Tom Never’s Swing set Open space Reserved fund balance Total transfers to Open space Reserved fund balanceTotal transfers to Open space Reserved fund balanceTotal transfers to Open space Reserved fund balanceTotal transfers to Open space Reserved fund balance $1,789.68$1,789.68$1,789.68$1,789.68 ArticlArticlArticlArticle 21 ATM 2004e 21 ATM 2004e 21 ATM 2004e 21 ATM 2004 Fiscal Year 2011 $100,000 Nantucket Boys and Girls Club Employee Housing Renovation and addition Community Preservation Committee Affordable housing Reserved fund balance Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004 Fiscal Year 2011 $115,000 Nantucket Housing Office Funding down payment assistance and gap financing Community Preservation Fund Affordable housing Reserved fund balance Article 24 ATM 2006Article 24 ATM 2006Article 24 ATM 2006Article 24 ATM 2006 Fiscal Year 2011 $200,000 Sherburne Commons Inc Assisted and independent Living community Community Preservation Fund Affordable Housing Reserved fund balance Article 26 ATM 2008Article 26 ATM 2008Article 26 ATM 2008Article 26 ATM 2008 Fiscal Year 2011 $31,818.91 Nantucket Planning and Economic Development Commission, funding for Housing planner/specialist Community Preservation Fund Affordable housing Reserved fund balance Total Transfers to Affordable Housing Reserved fund balanceTotal Transfers to Affordable Housing Reserved fund balanceTotal Transfers to Affordable Housing Reserved fund balanceTotal Transfers to Affordable Housing Reserved fund balance $446,818.91$446,818.91$446,818.91$446,818.91 (Kenneth Beaugrand, et al) ARTICLEARTICLEARTICLEARTICLE 26 26 26 26 (Appropriation: (Appropriation: (Appropriation: (Appropriation: Community Preservation Committee)Community Preservation Committee)Community Preservation Committee)Community Preservation Committee) To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2011 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. PurposePurposePurposePurpose AmountAmountAmountAmount Historic PreservationHistoric PreservationHistoric PreservationHistoric Preservation Page 10 2010 Annual Town Meeting and Election Warrant Nantucket Fireman’s AssociationNantucket Fireman’s AssociationNantucket Fireman’s AssociationNantucket Fireman’s Association Hose Cart House Restoration $25,000 South Church Preservation FundSouth Church Preservation FundSouth Church Preservation FundSouth Church Preservation Fund Restoration of the Plaster and Decorative painting Phase 3 $375,000 St. Paul’s ChurchSt. Paul’s ChurchSt. Paul’s ChurchSt. Paul’s Church Restoration of Stained Glass windows Phase 2 $77,900 Nantucket Historical AssociationNantucket Historical AssociationNantucket Historical AssociationNantucket Historical Association Preserving oral histories by digitization Phase 2 $50,000 Town Clerk’s Records Restoration Town Clerk’s Records Restoration Town Clerk’s Records Restoration Town Clerk’s Records Restoration Preservation and restoration of town records Final phase $79,900 African Meeting HouseAfrican Meeting HouseAfrican Meeting HouseAfrican Meeting House Restoration of interior of structure and historic windows $52,800 Town of Nantucket, Department ofTown of Nantucket, Department ofTown of Nantucket, Department ofTown of Nantucket, Department of Public WorksPublic WorksPublic WorksPublic Works Restoration of granite posts and fence at the Civil War monument $60,000 Artist’s Association of NantucketArtist’s Association of NantucketArtist’s Association of NantucketArtist’s Association of Nantucket Restoration, cleaning and framing of works in the permanent Collection $5,400 SubSubSubSub----totaltotaltotaltotal $726,000$726,000$726,000$726,000 Community HousingCommunity HousingCommunity HousingCommunity Housing HHHHousing Nantucketousing Nantucketousing Nantucketousing Nantucket Scattered site house recycling program $150,000 Interfaith CouncilInterfaith CouncilInterfaith CouncilInterfaith Council Housing and rental assistance program $95,000 Habitat for Humanity Nantucket, IncHabitat for Humanity Nantucket, IncHabitat for Humanity Nantucket, IncHabitat for Humanity Nantucket, Inc. Construct new Habitat for Humanity house $250,000 Town of Nantucket, AffordableTown of Nantucket, AffordableTown of Nantucket, AffordableTown of Nantucket, Affordable Housing Trust fund Housing Trust fund Housing Trust fund Housing Trust fund Creation of affordable housing in numerous ways $525,789 SubSubSubSub----totaltotaltotaltotal $1,020,789$1,020,789$1,020,789$1,020,789 Open Space Conservation /RecreationOpen Space Conservation /RecreationOpen Space Conservation /RecreationOpen Space Conservation /Recreation Town of Nantucket Town of Nantucket Town of Nantucket Town of Nantucket Public Access to open space acquisition fund for properties Phase 2 $100,000 Town oTown oTown oTown of Nantucketf Nantucketf Nantucketf Nantucket Survey plan for Weeweeder Valley open space $10,000 Open Space ReservesOpen Space ReservesOpen Space ReservesOpen Space Reserves Reserve for future years $130,000 Nantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation Commission Page 11 2010 Annual Town Meeting and Election Warrant Creation of multi use field complex on Nobadeer Farm Road, Phase 3 $300,000 Nantucket Nantucket Nantucket Nantucket Park and Recreation CommissionPark and Recreation CommissionPark and Recreation CommissionPark and Recreation Commission To complete the security at the Skate Park $20,000 SubSubSubSub----totaltotaltotaltotal $560,000$560,000$560,000$560,000 AdministrativeAdministrativeAdministrativeAdministrative Community Preservation CommitteeCommunity Preservation CommitteeCommunity Preservation CommitteeCommunity Preservation Committee Administrative and Operating expenses $93,211 SubSubSubSub----totaltotaltotaltotal $93,211$93,211$93,211$93,211 TOTALTOTALTOTALTOTAL $2,400,000$2,400,000$2,400,000$2,400,000 And amounts to be appropriated from the following sources:And amounts to be appropriated from the following sources:And amounts to be appropriated from the following sources:And amounts to be appropriated from the following sources: SOURCESSOURCESSOURCESSOURCES AMOUNTAMOUNTAMOUNTAMOUNT Raised and appropriated from FY 2011 Community Preservation Surcharge $1,701,000 From State matching funds for FY 2010, to be received in 2011 $473,500 From undesignated reserve fund balance $225,500 Total RevenuesTotal RevenuesTotal RevenuesTotal Revenues $2,400,000$2,400,000$2,400,000$2,400,000 For fiscal year 2011 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Provided however, that the above expenditures are conditional on the recording of appropriate historic preservation restrictions for historic resources, open space restrictions for open space resources, recreational restrictions for recreational resources, and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Kenneth Beaugrand, et al) ARTICLEARTICLEARTICLEARTICLE 27 27 27 27 (Appropriation: Adult Community Day Care)(Appropriation: Adult Community Day Care)(Appropriation: Adult Community Day Care)(Appropriation: Adult Community Day Care) 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 Community Day Page 12 2010 Annual Town Meeting and Election Warrant Care 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 Topham, et al) ARTICLEARTICLEARTICLEARTICLE 28 28 28 28 (Appropriation: Plan for Polpis Bi(Appropriation: Plan for Polpis Bi(Appropriation: Plan for Polpis Bi(Appropriation: Plan for Polpis Bike Path)ke Path)ke Path)ke Path) To see if the Town will vote to request that the County and/or the Selectmen appoint a committee to create and implement a plan for the Polpis Road Bike Path that accomplishes the following: 1) Improve visibility from the road through selective vegetation management; 2) Improve safety at private driveway intersections; 3) Improve sight lines for motorist and bike path users; 4) Correct landscape features to improve ease of maintenance, appearance and safety; 5) Enhance scenic qualities of the Polpis Road corridor, including views of nearby water resources; 6) Respect privacy and concerns of abutters; 7) Create an “Adopt a Bike Path” program for ongoing maintenance and installation of new or improved landscaping features and public amenities; and that said committee present a report no later than June 4, 2010, and that a sum of money not to exceed $50,000 be appropriated, raised, borrowed, transferred from existing funds normally used for maintenance of public roads and facilities including those owned by the County, or applied from grants, gifts, state or federal funds granted to the Town or County of Nantucket for such purposes to accomplish implementation; or take any other action related thereto. (Thomas J. David, et al) ARTICLE 2ARTICLE 2ARTICLE 2ARTICLE 29999 (Parking in the Core District)(Parking in the Core District)(Parking in the Core District)(Parking in the Core District) To see if the Town will support a rule that will eliminate the ticketing of vehicles legally parked in the Core District for any period of time less than 24 hours from October 1 to May 31 every year. (Michael Gregory Mehringer, et al) Page 13 2010 Annual Town Meeting and Election Warrant ARTICLE 30ARTICLE 30ARTICLE 30ARTICLE 30 (Establish Local Procurement Study Committee)(Establish Local Procurement Study Committee)(Establish Local Procurement Study Committee)(Establish Local Procurement Study Committee) To see if the Town will vote to: Establish a Local Procurement Study Committee [LPSC] to be appointed by the Board of Selectmen. The LPSC shall include one member of the Town Finance Committee, the Town Purchasing Officer or a designee and five members-at-large representing the general public. The purpose of the Committee shall be to study the potential for adoption of policies and practices to address disadvantages local vendors may experience while participating in the municipal procurement process. The LPSC shall meet regularly and shall report progress to the Board of Selectmen within six months of its initial meeting. (Patricia M. Bridier, et al) ARTICLEARTICLEARTICLEARTICLE 31 31 31 31 (Bylaw Amendments:(Bylaw Amendments:(Bylaw Amendments:(Bylaw Amendments: Sewers and Sewer Districts) Sewers and Sewer Districts) Sewers and Sewer Districts) Sewers and Sewer Districts) To see if the Town will vote to establish certain bylaws heretofore adopted by the Town and approved by the Attorney General relating to sewers and sewer districts within the Town of Nantucket to be bylaws adopted pursuant to Chapter 396 of the Acts of 2008 ("an Act authorizing the Establishment of the Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket") or take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 32 32 32 32 (Bylaw Amendment: (Bylaw Amendment: (Bylaw Amendment: (Bylaw Amendment: Wharves Wharves Wharves Wharves and Waterways)and Waterways)and Waterways)and Waterways) To see if the Town will vote to amend Chapter 137 (Wharves and Waterways) Section 137-4 (Mooring regulations) of the Code of the Town of Nantucket as follows (Note: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): E. Scope and size of chain on moorings. Length of mooring chain shall be at least the vertical height above the sea bottom to four feet above mean high water. Moorings for boats up to 26 feet in length shall have a chain of 3/8 inch or larger; moorings for boats from 26 feet to 40 feet shall have a chain of 1/2 inch or larger; and mooring for boats from 40 feet or larger in overall length shall use a chain of 5/8 inch. Moorings for boats 10-23 feet in length shall have a chain of 3/8 inch or larger; moorings for boats from 24 feet to 32 feet in length shall have a chain of 1/2 inch or larger; and moorings for boats 33 feet or larger in length shall use a chain of 5/8 inch. Maximum length of chain shall be no more than 2.5 times the maximum depth of the water, except where the Harbor Master determines otherwise. The location of all moorings shall be determined from time to time by the Harbor Master. No mooring shall be located in the main stream or any channel of any of the harbors of the Town, unless, in the opinion of the Harbor Master, the particular circumstances require it. Moorings shall be located so that Page 14 2010 Annual Town Meeting and Election Warrant vessels lying on them shall not block any channel or approach to wharves or other moorings in the vicinity or create any other hazard to navigation. If used, pennant length shall be twice the distance from the bow chock to the water line. Pennant line size shall be 3/8 inch for boats up to 10 feet, 7/16 inch for boats 21 feet to 30 feet, 1/2 nylon for boats 31 feet to 40 feet. Overall pennant length shall be no longer than eight feet in all areas other than the General Anchorage. Pennant line size shall be 3/8 inch for boats up to 10 feet, 7/16 inch for boats 11 feet to 23 feet, 1/2 for boats 24 feet to 32 feet and 5/8 for boats greater than 33 feet. F. Any mooring may be inspected All moorings will be inspected by a representative of the Marine & Coastal Resources Department or its designated representative on an annual basis, and its owner a mooring owner may be ordered by the Harbor Master to remove or relocate it his/her mooring whenever, in the judgment of the Harbor Master, the safety of other vessels or the optimum use of the area requires such action. The expense of such removal or relocation shall be the responsibility of the owner. Except in emergency situations, an owner shall have at least 14 days to relocate or remove a mooring when so ordered by the Harbor Master. All private moorings shall be removed from any shellfish areas prior to October 15. If the mooring is a Helix type then the mooring must be outfitted with an approved cap. G. . . . Each mooring buoy, both summer and winter, shall be painted white and have a minimum one-inch blue band visible above the water and shall be marked with numbers assigned by the Harbor Master Department. The numbers and/or letters shall be a minimum of three inches in height and be clearly visible at all times. All moorings will be marked with the appropriate grid location when assigned by the Harbor Master. Spar buoys shall be upright at all times and not less than 40º at any period of tide and not less than 18 inches exposed. Mooring buoys shall be of customary shape and materials, and the Harbor Master may order the removal of any buoys deemed to be inappropriate in form or appearance. A mooring permit sticker assigned by the Harbor Master shall be affixed to the port side of the bow or the port side of the mast on classic-design wooden sailboats. The number will correspond with the number on the mooring float. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 33 33 33 33 (Bylaw Amendment: Council for Human Services)(Bylaw Amendment: Council for Human Services)(Bylaw Amendment: Council for Human Services)(Bylaw Amendment: Council for Human Services) To see if the Town will vote to amend Chapter 12 (Council for Human Services) of the Code of the Town of Nantucket, by taking the following actions; and, further, that nonsubstantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket (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): §12.1. Establishment; purpose.§12.1. Establishment; purpose.§12.1. Establishment; purpose.§12.1. Establishment; purpose. There is hereby established a Council for Human Services which shall see to the provision of all needed human services in a manner which can best serve the residents of Nantucket, the coordination of the efforts of existing service organizations and the undertaking of efforts to obtain assistance and financial aid from federal, state and local governments, as well as Page 15 2010 Annual Town Meeting and Election Warrant private state and local governments, as well as private organizations, and the improvement of the provision of these services. The Council shall act as an advisory committee to town meeting, the Board of Selectmen and the Administration, and shall have no responsibility or authority to expend Town appropriations. §12.2. Membership; terms; vacancies. §12.2. Membership; terms; vacancies. §12.2. Membership; terms; vacancies. §12.2. Membership; terms; vacancies. The Council shall consist of nine five Nantucket residents who shall be appointed by the Board of Selectmen. for three-year terms; provided, however, that three of the initial appointments shall be for a term of one year, three for a term of two years and three for a term of three years. No member may be appointed to serve for more than two consecutive terms. One member shall be a member of the Board of Selectmen, and one member shall be a member of the Finance Committee, which members shall be appointed annually. These members shall serve ex-officio, and shall be, at the time of their appointment and throughout their terms on the Council, members of their respective bodies. Three members shall be at-large for three-year terms; provided, however, that one of the initial appointments shall be for a term of one year, one for a term of two years and one for a term of three years. The term of office shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in any position during a term shall be filled for the balance of the unexpired term in the same manner as an original appointment. §12.§12.§12.§12.3. Authorization to establish budget; expenditures; grants. 3. Authorization to establish budget; expenditures; grants. 3. Authorization to establish budget; expenditures; grants. 3. Authorization to establish budget; expenditures; grants. The Council and its Coordinator, if so established by Town Meeting, shall be authorized to establish an annual budget and expend such funds and to apply for, accept and expend federal and state grants for such purposes aforementioned. Or, to take any other action relative thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 34 34 34 34 (Bylaw: Nantucket Public Construction Projects)(Bylaw: Nantucket Public Construction Projects)(Bylaw: Nantucket Public Construction Projects)(Bylaw: Nantucket Public Construction Projects) To see if the Town will vote to: To create a new by-law, valid only in the town and county of Nantucket, Massachusetts which would require the winning bidder of Nantucket public construction projects, to hire at least 35% of all work crews, e.g. construction workers/carpenters, plumbers, electricians, plasters, landscapers, et al, to be registered Nantucket voters. In the Nantucket Inquirer and Mirror newspaper, dated November 5, 2009, it was written that local contractors lost out on $70 million of public construction jobs. (Robert J. Baker, et al) ARTICLEARTICLEARTICLEARTICLE 35 35 35 35 (Bylaw: Property owned by the T(Bylaw: Property owned by the T(Bylaw: Property owned by the T(Bylaw: Property owned by the Town of Nantucketown of Nantucketown of Nantucketown of Nantucket,,,, Management of) Management of) Management of) Management of) To see if the Town of Nantucket will create a new Chapter 112, Property owned by the Town of Nantucket, Management of, in the Code of Nantucket as indicated by the following highlighted text: Page 16 2010 Annual Town Meeting and Election Warrant Chapter 112 Property owned by the town of Nantucket, Management of Chapter 112-1 Prohibition of synthetic fertilizers and pesticides Beginning January 1, 2011, no outdoor use of synthetic fertilizer or synthetic pesticide shall be used on property owned by the Town of Nantucket or owned and administered by the Airport Commission, the School Committee, the Parks and Recreation Commission, and the Wannacomet Water Commission. For the purpose of this chapter synthetic shall mean a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from natural occurring plant, animal or mineral sources. The term shall not apply to substances created by naturally occurring biological processes. All other fertilizers, pesticides, and soil amendments shall be selected and applied in conformance with the Northeast Organic Farmers Association Standards for Organic Land Care, 4th edition, April 2009 and as may be amended and revised in the future. Chapter 112-2 Exemptions 1. Synthetic pesticides otherwise lawfully used at wastewater treatment plants and related collection, distribution, and treatment facilities. 2. Synthetic pesticides in contained baits or traps for the purpose of rodent control. 3. Synthetic pesticides used in conjunction with the management and prevention of timber feeding pests including but not limited to termites and powder post beetles. 4. Synthetic pesticides used to control Dutch elm disease or other debilitating pests and diseases in Town trees. 5. Synthetic pesticides used to control invasive plant and animal species as determined by the Town of Nantucket Wetland Protection Regulations. Chapter 112-3 Emergency Waivers If an emergency public health situation warrants the use of pesticides which would otherwise not be permitted under this Chapter, the Town of Nantucket Board of Health shall have the authority to grant a temporary waiver. If pesticides are used under the emergency waiver clause, then the area treated shall be conspicuously posted immediately after application and for a period of at least 48 hours. All pesticides used on school grounds under this emergency waiver clause must be used in compliance with the Children and Families Protection Act governing pesticide use on school property, including standard notification of parents, teachers, students and staff. (Cormac Collier, et al) Page 17 2010 Annual Town Meeting and Election Warrant ARTICLEARTICLEARTICLEARTICLE 36 36 36 36 (Bylaw Amendment: Streets and Side(Bylaw Amendment: Streets and Side(Bylaw Amendment: Streets and Side(Bylaw Amendment: Streets and Sidewalks)walks)walks)walks) To see if the Town will vote to amend # 127 of the Code of the Town of Nantucket (Streets and Sidewalks) as follows: Add: Article IX Vegetation Control for Safety along Roads, Bike Paths and Sidewalks. 127-26 This article adopts the manual entitled “Vegetation Control for Safety – A guide for Street and Highway Maintenance Personnel” prepared by the Federal Highway Administration Office of Highway Safety, current edition, as a guide for vegetation control on Nantucket roadways, bike paths and sidewalks. 127-27 Clear Zone: A “Clear Zone” defined as an unobstructed area beyond the edge of the vehicular traveled way, of between 5 and 8 feet in width, and a minimum of 13 feet in height shall be maintained along public roads shown on a map entitled “Clear Zone Maintenance Roadways” dated November 2009; and a minimum of 3 feet in width and 9 feet in height beyond the paved edge of any bicycle path. These areas shall be kept free of brush, tree limbs and branches and mowed not less than once every 4-6 weeks of the growing season. 127-28 Enforcement: These guidelines shall be enforced by the Board of Selectmen acting in any of its capacities, including Public Works Commissioners; or take any other action related thereto. (Thomas J. David, et al) ARTICLEARTICLEARTICLEARTICLE 37 37 37 37 (Bylaw Amendment: Bicycles and Mopeds)(Bylaw Amendment: Bicycles and Mopeds)(Bylaw Amendment: Bicycles and Mopeds)(Bylaw Amendment: Bicycles and Mopeds) To see if the Town of Nantucket will vote to amend Chapter 57 (Bicycles) Section One as follows: 1. Redesignate Subsection E as Subsection F 2. Add a new Subsection E reading as follows: “No operator of a bicycle shall permit same to be operated on a public right of way if there is a bicycle path adjacent to said right of way.” (James Lydon, et al) ARTICLEARTICLEARTICLEARTICLE 38 38 38 38 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Ch(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Ch(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Ch(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes)anges)anges)anges) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), sections 41-3A (Town Sewer District) and 41-3B (Siasconset Sewer District) of the Code of the Town of Nantucket by adding the following parcels to the respective maps: Page 18 2010 Annual Town Meeting and Election Warrant Town Sewer District Map/Parcel Address 41/12 4 Westmoor Lane Siasconset Sewer District Map/Parcel Address 73.4.2/85 8 Lincoln Street 73.4.2/46 7 – 9 Burnell Street 73.4.2/44 5 Burnell Street 73/104 1 Black Fish Lane 73/105 2 Black Fish Lane 73/106 11 Black Fish Lane 73/107 13 Black Fish Lane 73/108 15 Black Fish Lane 73/109 17 Black Fish Lane 73/110 19 Black Fish Lane 73/111 21 Black Fish Lane 73/112 23 Black Fish Lane 73/113 22 Black Fish Lane 73/114 20 Black Fish Lane 73/115 18 Black Fish Lane 73/116 16 Black Fish Lane 73/117 14 Black Fish Lane 73/118 12 Black Fish Lane 73/119 Black Fish Lane 73/2.3 30 Burnell Street 73/2.4 34 Burnell Street 73/2.5 32 Burnell Street 73/2.6 34A Burnell Street 73/2.7 28 Burnell Street 73/2.8 26 Burnell Street 73.4.1/26.1 31 Coffin Sias Street 73.4.2/1 17 Burnell Street 73.4.2/47 11 Burnell Street 73.4.2/48 15.5 Burnell Street 73.4.2/48.1 15 Burnell Street 73.4.2/49 13 Burnell Street And, to take any other action as may be related thereto. (Board of Selectmen) Page 19 2010 Annual Town Meeting and Election Warrant ARTICLEARTICLEARTICLEARTICLE 39 39 39 39 (Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Change)(Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Change)(Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Change)(Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Change) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), Section 41-B (Siasconset Sewer District) of the Code of the Town of Nantucket Sewer District Map by adding the following parcel(s) to said map: Map Lot Number Street 73 104 1 Black Fish Lane 73 105 2 Black Fish Lane 73 106 11 Black Fish Lane 73 107 13 Black Fish Lane 73 108 15 Black Fish Lane 73 109 17 Black Fish Lane 73 110 19 Black Fish Lane 73 111 21 Black Fish Lane 73 112 23 Black Fish Lane 73 113 22 Black Fish Lane 73 114 20 Black Fish Lane 73 115 18 Black Fish Lane 73 116 16 Black Fish Lane 73 117 14 Black Fish Lane 73 118 12 Black Fish Lane 73 119 Black Fish Lane 73 2 24 Burnell Street 73 2.1 22 Burnell Street 73 2.2 20 Burnell Street 73 2.3 30 Burnell Street 73 2.4 34 Burnell Street 73 2.5 32 Burnell Street 73 2.6 34A Burnell Street 73 2.7 28 Burnell Street 73 2.8 26 Burnell Street 73.4.1 2 40 Burnell Street 73.4.1 3 25 Clifton Street 73.4.1 25 21 Burnell Street 73.4.1 25.1 Burnell Street 73.4.1 26.1 31 Coffin Sias Street 73.4.2 1 17 Burnell Street 73.4.2 44 5 Burnell Street 73.4.2 46 9 Burnell Street 73.4.2 47 11 Burnell Street 73.4.2 48 15.5 Burnell Street 73.4.2 48.1 15 Burnell Street 73.4.2 49 13 Burnell Street 73.4.2 50 15R Burnell Street Page 20 2010 Annual Town Meeting and Election Warrant 73.4.2 85 8 Lincoln Sias Street 73.4.2 89 13R Burnell Street 73.4.2 127 4 Burnell Street 73.4.2 128 Burnell Street 49 162 Off Burnell Street 49 165.1 Burnell Street 49 166 52 Burnell Street 49 167 50 Burnell Street 49.3.2 1 23 Clifton Street 49.3.2 1.1 63 Burnell Street 49.3.2 1.2 73 Burnell Street 49.3.2 1.3 83 Burnell Street 49.3.2 1.4 55 Burnell Street 49.3.2 1.5 79 Burnell Street 49.3.2 16 44 Burnell Street 49.3.2 18 54 Burnell Street Or, to take any other action related thereto. (Kevin Dale. et al) ARTICLEARTICLEARTICLEARTICLE 40 40 40 40 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District)(Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District)(Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District)(Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), Section 41-3A (Town Sewer District) of the code of the Town of Nantucket Sewer District Map by adding the following parcel to the map. Map and Parcel Address 55 123 76 Hummock Pond Road (Kayla Hilts, et al) ARTICLEARTICLEARTICLEARTICLE 41 41 41 41 (Bylaw Amendment: Coastal Properties Owned by Town, Management of)(Bylaw Amendment: Coastal Properties Owned by Town, Management of)(Bylaw Amendment: Coastal Properties Owned by Town, Management of)(Bylaw Amendment: Coastal Properties Owned by Town, Management of) To see if the Town shall vote to amend Chapter 67-1, § C. of the Code of the Town of Nantucket, Management of Coastal Properties Owned by the Town of Nantucket, changing the sunset date of the Duration of Moratorium to “December 31, 2013.” (Catherine Flanagan Stover, et al) Page 21 2010 Annual Town Meeting and Election Warrant ARTICLEARTICLEARTICLEARTICLE 42 42 42 42 (Bylaw Amendment: Swimming Pools, Private)(Bylaw Amendment: Swimming Pools, Private)(Bylaw Amendment: Swimming Pools, Private)(Bylaw Amendment: Swimming Pools, Private) To see if the Town will vote to amend Chapter 129 (Swimming Pools, Private) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): 129-1B Location. The location of the swimming pool on the property shall conform to the dimensional setback requirements of the Zoning Bylaw for a structure swimming pools. (Board of Selectmen for Historic District Commission) ARTICLE ARTICLE ARTICLE ARTICLE 43434343 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: Split ZoninSplit ZoninSplit ZoninSplit Zoning District Corrections g District Corrections g District Corrections g District Corrections –––– Various Locations) Various Locations) Various Locations) Various Locations) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket as follows: 1. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 80 69 (a portion of) 109 Surfside Road 80 70 (a portion of) 111 Surfside Road 80 71 (a portion of) 115 Surfside Road 80 72 (a portion of) 119 Surfside Road 80 119 (a portion of) 121 Surfside Road 80 120 (a portion of) 125 Surfside Road 80 121(a portion of) 129 Surfside Road 80 192 (a portion of) 131 Surfside Road 80 249 (a portion of) 133 Surfside Road 80 250 (a portion of) 135 Surfside Road 80 251(a portion of) 137 Surfside Road 80 143.1(a portion of) 139 Surfside Road 80 143.2 (a portion of) 6 Pochick Avenue 80 101.5 (a portion of) 143D Surfside Road 80 101.4 (a portion of) 143C Surfside Road 80 100 (a portion of) 145 Surfside Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Residential 20 (R-20) district: Page 22 2010 Annual Town Meeting and Election Warrant Map Lot Number Street 80 36 (a portion of) 149 Surfside Road 80 35 (a portion of) 8 Nobadeer Avenue 87 114 (a portion of) 5 Station Street 87 150 (a portion of) 10 Auriga Street 80 219.3 (a portion of) 10 Auriga Street 3. By placing the following properties currently located in the Limited Use General 3 (LUG- 3) district in the Residential 20 (R-20) district: Map Lot Number Street 88 79 (a portion of) 64 Nobadeer Avenue 88 13 (a portion of) 68 Nobadeer Avenue 88 58 (a portion of) 63 Nobadeer Avenue 88 58.1 (a portion of) 63 Nobadeer Avenue 4. By placing the following properties currently located in the Residential 20 (R-20) district in the Limited Use General 2 (LUG-2) district: Map Lot Number Street 87 92 (a portion of) Weweeder Pond 87 93 (a portion of) 41 Western Avenue 87 (80) 154 (a portion of) Weweeder Pond 79 35 (a portion of) 12R Skyline Drive 79 4 (a portion of) 8 Skyline Drive 5. 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 88 47 (a portion of) beach 88 48 (a portion of) beach 87 40 (a portion of) beach 87 43 (a portion of) beach 87 48 (a portion of) beach 87 60 (a portion of) beach 6. By placing the following properties currently located in the Residential 10 (R-10) district in the Residential Commercial (RC) district: Map Lot Number Street 55 240.1 (a portion of) 38 Sparks Avenue Page 23 2010 Annual Town Meeting and Election Warrant 7. By placing the following properties currently located in the Sconset Residential 20 (SR- 20) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 48 6 (a portion of) Sconset Bluff 48 8 (a portion of) Sconset Bluff 8. By placing the following properties currently located in the Limited Use General 3 (LUG- 3) district in the Sconset Residential 20 (SR-20) district: Map Lot Number Street 73.1.4 11.2 (a portion of) 3 Baxter Road 9. By placing the following properties currently located in the Sconset Residential 1 (SR-1) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 73.1.3 3 (a portion of) 2 Nosegay Lane 73.1.3 4 (a portion of) 4 Nosegay Lane 73.1.3 5.8 (a portion of) Sconset Bluff 10. By placing the following property currently located in the Limited Use General 3 (LUG-3) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 43 93 (a portion of) 16 Gardner Road 43 132 (a portion of) 28 Gardner Road 43 131 (a portion of) 11 North Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 43” dated November 5, 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) ARTICLE ARTICLE ARTICLE ARTICLE 44444444 (Zoning Change:(Zoning Change:(Zoning Change:(Zoning Change: Eel Point Road)Eel Point Road)Eel Point Road)Eel Point Road) To see if the Town will vote amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Limited Use General 3 (LUG-3) district: Page 24 2010 Annual Town Meeting and Election Warrant Map Lot Number Street 37 1 Eel Point Road 37 2 Eel Point Road 37 3 Eel Point Road 34 1 Eel Point Road 33 1 187 Eel Point Road 33 2 185 Eel Point Road 33 3 183 Eel Point Road 33 4 16 Lavendar Lane 33 23 8 Lavendar Lane 33 5 169 Eel Point Road 33 9 141 Eel Point Road 33 6 Eel Point Road 33 7 155 Eel Point Road 33 8 151 Eel Point Road 33 10 Eel Point Road 38 37 Off Warren’s Landing Road 38 38 Off Warren’s Landing Road 38 39 Off Warren’s Landing Road 38 3 136 Eel Point Road 33 24 4 Lavendar Lane 32 33 110 Eel Point Road 32 32 86 Eel Point Road 32 31 76 Eel Point Road 39 2 90 Eel Point Road 39 1 90 Eel Point Road 38 7 1 Warren’s Landing Road 38 121 15 Ridge Lane 38 122 14 Ridge Lane 38 129 7 Warren’s Landing Road 38 115 28 Ridge Lane 38 139 13 Warren’s Landing Road 38 131 23 Warren’s Landing Road 38 59 31 Warren’s Landing Road 38 130 16 Warren’s Landing Road 38 92 8 Warren’s Landing Road 38 42 193 Madaket Road 38 11.1 233R Madaket Road 38 11.2 30 Warren’s Landing Road Page 25 2010 Annual Town Meeting and Election Warrant 38 11.3 26 Warren’s Landing Road 38 11.4 32 Warren’s Landing Road 38 26.3 46 Warren’s Landing Road 38 47 48 Warren’s Landing Road 38 48 48 Warren’s Landing Road 38 30 55 Warren’s Landing Road 38 29 52 Warren’s Landing Road 38 27 50 Warren’s Landing Road 38 26.1 10 Blue Heron Way 38 25 25 North Cambridge Street 38 24 27 North Cambridge Street 38 22 29 North Cambridge Street 38 158 21 North Cambridge Street 38 159 17 North Cambridge Street 38 172 38 171 38 13 North Cambridge Street 38 12 34R Warren’s Landing Road 38 170 38 169 38 168 38 167 38 166 38 165 38 164 38 163 38 162 38 161 38 160 North Cambridge Street 38 180 38 179 38 178 38 177 38 176 38 175 38 174 38 173 38 26.2 9 Blue Heron Way Page 26 2010 Annual Town Meeting and Election Warrant All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 44” dated November 5, 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) ARTICLE ARTICLE ARTICLE ARTICLE 45454545 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: Appleton Road)Appleton Road)Appleton Road)Appleton Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Village Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 66 66 43 Appleton Road 66 502 47 Appleton Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 45” dated November 5, 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) ARTICLEARTICLEARTICLEARTICLE 46 46 46 46 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: Fairgrounds Road and Old South Road)Fairgrounds Road and Old South Road)Fairgrounds Road and Old South Road)Fairgrounds Road and Old South Road) To see if the Town will vote to take the following actions: 1. To amend the Zoning Map of the Town of Nantucket by placing properties currently owned by the Town of Nantucket and located in the Residential Commercial 2 (RC-2) district in the Residential 5 (R-5) district and the Commercial Neighborhood (CN) district. 2. To amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 67 41.1 15 Old South Road 67 41.2 17 Old South Road 67 41.3 17 Old South Road 67 41.4 17A Old South Road 67 41.5 17B Old South Road Page 27 2010 Annual Town Meeting and Election Warrant 67 41.6 17C Old South Road 67 667 19 Old South Road 67 668 19A Old South Road 67 669 19C Old South Road 67 41 19B Old South Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 46” dated November 5, 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) ARTICLEARTICLEARTICLEARTICLE 47 47 47 47 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: West Miacomet Road West Miacomet Road West Miacomet Road West Miacomet Road and Somerset Road)and Somerset Road)and Somerset Road)and Somerset Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 10 (R-10) district: Map Lot Number Street 66 151 126 Somerset Road 66 150 130 Somerset Road 66 150.1 2 West Miacomet Road 81 163 132 Somerset Road 81 160 4 West Miacomet Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 47” dated November 5, 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) ARTICLE ARTICLE ARTICLE ARTICLE 48484848 (Zoning Change:(Zoning Change:(Zoning Change:(Zoning Change: Miacomet Golf Club) Miacomet Golf Club) Miacomet Golf Club) Miacomet Golf Club) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 3. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial Neighborhood (CN) district: Page 28 2010 Annual Town Meeting and Election Warrant Map Lot Number Street 81 150 12 West Miacomet Road 81 161 6 West Miacomet Road 81 162 8 West Miacomet Road 81 164 6.5 West Miacomet Road 66 67 (a portion of) 70 Bartlett Road 4. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 81 1 (a portion of) 1 West Miacomet Road 82 2 (a portion of) 3 West Miacomet Road 5. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 66 69 125 Somerset Road 69 69.1 (a portion of) 123 Somerset Road 6. By placing the following properties currently located in the Country Overlay District (COD) in the Town Overlay District (TOD): Map Lot Number Street 81 1 (a portion of) 1 West Miacomet Road 82 2 (a portion of) 3 West Miacomet Road 81 150 12 West Miacomet Road 66 67 (a portion of) 70 Bartlett Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 48” dated November 5, 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) Page 29 2010 Annual Town Meeting and Election Warrant ARTICLE 49ARTICLE 49ARTICLE 49ARTICLE 49 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: South Pasture)South Pasture)South Pasture)South Pasture) To see if the Town will vote to take the following actions: 1. To amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 3 (LUG-3) district in the Commercial Industrial (CI) district: Map Lot Number Street 78 4 (a portion of) Maddequecham Valley Road 2. To amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following properties currently located in the Country Overlay District, in the Town Overlay District: Map Lot Number Street 78 4 (a portion of) Maddequecham Valley Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 49” dated January 22, 2010 and filed herewith at the Office of the Town Clerk. (Board of Selectmen for Planning Board) ARTICLEARTICLEARTICLEARTICLE 50 50 50 50 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: Surfside Area Plan Surfside Area Plan Surfside Area Plan Surfside Area Plan –––– Surfside West) Surfside West) Surfside West) Surfside West) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use 1 (LUG-1) district: Map Lot Number Street 80 218 20 South Shore Road 80 116 24 South Shore Road 80 178 28 South Shore Road 80 300 4 Blueberry Lane 80 301 6 Blueberry Lane 80 302 8 Blueberry Lane 80 297.8 South Pasture Lane 80 297.7 12 South Pasture Lane 80 297.6 10 South Pasture Lane 80 297.5 8 South Pasture Lane 80 297.4 6 South Pasture Lane 80 297.3 4 South Pasture Lane Page 30 2010 Annual Town Meeting and Election Warrant 80 297.2 25 South Shore Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Residential 40 (R-40) district: Map Lot Number Street 67 74 4 South Shore Road 67 337 6 South Shore Road 80 3 8 South Shore Road 80 67 14 South Shore Road 80 66 18 South Shore Road 80 65 14 South Shore Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 50” dated November 5, 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) ARTICLEARTICLEARTICLEARTICLE 51 51 51 51 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: Surfside Area PlanSurfside Area PlanSurfside Area PlanSurfside Area Plan –––– Surfside South) Surfside South) Surfside South) Surfside South) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use 1 (LUG-1) district: Map Lot Number Street 79 27 62 Lovers Lane 79 77 52 Pochick Avenue 79 128 54 Pochick Avenue 79 163 58 Pochick Avenue 79 162 60 Pochick Avenue 79 179 64 Pochick Avenue 79 178 64 Pochick Avenue 79 177 66 Pochick Avenue 79 176 21 Irving Street 79 175 Irving Street 79 156 68 Pochick Avenue 79 155 70 Pochick Avenue 79 154 72 Pochick Avenue Page 31 2010 Annual Town Meeting and Election Warrant 79 118 27 Okorwaw Avenue 79 76 55 Pochick Avenue 79 127 53 Pochick Avenue 79 126 57 Pochick Avenue 79 125 59 Pochick Avenue 79 159 61 Pochick Avenue 79 158 18 Irving Street 79 160 Pochick Avenue 79 122 14 Irving Street 79 124 14 Irving Street 79 123 12 Irving Street 79 73 12 Irving Street 79 157 17 Irving Street 79 120 67 Pochick Avenue 79 121 15 Irving Street 79 72 13 Irving Street 79 119 69 Pochick Avenue 79 70 69R Pochick Avenue 79 71 69 Pochick Avenue 79 15 50 Weweeder Avenue 79 69 71 Pochick Avenue 79 68 75 Pochick Avenue 79 14 54 Weweeder Avenue 79 67 11 Adams Street 80 102 4 Weweeder Avenue 80 102.1 6 Weweeder Avenue 80 37 4 Nobadeer Avenue 80 38 1 Weweeder Avenue 80 219.2 1 Weweeder Avenue 2. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 79 13 Weweeder Avenue 3. By placing the following properties currently located in the Limited Use General 3 (LUG- 3) district in the Residential 20 (R-20) district: Map Lot Number Street Page 32 2010 Annual Town Meeting and Election Warrant 88 59 65 Nobadeer Avenue 88 59.1 65 Nobadeer Avenue 4. By placing the following properties currently located in the Residential 20 (R-20) in the Limited Use General 3 (LUG-3): Map Lot Number Street 88 40 beach 88 41 beach 88 42 beach 88 43 beach 5. By placing the following properties currently located in the Residential 20 (R-20) and the Limited Use General 2 (LUG-2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 87 68 8 Western Avenue 87 67 8 Western Avenue All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 51” dated November 5, 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) ARTICLE ARTICLE ARTICLE ARTICLE 52525252 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: Somerset Road and Somerset Lane)Somerset Road and Somerset Lane)Somerset Road and Somerset Lane)Somerset Road and Somerset Lane) To see if the Town will vote to take the following actions: 1. To amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Residential 40 (R- 40) district: Map Lot Number Street 66 135 91 Somerset Road 66 135.1 89 Somerset Road 66 135.2 43 Somerset Lane #1 66 135.3 37 Somerset Lane 66 135.4 39 Somerset Lane 66 135.5 41 Somerset Lane 66 135.6 35 Somerset Lane Page 33 2010 Annual Town Meeting and Election Warrant 66 135.7 89 Somerset Road #2 2. To amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following properties currently located in the Town Overlay District, in the Country Overlay District: Map Lot Number Street 66 134.1 33 Somerset Lane 66 134.2 31 Somerset Lane 66 134.3 29 Somerset Lane All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 52” dated November 5, 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) ARTICARTICARTICARTICLELELELE 53 53 53 53 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: Monomoy)Monomoy)Monomoy)Monomoy) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 1 (LUG-1) district in the Village Residential (VR) district: Map Lot Number Street 54 138 9 Monomoy Road 54 196 11 Monomoy Road 54 198 13 Monomoy Road 54 200 15 Monomoy Road 54 203 17 Monomoy Road 54 226 2 Sandwich Road 54 227 4 Sandwich Road 54 233 6 Sandwich Road 54 228 12 Chatham Road 54 229 10 Chatham Road 54 230 8 Chatham Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 53” dated November 5, 2009 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. Page 34 2010 Annual Town Meeting and Election Warrant (Board of Selectmen for Planning Board) ARTICLE ARTICLE ARTICLE ARTICLE 54545454 (Zoning Change: (Zoning Change: (Zoning Change: (Zoning Change: Intensity Regulations Intensity Regulations Intensity Regulations Intensity Regulations –––– Residential 5 (R Residential 5 (R Residential 5 (R Residential 5 (R----5))5))5))5)) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as by taking the following actions (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): 1. By amending section 16A as follows: A. Except as expressly provided by § 139-33 of this chapter, no structure or building shall be constructed or used, and no lot or parcel of land shall be built upon, improved or used, and no lot shall be changed in size, shape, boundaries or frontage, unless in conformity with the requirements set forth below: Yard Setback District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio LUG-1 40,000 35 10 100 7% LUG-2 80,000 35 15 150 4% LUG-3 120,000 35 20 200 3% R-1 5,000 10 51 50 30% R-5 5,000 10 Side: 10 minimum on one side; 5 thereafter Rear: 5 50 40% R-10 10,000 20 10 75 25% SR-10 10,000 15 5 75 25% SR-20 20,000 30 10 75 12.50% V-R 20,000 30 15 100 10.0% R-20 20,000 30 10 75 12.5% Page 35 2010 Annual Town Meeting and Election Warrant Yard Setback District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio R-40 40,000 30 10 75 10.0% ROH 5,000 None 5 50 50% CDT 3,750 None Side: none Rear: 5 35 75% RC 5,000 None 51 40 50% RC-2 5,000 10 51 40 50% LC 5,000 None 5 40 50% CMI 5,000 None None 50 50% CN 7,500 10 Side: 5 Rear: 10 50 40% CTEC 10,000 10 Side: 5 Rear: 10 50 40% CI 15,000 20 10 75 50% MMD 10 acres 50 50 300 0.5% VN 10,000 10 10 50 30% VTEC 40,000 30 20 100 7% NOTES: See § 139-16C for additional requirements and exceptions for yards See § 139-33E for nonconforming lots 1 For lots abutting two or more street or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line, except in the R-1 and RC-2 Districts, where a minimum ten-foot side yard setback shall be maintained from any other street or way, whether constructed or not. 2. By amending section 16C as follows: Page 36 2010 Annual Town Meeting and Election Warrant C. Additional requirements and Eexceptions for yards. [See § 139-33E(3) below.] (1) The Board of Appeals may grant a special permit to reduce the ten-foot side yard setback in R-5 and the ten-foot side and rear yard setback in R-10, SR-10, R-20 and SR- 20 to five feet. (2) The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. (3) For lots abutting two or more street or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line, except in the R-1 and RC-2 Districts, where a minimum ten-foot side yard setback shall be maintained from any other street or way, whether constructed or not. (4) In the R-5 district only, the ten-foot side yard setback may be reduced to five-feet under one of the following conditions: (a) A five-foot side yard setback may apply to a secondary dwelling or accessory structure that is located within twenty-feet of the rear lot line. (b) Where a common driveway of at least ten-feet in width is provided to allow access to two or more lots. And, further, that non-substantive changes to the numbering of this Bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket. Or to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLEARTICLEARTICLEARTICLE 55 55 55 55 (Zoning Bylaw Amendment: Intensity Regulations (Zoning Bylaw Amendment: Intensity Regulations (Zoning Bylaw Amendment: Intensity Regulations (Zoning Bylaw Amendment: Intensity Regulations ---- Swimming Pools) Swimming Pools) Swimming Pools) Swimming Pools) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 16C, by adding a new subsection (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): (5) In or above ground exterior swimming pools containing 1,000 gallons or more shall be set back a minimum of 20 feet from all lot lines as measured from the inside vertical face of the pool. Page 37 2010 Annual Town Meeting and Election Warrant And, further, that non-substantive changes to the numbering of this Bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket. Or to take any other action related thereto. (Board of Selectmen for Historic District Commission) ARTICLE 56ARTICLE 56ARTICLE 56ARTICLE 56 (Zoning Bylaw Amendment: Secondary Dwelling)(Zoning Bylaw Amendment: Secondary Dwelling)(Zoning Bylaw Amendment: Secondary Dwelling)(Zoning Bylaw Amendment: Secondary Dwelling) To See if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 2, by taking one of the following actions NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): 1. SECONDARY DWELLING – A detached single family dwelling unit or garage apartment located on the same lot as a primary dwelling unit. The ground cover of the secondary dwelling shall be a minimum of 20% less or more than the primary dwelling with a scalar separation between the two of at least 12 feet. The primary and secondary dwelling must be separated by a minimum distance of 10 feet, measured at grade at closest point between the dwellings; excluding retaining walls, window wells, platforms, decks, and steps, chimneys, bulkheads, bay windows, bow windows, roof eaves and overhangs, unenclosed breezeways, air conditioning units, fuel tanks, trash bins, and fences. Relief from the scalar separation requirement may be granted by a special permit issued by the Planning Board subject to a finding that the reduced separation is in harmony with the general purpose and intent of this chapter. A secondary dwelling may only be attached to the primary dwelling by a breezeway as defined in §139-2. Both dwelling units shall be in the same ownership unless one of the two dwelling units is subject to the NHNC. The ownership of a lot by a condominium cooperative housing corporation, land trust, or other common interest ownership entity in which there is a separate beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to constitute “the same legal and beneficial ownership.” The Planning Board shall make a determination regarding the adequacy of access to the lot and structures prior to the issuance of a Building Permit. Planning Board approvals granted after April 8, 1996 shall be valid for a period of two years from the date of plan endorsement. The principal purpose of secondary dwellings is to create housing opportunities through the provision of affordable rental housing for year round residents, including senior citizens, while affording the owner of the primary residence with the opportunity to generate supplemental income. The intent of this provision is also that one of the two dwellings be designated and constructed at such scale and bulk so as to be clearly subordinate in both use and appearance. BREEZEWAY A roofed passageway, open or enclosed, connecting two buildings. For purposes only of §139 7A(3) below. When used to connect a primary dwelling and secondary dwelling, any such Page 38 2010 Annual Town Meeting and Election Warrant breezeway shall be single-story and not a bridge, and with a minimum length of 12 10 feet and a maximum width of eight feet. or 2. SECONDARY DWELLING - A detached single family dwelling unit or garage apartment located on the same lot as a primary dwelling unit. The ground cover of the secondary dwelling shall be a minimum of 20% less or more than the primary dwelling with a scalar separation between the two of at least 12 feet. A secondary dwelling may only be attached to the primary dwelling by a breezeway as defined in §139-2. Both units shall be in the same ownership unless one of the two units is subject to the NHNC. The ownership of a lot by a condominium cooperative housing corporation, land trust, or other common interest ownership entity in which there is separate beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to constitute “the same legal and beneficial ownership”. The Planning Board shall make a determination regarding the adequacy of access to the lot and structures prior to the issuance of a Building Permit. Planning Board approvals granted after April 8, 1996 shall be valid for a period of two years from the date of plan endorsement. The principal purpose of secondary dwellings is to create housing opportunities through the provision of affordable rental housing for year round residents, including senior citizens, while affording the owner of the primary residence with the opportunity to generate supplemental income. The intent of this provision is also that one of the two dwellings be designed and constructed at such scale and bulk so as to be clearly subordinate in both use and appearance. BREEZEWAY A roofed passageway, open or enclosed, connecting two buildings.For purposes only of §139 7A (3) below When used to connect a primary dwelling and secondary dwelling, any such breezeway shall be single-story and not a bridge, and with a minimum length of 12 10 feet and maximum width of eight feet. (Linda F. Williams, et al) ARTICLE 57ARTICLE 57ARTICLE 57ARTICLE 57 (Zoning Bylaw Amendment: Residential Districts/Exceptions)(Zoning Bylaw Amendment: Residential Districts/Exceptions)(Zoning Bylaw Amendment: Residential Districts/Exceptions)(Zoning Bylaw Amendment: Residential Districts/Exceptions) To see if the Town of Nantucket will amend the Nantucket Zoning Bylaw Chapter 139 by inserting the highlighted text as following: 139-8.B.(5)(b)[1] Application for a special permit for MRD shall be accompanied by two plans showing the dimensions and area of lots as they might be established under conventional zoning and under the MRD alternative. The conventional plan will be reviewed and considered concurrent with the MRD application. Any subdivision roads within the conventional plan shall have a forty (40) layout. 139-8.B.(7)c[2] MRD shall conform to the area and open land requirements outlined in the following table: Page 39 2010 Annual Town Meeting and Election Warrant LUGLUGLUGLUG----3333 LUGLUGLUGLUG----2222 LUGLUGLUGLUG----1111 Minimum tract area (acres) *22 *15 *8 Open land required 80% 75% 65% Upland open land required 60% 60% 70% RRRR----2222 RRRR----10101010 RRRR----1, RC, RC1, RC, RC1, RC, RC1, RC, RC----2222 Minimum tract area (acres) 3.7 2 1 Open land required 60% 40% 10% Upland open land required 75% 75% 75% NOTES: *The Planning Board may waive this minimum tract area if it determines that the proposed MRD is more in keeping with the surrounding area, promotes a more efficient use of the land, and is consistent with the general intent of this chapter. 139-8.B.(7)(a) [6] On lots that are partially disturbed, the selection of the open space area will be based on its quality and function as it relates to the purpose and intent of this bylaw. The Planning Board should first consider preserving ecologically important preexisting natural areas when determining the open space area before considering degraded areas that are more suitable for building lots. (Cormac Collier, et al) ARTICLEARTICLEARTICLEARTICLE 58585858 (Zoning Bylaw Amendment: Residential Districts/Permitted Uses)(Zoning Bylaw Amendment: Residential Districts/Permitted Uses)(Zoning Bylaw Amendment: Residential Districts/Permitted Uses)(Zoning Bylaw Amendment: Residential Districts/Permitted Uses) To see if the Town will amend the Nantucket Zoning Bylaw Chapter 139 by inserting the highlighted text as following: 139-8.A.(3) Cluster development shall conform to the area and dimensional requirements outlined in the following table: MMDMMDMMDMMD LUGLUGLUGLUG----3333 LUGLUGLUGLUG----2222 LUGLUGLUGLUG----1111 Minimum tract area (acres) 20 10 10 5 Open land required 90% 80% 75% 65% Upland open land required 60% 60% 60% 70% Minimum lot size (square feet) 20,000 10,000 10,000 10,000 1 house/lot size* NA 9,000 9,000 9,000 Maximum ground cover NA 20% 20% 20% Minimum frontage 20 20 20 20 Front setback 30 15 15 15 Side/rear setback 10 10 10 10 Page 40 2010 Annual Town Meeting and Election Warrant RRRR----2 2 2 2 RRRR----10101010 RRRR----1,ROH, RC, RC1,ROH, RC, RC1,ROH, RC, RC1,ROH, RC, RC----2222 Minimum tract area (acres) 2.5 2 2 Open space required 60% 40% 10% Upland open land required 75% 75% 75% Minimum lot size (square feet) 5,000 4,000 3,500 1 house/lot size* 4,500 3,750 3,200 Maximum ground cover 50% 50% 75% Minimum frontage 20 20 20 Front setback 15 15 10 Side/Rear setback 5 5 5 139.8.A.(3)(e) On lots that are partially disturbed, the selection of the open space area will be based on its quality and function as it relates to the purpose and intent of this bylaw. The Planning Board should first consider preserving ecologically important preexisting natural areas when determining the open space area before considering degraded areas that are more suitable for building lots. 139.8.A.(4)(a) A cluster development shall be entitled to a an increase of 10% above the number of building lots which could otherwise have been created on the parcel under 139-16A of this chapter as demonstrated by the concurrent submission of a dimensional sketch plan showing conventional subdivision, as well as any additional density bonuses which may be permitted under Subsection B(4)(b) and (c) below. Any subdivision roads within the conventional plan shall have a forty (40) layout. (Cormac Collier, et al) ARTICLEARTICLEARTICLEARTICLE 59 59 59 59 (Home Rule Petition: Land Bank Real Estate Conveyance)(Home Rule Petition: Land Bank Real Estate Conveyance)(Home Rule Petition: Land Bank Real Estate Conveyance)(Home Rule Petition: Land Bank Real Estate Conveyance) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts notwithstanding the provisions of any general or special law to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of Page 41 2010 Annual Town Meeting and Election Warrant certain land situated in the Town of Nantucket and described as an approximately 5,000 square foot portion of Town of Nantucket Assessor’s Map 42.3.4, Parcel 2. Section 2. This act shall take effect upon its passage. (Board of Selectmen for Nantucket Islands Land Bank Commission) ARTIARTIARTIARTICLECLECLECLE 60606060 (Home Rule Petition: Community Housing Bank)(Home Rule Petition: Community Housing Bank)(Home Rule Petition: Community Housing Bank)(Home Rule Petition: Community Housing Bank) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT ESTABLISHING A NANTUCKET COMMUNITY HOUSING BANK SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the following meanings: "Community Housing", rental and home ownership housing units for use by those residents of Nantucket earning 150 per cent or less of the median household income for Nantucket county, as calculated and adjusted for household size annually by the federal Department of Housing and Urban Development (HUD); this percentage of median income, should economic conditions warrant a change, can be adjusted by a majority vote of the housing bank commission. "Eligible Applicants", non-profit and for-profit corporations and organizations, individuals, and public entities. "Housing Bank", the Nantucket Community Housing Bank, established by section 2. "Housing Bank Commission", the Nantucket Community Housing Bank Commission, established by section 3. "Legal representative", with respect to any person, shall mean any other person acting under a written power-of-attorney executed by that person, but any affidavit attesting to the true and complete purchase price of real property, submitted to the housing bank commission under section 9, may also be signed on behalf of that person by an attorney admitted to practice in the commonwealth. "Purchaser", the transferee, grantee or recipient of any real property interest. "Purchase price", all consideration paid or transferred by or on behalf of a purchaser to a seller or a seller's nominee, or for the seller's benefit, for the transfer of any real property interest, including, but not limited to, all cash or other property paid or transferred by or on behalf of the Page 42 2010 Annual Town Meeting and Election Warrant purchaser to discharge or reduce any obligation of the seller; the principal amount of all notes or their equivalent, or other deferred payments, given or promised to be given by or on behalf of the purchaser to the seller or the seller's nominee; the outstanding balance of all obligations of the seller which are assumed by the purchaser or to which the real property interest transferred remains subject after the transfer, determined at the time of transfer but excluding real estate taxes or other municipal liens or assessments which are not overdue at the time of the transfer; and the fair market value at the time of transfer of any other consideration or thing of value paid or transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or services paid, transferred or rendered in exchange for the real property interest. "Real property interest", any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property; the interest of a partner or member in a partnership or limited liability company, the interest of a stockholder in a corporation, the interest of a holder of an option to purchase real property, the interest of a buyer or seller under a contract for purchase and sale of real property, and the transferable development rights created under Massachusetts General Laws chapter 183A; but shall not include any interest which is limited to any of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than thirty years; any reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other secured party in any mortgage or security agreement. "Seller", the transferor, grantor or immediate former owner of any real property interest. "Time of transfer", of any real property interest shall mean, the time that the transfer is legally effective between the parties to the transfer, and, with respect to a transfer evidenced by an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder of the appropriate registry district, not later than the time of the recording or filing. SECTION 2. There shall be a Nantucket Community Housing Bank, to be administered by a housing bank commission established by section 3, for the purpose of providing funding for community housing as set forth in section 5. The Housing Bank shall be a body politic and corporate and a public instrumentality, and the exercise of the powers conferred upon the Housing Bank by this act shall be considered to be the performance of an essential governmental function. SECTION 3. (a) The Nantucket Community Housing Bank shall be administered by a housing bank commission consisting of five (5) members who are legal residents of Nantucket, each person to be elected to a three (3) year term, in the same manner as other elected town officials. The Nantucket board of selectmen shall appoint the initial five members to serve from the effective date of this act until the first elections of the regular members at the town's regular or special town election after the effective date of this act. The initial terms, which will be drawn by lot by the initial five appointed members, shall be staggered so that two members are elected each year, and in the third year, one member elected, such elections following the initial election. Page 43 2010 Annual Town Meeting and Election Warrant (b) Vacancies: Should a vacancy occur during the term of any elected town member, the housing bank commission and the board of selectmen shall jointly appoint an interim member to serve until the next scheduled town election. (c) Administration: Members shall serve without compensation. The initial appointed members shall adopt temporary rules and regulations to the extent necessary to conduct business until the regular members are elected. The housing bank commissions shall elect a chairman and a vice chairman from among their regular members and shall elect a secretary and a treasurer who may be the same person, and who need not be members of the housing bank commission. The members of the housing bank commissions shall adopt, after holding a public hearing, rules and regulations for conducting its internal affairs and procedural guidelines for carrying out its responsibilities under this act. (d) Quorum: A quorum for the Nantucket Community Housing Bank Commission shall be three or more members. Decisions of the Housing Bank Commission shall be by majority vote at a meeting where a quorum is present. The Housing Bank Commission may make rules regarding attendance. The Housing Bank Commission shall keep accurate records of its meetings and actions and shall file annual reports that shall be distributed with the annual report of the Town of Nantucket. The Housing Bank Commission shall be classified as a municipal agency for purposes of chapter 268A of the General Laws, and be subject to the open meeting law (chapter 39, sections 23A, 23B and 23C of the General Laws). SECTION 4A. The housing bank commission shall (a) provide funding as has been first approved by an annual or special town meeting of the town of Nantucket, in the form of grants, loans, loan guarantees, lines of credit, interest subsidies, rental assistance or any other means determined to further the goals of the housing bank for eligible community housing activities under section 5, (b) accept gifts of funds to further the purposes of the housing bank; (c) prepare an annual budget, provided however no more than 5% of all funds received by the housing bank during any fiscal year may be spent for administration purposes without approval by an annual or special town meeting of the town of Nantucket, (d) hire staff and obtain professional services that are necessary in order to perform its duties; (e) adopt regulations and procedures that it considers necessary or appropriate, subject to this act, regarding the use and investment of its funds and the keeping of records and accounts; (f) adopt procedures in the form of rules and regulations that it considers necessary or appropriate setting forth its programmatic goals, policies and recommendations to serve as standards for decisions to provide funding for programs under section 5, provided however, such procedures shall not take effect until approved by an annual or special town meeting of the town of Nantucket; and (g) enter into and enforce contracts that it considers necessary to achieve the goals of this legislation. SECTION 4B. The Town of Nantucket may appropriate money to be deposited in the Nantucket Housing Fund as provided in said section 7A. The Town of Nantucket is hereby further authorized to provide funds to repay any notes or bonds of the town issued pursuant to this section and, when authorized by a two thirds vote of town meeting as defined in G.L. Chapter 44. section. 1, to incur debt of the town for such purposes in accordance with the provisions of G. L. Chapter 44, section 7(3). SECTION 4C. The housing bank may issue bonds and notes to further the purposes of the housing bank but only if the issuance of these bonds or notes has been approved by a two thirds majority vote at a Nantucket town meeting. The proceeds of such bonds or notes may Page 44 2010 Annual Town Meeting and Election Warrant be used to pay, in whole or in part, for the purposes set forth in section 4A of this act, reserves for debt service and other expenses, to pay consulting appraisal advisory and legal fees and costs incidental to the issuance and sale of such bonds and notes, to purchase, refund or renew bonds or notes previously issued and to pay an other costs and expenses of the housings bank commission necessary for the accomplishment of its purposes. Bonds or notes issued pursuant to this act shall be authorized by the commission which shall have full power and authority to determine the amount, form, terms, conditions, provisions for payment of interest and all other details thereof and to provide for the sale and issuance at such price and in such manner as the Commission shall determine subject only to any limitation set forth in this Act. Unless the town of Nantucket shall have authorized by two-thirds vote of a town meeting the pledging of the full faith and credit of the town or county of Nantucket to secure an issue of bonds or notes of the housing bank, all bonds or notes issued hereunder shall be payable solely from the fees and other revenues of the housing bank pledged to their payment and shall not be deemed a pledge of the full faith and credit of the Town or County of Nantucket, the Commonwealth of Massachusetts or any political subdivision thereof. The Housing Bank Commission may enter into any agreements, including without limitation a loan agreement and a trust agreement, necessary to effectuate and to secure any bonds or notes issued by the housing bank. Such agreements may pledge or assign, in whole or in part, the revenues and other money held or to be received by the housing bank. Such agreements may contain such provisions for protecting and enforcing the rights, security and remedies of the holders of such bonds or notes, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities and covenants setting forth the duties of, and limitations on, the housing bank in relation to the custody, safeguarding, investment and application of money, the issuance of additional debt obligations, the use of any surplus proceeds of the borrowing, including any investment earnings thereon, and establishment of special funds and reserves. The pledge of any such agreement shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code from the time when the pledge is made; the revenues, money, rights and proceeds so pledged and then held or thereafter acquired or received by the housing bank shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act; and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the town or county, irrespective of whether such parties have notice thereof. No document by which a pledge is created need be filed or recorded except in the records of the housing bank and no filing need be made under the Uniform Commercial Code. The trustee with respect to any such trust agreement entered into pursuant to this section shall be a trust company or a bank having the powers of a trust company within the commonwealth. Any such trust agreement may provide that any money received thereunder may be held, deposited or invested by the trustee, notwithstanding the provisions of section 7A pending the disbursement thereof, in any deposits or investments which are lawful for the funds of savings banks and shall provide that any officer with whom or any bank or trust company with which such money shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof and thereof, subject to such regulation or limitation as this act or such trust agreement may provide. It shall be lawful for any bank or trust company within the Commonwealth to act as depository of the proceeds of bonds or notes, revenues or other money hereunder and to furnish such Page 45 2010 Annual Town Meeting and Election Warrant indemnifying bonds or to pledge such security, if any, as may be required by the Commission. Any trust agreement entered into pursuant to this section may set forth the rights and remedies of the holders of any bonds or notes and of the trustee and may restrict the individual rights of action by any such holders. In addition to the foregoing, any such trust agreement may contain such other provisions as the Commission may deem reasonable and proper. All expenses incurred in carrying out the provisions of such trust agreement may be treated as part of the cost of operation of the housing bank and paid from the revenues or other funds pledged or assigned to the payment of the principal of and the premium, if any, and interest on the bonds or notes or from any other funds available to the housing bank. In addition to other security provided herein or otherwise by law, bonds or notes issued under this section may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued to the housing bank by any bank, trust company or other financial institution, within or without the Commonwealth, and the housing bank may pledge or assign any of its revenues as security for the reimbursement by the housing bank to the issuers of such letters or lines of credit, insurance or credit facilities of any payments made thereunder. SECTION 4D. If at any time any principal or interest is due or about to come due on any bonds or notes of the housing bank to secure which the full faith and credit of the town of Nantucket or Nantucket county shall have been pledged and funds to pay the same are not available, the Commission shall certify to the town treasurer and selectmen of the town or to the county treasurer and county commissioners of the county, as appropriate, the amount required to meet such obligations and the town treasurer or the county treasurer shall thereupon pay over to the housing bank the amount so certified from any funds in the treasury. For the purpose of providing or restoring to the treasury the sums so paid over to the housing bank, the town treasurer, with the approval of the selectmen, is authorized to incur debt outside the town's debt limit and issue notes therefore for a period not exceeding two years and to renew or refund the same from time to time until the town shall have received from the housing bank sufficient funds to repay such notes and the interest thereon in full. Whenever the town or the county shall have been required to pay over any sums of money to the housing bank under this section, the housing bank shall be precluded from issuing any grants or purchasing, constructing or making improvements to land or housing, or issuing any of its bonds or notes for purposes other than repaying the town, until the housing bank shall have repaid the town in full for all sums paid to the housing bank hereunder, including interest on any notes issued for such purpose, unless the town shall have appropriated sufficient funds for such purpose at a town meeting. SECTION 4E. Bonds and notes issued under the provisions of this act are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds and notes are hereby made securities that may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or obligations of the Commonwealth is now or may hereafter be authorized by law. Page 46 2010 Annual Town Meeting and Election Warrant SECTION 4F. Notwithstanding any of the provisions of this act or any recitals in any bonds or notes issued under this act, all such bonds and notes shall be deemed to be investment securities under the Uniform Commercial Code. SECTION 4G. The Housing Bank's revenues and income will be used solely for the furtherance of its public purposes and shall be exempt from taxation. The Housing Bank and all its revenues, income and real and personal property used solely by the Housing Bank in furtherance of its public purposes from the date of acquisition thereof, shall be exempt from taxation and from betterments and special assessments and the Housing Bank shall not be required to pay any tax, excise or assessment to or for the Commonwealth or any of its political subdivisions. Bonds and notes issued by the Housing Bank, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation within the Commonwealth. SECTION 4H. With authorization of an annual or special town meeting of the town of Nantucket as provided for in section 4C of this Act, bonds and notes may be issued under this act without obtaining the consent of any department, division, commission, board, bureau or agency of the town or county of Nantucket, except that the full faith and credit of the town or county of Nantucket shall not be pledged for the payment of such bonds or notes unless such pledge shall have been authorized by a two-thirds vote as provided in this Act, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required therefore by this act. The validity of and security for any bonds and notes issued by the housing bank shall not be affected by the existence or nonexistence of any such consent or other proceedings, conditions or things. SECTION 5. The Nantucket Community Housing Bank shall be a funding agency only, but may acquire by purchase, lease or gift offices for its operation, and may enter into leasebacks, mortgages or other loans for this purpose. Upon receiving applications from eligible applicants in a competitive process which will include public notice of funding availability, and in a form prescribed by the commission, and upon compliance with the provisions of section 4A of this Act, the housing bank will provide funding for eligible community housing activities as defined below, while respecting special Nantucket habitats and rural character. The housing bank shall, wherever possible, give preference to (a) the reuse of existing buildings, and (b) construction of new buildings on previously developed sites. Eligible community housing activities for receipt of funding shall include, but not be limited to, the following: (a) Purchase and rehabilitation of existing structures for rental or home ownership; (b) Construction of rental or home ownership housing and necessary on-site or off site infrastructure, including mixed use development; (c) Purchase of land, and any and all improvements including easements; (d) Down payment assistance, grants and soft second loans; (e) Rental assistance programs; (f) Modernization and capital improvements of existing rental and ownership housing; (g) Creation of apartments and other ancillary housing; (h) Housing counseling, predevelopment costs and technical assistance associated with creating community housing projects and programs; and (i) Mixed -use development projects. Page 47 2010 Annual Town Meeting and Election Warrant SECTION 6. All housing units created by funding from a housing bank under this act shall be deed restricted in perpetuity for use as community housing as defined in section 1 of this act, except in cases when the housing bank commission determines that a deed restriction is not feasible, and except in cases when the housing bank commission makes a finding that such a deed restriction would delay, prevent or otherwise defeat the purpose of developing and making available to the public Community Housing. SECTION 7A. The Housing Bank Commission shall meet its financial obligations by drawing upon a fund to be set up as a revolving or sinking account of the housing bank commission in the treasury of the Town of Nantucket. Deposits into the Nantucket Housing Fund shall include (a) funds appropriated, borrowed or transferred to be deposited into the fund by vote of the county commissioners of Nantucket county or of the town meeting; (b) voluntary contributions of money and other liquid assets to the fund; and (c) revenues from fees imposed upon the transfer of real property interests under section 9 occurring on Nantucket after the effective date of this act as set forth in section 15. Grants or gifts of money or other assets to the housing bank shall be subject to any restrictions or limitations imposed by the grantor or donor. All expenses lawfully incurred by the Housing Bank Commission in carrying out this act shall be evidenced by proper vouchers and shall be paid by the treasurer of the town of Nantucket only upon submission of warrants duly approved by the housing bank commission. The housing bank commission treasurer shall prudently invest available assets of the fund under the regulations and procedures adopted by the housing bank commission under clause (f) of section 4A, and all income from investments shall accrue to the fund. SECTION 7B. The Housing Bank Commission is authorized to enter into one or more agreements with the Nantucket Land Bank Commission established by chapter 669 as amended of the acts and resolves of 1983 by which agreements the housing bank may delegate to the Nantucket Land Bank Commission the administration and management of collection of the fee described in section 9 of this act, including but not limited to the record keeping duties pursuant to section 8 of this act, the receipt of money pursuant to section 9 of this act, the processing of applications for exemptions pursuant to section 11 of this act or processing applications for refunds pursuant to section 10 of this act, the imposition of interest or penalties pursuant to section 12 of this act, and the sending of notices and conduct of hearings pursuant to section 13 of this act, and provide for compensation or reimbursement of costs incurred by such Nantucket Land Bank Commission from funds so collected. SECTION 8. The housing bank commission shall keep a full and accurate account of its actions including a record of when, from or to whom, and on what account money has been paid or received under this act. These records shall be subject to examination by the director of accounts or the director's agent under section 45 of chapter 35 of the General Laws. There shall be an annual audit conducted by a duly recognized accounting firm, and a copy of that audit shall be distributed to the Board of Selectmen of the Town of Nantucket. However, schedules of beneficiaries of trusts, lists of stockholders of corporations, lists of partners, partnership agreements, tax returns, and other materials deemed by the Commission to be private to a particular entity or individual, which are filed with the Commission for the purposes of determining or fixing the amount of fee imposed by this Act for any transfer or for the Page 48 2010 Annual Town Meeting and Election Warrant purpose of determining the existence of any exemption pursuant to this act shall not be public records for the purposes of section 10 of chapter 66 of the General Laws. SECTION 9. There is hereby imposed a fee equal to one per cent of the purchase price upon the transfer of any interest in real property located within the Town of Nantucket. The fee shall be the liability of the seller of the real property interest, and any agreement between the purchaser and the seller or any other person with reference to the allocation of the responsibility for bearing this fee shall not affect the liability of the seller. This fee shall be paid to the Nantucket Community Housing Bank Commission or its designee. Fees shall be accompanied by a copy of the deed or other instrument evidencing the transfer, if any, and an affidavit signed under oath or under the pains and penalties of perjury by the seller or the seller's legal representative, attesting to the true and complete purchase price and the basis, if any, upon which the transfer is claimed to be exempt in whole or in part from the fee imposed. The Housing Bank Commission, or its designee, shall promptly execute and issue a certificate stating that the appropriate fee has been paid or that the transfer is exempt from the fee and stating the basis for the exemption. The register of deeds for Nantucket county, and the assistant recorder for the registry district of Nantucket county, shall not record or register, or receive or accept for recording or registration, any deed, except a mortgage deed, for any real property interest located in Nantucket unless this certificate is attached. Failure to comply with this requirement shall not affect the validity of any instrument. The Housing Bank commission shall deposit all fees received under this section with its treasurer as part of the fund established by section 7A. The fee imposed under this section shall be due at the time of transfer of the real property interest. SECTION 10. At any time within seven days after the issuance of the certificate of payment of the fee imposed by section 9, the seller or the seller's legal representative may return the certificate to the Housing Bank Commission or its designee for cancellation, together with an affidavit signed under oath or under the pains and penalties of perjury that the transfer has not been consummated. After receiving this certificate and affidavit, the housing bank commission shall in due course return the fee to the seller or the seller's legal representative. SECTION 11. The following transfers of real property interests shall be exempt from the fee established by section 9. Except as otherwise provided, the seller shall have the burden of proof that any transfer is exempt under this section and any otherwise exempt transfer shall not be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by Section 9. (-a-) Transfers to the government of the United States , the commonwealth, and any of their instrumentalities, agencies or subdivisions, including but not limited to transfers to the Town of Nantucket, the County of Nantucket, and/or the Nantucket Land Bank Commission established pursuant to chapter 669 of the Acts of 1983 as amended or the Housing Bank established by this Act. (-b-) Transfers which, without additional consideration, confirm, correct, modify or supplement a transfer previously made. (-c-) Transfers made as gifts without consideration. In any proceeds to determine the amount of any fee due hereunder, it shall be presumed that any transfer for consideration of less than fair market value of the real property interests transferred was made as a gift without consideration to the extent of the difference between the fair market value of the real property Page 49 2010 Annual Town Meeting and Election Warrant interests transferred and the amount of consideration claimed by the seller to have been paid or transferred, if the purchaser shall have been at the time of transfer the spouse, the lineal descendant, or the lineal ancestor of the seller, by blood or adoption, and otherwise it shall be presumed that consideration was paid in an amount equal to the fair market value of the real property interests transferred, at the time of transfer. (-d-) Transfer to the trustees of a trust in exchange for a beneficial interest received by the seller in such trust; distributions by the trustees of a trust to the beneficiaries of such trust. (-e-) Transfers by operation of law without actual consideration, including but not limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property interest. (-f-) Transfers made in partition of land and improvements thereto, under chapter two hundred and forty-one of the General Laws. (-g-) Transfers to any charitable organization as defined in clause Third of section five of chapter fifty-nine of the General Laws, or any religious organization, provided that the real property interests so transferred will be held by the charitable or religious organization solely for its public charitable or religious purposes. (-h-) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and transfers of the property subject to a mortgage to the mortgagee in consideration of the forbearance of the mortgagee from foreclosing said mortgage. (-i-) Transfers made to a corporation or partnership or limited liability company at the time of its formation, pursuant to which transfer no gain or loss is recognized under the provisions of section three hundred and fifty-one or seven hundred and twenty-one of the Internal Revenue Code of 1986, as amended; provided, however, that such transfer shall be exempt only in the event that (i) with respect to a corporation, the transferor retains an interest in the newly formed corporation which is equivalent to the interest the transferor held prior to the transfer, or (ii) with respect to a partnership or limited liability company, the transferor retains after such formation rights in capital interests and profit interests within such partnership or limited liability company which are equivalent to the interest the transferor held prior to the transfer. (-j-) Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property received) which is the same fraction of the total property of the transferor corporation as the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives property (including real property interests and other property received) which is the same fraction of the property of the partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the transferee. (-k-) Transfers consisting of the division of marital assets under the provisions of section thirty- four of chapter two hundred and eight of the General Laws or other provisions of law. (-l-) Transfers of property consisting in part of real property interests situated in Nantucket County and in part of other property interests, to the extent that the property transferred consists of property other than real property situated in Nantucket county; provided that the purchaser shall furnish the Commission with such information as it shall require or request in support of the claim of exemption and manner of allocation of the consideration for such transfers. Page 50 2010 Annual Town Meeting and Election Warrant (-m-) The first $2 million of the sale price of any transfer or series of transfers of real property interests in a single parcel. Said exemption may be adjusted for inflation as determined tri- annually by vote of the majority of the Nantucket Community Housing Bank commission. For purposes of this subsection, "inflation" shall mean the increases, if any, in the total of prices paid for real property transfers year to year for real property within the Town of Nantucket. (-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability companies which are publicly traded, which trades are not part of a series of transfers which together constitute a transfer of control of a corporation, trust, partnership or limited liability company. SECTION 11A. To be consistent with the Nantucket Community Housing Bank Act, the Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370 of the Acts of 2002, and by chapter 130 of the Acts of 2006, referred to collectively as the "Land Bank Act") is hereby amended as follows: (a) The definition of "Real property interest" appearing in Section 1 of the Land Bank Act shall be restated in its entirety to the following: "Real property interest", any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property; the interest of a partner or member in a partnership or limited liability company, the interest of a stockholder in a corporation, the interest of a holder of an option to purchase real property, the interest of a buyer or seller under a contract for purchase and sale of real property, and the transferable development rights created under Massachusetts General Laws chapter 183A; but shall not include any interest which is limited to any of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than thirty years; any reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other secured party in any mortgage or security agreement. (b) Section 10A of the Land Bank Act is hereby repealed in its entirety. (c) The following sentence shall be inserted at the end of the preamble to Section 12 of the Land Bank Act: "Any otherwise exempt transfer shall not be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by Section 10." (d) Section 12 (-i-) of the Land Bank Act shall be amended by deleting the portion thereof commencing with "provided, however, that such . . ." through the end of subsection (-i-), and the following shall be inserted in lieu thereof: provided, however, that such transfer shall be exempt only in the event that (i) with respect to a corporation, the transferor retains an interest in the newly formed corporation which is equivalent to the interest the transferor held prior to the transfer, or (ii) with respect to a partnership or limited liability company, the transferor retains after such formation rights in capital interests and profit interests within such partnership or limited liability company which are equivalent to the interest the transferor held prior to the transfer. (e) Section 12 (-j-) of the Land Bank Act shall be entirely restated as follows: Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited Page 51 2010 Annual Town Meeting and Election Warrant liability company in dissolution or partial dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property received) which is the same fraction of the total property of the transferor corporation as the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives property (including real property interests and other property received) which is the same fraction of the property of the partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the transferee. (f) Delete from Section 12 (-m-) of the Land Bank Act the words "The first" from the beginning of the subsection, and capitalize the word "an", which becomes the first word of the subsection. (g) Add new subsection (-n-) to Section 12 of the Land Bank Act, as follows: (-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability companies which are publicly traded, which trades are not part of a series of transfers which together constitute a transfer of control of a corporation, trust, partnership or limited liability company. (h) Add new subsection (-d-) to Section 14 of the Land Bank Act, as follows: (-d-) If the Commission has determined that a fee is due by asserting the application of the evasion of fee doctrine described in Section 12 of this Act, then the transferee shall have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the transfer, or series of transfers, possessed both: (i) a valid, good faith business purpose other than avoidance of the fee set forth in Section 10 of this Act and (ii) economic substance apart from the asserted fee avoidance benefit. In all such cases the transferee shall also have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the asserted non-fee-avoidance business purpose is commensurate with the amount of the fee pursuant to Section 10 to be thereby avoided. SECTION 12. A seller who fails to pay all or any portion of the fee established by section 9 on or before the time when the fee is due shall be liable for the following additional payments in addition to the fee: (a) Interest. The seller shall pay interest on the unpaid amount of the fee to be calculated from the time of transfer at a rate equal to prime rate at the time of transfer plus 1 per cent per annum, adjusted each year in accordance with changes in prime rate. (b) Penalties. Any person who, without fraud or willful intent to defeat or evade a fee imposed by section 9, fails to pay all or a portion of the fee within 30 days after the time of transfer, shall pay a penalty equal to five per cent of the outstanding fee as determined by the housing bank commission for each month or portion of a month that the fee is not paid in full, but in no event shall the amount of any penalty imposed under this paragraph exceed 25 per cent of the unpaid fee due at the time of transfer. Whenever the housing bank commission determines that all or a portion of a fee due under section 9 was unpaid due to fraud with intent to defeat or evade the fee, a penalty equal to the amount of the fee as determined by the housing bank commission shall be paid by the seller in addition to the fee. SECTION 13A. (a) The Housing Bank Commission shall notify a seller by registered or certified mail of any failure to discharge in full the amount of the fee due under section 9 and any penalty or interest assessed. The Housing Bank Commission shall grant a hearing on the matter of the imposition of the fee, or of any interest or penalty assessed, if a petition Page 52 2010 Annual Town Meeting and Election Warrant requesting a hearing is received by the Housing Bank Commission within 30 days after the mailing of the notice. If the Commission has determined that a fee is due by asserting the application of the evasion of fee doctrine described in section 11 of this Act, then the seller shall have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the transaction possessed both: (i) a valid, good faith business purposes other than avoidance of the fee set forth in section 9 of this Act and (ii) economic substance apart from the asserted fee avoidance benefit. In all such cases the seller shall also have the burden of demonstrating by clear and convincing evidence as determined by the commission that the asserted non-fee-avoidance business purpose is commensurate with the amount of the fee pursuant to section 9 to be thereby avoided. The Housing Bank Commission shall notify the seller in writing by registered or certified mail of its determination concerning the deficiency, penalty or interest within 15 days after the hearing. Any party aggrieved by a determination of the Housing Bank Commission concerning a deficiency, penalty or interest may, after payment of the deficiency, appeal to the district or superior court within 3 months after the mailing of notification by the Housing Bank Commission. Upon the failure to timely petition for a hearing, or appeal to the court, within the time limits established in this paragraph, the seller shall be bound by the terms of the notification, assessment or determination, and shall be barred from contesting the fee or any interest and penalty, as determined by the Housing Bank Commission. All decisions of these courts shall be subject to appeal. Every notice to be given under this section by the Housing Bank Commission shall be effective if mailed by certified or registered mail to the seller at any available legal address of the seller, or at the address stated in a recorded or registered instrument by virtue of which the seller holds any real property interest, the transfer of which gives rise to the fee which is the subject of the notice; and, if no address is stated or if the transfer is not evidenced by an instrument recorded or registered in the public records of Nantucket County, the notice shall be effective when mailed to the seller in care of any person appearing of record to have had a fee interest in the land at the time of the transfer, at the address of that person as set forth in an instrument recorded or registered in Nantucket County. (b) All fees, penalties and interest required to be paid under this act shall constitute a personal debt of the seller and may be recovered in an action of contract or in any other appropriate action, suit or proceeding brought by the housing bank commission subject to chapter 260 of the General Laws. (c) Sellers applying for an exemption under subsections (a) through (n) of section eleven shall be required at the time of application for exemption to execute an agreement legally binding on sellers and separately legally binding upon any Legal Representative of the sellers (1) assuming complete liability for any fee, plus interest and penalties if any, waived on account of an allowed exemption subsequently determined to have been invalid, and (2) submitting to the jurisdiction of the trial court of the commonwealth sitting in Nantucket County. Fees, plus interest and penalties if any, shall be calculated as of the date of the initial property transfer. Execution of the above-described agreement shall not be required of any mortgagee, pledge, purchaser or judgment creditor unless notice of the agreement has been recorded or filed by the Housing Bank Commission. The Housing Bank Commission, without waiving any of its rights, may direct a civil action to be filed in the appropriate district or superior court division of the department of the trial court sitting in the Nantucket county to enforce the agreement of the housing bank commission under this section with respect to this liability or to subject any property of the delinquent seller, or in which the delinquent seller has any legal or beneficial right, title or interest, to the payment Page 53 2010 Annual Town Meeting and Election Warrant of this liability. The Housing Bank Commission may issue a waiver or release of any agreement imposed by this section. Such waiver or release shall be conclusive evidence that the agreement is extinguished. SECTION 13B. This act, being necessary for the welfare of the town and county of Nantucket and its inhabitants, shall be liberally construed to effect its purposes. SECTION 14. Any time after five years from the effective date of this act, the town may dissolve the housing bank by vote of the majority of the town members at town meeting, but the fee imposed by section 9 shall continue to be imposed until all funding commitments, including repayment of any bonds or notes, have been paid in full, and the Nantucket housing bank shall continue in existence during this time for the sole purpose of collecting and administering these fees. Upon dissolution of the Nantucket housing bank, title to all funds and other properties held by the housing bank shall vest in the town of Nantucket after provision is made for payment of all bonds, notes and other obligations of the housing bank. The Nantucket housing bank commission shall not submit an amendment of this act to the general court unless the amendment has been approved by the affirmative vote of a majority of the voters at a town meeting. SECTION 15. Acceptance of this act shall be by the affirmative vote of a majority of the voters at any regular or special town election, or a state election, at which the question of acceptance has been placed on the ballot. This act shall become effective on the date on which acceptance by the town has been effected. Or, to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 22 of the October 23, 2006 Special Town Meeting, Article 82 of the 2008 Annual Town Meeting and Article 62 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. ARTICLEARTICLEARTICLEARTICLE 61616161 (Home Rule Petition: Nantucket Islands Land Bank Act Amendment)(Home Rule Petition: Nantucket Islands Land Bank Act Amendment)(Home Rule Petition: Nantucket Islands Land Bank Act Amendment)(Home Rule Petition: Nantucket Islands Land Bank Act Amendment) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO FURTHER CLARIFY THE NANTUCKET ISLANDS LAND BANK ACT REGARDING REAL PROPERTY INTERESTS SUBJECT TO THE LAND BANK ACT'S TRANSFER FEE Page 54 2010 Annual Town Meeting and Election Warrant SECTION 1. The Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370 of the Acts of 2002, and by chapter 130 of the Acts of 2006, referred to collectively as the "Land Bank Act") is hereby amended as follows: (a) The definition of "Real property interest" appearing in Section 1 of the Land Bank Act shall be restated in its entirety to the following: "Real property interest", any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property; the interest of a partner or member in a partnership or limited liability company, the interest of a stockholder in a corporation, the interest of a holder of an option to purchase real property, the interest of a buyer or seller under a contract for purchase and sale of real property, and the transferable development rights created under Massachusetts General Laws chapter 183A; but shall not include any interest which is limited to any of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than thirty years; any reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other secured party in any mortgage or security agreement. (b) Section 10A of the Land Bank Act is hereby repealed in its entirety. (c) The following sentence shall be inserted at the end of the preamble to Section 12 of the Land Bank Act: "Any otherwise exempt transfer shall not be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by Section 10." (d) Section 12 (-i-) of the Land Bank Act shall be amended by deleting the portion thereof commencing with "provided, however, that such . . ." through the end of subsection (-i-), and the following shall be inserted in lieu thereof: provided, however, that such transfer shall be exempt only in the event that (i) with respect to a corporation, the transferor retains an interest in the newly formed corporation which is equivalent to the interest the transferor held prior to the transfer, or (ii) with respect to a partnership or limited liability company, the transferor retains after such formation rights in capital interests and profit interests within such partnership or limited liability company which are equivalent to the interest the transferor held prior to the transfer. (e) Section 12 (-j-) of the Land Bank Act shall be entirely restated as follows: Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property received) Page 55 2010 Annual Town Meeting and Election Warrant which is the same fraction of the total property of the transferor corporation as the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives property (including real property interests and other property received) which is the same fraction of the property of the partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the transferee. (f) Delete from Section 12 (-m-) of the Land Bank Act the words "The first" from the beginning of the subsection, and capitalize the word "an", which becomes the first word of the subsection. (g) Add new subsection (-n-) to Section 12 of the Land Bank Act, as follows: (-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability companies which are publicly traded, which trades are not part of a series of transfers which together constitute a transfer of control of a corporation, trust, partnership or limited liability company. (h) Add new subsection (-d-) to Section 14 of the Land Bank Act, as follows: (-d-) If the Commission has determined that a fee is due by asserting the application of the evasion of fee doctrine described in Section 12 of this Act, then the transferee shall have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the transfer, or series of transfers, possessed both: (i) a valid, good faith business purpose other than avoidance of the fee set forth in Section 10 of this Act and (ii) economic substance apart from the asserted fee avoidance benefit. In all such cases the transferee shall also have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the asserted non-fee-avoidance business purpose is commensurate with the amount of the fee pursuant to Section 10 to be thereby avoided. Or, to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 61 of the 2007 Annual Town Meeting, Article 86 of the 2008 Annual Town Meeting and Article 63 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. ARTICLARTICLARTICLARTICLE E E E 62626262 (Home Rule Petition:(Home Rule Petition:(Home Rule Petition:(Home Rule Petition: Harbor and Shellfish Advisory Board) Harbor and Shellfish Advisory Board) Harbor and Shellfish Advisory Board) Harbor and Shellfish Advisory Board) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto. Page 56 2010 Annual Town Meeting and Election Warrant AN ACT EXEMPTING THE HARBOR AND SHELLFISH ADVISORY BOARD MEMBERSHIP FROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSING Section 1. The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a Harbor and Shellfish Advisory Board in the Town of Nantucket”) as amended by Chapter 270 of the Acts of 1979 (“An Act Providing for the Filling of Vacancies on the Harbor and Shellfish Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new sentence at the end of the existing text: “It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory Board to provide an advisory role for commercial fishermen and those who make a living from the sea, to the Nantucket Board of Selectmen, therefore to encourage such persons to participate in this publicly elected advisory board, the members of the Board shall be exempt from subsections (a) and (c) of section 17 of chapter 268A of the General Laws and from section 19(a) when participating in the particular matter of providing advice and recommendations to the Board of Selectmen regarding shellfish fishing, harvesting, licensing and fishery standards.” Section 2. This act shall take effect upon its passage. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 66 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. ARTICLEARTICLEARTICLEARTICLE 63 63 63 63 (Home Rule Petition: Ocean Management Planning Process)(Home Rule Petition: Ocean Management Planning Process)(Home Rule Petition: Ocean Management Planning Process)(Home Rule Petition: Ocean Management Planning Process) To see if the Town will vote to petition the General Court to enact special legislation for the town of Nantucket to amend the Nantucket Planning & Economic Development Act as set forth below, that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereto to accomplish the public purposes thereof, as follows: An Act Amending the Responsibilities of the Nantucket Planning & Economic Development Commission SECTION 1. Chapter 561 of the Acts of 1973, as amended by chapter 98 of the Acts of 1981 and by Chapter 458 of the Acts of 1991, is hereby further amended by inserting the following new Sections immediately following the existing text of section 4 as follows: Section 4A. The Commission shall be one of the Commonwealth’s regional planning agencies. Section 4B. Certain developments of regional economic impact as hereinafter defined proposed to be constructed within the limits of the town of Nantucket shall not be constructed within such town without a Development of Regional Economic Impact Permit (“DREIP”) Page 57 2010 Annual Town Meeting and Election Warrant therefore issued by the Nantucket Planning & Economic Development Commission created by chapter 561 of the Acts of 1973 as amended, as a result of a majority vote of the membership thereof. A DREIP shall be in addition to and not a substitute for, nor in any way detract from, any permit, license, approval, or other permission issued by the Town of Nantucket or any other applicable governmental authority. Section 4C. Developments of regional economic impact shall be those large-scale commercial and industrial developments that have the potential to impact the appearance, society and economy of the town of Nantucket that exceed any one of the following minimum thresholds: (a) 30,000 gross square feet of interior space in a single building or on a single lot for retail, manufacturing, or industrial use; (b) 40,000 square feet of exterior storage, exterior industrial use; (c) Alterations to more than 5 acres of shore, beach, seacoast, pond, marsh, dune, woodland, wetland, endangered species habitat, aquifer, or other resource area for commercial or industrial use; or (d) Any commercial or industrial use that requires more than 100 parking spaces as determined by the zoning bylaw of the Town of Nantucket. Section 4D. The Commission shall by majority vote adopt rules and regulations for the issuance of a DREIP after a public hearing, with a minimum of fourteen days prior notice to the Town of Nantucket Board of Selectmen of the time and place of such hearing; provided however, such rules and regulations shall not take effect except upon an affirmative vote of the Town of Nantucket at a duly scheduled Town Meeting. Such rules and regulations shall include specific time lines for action by the Commission (including without limitation that the Commission shall file a written decision with the Town Clerk within 180 days of the Commission’s receipt of a complete application for the issuance of a DREIP), and standards and criteria to assess visual and environmental impacts, employment characteristics and requirements for municipal or regional services including solid waste disposal, water, sewer, tourist services and facilities, transportation and education. Such rules and regulations shall provide that the Commission shall issue a DREIP upon making the following findings: (a) The probable benefit of the proposed project will exceed the probable detriment; (b) The proposed project is in compliance with any master plan adopted by the community pursuant to Chapter 41-81D of the general laws of the Commonwealth, or other authority; and (c) There are no practical, feasible or practicable options or alternatives that might otherwise be employed due to unique physical, social or economic conditions related to Nantucket’s island location. SECTION 2. This Act shall take effect upon passage. Or, to take any other action as related thereto. (Board of Selectmen for Nantucket Planning and Economic Development Commission) NOTE: The above home rule petition was approved as Article 67 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. Page 58 2010 Annual Town Meeting and Election Warrant ARTICLEARTICLEARTICLEARTICLE 64 64 64 64 (Home Rule Petition: Separate Board of Health)(Home Rule Petition: Separate Board of Health)(Home Rule Petition: Separate Board of Health)(Home Rule Petition: Separate Board of Health) To see if the Town will vote to petition the General Court to enact a special act of the Town of Nantucket to establish an appointed separate Board of Health for the Town, the text of which act is set forth below, and that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereof to accomplish the public purposes thereof, as follows: An Act Establishing an Appointed Board of Health for the Town of Nantucket Section 1. Notwithstanding any law to the contrary, there is hereby established for the Town of Nantucket a five member Board of Health separate from any other board or commission of the town, having all the powers, duties and responsibilities granted to Boards of Health pursuant to the general laws of the Commonwealth. Section 2. Three of the five members of the Board established by section 1 of this Act shall be, to the extent coming forward ready willing and able or otherwise available to serve, health care professionals or environmental professionals. To the extent that such health care professionals or environmental professionals are not available to serve, then members of the general public of residents of the town may be appointed for these positions. These three members shall be appointed by the Board of Selectmen for three year terms, with the initial appointments after the effective date of this Act to be one member for a three year term, one member for a two year term, and one member for a one year term, thereafter upon expiration of these initial terms, the successors shall each be appointed for three years. Section 3. One of the five members shall be a member of the Board of Selectmen designated by the Board of Selectmen for an initial appointment to a one year term and thereafter each successor member of the Board of Selectmen for one year terms. Section 4. One of the five members shall be appointed by the Board of Selectmen from among the general public consisting of the residents of the town, for a term of three years. Section 5. Any vacancy arising on the Board of Health created by this Act shall be filled in the same manner as the appointments thereto described in sections 2, 3, and 4 of this Act. Section 6. Except as otherwise provided by this Act, the Charter of the Town of Nantucket (Chapter 289 of the Acts of 1996, as the same may have been amended pursuant to the terms thereof) shall otherwise apply to the Board of Health created by this Act. Section 7. This act shall take effect on passage. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 56 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. Page 59 2010 Annual Town Meeting and Election Warrant ARTICLE 65ARTICLE 65ARTICLE 65ARTICLE 65 (Home Rule Petit(Home Rule Petit(Home Rule Petit(Home Rule Petition: Pay for William J. Higgins)ion: Pay for William J. Higgins)ion: Pay for William J. Higgins)ion: Pay for William J. Higgins) To see if the Town will vote to petition the General Court to enact special legislation for the town of Nantucket as set forth below, that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereto to accomplish the public purposes thereof, as follows: An Act Relative to William J. Higgins, An Employee of the Town of Nantucket. Section 1. Notwithstanding any general or special law or rule or regulation to the contrary, the Town of Nantucket, MA is authorized, subject to appropriation, to pay William J. Higgins, an employee of the Town of Nantucket who was granted a military leave of absence to serve in support of Operation Enduring Freedom after September 11, 2001, the amount of $29,539.41. This amount constitutes the regular base salary that William J. Higgins, would have received as a town of Nantucket employee during his military leave reduced by the amount he received from the United States as base pay for military service performed during the same pay period. Section 2. This act shall take effect upon its passage. (Board of Selectmen for William J. Higgins) NOTE: The above home rule petition was approved as Article 69 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. ARTICLEARTICLEARTICLEARTICLE 66 66 66 66 (Home Rule Petition: (Home Rule Petition: (Home Rule Petition: (Home Rule Petition: Expansion of Room Occupancy Tax to Vacation Rentals) Expansion of Room Occupancy Tax to Vacation Rentals) Expansion of Room Occupancy Tax to Vacation Rentals) Expansion of Room Occupancy Tax to Vacation Rentals) To see if the Town will vote to petition the General Court for enactment of a Home Rule special act and to request the Town’s representatives to the General Court to introduce a Special Act as set forth below, and further to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage, and to take any other action related thereto: AN ACT APPROVING THE APPLICATION BY THE TOWN OF NANTUCKET OF THE LOCAL OPTION ROOM OCCUPANCY EXCISE TO SEASONAL RENTAL PROPERTIES IN THE TOWN OF NANTUCKET Section 1. Notwithstanding the provisions of any general or special law to the contrary, in addition to the authority to impose a local excise tax upon any transfer of occupancy of any room or rooms as may be set forth in and authorized by general law chapter 64G, section 3A or other law, as the same may be amended from time to time, the town of Nantucket shall, commencing on the first day of the fiscal year that begins after the effective date of this Act, be authorized to impose a local excise tax upon the transfer of occupancy of any room in a seasonal rental property or other transient accommodations located within said town by any Page 60 2010 Annual Town Meeting and Election Warrant operator at the rate of up to but not exceeding six (6) percent of the total amount of rent of each such occupancy. Section 2. For the purposes of this chapter, all terms used herein shall, unless the context requires otherwise, have the same meanings as set forth in general law chapter 64G, section 1 and as follows: “Occupancy”, the use or possession, or the right to the use or possession, of any room or rooms in a bed and breakfast establishment, bed and breakfast home, hotel, lodging house, motel, seasonal rental property or other transient accommodation designed and normally used for sleeping and living purposes, or the right to the use or possession of the furnishings or the services and accommodations, including breakfast in a bed and breakfast establishment or bed and breakfast home, accompanying the use and possession of such room or rooms, for a period of ninety consecutive calendar days or less, regardless of whether such use and possession is as a lessee, tenant, guest or licensee. “Seasonal rental property or other transient accommodations” shall mean any bed and breakfast home, as defined by general law chapter 64G, section 1 and any residential or commercial dwelling, dwelling unit or part thereof, unit of a condominium as defined by general law chapter 183A, or time-share as defined by general law chapter 183B, used for the lodging of guests or invitees in exchange for rent. Section 3. No excise shall be imposed upon for the transfer of occupancy of any room in a seasonal rental property or other transient accommodations if the total amount of rent is less than fifteen dollars per day or its equivalent or if the accommodation, other than a bed and breakfast home, is exempt under the provisions of chapter 64G, section 2. Section 4. All operators of seasonal rental property or other transient accommodations shall be responsible for assessing, collecting reporting and paying such local excise tax as set forth in general law chapter 64G, sections 3, 4, 5, 6 and 7A and shall be liable in the same manners as operators in general law chapter 64G, section 7B. Section 5. This act shall take effect upon its passage. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 67 67 67 67 (Home Rule Petition: Conveyance of Land from County to Town)(Home Rule Petition: Conveyance of Land from County to Town)(Home Rule Petition: Conveyance of Land from County to Town)(Home Rule Petition: Conveyance of Land from County to Town) To see if the Town will vote to petition the General Court to enact a special act of the Town of Nantucket the text of which act is set forth below, and that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereof to accomplish the public purposes thereof, as follows: An Act Approving the Conveyance of Property by the County of Nantucket Page 61 2010 Annual Town Meeting and Election Warrant Section 1. The County of Nantucket is hereby authorized to convey a parcel containing 18,400 square feet of land bounded by the easterly sideline of Nonantum Avenue; northerly by the southerly lot line of Assessor Map 88 Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly lot line of Assessor Map 88 Parcels 50 and 51; the eastern sideline of former Harriet Street (f.k.a Prospect Street) and southerly by the northerly lot line of Assessor Map 88 Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Avenue and the Atlantic Ocean and Assessor Map 88 Parcel 48, owned by the County of Nantucket to the Town of Nantucket. Section 2. A majority of the voters at an Annual or Special Town Meeting shall approve acceptance of any and all transfers authorized in Section 1, prior to such conveyance taking effect. Section 3. The provision of Chapter 30B of the General Laws and any rights of first refusal in the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws shall not be applicable to any conveyance authorized hereunder. Section 4. This Act shall take effect upon passage. And, to take any other action as related thereto. (Board of Selectmen) ARTICLE 68ARTICLE 68ARTICLE 68ARTICLE 68 (Home Rule Petition: An Act Regulating the Content and Application of Fertilizer Used in the (Home Rule Petition: An Act Regulating the Content and Application of Fertilizer Used in the (Home Rule Petition: An Act Regulating the Content and Application of Fertilizer Used in the (Home Rule Petition: An Act Regulating the Content and Application of Fertilizer Used in the Town of Nantucket)Town of Nantucket)Town of Nantucket)Town of Nantucket) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT REGULATING THE CONTENT AND APPLICATION OF FERTILIZER USED IN THE TOWN OF NANTUCKET SECTION 1. There is a sound scientific basis to conclude that nitrogen and phosphorus in manufactured fertilizers are contaminants that negatively affect water-bodies when present in excessive amounts, contributing to undesirable algae and aquatic plant growth, known as “eutrophication”. SECTION 2. Excessive amounts of both nitrogen and phosphorus discharged into the Nantucket and Madaket Harbors watershed significantly decrease the habitat value of the estuarine ecosystem, especially for hard clams, bay scallops and other species. SECTION 3. The Nantucket and Madaket Harbors and the surrounding coastal waters are essential components of the recreation and tourism industry in the Town of Nantucket. Page 62 2010 Annual Town Meeting and Election Warrant SECTION 4. Applying slow-release nitrogen to turf maintains healthy turf growth while decreasing contamination to groundwater. SECTION 5. Applying phosphorus to turf only in situations in which a soil test indicates the need to do so is a sound management practice and can decrease the nutrient load to Nantucket and Madaket Harbors and freshwater ponds in the Town of Nantucket. SECTION 6. Turf does not effectively utilize nitrogen and phosphorus during periods when the soil is frozen or grass is dormant, allowing nutrients to run off into Nantucket’s Harbors and ponds in increased amounts. SECTION 7. Heavy precipitation and snowmelt greatly increase the amount of nitrogen and phosphorus that run off into adjacent water-bodies. SECTION 8. It is necessary to regulate in the Town of Nantucket the use of fertilizer that contains phosphorus and high percentages of fast-acting nitrogen in order to improve water quality. SECTION 9. It is imperative that restrictions on the amount of nitrogen and phosphorus discharged into the Nantucket and Madaket Harbors watershed be imposed so as to protect the integrity of Nantucket’s waters and ponds for present and future generations. SECTION 10. Definitions For the purposes of this Act, the following words shall have the following meanings unless the context clearly indicates a different meaning: “Applicator” means any person who applies fertilizer to turf. “Fast-acting nitrogen” means any water-soluble nitrogen that is immediately available to turf upon application. “Fertilize, fertilizing or fertilization” means the act of applying fertilizer to turf. “Fertilizer” means a substance that enriches the soil with elements essential for turf growth, such as nitrogen, phosphorus or other substances. “Impervious surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. “Landscape professional” means a person who, in exchange for money, goods, services or other consideration, applies fertilizer to turf. “Landscaping” means establishment by sod or seeding, renovation, maintenance, fertilization or pest management of turf. Page 63 2010 Annual Town Meeting and Election Warrant “Slow-release, controlled-release, timed-release, slowly available, or water-insoluble nitrogen” means nitrogen in a form that delays its availability for plant uptake and use after application and is not rapidly available to turf. “Soil test” means a technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by University of Massachusetts Cooperative Research Extension. “Turf” means grass-covered soil held together by the roots of the grass, also known as “sod” or “lawn.” "Water-bodies" includes, but is not limited to, streams, including intermittent streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, canals, lagoons, and estuaries within the Town of Nantucket, including all waters defined in Massachusetts General Laws Chapter 131, Section 40 and Town of Nantucket Code Section 136. “Weed and feed” means any product that, in combination with fertilizer, contains weed killer, defoliant, crabgrass preventer, or any other chemical for restricting the growth of plants other than turf. SECTION 11. Prohibited Conduct A. Applicators shall not: 1. apply fertilizer immediately before or during heavy rainfall, such as but not limited to, thunderstorms, hurricanes or north eastern storms or when the soil is saturated due to intense or extended rainfall. 2. apply fertilizer between December 1 and April 1 of any calendar year. 3. apply, spill or deposit fertilizer on any impervious surface and fail to remove the applied, spilled or deposited fertilizer immediately. 4. apply fertilizer closer than twenty five-feet to water-bodies. 5. deposit grass clippings, leaves, or any other vegetative debris into water-bodies, retention and detention areas, drainage ditches or storm water drains, or onto impervious surfaces such as, but not limited to, roadways and sidewalks, except during scheduled clean up programs. SECTION 12. Fertilizer Content and Application Requirements for Applicators A. The following restrictions shall apply to the content of fertilizer to be applied to turf: 1. An applicator shall not apply any fertilizer to turf unless the fertilizer contains a minimum of 70% slow-release nitrogen as the nitrogen additive. Page 64 2010 Annual Town Meeting and Election Warrant 2. An applicator shall not apply fertilizer that contains phosphorus, unless a soil test indicates a phosphorus deficiency. 3. Any fertilizer applied to soil with a demonstrated phosphorus deficiency shall comply with the recommendations of the Northeast Organic Farmers Association Standards for Organic Land Care. B. Fertilizer application shall not exceed the manufacturer’s recommended rate. C. The above-referenced application requirements shall apply without limitation to the application of pesticide and fertilizer mixtures, including but not limited to, “weed and feed” products. SECTION 13. Exemptions A. The following activities shall be exempt from Section 12 of this Act: 1. Application of phosphorus when: a. Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the Northeast Organic Farmers Association Standards for Organic Land Care. b. Re-establishing or repairing turf after substantial damage; 2. Use of reclaimed water for irrigation, provided it is not used within twenty-feet of any water- body. 3. Application of fertilizer for agricultural and horticultural uses, including sod farms. SECTION 14. Severability Clause Should any section, part or provision of this Act be deemed invalid or unconstitutional, such decision shall not affect the validity of the remaining terms of this Act as a whole or any part thereof, other than the section, part or provision held invalid or unconstitutional. Section 15. Effective Date This Act shall take effect on January 1, 2011. (Board of Selectmen for Harbor Plan Implementation Committee) Page 65 2010 Annual Town Meeting and Election Warrant ARTICLEARTICLEARTICLEARTICLE 69 69 69 69 (Home Rule Petition: Nantucket Sewer Act Amendment)(Home Rule Petition: Nantucket Sewer Act Amendment)(Home Rule Petition: Nantucket Sewer Act Amendment)(Home Rule Petition: Nantucket Sewer Act Amendment) To see if the Town will vote to petition the General Court for enactment of a special act for the Town of Nantucket, and to request the Town's representatives in the General Court to introduce legislation seeking a special act set forth below, and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: An Act Amending the Authority of the Town of Nantucket Sewer Commission Section 1. Chapter 396 of the Acts of 2008 ("An Act authorizing the establishment of the Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket") is hereby amended by adding the following new section !A, stating as follows: Section 1A: the Nantucket Sewer Commission described in section 3 of this Act shall be authorized to require that use of and connection to the common sewers, treatment plants, collection systems and other works be mandatory and compulsory upon some portion or all of the owners and occupants of all estates and buildings embraced within the sewer districts established in accordance with this Act at such times as may be determined by said Sewer Commission. Section 2. This Act shall take effect upon passage. Or take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 70 70 70 70 (Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket)(Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket)(Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket)(Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT ESTABLISHING A SEPARATE CEMETERY COMMISSION FOR THE TOWN OF NANTUCKET SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the following meanings: The Board of Cemetery Commissioners of the Town of Nantucket shall consist of five persons appointed by the Board of Selectmen. Two Commissioners shall be appointed for three years, one Commissioner shall be appointed for two years and two Commissioners shall be appointed for one year. Thereafter, the terms shall be appointed for three years. Page 66 2010 Annual Town Meeting and Election Warrant The Cemetery Commission shall meet from time to time and no less than annually, and organize by the choice of its members a Chairman, a Vice Chairman and a Secretary. It shall be the duty of the Secretary to keep a record of the doings, receipts and expenditures of the Cemetery Commission and render a specific report to be filed with the Town Clerk and the Board of Selectmen on or about July 15, to be printed in the Annual Town Report. SECTION 2. Duties of the Cemetery Commission. A. The Cemetery Commission shall have full charge of all of the public cemeteries of the Town, to lay out the same into lots, to execute and deliver deeds therefore, and to erect all necessary signs, fences, buildings and other structures in or about the same, at an expense not to exceed, in any case, the amount of the funds at its disposal. B. The Cemetery Commission shall direct the expenditures of all general cemetery fundsin the cemetery account and of all specific appropriations, unless otherwise ordered by the Town, and the income of all trust funds held by the Town for cemetery purposes, conforming to the directions of the depositor. C. The Cemetery Commission shall keep a complete record of all sales of lots in the public cemeteries of the Town and the deeds thereof, together with the names of the deceased and the location of the graves. True copies of all such deeds, names, and grave locations shall be on file with the Town Clerk. SECTION 3. Authority to make rules and regulations. The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby authorized and empowered to make changes to cemetery rules and regulations not contrary to law with regard to the use of the Town cemeteries, and said rules and regulations shall be on file with the Town Clerk. SECTION 4. This act, being necessary for the welfare of the town and county of Nantucket and its inhabitants, shall be liberally construed to effect its purposes. SECTION 5. This act shall become effective on the date passed by the Legislature, or approved by the Governor. (Catherine Flanagan Stover, Cemetery Commission Workgroup Chair, et al) ARTICLE 71ARTICLE 71ARTICLE 71ARTICLE 71 (Acceptance of Massachusetts Gene(Acceptance of Massachusetts Gene(Acceptance of Massachusetts Gene(Acceptance of Massachusetts General Law: Other Postral Law: Other Postral Law: Other Postral Law: Other Post----employmentemploymentemploymentemployment BenefBenefBenefBenefits Liability Trust Fund)its Liability Trust Fund)its Liability Trust Fund)its Liability Trust Fund) To see if the Town will vote to accept G.L. Ch. 32B, s. 20 the provisions of which read substantially as follows: A city, town, district, county or municipal lighting plant that accepts this section, may establish a separate fund, to be known as an Other Post Employment Benefits Liability Trust Fund, and a funding schedule for the fund. The schedule and any future updates shall be designed, Page 67 2010 Annual Town Meeting and Election Warrant consistent with standards issued by the Governmental Accounting Standards Board, to reduce the unfunded actuarial liability of health care and other post-employment benefits to zero as of an actuarially acceptable period of years and to meet the normal cost of all such future benefits for which the governmental unit is obligated. The schedule and any future updates shall be: (i) developed by an actuary retained by a municipal lighting plant or any other governmental unit and triennially reviewed by the board for a municipal lighting plant or by the chief executive officer of a governmental unit; and (ii) reviewed and approved by the actuary in the public employee retirement administration commission. The board of a municipal lighting plant or the legislative body of any other governmental unit may appropriate amounts recommended by the schedule to be credited to the fund. Any interest or other income generated by the fund shall be added to and become part of the fund. Amounts that a governmental unit receives as a sponsor of a qualified retiree prescription drug plan under 42 U.S.C. 1395w-132 may be added to and become part of the fund. The custodian of the fund shall be: (i) a designee appointed by the board of a municipal lighting plant; or (ii) the treasurer of any other governmental unit. Funds shall be invested and reinvested by the custodian consistent with the prudent investor rule set forth in chapter 203C. This section may be accepted in a city having a Plan D or Plan E charter by vote of the city council; in any other city by vote of the city council and approval of the mayor; in a town by vote of the town at a town meeting; in a district by vote of the governing board; in a municipal lighting plant by vote of the board; and in a county by vote of the county commissioners. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 72 72 72 72 (Real Estate Acquisition: Pine Str(Real Estate Acquisition: Pine Str(Real Estate Acquisition: Pine Str(Real Estate Acquisition: Pine Street, Siasconset)eet, Siasconset)eet, Siasconset)eet, Siasconset) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portions of Pine Street in Siasconset, located between the southeasterly sideline of Low Beach Road and the northwesterly sideline of Town-owned property known as Town Assessor Map 74, Parcel 73, together with any public and private rights of passage, for public ways and/or general municipal purposes; to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 73 73 73 73 (Real Estate Disposition: Pine Street, Siasconset)(Real Estate Disposition: Pine Street, Siasconset)(Real Estate Disposition: Pine Street, Siasconset)(Real Estate Disposition: Pine Street, Siasconset) To see if the Town will vote to authorize the Board of Selectmen to convey sell or otherwise dispose of the fee or lesser interests in all or any portions of land formerly known as Pine Street in Siasconset, located between the southeasterly sideline of Low Beach Road and Page 68 2010 Annual Town Meeting and Election Warrant the northwesterly sideline of Town-owned property known as Town Assessor Map 74, Parcel 73, subject to Massachusetts General Law c. 30B and guidelines established under the “Nantucket Yard Sales” program; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 74 74 74 74 (Real Estate Acquisition: Connections to Siasconset Bluffwalk)(Real Estate Acquisition: Connections to Siasconset Bluffwalk)(Real Estate Acquisition: Connections to Siasconset Bluffwalk)(Real Estate Acquisition: Connections to Siasconset Bluffwalk) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portions of those certain rights of way identified below, together with any public and private rights of passage, for public ways and/or general municipal purposes: (I) Six ways in Siasconset located between the easterly sideline of Baxter Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9 as follows: • Rosaly Lane; • Callender Lane; • Frazer Lane; • Ballantine Lane; • Wilson Lane; and • Anne’s Lane (sometimes also known as Ann’s Lane); and (II) Three unnamed ways in Siasconset located between the easterly sideline of Baxter Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9 as follows: • Unnamed way located on and between the property at 73 Baxter Road known as Town Assessor Map 49, Parcel 27 and the property at 71 Baxter Road known as Town Assessor Map 49, Parcel 26.1; • Unnamed way located on and between the property at 67 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 23; • Unnamed way located on and between the property at 63 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 21; and (III) Nosegay Lane between the westerly sideline of Sankaty Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9; and (IV) One unnamed way in Siasconset located between the easterly sideline of Baxter Road and the easterly sideline of a footpath known as Siasconset “Bluffwalk” located on and/or between the property at 55 Baxter Road known as Town Assessor Map 49, Parcel 18 and the property at 53 Baxter Road known as Town Assessor Map 49, Parcel 17; to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and to take any other actions related thereto. Page 69 2010 Annual Town Meeting and Election Warrant (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 75 75 75 75 (Real Estate Conveyances: Siasconset Bluffwalk)(Real Estate Conveyances: Siasconset Bluffwalk)(Real Estate Conveyances: Siasconset Bluffwalk)(Real Estate Conveyances: Siasconset Bluffwalk) To see if the Town will vote to authorize the Board of Selectmen to convey sell or otherwise dispose of the fee or lesser interests in all or any portions of land described below, subject to Massachusetts General Law, c. 30B and guidelines established under the “Nantucket Yard Sales” program: (I) Six ways in Siasconset located easterly of the easterly sideline of Baxter Road to the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9 as follows: • Rosaly Lane; • Callender Lane; • Frazer Lane; • Ballantine Lane; • Wilson Lane; and • Anne’s Lane (sometimes known as Ann’s Lane); and (II) Three unnamed ways in Siasconset located between the easterly sideline of Baxter Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9 as follows: • Unnamed way located on and between the property at 73 Baxter Road known as Town Assessor Map 49, Parcel 27 and the property at 71 Baxter Road known as Town Assessor Map 49, Parcel 26.1; • Unnamed way located on and between the property at 67 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 23; • Unnamed way located on and between the property at 63 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 21; and (III) Nosegay Lane between the westerly sideline of Sankaty Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9; and (IV) One unnamed way in Siasconset located between the easterly sideline of Baxter Road and the easterly sideline of a footpath known as Siasconset “Bluffwalk” located on and/or between the property at 55 Baxter Road known as Town Assessor Map 49, Parcel 18 and the property at 53 Baxter Road known as Town Assessor Map 49, Parcel 17; and to take any other actions related thereto. (Board of Selectmen) Page 70 2010 Annual Town Meeting and Election Warrant ARTICLE 76ARTICLE 76ARTICLE 76ARTICLE 76 (Real Estate Acquisition: (Real Estate Acquisition: (Real Estate Acquisition: (Real Estate Acquisition: “Paper” Streets in Surfside) “Paper” Streets in Surfside) “Paper” Streets in Surfside) “Paper” Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portions of twenty (20) unconstructed rights of way in the Surfside area of Nantucket known as Surfside South and identified below, together with any public and private rights of passage, for public ways and/or general municipal purposes: • Waverly, Mount Vernon, Harriet (formerly known as Prospect) and Hawthorne Streets between the northerly sideline of Nobadeer Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Weweeder, Pochick and Pocomo Avenues and Boulevarde); • Central Street between the northerly sideline of Boulevarde and the southerly sideline of Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); • Clifford Street between the northerly sideline of Pochick Avenue to the southerly sideline of Pocomo Avenue; • Irving Street between the northerly sideline of Pochick Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); • Myles Standish (formerly known as Shimmo) and Plum Streets between the northerly sideline of Weweeder Avenue and the southerly sideline of Pochick Avenue; • Masquetuck Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Pochick Avenue (excluding any portion of Nobadeer and Weweeder Avenues); • Holly Street between the northerly sideline of Weweeder Avenue and a line 200 feet south and parallel to the southerly sideline of Pochick Avenue; • Woodbine Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue); • Poplar Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Nobadeer Avenue; • Laurel Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nonantum and Nobadeer Avenues and between the northerly sideline of Masaquet Street and the southerly sideline of Mequash Avenue; • School Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue) and between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash Avenue (excluding any portion of Masaquet Avenue); • Copeland Street between the northerly sideline of Masaquet Street and the southerly sideline of Mequash Avenue; • Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Dunham Street (excluding any portions of Naushon Way (formerly known as Cherry Street) Plum Street, Holly Street, Pequot Street (formerly known as Orange Street), Uncatena Street (formerly known as Wannacomet Street), and Myles Standish Street (formerly known as Shimmo Street); Page 71 2010 Annual Town Meeting and Election Warrant • Mequash Avenue: Between the easterly sideline of Copeland Street and the westerly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Naushon Way (formerly known as Cherry Street); • Pocomo Avenue between the easterly sideline of Assessor Map 79, Parcel 27 to the easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to the easterly sideline of Adams Street; • Adams Street between the northern sideline of Weweeder Avenue and the southerly sideline of Pocomo Avenue (excluding any portion of Pochick Avenue); to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and to take any other actions related thereto. (Board of Selectmen) ARTICLE 77ARTICLE 77ARTICLE 77ARTICLE 77 (Real Estate Conveyances: (Real Estate Conveyances: (Real Estate Conveyances: (Real Estate Conveyances: “Paper” Streets, Surfside) “Paper” Streets, Surfside) “Paper” Streets, Surfside) “Paper” Streets, Surfside) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portions of land in the Surfside area of Nantucket known as Surfside South and identified below, subject to Massachusetts General Law c. 30B and guidelines established under the “Nantucket Yard Sales” program: • Waverly, Mount Vernon, Harriet (formerly known as Prospect) and Hawthorne Streets between the northerly sideline of Nobadeer Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Weweeder, Pochick and Pocomo Avenues and Boulevarde); • Central Street between the northerly sideline of Boulevarde and the southerly sideline of Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); • Clifford Street between the northerly sideline of Pochick Avenue to the southerly sideline of Pocomo Avenue; • Irving Street between the northerly sideline of Pochick Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); • Myles Standish (formerly known as Shimmo) and Plum Streets between the northerly sideline of Weweeder Avenue and the southerly sideline of Pochick Avenue; • Masquetuck Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Pochick Avenue (excluding any portion of Nobadeer and Weweeder Avenues); • Holly Street between the northerly sideline of Weweeder Avenue and a line 200 feet south and parallel to the southerly sideline of Pochick Avenue; • Woodbine Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue); • Poplar Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Nobadeer Avenue; Page 72 2010 Annual Town Meeting and Election Warrant • Laurel Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nonantum and Nobadeer Avenues and between the northerly sideline of Masaquet Street and the southerly sideline of Mequash Avenue; • School Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue) and between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash Avenue (excluding any portion of Masaquet Avenue); • Copeland Street between the northerly sideline of Masaquet Street and the southerly sideline of Mequash Avenue; • Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Dunham Street (excluding any portions of Naushon Way (formerly known as Cherry Street) Plum Street, Holly Street, Pequot Street (formerly known as Orange Street), Uncatena Street (formerly known as Wannacomet Street), and Myles Standish Street (formerly known as Shimmo Street); • Mequash Avenue: Between the easterly sideline of Copeland Street and the westerly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Naushon Way (formerly known as Cherry Street); • Pocomo Avenue between the easterly sideline of Assessor Map 79, Parcel 27 to the easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to the easterly sideline of Adams Street; • Adams Street between the northern sideline of Weweeder Avenue and the southerly sideline of Pocomo Avenue (excluding any portion of Pochick Avenue); and to take any other action related thereto. (Board of Selectmen) AAAARTICLE 78RTICLE 78RTICLE 78RTICLE 78 (Real Estate Acquisition: (Real Estate Acquisition: (Real Estate Acquisition: (Real Estate Acquisition: Paper Streets in Surfside) Paper Streets in Surfside) Paper Streets in Surfside) Paper Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of seven (7) unconstructed rights of way in the Surfside area of Nantucket known as Surfside West and identified below, together with any public and private rights of passage, for public ways and/or general municipal purposes: • Washington, Sumner, and Jackson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Monohansett Road (excluding any portion of Okorwaw Avenue); • Webster and Wilson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Chappomis Avenue; • Pocomo Avenue between the easterly sideline of Monohansett Road and the northwesterly sideline of land of the Nantucket Memorial Airport; and Page 73 2010 Annual Town Meeting and Election Warrant • Chappomis Avenue between the southerly sideline of Monohansett Road and the easterly sideline of Webster Street and from the westerly sideline of Wilson Street and the northwesterly sideline of land of the Nantucket Memorial Airport; and to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 79 79 79 79 (Real Estate Conveyances: Paper Streets, Surfside)(Real Estate Conveyances: Paper Streets, Surfside)(Real Estate Conveyances: Paper Streets, Surfside)(Real Estate Conveyances: Paper Streets, Surfside) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interest in all or any portions of land in the Surfside area of Nantucket known as Surfside West and identified below, subject to Massachusetts General Law c. 30B and guidelines established under the ”Nantucket Yard Sales” program: • Washington, Sumner, and Jackson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Monohansett Road (excluding any portion of Okorwaw Avenue); • Webster and Wilson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Chappomis Avenue; • Pocomo Avenue between the easterly sideline of Monohansett Road and the northwesterly sideline of land of the Nantucket Memorial Airport; and • Chappomis Avenue between the southerly sideline of Monohansett Road and the easterly sideline of Webster Street and from the westerly sideline of Wilson Street and the northwesterly sideline of land of the Nantucket Memorial Airport; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 80 80 80 80 (Real Estate Acquisition: Various Parcels, Cisco)(Real Estate Acquisition: Various Parcels, Cisco)(Real Estate Acquisition: Various Parcels, Cisco)(Real Estate Acquisition: Various Parcels, Cisco) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of three (3) parcels of land in Cisco, known as Assessor Map 82, Parcels 332, 335, and 369 for general municipal purposes; to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and to take any other action related thereto. (Board of Selectmen) Page 74 2010 Annual Town Meeting and Election Warrant ARTICLE ARTICLE ARTICLE ARTICLE 81818181 (Real Estate Conveyances: Various Parcels(Real Estate Conveyances: Various Parcels(Real Estate Conveyances: Various Parcels(Real Estate Conveyances: Various Parcels) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portions of six (6) parcels of land known as: Assessor Map 80, Parcel 140.1; Assessor Map 82, Parcels 332, 335 and 369l; Assessor Map 88, Parcel 19; and a parcel of land, formerly part of a County roadway known as Milestone Road at its intersection with Polpis Road transferred to the Town by Chapter 138 of the Acts of 2008; subject to Massachusetts General Law c. 30B and guidelines established under the “Nantucket Yard Sales” program; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 82 82 82 82 (Real Estate Disposition: West Dover Street)(Real Estate Disposition: West Dover Street)(Real Estate Disposition: West Dover Street)(Real Estate Disposition: West Dover Street) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the Town-owned property known as Assessors Map 55.4.1, Parcel 188 subject to G.L. c.30B, for the purpose of providing affordable housing to low and moderate income households subject to restrictions and reversions to assure conformance with such purposes, or any other lawful purpose; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 83 83 83 83 (Real Estate Conveyances: Miller Way; former Nonantum Avenue(Real Estate Conveyances: Miller Way; former Nonantum Avenue(Real Estate Conveyances: Miller Way; former Nonantum Avenue(Real Estate Conveyances: Miller Way; former Nonantum Avenue parcel parcel parcel parcel and West Tristram Avenue)and West Tristram Avenue)and West Tristram Avenue)and West Tristram Avenue) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, grant or otherwise transfer the fee title, conservation restriction or other lesser interests in all or any portions of the following parcels of land to the Nantucket Islands Land Bank or a governmental body or non-profit entity, whose purpose includes the conservation of open space, for conservation, open space or recreational purposes, subject to G.L. c. 30B: Lot B shown on a plan filed at the Nantucket Registry of Deeds as Plan No. 2008-61, containing approximately 73,265 square feet (1.68 acres) of land being a portion of Lot B2 on Certificate of Title Number 3279, sometimes known as Miller Lane; Lot X1 containing approximately 14,197 square feet of land on that certain plan containing five (5) sheets and entitled “Phase I Disposition Plan in Nantucket, Mass. of Tristram Avenue, Alliance Lane, Proprietors Road, Assessors Maps 31 & 32,” dated Page 75 2010 Annual Town Meeting and Election Warrant March 2, 2009, prepared by Bracken Engineering, Inc. and filed with the Nantucket County Registry of Deeds as Plan No. 2009-27; A parcel containing approximately 18,400 square feet of land bounded by the easterly sideline of Nonantum Avenue, northerly by the southerly lot line of Assessor Map 88, Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly lot line of Assessor Map 88, Parcels 50 and 51, the eastern sideline of former Harriet Street (f.k.a Prospect Street) and southerly by the northerly lot line of Assessor Map 88, Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Avenue and the Atlantic Ocean and Assessor Map 88, Parcel 48, as shown on the plan on file at the Registry of Deeds as Plan No. 2009-37; and A parcel known as Assessor Map 88, Parcel 47 bounded westerly by the center line of former Clifford Street, northerly by the southerly side line of former Nonantum Avenue, easterly by the center line of former Harriet Street (f.k.a. Prospect Street) and southerly by the Atlantic Ocean containing approximately 59,844 square feet (1.37 acres) and shown as lot 8 on the plan on file at the Nantucket County Registry of Deeds as Plan No. 056-K-1; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 84 84 84 84 (Real Estate Acquisition: Gardner Road)(Real Estate Acquisition: Gardner Road)(Real Estate Acquisition: Gardner Road)(Real Estate Acquisition: Gardner Road) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of the unconstructed right of way in the Shimmo area known as Gardner Road bounded by the northeasterly lot line of Parcels 131, 132, 133, 134, 135 and 90, the southeasterly sideline of North Road, the southwesterly lot line of Parcels 85, 86, and 92, and the northwesterly lot line of Parcel 6; all as shown on Assessor Map 43, together with any public and private rights of passage, for public ways and/or general municipal purposes; to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and, to take any other action as related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 85 85 85 85 (Real Estate Disposition: Gardner Road)(Real Estate Disposition: Gardner Road)(Real Estate Disposition: Gardner Road)(Real Estate Disposition: Gardner Road) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the land in the Shimmo area known as Gardner Road bounded by the northeasterly lot line of Parcels 131, 132, 133, 134, 135 and 90, the southeasterly sideline of North Road, the southwesterly lot line of Parcels 85, 86, and 92, and the northwesterly lot line of Parcel 6; all as shown on Assessor Map 43, subject to G.L. c.30B, for the purpose of providing affordable housing to low and moderate income households, subject to restrictions and reversions as may be appropriate to assure Page 76 2010 Annual Town Meeting and Election Warrant conformance with such purposes, or any other lawful purpose; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 86 86 86 86 (Real Estate Disposition: 42R Sparks Avenue a/k/a Cow Pond (Real Estate Disposition: 42R Sparks Avenue a/k/a Cow Pond (Real Estate Disposition: 42R Sparks Avenue a/k/a Cow Pond (Real Estate Disposition: 42R Sparks Avenue a/k/a Cow Pond LaneLaneLaneLane)))) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any part of that portion of the Town- owned property known as Assessors Map 55, Parcel 603, subject to G.L. c.30B for the purpose of providing affordable housing to low and moderate income households, subject to restrictions and reversions to assure conformance with such purposes, or any other lawful purpose; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 87 87 87 87 (Real Estate Dispositions: Low Beach Road, (Real Estate Dispositions: Low Beach Road, (Real Estate Dispositions: Low Beach Road, (Real Estate Dispositions: Low Beach Road, Monohansett RoadMonohansett RoadMonohansett RoadMonohansett Road,,,, Arkansas AvenueArkansas AvenueArkansas AvenueArkansas Avenue and Nobadeer Avenue and Nobadeer Avenue and Nobadeer Avenue and Nobadeer Avenue)))) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any parts of the following Town-owned properties, subject to G.L. c. 30B: • 24 Low Beach Road known as Assessors Map 74 Parcel 52 • 5 Monohansett Road known as Assessors Map 79 Parcel 150 • 86 Arkansas Avenue known as Assessors Map 59.3 Parcels 143, 144, 191, 192, 193, 194, 198,199, 225 and 226 and the portion of the way known as North Carolina Avenue (not constructed) shown on the plan entitled “2010 Annual Town Meeting Warrant Article 78, Real Estate Disposition, Madaket” and on file with the Town of Nantucket Planning Office; and • 4 Nobadeer Avenue, known as Assessors Map 80, Parcel 37; and, to take any other action related thereto. (Board of Selectmen) ARTICLE 88ARTICLE 88ARTICLE 88ARTICLE 88 (Real Estate Disposition: Long(Real Estate Disposition: Long(Real Estate Disposition: Long(Real Estate Disposition: Long----term Lease Authorization, 2 Fairgrounds Road)term Lease Authorization, 2 Fairgrounds Road)term Lease Authorization, 2 Fairgrounds Road)term Lease Authorization, 2 Fairgrounds Road) To see if the Town will vote to authorize the Board of Selectmen to lease for a lease term not to exceed ninety-nine (99) years all or part of the following Town-owned property located at 2 Fairgrounds Road, described as lot 76 on the plan entitled “Land Court Division Plan of Land in Nantucket, MA.” Dated February 4, 2009 and prepared by Blackwell and Associates, Inc., for housing purposes, subject to Massachusetts G.L. c.30B; and .to take any other action related thereto. Page 77 2010 Annual Town Meeting and Election Warrant (Board of Selectmen) ARTICLE 89ARTICLE 89ARTICLE 89ARTICLE 89 (Real Estate Conveyance: Easements/(Real Estate Conveyance: Easements/(Real Estate Conveyance: Easements/(Real Estate Conveyance: Easements/2 and 2 and 2 and 2 and 4 Fairgrounds Road)4 Fairgrounds Road)4 Fairgrounds Road)4 Fairgrounds Road) To see if the Town will vote to authorize the Board of Selectmen to grant permanent access and utility easements for the purposes of installing, operating and maintaining certain electric distribution and telecommunication lines and equipment for the purposes of transmitting electricity and intelligence, on, over, through and under land owned by the Town situated at 2 and 4 Fairgrounds Road; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 90 90 90 90 (Real (Real (Real (Real Estate Conveyance: Easement/HarborviewEstate Conveyance: Easement/HarborviewEstate Conveyance: Easement/HarborviewEstate Conveyance: Easement/Harborview Way) Way) Way) Way) To see if the Town will vote to authorize the Board of Selectmen to grant to National Grid, its parents or affiliates, permanent access and utility easements for the purpose of installing, operating and maintaining certain electric distribution equipment on, over, through and under land owned by the Town situated on the southerly side of Harborview Way, shown as Parcel 42.4.2 9 on Assessor’s Map 42; and to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 9 9 9 91111 (Real Estate Conveyan(Real Estate Conveyan(Real Estate Conveyan(Real Estate Conveyance: Easement/Airport)ce: Easement/Airport)ce: Easement/Airport)ce: Easement/Airport) To see if the Town will vote to authorize the Airport Commission to convey, grant or otherwise dispose of permanent easements over Town property located off Airport Road, known as Land Court Plan 14342, Lot D-5, and Town Assessor Map 78, Parcel 1 and as shown on the plan entitled “Nantucket Memorial Airport – Electrical Utility Location,” dated 3/11/09 and on file with the Town Clerk, for the purposes of transmitting electricity to such property; and to take any other action related thereto. (Board of Selectmen for Airport Commission) ARTICLEARTICLEARTICLEARTICLE 9 9 9 92222 (Real Estate Conveyance: (Real Estate Conveyance: (Real Estate Conveyance: (Real Estate Conveyance: North Pasture)North Pasture)North Pasture)North Pasture) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, grant or otherwise dispose of a conservation restriction and easement over a portion located at the westerly portion of a certain parcel of land shown on Nantucket Tax Assessor’s Map 78, Parcel 5, located east of the Airport, for the Nantucket Hunting Association’s mitigation as required by the Massachusetts Natural Heritage and Endangered Species Program. Said easement area will consist of a minimum of 18 acres within a 27 acre lease area. All as shown as Lot 3 on a Page 78 2010 Annual Town Meeting and Election Warrant map by Blackwell & Associates Inc dated Sept. 3 2009 with Planning Board file number 7243 and filed herewith at the Office of the Town Clerk; or, to take any other action related thereto. (Steven Holdgate, et al) ARTICLEARTICLEARTICLEARTICLE 9 9 9 93333 (Real Estate Conveyance: South Pasture)(Real Estate Conveyance: South Pasture)(Real Estate Conveyance: South Pasture)(Real Estate Conveyance: South Pasture) To see if the Town will vote to authorize the Board of Selectmen to enter into a long term lease for the purpose of the storage of boats and related maritime equipment and for the purpose of a boat maintenance facility, offices, storage and meeting space to support community based nonprofit sailing programs such as offered by Nantucket Community Sailing, Inc., a nonprofit organization, for a period not to exceed 99 years on a parcel of land not exceeding five acres within certain land known as South Pasture, described as Assessor’s Map 78, parcel 4, and located off Madequecham Valley Road, or take any other action related thereto. (Diane L. Brown, et al) ARTICLEARTICLEARTICLEARTICLE 99994444 (Appropriation: Stabilization Fund)(Appropriation: Stabilization Fund)(Appropriation: Stabilization Fund)(Appropriation: Stabilization Fund) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of the Stabilization Fund in accordance with chapter 40, s. 5B of the General Laws, from which appropriations may be made by a two-thirds vote of an Annual or Special Town Meeting for any purpose for which a municipality may borrow money or for any other lawful purpose; said sum not to exceed ten percent (10%) of the Fiscal Year 2010 tax levy. Or, to take any other action related thereto. (Board of Selectmen) ARTICLEARTICLEARTICLEARTICLE 99995555 (Appropriation: Free Cash)(Appropriation: Free Cash)(Appropriation: Free Cash)(Appropriation: Free Cash) To see what sum the Town will vote to transfer from Free Cash in the treasury to meet the appropriations for the ensuing Fiscal Year and to authorize the Assessors to use in the fixing the tax rate, pass any vote, or take any other action related thereto. (Board of Selectmen) Page 79 2010 Annual Town Meeting and Election Warrant ********************************************************************* To act upon and transact any business relative to the foregoing subjects which may, then and there, come before said meeting. In addition, you are directed to notify and warn the inhabitants of the Town of Nantucket qualified to vote in Town affairs to go to the Nantucket High School at 10 Surfside Road in said Nantucket, on TUESDAY, THE TUESDAY, THE TUESDAY, THE TUESDAY, THE THIRTTHIRTTHIRTTHIRTEENTH DAY OF APRIL, 20EENTH DAY OF APRIL, 20EENTH DAY OF APRIL, 20EENTH DAY OF APRIL, 2010101010 BETWEEN THE HOURS OF 7:00 AM and 8:00 PMBETWEEN THE HOURS OF 7:00 AM and 8:00 PMBETWEEN THE HOURS OF 7:00 AM and 8:00 PMBETWEEN THE HOURS OF 7:00 AM and 8:00 PM for the following purpose: To cast their votes in the Annual Town Election for the election of candidates for the following offices: Moderator One for a term of one year Town Clerk One for a term of three years Selectman Two for terms of three years Historic District Commission Two for terms of three years Historic District Commission Associate One for a term of three years School Committee One for a term of three years Nantucket Housing Authority One for a term of five years Nantucket Islands Land Bank Commission One for a term of five years Planning Board One for a term of five years Nantucket Water Commission One for a term of three years Siasconset Water Commission One for a term of three years Harbor & Shellfish Advisory Board Three for terms of three years And, to cast their vote as “YES” or “NO” on the following ballot question: 1.1.1.1. THIS QUESTION IS NONTHIS QUESTION IS NONTHIS QUESTION IS NONTHIS QUESTION IS NON----BINDINGBINDINGBINDINGBINDING As part of an integrated plan, shall the Town of Nantucket take all necessary actions to reduce human tick-borne diseases, including, but not limited to, pursuing changes to existing hunting regulations in order to significantly increase deer harvesting, as may be approved by the Board of Selectmen? YES _____ NO _____ Page 80 2010 Annual Town Meeting and Election 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 27th day of January in the year Two Thousand Ten. ____________________________________ 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 January 27, 2010, 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 TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET 2020202010101010 Annual Town Meeting Annual Town Meeting Annual Town Meeting Annual Town Meeting Monday, April 5, 2010 6:00 pm Nantucket High School Page i Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 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 (508) (508) (508) (508) 228228228228----7255725572557255 www.nantucketwww.nantucketwww.nantucketwww.nantucket----ma.govma.govma.govma.gov BOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMEN Michael KopkoMichael KopkoMichael KopkoMichael Kopko, Chairman, Chairman, Chairman, Chairman Patricia RoggeveenPatricia RoggeveenPatricia RoggeveenPatricia Roggeveen, V, V, V, Viceiceiceice----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 Peter MorrisonPeter MorrisonPeter MorrisonPeter 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 Barry Barry Barry G. G. G. G. Rector, ChairmanRector, ChairmanRector, ChairmanRector, Chairman Sylvia HowardSylvia HowardSylvia HowardSylvia Howard Nathaniel LowellNathaniel LowellNathaniel LowellNathaniel Lowell John McLaughlinJohn McLaughlinJohn McLaughlinJohn McLaughlin Linda Linda Linda Linda WilliamsWilliamsWilliamsWilliams MODERATORMODERATORMODERATORMODERATOR Sarah F. AlgerSarah F. AlgerSarah F. AlgerSarah F. Alger Cover photo courtesy of Nicole Harnishfeger, Inquirer & Mirror Page ii Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions AMERICANS WITH DISABILITIES ACT NOTICE The Town of Nantucket advises applicants, participants and the public that it does not discriminate on the basis of disability in, admission to, access to, treatment or employment in its programs, services and activities. The Town of Nantucket will provide auxiliary aids and services to access programs upon request. Inquiries, requests and complaints should be directed to the Town 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 DOCUMENT, OF THIS DOCUMENT, OF THIS DOCUMENT, OF THIS DOCUMENT, PLEASE CONTACTPLEASE CONTACTPLEASE CONTACTPLEASE CONTACT THTHTHTHEEEE TOWN TOWN TOWN TOWN MMMMANAGEANAGEANAGEANAGER’S R’S R’S R’S OOOOFFICEFFICEFFICEFFICE AT AT AT AT (508) (508) (508) (508) 228228228228----7255725572557255 Page iii Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET 2020202010101010 ANNUAL TOWN MEETING ANNUAL TOWN MEETING ANNUAL TOWN MEETING ANNUAL TOWN MEETING TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTS Article NumberArticle NumberArticle NumberArticle Number Page Page Page Page NumberNumberNumberNumber 1 Receipt of Reports 1 2 Appropriation: Unpaid Bills 1 3 Appropriation: Prior Year Articles 2 4 Revolving Accounts: Annual Authorization 2 5 Appropriation: Reserve Fund 3 6 Fiscal Year 2010 Budget Transfers 3 7 Personnel Compensation Plans for Fiscal Year 2011 4 8 Appropriation: Fiscal Year 2011 General Fund Operating Budget 7 9 Appropriation: Health and Human Services 9 10 Appropriation: General Fund Capital Expenditures 10 11 Acceptance of MGL to Establish Separate Enterprise Fund for Our Island Home 13 12 Appropriation: Enterprise Funds Operations 13 13 Appropriation: Enterprise Funds Capital Expenditures 14 14 Enterprise Funds: Fiscal Year 2010 Budget Transfers 16 15 Appropriation: FY 2010 Police and Fire Special Detail Fund 16 16 Appropriation: Waterways Improvement Fund 17 17 Appropriation: County Assessment 17 18 Appropriation: Finalizing Fiscal Year 2011 County Budget 17 19 Rescind Unused Borrowing Authority 18 20 Appropriation: Ferry Embarkation Fee 18 21 Appropriation: Collective Bargaining Agreement/Our Island Home 19 22 Appropriation: Collective Bargaining Agreement/Fire 19 23 Appropriation: Collective Bargaining Agreement/Airport 19 24 Appropriation: Collective Bargaining Agreement/Wannacomet Water 20 25 FY 2011 Budget Transfers: Community Preservation Committee/Beaugrand 20 26 Appropriation: Community Preservation Committee/Beaugrand 22 27 Appropriation: Adult Community Day Care/Topham 26 28 Appropriation: Plan for Polpis Bike Path/David 27 29 Parking in the Core District/Mehringer 28 30 Establish Local Procurement Study Committee/Bridier 28 31 Bylaw Amendments: Sewers and Sewer Districts 28 32 Bylaw Amendments: Wharves and Waterways 29 33 Bylaw Amendment: Council for Human Services 31 Page iv Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET 2020202010101010 ANNUAL TOWN MEETING ANNUAL TOWN MEETING ANNUAL TOWN MEETING ANNUAL TOWN MEETING TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTS Article NumberArticle NumberArticle NumberArticle Number Page Page Page Page NumberNumberNumberNumber 34 Bylaw: Nantucket Public Construction Projects/Baker 33 35 Bylaw: Property owned by the Town of Nantucket, Management of/Collier 33 36 Bylaw Amendment: Streets and Sidewalks/David 35 37 Bylaw Amendment: Bicycles and Mopes/Lydon 35 38 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes 36 39 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes/Dale 38 40 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes/Hilts 39 41 Bylaw Amendment: Coastal Properties Owned by the Town, Management of/Stover 40 42 Bylaw Amendment: Swimming Pools, Private 41 43 Zoning Change: Split Zoning District Corrections 41 44 Zoning Change: Eel Point Road 46 45 Zoning Change: Appleton Road 51 46 Zoning Change: Fairgrounds Road, Old South Road 51 47 Zoning Change: West Miacomet Road, Somerset Road 53 48 Zoning Change: Miacomet Golf Club 54 49 Zoning Change: South Pasture 56 50 Zoning Change: Surfside Area Plan – Surfside West 57 51 Zoning Change: Surfside Area Plan – Surfside South 58 52 Zoning Change: Somerset Road, Somerset Lane 63 53 Zoning Change: Monomoy 64 54 Zoning Change: Intensity Regulations – R-5 65 55 Zoning Change: Intensity Regulations – Swimming Pools 71 56 Zoning Change: Secondary Dwelling/Williams 71 57 Zoning Change: Residential Districts - Exceptions/Collier 74 58 Zoning Change: Residential Districts - Permitted Uses/Collier 75 59 Home Rule Petition: Land Bank Real Estate Conveyance 76 60 Home Rule Petition: Community Housing Bank 77 61 Home Rule Petition: Nantucket Islands Land Bank Act Amendment 90 62 Home Rule Petition: Harbor and Shellfish Advisory Board 92 63 Home Rule Petition: Ocean Management Planning Process 93 64 Home Rule Petition: Separate Board of Health 95 65 Home Rule Petition: Pay for William J. Higgins 96 Page v Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKETTOWN OF NANTUCKET 2020202010101010 ANNUAL TOWN MEETING ANNUAL TOWN MEETING ANNUAL TOWN MEETING ANNUAL TOWN MEETING TABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTSTABLE OF CONTENTS Article NumberArticle NumberArticle NumberArticle Number Page Page Page Page NumberNumberNumberNumber 66 Home Rule Petition: Expansion of Room Occupancy Tax to Vacation Rentals 96 67 Home Rule Petition: Conveyance of Land from County to Town 99 68 Home Rule Petition: Fertilizer Regulation in Nantucket 100 69 Home Rule Petition: Nantucket Sewer Act Amendment 104 70 Home Rule Petition: Cemetery Commission 105 71 Acceptance of MGL: Other Post-employment Benefits 107 72 Real Estate: Pine Street/Sconset 108 73 Real Estate: Pine Street/Sconset 108 74 Real Estate: Sconset Bluffwalk Connections 109 75 Real Estate: Sconset Bluffwalk 111 76 Real Estate: “Paper” Streets/Surfside 112 77 Real Estate: “Paper” Streets/Surfside 115 78 Real Estate: “Paper” Streets/Surfside 117 79 Real Estate: “Paper” Streets/Surfside 118 80 Real Estate: Cisco 119 81 Real Estate: Various Parcels 120 82 Real Estate: West Dover Street 120 83 Real Estate: Miller Way, Nonantum Ave, West Tristram Ave 121 84 Real Estate: Gardner Road 122 85 Real Estate: Gardner Road 123 86 Real Estate: 42R Sparks Ave aka Cow Pond Lane 123 87 Real Estate: Low Beach Road, Monohansett Road, Arkansas Ave, Nobadeer Ave 124 88 Real Estate: Long-term Lease Authorization/2 Fairgrounds Road 125 89 Real Estate: Easements/2 and 4 Fairgrounds Road 125 90 Real Estate: Easement/Harborview Way 125 91 Real Estate: Easement/Airport 126 92 Real Estate: North Pasture 126 93 Real Estate: South Pasture 127 94 Appropriation: Stabilization Fund 127 95 Appropriation: Free Cash 128 Page vi Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions NOTE:NOTE:NOTE:NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS PETITION ARTICLES HAVE BEEN PRINTED AS PETITION ARTICLES HAVE BEEN PRINTED AS PETITION ARTICLES HAVE BEEN 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 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 1ARTICLE 1ARTICLE 1ARTICLE 1 (Receipt of Reports)(Receipt of Reports)(Receipt of Reports)(Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2009 Annual Town Report or as may come before this meeting. (Board of Selectmen) FINANCE COMMITTEE MOTION: MovFINANCE COMMITTEE MOTION: MovFINANCE COMMITTEE MOTION: MovFINANCE COMMITTEE MOTION: Moved that the reports of various departments and ed that the reports of various departments and ed that the reports of various departments and ed that the reports of various departments and committees are printed in the Fiscal Year 2009 Annual Town Report or as may come before committees are printed in the Fiscal Year 2009 Annual Town Report or as may come before committees are printed in the Fiscal Year 2009 Annual Town Report or as may come before committees are printed in the Fiscal Year 2009 Annual Town Report or as may come before this meeting be accepted and filed with the permanent records of the Town.this meeting be accepted and filed with the permanent records of the Town.this meeting be accepted and filed with the permanent records of the Town.this meeting be accepted and filed with the permanent records of the Town. BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: The Board of SelThe Board of SelThe Board of SelThe Board of Selectmen supports the Finance ectmen supports the Finance ectmen supports the Finance ectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 2ARTICLE 2ARTICLE 2ARTICLE 2 (Appropriation: Unpaid Bills)(Appropriation: Unpaid Bills)(Appropriation: Unpaid Bills)(Appropriation: Unpaid Bills) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds for the payment, pursuant to Chapter 44, section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years, including any bills now on overdraft. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved that Sixtythat Sixtythat Sixtythat Sixty----two Thousand Six Hundred Sixtytwo Thousand Six Hundred Sixtytwo Thousand Six Hundred Sixtytwo Thousand Six Hundred Sixty----eight eight eight eight DollaDollaDollaDollars and Fiftyrs and Fiftyrs and Fiftyrs and Fifty----ttttwo Cents ($62,668.52) be wo Cents ($62,668.52) be wo Cents ($62,668.52) be wo Cents ($62,668.52) be raised and raised and raised and raised and appropriated from appropriated from appropriated from appropriated from the Fiscal Year 2011 the Fiscal Year 2011 the Fiscal Year 2011 the Fiscal Year 2011 tax levy and other general revenues of the Towntax levy and other general revenues of the Towntax levy and other general revenues of the Towntax levy and other general revenues of the Town to pay the General Fund unpaid bills from to pay the General Fund unpaid bills from to pay the General Fund unpaid bills from to pay the General Fund unpaid bills from prior fiscal years; that One Thousand Seven Hundred Ninetyprior fiscal years; that One Thousand Seven Hundred Ninetyprior fiscal years; that One Thousand Seven Hundred Ninetyprior fiscal years; that One Thousand Seven Hundred Ninety----nnnnine Dollars and Fine Dollars and Fine Dollars and Fine Dollars and Fiftyiftyiftyifty----eeeeight Cents ight Cents ight Cents ight Cents ($1,799.58) be appropriated from ($1,799.58) be appropriated from ($1,799.58) be appropriated from ($1,799.58) be appropriated from retained earnings of theretained earnings of theretained earnings of theretained earnings of the Sewer Enterprise Fund Sewer Enterprise Fund Sewer Enterprise Fund Sewer Enterprise Fund to pay the to pay the to pay the to pay the sewer fund unpaid bills from prior fiscal yearssewer fund unpaid bills from prior fiscal yearssewer fund unpaid bills from prior fiscal yearssewer fund unpaid bills from prior fiscal years:::: DEPARTMENTDEPARTMENTDEPARTMENTDEPARTMENT VENDORVENDORVENDORVENDOR AMOUNTAMOUNTAMOUNTAMOUNT FinanceFinanceFinanceFinance Bank of AmericaBank of AmericaBank of AmericaBank of America $ 62,331.88$ 62,331.88$ 62,331.88$ 62,331.88 Public WorksPublic WorksPublic WorksPublic Works John BragintonJohn BragintonJohn BragintonJohn Braginton----SmithSmithSmithSmith $$$$ 135.00 135.00 135.00 135.00 Town AdministrationTown AdministrationTown AdministrationTown Administration Nantucket Lawn & GardenNantucket Lawn & GardenNantucket Lawn & GardenNantucket Lawn & Garden $ 201.64$ 201.64$ 201.64$ 201.64 Subtotal General Fund ExpenseSubtotal General Fund ExpenseSubtotal General Fund ExpenseSubtotal General Fund Expense $ 62,668.52$ 62,668.52$ 62,668.52$ 62,668.52 Sewer Enterprise FundSewer Enterprise FundSewer Enterprise FundSewer Enterprise Fund Nantucket Parcel PlusNantucket Parcel PlusNantucket Parcel PlusNantucket Parcel Plus $ 7.08$ 7.08$ 7.08$ 7.08 Sewer Enterprise FundSewer Enterprise FundSewer Enterprise FundSewer Enterprise Fund Longfin LLC DBALongfin LLC DBALongfin LLC DBALongfin LLC DBA $ 1,792.50$ 1,792.50$ 1,792.50$ 1,792.50 Subtotal Sewer Enterprise Subtotal Sewer Enterprise Subtotal Sewer Enterprise Subtotal Sewer Enterprise Fund ExpenseFund ExpenseFund ExpenseFund Expense $ 1,799.58$ 1,799.58$ 1,799.58$ 1,799.58 TOTALTOTALTOTALTOTAL $ 64,468.10$ 64,468.10$ 64,468.10$ 64,468.10 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. Page 2 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 3ARTICLE 3ARTICLE 3ARTICLE 3 ((((AppropriationAppropriationAppropriationAppropriation: Prior Year Articles): Prior Year Articles): Prior Year Articles): Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years. (Board of Selectmen) FINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEE MOTION: MOTION: MOTION: MOTION: Moved Moved Moved Moved thathathathatttt Fourteen ThousandFourteen ThousandFourteen ThousandFourteen Thousand Seven Hundred Fifteen Seven Hundred Fifteen Seven Hundred Fifteen Seven Hundred Fifteen Dollars and Seven Cents ($14,715.07) be transferred from Article 10 ofDollars and Seven Cents ($14,715.07) be transferred from Article 10 ofDollars and Seven Cents ($14,715.07) be transferred from Article 10 ofDollars and Seven Cents ($14,715.07) be transferred from Article 10 of the 2008 Annual Town the 2008 Annual Town the 2008 Annual Town the 2008 Annual Town Meeting (Replacement of Outboard Motor) to the Waterways Improvement FundMeeting (Replacement of Outboard Motor) to the Waterways Improvement FundMeeting (Replacement of Outboard Motor) to the Waterways Improvement FundMeeting (Replacement of Outboard Motor) to the Waterways Improvement Fund.... 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 (Revolving Accounts: Annual Authorization)(Revolving Accounts: Annual Authorization)(Revolving Accounts: Annual Authorization)(Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws for fiscal year 2010. (Board of Selectmen) FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hMoved that the revolving funds listed below be hMoved that the revolving funds listed below be hMoved that the revolving funds listed below be hereby ereby ereby ereby authorized to continue during Fiscal Year 2011 as follows:authorized to continue during Fiscal Year 2011 as follows:authorized to continue during Fiscal Year 2011 as follows:authorized to continue during Fiscal Year 2011 as follows: FUNDFUNDFUNDFUND REVENUE REVENUE REVENUE REVENUE SOURCESOURCESOURCESOURCE AUTHORITY TO AUTHORITY TO AUTHORITY TO AUTHORITY TO SPENDSPENDSPENDSPEND USE OF FUNDUSE OF FUNDUSE OF FUNDUSE OF FUND SPENDINGSPENDINGSPENDINGSPENDING LIMITLIMITLIMITLIMIT BeachBeachBeachBeach ImprovementImprovementImprovementImprovement BeachBeachBeachBeach PermitPermitPermitPermit StickerStickerStickerSticker salessalessalessales Town Town Town Town ManagerManagerManagerManager with with with with approval of Board of approval of Board of approval of Board of approval of Board of SelectmenSelectmenSelectmenSelectmen In accordance with c. 56, § In accordance with c. 56, § In accordance with c. 56, § In accordance with c. 56, § 7A of Town Code, 7A of Town Code, 7A of Town Code, 7A of Town Code, and including endangered species monitor and including endangered species monitor and including endangered species monitor and including endangered species monitor program; beach patrols/monitors; beach use program; beach patrols/monitors; beach use program; beach patrols/monitors; beach use program; beach patrols/monitors; beach use education/informationeducation/informationeducation/informationeducation/information $30$30$30$300,0000,0000,0000,000 TennisTennisTennisTennis CourtCourtCourtCourt Tennis feesTennis feesTennis feesTennis fees Town Town Town Town ManagerManagerManagerManager with with with with approval of Park & approval of Park & approval of Park & approval of Park & RecreationRecreationRecreationRecreation CommissionCommissionCommissionCommission Operation, maintenance of tennis court Operation, maintenance of tennis court Operation, maintenance of tennis court Operation, maintenance of tennis court facility facility facility facility and housing for seasonal staffand housing for seasonal staffand housing for seasonal staffand housing for seasonal staff $5$5$5$50,0000,0000,0000,000 ConservationConservationConservationConservation FundFundFundFund ConservationConservationConservationConservation Commission Commission Commission Commission application feesapplication feesapplication feesapplication fees Town Town Town Town ManagerManagerManagerManager with with with with approval of approval of approval of approval of ConservationConservationConservationConservation CommissionCommissionCommissionCommission Consulting services in connection with Consulting services in connection with Consulting services in connection with Consulting services in connection with professional review of applicationsprofessional review of applicationsprofessional review of applicationsprofessional review of applications $$$$88880,0000,0000,0000,000 Septic SysSeptic SysSeptic SysSeptic System tem tem tem InspectionsInspectionsInspectionsInspections Septic system Septic system Septic system Septic system application feesapplication feesapplication feesapplication fees Town Town Town Town ManagerManagerManagerManager with with with with approval of Board of approval of Board of approval of Board of approval of Board of HealthHealthHealthHealth Contractor services in connection with septic Contractor services in connection with septic Contractor services in connection with septic Contractor services in connection with septic system inspections; costs associated system inspections; costs associated system inspections; costs associated system inspections; costs associated with with with with septic system inspectionseptic system inspectionseptic system inspectionseptic system inspectionssss related training and related training and related training and related training and portion of salaries for stafportion of salaries for stafportion of salaries for stafportion of salaries for staff in connection with f in connection with f in connection with f in connection with septic system duties and responsibilities, septic system duties and responsibilities, septic system duties and responsibilities, septic system duties and responsibilities, together with the proportionate costs of fringe together with the proportionate costs of fringe together with the proportionate costs of fringe together with the proportionate costs of fringe benefits associated with the salaries so paidbenefits associated with the salaries so paidbenefits associated with the salaries so paidbenefits associated with the salaries so paid $100,000$100,000$100,000$100,000 Seasonal Food Seasonal Food Seasonal Food Seasonal Food Service Service Service Service InspectionsInspectionsInspectionsInspections Food service Food service Food service Food service permit feespermit feespermit feespermit fees Town Town Town Town ManagerManagerManagerManager with with with with approval ofapproval ofapproval ofapproval of Board of Board of Board of Board of HealthHealthHealthHealth Seasonal food service inspections Seasonal food service inspections Seasonal food service inspections Seasonal food service inspections $25,000$25,000$25,000$25,000 Page 3 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FUNDFUNDFUNDFUND REVENUE REVENUE REVENUE REVENUE SOURCESOURCESOURCESOURCE AUTHORITY TO AUTHORITY TO AUTHORITY TO AUTHORITY TO SPENDSPENDSPENDSPEND USE OF FUNDUSE OF FUNDUSE OF FUNDUSE OF FUND SPENDINGSPENDINGSPENDINGSPENDING LIMITLIMITLIMITLIMIT School Staff School Staff School Staff School Staff Travel ProgramTravel ProgramTravel ProgramTravel Program Participant Participant Participant Participant paymentspaymentspaymentspayments School School School School Superintendent with Superintendent with Superintendent with Superintendent with approval of School approval of School approval of School approval of School CommitteeCommitteeCommitteeCommittee Defrayment of travel costs incurred by Defrayment of travel costs incurred by Defrayment of travel costs incurred by Defrayment of travel costs incurred by employees of Nantucket Public Schools for employees of Nantucket Public Schools for employees of Nantucket Public Schools for employees of Nantucket Public Schools for work purpwork purpwork purpwork purposesosesosesoses $$$$5555,000,000,000,000 Lifeguard Lifeguard Lifeguard Lifeguard HousingHousingHousingHousing Rental Rental Rental Rental paymentspaymentspaymentspayments Town Manager with Town Manager with Town Manager with Town Manager with approval of Board of approval of Board of approval of Board of approval of Board of SelectmenSelectmenSelectmenSelectmen Defrayment of maintenance/upkeep of Defrayment of maintenance/upkeep of Defrayment of maintenance/upkeep of Defrayment of maintenance/upkeep of lifeguard housing facilitieslifeguard housing facilitieslifeguard housing facilitieslifeguard housing facilities $1$1$1$10000,000,000,000,000 Public WorksPublic WorksPublic WorksPublic Works Employee Employee Employee Employee HousingHousingHousingHousing Rental Rental Rental Rental paymentspaymentspaymentspayments Town Manager with Town Manager with Town Manager with Town Manager with approval of Board of approval of Board of approval of Board of approval of Board of SSSSelectmenelectmenelectmenelectmen Defrayment of maintenance/upkeep of housing Defrayment of maintenance/upkeep of housing Defrayment of maintenance/upkeep of housing Defrayment of maintenance/upkeep of housing facilities at Surfside Wastewater Treatment facilities at Surfside Wastewater Treatment facilities at Surfside Wastewater Treatment facilities at Surfside Wastewater Treatment FacilityFacilityFacilityFacility $2$2$2$20,0000,0000,0000,000 Low Low Low Low Beach/Summer Beach/Summer Beach/Summer Beach/Summer Office HousingOffice HousingOffice HousingOffice Housing Rental Rental Rental Rental paymentspaymentspaymentspayments Town Manager with Town Manager with Town Manager with Town Manager with approval of Board of approval of Board of approval of Board of approval of Board of SelectmenSelectmenSelectmenSelectmen Defrayment of maintenance/upkeep of housing Defrayment of maintenance/upkeep of housing Defrayment of maintenance/upkeep of housing Defrayment of maintenance/upkeep of housing facilities at “Loran Barracks” off Low Beach facilities at “Loran Barracks” off Low Beach facilities at “Loran Barracks” off Low Beach facilities at “Loran Barracks” off Low Beach RoadRoadRoadRoad $70,000$70,000$70,000$70,000 BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 5ARTICLE 5ARTICLE 5ARTICLE 5 (Appropriation: Reserve Fund)(Appropriation: Reserve Fund)(Appropriation: Reserve Fund)(Appropriation: Reserve Fund) To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund pursuant to Chapter 40, section 6 of the Massachusetts General Laws, to provide for the extraordinary and unforeseen expenditures which may arise during fiscal year 2011; said sum not to exceed five (5) percent of the fiscal year 2010 tax levy. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that SixSixSixSix Hundred Hundred Hundred Hundred FiveFiveFiveFive Thousand Thousand Thousand Thousand Five Hundred Five Hundred Five Hundred Five Hundred Dollars ($Dollars ($Dollars ($Dollars ($666605050505,500,500,500,500)))) be raised and ap be raised and ap be raised and ap be raised and appropriated from the Fiscal Year 2011 tax levy and other propriated from the Fiscal Year 2011 tax levy and other propriated from the Fiscal Year 2011 tax levy and other propriated from the Fiscal Year 2011 tax levy and other general revenues of the Town to establish a Reserve Fund for Fiscal Year 2011 pursuant to general revenues of the Town to establish a Reserve Fund for Fiscal Year 2011 pursuant to general revenues of the Town to establish a Reserve Fund for Fiscal Year 2011 pursuant to general revenues of the Town to establish a Reserve Fund for Fiscal Year 2011 pursuant to chapter 40, section 6 of the General Laws.chapter 40, section 6 of the General Laws.chapter 40, section 6 of the General Laws.chapter 40, section 6 of the General Laws. BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the FThe Board of Selectmen supports the FThe Board of Selectmen supports the FThe Board of Selectmen supports the Finance inance inance inance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 6ARTICLE 6ARTICLE 6ARTICLE 6 (Fiscal Year 20(Fiscal Year 20(Fiscal Year 20(Fiscal Year 2010101010 Budget Transfers) Budget Transfers) Budget Transfers) Budget Transfers) To see what sums the Town will vote to transfer into various line items of the fiscal year 2010 operating budget from other line items of said budget and from other available funds. (Board of Selectmen) Page 4 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred Moved that the amounts listed below be transferred Moved that the amounts listed below be transferred Moved that the amounts listed below be transferred between the various Fiscal Year 2010 accounts and expenditures as follows:between the various Fiscal Year 2010 accounts and expenditures as follows:between the various Fiscal Year 2010 accounts and expenditures as follows:between the various Fiscal Year 2010 accounts and expenditures as follows: FROMFROMFROMFROM TOTOTOTO AMOUNTAMOUNTAMOUNTAMOUNT Medical Insurance, SalariesMedical Insurance, SalariesMedical Insurance, SalariesMedical Insurance, Salaries Police Department, SalariesPolice Department, SalariesPolice Department, SalariesPolice Department, Salaries $160,000$160,000$160,000$160,000 Medical Insurance, SalariesMedical Insurance, SalariesMedical Insurance, SalariesMedical Insurance, Salaries Our Island Home, ExpenseOur Island Home, ExpenseOur Island Home, ExpenseOur Island Home, Expense $ $ $ $ 64,000 64,000 64,000 64,000 Health Department, SalariesHealth Department, SalariesHealth Department, SalariesHealth Department, Salaries Health Department, ExpenseHealth Department, ExpenseHealth Department, ExpenseHealth Department, Expense $$$$ 7,000 7,000 7,000 7,000 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 7ARTICLE 7ARTICLE 7ARTICLE 7 (Personnel Compens(Personnel Compens(Personnel Compens(Personnel Compensatatatation Plans for Fiscal Year 20ion Plans for Fiscal Year 20ion Plans for Fiscal Year 20ion Plans for Fiscal Year 2011111111)))) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2011: Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building Inspector, Assistant (hourly) 30.00 Dietician/Our Island Home (hourly) 33.00 Election Warden (hourly) 20.00 Election Worker (hourly) 15.00 EMT, Call (per hour) 15.00 Fire Captain, Call (yearly) 150.00 Fire Fighter, Call (per hour) 15.00 Fire Lieutenant, Call (yearly) 125.00 Fire Chief, Second Deputy (yearly) 5,000.00 Fire Chief, Third Deputy (yearly) 5,000.00 Plumbing Inspector, Assistant (hourly) 30.00 Registrar of Voters (yearly) 600.00 Registrar, Temporary Assistant (hourly) 10.00 Seasonal Shellfish Warden(s) (yearly) 300.00 Teen Center Staff (hourly) 11.00 Teen Center Staff/Second Year (hourly) 12.00 Temporary Employee various rates of pay Wiring Inspector, Assistant (hourly) 30.00 Veterans' Agent (hourly) 15.00 Page 5 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Schedule B -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2010- April 14, 2011) CompensationCompensationCompensationCompensation SecondSecondSecondSecond ThirdThirdThirdThird FourthFourthFourthFourth LevelLevelLevelLevel StartStartStartStart SeasonSeasonSeasonSeason SeasonSeasonSeasonSeason SeasonSeasonSeasonSeason A-Hourly* $13.00 $14.00 $15.00 $16.00 B-Hourly* $13.50 $14.50 $15.50 $16.50 C-Hourly* $14.50 $15.50 $16.50 $17.50 D-Hourly* $15.00 $16.00 $17.00 $18.00 E-Hourly* $17.00 $17.50 $18.00 $19.00 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Information Aide, Matron B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works) C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock Worker D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Tennis Attendant (Park & Recreation), Laborer (Park & Recreation) E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor (Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park & Recreation) Schedule C -- Scallop Season Compensation Schedule $35.00/day to be paid to the full-time permanent shellfish warden(s) when scalloping activity is taking place. Schedule D -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $86,460 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted:FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted:FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted:FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted: Schedule A Schedule A Schedule A Schedule A -------- Miscellaneous Compensation Schedule Miscellaneous Compensation Schedule Miscellaneous Compensation Schedule Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member)Abatement Advisory Committee (yearly per member)Abatement Advisory Committee (yearly per member)Abatement Advisory Committee (yearly per member) $600.00$600.00$600.00$600.00 Americans with Disabilities Act Facilitator (hourly)Americans with Disabilities Act Facilitator (hourly)Americans with Disabilities Act Facilitator (hourly)Americans with Disabilities Act Facilitator (hourly) 15.0015.0015.0015.00 Building Inspector, Assistant (hourly)Building Inspector, Assistant (hourly)Building Inspector, Assistant (hourly)Building Inspector, Assistant (hourly) 30.0030.0030.0030.00 Dietician/Our Island Home (hourly)Dietician/Our Island Home (hourly)Dietician/Our Island Home (hourly)Dietician/Our Island Home (hourly) 33.0033.0033.0033.00 Election Warden (hourly)Election Warden (hourly)Election Warden (hourly)Election Warden (hourly) 20.0020.0020.0020.00 Page 6 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Election Worker (hourly)Election Worker (hourly)Election Worker (hourly)Election Worker (hourly) 15.0015.0015.0015.00 EMT, Call (per hour)EMT, Call (per hour)EMT, Call (per hour)EMT, Call (per hour) 15.0015.0015.0015.00 Fire Captain, CFire Captain, CFire Captain, CFire Captain, Call (yearly)all (yearly)all (yearly)all (yearly) 150.00150.00150.00150.00 Fire Fighter, Call (per hour)Fire Fighter, Call (per hour)Fire Fighter, Call (per hour)Fire Fighter, Call (per hour) 15.0015.0015.0015.00 Fire Lieutenant, Call (yearly)Fire Lieutenant, Call (yearly)Fire Lieutenant, Call (yearly)Fire Lieutenant, Call (yearly) 125.00125.00125.00125.00 Fire Chief, Second Deputy (yearly)Fire Chief, Second Deputy (yearly)Fire Chief, Second Deputy (yearly)Fire Chief, Second Deputy (yearly) 5,000.005,000.005,000.005,000.00 Fire Chief, Third Deputy (yearly)Fire Chief, Third Deputy (yearly)Fire Chief, Third Deputy (yearly)Fire Chief, Third Deputy (yearly) 5,000.005,000.005,000.005,000.00 Plumbing Inspector, Assistant (hourly)Plumbing Inspector, Assistant (hourly)Plumbing Inspector, Assistant (hourly)Plumbing Inspector, Assistant (hourly) 30.0030.0030.0030.00 Registrar of Voters (yeaRegistrar of Voters (yeaRegistrar of Voters (yeaRegistrar of Voters (yearly)rly)rly)rly) 600.00600.00600.00600.00 Registrar, Temporary Assistant (hourly)Registrar, Temporary Assistant (hourly)Registrar, Temporary Assistant (hourly)Registrar, Temporary Assistant (hourly) 10.0010.0010.0010.00 Seasonal Shellfish Warden(s) (yearly)Seasonal Shellfish Warden(s) (yearly)Seasonal Shellfish Warden(s) (yearly)Seasonal Shellfish Warden(s) (yearly) 300.00300.00300.00300.00 Teen Center Staff (hourly)Teen Center Staff (hourly)Teen Center Staff (hourly)Teen Center Staff (hourly) 11.0011.0011.0011.00 Teen Center Staff/Second Year (hourly)Teen Center Staff/Second Year (hourly)Teen Center Staff/Second Year (hourly)Teen Center Staff/Second Year (hourly) 12.0012.0012.0012.00 Temporary EmployeeTemporary EmployeeTemporary EmployeeTemporary Employee various rates of payvarious rates of payvarious rates of payvarious rates of pay Wiring Inspector, Assistant (Wiring Inspector, Assistant (Wiring Inspector, Assistant (Wiring Inspector, Assistant (hourly)hourly)hourly)hourly) 30.0030.0030.0030.00 Veterans' Agent (hourly)Veterans' Agent (hourly)Veterans' Agent (hourly)Veterans' Agent (hourly) 15.0015.0015.0015.00 Schedule B Schedule B Schedule B Schedule B -------- Seasonal Employee Compensation Schedule Seasonal Employee Compensation Schedule Seasonal Employee Compensation Schedule Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2010(Spring, Summer, Fall, Winter/Effective April 15, 2010(Spring, Summer, Fall, Winter/Effective April 15, 2010(Spring, Summer, Fall, Winter/Effective April 15, 2010---- April 14, 2011) April 14, 2011) April 14, 2011) April 14, 2011) CompensationCompensationCompensationCompensation SecondSecondSecondSecond ThirdThirdThirdThird FourthFourthFourthFourth LevelLevelLevelLevel StartStartStartStart SeasonSeasonSeasonSeason SeasonSeasonSeasonSeason SeasonSeasonSeasonSeason AAAA----Hourly*Hourly*Hourly*Hourly* $1$1$1$13.003.003.003.00 $14.00$14.00$14.00$14.00 $15.00$15.00$15.00$15.00 $16.00$16.00$16.00$16.00 BBBB----Hourly*Hourly*Hourly*Hourly* $13.50$13.50$13.50$13.50 $14.50$14.50$14.50$14.50 $15.50$15.50$15.50$15.50 $16.50$16.50$16.50$16.50 CCCC----Hourly*Hourly*Hourly*Hourly* $14.50$14.50$14.50$14.50 $15.50$15.50$15.50$15.50 $16.50$16.50$16.50$16.50 $17.50$17.50$17.50$17.50 DDDD----Hourly*Hourly*Hourly*Hourly* $15.00$15.00$15.00$15.00 $16.00$16.00$16.00$16.00 $17.00$17.00$17.00$17.00 $18.00$18.00$18.00$18.00 EEEE----Hourly*Hourly*Hourly*Hourly* $17.00$17.00$17.00$17.00 $17.50$17.50$17.50$17.50 $18.00$18.00$18.00$18.00 $19.00$19.00$19.00$19.00 *An employee assigned supervisory responsibilities shall be placed in the*An employee assigned supervisory responsibilities shall be placed in the*An employee assigned supervisory responsibilities shall be placed in the*An employee assigned supervisory responsibilities shall be placed in the next higher category. next higher category. next higher category. next higher category. A: Dock Attendant, Information Aide, MatronA: Dock Attendant, Information Aide, MatronA: Dock Attendant, Information Aide, MatronA: Dock Attendant, Information Aide, Matron B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works)Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works) C: Endangered SpecC: Endangered SpecC: Endangered SpecC: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock ies Monitor Supervisor, Summer Recreation Coordinator, Dock ies Monitor Supervisor, Summer Recreation Coordinator, Dock ies Monitor Supervisor, Summer Recreation Coordinator, Dock WorkerWorkerWorkerWorker D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Tennis Attendant D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Tennis Attendant D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Tennis Attendant D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Tennis Attendant (Park & Recreation), Laborer (Park & Recreation)(Park & Recreation), Laborer (Park & Recreation)(Park & Recreation), Laborer (Park & Recreation)(Park & Recreation), Laborer (Park & Recreation) E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal E. Lifeguard Supervisor, Madaket Harbormaster, Seasonal Maintenance Supervisor Maintenance Supervisor Maintenance Supervisor Maintenance Supervisor (Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park (Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park (Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park (Park & Recreation); Tennis Instructor (Park & Recreation), Swimming Instructor (Park & Recreation)& Recreation)& Recreation)& Recreation) Schedule CSchedule CSchedule CSchedule C -------- Scallop Season Compensation ScheduleScallop Season Compensation ScheduleScallop Season Compensation ScheduleScallop Season Compensation Schedule $35.00/day to be paid to the full$35.00/day to be paid to the full$35.00/day to be paid to the full$35.00/day to be paid to the full----time permanent shellfish warden(s) when scalloptime permanent shellfish warden(s) when scalloptime permanent shellfish warden(s) when scalloptime permanent shellfish warden(s) when scalloping activity is ing activity is ing activity is ing activity is taking place.taking place.taking place.taking place. Page 7 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Schedule D Schedule D Schedule D Schedule D -------- Compensation Schedule for Elected Officials* Compensation Schedule for Elected Officials* Compensation Schedule for Elected Officials* Compensation Schedule for Elected Officials* ModeratorModeratorModeratorModerator $150 per year$150 per year$150 per year$150 per year Selectman, ChairSelectman, ChairSelectman, ChairSelectman, Chair $5,000/per year$5,000/per year$5,000/per year$5,000/per year SelectmenSelectmenSelectmenSelectmen $3,500/per year$3,500/per year$3,500/per year$3,500/per year Town ClerkTown ClerkTown ClerkTown Clerk $8$8$8$89,5309,5309,5309,530 *Other than establishing the salary pursuant to MGL c. 41, s.*Other than establishing the salary pursuant to MGL c. 41, s.*Other than establishing the salary pursuant to MGL c. 41, s.*Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded 108, these positions are excluded 108, these positions are excluded 108, these positions are excluded from the Personnel Bylaw of the Town.from the Personnel Bylaw of the Town.from the Personnel Bylaw of the Town.from the Personnel Bylaw of the Town. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 8ARTICLE 8ARTICLE 8ARTICLE 8 (Appropriation: Fiscal Year 20(Appropriation: Fiscal Year 20(Appropriation: Fiscal Year 20(Appropriation: Fiscal Year 2011111111 General Fund General Fund General Fund General Fund Operating Budget) Operating Budget) Operating Budget) Operating Budget) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of supporting the offices, departments, boards and commissions of the Town of Nantucket for Fiscal Year 2011. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2011 operating FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2011 operating FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2011 operating FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2011 operating budget is established for the various offices, boards, and commissions of the Town as follows:budget is established for the various offices, boards, and commissions of the Town as follows:budget is established for the various offices, boards, and commissions of the Town as follows:budget is established for the various offices, boards, and commissions of the Town as follows: Fiscal Year 2011 Fiscal Year 2011 Fiscal Year 2011 Fiscal Year 2011 FY 2010FY 2010FY 2010FY 2010 DEPARTMENTDEPARTMENTDEPARTMENTDEPARTMENT PAYROLL PAYROLL PAYROLL PAYROLL OPEOPEOPEOPERATINGRATINGRATINGRATING TOTAL TOTAL TOTAL TOTAL BUDGETBUDGETBUDGETBUDGET ARTICLE 8 ARTICLE 8 ARTICLE 8 ARTICLE 8 TOTAL TOTAL TOTAL TOTAL GENERAL GOVERNMENTGENERAL GOVERNMENTGENERAL GOVERNMENTGENERAL GOVERNMENT Conservation CommissionConservation CommissionConservation CommissionConservation Commission 124,070124,070124,070124,070 24,10024,10024,10024,100 148,170148,170148,170148,170 163,030163,030163,030163,030 Commission on DisabilityCommission on DisabilityCommission on DisabilityCommission on Disability 10,94010,94010,94010,940 1,9501,9501,9501,950 12,89012,89012,89012,890 12,24012,24012,24012,240 Finance CommitteeFinance CommitteeFinance CommitteeFinance Committee ---- 22,00022,00022,00022,000 22,00022,00022,00022,000 19,98019,98019,98019,980 Finance & OperationsFinance & OperationsFinance & OperationsFinance & Operations 1,436,9401,436,9401,436,9401,436,940 333361,35061,35061,35061,350 1,798,2901,798,2901,798,2901,798,290 1,691,4651,691,4651,691,4651,691,465 Historic District CommissionHistoric District CommissionHistoric District CommissionHistoric District Commission 237,000237,000237,000237,000 17,60017,60017,60017,600 254,600254,600254,600254,600 246,965246,965246,965246,965 Human ResourcesHuman ResourcesHuman ResourcesHuman Resources 137,200137,200137,200137,200 28,55028,55028,55028,550 165,750165,750165,750165,750 165,615165,615165,615165,615 Information Systems / GISInformation Systems / GISInformation Systems / GISInformation Systems / GIS 330,130330,130330,130330,130 227,900227,900227,900227,900 558,030558,030558,030558,030 568,675568,675568,675568,675 LegalLegalLegalLegal ---- 335,000335,000335,000335,000 335,000335,000335,000335,000 440,050440,050440,050440,050 ModeratorModeratorModeratorModerator 175175175175 300300300300 475475475475 1,1751,1751,1751,175 Nantucket Planning OfficeNantucket Planning OfficeNantucket Planning OfficeNantucket Planning Office 410,980410,980410,980410,980 69,80069,80069,80069,800 480,780480,780480,780480,780 512,870512,870512,870512,870 Town AdministrationTown AdministrationTown AdministrationTown Administration 448,700448,700448,700448,700 173,800173,800173,800173,800 622,500622,500622,500622,500 646,575646,575646,575646,575 Town ClerkTown ClerkTown ClerkTown Clerk 212,360212,360212,360212,360 58,65058,65058,65058,650 271,010271,010271,010271,010 265,100265,100265,100265,100 SubtotalSubtotalSubtotalSubtotal 3,348,4953,348,4953,348,4953,348,495 1,321,0001,321,0001,321,0001,321,000 4,669,4954,669,4954,669,4954,669,495 4,733,7404,733,7404,733,7404,733,740 SAFETY & PROTECTISAFETY & PROTECTISAFETY & PROTECTISAFETY & PROTECTIONONONON InspectorsInspectorsInspectorsInspectors 626,380626,380626,380626,380 25,05025,05025,05025,050 651,430651,430651,430651,430 646,295646,295646,295646,295 Emergency ManagementEmergency ManagementEmergency ManagementEmergency Management ---- 12,10012,10012,10012,100 12,10012,10012,10012,100 18,99018,99018,99018,990 Fire DepartmentFire DepartmentFire DepartmentFire Department 2,248,6002,248,6002,248,6002,248,600 235,250235,250235,250235,250 2,483,8502,483,8502,483,8502,483,850 2,488,9102,488,9102,488,9102,488,910 Health DepartmentHealth DepartmentHealth DepartmentHealth Department 266,220266,220266,220266,220 29,80029,80029,80029,800 296,020296,020296,020296,020 247,570247,570247,570247,570 Page 8 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Police Department &Police Department &Police Department &Police Department & Animal Control Animal Control Animal Control Animal Control 3,748,6103,748,6103,748,6103,748,610 568,600568,600568,600568,600 4,317,2104,317,2104,317,2104,317,210 4,230,3344,230,3344,230,3344,230,334 Street LightingStreet LightingStreet LightingStreet Lighting ---- 80,00080,00080,00080,000 80,00080,00080,00080,000 82,00082,00082,00082,000 SubtotalSubtotalSubtotalSubtotal 6,889,8106,889,8106,889,8106,889,810 950,800950,800950,800950,800 7,840,6107,840,6107,840,6107,840,610 7,714,0997,714,0997,714,0997,714,099 MARINE & COASTAL MARINE & COASTAL MARINE & COASTAL MARINE & COASTAL RESOURCESRESOURCESRESOURCESRESOURCES Marine DepartmentMarine DepartmentMarine DepartmentMarine Department 706,980706,980706,980706,980 85,10085,10085,10085,100 792,080792,080792,080792,080 781,000781,000781,000781,000 SubtotalSubtotalSubtotalSubtotal 706,980706,980706,980706,980 85,10085,10085,10085,100 792,0792,0792,0792,080808080 781,000781,000781,000781,000 MAINTENANCEMAINTENANCEMAINTENANCEMAINTENANCE Gas / Town VehiclesGas / Town VehiclesGas / Town VehiclesGas / Town Vehicles ---- 350,000350,000350,000350,000 350,000350,000350,000350,000 350,000350,000350,000350,000 Mosquito ControlMosquito ControlMosquito ControlMosquito Control ---- 50,00050,00050,00050,000 50,00050,00050,00050,000 ---- Public BuildingsPublic BuildingsPublic BuildingsPublic Buildings ---- 661,000661,000661,000661,000 661,000661,000661,000661,000 709,500709,500709,500709,500 Public WorksPublic WorksPublic WorksPublic Works 1,597,6101,597,6101,597,6101,597,610 282,950282,950282,950282,950 1,880,5601,880,5601,880,5601,880,560 2,077,8602,077,8602,077,8602,077,860 Snow and Ice RemovalSnow and Ice RemovalSnow and Ice RemovalSnow and Ice Removal ---- 64,00064,00064,00064,000 64,00064,00064,00064,000 64,00064,00064,00064,000 SubtotalSubtotalSubtotalSubtotal 1,597,6101,597,6101,597,6101,597,610 1,407,9501,407,9501,407,9501,407,950 3,005,5603,005,5603,005,5603,005,560 3,201,3603,201,3603,201,3603,201,360 HUMAN SERVICESHUMAN SERVICESHUMAN SERVICESHUMAN SERVICES Adult Community Day CareAdult Community Day CareAdult Community Day CareAdult Community Day Care ---- ---- ---- 117,300117,300117,300117,300 Council on AgingCouncil on AgingCouncil on AgingCouncil on Aging 225,590225,590225,590225,590 23,90023,90023,90023,900 249,490249,490249,490249,490 240,565240,565240,565240,565 Council for Human ServicesCouncil for Human ServicesCouncil for Human ServicesCouncil for Human Services 127,600127,600127,600127,600 10,40010,40010,40010,400 138,000138,000138,000138,000 136,825136,825136,825136,825 OuOuOuOur Island Homer Island Homer Island Homer Island Home ---- ---- ---- 5,044,3555,044,3555,044,3555,044,355 Veteran's ServicesVeteran's ServicesVeteran's ServicesVeteran's Services 4,6154,6154,6154,615 10,10010,10010,10010,100 14,71514,71514,71514,715 14,72514,72514,72514,725 SubtotalSubtotalSubtotalSubtotal 357,805357,805357,805357,805 44,40044,40044,40044,400 402,205402,205402,205402,205 5,553,7705,553,7705,553,7705,553,770 CULTURE & RECREATIONCULTURE & RECREATIONCULTURE & RECREATIONCULTURE & RECREATION AtheneumAtheneumAtheneumAtheneum ---- 650,720650,720650,720650,720 650,720650,720650,720650,720 578,900578,900578,900578,900 Park & RecreationPark & RecreationPark & RecreationPark & Recreation 354,290354,290354,290354,290 120,000120,000120,000120,000 474,290474,290474,290474,290 469,740469,740469,740469,740 ToToToTown Clockwn Clockwn Clockwn Clock ---- 2,7002,7002,7002,700 2,7002,7002,7002,700 2,6002,6002,6002,600 Visitor ServicesVisitor ServicesVisitor ServicesVisitor Services 260,470260,470260,470260,470 80,90080,90080,90080,900 341,370341,370341,370341,370 401,510401,510401,510401,510 SubtotalSubtotalSubtotalSubtotal 614,760614,760614,760614,760 854,320854,320854,320854,320 1,469,0801,469,0801,469,0801,469,080 1,452,7501,452,7501,452,7501,452,750 CONTRACTUALCONTRACTUALCONTRACTUALCONTRACTUAL OBLIGATIONSOBLIGATIONSOBLIGATIONSOBLIGATIONS 292,227292,227292,227292,227 ---- 292,227292,227292,227292,227 247,000247,000247,000247,000 TOTAL OF DEPT OPERATING TOTAL OF DEPT OPERATING TOTAL OF DEPT OPERATING TOTAL OF DEPT OPERATING BUDGETSBUDGETSBUDGETSBUDGETS 13,807,68713,807,68713,807,68713,807,687 4,663,54,663,54,663,54,663,570707070 18,471,25718,471,25718,471,25718,471,257 23,683,71923,683,71923,683,71923,683,719 EDUCATIONEDUCATIONEDUCATIONEDUCATION Community SchoolCommunity SchoolCommunity SchoolCommunity School 235,000235,000235,000235,000 ---- 235,000235,000235,000235,000 235,000235,000235,000235,000 School DepartmentSchool DepartmentSchool DepartmentSchool Department 17,372,89317,372,89317,372,89317,372,893 4,126,3204,126,3204,126,3204,126,320 21,499,21321,499,21321,499,21321,499,213 21,164,00021,164,00021,164,00021,164,000 SubtotalSubtotalSubtotalSubtotal 17,607,89317,607,89317,607,89317,607,893 4,126,3204,126,3204,126,3204,126,320 21,734,21321,734,21321,734,21321,734,213 21,399,00021,399,00021,399,00021,399,000 GRAND TOTAL OF GEN GOGRAND TOTAL OF GEN GOGRAND TOTAL OF GEN GOGRAND TOTAL OF GEN GOV'T V'T V'T V'T OPER BUDGETSOPER BUDGETSOPER BUDGETSOPER BUDGETS 31,415,58031,415,58031,415,58031,415,580 8,789.8908,789.8908,789.8908,789.890 40,205,47040,205,47040,205,47040,205,470 45,082,71945,082,71945,082,71945,082,719 DEBT SERVICEDEBT SERVICEDEBT SERVICEDEBT SERVICE Page 9 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions PrincipalPrincipalPrincipalPrincipal ---- 6,685,2746,685,2746,685,2746,685,274 6,685,2746,685,2746,685,2746,685,274 6,096,0006,096,0006,096,0006,096,000 InterestInterestInterestInterest ---- 2,626,6462,626,6462,626,6462,626,646 2,626,6462,626,6462,626,6462,626,646 2,954,0002,954,0002,954,0002,954,000 SubtotalSubtotalSubtotalSubtotal ---- 9,311,9209,311,9209,311,9209,311,920 9,311,9209,311,9209,311,9209,311,920 9,050,0009,050,0009,050,0009,050,000 INSURANCESINSURANCESINSURANCESINSURANCES AAAAuto Casualtyuto Casualtyuto Casualtyuto Casualty ---- 202,300202,300202,300202,300 202,300202,300202,300202,300 200,000200,000200,000200,000 Blanket LiabilityBlanket LiabilityBlanket LiabilityBlanket Liability ---- 906,315906,315906,315906,315 906,315906,315906,315906,315 880,000880,000880,000880,000 Claims DeductibleClaims DeductibleClaims DeductibleClaims Deductible ---- 82,00082,00082,00082,000 82,00082,00082,00082,000 100,000100,000100,000100,000 Insurance ConsultingInsurance ConsultingInsurance ConsultingInsurance Consulting ---- 28,60028,60028,60028,600 28,60028,60028,60028,600 28,00028,00028,00028,000 Medical InsuranceMedical InsuranceMedical InsuranceMedical Insurance 6,687,7556,687,7556,687,7556,687,755 ---- 6,687,7556,687,7556,687,7556,687,755 8,118,0008,118,0008,118,0008,118,000 UnemploymentUnemploymentUnemploymentUnemployment 328,520328,520328,520328,520 ---- 328,328,328,328,520520520520 240,062240,062240,062240,062 Workers CompensationWorkers CompensationWorkers CompensationWorkers Compensation 197,300197,300197,300197,300 ---- 197,300197,300197,300197,300 200,000200,000200,000200,000 Laborer's Union PensionLaborer's Union PensionLaborer's Union PensionLaborer's Union Pension 42,16042,16042,16042,160 ---- 42,16042,16042,16042,160 44,00044,00044,00044,000 SubtotalSubtotalSubtotalSubtotal 7,255,7357,255,7357,255,7357,255,735 1,219,2151,219,2151,219,2151,219,215 8,474,9508,474,9508,474,9508,474,950 9,810,0629,810,0629,810,0629,810,062 ASSESSMENTSASSESSMENTSASSESSMENTSASSESSMENTS Barnstable RetirementBarnstable RetirementBarnstable RetirementBarnstable Retirement 3,011,0553,011,0553,011,0553,011,055 ---- 3,011,0553,011,0553,011,0553,011,055 3,217,7303,217,7303,217,7303,217,730 SubtoSubtoSubtoSubtotaltaltaltal 3,011,0553,011,0553,011,0553,011,055 ---- 3,011,0553,011,0553,011,0553,011,055 3,217,7303,217,7303,217,7303,217,730 GRAND TOTAL OF OPERATING GRAND TOTAL OF OPERATING GRAND TOTAL OF OPERATING GRAND TOTAL OF OPERATING BUDGETBUDGETBUDGETBUDGET 41,682,370 19,321,025 61,003,395 67,160,51167,160,51167,160,51167,160,511 And to meet these appropriations, the sum of Sixty Million Seven Hundred NinetyAnd to meet these appropriations, the sum of Sixty Million Seven Hundred NinetyAnd to meet these appropriations, the sum of Sixty Million Seven Hundred NinetyAnd to meet these appropriations, the sum of Sixty Million Seven Hundred Ninety----seven seven seven seven Thousand Three Hundred NineThousand Three Hundred NineThousand Three Hundred NineThousand Three Hundred Ninetytytyty----Five Dollars ($60,797,395) be raised and appropriated from Five Dollars ($60,797,395) be raised and appropriated from Five Dollars ($60,797,395) be raised and appropriated from Five Dollars ($60,797,395) be raised and appropriated from the Fiscal Year 2011 tax levy and other general revenues of the Town; and, that Two Hundred the Fiscal Year 2011 tax levy and other general revenues of the Town; and, that Two Hundred the Fiscal Year 2011 tax levy and other general revenues of the Town; and, that Two Hundred the Fiscal Year 2011 tax levy and other general revenues of the Town; and, that Two Hundred Six Thousand Dollars ($206,000) be appropriated from the Ambulance Reserve Fund for Six Thousand Dollars ($206,000) be appropriated from the Ambulance Reserve Fund for Six Thousand Dollars ($206,000) be appropriated from the Ambulance Reserve Fund for Six Thousand Dollars ($206,000) be appropriated from the Ambulance Reserve Fund for expenses associateexpenses associateexpenses associateexpenses associated with the operation of the Fire Department’s emergency medical services.d with the operation of the Fire Department’s emergency medical services.d with the operation of the Fire Department’s emergency medical services.d with the operation of the Fire Department’s emergency medical services. The budget unanimously recommended by the Nantucket School Committee for the School The budget unanimously recommended by the Nantucket School Committee for the School The budget unanimously recommended by the Nantucket School Committee for the School The budget unanimously recommended by the Nantucket School Committee for the School Department, including the Nantucket Community School, Department, including the Nantucket Community School, Department, including the Nantucket Community School, Department, including the Nantucket Community School, for Fiscal Year 2011 is Twentyfor Fiscal Year 2011 is Twentyfor Fiscal Year 2011 is Twentyfor Fiscal Year 2011 is Twenty----oooone ne ne ne Million Million Million Million Seven Hundred ThirtySeven Hundred ThirtySeven Hundred ThirtySeven Hundred Thirty----four Thousand Two Hundred and Thirteen Dollars ($21,734,213)four Thousand Two Hundred and Thirteen Dollars ($21,734,213)four Thousand Two Hundred and Thirteen Dollars ($21,734,213)four Thousand Two Hundred and Thirteen Dollars ($21,734,213) FINANCE COMMITTEE COMMENT: In January 2010, the Board of Selectmen voted to FINANCE COMMITTEE COMMENT: In January 2010, the Board of Selectmen voted to FINANCE COMMITTEE COMMENT: In January 2010, the Board of Selectmen voted to FINANCE COMMITTEE COMMENT: In January 2010, the Board of Selectmen voted to reclassify the Our Island Home and Adult Community Day Care (ACDC) town departments as reclassify the Our Island Home and Adult Community Day Care (ACDC) town departments as reclassify the Our Island Home and Adult Community Day Care (ACDC) town departments as reclassify the Our Island Home and Adult Community Day Care (ACDC) town departments as the Our Ithe Our Ithe Our Ithe Our Island Home Enterprise Fund. Our Island Home Enterprise Fund budget can be sland Home Enterprise Fund. Our Island Home Enterprise Fund budget can be sland Home Enterprise Fund. Our Island Home Enterprise Fund budget can be sland Home Enterprise Fund. Our Island Home Enterprise Fund budget can be located in Article 12.located in Article 12.located in Article 12.located in Article 12. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 9ARTICLE 9ARTICLE 9ARTICLE 9 (Appropriation: Health and Human Services)(Appropriation: Health and Human Services)(Appropriation: Health and Human Services)(Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the Council for Human Services to be used by the Council to contract with various health and human services, not-for-profit Page 10 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions corporations to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that contracts be executed by and between the Board of Selectmen and the respective private, not-for-profit agency for Fiscal Year 2011, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that Three Hundred Seventeen Thousand Eight Three Hundred Seventeen Thousand Eight Three Hundred Seventeen Thousand Eight Three Hundred Seventeen Thousand Eight Hundred EightyHundred EightyHundred EightyHundred Eighty----three Dollars (three Dollars (three Dollars (three Dollars ($317,883)$317,883)$317,883)$317,883) be raised and appropriated from the Fiscal Year 2011 be raised and appropriated from the Fiscal Year 2011 be raised and appropriated from the Fiscal Year 2011 be raised and appropriated from the Fiscal Year 2011 tax levy and other general revenues of the Town for the Town Manager to expend to fund tax levy and other general revenues of the Town for the Town Manager to expend to fund tax levy and other general revenues of the Town for the Town Manager to expend to fund tax levy and other general revenues of the Town for the Town Manager to expend to fund contracts for the following health and human services, private notcontracts for the following health and human services, private notcontracts for the following health and human services, private notcontracts for the following health and human services, private not----forforforfor----profit agencies to provide profit agencies to provide profit agencies to provide profit agencies to provide for the for the for the for the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town Manager with the approval of the Board of Selectmen, execute contracts with the Town Manager with the approval of the Board of Selectmen, execute contracts with the Town Manager with the approval of the Board of Selectmen, execute contracts with the Town Manager with the approval of the Board of Selectmen, execute contracts with the respective agencies for Fiscal Year 2011, which contracts shall stipulate mutuallrespective agencies for Fiscal Year 2011, which contracts shall stipulate mutuallrespective agencies for Fiscal Year 2011, which contracts shall stipulate mutuallrespective agencies for Fiscal Year 2011, which contracts shall stipulate mutually agreed upon y agreed upon y agreed upon y agreed upon terms and conditions:terms and conditions:terms and conditions:terms and conditions: AGENCYAGENCYAGENCYAGENCY AMOUNTAMOUNTAMOUNTAMOUNT A Safe PlaceA Safe PlaceA Safe PlaceA Safe Place $$$$ 50,000 50,000 50,000 50,000 Martha’s Vineyard Community ServicesMartha’s Vineyard Community ServicesMartha’s Vineyard Community ServicesMartha’s Vineyard Community Services $ $ $ $ 13,000 13,000 13,000 13,000 Elder Services of Cape Cod & IslandsElder Services of Cape Cod & IslandsElder Services of Cape Cod & IslandsElder Services of Cape Cod & Islands $ $ $ $ 8,000 8,000 8,000 8,000 Interfaith Council Food PantryInterfaith Council Food PantryInterfaith Council Food PantryInterfaith Council Food Pantry $ $ $ $ 20,000 20,000 20,000 20,000 Interfaith CounciInterfaith CounciInterfaith CounciInterfaith Council Rental Assistancel Rental Assistancel Rental Assistancel Rental Assistance $ $ $ $ 20,000 20,000 20,000 20,000 South Coastal Counties Legal ServicesSouth Coastal Counties Legal ServicesSouth Coastal Counties Legal ServicesSouth Coastal Counties Legal Services $ $ $ $ 3,900 3,900 3,900 3,900 Family & Children’s Services dba Nantucket Behavioral Family & Children’s Services dba Nantucket Behavioral Family & Children’s Services dba Nantucket Behavioral Family & Children’s Services dba Nantucket Behavioral Health ServicesHealth ServicesHealth ServicesHealth Services $ $ $ $ 152,100 152,100 152,100 152,100 Nantucket Aids NetworkNantucket Aids NetworkNantucket Aids NetworkNantucket Aids Network $ $ $ $ 10,000 10,000 10,000 10,000 Nantucket Cottage Hospital / Social SNantucket Cottage Hospital / Social SNantucket Cottage Hospital / Social SNantucket Cottage Hospital / Social Serviceserviceserviceservices $ $ $ $ 32,500 32,500 32,500 32,500 Nantucket Family PlanningNantucket Family PlanningNantucket Family PlanningNantucket Family Planning $ $ $ $ 8,383 8,383 8,383 8,383 TOTALTOTALTOTALTOTAL $ $ $ $ 317 ,883 317 ,883 317 ,883 317 ,883 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 10ARTICLE 10ARTICLE 10ARTICLE 10 (Appropriation: General Fund Capital Expenditures)(Appropriation: General Fund Capital Expenditures)(Appropriation: General Fund Capital Expenditures)(Appropriation: General Fund Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for Fiscal Year 2011 for the offices, departments, boards and commissions of the Town of Nantucket. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for capital outlay expenditures for general fund departments for Fiscal Year 2011, capital outlay expenditures for general fund departments for Fiscal Year 2011, capital outlay expenditures for general fund departments for Fiscal Year 2011, capital outlay expenditures for general fund departments for Fiscal Year 2011, with with with with all such all such all such all such expenditures to be made by the Town Maexpenditures to be made by the Town Maexpenditures to be made by the Town Maexpenditures to be made by the Town Manager with the approval of the Board of Selectmen; nager with the approval of the Board of Selectmen; nager with the approval of the Board of Selectmen; nager with the approval of the Board of Selectmen; except except except except the School expenditures to be made by the School Superintendent with the approval of the School expenditures to be made by the School Superintendent with the approval of the School expenditures to be made by the School Superintendent with the approval of the School expenditures to be made by the School Superintendent with the approval of Page 11 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions the School Committee;the School Committee;the School Committee;the School Committee; and further that the Town Manager with the approval of the Board of and further that the Town Manager with the approval of the Board of and further that the Town Manager with the approval of the Board of and further that the Town Manager with the approval of the Board of SelectmenSelectmenSelectmenSelectmen or School Sup or School Sup or School Sup or School Superintendent with the approval of the School Committee as the case erintendent with the approval of the School Committee as the case erintendent with the approval of the School Committee as the case erintendent with the approval of the School Committee as the case may be, may be, may be, may be, is authorized to sell, convey, tradeis authorized to sell, convey, tradeis authorized to sell, convey, tradeis authorized to sell, convey, trade----in or otherwise dispose of equipment being in or otherwise dispose of equipment being in or otherwise dispose of equipment being in or otherwise dispose of equipment being replaced as follows:replaced as follows:replaced as follows:replaced as follows: DEPARTMENTDEPARTMENTDEPARTMENTDEPARTMENT ITEMITEMITEMITEM AMOUNTAMOUNTAMOUNTAMOUNT Fire DepartmentFire DepartmentFire DepartmentFire Department Replacement of (1) fire engineReplacement of (1) fire engineReplacement of (1) fire engineReplacement of (1) fire engine $ 450,0$ 450,0$ 450,0$ 450,000000000 SchoolSchoolSchoolSchool Nantucket High School Building ImprovementsNantucket High School Building ImprovementsNantucket High School Building ImprovementsNantucket High School Building Improvements $ 102,040 $ 102,040 $ 102,040 $ 102,040 Town Town Town Town AdministrationAdministrationAdministrationAdministration Professional Services for space reconfiguration design, permitting, Professional Services for space reconfiguration design, permitting, Professional Services for space reconfiguration design, permitting, Professional Services for space reconfiguration design, permitting, and construction located at 20 South Waterand construction located at 20 South Waterand construction located at 20 South Waterand construction located at 20 South Water $ 200,000$ 200,000$ 200,000$ 200,000 Town Town Town Town AdministrationAdministrationAdministrationAdministration Conversion of HeatingConversion of HeatingConversion of HeatingConversion of Heating System located at 2 Fairgrounds Road System located at 2 Fairgrounds Road System located at 2 Fairgrounds Road System located at 2 Fairgrounds Road $ 35,000$ 35,000$ 35,000$ 35,000 TOTALTOTALTOTALTOTAL $$$$787,040787,040787,040787,040 And to meet the appropriation for the above itemsAnd to meet the appropriation for the above itemsAnd to meet the appropriation for the above itemsAnd to meet the appropriation for the above items thatthatthatthat One Hundred Seven Thousand Seven One Hundred Seven Thousand Seven One Hundred Seven Thousand Seven One Hundred Seven Thousand Seven Hundred One Dollars ($107,701) be transferred from Free Cash in the Treasury of the Town; Hundred One Dollars ($107,701) be transferred from Free Cash in the Treasury of the Town; Hundred One Dollars ($107,701) be transferred from Free Cash in the Treasury of the Town; Hundred One Dollars ($107,701) be transferred from Free Cash in the Treasury of the Town; that Fouthat Fouthat Fouthat Four Hundred Thirtyr Hundred Thirtyr Hundred Thirtyr Hundred Thirty----Six Thousand Dollars ($436,000) be transferred from the following Six Thousand Dollars ($436,000) be transferred from the following Six Thousand Dollars ($436,000) be transferred from the following Six Thousand Dollars ($436,000) be transferred from the following prior year Articles, the purposes of which have been completed, for the replacement fire engine prior year Articles, the purposes of which have been completed, for the replacement fire engine prior year Articles, the purposes of which have been completed, for the replacement fire engine prior year Articles, the purposes of which have been completed, for the replacement fire engine item:item:item:item: a.a.a.a. Three Hundred Fifty Thousand Dollars ($350,000) from Article 10 of theThree Hundred Fifty Thousand Dollars ($350,000) from Article 10 of theThree Hundred Fifty Thousand Dollars ($350,000) from Article 10 of theThree Hundred Fifty Thousand Dollars ($350,000) from Article 10 of the 2005 Annual 2005 Annual 2005 Annual 2005 Annual Town Meeting (Fire)Town Meeting (Fire)Town Meeting (Fire)Town Meeting (Fire);;;; b.b.b.b. TwentyTwentyTwentyTwenty----nine Thousand Nine Hundred Fortynine Thousand Nine Hundred Fortynine Thousand Nine Hundred Fortynine Thousand Nine Hundred Forty----one Dollars ($29,941) from Article 10 of the one Dollars ($29,941) from Article 10 of the one Dollars ($29,941) from Article 10 of the one Dollars ($29,941) from Article 10 of the 1998 Annual Town Meeting (Inf1998 Annual Town Meeting (Inf1998 Annual Town Meeting (Inf1998 Annual Town Meeting (Information Systems GIS Phase III);ormation Systems GIS Phase III);ormation Systems GIS Phase III);ormation Systems GIS Phase III); c.c.c.c. TwentyTwentyTwentyTwenty----four Thousand Three Hundred Seventyfour Thousand Three Hundred Seventyfour Thousand Three Hundred Seventyfour Thousand Three Hundred Seventy----four Dollars ($24,374) from Artifour Dollars ($24,374) from Artifour Dollars ($24,374) from Artifour Dollars ($24,374) from Article 10 at cle 10 at cle 10 at cle 10 at the 2005 Annual Town the 2005 Annual Town the 2005 Annual Town the 2005 Annual Town MMMMeeting (Public Works New Streeteeting (Public Works New Streeteeting (Public Works New Streeteeting (Public Works New Street Sweeper); Sweeper); Sweeper); Sweeper); d.d.d.d. Eleven Thousand Two Hundred Eighteen Dollars ($11,218) from Article 10 at the 2004 Eleven Thousand Two Hundred Eighteen Dollars ($11,218) from Article 10 at the 2004 Eleven Thousand Two Hundred Eighteen Dollars ($11,218) from Article 10 at the 2004 Eleven Thousand Two Hundred Eighteen Dollars ($11,218) from Article 10 at the 2004 Annual Town Annual Town Annual Town Annual Town MMMMeeting (Peeting (Peeting (Peeting (Public Works Replacement Bobcat);ublic Works Replacement Bobcat);ublic Works Replacement Bobcat);ublic Works Replacement Bobcat); e.e.e.e. Nine Thousand Three Hundred SixtyNine Thousand Three Hundred SixtyNine Thousand Three Hundred SixtyNine Thousand Three Hundred Sixty----One DollarOne DollarOne DollarOne Dollars ($9,361) from Article 10 at the 2006 s ($9,361) from Article 10 at the 2006 s ($9,361) from Article 10 at the 2006 s ($9,361) from Article 10 at the 2006 Annual Town Annual Town Annual Town Annual Town MMMMeeting (Our Island eeting (Our Island eeting (Our Island eeting (Our Island Home Purchase Replacement Van);Home Purchase Replacement Van);Home Purchase Replacement Van);Home Purchase Replacement Van); f. Five Thousand Nine Hundred and Nine Dollars ($5,909) from Article 10 at the 2005 Five Thousand Nine Hundred and Nine Dollars ($5,909) from Article 10 at the 2005 Five Thousand Nine Hundred and Nine Dollars ($5,909) from Article 10 at the 2005 Five Thousand Nine Hundred and Nine Dollars ($5,909) from Article 10 at the 2005 Annual Town Meeting (Public Works Replacement Pick Ups with Plows)Annual Town Meeting (Public Works Replacement Pick Ups with Plows)Annual Town Meeting (Public Works Replacement Pick Ups with Plows)Annual Town Meeting (Public Works Replacement Pick Ups with Plows);;;; g.g.g.g. FourFourFourFour Thousand Nine Hundred Thirty Thousand Nine Hundred Thirty Thousand Nine Hundred Thirty Thousand Nine Hundred Thirty----ffffive Dollars ($4,935) from Article 10 at the 2004 ive Dollars ($4,935) from Article 10 at the 2004 ive Dollars ($4,935) from Article 10 at the 2004 ive Dollars ($4,935) from Article 10 at the 2004 Annual Town Annual Town Annual Town Annual Town MMMMeeting (eeting (eeting (eeting (Town Clerk Shelving for Vaults);Town Clerk Shelving for Vaults);Town Clerk Shelving for Vaults);Town Clerk Shelving for Vaults); h.h.h.h. Two Hundred ThirtyTwo Hundred ThirtyTwo Hundred ThirtyTwo Hundred Thirty----two Dollars ($232) from Article 2 at the 2008 Annual Town meeting two Dollars ($232) from Article 2 at the 2008 Annual Town meeting two Dollars ($232) from Article 2 at the 2008 Annual Town meeting two Dollars ($232) from Article 2 at the 2008 Annual Town meeting (Unpaid Bills)(Unpaid Bills)(Unpaid Bills)(Unpaid Bills);;;; i.i.i.i. Thirty Dollars ($3Thirty Dollars ($3Thirty Dollars ($3Thirty Dollars ($30) from Article 10 at the 2004 Annual Town Meeting (Fire Dept 0) from Article 10 at the 2004 Annual Town Meeting (Fire Dept 0) from Article 10 at the 2004 Annual Town Meeting (Fire Dept 0) from Article 10 at the 2004 Annual Town Meeting (Fire Dept Replace Ladder Truck)Replace Ladder Truck)Replace Ladder Truck)Replace Ladder Truck);;;; further, that Nineteen Thousand Five Hundred Eightyfurther, that Nineteen Thousand Five Hundred Eightyfurther, that Nineteen Thousand Five Hundred Eightyfurther, that Nineteen Thousand Five Hundred Eighty----three Dollars ($19,583) be appropriated three Dollars ($19,583) be appropriated three Dollars ($19,583) be appropriated three Dollars ($19,583) be appropriated from the prior year Articles, the purposes of which have been completed, for tfrom the prior year Articles, the purposes of which have been completed, for tfrom the prior year Articles, the purposes of which have been completed, for tfrom the prior year Articles, the purposes of which have been completed, for the he he he Nantucket Nantucket Nantucket Nantucket High School Building ImprovementsHigh School Building ImprovementsHigh School Building ImprovementsHigh School Building Improvements item: item: item: item: a.a.a.a. Eleven Thousand Eight Hundred FortyEleven Thousand Eight Hundred FortyEleven Thousand Eight Hundred FortyEleven Thousand Eight Hundred Forty----five Dollars ($11,845) from Article 10 of the 2001 five Dollars ($11,845) from Article 10 of the 2001 five Dollars ($11,845) from Article 10 of the 2001 five Dollars ($11,845) from Article 10 of the 2001 Annual Town Meeting (School BuildingAnnual Town Meeting (School BuildingAnnual Town Meeting (School BuildingAnnual Town Meeting (School Building Improvements); Improvements); Improvements); Improvements); b.b.b.b. Three Thousand Six Hundred Fifteen Dollars ($3,615) from ArticlThree Thousand Six Hundred Fifteen Dollars ($3,615) from ArticlThree Thousand Six Hundred Fifteen Dollars ($3,615) from ArticlThree Thousand Six Hundred Fifteen Dollars ($3,615) from Article 10 of the 2005 e 10 of the 2005 e 10 of the 2005 e 10 of the 2005 Annual Town Meeting (School New PlAnnual Town Meeting (School New PlAnnual Town Meeting (School New PlAnnual Town Meeting (School New Playing Fields);aying Fields);aying Fields);aying Fields); Page 12 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions c.c.c.c. Two Thousand SeventyTwo Thousand SeventyTwo Thousand SeventyTwo Thousand Seventy----three Dollars ($2,073) from Article 10 of the 2006 Annual Town three Dollars ($2,073) from Article 10 of the 2006 Annual Town three Dollars ($2,073) from Article 10 of the 2006 Annual Town three Dollars ($2,073) from Article 10 of the 2006 Annual Town Meeting (School CPS BuildingMeeting (School CPS BuildingMeeting (School CPS BuildingMeeting (School CPS Building Improvements); Improvements); Improvements); Improvements); d.d.d.d. One Thousand Four Hundred FiftyOne Thousand Four Hundred FiftyOne Thousand Four Hundred FiftyOne Thousand Four Hundred Fifty----three Dollars ($1,453) from Arthree Dollars ($1,453) from Arthree Dollars ($1,453) from Arthree Dollars ($1,453) from Article 10 of the 2006 ticle 10 of the 2006 ticle 10 of the 2006 ticle 10 of the 2006 Annual Town Meeting (School NES BuildingAnnual Town Meeting (School NES BuildingAnnual Town Meeting (School NES BuildingAnnual Town Meeting (School NES Building Improvements); Improvements); Improvements); Improvements); e.e.e.e. Five Hundred EightyFive Hundred EightyFive Hundred EightyFive Hundred Eighty----three Dollars ($583) from Article 10 of the 2005 Annual Town three Dollars ($583) from Article 10 of the 2005 Annual Town three Dollars ($583) from Article 10 of the 2005 Annual Town three Dollars ($583) from Article 10 of the 2005 Annual Town Meeting (School ComMeeting (School ComMeeting (School ComMeeting (School Computers and Technical Equipment);puters and Technical Equipment);puters and Technical Equipment);puters and Technical Equipment); f.f.f.f. Fourteen Dollars ($14) from Article 10 of the Fourteen Dollars ($14) from Article 10 of the Fourteen Dollars ($14) from Article 10 of the Fourteen Dollars ($14) from Article 10 of the 1998 Annual Town Meeting (School 1998 Annual Town Meeting (School 1998 Annual Town Meeting (School 1998 Annual Town Meeting (School Parking Area ExpanParking Area ExpanParking Area ExpanParking Area Expansion);sion);sion);sion); further, that One Hundred further, that One Hundred further, that One Hundred further, that One Hundred EightyEightyEightyEighty----eight Thousand Seven Hundred Fiftyeight Thousand Seven Hundred Fiftyeight Thousand Seven Hundred Fiftyeight Thousand Seven Hundred Fifty----six Dollarssix Dollarssix Dollarssix Dollars ($ ($ ($ ($188,756188,756188,756188,756) ) ) ) be appropriated from the prior year Articles, the purposes of which have been completed, for be appropriated from the prior year Articles, the purposes of which have been completed, for be appropriated from the prior year Articles, the purposes of which have been completed, for be appropriated from the prior year Articles, the purposes of which have been completed, for the space recthe space recthe space recthe space reconfiguration design, permitting, and construction at 20 South Water Street item:onfiguration design, permitting, and construction at 20 South Water Street item:onfiguration design, permitting, and construction at 20 South Water Street item:onfiguration design, permitting, and construction at 20 South Water Street item: a.a.a.a. SeventySeventySeventySeventy----eight Thousand Nine Hundred Eightyeight Thousand Nine Hundred Eightyeight Thousand Nine Hundred Eightyeight Thousand Nine Hundred Eighty----ffffour Dollars ($78,984) from Article 10 of our Dollars ($78,984) from Article 10 of our Dollars ($78,984) from Article 10 of our Dollars ($78,984) from Article 10 of the 2006 Annual Town Meeting (Our Island Home Addition)the 2006 Annual Town Meeting (Our Island Home Addition)the 2006 Annual Town Meeting (Our Island Home Addition)the 2006 Annual Town Meeting (Our Island Home Addition);;;; b.b.b.b. Fifty Thousand Dollars ($5Fifty Thousand Dollars ($5Fifty Thousand Dollars ($5Fifty Thousand Dollars ($50,000) from Article 10 of the 2003 Annual Town Meeting (Our0,000) from Article 10 of the 2003 Annual Town Meeting (Our0,000) from Article 10 of the 2003 Annual Town Meeting (Our0,000) from Article 10 of the 2003 Annual Town Meeting (Our Island Home Interior Upgrades);Island Home Interior Upgrades);Island Home Interior Upgrades);Island Home Interior Upgrades); c.c.c.c. TwentyTwentyTwentyTwenty----two Thousand Eight Hundred Ten Dollars ($22,810) from Article 10 at the 2007 two Thousand Eight Hundred Ten Dollars ($22,810) from Article 10 at the 2007 two Thousand Eight Hundred Ten Dollars ($22,810) from Article 10 at the 2007 two Thousand Eight Hundred Ten Dollars ($22,810) from Article 10 at the 2007 Annual Town meeting (Our Island Home Replace Hot Water System)Annual Town meeting (Our Island Home Replace Hot Water System)Annual Town meeting (Our Island Home Replace Hot Water System)Annual Town meeting (Our Island Home Replace Hot Water System);;;; d.d.d.d. Fifteen ThFifteen ThFifteen ThFifteen Thousand Eight Hundred Fortyousand Eight Hundred Fortyousand Eight Hundred Fortyousand Eight Hundred Forty----Four Dollars ($15,844) from Article 10 of the Four Dollars ($15,844) from Article 10 of the Four Dollars ($15,844) from Article 10 of the Four Dollars ($15,844) from Article 10 of the 2007 Annual Town Meeting (Repairs Town Building)2007 Annual Town Meeting (Repairs Town Building)2007 Annual Town Meeting (Repairs Town Building)2007 Annual Town Meeting (Repairs Town Building);;;; e.e.e.e. Seven Thousand Seven Hundred SeventySeven Thousand Seven Hundred SeventySeven Thousand Seven Hundred SeventySeven Thousand Seven Hundred Seventy----seven Dollars ($7,777) from Article 10 at the seven Dollars ($7,777) from Article 10 at the seven Dollars ($7,777) from Article 10 at the seven Dollars ($7,777) from Article 10 at the 2007 Annual Town Meeting (Public Works Quaker R2007 Annual Town Meeting (Public Works Quaker R2007 Annual Town Meeting (Public Works Quaker R2007 Annual Town Meeting (Public Works Quaker Road Sidewalk)oad Sidewalk)oad Sidewalk)oad Sidewalk);;;; f.f.f.f. Six Thousand Five Hundred FiftySix Thousand Five Hundred FiftySix Thousand Five Hundred FiftySix Thousand Five Hundred Fifty----Nine Dollars ($6,559) from Article 10 at the 1998 Nine Dollars ($6,559) from Article 10 at the 1998 Nine Dollars ($6,559) from Article 10 at the 1998 Nine Dollars ($6,559) from Article 10 at the 1998 Annual Town Annual Town Annual Town Annual Town MMMMeeting (Peeting (Peeting (Peeting (Public Works Repair Garage Roof);ublic Works Repair Garage Roof);ublic Works Repair Garage Roof);ublic Works Repair Garage Roof); g.g.g.g. Five Thousand Nine Five Thousand Nine Five Thousand Nine Five Thousand Nine Hundred TwentyHundred TwentyHundred TwentyHundred Twenty----eight Dollars ($5,928) from Article 10 at the 2004 eight Dollars ($5,928) from Article 10 at the 2004 eight Dollars ($5,928) from Article 10 at the 2004 eight Dollars ($5,928) from Article 10 at the 2004 Annual Town MAnnual Town MAnnual Town MAnnual Town Meeting (Selectmen Acquisition of 1 Norwood Street)eeting (Selectmen Acquisition of 1 Norwood Street)eeting (Selectmen Acquisition of 1 Norwood Street)eeting (Selectmen Acquisition of 1 Norwood Street);;;; h.h.h.h. Eight Hundred FiftyEight Hundred FiftyEight Hundred FiftyEight Hundred Fifty----ffffour Dollars ($854) from Article 10 at the 2005 Annual Town our Dollars ($854) from Article 10 at the 2005 Annual Town our Dollars ($854) from Article 10 at the 2005 Annual Town our Dollars ($854) from Article 10 at the 2005 Annual Town Meeting (Public Works Repair Bicycle Paths & Sidewalks)Meeting (Public Works Repair Bicycle Paths & Sidewalks)Meeting (Public Works Repair Bicycle Paths & Sidewalks)Meeting (Public Works Repair Bicycle Paths & Sidewalks);;;; further, that Thirtyfurther, that Thirtyfurther, that Thirtyfurther, that Thirty----five Thousand Dollars ($35,000) be approprfive Thousand Dollars ($35,000) be approprfive Thousand Dollars ($35,000) be approprfive Thousand Dollars ($35,000) be appropriated from the prior year Articles, iated from the prior year Articles, iated from the prior year Articles, iated from the prior year Articles, the purposes of which have been completed, for the cthe purposes of which have been completed, for the cthe purposes of which have been completed, for the cthe purposes of which have been completed, for the conversion of onversion of onversion of onversion of the hthe hthe hthe heating eating eating eating ssssystem located ystem located ystem located ystem located at 2 Fairgrounds Roadat 2 Fairgrounds Roadat 2 Fairgrounds Roadat 2 Fairgrounds Road item: item: item: item: a.a.a.a. Eleven Thousand Five Hundred Fifty Dollars ($11,550) from Article 10 at the 2006 Eleven Thousand Five Hundred Fifty Dollars ($11,550) from Article 10 at the 2006 Eleven Thousand Five Hundred Fifty Dollars ($11,550) from Article 10 at the 2006 Eleven Thousand Five Hundred Fifty Dollars ($11,550) from Article 10 at the 2006 Annual Town MeeAnnual Town MeeAnnual Town MeeAnnual Town Meeting (Information Systems GIS Map Update)ting (Information Systems GIS Map Update)ting (Information Systems GIS Map Update)ting (Information Systems GIS Map Update);;;; b.b.b.b. Fifteen Thousand Dollars ($15,000) from Article 10 at the 2006 Annual Town Meeting Fifteen Thousand Dollars ($15,000) from Article 10 at the 2006 Annual Town Meeting Fifteen Thousand Dollars ($15,000) from Article 10 at the 2006 Annual Town Meeting Fifteen Thousand Dollars ($15,000) from Article 10 at the 2006 Annual Town Meeting (Public Works Engineering Landfill Emergency Water Supply(Public Works Engineering Landfill Emergency Water Supply(Public Works Engineering Landfill Emergency Water Supply(Public Works Engineering Landfill Emergency Water Supply;;;; c.c.c.c. Eight Thousand Four Hundred Fifty Dollars ($8,450) from Article 1Eight Thousand Four Hundred Fifty Dollars ($8,450) from Article 1Eight Thousand Four Hundred Fifty Dollars ($8,450) from Article 1Eight Thousand Four Hundred Fifty Dollars ($8,450) from Article 10 at the 1998 Annual 0 at the 1998 Annual 0 at the 1998 Annual 0 at the 1998 Annual Town meeting (Public Works Repair Garage Roof)Town meeting (Public Works Repair Garage Roof)Town meeting (Public Works Repair Garage Roof)Town meeting (Public Works Repair Garage Roof).... 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. Page 13 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLEARTICLEARTICLEARTICLE 11 11 11 11 (Acceptance of Massachusetts Ge(Acceptance of Massachusetts Ge(Acceptance of Massachusetts Ge(Acceptance of Massachusetts General Law to Establish Separateneral Law to Establish Separateneral Law to Establish Separateneral Law to Establish Separate Enterprise Fund forEnterprise Fund forEnterprise Fund forEnterprise Fund for Our Island Home) Our Island Home) Our Island Home) Our Island Home) To see if the Town will vote to accept the provisions of G. L. Ch. 44, s. 53F½ to establish, beginning July 1, 2010 and continuing thereafter, a separate Our Island Home Enterprise Fund in the treasury of the Town for the Town-operated health care facility known as Our Island Home, into which Fund shall be deposited all receipts, revenues and funds from any source derived from all activities of Our Island Home, which Fund shall be applied pursuant to the processes described in said G. L. Ch. 44, s. 53F½ to pay for some or all of the expenses of operating, maintaining, and improving Our Island Home, all under the jurisdiction of the Town Manager and Board of Selectmen in accordance with the Charter of the Town of Nantucket, or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that, pursuant to the proviFINANCE COMMITTEE MOTION: Moved that, pursuant to the proviFINANCE COMMITTEE MOTION: Moved that, pursuant to the proviFINANCE COMMITTEE MOTION: Moved that, pursuant to the provisions of G.L. Ch. 44, s. sions of G.L. Ch. 44, s. sions of G.L. Ch. 44, s. sions of G.L. Ch. 44, s. 53F½, 53F½, 53F½, 53F½, a separate enterprise fund is established in the Treasury of the Town for a separate enterprise fund is established in the Treasury of the Town for a separate enterprise fund is established in the Treasury of the Town for a separate enterprise fund is established in the Treasury of the Town for the Townthe Townthe Townthe Town---- operated health care facility knoperated health care facility knoperated health care facility knoperated health care facility known as Our Island Home, into which Fund shall be deposited all own as Our Island Home, into which Fund shall be deposited all own as Our Island Home, into which Fund shall be deposited all own as Our Island Home, into which Fund shall be deposited all receipts, revenues and funds from any source derived from all activities of Our Ireceipts, revenues and funds from any source derived from all activities of Our Ireceipts, revenues and funds from any source derived from all activities of Our Ireceipts, revenues and funds from any source derived from all activities of Our Island Home, sland Home, sland Home, sland Home, which Fund shall be which Fund shall be which Fund shall be which Fund shall be applied pursuant to the processes described in said G. L. Ch. 44, s. 53F½ applied pursuant to the processes described in said G. L. Ch. 44, s. 53F½ applied pursuant to the processes described in said G. L. Ch. 44, s. 53F½ applied pursuant to the processes described in said G. L. Ch. 44, s. 53F½ to payto payto payto pay for some or all of the expenses of operating, maintaining, and improving Our Island for some or all of the expenses of operating, maintaining, and improving Our Island for some or all of the expenses of operating, maintaining, and improving Our Island for some or all of the expenses of operating, maintaining, and improving Our Island Home, all under the jurisdiction of the Town Manager and Board of Selectmen in accordance Home, all under the jurisdiction of the Town Manager and Board of Selectmen in accordance Home, all under the jurisdiction of the Town Manager and Board of Selectmen in accordance Home, all under the jurisdiction of the Town Manager and Board of Selectmen in accordance with the Charter of the Town of Nantucketwith the Charter of the Town of Nantucketwith the Charter of the Town of Nantucketwith the Charter of the Town of Nantucket, beginning July 1, 2010 and continuing , beginning July 1, 2010 and continuing , beginning July 1, 2010 and continuing , beginning July 1, 2010 and continuing thereafter.thereafter.thereafter.thereafter. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 12ARTICLE 12ARTICLE 12ARTICLE 12 (Appropriation: Enterprise Funds Operations)(Appropriation: Enterprise Funds Operations)(Appropriation: Enterprise Funds Operations)(Appropriation: Enterprise Funds Operations) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the operation of the Enterprise Funds of the Town of Nantucket for Fiscal Year 2011, out of anticipated revenues of the designated funds, for the purposes set forth above. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2011 operating FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2011 operating FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2011 operating FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2011 operating budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be expended through the Siasconset Water Commission; expended through the Siasconset Water Commission; expended through the Siasconset Water Commission; expended through the Siasconset Water Commission; the Wannacomet Water appropriation to the Wannacomet Water appropriation to the Wannacomet Water appropriation to the Wannacomet Water appropriation to be expended through the Nantucket Water be expended through the Nantucket Water be expended through the Nantucket Water be expended through the Nantucket Water Commission; the Airport appropriation to be Commission; the Airport appropriation to be Commission; the Airport appropriation to be Commission; the Airport appropriation to be expended through the Nantucket Airport Commission;expended through the Nantucket Airport Commission;expended through the Nantucket Airport Commission;expended through the Nantucket Airport Commission; the remaining appropriations to be spent the remaining appropriations to be spent the remaining appropriations to be spent the remaining appropriations to be spent through the Board of Selectmen:through the Board of Selectmen:through the Board of Selectmen:through the Board of Selectmen: FY 20FY 20FY 20FY 2011111111 FY 20FY 20FY 20FY 2011111111 FY 20FY 20FY 20FY 2011111111 FY 2010FY 2010FY 2010FY 2010 FUNDFUNDFUNDFUND PAYROLLPAYROLLPAYROLLPAYROLL EXPENSESEXPENSESEXPENSESEXPENSES TOTAL TOTAL TOTAL TOTAL BUDGETBUDGETBUDGETBUDGET TOTAL TOTAL TOTAL TOTAL BUDGETBUDGETBUDGETBUDGET AirportAirportAirportAirport $ 3,791,661$ 3,791,661$ 3,791,661$ 3,791,661 $ 7,463,979$ 7,463,979$ 7,463,979$ 7,463,979 $11,255,640$11,255,640$11,255,640$11,255,640 $ 13,330,690$ 13,330,690$ 13,330,690$ 13,330,690 Page 14 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Our Island HomeOur Island HomeOur Island HomeOur Island Home $ 5,382,023$ 5,382,023$ 5,382,023$ 5,382,023 $ 1,196,018$ 1,196,018$ 1,196,018$ 1,196,018 $ 6,578,041$ 6,578,041$ 6,578,041$ 6,578,041 N/AN/AN/AN/A Sewer ( includes Sewer ( includes Sewer ( includes Sewer ( includes Wastewater Treatment; Wastewater Treatment; Wastewater Treatment; Wastewater Treatment; Collection Collection Collection Collection & Disposal; and & Disposal; and & Disposal; and & Disposal; and Siasconset plant)Siasconset plant)Siasconset plant)Siasconset plant) $ 862,400$ 862,400$ 862,400$ 862,400 $ 4,384,150$ 4,384,150$ 4,384,150$ 4,384,150 $ 5,246,550$ 5,246,550$ 5,246,550$ 5,246,550 $ 5,412,550$ 5,412,550$ 5,412,550$ 5,412,550 Siasconset WaterSiasconset WaterSiasconset WaterSiasconset Water $ 134,100$ 134,100$ 134,100$ 134,100 $ 768,150$ 768,150$ 768,150$ 768,150 $ 902,250$ 902,250$ 902,250$ 902,250 $ 978,380$ 978,380$ 978,380$ 978,380 Solid WasteSolid WasteSolid WasteSolid Waste $ 49,000$ 49,000$ 49,000$ 49,000 $ 6,675,191 $ 6,675,191 $ 6,675,191 $ 6,675,191 $ 6,724,191$ 6,724,191$ 6,724,191$ 6,724,191 $ 7,188,117$ 7,188,117$ 7,188,117$ 7,188,117 WWWWannacomet Watannacomet Watannacomet Watannacomet Waterererer $ 1,385,890$ 1,385,890$ 1,385,890$ 1,385,890 $ 2,688,415$ 2,688,415$ 2,688,415$ 2,688,415 $ 4,074,305$ 4,074,305$ 4,074,305$ 4,074,305 $ 4,047,750$ 4,047,750$ 4,047,750$ 4,047,750 TOTALTOTALTOTALTOTAL $ 11,605,074$ 11,605,074$ 11,605,074$ 11,605,074 $ 23,175,903$ 23,175,903$ 23,175,903$ 23,175,903 $34,780,977$34,780,977$34,780,977$34,780,977 $ 30,957,487$ 30,957,487$ 30,957,487$ 30,957,487 Further, that the above appropriations be funded as follows:Further, that the above appropriations be funded as follows:Further, that the above appropriations be funded as follows:Further, that the above appropriations be funded as follows: FUNDFUNDFUNDFUND FUNDING SOURCESFUNDING SOURCESFUNDING SOURCESFUNDING SOURCES AMOUNTSAMOUNTSAMOUNTSAMOUNTS AirportAirportAirportAirport FY FY FY FY 11111111 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $ 11,$ 11,$ 11,$ 11,255255255255,640,640,640,640 Our Island HomeOur Island HomeOur Island HomeOur Island Home FY 11 Anticipated RevenuesFY 11 Anticipated RevenuesFY 11 Anticipated RevenuesFY 11 Anticipated Revenues $ 3,3$ 3,3$ 3,3$ 3,366665,0005,0005,0005,000 Our Island HomeOur Island HomeOur Island HomeOur Island Home FY11 Tax Levy and Other General RevenuesFY11 Tax Levy and Other General RevenuesFY11 Tax Levy and Other General RevenuesFY11 Tax Levy and Other General Revenues $ 3,213,041$ 3,213,041$ 3,213,041$ 3,213,041 SewerSewerSewerSewer FY 11FY 11FY 11FY 11 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $ 5,246,550$ 5,246,550$ 5,246,550$ 5,246,550 Solid WasteSolid WasteSolid WasteSolid Waste FY FY FY FY 11111111 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $ 2,374,691$ 2,374,691$ 2,374,691$ 2,374,691 Solid WasteSolid WasteSolid WasteSolid Waste FYFYFYFY 11111111 Tax Levy and Other General Revenue Tax Levy and Other General Revenue Tax Levy and Other General Revenue Tax Levy and Other General Revenuessss $ 4,349,500$ 4,349,500$ 4,349,500$ 4,349,500 Siasconset WaterSiasconset WaterSiasconset WaterSiasconset Water FY FY FY FY 11111111 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $ 902,250$ 902,250$ 902,250$ 902,250 Wannacomet WaterWannacomet WaterWannacomet WaterWannacomet Water FY FY FY FY 11111111 Anticipated Revenues Anticipated Revenues Anticipated Revenues Anticipated Revenues $ 4,074,305$ 4,074,305$ 4,074,305$ 4,074,305 TOTAL FUNDING SOURCESTOTAL FUNDING SOURCESTOTAL FUNDING SOURCESTOTAL FUNDING SOURCES $34,780,977 $34,780,977 $34,780,977 $34,780,977 BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board o Board o Board o Board of Selectmen supports the Finance f Selectmen supports the Finance f Selectmen supports the Finance f Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLARTICLARTICLARTICLE 13E 13E 13E 13 (Appropriation: Enterprise Funds Capital Expenditures)(Appropriation: Enterprise Funds Capital Expenditures)(Appropriation: Enterprise Funds Capital Expenditures)(Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate from the sources indicated below, for the purposes of capital expenditures in Fiscal Year 2011 for the Enterprise Funds established under the jurisdiction of the Town of Nantucket. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be Moved that the following capital expenditures be Moved that the following capital expenditures be Moved that the following capital expenditures be appropriated for the Entappropriated for the Entappropriated for the Entappropriated for the Enterprise Fund departments for Fiscal Year 2011 with the Airport erprise Fund departments for Fiscal Year 2011 with the Airport erprise Fund departments for Fiscal Year 2011 with the Airport erprise Fund departments for Fiscal Year 2011 with the Airport appropriations to be expended through the Airport Commission; the Our Island Home appropriations to be expended through the Airport Commission; the Our Island Home appropriations to be expended through the Airport Commission; the Our Island Home appropriations to be expended through the Airport Commission; the Our Island Home Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Board of Selectmen; Board of Selectmen; Board of Selectmen; Board of Selectmen; the Sewer Enterprise and Solid Waste Enterprise Fund appropriations to the Sewer Enterprise and Solid Waste Enterprise Fund appropriations to the Sewer Enterprise and Solid Waste Enterprise Fund appropriations to the Sewer Enterprise and Solid Waste Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Board of Selectmen/Board of be expended by the Town Manager with the approval of the Board of Selectmen/Board of be expended by the Town Manager with the approval of the Board of Selectmen/Board of be expended by the Town Manager with the approval of the Board of Selectmen/Board of Public Works/Sewer Commissioners; the Siasconset Water appropriations to be expended Public Works/Sewer Commissioners; the Siasconset Water appropriations to be expended Public Works/Sewer Commissioners; the Siasconset Water appropriations to be expended Public Works/Sewer Commissioners; the Siasconset Water appropriations to be expended through the Siathrough the Siathrough the Siathrough the Siasconset Water Commission; the Wannacomet Water appropriations to be sconset Water Commission; the Wannacomet Water appropriations to be sconset Water Commission; the Wannacomet Water appropriations to be sconset Water Commission; the Wannacomet Water appropriations to be expended through the Nantucket Water Commission:expended through the Nantucket Water Commission:expended through the Nantucket Water Commission:expended through the Nantucket Water Commission: DEPARTMENTDEPARTMENTDEPARTMENTDEPARTMENT ITEMITEMITEMITEM AMOUNTAMOUNTAMOUNTAMOUNT AirportAirportAirportAirport Professional services for environmental permitting and engineering Professional services for environmental permitting and engineering Professional services for environmental permitting and engineering Professional services for environmental permitting and engineering costs associated with Ramp Extension costs associated with Ramp Extension costs associated with Ramp Extension costs associated with Ramp Extension $$$$ 750,000 750,000 750,000 750,000 Page 15 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions AirportAirportAirportAirport Purchase of new airfield vehicles and equipmentPurchase of new airfield vehicles and equipmentPurchase of new airfield vehicles and equipmentPurchase of new airfield vehicles and equipment $$$$ 250,000 250,000 250,000 250,000 AirportAirportAirportAirport Professional services for costs associated with replacing ramp lights.Professional services for costs associated with replacing ramp lights.Professional services for costs associated with replacing ramp lights.Professional services for costs associated with replacing ramp lights. $$$$ 400,000 400,000 400,000 400,000 AirportAirportAirportAirport Professional services for costs associated with fuel truck containmenProfessional services for costs associated with fuel truck containmenProfessional services for costs associated with fuel truck containmenProfessional services for costs associated with fuel truck containment t t t improvements.improvements.improvements.improvements. $$$$ 500,000 500,000 500,000 500,000 AirportAirportAirportAirport Replace frame work and fire suppression system in Fuel FarmReplace frame work and fire suppression system in Fuel FarmReplace frame work and fire suppression system in Fuel FarmReplace frame work and fire suppression system in Fuel Farm $$$$ 300,000 300,000 300,000 300,000 AirportAirportAirportAirport Professional services for costs associated with renovations to the Professional services for costs associated with renovations to the Professional services for costs associated with renovations to the Professional services for costs associated with renovations to the Airport Administration Building and the dismantling and removal of Airport Administration Building and the dismantling and removal of Airport Administration Building and the dismantling and removal of Airport Administration Building and the dismantling and removal of the the the the TSA / FBO building.TSA / FBO building.TSA / FBO building.TSA / FBO building. $$$$ 1,500,000 1,500,000 1,500,000 1,500,000 AirportAirportAirportAirport Professional services for costs associated with parking lot Professional services for costs associated with parking lot Professional services for costs associated with parking lot Professional services for costs associated with parking lot improvements and landscaping.improvements and landscaping.improvements and landscaping.improvements and landscaping. $$$$ 400,000 400,000 400,000 400,000 Subtotal Airport EnterpriseSubtotal Airport EnterpriseSubtotal Airport EnterpriseSubtotal Airport Enterprise $$$$ 4,100,0004,100,0004,100,0004,100,000 Our Island HomeOur Island HomeOur Island HomeOur Island Home Replacement of (1) fuel tank.Replacement of (1) fuel tank.Replacement of (1) fuel tank.Replacement of (1) fuel tank. $$$$ 50,000 50,000 50,000 50,000 Subtotal Subtotal Subtotal Subtotal Our Island Home EnterpriseOur Island Home EnterpriseOur Island Home EnterpriseOur Island Home Enterprise $ $ $ $ 50,00050,00050,00050,000 SewerSewerSewerSewer Professional services for the design of the Madaket Wastewater Professional services for the design of the Madaket Wastewater Professional services for the design of the Madaket Wastewater Professional services for the design of the Madaket Wastewater Treatment FacilityTreatment FacilityTreatment FacilityTreatment Facility $$$$ 350,000 350,000 350,000 350,000 Subtotal Subtotal Subtotal Subtotal Sewer Sewer Sewer Sewer EnterpriseEnterpriseEnterpriseEnterprise $$$$ 350,000 350,000 350,000 350,000 Siasconset WaterSiasconset WaterSiasconset WaterSiasconset Water Professional services for design, permitting, construction, and other Professional services for design, permitting, construction, and other Professional services for design, permitting, construction, and other Professional services for design, permitting, construction, and other costs associated with Baxter Road water main replacement.costs associated with Baxter Road water main replacement.costs associated with Baxter Road water main replacement.costs associated with Baxter Road water main replacement. $ 1,750,000$ 1,750,000$ 1,750,000$ 1,750,000 SiasconsSiasconsSiasconsSiasconset Wateret Wateret Wateret Water Professional services for costs associated with dismantling New Street Professional services for costs associated with dismantling New Street Professional services for costs associated with dismantling New Street Professional services for costs associated with dismantling New Street water storage tank.water storage tank.water storage tank.water storage tank. $$$$ 500,000 500,000 500,000 500,000 Siasconset WaterSiasconset WaterSiasconset WaterSiasconset Water Professional services for design, permitting, construction, and other Professional services for design, permitting, construction, and other Professional services for design, permitting, construction, and other Professional services for design, permitting, construction, and other costs associated with Baxter Road water main replacemencosts associated with Baxter Road water main replacemencosts associated with Baxter Road water main replacemencosts associated with Baxter Road water main replacement.t.t.t. $$$$ 350,000 350,000 350,000 350,000 Subtotal Siasconset Water EnterpriseSubtotal Siasconset Water EnterpriseSubtotal Siasconset Water EnterpriseSubtotal Siasconset Water Enterprise $ 2,600,000$ 2,600,000$ 2,600,000$ 2,600,000 Solid WasteSolid WasteSolid WasteSolid Waste Professional services for design, permitting, and other costs Professional services for design, permitting, and other costs Professional services for design, permitting, and other costs Professional services for design, permitting, and other costs associated with landfill mining.associated with landfill mining.associated with landfill mining.associated with landfill mining. $$$$ 631,000 631,000 631,000 631,000 Subtotal Solid Waste EnterpriseSubtotal Solid Waste EnterpriseSubtotal Solid Waste EnterpriseSubtotal Solid Waste Enterprise $ $ $ $ 631,000631,000631,000631,000 Wannacomet Wannacomet Wannacomet Wannacomet WaterWaterWaterWater Professional services for permitting and other costs associated with Professional services for permitting and other costs associated with Professional services for permitting and other costs associated with Professional services for permitting and other costs associated with repairs and rerepairs and rerepairs and rerepairs and re----painting of Washing Pond Water Towerpainting of Washing Pond Water Towerpainting of Washing Pond Water Towerpainting of Washing Pond Water Tower $$$$ 850,000 850,000 850,000 850,000 Wannacomet Wannacomet Wannacomet Wannacomet WaterWaterWaterWater Professional services for design, permitting, construction, and other Professional services for design, permitting, construction, and other Professional services for design, permitting, construction, and other Professional services for design, permitting, construction, and other costs associated with installationcosts associated with installationcosts associated with installationcosts associated with installation of Madaket Water Main of Madaket Water Main of Madaket Water Main of Madaket Water Main $ 1,200,000$ 1,200,000$ 1,200,000$ 1,200,000 Subtotal Wannacomet Water EnterpriseSubtotal Wannacomet Water EnterpriseSubtotal Wannacomet Water EnterpriseSubtotal Wannacomet Water Enterprise $$$$ 2,050,000 2,050,000 2,050,000 2,050,000 TOTALTOTALTOTALTOTAL $$$$ 9,781,000 9,781,000 9,781,000 9,781,000 And, to meet the appropriations, that the following funding sources to be used:And, to meet the appropriations, that the following funding sources to be used:And, to meet the appropriations, that the following funding sources to be used:And, to meet the appropriations, that the following funding sources to be used: FUNDING SOUFUNDING SOUFUNDING SOUFUNDING SOURCERCERCERCE AMOUNTAMOUNTAMOUNTAMOUNT Airport, BorrowingAirport, BorrowingAirport, BorrowingAirport, Borrowing $ $ $ $ 4,100,0004,100,0004,100,0004,100,000 Our Island Home, Our Island Home, Our Island Home, Our Island Home, Free Cash in the Treasury of the TownFree Cash in the Treasury of the TownFree Cash in the Treasury of the TownFree Cash in the Treasury of the Town $ $ $ $ 50,00050,00050,00050,000 Sewer, Retained EarningsSewer, Retained EarningsSewer, Retained EarningsSewer, Retained Earnings $ $ $ $ 350,000350,000350,000350,000 Siasconset Water, BorrowingSiasconset Water, BorrowingSiasconset Water, BorrowingSiasconset Water, Borrowing $$$$ 2,600,000 2,600,000 2,600,000 2,600,000 Solid Waste, Free Cash in the Treasury of the TownSolid Waste, Free Cash in the Treasury of the TownSolid Waste, Free Cash in the Treasury of the TownSolid Waste, Free Cash in the Treasury of the Town $ $ $ $ 631,000631,000631,000631,000 Wannacomet Water, BorrowingWannacomet Water, BorrowingWannacomet Water, BorrowingWannacomet Water, Borrowing $$$$ 2,050,000 2,050,000 2,050,000 2,050,000 TOTALTOTALTOTALTOTAL $$$$ 9,781,000 9,781,000 9,781,000 9,781,000 Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is authorized to borrow the sum of Four Million One Hundred authorized to borrow the sum of Four Million One Hundred authorized to borrow the sum of Four Million One Hundred authorized to borrow the sum of Four Million One Hundred Thousand Dollars ($4,100,00Thousand Dollars ($4,100,00Thousand Dollars ($4,100,00Thousand Dollars ($4,100,000) 0) 0) 0) as a as a as a as a general obligation of the Town with the intent that any and all repayments and debt service (if general obligation of the Town with the intent that any and all repayments and debt service (if general obligation of the Town with the intent that any and all repayments and debt service (if general obligation of the Town with the intent that any and all repayments and debt service (if applicable) are to come from airport revenues, staapplicable) are to come from airport revenues, staapplicable) are to come from airport revenues, staapplicable) are to come from airport revenues, state grants, and federal grants; te grants, and federal grants; te grants, and federal grants; te grants, and federal grants; that Fiftythat Fiftythat Fiftythat Fifty---- Thousand Dollars ($50,000) be transferred from Free Cash in Thousand Dollars ($50,000) be transferred from Free Cash in Thousand Dollars ($50,000) be transferred from Free Cash in Thousand Dollars ($50,000) be transferred from Free Cash in the Treasury of the Town for the the Treasury of the Town for the the Treasury of the Town for the the Treasury of the Town for the Page 16 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Our Island Home fuel tank item; that Three Hundred Fifty Thousand Dollars ($350,000) be Our Island Home fuel tank item; that Three Hundred Fifty Thousand Dollars ($350,000) be Our Island Home fuel tank item; that Three Hundred Fifty Thousand Dollars ($350,000) be Our Island Home fuel tank item; that Three Hundred Fifty Thousand Dollars ($350,000) be transferred from Sewer Retained Earnings in the Treasury of the Town for the Madaket transferred from Sewer Retained Earnings in the Treasury of the Town for the Madaket transferred from Sewer Retained Earnings in the Treasury of the Town for the Madaket transferred from Sewer Retained Earnings in the Treasury of the Town for the Madaket Wastewater Treatment Facility design item; that thWastewater Treatment Facility design item; that thWastewater Treatment Facility design item; that thWastewater Treatment Facility design item; that the Treasurer of the Town is authorized to e Treasurer of the Town is authorized to e Treasurer of the Town is authorized to e Treasurer of the Town is authorized to borrow the sum of Two Million Six Hundred Thousand Dollars ($2,600,000) as a general borrow the sum of Two Million Six Hundred Thousand Dollars ($2,600,000) as a general borrow the sum of Two Million Six Hundred Thousand Dollars ($2,600,000) as a general borrow the sum of Two Million Six Hundred Thousand Dollars ($2,600,000) as a general obligation of the Town, with the intent that all repayments are to come from Siasconset Water obligation of the Town, with the intent that all repayments are to come from Siasconset Water obligation of the Town, with the intent that all repayments are to come from Siasconset Water obligation of the Town, with the intent that all repayments are to come from Siasconset Water revenues, state grants, and federal revenues, state grants, and federal revenues, state grants, and federal revenues, state grants, and federal grants; that Six Hundred Thirtygrants; that Six Hundred Thirtygrants; that Six Hundred Thirtygrants; that Six Hundred Thirty----one Thousand Dollars one Thousand Dollars one Thousand Dollars one Thousand Dollars ($631,000) be transferred from Free Cash in the Treasury of the Town for the solid waste ($631,000) be transferred from Free Cash in the Treasury of the Town for the solid waste ($631,000) be transferred from Free Cash in the Treasury of the Town for the solid waste ($631,000) be transferred from Free Cash in the Treasury of the Town for the solid waste landfill mining item; that the Treasurer of the Town is authorized to borrow the sum of Two landfill mining item; that the Treasurer of the Town is authorized to borrow the sum of Two landfill mining item; that the Treasurer of the Town is authorized to borrow the sum of Two landfill mining item; that the Treasurer of the Town is authorized to borrow the sum of Two Million Fifty ThousandMillion Fifty ThousandMillion Fifty ThousandMillion Fifty Thousand Dollars ($2,050,000), as a general obligation of the Town, with the intent Dollars ($2,050,000), as a general obligation of the Town, with the intent Dollars ($2,050,000), as a general obligation of the Town, with the intent Dollars ($2,050,000), as a general obligation of the Town, with the intent that all repayments are to come from the Wannacomet Water revenues.that all repayments are to come from the Wannacomet Water revenues.that all repayments are to come from the Wannacomet Water revenues.that all repayments are to come from the Wannacomet Water revenues. 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 14ARTICLE 14ARTICLE 14ARTICLE 14 (Enterp(Enterp(Enterp(Enterprise Funds: Fiscal Year 20rise Funds: Fiscal Year 20rise Funds: Fiscal Year 20rise Funds: Fiscal Year 2010101010 Budget Transfers) Budget Transfers) Budget Transfers) Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2010 Enterprise Fund operating budgets from other line items of said budgets and/or from Enterprise Surplus Reserve Funds. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved to take no action on the Article.to take no action on the Article.to take no action on the Article.to take no action on the Article. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 15ARTICLE 15ARTICLE 15ARTICLE 15 (Appropriation: FY 2010 Police and Fire Special Detail Fund(Appropriation: FY 2010 Police and Fire Special Detail Fund(Appropriation: FY 2010 Police and Fire Special Detail Fund(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 Moved that Moved that Moved that One Hundred One Hundred One Hundred One Hundred ThirtyThirtyThirtyThirty----fivefivefivefive Thousand Thousand Thousand Thousand Five Five Five Five Hundred Hundred Hundred Hundred Dollars ($1Dollars ($1Dollars ($1Dollars ($135353535,,,,555500)00)00)00) be appropriated from Free Cash in the Treasury of the Town to be appropriated from Free Cash in the Treasury of the Town to be appropriated from Free Cash in the Treasury of the Town to be appropriated from Free Cash in the Treasury of the Town to fund the costs associated with Policefund the costs associated with Policefund the costs associated with Policefund the costs associated with Police and Fire Special Duty Details. and Fire Special Duty Details. and Fire Special Duty Details. and Fire Special Duty Details. BOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMEN COMMENT: COMMENT: COMMENT: COMMENT: TheTheTheThe Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. Page 17 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLEARTICLEARTICLEARTICLE 16 16 16 16 (Appropriation: Waterways Improvement Fund)(Appropriation: Waterways Improvement Fund)(Appropriation: Waterways Improvement Fund)(Appropriation: Waterways Improvement Fund) To see what sum the Town will vote to appropriate from the revenue received under subsection (i) of section 2 of Chapter 60B and under section 10A of Chapter 91 and sums received from the Commonwealth or Federal Government for purposes established by M.G.L. Chapter 40 section 5G including but not limited to (1) maintenance , dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law, or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that One Hundred Fifty Thousand Dollars FINANCE COMMITTEE MOTION: Moved that One Hundred Fifty Thousand Dollars FINANCE COMMITTEE MOTION: Moved that One Hundred Fifty Thousand Dollars FINANCE COMMITTEE MOTION: Moved that One Hundred Fifty Thousand Dollars ($150,000) be appropriated from the Waterways Improvement Fund for the purpose of ($150,000) be appropriated from the Waterways Improvement Fund for the purpose of ($150,000) be appropriated from the Waterways Improvement Fund for the purpose of ($150,000) be appropriated from the Waterways Improvement Fund for the purpose of (1) (1) (1) (1) maintenance, dredging, clemaintenance, dredging, clemaintenance, dredging, clemaintenance, dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) aning and improvement of harbors, inland waters and great ponds, (2) aning and improvement of harbors, inland waters and great ponds, (2) aning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose alloweany other purpose alloweany other purpose alloweany other purpose allowed by applicable lawd by applicable lawd by applicable lawd by applicable law.... BOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMEN COMMENT COMMENT COMMENT COMMENT: The Board of Selectmen supports the Finance Committee : The Board of Selectmen supports the Finance Committee : The Board of Selectmen supports the Finance Committee : The Board of Selectmen supports the Finance Committee Motion.Motion.Motion.Motion. AAAARTICLE 17RTICLE 17RTICLE 17RTICLE 17 (Appropriation: County Assessment)(Appropriation: County Assessment)(Appropriation: County Assessment)(Appropriation: County Assessment) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to pay the County of Nantucket such assessment as is required for Fiscal Year 2011, and to authorize the expenditure of these funds for County purposes, all in accordance with the General Laws and in accordance with the County Charter (Chapter 290, Acts of 1996), the sum of One Hundred Thousand Dollars ($100,000); and, to take any other action related thereto. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved thFINANCE COMMITTEE MOTION: Moved thFINANCE COMMITTEE MOTION: Moved thFINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be at One Hundred Thousand Dollars ($100,000) be at One Hundred Thousand Dollars ($100,000) be at One Hundred Thousand Dollars ($100,000) be raised and appropriated from the Fiscal Year 2011 tax levy and other general revenues of the raised and appropriated from the Fiscal Year 2011 tax levy and other general revenues of the raised and appropriated from the Fiscal Year 2011 tax levy and other general revenues of the raised and appropriated from the Fiscal Year 2011 tax levy and other general revenues of the Town to fund the Fiscal Year 2011 county assessment.Town to fund the Fiscal Year 2011 county assessment.Town to fund the Fiscal Year 2011 county assessment.Town to fund the Fiscal Year 2011 county assessment. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports thBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports thBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports thBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance e Finance e Finance e Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 18ARTICLE 18ARTICLE 18ARTICLE 18 (Appropriation: Finalizing Fiscal Year 20(Appropriation: Finalizing Fiscal Year 20(Appropriation: Finalizing Fiscal Year 20(Appropriation: Finalizing Fiscal Year 2011111111 County Budget) County Budget) County Budget) County Budget) To see if the Town will vote to overturn any denial of approval by the Nantucket County Review Committee, of any item of the County budget for Fiscal Year 2011 by appropriating a sum of money for such County budget and authorizing the expenditure of estimated County revenues, County reserve funds, County deed excise fees or other available County funds Page 18 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions including the Town assessment for County purposes; further, to see if the Town will vote to overturn any denial by the Nantucket County Review Committee of the establishment of a County Reserve Fund, from which transfers may be made to meet extraordinary or unforeseen expenditures with the approval of the County Commissioners acting as the County Advisory Board Executive Committee within the meaning of c. 35, s. 32 of the General Laws of the Commonwealth. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTION: Moved to take no action on the Article: Moved to take no action on the Article: Moved to take no action on the Article: Moved to take no action on the Article.... FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed the Fiscal Year 2011 Nantucket County budget as adopted by the Nantucket County the Fiscal Year 2011 Nantucket County budget as adopted by the Nantucket County the Fiscal Year 2011 Nantucket County budget as adopted by the Nantucket County the Fiscal Year 2011 Nantucket County budget as adopted by the Nantucket County CCCCommissioners on ommissioners on ommissioners on ommissioners on February 24, 2010February 24, 2010February 24, 2010February 24, 2010,,,, at its meeting on at its meeting on at its meeting on at its meeting on March 4, 2010.March 4, 2010.March 4, 2010.March 4, 2010. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 19ARTICLE 19ARTICLE 19ARTICLE 19 (Rescind Unused Borrowing Authority)(Rescind Unused Borrowing Authority)(Rescind Unused Borrowing Authority)(Rescind Unused Borrowing Authority) To see what action the Town will vote to amend, appropriate or reappropriate, transfer, modify, repeal or rescind unused borrowing authority authorized by previous town meetings, or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that Two Hundred FiftyMoved that Two Hundred FiftyMoved that Two Hundred FiftyMoved that Two Hundred Fifty Thousand Dollars Thousand Dollars Thousand Dollars Thousand Dollars ($250,000) is rescinded as unused borrowing authority authorized by Article 10 of the 2002 ($250,000) is rescinded as unused borrowing authority authorized by Article 10 of the 2002 ($250,000) is rescinded as unused borrowing authority authorized by Article 10 of the 2002 ($250,000) is rescinded as unused borrowing authority authorized by Article 10 of the 2002 Annual Town Meeting (Parks & Recreation Madaket Bath House).Annual Town Meeting (Parks & Recreation Madaket Bath House).Annual Town Meeting (Parks & Recreation Madaket Bath House).Annual Town Meeting (Parks & Recreation Madaket Bath House). 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 MoCommittee MoCommittee MoCommittee Motion.tion.tion.tion. ARTICLE 20ARTICLE 20ARTICLE 20ARTICLE 20 (Appropriation: Ferry Embarkation Fee)(Appropriation: Ferry Embarkation Fee)(Appropriation: Ferry Embarkation Fee)(Appropriation: Ferry Embarkation Fee) To see what sum the Town will vote to appropriate from the proceeds of the ferry embarkation fee established by Chapter 46, section 129 of the Acts of 2003 as amended, for the purposes of mitigating the impacts of ferry service on the Town and County of Nantucket, including but not limited to provision of harbor services, public safety protection, emergency services, infrastructure improvements within and around Nantucket Harbor, and professional services pertaining to the potential use or reuse of land, buildings and infrastructure in the vicinity of Nantucket Harbor, and any other purpose allowed by applicable law, or to take any other action related thereto. (Board of Selectmen) Page 19 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEEFINANCE COMMITTEE MOTION: MOTION: MOTION: MOTION: Moved that One Hundred Fifty Thousand Dollars Moved that One Hundred Fifty Thousand Dollars Moved that One Hundred Fifty Thousand Dollars Moved that One Hundred Fifty Thousand Dollars ($150,000) be appropriated from the Ferry Embarkation Fee Fund for the purpose of public ($150,000) be appropriated from the Ferry Embarkation Fee Fund for the purpose of public ($150,000) be appropriated from the Ferry Embarkation Fee Fund for the purpose of public ($150,000) be appropriated from the Ferry Embarkation Fee Fund for the purpose of public safety protection, emergency services, and any other purpose allowed by applicable law.safety protection, emergency services, and any other purpose allowed by applicable law.safety protection, emergency services, and any other purpose allowed by applicable law.safety protection, emergency services, and any other purpose allowed by applicable law. BOARD OF SELECTMEN COMBOARD OF SELECTMEN COMBOARD OF SELECTMEN COMBOARD OF SELECTMEN COMMENT: MENT: MENT: MENT: 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 22221111 (Appropriation: Collective Bargaining Agreement/(Appropriation: Collective Bargaining Agreement/(Appropriation: Collective Bargaining Agreement/(Appropriation: Collective Bargaining Agreement/Our Island HomeOur Island HomeOur Island HomeOur Island Home)))) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2011 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Our Island Home union employees (represented by the Service Employees Union International, Local 1199) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or to take any other action related thereto. (Board of Selectmen) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETINGTHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETINGTHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETINGTHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.... ARTICLE ARTICLE ARTICLE ARTICLE 22222222 (Appropriation: Collective Bargaining Agreement/Fire)(Appropriation: Collective Bargaining Agreement/Fire)(Appropriation: Collective Bargaining Agreement/Fire)(Appropriation: Collective Bargaining Agreement/Fire) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2009 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department union employees (represented by the Nantucket Professional Firefighters Local 2509) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or to take any other action related thereto. (Board of Selectmen) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETINGTHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETINGTHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETINGTHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.... ARTICLE 2ARTICLE 2ARTICLE 2ARTICLE 23333 (Appropriation: Collective Bargaining Agreement/Airport)(Appropriation: Collective Bargaining Agreement/Airport)(Appropriation: Collective Bargaining Agreement/Airport)(Appropriation: Collective Bargaining Agreement/Airport) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2011 in a collective bargaining contract between the Town of Nantucket (represented by the Airport Commission) and Airport union employees (represented by the Massachusetts Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s International Union of North America, Local 1060) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and Page 20 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions compensation plan accordingly to reflect such contract, or to take any other action related thereto. (Board of Selectmen) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETINGTHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETINGTHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETINGTHE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING.... ARTICLE 2ARTICLE 2ARTICLE 2ARTICLE 24444 (Appropriation: Collective Bargaining Agreement(Appropriation: Collective Bargaining Agreement(Appropriation: Collective Bargaining Agreement(Appropriation: Collective Bargaining Agreement/Wannacomet Water)/Wannacomet Water)/Wannacomet Water)/Wannacomet Water) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2011 in a collective bargaining contract between the Town of Nantucket (represented by the Nantucket Water Commission) and Wannacomet Water union employees (represented by the Utility Workers of America, AFL-CIO, Local Union 359) in accordance with Chapter 150E of the General Laws of the Commonwealth, and to amend the Town’s classification and compensation plan accordingly to reflect such contract, or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved FINANCE COMMITTEE MOTION: Moved to take no action on the Articleto take no action on the Articleto take no action on the Articleto take no action on the Article.... FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT:FINANCE COMMITTEE COMMENT: The collective bargaining agreement reached does not The collective bargaining agreement reached does not The collective bargaining agreement reached does not The collective bargaining agreement reached does not provide for any cost increases in Fiscal Year 2011.provide for any cost increases in Fiscal Year 2011.provide for any cost increases in Fiscal Year 2011.provide for any cost increases in Fiscal Year 2011. 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 25 25 25 25 (Fiscal Year 2011 Budget Transfers: Communi(Fiscal Year 2011 Budget Transfers: Communi(Fiscal Year 2011 Budget Transfers: Communi(Fiscal Year 2011 Budget Transfers: Community Preservation Committee)ty Preservation Committee)ty Preservation Committee)ty Preservation Committee) To see what sums the Town will vote to transfer into the Community Preservation Committee reserved and unreserved fund balances to turn back the unspent remainder of projects approved in prior fiscal years so that it will be available for future appropriations.... FROMFROMFROMFROM TOTOTOTO AMOUNTAMOUNTAMOUNTAMOUNT Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005 Fiscal Year 2011 $2.96 Nantucket Parks and Recreation Commission Children’s Beach Playground Community Preservation Committee Open Space Reserved fund balance Article 27 ATM 2Article 27 ATM 2Article 27 ATM 2Article 27 ATM 2005005005005 Fiscal Year 2011 $1,724.72 Nantucket Parks and Recreation Commission Jetties Beach Playground Community Preservation Committee Open Space Reserved fund Page 21 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions balance Article 22 ATM 2007Article 22 ATM 2007Article 22 ATM 2007Article 22 ATM 2007 Fiscal Year 2011 $62.00 Nantucket Parks and Recreation Commission Tom Never’s Swing set Community Preservation Committee Open space Reserved fund balance Total transfers to Open space Reserved fund balanceTotal transfers to Open space Reserved fund balanceTotal transfers to Open space Reserved fund balanceTotal transfers to Open space Reserved fund balance $1,789.68$1,789.68$1,789.68$1,789.68 Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004 Fiscal Year 2011 $100,000 Nantucket Boys and Girls Club Employee Housing Renovation and addition Community Preservation Committee Affordable housing Reserved fund balance Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004 Fiscal Year 2011 $115,000 Nantucket Housing Office Funding down payment assistance and gap financing Community Preservation Fund Affordable housing Reserved fund balance Article 24 ATM 2006Article 24 ATM 2006Article 24 ATM 2006Article 24 ATM 2006 Fiscal Year 2011 $200,000 Sherburne Commons Inc Assisted and independent Living community Community Preservation Fund Affordable Housing Reserved fund balance Article 26 ATM 2008Article 26 ATM 2008Article 26 ATM 2008Article 26 ATM 2008 Fiscal Year 2011 $31,818.91 Nantucket Planning and Economic Development Commission, funding for Housing planner/specialist Community Preservation Fund Affordable housing Reserved fund balance Total Transfers to Affordable Housing Reserved fund balanceTotal Transfers to Affordable Housing Reserved fund balanceTotal Transfers to Affordable Housing Reserved fund balanceTotal Transfers to Affordable Housing Reserved fund balance $446$446$446$446,818.91,818.91,818.91,818.91 (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from the various accounts as follows:the various accounts as follows:the various accounts as follows:the various accounts as follows: FROMFROMFROMFROM TOTOTOTO AMOUNTAMOUNTAMOUNTAMOUNT Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005 Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011 $2.96$2.96$2.96$2.96 Nantucket Parks and Nantucket Parks and Nantucket Parks and Nantucket Parks and Recreation Commission Recreation Commission Recreation Commission Recreation Commission Children’s Beach Children’s Beach Children’s Beach Children’s Beach PlaygroundPlaygroundPlaygroundPlayground Community Preservation Community Preservation Community Preservation Community Preservation Committee Open Space Committee Open Space Committee Open Space Committee Open Space Reserved fund balanceReserved fund balanceReserved fund balanceReserved fund balance Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005Article 27 ATM 2005 Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011 $1,724.72$1,724.72$1,724.72$1,724.72 Page 22 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Nantucket Parks and Nantucket Parks and Nantucket Parks and Nantucket Parks and Recreation Commission Recreation Commission Recreation Commission Recreation Commission Jetties Beach PlaygroundJetties Beach PlaygroundJetties Beach PlaygroundJetties Beach Playground Community Preservation Community Preservation Community Preservation Community Preservation CommitteeCommitteeCommitteeCommittee Open Space ROpen Space ROpen Space ROpen Space Reserved fund eserved fund eserved fund eserved fund balancebalancebalancebalance Article 22 ATM 2007Article 22 ATM 2007Article 22 ATM 2007Article 22 ATM 2007 Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011 $62.00$62.00$62.00$62.00 Nantucket Parks and Nantucket Parks and Nantucket Parks and Nantucket Parks and Recreation CommissionRecreation CommissionRecreation CommissionRecreation Commission Tom Never’s Swing setTom Never’s Swing setTom Never’s Swing setTom Never’s Swing set Community Preservation Community Preservation Community Preservation Community Preservation CommitteeCommitteeCommitteeCommittee Open space Reserved fund Open space Reserved fund Open space Reserved fund Open space Reserved fund balancebalancebalancebalance Total transfers to Open space Reserved fund balanceTotal transfers to Open space Reserved fund balanceTotal transfers to Open space Reserved fund balanceTotal transfers to Open space Reserved fund balance $1,7$1,7$1,7$1,789.6889.6889.6889.68 Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004 Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011 $100,000$100,000$100,000$100,000 Nantucket Boys and Girls Nantucket Boys and Girls Nantucket Boys and Girls Nantucket Boys and Girls Club Employee Housing Club Employee Housing Club Employee Housing Club Employee Housing Renovation and additionRenovation and additionRenovation and additionRenovation and addition Community Preservation Community Preservation Community Preservation Community Preservation CommitteeCommitteeCommitteeCommittee Affordable housing Reserved Affordable housing Reserved Affordable housing Reserved Affordable housing Reserved fund balancefund balancefund balancefund balance Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004Article 21 ATM 2004 Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011 $115,000$115,000$115,000$115,000 NantuckeNantuckeNantuckeNantucket Housing Office t Housing Office t Housing Office t Housing Office Funding down payment Funding down payment Funding down payment Funding down payment assistance and gap assistance and gap assistance and gap assistance and gap financingfinancingfinancingfinancing Community Preservation FundCommunity Preservation FundCommunity Preservation FundCommunity Preservation Fund Affordable housing Reserved Affordable housing Reserved Affordable housing Reserved Affordable housing Reserved fund balancefund balancefund balancefund balance Article 24 ATM 2006Article 24 ATM 2006Article 24 ATM 2006Article 24 ATM 2006 Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011 $200,000$200,000$200,000$200,000 Sherburne Commons Inc Sherburne Commons Inc Sherburne Commons Inc Sherburne Commons Inc Assisted and independent Assisted and independent Assisted and independent Assisted and independent Living communityLiving communityLiving communityLiving community CommuniCommuniCommuniCommunity Preservation Fundty Preservation Fundty Preservation Fundty Preservation Fund Affordable Housing Reserved Affordable Housing Reserved Affordable Housing Reserved Affordable Housing Reserved fund balancefund balancefund balancefund balance Article 26 ATM 2008Article 26 ATM 2008Article 26 ATM 2008Article 26 ATM 2008 Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011Fiscal Year 2011 $31,818.91$31,818.91$31,818.91$31,818.91 Nantucket Planning and Nantucket Planning and Nantucket Planning and Nantucket Planning and Economic Development Economic Development Economic Development Economic Development Commission, funding for Commission, funding for Commission, funding for Commission, funding for Housing planner/specialistHousing planner/specialistHousing planner/specialistHousing planner/specialist Community Preservation FundCommunity Preservation FundCommunity Preservation FundCommunity Preservation Fund Affordable housing Affordable housing Affordable housing Affordable housing Reserved Reserved Reserved Reserved fund balancefund balancefund balancefund balance Total Transfers to Affordable Housing Reserved fund balanceTotal Transfers to Affordable Housing Reserved fund balanceTotal Transfers to Affordable Housing Reserved fund balanceTotal Transfers to Affordable Housing Reserved fund balance $446,818.91$446,818.91$446,818.91$446,818.91 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 (Appropriation: (Appropriation: (Appropriation: (Appropriation: Community Preservation Committee)Community Preservation Committee)Community Preservation Committee)Community Preservation Committee) To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2011 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Page 23 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions PurposePurposePurposePurpose AmountAmountAmountAmount Historic PreservationHistoric PreservationHistoric PreservationHistoric Preservation Nantucket Fireman’s AssociationNantucket Fireman’s AssociationNantucket Fireman’s AssociationNantucket Fireman’s Association Hose Cart House Restoration $25,000 South Church Preservation FundSouth Church Preservation FundSouth Church Preservation FundSouth Church Preservation Fund Restoration of the Plaster and Decorative painting Phase 3 $375,000 St. Paul’s ChurchSt. Paul’s ChurchSt. Paul’s ChurchSt. Paul’s Church Restoration of Stained Glass windows Phase 2 $77,900 NNNNantucket Historical Associationantucket Historical Associationantucket Historical Associationantucket Historical Association Preserving oral histories by digitization Phase 2 $50,000 Town Clerk’s Records Restoration Town Clerk’s Records Restoration Town Clerk’s Records Restoration Town Clerk’s Records Restoration Preservation and restoration of town records Final phase $79,900 African Meeting HouseAfrican Meeting HouseAfrican Meeting HouseAfrican Meeting House Restoration of interior of structure and historic windows $52,800 Town of Nantucket, Department ofTown of Nantucket, Department ofTown of Nantucket, Department ofTown of Nantucket, Department of Public WorksPublic WorksPublic WorksPublic Works Restoration of granite posts and fence at the Civil War monument $60,000 Artist’s Association of NantucketArtist’s Association of NantucketArtist’s Association of NantucketArtist’s Association of Nantucket Restoration, cleaning and framing of works in the permanent Collection $5,400 SubSubSubSub----totaltotaltotaltotal $726,000$726,000$726,000$726,000 Community HousingCommunity HousingCommunity HousingCommunity Housing Housing NantucketHousing NantucketHousing NantucketHousing Nantucket Scattered site house recycling program $150,000 Interfaith CouncilInterfaith CouncilInterfaith CouncilInterfaith Council Housing and rental assistance program $95,000 Habitat for Humanity Nantucket, IncHabitat for Humanity Nantucket, IncHabitat for Humanity Nantucket, IncHabitat for Humanity Nantucket, Inc. Construct new Habitat for Humanity house $250,000 Town of Nantucket, Affordable Housing Trust fund Town of Nantucket, Affordable Housing Trust fund Town of Nantucket, Affordable Housing Trust fund Town of Nantucket, Affordable Housing Trust fund Creation of affordable housing in numerous ways $525,789 SubSubSubSub----totaltotaltotaltotal $1,020,789$1,020,789$1,020,789$1,020,789 Open Space Conservation /RecreationOpen Space Conservation /RecreationOpen Space Conservation /RecreationOpen Space Conservation /Recreation Town of Nantucket Town of Nantucket Town of Nantucket Town of Nantucket Public Access to open space acquisition fund for properties Phase 2 $100,000 Page 24 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Town of NantucketTown of NantucketTown of NantucketTown of Nantucket Survey plan for Weeweeder Valley open space $10,000 Open Space ReservesOpen Space ReservesOpen Space ReservesOpen Space Reserves Reserve for future years $130,000 Nantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation Commission Creation of multi use field complex on Nobadeer Farm Road, Phase 3 $300,000 Nantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation Commission To complete the security at the Skate Park $20,000 SubSubSubSub----totaltotaltotaltotal $560,000$560,000$560,000$560,000 AdministrativeAdministrativeAdministrativeAdministrative Community Preservation CommitteeCommunity Preservation CommitteeCommunity Preservation CommitteeCommunity Preservation Committee Administrative and Operating expenses $93,211 SubSubSubSub----totaltotaltotaltotal $93,211$93,211$93,211$93,211 TOTALTOTALTOTALTOTAL $2,400,000$2,400,000$2,400,000$2,400,000 And amounts to be appropriated from the following sources:And amounts to be appropriated from the following sources:And amounts to be appropriated from the following sources:And amounts to be appropriated from the following sources: SOURCESSOURCESSOURCESSOURCES AMOUNTAMOUNTAMOUNTAMOUNT Raised and appropriated from FY 2011 Community Preservation Surcharge $1,701,000 From State matching funds for FY 2010, to be received in 2011 $473,500 From undesignated reserve fund balance $225,500 Total RevenuesTotal RevenuesTotal RevenuesTotal Revenues $2,400,000$2,400,000$2,400,000$2,400,000 For fiscal year 2011 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Provided however, that the above expenditures are conditional on the recording of appropriate historic preservation restrictions for historic resources, open space restrictions for open space resources, recreational restrictions for recreational resources, and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved the following sums be appropriated or reserved the following sums be appropriated or reserved the following sums be appropriated or reserved Page 25 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions for later appropriation from the Community Preservation Fund Fiscal Yefor later appropriation from the Community Preservation Fund Fiscal Yefor later appropriation from the Community Preservation Fund Fiscal Yefor later appropriation from the Community Preservation Fund Fiscal Year 20ar 20ar 20ar 2011111111 revenues or revenues or revenues or revenues or other available funds as indicated herein, for the administrative and operating expenses of the other available funds as indicated herein, for the administrative and operating expenses of the other available funds as indicated herein, for the administrative and operating expenses of the other available funds as indicated herein, for the administrative and operating expenses of the Community Preservation Committee, the undertaking of community preservation projects and Community Preservation Committee, the undertaking of community preservation projects and Community Preservation Committee, the undertaking of community preservation projects and Community Preservation Committee, the undertaking of community preservation projects and all other necessary and proper expenses, for Fiscalall other necessary and proper expenses, for Fiscalall other necessary and proper expenses, for Fiscalall other necessary and proper expenses, for Fiscal Year 20 Year 20 Year 20 Year 2011111111 community preservation community preservation community preservation community preservation purposes as set forth herein, with each item considered a separate appropriation to be spent purposes as set forth herein, with each item considered a separate appropriation to be spent purposes as set forth herein, with each item considered a separate appropriation to be spent purposes as set forth herein, with each item considered a separate appropriation to be spent by the Community Preservation Committee with the approval of the Board of Selectmen:by the Community Preservation Committee with the approval of the Board of Selectmen:by the Community Preservation Committee with the approval of the Board of Selectmen:by the Community Preservation Committee with the approval of the Board of Selectmen: PurposePurposePurposePurpose AmountAmountAmountAmount Historic PreservationHistoric PreservationHistoric PreservationHistoric Preservation NanNanNanNantucket Fireman’s Associationtucket Fireman’s Associationtucket Fireman’s Associationtucket Fireman’s Association Hose Cart House RestorationHose Cart House RestorationHose Cart House RestorationHose Cart House Restoration $25,000$25,000$25,000$25,000 South Church Preservation FundSouth Church Preservation FundSouth Church Preservation FundSouth Church Preservation Fund Restoration of the Plaster and Decorative painting Restoration of the Plaster and Decorative painting Restoration of the Plaster and Decorative painting Restoration of the Plaster and Decorative painting Phase 3Phase 3Phase 3Phase 3 $375,000$375,000$375,000$375,000 St. Paul’s ChurchSt. Paul’s ChurchSt. Paul’s ChurchSt. Paul’s Church Restoration of Stained Glass windows Phase 2Restoration of Stained Glass windows Phase 2Restoration of Stained Glass windows Phase 2Restoration of Stained Glass windows Phase 2 $77,900$77,900$77,900$77,900 Nantucket Nantucket Nantucket Nantucket Historical AssociationHistorical AssociationHistorical AssociationHistorical Association Preserving oral histories by digitization Phase 2Preserving oral histories by digitization Phase 2Preserving oral histories by digitization Phase 2Preserving oral histories by digitization Phase 2 $50,000$50,000$50,000$50,000 Town Clerk’s Records Restoration Town Clerk’s Records Restoration Town Clerk’s Records Restoration Town Clerk’s Records Restoration Preservation and restoration of town records Preservation and restoration of town records Preservation and restoration of town records Preservation and restoration of town records ffffinal phaseinal phaseinal phaseinal phase $79,900$79,900$79,900$79,900 African Meeting HouseAfrican Meeting HouseAfrican Meeting HouseAfrican Meeting House Restoration of interior of structure and historRestoration of interior of structure and historRestoration of interior of structure and historRestoration of interior of structure and historic windowsic windowsic windowsic windows $52,800$52,800$52,800$52,800 Town of Nantucket, Department of Public WorksTown of Nantucket, Department of Public WorksTown of Nantucket, Department of Public WorksTown of Nantucket, Department of Public Works Restoration of granite posts and fence at the Civil War Restoration of granite posts and fence at the Civil War Restoration of granite posts and fence at the Civil War Restoration of granite posts and fence at the Civil War monumentmonumentmonumentmonument $60,000$60,000$60,000$60,000 Artist’s Association of NantucketArtist’s Association of NantucketArtist’s Association of NantucketArtist’s Association of Nantucket Restoration, cleaning and framing of works in the Restoration, cleaning and framing of works in the Restoration, cleaning and framing of works in the Restoration, cleaning and framing of works in the permanent Collectionpermanent Collectionpermanent Collectionpermanent Collection $5,4$5,4$5,4$5,400000000 SubSubSubSub----totaltotaltotaltotal $726,000$726,000$726,000$726,000 Community HousingCommunity HousingCommunity HousingCommunity Housing Housing NantucketHousing NantucketHousing NantucketHousing Nantucket Scattered site house recycling programScattered site house recycling programScattered site house recycling programScattered site house recycling program $150,000$150,000$150,000$150,000 Interfaith CouncilInterfaith CouncilInterfaith CouncilInterfaith Council Housing and rental assistance programHousing and rental assistance programHousing and rental assistance programHousing and rental assistance program $95,000$95,000$95,000$95,000 Habitat for Humanity Nantucket, Inc. Habitat for Humanity Nantucket, Inc. Habitat for Humanity Nantucket, Inc. Habitat for Humanity Nantucket, Inc. Construct new Habitat for Humanity hConstruct new Habitat for Humanity hConstruct new Habitat for Humanity hConstruct new Habitat for Humanity houseouseouseouse $250,000$250,000$250,000$250,000 Town of Nantucket, Affordable Housing Trust fund Town of Nantucket, Affordable Housing Trust fund Town of Nantucket, Affordable Housing Trust fund Town of Nantucket, Affordable Housing Trust fund Creation of affordable housing in numerous waysCreation of affordable housing in numerous waysCreation of affordable housing in numerous waysCreation of affordable housing in numerous ways $525,789$525,789$525,789$525,789 SubSubSubSub----totaltotaltotaltotal $1,020,789$1,020,789$1,020,789$1,020,789 Open Space Conservation /RecreationOpen Space Conservation /RecreationOpen Space Conservation /RecreationOpen Space Conservation /Recreation Town of Nantucket Town of Nantucket Town of Nantucket Town of Nantucket Public Access to open space acquisition fund for Public Access to open space acquisition fund for Public Access to open space acquisition fund for Public Access to open space acquisition fund for pppproperties Phase 2roperties Phase 2roperties Phase 2roperties Phase 2 $100,000$100,000$100,000$100,000 Town of NantucketTown of NantucketTown of NantucketTown of Nantucket Survey plan for Weeweeder Valley open spaceSurvey plan for Weeweeder Valley open spaceSurvey plan for Weeweeder Valley open spaceSurvey plan for Weeweeder Valley open space $10,000$10,000$10,000$10,000 Open Space ReservesOpen Space ReservesOpen Space ReservesOpen Space Reserves Page 26 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Reserve for future yearsReserve for future yearsReserve for future yearsReserve for future years $130,000$130,000$130,000$130,000 Nantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation Commission Creation of multi use field complex on Nobadeer Farm Creation of multi use field complex on Nobadeer Farm Creation of multi use field complex on Nobadeer Farm Creation of multi use field complex on Nobadeer Farm Road, Phase 3Road, Phase 3Road, Phase 3Road, Phase 3 $300,000$300,000$300,000$300,000 Nantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation CommissionNantucket Park and Recreation Commission To complete the security at the Skate ParkTo complete the security at the Skate ParkTo complete the security at the Skate ParkTo complete the security at the Skate Park $20,000$20,000$20,000$20,000 SubSubSubSub----totaltotaltotaltotal $560,000$560,000$560,000$560,000 AdministrativeAdministrativeAdministrativeAdministrative Community Preservation CommitteeCommunity Preservation CommitteeCommunity Preservation CommitteeCommunity Preservation Committee Administrative and Operating expensesAdministrative and Operating expensesAdministrative and Operating expensesAdministrative and Operating expenses $93,211$93,211$93,211$93,211 SubSubSubSub----totaltotaltotaltotal $93,21$93,21$93,21$93,211111 TOTALTOTALTOTALTOTAL $2,400,000$2,400,000$2,400,000$2,400,000 And amounts to be appropriated from the following sources:And amounts to be appropriated from the following sources:And amounts to be appropriated from the following sources:And amounts to be appropriated from the following sources: SOURCESSOURCESSOURCESSOURCES AMOUNTAMOUNTAMOUNTAMOUNT Raised and appropriated from FY 2011 Community Raised and appropriated from FY 2011 Community Raised and appropriated from FY 2011 Community Raised and appropriated from FY 2011 Community Preservation SurchargePreservation SurchargePreservation SurchargePreservation Surcharge $1,701,000$1,701,000$1,701,000$1,701,000 From State matching funds for FY 2010, to be received in 2011From State matching funds for FY 2010, to be received in 2011From State matching funds for FY 2010, to be received in 2011From State matching funds for FY 2010, to be received in 2011 $473,500$473,500$473,500$473,500 From undesignated reserve fund balanceFrom undesignated reserve fund balanceFrom undesignated reserve fund balanceFrom undesignated reserve fund balance $225,500$225,500$225,500$225,500 Total RevenuesTotal RevenuesTotal RevenuesTotal Revenues $2,400,000$2,400,000$2,400,000$2,400,000 Provided, however, that the above expenditures are conditional upon the recording of Provided, however, that the above expenditures are conditional upon the recording of Provided, however, that the above expenditures are conditional upon the recording of Provided, however, that the above expenditures are conditional upon the recording of appropriate historic preservation restrictions for historic resources; open space restricappropriate historic preservation restrictions for historic resources; open space restricappropriate historic preservation restrictions for historic resources; open space restricappropriate historic preservation restrictions for historic resources; open space restrictionstionstionstions for for for for open space resources; open space resources; open space resources; open space resources; recreation restrictions for recreational resourcesrecreation restrictions for recreational resourcesrecreation restrictions for recreational resourcesrecreation restrictions for recreational resources, , , , and for affordable and for affordable and for affordable and for affordable housing restrictions for community housing; running in favor of an entity authorized by the housing restrictions for community housing; running in favor of an entity authorized by the housing restrictions for community housing; running in favor of an entity authorized by the housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meetCommonwealth to hold such restrictions for such expenditures, meetCommonwealth to hold such restrictions for such expenditures, meetCommonwealth to hold such restrictions for such expenditures, meeting the requirements of c. ing the requirements of c. ing the requirements of c. ing the requirements of c. 184 of the General Laws pursuant to s. 12 of the Community Preservation Act.184 of the General Laws pursuant to s. 12 of the Community Preservation Act.184 of the General Laws pursuant to s. 12 of the Community Preservation Act.184 of the General Laws pursuant to s. 12 of the Community Preservation Act. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The The The The Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 27 27 27 27 (Appropriation: Adult Community Day Care)(Appropriation: Adult Community Day Care)(Appropriation: Adult Community Day Care)(Appropriation: Adult Community Day Care) 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 Community Day Care 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 Topham, et al) FINANCE COMMITTEE MOTION: Moved tFINANCE COMMITTEE MOTION: Moved tFINANCE COMMITTEE MOTION: Moved tFINANCE COMMITTEE MOTION: Moved to takeo takeo takeo take no action on the no action on the no action on the no action on the Article Article Article Article. . . . FINANCE COMMITTEE COMMENT: Town meetings may not bind future town meetings FINANCE COMMITTEE COMMENT: Town meetings may not bind future town meetings FINANCE COMMITTEE COMMENT: Town meetings may not bind future town meetings FINANCE COMMITTEE COMMENT: Town meetings may not bind future town meetings to to to to future expenditures. This program is funded in the proposed FY 2011 General Fund operating future expenditures. This program is funded in the proposed FY 2011 General Fund operating future expenditures. This program is funded in the proposed FY 2011 General Fund operating future expenditures. This program is funded in the proposed FY 2011 General Fund operating budget.budget.budget.budget. Page 27 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMENBOARD OF SELECTMEN COMMENT COMMENT COMMENT 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 28 28 28 28 (Appropriation: Plan for Polpis Bike Path)(Appropriation: Plan for Polpis Bike Path)(Appropriation: Plan for Polpis Bike Path)(Appropriation: Plan for Polpis Bike Path) To see if the Town will vote to request that the County and/or the Selectmen appoint a committee to create and implement a plan for the Polpis Road Bike Path that accomplishes the following: 1) Improve visibility from the road through selective vegetation management; 2) Improve safety at private driveway intersections; 3) Improve sight lines for motorist and bike path users; 4) Correct landscape features to improve ease of maintenance, appearance and safety; 5) Enhance scenic qualities of the Polpis Road corridor, including views of nearby water resources; 6) Respect privacy and concerns of abutters; 7) Create an “Adopt a Bike Path” program for ongoing maintenance and installation of new or improved landscaping features and public amenities; and that said committee present a report no later than June 4, 2010, and that a sum of money not to exceed $50,000 be appropriated, raised, borrowed, transferred from existing funds normally used for maintenance of public roads and facilities including those owned by the County, or applied from grants, gifts, state or federal funds granted to the Town or County of Nantucket for such purposes to accomplish implementation; or take any other action related thereto. (Thomas J. David, et al) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the subject matter of this Article be referred to Moved that the subject matter of this Article be referred to Moved that the subject matter of this Article be referred to Moved that the subject matter of this Article be referred to the Board of Selectmen to consider establishing the proposed committee.the Board of Selectmen to consider establishing the proposed committee.the Board of Selectmen to consider establishing the proposed committee.the Board of Selectmen to consider establishing the proposed committee. BOARD OF SELECTMEN MOTION: Moved to take no action on the Article.BOARD OF SELECTMEN MOTION: Moved to take no action on the Article.BOARD OF SELECTMEN MOTION: Moved to take no action on the Article.BOARD OF SELECTMEN MOTION: Moved to take no action on the Article. BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: The Board of SelectmenThe Board of SelectmenThe Board of SelectmenThe Board of Selectmen intends to establish the intends to establish the intends to establish the intends to establish the proposed committeeproposed committeeproposed committeeproposed committee.... Page 28 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 29ARTICLE 29ARTICLE 29ARTICLE 29 (Parking in the Core District)(Parking in the Core District)(Parking in the Core District)(Parking in the Core District) To see if the Town will support a rule that will eliminate the ticketing of vehicles legally parked in the Core District for any period of time less than 24 hours from October 1 to May 31 every year. (Michael Gregory Mehringer, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: The Town does The Town does The Town does The Town does not ticket legally parked vehicles.not ticket legally parked vehicles.not ticket legally parked vehicles.not ticket legally parked vehicles. BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: BOARD OF SELECTMEN COMMENT: The Board of SelThe Board of SelThe Board of SelThe Board of Selectmen supports the Finance ectmen supports the Finance ectmen supports the Finance ectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 30ARTICLE 30ARTICLE 30ARTICLE 30 (Establish Local Procurement Study Committee)(Establish Local Procurement Study Committee)(Establish Local Procurement Study Committee)(Establish Local Procurement Study Committee) To see if the Town will vote to: Establish a Local Procurement Study Committee [LPSC] to be appointed by the Board of Selectmen. The LPSC shall include one member of the Town Finance Committee, the Town Purchasing Officer or a designee and five members-at-large representing the general public. The purpose of the Committee shall be to study the potential for adoption of policies and practices to address disadvantages local vendors may experience while participating in the municipal procurement process. The LPSC shall meet regularly and shall report progress to the Board of Selectmen within six months of its initial meeting. (Patricia M. Bridier, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article.FINANCE COMMITTEE MOTION: Moved to take no action on the Article.FINANCE COMMITTEE MOTION: Moved to take no action on the Article.FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: FINANCE COMMITTEE COMMENT: TTTThe Committee supports the intent of the Articlehe Committee supports the intent of the Articlehe Committee supports the intent of the Articlehe Committee supports the intent of the Article and and and and notes that the notes that the notes that the notes that the Board of Selectmen is the appropriate entity to establish committees.Board of Selectmen is the appropriate entity to establish committees.Board of Selectmen is the appropriate entity to establish committees.Board of Selectmen is the appropriate entity to establish committees. BOARD OF SELECTMEN COBOARD OF SELECTMEN COBOARD OF SELECTMEN COBOARD OF SELECTMEN COMMENT: MMENT: MMENT: MMENT: 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 31 31 31 31 (Bylaw Amendments: Sewers and Sewer Districts)(Bylaw Amendments: Sewers and Sewer Districts)(Bylaw Amendments: Sewers and Sewer Districts)(Bylaw Amendments: Sewers and Sewer Districts) To see if the Town will vote to establish certain bylaws heretofore adopted by the Town and approved by the Attorney General relating to sewers and sewer districts within the Town of Nantucket to be bylaws adopted pursuant to Chapter 396 of the Acts of 2008 ("an Act authorizing the Establishment of the Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket") or take any other action related thereto. (Board of Selectmen) Page 29 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTION: : : : MovedMovedMovedMoved that the following Chapter of the Code of the Town that the following Chapter of the Code of the Town that the following Chapter of the Code of the Town that the following Chapter of the Code of the Town of Nantucket, heretofore adopted by the Town and approved by the Attorney General, relating of Nantucket, heretofore adopted by the Town and approved by the Attorney General, relating of Nantucket, heretofore adopted by the Town and approved by the Attorney General, relating of Nantucket, heretofore adopted by the Town and approved by the Attorney General, relating to sewers and sewerto sewers and sewerto sewers and sewerto sewers and sewer districts within the Town, be adopted as a bylaw pursuant to Chapter 396 districts within the Town, be adopted as a bylaw pursuant to Chapter 396 districts within the Town, be adopted as a bylaw pursuant to Chapter 396 districts within the Town, be adopted as a bylaw pursuant to Chapter 396 of the Acts of 2008 ("An Act Authorizing the Establishment of the Nantucket Sewer of the Acts of 2008 ("An Act Authorizing the Establishment of the Nantucket Sewer of the Acts of 2008 ("An Act Authorizing the Establishment of the Nantucket Sewer of the Acts of 2008 ("An Act Authorizing the Establishment of the Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket"): Code of the Town of Nantucket Commission and Sewer Districts in the Town of Nantucket"): Code of the Town of Nantucket Commission and Sewer Districts in the Town of Nantucket"): Code of the Town of Nantucket Commission and Sewer Districts in the Town of Nantucket"): Code of the Town of Nantucket Chapter 41Chapter 41Chapter 41Chapter 41----3.3.3.3. 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 32 32 32 32 (Bylaw Amendment: (Bylaw Amendment: (Bylaw Amendment: (Bylaw Amendment: Wharves and Waterways)Wharves and Waterways)Wharves and Waterways)Wharves and Waterways) To see if the Town will vote to amend Chapter 137 (Wharves and Waterways) Section 137-4 (Mooring regulations) of the Code of the Town of Nantucket as follows (Note: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): E. Scope and size of chain on moorings. Length of mooring chain shall be at least the vertical height above the sea bottom to four feet above mean high water. Moorings for boats up to 26 feet in length shall have a chain of 3/8 inch or larger; moorings for boats from 26 feet to 40 feet shall have a chain of 1/2 inch or larger; and mooring for boats from 40 feet or larger in overall length shall use a chain of 5/8 inch. Moorings for boats 10-23 feet in length shall have a chain of 3/8 inch or larger; moorings for boats from 24 feet to 32 feet in length shall have a chain of 1/2 inch or larger; and moorings for boats 33 feet or larger in length shall use a chain of 5/8 inch. Maximum length of chain shall be no more than 2.5 times the maximum depth of the water, except where the Harbor Master determines otherwise. The location of all moorings shall be determined from time to time by the Harbor Master. No mooring shall be located in the main stream or any channel of any of the harbors of the Town, unless, in the opinion of the Harbor Master, the particular circumstances require it. Moorings shall be located so that vessels lying on them shall not block any channel or approach to wharves or other moorings in the vicinity or create any other hazard to navigation. If used, pennant length shall be twice the distance from the bow chock to the water line. Pennant line size shall be 3/8 inch for boats up to 10 feet, 7/16 inch for boats 21 feet to 30 feet, 1/2 nylon for boats 31 feet to 40 feet. Overall pennant length shall be no longer than eight feet in all areas other than the General Anchorage. Pennant line size shall be 3/8 inch for boats up to 10 feet, 7/16 inch for boats 11 feet to 23 feet, 1/2 for boats 24 feet to 32 feet and 5/8 for boats greater than 33 feet. F. Any mooring may be inspected All moorings will be inspected by a representative of the Marine & Coastal Resources Department or its designated representative on an annual basis, and its owner a mooring owner may be ordered by the Harbor Master to remove or relocate it his/her mooring whenever, in the judgment of the Harbor Master, the safety of other vessels or the optimum use of the area requires such action. The expense of such removal or relocation shall be the responsibility of the owner. Except in emergency situations, an owner shall have at least 14 days to relocate or remove a mooring when so ordered by the Harbor Master. All Page 30 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions private moorings shall be removed from any shellfish areas prior to October 15. If the mooring is a Helix type then the mooring must be outfitted with an approved cap. G. . . . Each mooring buoy, both summer and winter, shall be painted white and have a minimum one-inch blue band visible above the water and shall be marked with numbers assigned by the Harbor Master Department. The numbers and/or letters shall be a minimum of three inches in height and be clearly visible at all times. All moorings will be marked with the appropriate grid location when assigned by the Harbor Master. Spar buoys shall be upright at all times and not less than 40º at any period of tide and not less than 18 inches exposed. Mooring buoys shall be of customary shape and materials, and the Harbor Master may order the removal of any buoys deemed to be inappropriate in form or appearance. A mooring permit sticker assigned by the Harbor Master shall be affixed to the port side of the bow or the port side of the mast on classic-design wooden sailboats. The number will correspond with the number on the mooring float. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that FINANCE COMMITTEE MOTION: Moved that Chapter 137 (Wharves and Waterways) Chapter 137 (Wharves and Waterways) Chapter 137 (Wharves and Waterways) Chapter 137 (Wharves and Waterways) Section 137Section 137Section 137Section 137----4 (Mooring regulations) of the Code of the Town of Nantucket 4 (Mooring regulations) of the Code of the Town of Nantucket 4 (Mooring regulations) of the Code of the Town of Nantucket 4 (Mooring regulations) of the Code of the Town of Nantucket is hereby amended is hereby amended is hereby amended is hereby amended as follows as follows as follows as follows (NOTE(NOTE(NOTE(NOTE: new language is shown as highligh: new language is shown as highligh: new language is shown as highligh: new language is shown as highlighted text, language to be deleted is shown ted text, language to be deleted is shown ted text, language to be deleted is shown ted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text;by strikeout; these methods to denote changes are not meant to become part of the final text;by strikeout; these methods to denote changes are not meant to become part of the final text;by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that nonand, further, that nonand, further, that nonand, further, that non----substantive changes to the numbering of this bylaw be permitted in order substantive changes to the numbering of this bylaw be permitted in order substantive changes to the numbering of this bylaw be permitted in order substantive changes to the numbering of this bylaw be permitted in order that it be in compliancethat it be in compliancethat it be in compliancethat it be in compliance with the numbering format of the Code of the Town of Nantucket with the numbering format of the Code of the Town of Nantucket with the numbering format of the Code of the Town of Nantucket with the numbering format of the Code of the Town of Nantucket):):):): E.E.E.E. Scope and size of chain on moorings. Length of mooring chain shall be at least the vertical Scope and size of chain on moorings. Length of mooring chain shall be at least the vertical Scope and size of chain on moorings. Length of mooring chain shall be at least the vertical Scope and size of chain on moorings. Length of mooring chain shall be at least the vertical height abovheight abovheight abovheight above the sea bottom to four feet above mean high water. e the sea bottom to four feet above mean high water. e the sea bottom to four feet above mean high water. e the sea bottom to four feet above mean high water. Moorings for boats up to 26 Moorings for boats up to 26 Moorings for boats up to 26 Moorings for boats up to 26 feet in length shall have a chain of 3/8 inch or larger; moorings for boats from 26 feet to 40 feet feet in length shall have a chain of 3/8 inch or larger; moorings for boats from 26 feet to 40 feet feet in length shall have a chain of 3/8 inch or larger; moorings for boats from 26 feet to 40 feet feet in length shall have a chain of 3/8 inch or larger; moorings for boats from 26 feet to 40 feet shall have a chain of 1/2 inch or larger; and mooring for boats from 40 feeshall have a chain of 1/2 inch or larger; and mooring for boats from 40 feeshall have a chain of 1/2 inch or larger; and mooring for boats from 40 feeshall have a chain of 1/2 inch or larger; and mooring for boats from 40 feet or larger in overall t or larger in overall t or larger in overall t or larger in overall length shall use a chain of 5/8 inch.length shall use a chain of 5/8 inch.length shall use a chain of 5/8 inch.length shall use a chain of 5/8 inch. Moorings for boats 10Moorings for boats 10Moorings for boats 10Moorings for boats 10----23 feet in length shall have a chain 23 feet in length shall have a chain 23 feet in length shall have a chain 23 feet in length shall have a chain of 3/8 inch or larger; moorings for boats from 24 feet to 32 feet in length shall have a chain of of 3/8 inch or larger; moorings for boats from 24 feet to 32 feet in length shall have a chain of of 3/8 inch or larger; moorings for boats from 24 feet to 32 feet in length shall have a chain of of 3/8 inch or larger; moorings for boats from 24 feet to 32 feet in length shall have a chain of 1/2 inch or larger; and moorings for b1/2 inch or larger; and moorings for b1/2 inch or larger; and moorings for b1/2 inch or larger; and moorings for boats 33 feet or larger in length shall use a chain of 5/8 oats 33 feet or larger in length shall use a chain of 5/8 oats 33 feet or larger in length shall use a chain of 5/8 oats 33 feet or larger in length shall use a chain of 5/8 inch.inch.inch.inch. Maximum length of chain shall be no more than 2.5 times the maximum depth of the Maximum length of chain shall be no more than 2.5 times the maximum depth of the Maximum length of chain shall be no more than 2.5 times the maximum depth of the Maximum length of chain shall be no more than 2.5 times the maximum depth of the water, except where the Harbor Master determines otherwise. The location of all moorings water, except where the Harbor Master determines otherwise. The location of all moorings water, except where the Harbor Master determines otherwise. The location of all moorings water, except where the Harbor Master determines otherwise. The location of all moorings shall be determined frshall be determined frshall be determined frshall be determined from time to time by the Harbor Master. No mooring shall be located in the om time to time by the Harbor Master. No mooring shall be located in the om time to time by the Harbor Master. No mooring shall be located in the om time to time by the Harbor Master. No mooring shall be located in the main stream or any channel of any of the harbors of the Town, unless, in the opinion of the main stream or any channel of any of the harbors of the Town, unless, in the opinion of the main stream or any channel of any of the harbors of the Town, unless, in the opinion of the main stream or any channel of any of the harbors of the Town, unless, in the opinion of the Harbor Master, the particular circumstances require it. Moorings shall be located so that Harbor Master, the particular circumstances require it. Moorings shall be located so that Harbor Master, the particular circumstances require it. Moorings shall be located so that Harbor Master, the particular circumstances require it. Moorings shall be located so that vvvvessels lying on them shall not block any channel or approach to wharves or other moorings in essels lying on them shall not block any channel or approach to wharves or other moorings in essels lying on them shall not block any channel or approach to wharves or other moorings in essels lying on them shall not block any channel or approach to wharves or other moorings in the vicinity or create any other hazard to navigation. the vicinity or create any other hazard to navigation. the vicinity or create any other hazard to navigation. the vicinity or create any other hazard to navigation. If used, pennant length shall be twice the If used, pennant length shall be twice the If used, pennant length shall be twice the If used, pennant length shall be twice the distance from the bow chock to the water line. Pennant line size distance from the bow chock to the water line. Pennant line size distance from the bow chock to the water line. Pennant line size distance from the bow chock to the water line. Pennant line size shall be 3/8 inch for boats up shall be 3/8 inch for boats up shall be 3/8 inch for boats up shall be 3/8 inch for boats up to 10 feet, 7/16 inch for boats 21 feet to 30 feet, 1/2 nylon for boats 31 feet to 40 feet.to 10 feet, 7/16 inch for boats 21 feet to 30 feet, 1/2 nylon for boats 31 feet to 40 feet.to 10 feet, 7/16 inch for boats 21 feet to 30 feet, 1/2 nylon for boats 31 feet to 40 feet.to 10 feet, 7/16 inch for boats 21 feet to 30 feet, 1/2 nylon for boats 31 feet to 40 feet. Overall Overall Overall Overall pennant length shall be no longer than eight feet in all areas other than the General pennant length shall be no longer than eight feet in all areas other than the General pennant length shall be no longer than eight feet in all areas other than the General pennant length shall be no longer than eight feet in all areas other than the General Anchorage. Pennant line size shall be 3Anchorage. Pennant line size shall be 3Anchorage. Pennant line size shall be 3Anchorage. Pennant line size shall be 3/8 inch for boats up to 10 feet, 7/16 inch for boats 11 /8 inch for boats up to 10 feet, 7/16 inch for boats 11 /8 inch for boats up to 10 feet, 7/16 inch for boats 11 /8 inch for boats up to 10 feet, 7/16 inch for boats 11 feet to 23 feet, 1/2 for boats 24 feet to 32 feet and 5/8 for boats greater than 33 feet.feet to 23 feet, 1/2 for boats 24 feet to 32 feet and 5/8 for boats greater than 33 feet.feet to 23 feet, 1/2 for boats 24 feet to 32 feet and 5/8 for boats greater than 33 feet.feet to 23 feet, 1/2 for boats 24 feet to 32 feet and 5/8 for boats greater than 33 feet. F.F.F.F. Any mooringAny mooringAny mooringAny mooring may be inspmay be inspmay be inspmay be inspectedectedectedected All moorings will be inspected by a representative of the All moorings will be inspected by a representative of the All moorings will be inspected by a representative of the All moorings will be inspected by a representative of the Marine & Coastal Resources Department or its designated representative on an annual basis,Marine & Coastal Resources Department or its designated representative on an annual basis,Marine & Coastal Resources Department or its designated representative on an annual basis,Marine & Coastal Resources Department or its designated representative on an annual basis, and and and and its ownerits ownerits ownerits owner a mooring ownera mooring ownera mooring ownera mooring owner may be ordered by the Harbor Master to remove or relocate may be ordered by the Harbor Master to remove or relocate may be ordered by the Harbor Master to remove or relocate may be ordered by the Harbor Master to remove or relocate itititit his/her mohis/her mohis/her mohis/her mooringoringoringoring whenever, in the judgment of the Harbor Master, the safety of other vessels or whenever, in the judgment of the Harbor Master, the safety of other vessels or whenever, in the judgment of the Harbor Master, the safety of other vessels or whenever, in the judgment of the Harbor Master, the safety of other vessels or Page 31 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions the optimum use of the area requires such action. The expense of such removal or relocation the optimum use of the area requires such action. The expense of such removal or relocation the optimum use of the area requires such action. The expense of such removal or relocation the optimum use of the area requires such action. The expense of such removal or relocation shall be the responsibility of the owner. Except in emergency situations, an owshall be the responsibility of the owner. Except in emergency situations, an owshall be the responsibility of the owner. Except in emergency situations, an owshall be the responsibility of the owner. Except in emergency situations, an owner shall have at ner shall have at ner shall have at ner shall have at least 14 days to relocate or remove a mooring when so ordered by the Harbor Master. All least 14 days to relocate or remove a mooring when so ordered by the Harbor Master. All least 14 days to relocate or remove a mooring when so ordered by the Harbor Master. All least 14 days to relocate or remove a mooring when so ordered by the Harbor Master. All private moorings shall be removed from any shellfish areas prior to October 15. private moorings shall be removed from any shellfish areas prior to October 15. private moorings shall be removed from any shellfish areas prior to October 15. private moorings shall be removed from any shellfish areas prior to October 15. If the mooring If the mooring If the mooring If the mooring is a Helix type then the mooring must be outfitted withis a Helix type then the mooring must be outfitted withis a Helix type then the mooring must be outfitted withis a Helix type then the mooring must be outfitted with an approved cap. an approved cap. an approved cap. an approved cap. G. G. G. G. Each mooring buoy, both summer and winter, shall be painted white and have a minimum Each mooring buoy, both summer and winter, shall be painted white and have a minimum Each mooring buoy, both summer and winter, shall be painted white and have a minimum Each mooring buoy, both summer and winter, shall be painted white and have a minimum oneoneoneone----inch blue band visible above the water and shall be marked with numbers assigned by the inch blue band visible above the water and shall be marked with numbers assigned by the inch blue band visible above the water and shall be marked with numbers assigned by the inch blue band visible above the water and shall be marked with numbers assigned by the Harbor Master Department. The numbers and/or letters shalHarbor Master Department. The numbers and/or letters shalHarbor Master Department. The numbers and/or letters shalHarbor Master Department. The numbers and/or letters shall be a minimum of three inches in l be a minimum of three inches in l be a minimum of three inches in l be a minimum of three inches in height and be clearly visible at all times. height and be clearly visible at all times. height and be clearly visible at all times. height and be clearly visible at all times. All moorings will be marked with the appropriate grid All moorings will be marked with the appropriate grid All moorings will be marked with the appropriate grid All moorings will be marked with the appropriate grid location when assigned by the Harbor Master.location when assigned by the Harbor Master.location when assigned by the Harbor Master.location when assigned by the Harbor Master. Spar buoys shall be upright at all times and not Spar buoys shall be upright at all times and not Spar buoys shall be upright at all times and not Spar buoys shall be upright at all times and not less than 40º at any period ofless than 40º at any period ofless than 40º at any period ofless than 40º at any period of tide and not less than 18 inches exposed. Mooring buoys shall tide and not less than 18 inches exposed. Mooring buoys shall tide and not less than 18 inches exposed. Mooring buoys shall tide and not less than 18 inches exposed. Mooring buoys shall be of customary shape and materials, and the Harbor Master may order the removal of any be of customary shape and materials, and the Harbor Master may order the removal of any be of customary shape and materials, and the Harbor Master may order the removal of any be of customary shape and materials, and the Harbor Master may order the removal of any buoys deemed to be inappropriate in form or appearance. A mooring permit sticker assigned buoys deemed to be inappropriate in form or appearance. A mooring permit sticker assigned buoys deemed to be inappropriate in form or appearance. A mooring permit sticker assigned buoys deemed to be inappropriate in form or appearance. A mooring permit sticker assigned by the Harbor Mby the Harbor Mby the Harbor Mby the Harbor Master shall be affixed to the port side of the bow or the port side of the mast on aster shall be affixed to the port side of the bow or the port side of the mast on aster shall be affixed to the port side of the bow or the port side of the mast on aster shall be affixed to the port side of the bow or the port side of the mast on classicclassicclassicclassic----design wooden sailboats. The number will correspond with the number on the mooring design wooden sailboats. The number will correspond with the number on the mooring design wooden sailboats. The number will correspond with the number on the mooring design wooden sailboats. The number will correspond with the number on the mooring float.float.float.float. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 33 33 33 33 (Bylaw Amendment: Council for Human Services)(Bylaw Amendment: Council for Human Services)(Bylaw Amendment: Council for Human Services)(Bylaw Amendment: Council for Human Services) To see if the Town will vote to amend Chapter 12 (Council for Human Services) of the Code of the Town of Nantucket, by taking the following actions; and, further, that nonsubstantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket (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): §12.1. Establishment; purpose.§12.1. Establishment; purpose.§12.1. Establishment; purpose.§12.1. Establishment; purpose. There is hereby established a Council for Human Services which shall see to the provision of all needed human services in a manner which can best serve the residents of Nantucket, the coordination of the efforts of existing service organizations and the undertaking of efforts to obtain assistance and financial aid from federal, state and local governments, as well as private state and local governments, as well as private organizations, and the improvement of the provision of these services. The Council shall act as an advisory committee to town meeting, the Board of Selectmen and the Administration, and shall have no responsibility or authority to expend Town appropriations. §12.2. Membership; terms; vacancies. §12.2. Membership; terms; vacancies. §12.2. Membership; terms; vacancies. §12.2. Membership; terms; vacancies. The Council shall consist of nine five Nantucket residents who shall be appointed by the Board of Selectmen. for three-year terms; provided, however, that three of the initial appointments shall be for a term of one year, three for a term of two years and three for a term of three years. No member may be appointed to serve for more than two consecutive terms. One member shall be a member of the Board of Selectmen, and one member shall be a member of the Page 32 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Finance Committee, which members shall be appointed annually. These members shall serve ex-officio, and shall be, at the time of their appointment and throughout their terms on the Council, members of their respective bodies. Three members shall be at-large for three-year terms; provided, however, that one of the initial appointments shall be for a term of one year, one for a term of two years and one for a term of three years. The term of office shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in any position during a term shall be filled for the balance of the unexpired term in the same manner as an original appointment. §12.§12.§12.§12.3. Authorization to establish budget; expenditures; grants. 3. Authorization to establish budget; expenditures; grants. 3. Authorization to establish budget; expenditures; grants. 3. Authorization to establish budget; expenditures; grants. The Council and its Coordinator, if so established by Town Meeting, shall be authorized to establish an annual budget and expend such funds and to apply for, accept and expend federal and state grants for such purposes aforementioned. Or, to take any other action relative thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Finance Committee believes that the consequence FINANCE COMMITTEE COMMENT: The Finance Committee believes that the consequence FINANCE COMMITTEE COMMENT: The Finance Committee believes that the consequence FINANCE COMMITTEE COMMENT: The Finance Committee believes that the consequence of the enactment of this Article would be the elimination of the Human Services Contraof the enactment of this Article would be the elimination of the Human Services Contraof the enactment of this Article would be the elimination of the Human Services Contraof the enactment of this Article would be the elimination of the Human Services Contract ct ct ct Review Committee (“CRC”). The Finance Committee feels the dissolution of this committee Review Committee (“CRC”). The Finance Committee feels the dissolution of this committee Review Committee (“CRC”). The Finance Committee feels the dissolution of this committee Review Committee (“CRC”). The Finance Committee feels the dissolution of this committee would be premature at this time. The Finance Committee accepts the recommendation of the would be premature at this time. The Finance Committee accepts the recommendation of the would be premature at this time. The Finance Committee accepts the recommendation of the would be premature at this time. The Finance Committee accepts the recommendation of the CRC.CRC.CRC.CRC. BOARD OF SELECTMEN BOARD OF SELECTMEN BOARD OF SELECTMEN BOARD OF SELECTMEN MOTIONMOTIONMOTIONMOTION:::: Moved that Chapter 12 (Council for Human S Moved that Chapter 12 (Council for Human S Moved that Chapter 12 (Council for Human S Moved that Chapter 12 (Council for Human Services) of ervices) of ervices) of ervices) of the Code of the Town of Nantucket is hereby amended as follows the Code of the Town of Nantucket is hereby amended as follows the Code of the Town of Nantucket is hereby amended as follows the Code of the Town of Nantucket is hereby amended as follows (NOTE(NOTE(NOTE(NOTE: new language is : new language is : new language is : new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to shown as highlighted text, language to be deleted is shown by strikeout; these methods to shown as highlighted text, language to be deleted is shown by strikeout; these methods to 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;denote changes are not meant to become part of the final text;denote changes are not meant to become part of the final text;denote changes are not meant to become part of the final text; and, and, and, and, further, that nonfurther, that nonfurther, that nonfurther, that non---- substantive changes to the numbering of this bylaw be permitted in order that it be in substantive changes to the numbering of this bylaw be permitted in order that it be in substantive changes to the numbering of this bylaw be permitted in order that it be in substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucketcompliance with the numbering format of the Code of the Town of Nantucketcompliance with the numbering format of the Code of the Town of Nantucketcompliance with the numbering format of the Code of the Town of Nantucket):):):): §12.1. Establishment; purpose.§12.1. Establishment; purpose.§12.1. Establishment; purpose.§12.1. Establishment; purpose. There is hereby established a Council for HThere is hereby established a Council for HThere is hereby established a Council for HThere is hereby established a Council for Human Services which shall see to the provision of uman Services which shall see to the provision of uman Services which shall see to the provision of uman Services which shall see to the provision of all needed human services in a manner which can best serve the residents of Nantucket, the all needed human services in a manner which can best serve the residents of Nantucket, the all needed human services in a manner which can best serve the residents of Nantucket, the all needed human services in a manner which can best serve the residents of Nantucket, the coordination of the efforts of existing service organizations and the undertaking of efforts to coordination of the efforts of existing service organizations and the undertaking of efforts to coordination of the efforts of existing service organizations and the undertaking of efforts to coordination of the efforts of existing service organizations and the undertaking of efforts to obtain assistance aobtain assistance aobtain assistance aobtain assistance and financial aid from federal, state and local governments, as well as nd financial aid from federal, state and local governments, as well as nd financial aid from federal, state and local governments, as well as nd financial aid from federal, state and local governments, as well as private state and local governments, as well as private organizations, and the improvement of private state and local governments, as well as private organizations, and the improvement of private state and local governments, as well as private organizations, and the improvement of private state and local governments, as well as private organizations, and the improvement of the provision of these services. the provision of these services. the provision of these services. the provision of these services. The Council shall act as an advisory committee to town The Council shall act as an advisory committee to town The Council shall act as an advisory committee to town The Council shall act as an advisory committee to town meemeemeemeeting, the Board of Selectmen and the Administration, ating, the Board of Selectmen and the Administration, ating, the Board of Selectmen and the Administration, ating, the Board of Selectmen and the Administration, and shall have no responsibility or nd shall have no responsibility or nd shall have no responsibility or nd shall have no responsibility or authority to expend Town appropriations.authority to expend Town appropriations.authority to expend Town appropriations.authority to expend Town appropriations. §12.2. Membership; terms; vacancies. §12.2. Membership; terms; vacancies. §12.2. Membership; terms; vacancies. §12.2. Membership; terms; vacancies. The Council shall consist of The Council shall consist of The Council shall consist of The Council shall consist of ninenineninenine sevensevensevenseven Nantucket residents who shall be appointed by Nantucket residents who shall be appointed by Nantucket residents who shall be appointed by Nantucket residents who shall be appointed by the the the the Board of SelectmenBoard of SelectmenBoard of SelectmenBoard of Selectmen.... for threefor threefor threefor three----year terms; provided, however, that three of the initial year terms; provided, however, that three of the initial year terms; provided, however, that three of the initial year terms; provided, however, that three of the initial appointments shall be for a term of one year, three for a term of two years and three for a term appointments shall be for a term of one year, three for a term of two years and three for a term appointments shall be for a term of one year, three for a term of two years and three for a term appointments shall be for a term of one year, three for a term of two years and three for a term of three years. No member may be appointed to serve for more than tof three years. No member may be appointed to serve for more than tof three years. No member may be appointed to serve for more than tof three years. No member may be appointed to serve for more than two consecutive terms.wo consecutive terms.wo consecutive terms.wo consecutive terms. Page 33 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions One member shall be a member of the Board of Selectmen, and one member shall be a One member shall be a member of the Board of Selectmen, and one member shall be a One member shall be a member of the Board of Selectmen, and one member shall be a One member shall be a member of the Board of Selectmen, and one member shall be a member of the Finance Committee, which members shall be appointed annually. These member of the Finance Committee, which members shall be appointed annually. These member of the Finance Committee, which members shall be appointed annually. These member of the Finance Committee, which members shall be appointed annually. These members shall serve exmembers shall serve exmembers shall serve exmembers shall serve ex----officio, and shall be, at the time of their appofficio, and shall be, at the time of their appofficio, and shall be, at the time of their appofficio, and shall be, at the time of their appointment and throughout ointment and throughout ointment and throughout ointment and throughout their terms on the Council, members of their respective bodies. their terms on the Council, members of their respective bodies. their terms on the Council, members of their respective bodies. their terms on the Council, members of their respective bodies. FiveFiveFiveFive members shall be at members shall be at members shall be at members shall be at----large large large large for threefor threefor threefor three----year terms; provided, however, that one of the initial appointments shall be for a term year terms; provided, however, that one of the initial appointments shall be for a term year terms; provided, however, that one of the initial appointments shall be for a term year terms; provided, however, that one of the initial appointments shall be for a term of one year, of one year, of one year, of one year, twotwotwotwo for a term of two year for a term of two year for a term of two year for a term of two years and s and s and s and twotwotwotwo for a term of three years. for a term of three years. for a term of three years. for a term of three years. The term of office The term of office The term of office The term of office shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in shall be based on a year commencing on July 1 of each calendar year. Vacancies occurring in any position during a term shall be filled for the balance of the unexpired term in the same any position during a term shall be filled for the balance of the unexpired term in the same any position during a term shall be filled for the balance of the unexpired term in the same any position during a term shall be filled for the balance of the unexpired term in the same manner as an ormanner as an ormanner as an ormanner as an original appointment.iginal appointment.iginal appointment.iginal appointment. No member of the Council shall be a board member or No member of the Council shall be a board member or No member of the Council shall be a board member or No member of the Council shall be a board member or employee of any organization being considered for or in receipt of Town funds.employee of any organization being considered for or in receipt of Town funds.employee of any organization being considered for or in receipt of Town funds.employee of any organization being considered for or in receipt of Town funds. §12.3. Authorization to establish budget; expenditures; grants. §12.3. Authorization to establish budget; expenditures; grants. §12.3. Authorization to establish budget; expenditures; grants. §12.3. Authorization to establish budget; expenditures; grants. The Council and its Coordinator, if so The Council and its Coordinator, if so The Council and its Coordinator, if so The Council and its Coordinator, if so established by Town Meeting, shall be authorized to established by Town Meeting, shall be authorized to established by Town Meeting, shall be authorized to established by Town Meeting, shall be authorized to establish an annual budget and expend such funds and to apply for, accept and expend federal establish an annual budget and expend such funds and to apply for, accept and expend federal establish an annual budget and expend such funds and to apply for, accept and expend federal establish an annual budget and expend such funds and to apply for, accept and expend federal and state grants for such purposes aforementioned.and state grants for such purposes aforementioned.and state grants for such purposes aforementioned.and state grants for such purposes aforementioned. ARTICLEARTICLEARTICLEARTICLE 34 34 34 34 (Bylaw: Nantucket Public Construction Projects(Bylaw: Nantucket Public Construction Projects(Bylaw: Nantucket Public Construction Projects(Bylaw: Nantucket Public Construction Projects)))) To see if the Town will vote to: To create a new by-law, valid only in the town and county of Nantucket, Massachusetts which would require the winning bidder of Nantucket public construction projects, to hire at least 35% of all work crews, e.g. construction workers/carpenters, plumbers, electricians, plasters, landscapers, et al, to be registered Nantucket voters. In the Nantucket Inquirer and Mirror newspaper, dated November 5, 2009, it was written that local contractors lost out on $70 million of public construction jobs. (Robert J. Baker, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article.FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Article is illegal. Massachusetts General Laws FINANCE COMMITTEE COMMENT: The Article is illegal. Massachusetts General Laws FINANCE COMMITTEE COMMENT: The Article is illegal. Massachusetts General Laws FINANCE COMMITTEE COMMENT: The Article is illegal. Massachusetts General Laws govern procurement in all Massachusetts municipalities. Massachugovern procurement in all Massachusetts municipalities. Massachugovern procurement in all Massachusetts municipalities. Massachugovern procurement in all Massachusetts municipalities. Massachussssettettettetts cities and towns s cities and towns s cities and towns s cities and towns cannot implement their own local requirements.cannot implement their own local requirements.cannot implement their own local requirements.cannot implement their own local requirements. 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 35 35 35 35 (Bylaw: Property owned by the T(Bylaw: Property owned by the T(Bylaw: Property owned by the T(Bylaw: Property owned by the Town of Nantucketown of Nantucketown of Nantucketown of Nantucket,,,, Management of) Management of) Management of) Management of) To see if the Town of Nantucket will create a new Chapter 112, Property owned by the Town of Nantucket, Management of, in the Code of Nantucket as indicated by the following highlighted text: Chapter 112 Property owned by the town of Nantucket, Management of Chapter 112-1 Prohibition of synthetic fertilizers and pesticides Page 34 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Beginning January 1, 2011, no outdoor use of synthetic fertilizer or synthetic pesticide shall be used on property owned by the Town of Nantucket or owned and administered by the Airport Commission, the School Committee, the Parks and Recreation Commission, and the Wannacomet Water Commission. For the purpose of this chapter synthetic shall mean a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from natural occurring plant, animal or mineral sources. The term shall not apply to substances created by naturally occurring biological processes. All other fertilizers, pesticides, and soil amendments shall be selected and applied in conformance with the Northeast Organic Farmers Association Standards for Organic Land Care, 4th edition, April 2009 and as may be amended and revised in the future. Chapter 112-2 Exemptions 1. Synthetic pesticides otherwise lawfully used at wastewater treatment plants and related collection, distribution, and treatment facilities. 2. Synthetic pesticides in contained baits or traps for the purpose of rodent control. 3. Synthetic pesticides used in conjunction with the management and prevention of timber feeding pests including but not limited to termites and powder post beetles. 4. Synthetic pesticides used to control Dutch elm disease or other debilitating pests and diseases in Town trees. 5. Synthetic pesticides used to control invasive plant and animal species as determined by the Town of Nantucket Wetland Protection Regulations. Chapter 112-3 Emergency Waivers If an emergency public health situation warrants the use of pesticides which would otherwise not be permitted under this Chapter, the Town of Nantucket Board of Health shall have the authority to grant a temporary waiver. If pesticides are used under the emergency waiver clause, then the area treated shall be conspicuously posted immediately after application and for a period of at least 48 hours. All pesticides used on school grounds under this emergency waiver clause must be used in compliance with the Children and Families Protection Act governing pesticide use on school property, including standard notification of parents, teachers, students and staff. (Cormac Collier, et al) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved Moved Moved Moved not to adopt the Article. not to adopt the Article. not to adopt the Article. not to adopt the Article. 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. The Board of SelectmThe Board of SelectmThe Board of SelectmThe Board of Selectmen supports the intent of this Article and intends to en supports the intent of this Article and intends to en supports the intent of this Article and intends to en supports the intent of this Article and intends to proceed in consultation with the Town Manager to develop procedures to implement as organic proceed in consultation with the Town Manager to develop procedures to implement as organic proceed in consultation with the Town Manager to develop procedures to implement as organic proceed in consultation with the Town Manager to develop procedures to implement as organic and pesticide free management of town properties as is possible and practical. The and pesticide free management of town properties as is possible and practical. The and pesticide free management of town properties as is possible and practical. The and pesticide free management of town properties as is possible and practical. The independent town organizatiindependent town organizatiindependent town organizatiindependent town organizations will be encouraged to do the same.ons will be encouraged to do the same.ons will be encouraged to do the same.ons will be encouraged to do the same. Page 35 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLEARTICLEARTICLEARTICLE 36 36 36 36 (Bylaw Amendment: Streets and Sidewalks)(Bylaw Amendment: Streets and Sidewalks)(Bylaw Amendment: Streets and Sidewalks)(Bylaw Amendment: Streets and Sidewalks) To see if the Town will vote to amend # 127 of the Code of the Town of Nantucket (Streets and Sidewalks) as follows: Add: Article IX Vegetation Control for Safety along Roads, Bike Paths and Sidewalks. 127-26 This article adopts the manual entitled “Vegetation Control for Safety – A guide for Street and Highway Maintenance Personnel” prepared by the Federal Highway Administration Office of Highway Safety, current edition, as a guide for vegetation control on Nantucket roadways, bike paths and sidewalks. 127-27 Clear Zone: A “Clear Zone” defined as an unobstructed area beyond the edge of the vehicular traveled way, of between 5 and 8 feet in width, and a minimum of 13 feet in height shall be maintained along public roads shown on a map entitled “Clear Zone Maintenance Roadways” dated November 2009; and a minimum of 3 feet in width and 9 feet in height beyond the paved edge of any bicycle path. These areas shall be kept free of brush, tree limbs and branches and mowed not less than once every 4-6 weeks of the growing season. 127-28 Enforcement: These guidelines shall be enforced by the Board of Selectmen acting in any of its capacities, including Public Works Commissioners; or take any other action related thereto. (Thomas J. David, et al) FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the subject matter of the Article be referred to Moved that the subject matter of the Article be referred to Moved that the subject matter of the Article be referred to Moved that the subject matter of the Article be referred to the Board of Selectmen. the Board of Selectmen. the Board of Selectmen. the Board of Selectmen. BOARD OF SELECTMEN MOTION: Moved to take no actionBOARD OF SELECTMEN MOTION: Moved to take no actionBOARD OF SELECTMEN MOTION: Moved to take no actionBOARD OF SELECTMEN MOTION: Moved to take no action on the Article. on the Article. on the Article. on the Article. BOARD OF SELECTMEN COMMENT: The Board of Selectmen intends to establish BOARD OF SELECTMEN COMMENT: The Board of Selectmen intends to establish BOARD OF SELECTMEN COMMENT: The Board of Selectmen intends to establish BOARD OF SELECTMEN COMMENT: The Board of Selectmen intends to establish aaaa committeecommitteecommitteecommittee to review the subject matter of this Article. to review the subject matter of this Article. to review the subject matter of this Article. to review the subject matter of this Article. ARTICLEARTICLEARTICLEARTICLE 37 37 37 37 (Bylaw Amendment: Bicycles and Mopeds)(Bylaw Amendment: Bicycles and Mopeds)(Bylaw Amendment: Bicycles and Mopeds)(Bylaw Amendment: Bicycles and Mopeds) To see if the Town of Nantucket will vote to amend Chapter 57 (Bicycles) Section One as follows: 1. Redesignate Subsection E as Subsection F 2. Add a new Subsection E reading as follows: “No operator of a bicycle shall permit same to be operated on a public right of way if there is a bicycle path adjacent to said right of way.” (James Lydon, et al) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Moved not to adopt the Article. Moved not to adopt the Article. Moved not to adopt the Article. Page 36 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: MGL c. 85, s. 11B allows bicycles to be operated on FINANCE COMMITTEE COMMENT: MGL c. 85, s. 11B allows bicycles to be operated on FINANCE COMMITTEE COMMENT: MGL c. 85, s. 11B allows bicycles to be operated on FINANCE COMMITTEE COMMENT: MGL c. 85, s. 11B allows bicycles to be operated on public ways with certain exceptions.public ways with certain exceptions.public ways with certain exceptions.public ways with certain exceptions. BOARD OF SELECTMEBOARD OF SELECTMEBOARD OF SELECTMEBOARD OF SELECTMEN COMMENT: N COMMENT: N COMMENT: N 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 38 38 38 38 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes)(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes)(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes)(Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), sections 41-3A (Town Sewer District) and 41-3B (Siasconset Sewer District) of the Code of the Town of Nantucket by adding the following parcels to the respective maps: Town Sewer District Map/Parcel Address 41/12 4 Westmoor Lane Siasconset Sewer District Map/Parcel Address 73.4.2/85 8 Lincoln Street 73.4.2/46 7 – 9 Burnell Street 73.4.2/44 5 Burnell Street 73/104 1 Black Fish Lane 73/105 2 Black Fish Lane 73/106 11 Black Fish Lane 73/107 13 Black Fish Lane 73/108 15 Black Fish Lane 73/109 17 Black Fish Lane 73/110 19 Black Fish Lane 73/111 21 Black Fish Lane 73/112 23 Black Fish Lane 73/113 22 Black Fish Lane 73/114 20 Black Fish Lane 73/115 18 Black Fish Lane 73/116 16 Black Fish Lane 73/117 14 Black Fish Lane 73/118 12 Black Fish Lane 73/119 Black Fish Lane 73/2.3 30 Burnell Street 73/2.4 34 Burnell Street 73/2.5 32 Burnell Street 73/2.6 34A Burnell Street 73/2.7 28 Burnell Street 73/2.8 26 Burnell Street Page 37 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 73.4.1/26.1 31 Coffin Sias Street 73.4.2/1 17 Burnell Street 73.4.2/47 11 Burnell Street 73.4.2/48 15.5 Burnell Street 73.4.2/48.1 15 Burnell Street 73.4.2/49 13 Burnell Street And, to take any other action as may be 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 territory covered in the sethe territory covered in the sethe territory covered in the sethe territory covered in the sewer districts wer districts wer districts wer districts established by the bylaws adopted pursuant to Chapter 396 of the Acts of 2008 and pursuant established by the bylaws adopted pursuant to Chapter 396 of the Acts of 2008 and pursuant established by the bylaws adopted pursuant to Chapter 396 of the Acts of 2008 and pursuant established by the bylaws adopted pursuant to Chapter 396 of the Acts of 2008 and pursuant to Article 31 of this Warrant, be amended pursuant to to Article 31 of this Warrant, be amended pursuant to to Article 31 of this Warrant, be amended pursuant to to Article 31 of this Warrant, be amended pursuant to ssssection 10 of Chapter 396 of the Acts of ection 10 of Chapter 396 of the Acts of ection 10 of Chapter 396 of the Acts of ection 10 of Chapter 396 of the Acts of 2008, with the approval 2008, with the approval 2008, with the approval 2008, with the approval having been obtained having been obtained having been obtained having been obtained of the Boarof the Boarof the Boarof the Board having charge of sewers in town, d having charge of sewers in town, d having charge of sewers in town, d having charge of sewers in town, after a public hearing conducted to consider such amendments, all in accordance with section after a public hearing conducted to consider such amendments, all in accordance with section after a public hearing conducted to consider such amendments, all in accordance with section after a public hearing conducted to consider such amendments, all in accordance with section 10 as follows: 10 as follows: 10 as follows: 10 as follows: The motion adopted pursuant to Article 31 of this Warrant is hereby amended to add the The motion adopted pursuant to Article 31 of this Warrant is hereby amended to add the The motion adopted pursuant to Article 31 of this Warrant is hereby amended to add the The motion adopted pursuant to Article 31 of this Warrant is hereby amended to add the language as follows language as follows language as follows language as follows (Not(Not(Not(Note: new language is shown by highlighted text; language to be deleted e: new language is shown by highlighted text; language to be deleted e: new language is shown by highlighted text; language to be deleted e: new language is shown by highlighted text; language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the is shown by strikeout; these methods to denote changes are not meant to become part of the is shown by strikeout; these methods to denote changes are not meant to become part of the is shown by strikeout; these methods to denote changes are not meant to become part of the final textfinal textfinal textfinal text):):):): §41.3. Sewer Districts.§41.3. Sewer Districts.§41.3. Sewer Districts.§41.3. Sewer Districts. A.A.A.A. Town Sewer District: an area outlined in blue on a Town Sewer District: an area outlined in blue on a Town Sewer District: an area outlined in blue on a Town Sewer District: an area outlined in blue on a map entitled, “Comprehensive map entitled, “Comprehensive map entitled, “Comprehensive map entitled, “Comprehensive Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT,” … or as shown in an Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT,” … or as shown in an Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT,” … or as shown in an Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT,” … or as shown in an additional area outlined in blue on a supplemental map entitled “Article 43, 2007 Annual Town additional area outlined in blue on a supplemental map entitled “Article 43, 2007 Annual Town additional area outlined in blue on a supplemental map entitled “Article 43, 2007 Annual Town additional area outlined in blue on a supplemental map entitled “Article 43, 2007 Annual Town Meeting Additions to the Town Sewer District dated aMeeting Additions to the Town Sewer District dated aMeeting Additions to the Town Sewer District dated aMeeting Additions to the Town Sewer District dated as of March 16, 2007, Nantucket, s of March 16, 2007, Nantucket, s of March 16, 2007, Nantucket, s of March 16, 2007, Nantucket, Massachusetts,” which area is to be hereafter included in the Town Sewer DistrictMassachusetts,” which area is to be hereafter included in the Town Sewer DistrictMassachusetts,” which area is to be hereafter included in the Town Sewer DistrictMassachusetts,” which area is to be hereafter included in the Town Sewer District; and as ; and as ; and as ; and as shown in the additional area indicated on a map entitled “Article 38 shown in the additional area indicated on a map entitled “Article 38 shown in the additional area indicated on a map entitled “Article 38 shown in the additional area indicated on a map entitled “Article 38 –––– 2010 Annual Town 2010 Annual Town 2010 Annual Town 2010 Annual Town Meeting Additions to the Town Sewer District dMeeting Additions to the Town Sewer District dMeeting Additions to the Town Sewer District dMeeting Additions to the Town Sewer District dated as of ated as of ated as of ated as of November 5, 2009November 5, 2009November 5, 2009November 5, 2009 Nantucket, MA” Nantucket, MA” Nantucket, MA” Nantucket, MA” which area is to be hereafter included in the Town Sewer Districtwhich area is to be hereafter included in the Town Sewer Districtwhich area is to be hereafter included in the Town Sewer Districtwhich area is to be hereafter included in the Town Sewer District………… B.B.B.B. Siasconset Sewer District: an area outlined in blue on a map entitled, “Comprehensive Siasconset Sewer District: an area outlined in blue on a map entitled, “Comprehensive Siasconset Sewer District: an area outlined in blue on a map entitled, “Comprehensive Siasconset Sewer District: an area outlined in blue on a map entitled, “Comprehensive Wastewater Management Plan, (Proposed) SIASCONSET SEWER Wastewater Management Plan, (Proposed) SIASCONSET SEWER Wastewater Management Plan, (Proposed) SIASCONSET SEWER Wastewater Management Plan, (Proposed) SIASCONSET SEWER DISTRICT,”…and further DISTRICT,”…and further DISTRICT,”…and further DISTRICT,”…and further shown on an area outlined in red on a supplemental map entitled “2009 Annual Town Meeting shown on an area outlined in red on a supplemental map entitled “2009 Annual Town Meeting shown on an area outlined in red on a supplemental map entitled “2009 Annual Town Meeting shown on an area outlined in red on a supplemental map entitled “2009 Annual Town Meeting Article 53”Article 53”Article 53”Article 53”; and further shown in the additional area indicated on a map entitled “Article 38 ; and further shown in the additional area indicated on a map entitled “Article 38 ; and further shown in the additional area indicated on a map entitled “Article 38 ; and further shown in the additional area indicated on a map entitled “Article 38 –––– 2010 Annual Town Meeting Additions to the Siasc2010 Annual Town Meeting Additions to the Siasc2010 Annual Town Meeting Additions to the Siasc2010 Annual Town Meeting Additions to the Siasconset Sewer District dated as of onset Sewer District dated as of onset Sewer District dated as of onset Sewer District dated as of November November November November 5, 20095, 20095, 20095, 2009,,,, Nantucket, MA” Nantucket, MA” Nantucket, MA” Nantucket, MA” … … … … FINANCE COMMITTEE COMMENT: The parcels contained in this Article were reviewed and FINANCE COMMITTEE COMMENT: The parcels contained in this Article were reviewed and FINANCE COMMITTEE COMMENT: The parcels contained in this Article were reviewed and FINANCE COMMITTEE COMMENT: The parcels contained in this Article were reviewed and found to be in accordance with the criteria established for sewer district expansion.found to be in accordance with the criteria established for sewer district expansion.found to be in accordance with the criteria established for sewer district expansion.found to be in accordance with the criteria established for sewer district expansion. BOARD OF SELECTMBOARD OF SELECTMBOARD OF SELECTMBOARD OF SELECTMEN COMMENT:EN COMMENT:EN COMMENT:EN 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. Page 38 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLEARTICLEARTICLEARTICLE 39 39 39 39 (Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Change)(Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Change)(Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Change)(Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Change) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), Section 41-B (Siasconset Sewer District) of the Code of the Town of Nantucket Sewer District Map by adding the following parcel(s) to said map: Map Lot Number Street 73 104 1 Black Fish Lane 73 105 2 Black Fish Lane 73 106 11 Black Fish Lane 73 107 13 Black Fish Lane 73 108 15 Black Fish Lane 73 109 17 Black Fish Lane 73 110 19 Black Fish Lane 73 111 21 Black Fish Lane 73 112 23 Black Fish Lane 73 113 22 Black Fish Lane 73 114 20 Black Fish Lane 73 115 18 Black Fish Lane 73 116 16 Black Fish Lane 73 117 14 Black Fish Lane 73 118 12 Black Fish Lane 73 119 Black Fish Lane 73 2 24 Burnell Street 73 2.1 22 Burnell Street 73 2.2 20 Burnell Street 73 2.3 30 Burnell Street 73 2.4 34 Burnell Street 73 2.5 32 Burnell Street 73 2.6 34A Burnell Street 73 2.7 28 Burnell Street 73 2.8 26 Burnell Street 73.4.1 2 40 Burnell Street 73.4.1 3 25 Clifton Street 73.4.1 25 21 Burnell Street 73.4.1 25.1 Burnell Street 73.4.1 26.1 31 Coffin Sias Street 73.4.2 1 17 Burnell Street 73.4.2 44 5 Burnell Street 73.4.2 46 9 Burnell Street 73.4.2 47 11 Burnell Street 73.4.2 48 15.5 Burnell Street 73.4.2 48.1 15 Burnell Street 73.4.2 49 13 Burnell Street 73.4.2 50 15R Burnell Street Page 39 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 73.4.2 85 8 Lincoln Sias Street 73.4.2 89 13R Burnell Street 73.4.2 127 4 Burnell Street 73.4.2 128 Burnell Street 49 162 Off Burnell Street 49 165.1 Burnell Street 49 166 52 Burnell Street 49 167 50 Burnell Street 49.3.2 1 23 Clifton Street 49.3.2 1.1 63 Burnell Street 49.3.2 1.2 73 Burnell Street 49.3.2 1.3 83 Burnell Street 49.3.2 1.4 55 Burnell Street 49.3.2 1.5 79 Burnell Street 49.3.2 16 44 Burnell Street 49.3.2 18 54 Burnell Street Or, to take any other action related thereto. (Kevin Dale. et al) FINANCE COMMITTEE MOTION: Moved not to adopt thFINANCE COMMITTEE MOTION: Moved not to adopt thFINANCE COMMITTEE MOTION: Moved not to adopt thFINANCE COMMITTEE MOTION: Moved not to adopt the Article.e Article.e Article.e Article. FINANCE COMMITTEE COMMENT: A number of the parcels referenced in this Article are FINANCE COMMITTEE COMMENT: A number of the parcels referenced in this Article are FINANCE COMMITTEE COMMENT: A number of the parcels referenced in this Article are FINANCE COMMITTEE COMMENT: A number of the parcels referenced in this Article are included in Article 38. The ones that are not, did not meet the criteria established for sewer included in Article 38. The ones that are not, did not meet the criteria established for sewer included in Article 38. The ones that are not, did not meet the criteria established for sewer included in Article 38. The ones that are not, did not meet the criteria established for sewer district expansion.district expansion.district expansion.district expansion. 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 Finance ectmen supports the Finance ectmen supports the Finance ectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 40 40 40 40 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District)(Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District)(Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District)(Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), Section 41-3A (Town Sewer District) of the code of the Town of Nantucket Sewer District Map by adding the following parcel to the map. Map and Parcel Address 55 123 76 Hummock Pond Road (Kayla Hilts, et al) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that Moved that Moved that Moved that the territory covered in the sewer districts the territory covered in the sewer districts the territory covered in the sewer districts the territory covered in the sewer districts establiestabliestabliestablished by the bylaws adopted pursuant to Chapter 396 of the Acts of 2008 and pursuant shed by the bylaws adopted pursuant to Chapter 396 of the Acts of 2008 and pursuant shed by the bylaws adopted pursuant to Chapter 396 of the Acts of 2008 and pursuant shed by the bylaws adopted pursuant to Chapter 396 of the Acts of 2008 and pursuant to Article 31 of this Warrant, be amended pursuant to section 10 of Chapter 396 of the Acts of to Article 31 of this Warrant, be amended pursuant to section 10 of Chapter 396 of the Acts of to Article 31 of this Warrant, be amended pursuant to section 10 of Chapter 396 of the Acts of to Article 31 of this Warrant, be amended pursuant to section 10 of Chapter 396 of the Acts of 2008, with the approval 2008, with the approval 2008, with the approval 2008, with the approval having been obtained having been obtained having been obtained having been obtained of the Board having charge of seof the Board having charge of seof the Board having charge of seof the Board having charge of sewers in town, wers in town, wers in town, wers in town, Page 40 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions after a public hearing conducted to consider such amendments, all in accordance with section after a public hearing conducted to consider such amendments, all in accordance with section after a public hearing conducted to consider such amendments, all in accordance with section after a public hearing conducted to consider such amendments, all in accordance with section 10 as follows: 10 as follows: 10 as follows: 10 as follows: The motion adopted pursuant to Article 31 of this Warrant is hereby amended to add the The motion adopted pursuant to Article 31 of this Warrant is hereby amended to add the The motion adopted pursuant to Article 31 of this Warrant is hereby amended to add the The motion adopted pursuant to Article 31 of this Warrant is hereby amended to add the language as follows language as follows language as follows language as follows (Note: new language is s(Note: new language is s(Note: new language is s(Note: new language is shown by highlighted text; language to be deleted hown by highlighted text; language to be deleted hown by highlighted text; language to be deleted hown by highlighted text; language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the is shown by strikeout; these methods to denote changes are not meant to become part of the is shown by strikeout; these methods to denote changes are not meant to become part of the is shown by strikeout; these methods to denote changes are not meant to become part of the final textfinal textfinal textfinal text):):):): §41.3. Sewer Districts.§41.3. Sewer Districts.§41.3. Sewer Districts.§41.3. Sewer Districts. A.A.A.A. Town Sewer District: an area outlined in blue on a map entitled, “ComprehTown Sewer District: an area outlined in blue on a map entitled, “ComprehTown Sewer District: an area outlined in blue on a map entitled, “ComprehTown Sewer District: an area outlined in blue on a map entitled, “Comprehensive ensive ensive ensive Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT,” … or as shown in an Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT,” … or as shown in an Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT,” … or as shown in an Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT,” … or as shown in an additional area outlined in blue on a supplemental map entitled “Article 43, 2007 Annual Town additional area outlined in blue on a supplemental map entitled “Article 43, 2007 Annual Town additional area outlined in blue on a supplemental map entitled “Article 43, 2007 Annual Town additional area outlined in blue on a supplemental map entitled “Article 43, 2007 Annual Town Meeting Additions to the Town Sewer District dated as of March 16, 2007, NMeeting Additions to the Town Sewer District dated as of March 16, 2007, NMeeting Additions to the Town Sewer District dated as of March 16, 2007, NMeeting Additions to the Town Sewer District dated as of March 16, 2007, Nantucket, antucket, antucket, antucket, Massachusetts,” which area is to be hereafter included in the Town Sewer DistrictMassachusetts,” which area is to be hereafter included in the Town Sewer DistrictMassachusetts,” which area is to be hereafter included in the Town Sewer DistrictMassachusetts,” which area is to be hereafter included in the Town Sewer District; and as ; and as ; and as ; and as shown in the additional area indicated on a map entitled “Article shown in the additional area indicated on a map entitled “Article shown in the additional area indicated on a map entitled “Article shown in the additional area indicated on a map entitled “Article 38383838 –––– 2010 Annual Town 2010 Annual Town 2010 Annual Town 2010 Annual Town Meeting Additions to the Town Sewer District dated as of Meeting Additions to the Town Sewer District dated as of Meeting Additions to the Town Sewer District dated as of Meeting Additions to the Town Sewer District dated as of November 5,November 5,November 5,November 5, 2009 2009 2009 2009, Nantucket, MA” , Nantucket, MA” , Nantucket, MA” , Nantucket, MA” and as shown in the additional area indicated on a map entitled “Article 40 and as shown in the additional area indicated on a map entitled “Article 40 and as shown in the additional area indicated on a map entitled “Article 40 and as shown in the additional area indicated on a map entitled “Article 40 –––– 2010 Annual Town 2010 Annual Town 2010 Annual Town 2010 Annual Town Meeting Additions to the Town Sewer District dated as of Meeting Additions to the Town Sewer District dated as of Meeting Additions to the Town Sewer District dated as of Meeting Additions to the Town Sewer District dated as of November 5, 2009November 5, 2009November 5, 2009November 5, 2009, Nantucket, MA” , Nantucket, MA” , Nantucket, MA” , Nantucket, MA” which area is to be hereafter included in the Towwhich area is to be hereafter included in the Towwhich area is to be hereafter included in the Towwhich area is to be hereafter included in the Town Sewer Districtn Sewer Districtn Sewer Districtn Sewer District………… FINANCE COMMITTEE COMMENT: The parcel contained in this Article was reviewed and FINANCE COMMITTEE COMMENT: The parcel contained in this Article was reviewed and FINANCE COMMITTEE COMMENT: The parcel contained in this Article was reviewed and FINANCE COMMITTEE COMMENT: The parcel contained in this Article was reviewed and found tofound tofound tofound to be in accordance with the crit be in accordance with the crit be in accordance with the crit be in accordance with the criteria established for sewer district expansion.eria established for sewer district expansion.eria established for sewer district expansion.eria established for sewer district expansion. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Fina The Board of Selectmen supports the Fina The Board of Selectmen supports the Fina The Board of Selectmen supports the Finance nce nce nce Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 41 41 41 41 (Bylaw Amendment: Coastal Properties Owned by Town, Management of)(Bylaw Amendment: Coastal Properties Owned by Town, Management of)(Bylaw Amendment: Coastal Properties Owned by Town, Management of)(Bylaw Amendment: Coastal Properties Owned by Town, Management of) To see if the Town shall vote to amend Chapter 67-1, § C. of the Code of the Town of Nantucket, Management of Coastal Properties Owned by the Town of Nantucket, changing the sunset date of the Duration of Moratorium to “December 31, 2013.” (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that Chapter 67 (Coastal Properties Owned by Moved that Chapter 67 (Coastal Properties Owned by Moved that Chapter 67 (Coastal Properties Owned by Moved that Chapter 67 (Coastal Properties Owned by Town, Management of) of the Code of the Town of NanTown, Management of) of the Code of the Town of NanTown, Management of) of the Code of the Town of NanTown, Management of) of the Code of the Town of Nantucket is amended as followstucket is amended as followstucket is amended as followstucket is amended as follows (NOTE: (NOTE: (NOTE: (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikenew language is shown as highlighted text; language to be deleted is shown by strikenew language is shown as highlighted text; language to be deleted is shown by strikenew language is shown as highlighted text; language to be deleted is shown by strike----out; out; out; out; these methods to denote changes are not meant to become part of the final text)these methods to denote changes are not meant to become part of the final text)these methods to denote changes are not meant to become part of the final text)these methods to denote changes are not meant to become part of the final text):::: § 67.1. Management of coastal § 67.1. Management of coastal § 67.1. Management of coastal § 67.1. Management of coastal propertiespropertiespropertiesproperties owned owned owned owned by Town. by Town. by Town. by Town. C.C.C.C. Duration of moratorium. This moratorium shall remain in effect until the earlier of Duration of moratorium. This moratorium shall remain in effect until the earlier of Duration of moratorium. This moratorium shall remain in effect until the earlier of Duration of moratorium. This moratorium shall remain in effect until the earlier of December 31, December 31, December 31, December 31, 2010201020102010 2013201320132013, or such date as a comprehensive Coastal Management Plan for the , or such date as a comprehensive Coastal Management Plan for the , or such date as a comprehensive Coastal Management Plan for the , or such date as a comprehensive Coastal Management Plan for the Town of Nantucket has been established.Town of Nantucket has been established.Town of Nantucket has been established.Town of Nantucket has been established. 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. Page 41 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLEARTICLEARTICLEARTICLE 42 42 42 42 (Bylaw Amendment: Swimming Pools, Private)(Bylaw Amendment: Swimming Pools, Private)(Bylaw Amendment: Swimming Pools, Private)(Bylaw Amendment: Swimming Pools, Private) To see if the Town will vote to amend Chapter 129 (Swimming Pools, Private) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): 129-1B Location. The location of the swimming pool on the property shall conform to the dimensional setback requirements of the Zoning Bylaw for a structure swimming pools. (Board of Selectmen for Historic District Commission) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved Moved Moved Moved to take no action on the Article.to take no action on the Article.to take no action on the Article.to take no action on the Article. BOARD OF SELECTMEN COMMENT: The Board of SelecBOARD OF SELECTMEN COMMENT: The Board of SelecBOARD OF SELECTMEN COMMENT: The Board of SelecBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance tmen supports the Finance tmen supports the Finance tmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE ARTICLE ARTICLE ARTICLE 43434343 (Zoning Change: Split Zoning District Corrections (Zoning Change: Split Zoning District Corrections (Zoning Change: Split Zoning District Corrections (Zoning Change: Split Zoning District Corrections –––– Various Locations) Various Locations) Various Locations) Various Locations) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket as follows: 1. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 80 69 (a portion of) 109 Surfside Road 80 70 (a portion of) 111 Surfside Road 80 71 (a portion of) 115 Surfside Road 80 72 (a portion of) 119 Surfside Road 80 119 (a portion of) 121 Surfside Road 80 120 (a portion of) 125 Surfside Road 80 121(a portion of) 129 Surfside Road 80 192 (a portion of) 131 Surfside Road 80 249 (a portion of) 133 Surfside Road 80 250 (a portion of) 135 Surfside Road 80 251(a portion of) 137 Surfside Road 80 143.1(a portion of) 139 Surfside Road 80 143.2 (a portion of) 6 Pochick Avenue 80 101.5 (a portion of) 143D Surfside Road 80 101.4 (a portion of) 143C Surfside Road 80 100 (a portion of) 145 Surfside Road Page 42 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 2. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Residential 20 (R-20) district: Map Lot Number Street 80 36 (a portion of) 149 Surfside Road 80 35 (a portion of) 8 Nobadeer Avenue 87 114 (a portion of) 5 Station Street 87 150 (a portion of) 10 Auriga Street 80 219.3 (a portion of) 10 Auriga Street 3. By placing the following properties currently located in the Limited Use General 3 (LUG- 3) district in the Residential 20 (R-20) district: Map Lot Number Street 88 79 (a portion of) 64 Nobadeer Avenue 88 13 (a portion of) 68 Nobadeer Avenue 88 58 (a portion of) 63 Nobadeer Avenue 88 58.1 (a portion of) 63 Nobadeer Avenue 4. By placing the following properties currently located in the Residential 20 (R-20) district in the Limited Use General 2 (LUG-2) district: Map Lot Number Street 87 92 (a portion of) Weweeder Pond 87 93 (a portion of) 41 Western Avenue 87 (80) 154 (a portion of) Weweeder Pond 79 35 (a portion of) 12R Skyline Drive 79 4 (a portion of) 8 Skyline Drive 5. 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 88 47 (a portion of) beach 88 48 (a portion of) beach 87 40 (a portion of) beach 87 43 (a portion of) beach 87 48 (a portion of) beach 87 60 (a portion of) beach 6. By placing the following properties currently located in the Residential 10 (R-10) district in the Residential Commercial (RC) district: Page 43 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 55 240.1 (a portion of) 38 Sparks Avenue 7. By placing the following properties currently located in the Sconset Residential 20 (SR- 20) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 48 6 (a portion of) Sconset Bluff 48 8 (a portion of) Sconset Bluff 8. By placing the following properties currently located in the Limited Use General 3 (LUG- 3) district in the Sconset Residential 20 (SR-20) district: Map Lot Number Street 73.1.4 11.2 (a portion of) 3 Baxter Road 9. By placing the following properties currently located in the Sconset Residential 1 (SR-1) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 73.1.3 3 (a portion of) 2 Nosegay Lane 73.1.3 4 (a portion of) 4 Nosegay Lane 73.1.3 5.8 (a portion of) Sconset Bluff 10. By placing the following property currently located in the Limited Use General 3 (LUG-3) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 43 93 (a portion of) 16 Gardner Road 43 132 (a portion of) 28 Gardner Road 43 131 (a portion of) 11 North Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 43” dated November 5, 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 bybybyby taking the following actions: taking the following actions: taking the following actions: taking the following actions: 1.1.1.1. By placing the following properties currently locBy placing the following properties currently locBy placing the following properties currently locBy placing the following properties currently located in the Limited Use General 2 (LUGated in the Limited Use General 2 (LUGated in the Limited Use General 2 (LUGated in the Limited Use General 2 (LUG---- 2) district in the Limited Use General 1 (LUG2) district in the Limited Use General 1 (LUG2) district in the Limited Use General 1 (LUG2) district in the Limited Use General 1 (LUG----1) district:1) district:1) district:1) district: Page 44 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 80808080 69 (a portion of)69 (a portion of)69 (a portion of)69 (a portion of) 109109109109 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 70 (a portion of)70 (a portion of)70 (a portion of)70 (a portion of) 111111111111 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 71 (a portion of)71 (a portion of)71 (a portion of)71 (a portion of) 115115115115 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 72 (a port72 (a port72 (a port72 (a portion of)ion of)ion of)ion of) 119119119119 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 119 (a portion of)119 (a portion of)119 (a portion of)119 (a portion of) 121121121121 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 120 (a portion of)120 (a portion of)120 (a portion of)120 (a portion of) 125125125125 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 121(a portion of)121(a portion of)121(a portion of)121(a portion of) 129129129129 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 192 (a portion of)192 (a portion of)192 (a portion of)192 (a portion of) 131131131131 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 249 (a portion of)249 (a portion of)249 (a portion of)249 (a portion of) 133133133133 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 250 (a portion of)250 (a portion of)250 (a portion of)250 (a portion of) 135135135135 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 251(a portion of)251(a portion of)251(a portion of)251(a portion of) 137137137137 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 143.1(a portion of)143.1(a portion of)143.1(a portion of)143.1(a portion of) 139139139139 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 143.2 (a portion of)143.2 (a portion of)143.2 (a portion of)143.2 (a portion of) 6666 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 80808080 101.5 (a portion of)101.5 (a portion of)101.5 (a portion of)101.5 (a portion of) 143D143D143D143D Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 101.4 (a portion of)101.4 (a portion of)101.4 (a portion of)101.4 (a portion of) 143C143C143C143C Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 100 (a portion of)100 (a portion of)100 (a portion of)100 (a portion of) 145145145145 SuSuSuSurfside Roadrfside Roadrfside Roadrfside Road 2.2.2.2. By placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUG---- 2) district in the Residential 20 (R2) district in the Residential 20 (R2) district in the Residential 20 (R2) district in the Residential 20 (R----20) district:20) district:20) district:20) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 80808080 36 (a portion of)36 (a portion of)36 (a portion of)36 (a portion of) 149149149149 Surfside RoadSurfside RoadSurfside RoadSurfside Road 80808080 35 (a portion of)35 (a portion of)35 (a portion of)35 (a portion of) 8888 Nobadeer AvenueNobadeer AvenueNobadeer AvenueNobadeer Avenue 87878787 114 (a portion of)114 (a portion of)114 (a portion of)114 (a portion of) 5555 Station StreetStation StreetStation StreetStation Street 87878787 150 (a portion of)150 (a portion of)150 (a portion of)150 (a portion of) 10101010 Auriga StreetAuriga StreetAuriga StreetAuriga Street 80808080 219.3 (a portion of)219.3 (a portion of)219.3 (a portion of)219.3 (a portion of) 10101010 Auriga StreetAuriga StreetAuriga StreetAuriga Street 3.3.3.3. By placing the following properties currently located in the Limited Use General 3 (LUGBy placing the following properties currently located in the Limited Use General 3 (LUGBy placing the following properties currently located in the Limited Use General 3 (LUGBy placing the following properties currently located in the Limited Use General 3 (LUG---- 3) district in the Residential 20 (R3) district in the Residential 20 (R3) district in the Residential 20 (R3) district in the Residential 20 (R----20) di20) di20) di20) district:strict:strict:strict: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 88888888 79 (a portion of)79 (a portion of)79 (a portion of)79 (a portion of) 64646464 Nobadeer AvenueNobadeer AvenueNobadeer AvenueNobadeer Avenue 88888888 13 (a portion of)13 (a portion of)13 (a portion of)13 (a portion of) 68686868 Nobadeer AvenueNobadeer AvenueNobadeer AvenueNobadeer Avenue 88888888 58 (a portion of)58 (a portion of)58 (a portion of)58 (a portion of) 63636363 Nobadeer AvenueNobadeer AvenueNobadeer AvenueNobadeer Avenue 88888888 58.1 (a portion of)58.1 (a portion of)58.1 (a portion of)58.1 (a portion of) 63636363 Nobadeer AvenueNobadeer AvenueNobadeer AvenueNobadeer Avenue 4.4.4.4. By placing the following properties currently located in By placing the following properties currently located in By placing the following properties currently located in By placing the following properties currently located in the Residential 20 (Rthe Residential 20 (Rthe Residential 20 (Rthe Residential 20 (R----20) district 20) district 20) district 20) district in the Limited Use General 2 (LUGin the Limited Use General 2 (LUGin the Limited Use General 2 (LUGin the Limited Use General 2 (LUG----2) district:2) district:2) district:2) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet Page 45 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 87878787 92 (a portion of)92 (a portion of)92 (a portion of)92 (a portion of) Weweeder PondWeweeder PondWeweeder PondWeweeder Pond 87878787 93 (a portion of)93 (a portion of)93 (a portion of)93 (a portion of) 41414141 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87 (80)87 (80)87 (80)87 (80) 154 (a portion of)154 (a portion of)154 (a portion of)154 (a portion of) Weweeder PondWeweeder PondWeweeder PondWeweeder Pond 79797979 35 (a portion of)35 (a portion of)35 (a portion of)35 (a portion of) 12R12R12R12R SkyliSkyliSkyliSkyline Drivene Drivene Drivene Drive 79797979 4 (a portion of)4 (a portion of)4 (a portion of)4 (a portion of) 8888 Skyline DriveSkyline DriveSkyline DriveSkyline Drive 5.5.5.5. 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) district 20) district 20) district 20) district in the Limited Use General 3 (LUGin the Limited Use General 3 (LUGin the Limited Use General 3 (LUGin the Limited Use General 3 (LUG----3) district:3) district:3) district:3) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 88888888 47 (a portion of)47 (a portion of)47 (a portion of)47 (a portion of) beachbeachbeachbeach 88888888 48 (a portion48 (a portion48 (a portion48 (a portion of) of) of) of) beachbeachbeachbeach 87878787 40 (a portion of)40 (a portion of)40 (a portion of)40 (a portion of) beachbeachbeachbeach 87878787 43 (a portion of)43 (a portion of)43 (a portion of)43 (a portion of) beachbeachbeachbeach 87878787 48 (a portion of)48 (a portion of)48 (a portion of)48 (a portion of) beachbeachbeachbeach 87878787 60 (a portion of)60 (a portion of)60 (a portion of)60 (a portion of) beachbeachbeachbeach 6.6.6.6. By placing the following properties currently located in the Residential 10 (RBy placing the following properties currently located in the Residential 10 (RBy placing the following properties currently located in the Residential 10 (RBy placing the following properties currently located in the Residential 10 (R----10) district 10) district 10) district 10) district in the Residential Commercial (RC)in the Residential Commercial (RC)in the Residential Commercial (RC)in the Residential Commercial (RC) district: district: district: district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 55555555 240.1 (a portion of)240.1 (a portion of)240.1 (a portion of)240.1 (a portion of) 38383838 Sparks AvenueSparks AvenueSparks AvenueSparks Avenue 7.7.7.7. By placing the following properties currently located in the Sconset Residential 20 (SRBy placing the following properties currently located in the Sconset Residential 20 (SRBy placing the following properties currently located in the Sconset Residential 20 (SRBy placing the following properties currently located in the Sconset Residential 20 (SR---- 20) district in the Limited Use General 3 (LUG20) district in the Limited Use General 3 (LUG20) district in the Limited Use General 3 (LUG20) district in the Limited Use General 3 (LUG----3) district:3) district:3) district:3) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 48484848 6 6 6 6 (a portion of)(a portion of)(a portion of)(a portion of) Sconset BluffSconset BluffSconset BluffSconset Bluff 48484848 8 (a portion of)8 (a portion of)8 (a portion of)8 (a portion of) Sconset BluffSconset BluffSconset BluffSconset Bluff 8.8.8.8. By placing the following properties currently located in the Limited Use General 3 (LUGBy placing the following properties currently located in the Limited Use General 3 (LUGBy placing the following properties currently located in the Limited Use General 3 (LUGBy placing the following properties currently located in the Limited Use General 3 (LUG---- 3) district in the Sconset Residential 20 (SR3) district in the Sconset Residential 20 (SR3) district in the Sconset Residential 20 (SR3) district in the Sconset Residential 20 (SR----20) district:20) district:20) district:20) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 73.1.473.1.473.1.473.1.4 11.2 (a p11.2 (a p11.2 (a p11.2 (a portion of)ortion of)ortion of)ortion of) 3333 Baxter RoadBaxter RoadBaxter RoadBaxter Road 9.9.9.9. By placing the following properties currently located in the Sconset Residential 1 (SRBy placing the following properties currently located in the Sconset Residential 1 (SRBy placing the following properties currently located in the Sconset Residential 1 (SRBy placing the following properties currently located in the Sconset Residential 1 (SR----1) 1) 1) 1) 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 73.1.373.1.373.1.373.1.3 3 (a portion of)3 (a portion of)3 (a portion of)3 (a portion of) 2222 Nosegay LaneNosegay LaneNosegay LaneNosegay Lane 73.1.373.1.373.1.373.1.3 4 (a portion4 (a portion4 (a portion4 (a portion of) of) of) of) 4444 Nosegay LaneNosegay LaneNosegay LaneNosegay Lane Page 46 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 73.1.373.1.373.1.373.1.3 5.8 (a portion of)5.8 (a portion of)5.8 (a portion of)5.8 (a portion of) Sconset BluffSconset BluffSconset BluffSconset Bluff 10.10.10.10. By placing the following property currently located in the Limited Use General 3 (LUGBy placing the following property currently located in the Limited Use General 3 (LUGBy placing the following property currently located in the Limited Use General 3 (LUGBy placing the following property currently located in the Limited Use General 3 (LUG----3) 3) 3) 3) 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) district:1) district:1) district:1) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 43434343 93 (a portion of)93 (a portion of)93 (a portion of)93 (a portion of) 16161616 Gardner RoadGardner RoadGardner RoadGardner Road 43434343 132 (a portion of)132 (a portion of)132 (a portion of)132 (a portion of) 28282828 Gardner RoadGardner RoadGardner RoadGardner Road 43434343 131 (a portion of)131 (a portion of)131 (a portion of)131 (a portion of) 11111111 North RoadNorth RoadNorth RoadNorth Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 43” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 43” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 43” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 43” dated November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk. FINANCE COMFINANCE COMFINANCE COMFINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board MITTEE COMMENT: The Finance Committee supports the Planning Board MITTEE COMMENT: The Finance Committee supports the Planning Board MITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLE ARTICLE ARTICLE ARTICLE 44444444 (Zoning Change: Eel Point Road)(Zoning Change: Eel Point Road)(Zoning Change: Eel Point Road)(Zoning Change: Eel Point Road) To see if the Town will vote amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 37 1 Eel Point Road 37 2 Eel Point Road 37 3 Eel Point Road 34 1 Eel Point Road 33 1 187 Eel Point Road 33 2 185 Eel Point Road 33 3 183 Eel Point Road 33 4 16 Lavendar Lane 33 23 8 Lavendar Lane 33 5 169 Eel Point Road 33 9 141 Eel Point Road 33 6 Eel Point Road 33 7 155 Eel Point Road 33 8 151 Eel Point Road 33 10 Eel Point Road 38 37 Off Warren’s Landing Road 38 38 Off Warren’s Landing Road Page 47 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 38 39 Off Warren’s Landing Road 38 3 136 Eel Point Road 33 24 4 Lavendar Lane 32 33 110 Eel Point Road 32 32 86 Eel Point Road 32 31 76 Eel Point Road 39 2 90 Eel Point Road 39 1 90 Eel Point Road 38 7 1 Warren’s Landing Road 38 121 15 Ridge Lane 38 122 14 Ridge Lane 38 129 7 Warren’s Landing Road 38 115 28 Ridge Lane 38 139 13 Warren’s Landing Road 38 131 23 Warren’s Landing Road 38 59 31 Warren’s Landing Road 38 130 16 Warren’s Landing Road 38 92 8 Warren’s Landing Road 38 42 193 Madaket Road 38 11.1 233R Madaket Road 38 11.2 30 Warren’s Landing Road 38 11.3 26 Warren’s Landing Road 38 11.4 32 Warren’s Landing Road 38 26.3 46 Warren’s Landing Road 38 47 48 Warren’s Landing Road 38 48 48 Warren’s Landing Road 38 30 55 Warren’s Landing Road 38 29 52 Warren’s Landing Road 38 27 50 Warren’s Landing Road 38 26.1 10 Blue Heron Way 38 25 25 North Cambridge Street 38 24 27 North Cambridge Street 38 22 29 North Cambridge Street 38 158 21 North Cambridge Street 38 159 17 North Cambridge Street 38 172 38 171 38 13 North Cambridge Street 38 12 34R Warren’s Landing Road Page 48 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 38 170 38 169 38 168 38 167 38 166 38 165 38 164 38 163 38 162 38 161 38 160 North Cambridge Street 38 180 38 179 38 178 38 177 38 176 38 175 38 174 38 173 38 26.2 9 Blue Heron Way All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 44” dated November 5, 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 Limited Use Generalby placing the following properties currently located in the Limited Use Generalby placing the following properties currently located in the Limited Use Generalby placing the following properties currently located in the Limited Use General 2 2 2 2 (LUG(LUG(LUG(LUG----2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG----3) district: 3) district: 3) district: 3) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 37373737 1111 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 37373737 2222 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 37373737 3333 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 34343434 1111 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 33333333 1111 187187187187 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 33333333 2222 185185185185 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 33333333 3333 183183183183 Eel Point RoaEel Point RoaEel Point RoaEel Point Roadddd 33333333 4444 16161616 Lavendar LaneLavendar LaneLavendar LaneLavendar Lane Page 49 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 33333333 23232323 8888 Lavendar LaneLavendar LaneLavendar LaneLavendar Lane 33333333 5555 169169169169 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 33333333 9999 141141141141 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 33333333 6666 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 33333333 7777 155155155155 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 33333333 8888 151151151151 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 33333333 10101010 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 38383838 37373737 OffOffOffOff Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 38383838 OffOffOffOff Warren’s Landing RoWarren’s Landing RoWarren’s Landing RoWarren’s Landing Roadadadad 38383838 39393939 OffOffOffOff Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 3333 136136136136 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 33333333 24242424 4444 Lavendar LaneLavendar LaneLavendar LaneLavendar Lane 32323232 33333333 110110110110 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 32323232 32323232 86868686 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 32323232 31313131 76767676 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 39393939 2222 90909090 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 39393939 1111 90 90 90 90 Eel Point RoadEel Point RoadEel Point RoadEel Point Road 38383838 7777 1111 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 121121121121 15151515 Ridge Ridge Ridge Ridge LaneLaneLaneLane 38383838 122122122122 14141414 Ridge LaneRidge LaneRidge LaneRidge Lane 38383838 129129129129 7777 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 115115115115 28282828 Ridge LaneRidge LaneRidge LaneRidge Lane 38383838 139139139139 13131313 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 131131131131 23232323 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 59595959 31313131 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 130130130130 16161616 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 92929292 8888 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 42424242 193193193193 MaMaMaMadaket Roaddaket Roaddaket Roaddaket Road 38383838 11.111.111.111.1 233R233R233R233R Madaket RoadMadaket RoadMadaket RoadMadaket Road 38383838 11.211.211.211.2 30303030 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 11.311.311.311.3 26262626 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 11.411.411.411.4 32323232 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 26.326.326.326.3 46464646 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 47474747 48484848 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 48484848 48484848 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 30303030 55 55 55 55 Warren’Warren’Warren’Warren’s Landing Roads Landing Roads Landing Roads Landing Road 38383838 29292929 52525252 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 27272727 50505050 Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 26.126.126.126.1 10101010 Blue Heron WayBlue Heron WayBlue Heron WayBlue Heron Way Page 50 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 38383838 25252525 25252525 North Cambridge StreetNorth Cambridge StreetNorth Cambridge StreetNorth Cambridge Street 38383838 24242424 27272727 North Cambridge StreetNorth Cambridge StreetNorth Cambridge StreetNorth Cambridge Street 38383838 22222222 29292929 North Cambridge StreetNorth Cambridge StreetNorth Cambridge StreetNorth Cambridge Street 38383838 158158158158 21212121 North Cambridge Street North Cambridge Street North Cambridge Street North Cambridge Street 38383838 159159159159 17171717 NorthNorthNorthNorth Cambridge Street Cambridge Street Cambridge Street Cambridge Street 38383838 172172172172 38383838 171171171171 38383838 13131313 North Cambridge StreetNorth Cambridge StreetNorth Cambridge StreetNorth Cambridge Street 38383838 12121212 34R34R34R34R Warren’s Landing RoadWarren’s Landing RoadWarren’s Landing RoadWarren’s Landing Road 38383838 170170170170 38383838 169169169169 38383838 168168168168 38383838 167167167167 38383838 166166166166 38383838 165165165165 38383838 164164164164 38383838 163163163163 38383838 162162162162 38383838 161161161161 38383838 160160160160 North Cambridge Street North Cambridge Street North Cambridge Street North Cambridge Street 38383838 180180180180 38383838 179179179179 38383838 178178178178 38383838 177177177177 38383838 176176176176 38383838 175175175175 38383838 174174174174 38383838 173173173173 38383838 26.226.226.226.2 9999 Blue Heron WayBlue Heron WayBlue Heron WayBlue Heron Way All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 44” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 44” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 44” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 44” dated November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEFINANCE COMMITTEFINANCE COMMITTEFINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board E COMMENT: The Finance Committee supports the Planning Board E COMMENT: The Finance Committee supports the Planning Board E COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. Page 51 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE ARTICLE ARTICLE ARTICLE 45454545 (Zoning Change: Appleton Road)(Zoning Change: Appleton Road)(Zoning Change: Appleton Road)(Zoning Change: Appleton Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Village Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 66 66 43 Appleton Road 66 502 47 Appleton Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 45” dated November 5, 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 plaby plaby plaby placing the following properties currently located in the Residential Commercial 2 cing the following properties currently located in the Residential Commercial 2 cing the following properties currently located in the Residential Commercial 2 cing the following properties currently located in the Residential Commercial 2 (RC(RC(RC(RC----2) district in the Village Trade, Entrepreneurship and Craft (VTEC) district:2) district in the Village Trade, Entrepreneurship and Craft (VTEC) district:2) district in the Village Trade, Entrepreneurship and Craft (VTEC) district:2) district in the Village Trade, Entrepreneurship and Craft (VTEC) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 66666666 66666666 43434343 Appleton RoadAppleton RoadAppleton RoadAppleton Road 66666666 502502502502 47474747 Appleton RoadAppleton RoadAppleton RoadAppleton Road All as shown on a mAll as shown on a mAll as shown on a mAll as shown on a map entitled “2010 Annual Town Meeting Warrant Article 45” dated ap entitled “2010 Annual Town Meeting Warrant Article 45” dated ap entitled “2010 Annual Town Meeting Warrant Article 45” dated ap entitled “2010 Annual Town Meeting Warrant Article 45” dated November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLEARTICLEARTICLEARTICLE 46 46 46 46 (Zoning Change: Fairgr(Zoning Change: Fairgr(Zoning Change: Fairgr(Zoning Change: Fairgrounds Road and Old South Road)ounds Road and Old South Road)ounds Road and Old South Road)ounds Road and Old South Road) To see if the Town will vote to take the following actions: 1. To amend the Zoning Map of the Town of Nantucket by placing properties currently owned by the Town of Nantucket and located in the Residential Commercial 2 (RC-2) district in the Residential 5 (R-5) district and the Commercial Neighborhood (CN) district. 2. To amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 67 41.1 15 Old South Road Page 52 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 67 41.2 17 Old South Road 67 41.3 17 Old South Road 67 41.4 17A Old South Road 67 41.5 17B Old South Road 67 41.6 17C Old South Road 67 667 19 Old South Road 67 668 19A Old South Road 67 669 19C Old South Road 67 41 19B Old South Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 46” dated November 5, 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 by taking the following actions:amended by taking the following actions:amended by taking the following actions:amended by taking the following actions: 1.1.1.1. To amend the Zoning Map of the Town of Nantucket by placing To amend the Zoning Map of the Town of Nantucket by placing To amend the Zoning Map of the Town of Nantucket by placing To amend the Zoning Map of the Town of Nantucket by placing Lots 66 through Lots 66 through Lots 66 through Lots 66 through 76 76 76 76 (inclusive) shown on Land Court Plan 37902(inclusive) shown on Land Court Plan 37902(inclusive) shown on Land Court Plan 37902(inclusive) shown on Land Court Plan 37902----C C C C and located in the Residential and located in the Residential and located in the Residential and located in the Residential Commercial 2 (RCCommercial 2 (RCCommercial 2 (RCCommercial 2 (RC----2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R2) district in the Residential 5 (R----5) district 5) district 5) district 5) district and by placing Lots 77, and by placing Lots 77, and by placing Lots 77, and by placing Lots 77, 78, and 79 shown on Land Court Plan 3790278, and 79 shown on Land Court Plan 3790278, and 79 shown on Land Court Plan 3790278, and 79 shown on Land Court Plan 37902----C and lC and lC and lC and located in the Residential ocated in the Residential ocated in the Residential ocated in the Residential Commercial 2 Commercial 2 Commercial 2 Commercial 2 (RC(RC(RC(RC----2) district in the Commercial Neighborhood (CN) district.2) district in the Commercial Neighborhood (CN) district.2) district in the Commercial Neighborhood (CN) district.2) district in the Commercial Neighborhood (CN) district. Lots 66 Lots 66 Lots 66 Lots 66 through 79 (inclusive) are currently owned by the Town of Nantucket.through 79 (inclusive) are currently owned by the Town of Nantucket.through 79 (inclusive) are currently owned by the Town of Nantucket.through 79 (inclusive) are currently owned by the Town of Nantucket. 2.2.2.2. To amend the Zoning Map of the Town of Nantucket by placing the following properties To amend the Zoning Map of the Town of Nantucket by placing the following properties To amend the Zoning Map of the Town of Nantucket by placing the following properties To amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Rescurrently located in the Rescurrently located in the Rescurrently located in the Residential Commercial 2 (RCidential Commercial 2 (RCidential Commercial 2 (RCidential Commercial 2 (RC----2) district in the Commercial 2) district in the Commercial 2) district in the Commercial 2) district in the Commercial Neighborhood (CN) district:Neighborhood (CN) district:Neighborhood (CN) district:Neighborhood (CN) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 67676767 41.141.141.141.1 15151515 Old South RoadOld South RoadOld South RoadOld South Road 67676767 41.241.241.241.2 17171717 Old South RoadOld South RoadOld South RoadOld South Road 67676767 41.341.341.341.3 17171717 Old South RoadOld South RoadOld South RoadOld South Road 67676767 41.441.441.441.4 17A17A17A17A Old South RoadOld South RoadOld South RoadOld South Road 67676767 41.541.541.541.5 17B17B17B17B Old South RoadOld South RoadOld South RoadOld South Road 67676767 41.641.641.641.6 17C17C17C17C Old South RoadOld South RoadOld South RoadOld South Road 67676767 667667667667 19191919 Old South RoadOld South RoadOld South RoadOld South Road 67676767 668668668668 19A19A19A19A Old South RoadOld South RoadOld South RoadOld South Road 67676767 669669669669 19C19C19C19C Old South RoadOld South RoadOld South RoadOld South Road 67676767 41414141 19B19B19B19B Old South RoadOld South RoadOld South RoadOld South Road Page 53 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 46” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 46” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 46” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 46” dated November 5, 2009 and filed herewith at the Office November 5, 2009 and filed herewith at the Office November 5, 2009 and filed herewith at the Office November 5, 2009 and filed herewith at the Office of the Town Clerk.of the Town Clerk.of the Town Clerk.of the Town Clerk. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLEARTICLEARTICLEARTICLE 47 47 47 47 (Zoning Change: West Miacomet Road and Somerset Road)(Zoning Change: West Miacomet Road and Somerset Road)(Zoning Change: West Miacomet Road and Somerset Road)(Zoning Change: West Miacomet Road and Somerset Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 10 (R-10) district: Map Lot Number Street 66 151 126 Somerset Road 66 150 130 Somerset Road 66 150.1 2 West Miacomet Road 81 163 132 Somerset Road 81 160 4 West Miacomet Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 47” dated November 5, 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 Commercial 2 by placing the following properties currently located in the Residential Commercial 2 by placing the following properties currently located in the Residential Commercial 2 by placing the following properties currently located in the Residential Commercial 2 (RC(RC(RC(RC----2) district in the Residential 10 (R2) district in the Residential 10 (R2) district in the Residential 10 (R2) district in the Residential 10 (R----10) district:10) district:10) district:10) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 66666666 151151151151 126126126126 Somerset RoadSomerset RoadSomerset RoadSomerset Road 66666666 150150150150 130130130130 Somerset RoadSomerset RoadSomerset RoadSomerset Road 66666666 150.1150.1150.1150.1 2222 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road 81818181 163163163163 132132132132 Somerset RoadSomerset RoadSomerset RoadSomerset Road 81818181 160160160160 4444 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 47” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 47” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 47” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 47” dated November November November November 5, 2009 and filed herewith at the Office of the Town Clerk.5, 2009 and filed herewith at the Office of the Town Clerk.5, 2009 and filed herewith at the Office of the Town Clerk.5, 2009 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. Page 54 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE ARTICLE ARTICLE ARTICLE 48484848 (Zoning Change: Miacomet Golf Club)(Zoning Change: Miacomet Golf Club)(Zoning Change: Miacomet Golf Club)(Zoning Change: Miacomet Golf Club) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 81 150 12 West Miacomet Road 81 161 6 West Miacomet Road 81 162 8 West Miacomet Road 81 164 6.5 West Miacomet Road 66 67 (a portion of) 70 Bartlett Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 81 1 (a portion of) 1 West Miacomet Road 82 2 (a portion of) 3 West Miacomet Road 3. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 66 69 125 Somerset Road 69 69.1 (a portion of) 123 Somerset Road 4. By placing the following properties currently located in the Country Overlay District (COD) in the Town Overlay District (TOD): Map Lot Number Street 81 1 (a portion of) 1 West Miacomet Road 82 2 (a portion of) 3 West Miacomet Road 81 150 12 West Miacomet Road 66 67 (a portion of) 70 Bartlett Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 48” dated November 5, 2009 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. Page 55 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions (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 and the and the and the and the map entitled “Town and Cmap entitled “Town and Cmap entitled “Town and Cmap entitled “Town and Country Designations” be amended by taking the following actions:ountry Designations” be amended by taking the following actions:ountry Designations” be amended by taking the following actions:ountry Designations” be amended by taking the following actions: 1.1.1.1. By placing the following properties currently located in the Residential Commercial 2 By placing the following properties currently located in the Residential Commercial 2 By placing the following properties currently located in the Residential Commercial 2 By placing the following properties currently located in the Residential Commercial 2 (RC(RC(RC(RC----2) district in the Commercial Neighborhood (CN) district:2) district in the Commercial Neighborhood (CN) district:2) district in the Commercial Neighborhood (CN) district:2) district in the Commercial Neighborhood (CN) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 81818181 150150150150 12121212 West MiWest MiWest MiWest Miacomet Roadacomet Roadacomet Roadacomet Road 81818181 161161161161 6666 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road 81818181 162162162162 8888 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road 81818181 164164164164 6.56.56.56.5 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road 66666666 67 (a portion of)67 (a portion of)67 (a portion of)67 (a portion of) 70707070 Bartlett RoadBartlett RoadBartlett RoadBartlett Road 2.2.2.2. By placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUG---- 2) district in the Commerc2) district in the Commerc2) district in the Commerc2) district in the Commercial Neighborhood (CN) district:ial Neighborhood (CN) district:ial Neighborhood (CN) district:ial Neighborhood (CN) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 81818181 1 (a portion of)1 (a portion of)1 (a portion of)1 (a portion of) 1111 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road 82828282 2 (a portion of)2 (a portion of)2 (a portion of)2 (a portion of) 3333 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road 3.3.3.3. By placing the following properties currently located in the Residential Commercial 2 By placing the following properties currently located in the Residential Commercial 2 By placing the following properties currently located in the Residential Commercial 2 By placing the following properties currently located in the Residential Commercial 2 (RC(RC(RC(RC----2) district in the Limit2) district in the Limit2) district in the Limit2) district in the Limited Use General 3 (LUGed Use General 3 (LUGed Use General 3 (LUGed Use General 3 (LUG----3) district:3) district:3) district:3) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 66666666 69696969 125125125125 Somerset RoadSomerset RoadSomerset RoadSomerset Road 69696969 69.1 (a portion of)69.1 (a portion of)69.1 (a portion of)69.1 (a portion of) 123123123123 Somerset RoadSomerset RoadSomerset RoadSomerset Road 4.4.4.4. By placing the following properties currently located in the Country Overlay District By placing the following properties currently located in the Country Overlay District By placing the following properties currently located in the Country Overlay District By placing the following properties currently located in the Country Overlay District (COD) in the Town Overlay District (TOD):(COD) in the Town Overlay District (TOD):(COD) in the Town Overlay District (TOD):(COD) in the Town Overlay District (TOD): MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 81818181 1 (a portion of)1 (a portion of)1 (a portion of)1 (a portion of) 1111 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road 82828282 2 (a portion of)2 (a portion of)2 (a portion of)2 (a portion of) 3333 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road 81818181 150150150150 12121212 West Miacomet RoadWest Miacomet RoadWest Miacomet RoadWest Miacomet Road 66666666 67 (a portion of)67 (a portion of)67 (a portion of)67 (a portion of) 70707070 Bartlett RoadBartlett RoadBartlett RoadBartlett Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 48” All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 48” All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 48” All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 48” dated dated dated dated November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. Page 56 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 49ARTICLE 49ARTICLE 49ARTICLE 49 (Zoning Change: South Pasture)(Zoning Change: South Pasture)(Zoning Change: South Pasture)(Zoning Change: South Pasture) To see if the Town will vote to take the following actions: 1. To amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 3 (LUG-3) district in the Commercial Industrial (CI) district: Map Lot Number Street 78 4 (a portion of) Maddequecham Valley Road 2. To amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following properties currently located in the Country Overlay District, in the Town Overlay District: Map Lot Number Street 78 4 (a portion of) Maddequecham Valley Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 49” dated January 22, 2010 and filed herewith at the Office of the Town Clerk. (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 and the and the and the and the map entitled “Town and Country Designations” be amended by taking the following actions:map entitled “Town and Country Designations” be amended by taking the following actions:map entitled “Town and Country Designations” be amended by taking the following actions:map entitled “Town and Country Designations” be amended by taking the following actions: 1. To amend the Zoning Map of the Town of Nantucket by placing the following properties 1. To amend the Zoning Map of the Town of Nantucket by placing the following properties 1. To amend the Zoning Map of the Town of Nantucket by placing the following properties 1. To amend the Zoning Map of the Town of Nantucket by placing the following properties currently locatedcurrently locatedcurrently locatedcurrently located in the Limited Use General 3 (LUG in the Limited Use General 3 (LUG in the Limited Use General 3 (LUG in the Limited Use General 3 (LUG----3) district in the Commercial Industrial 3) district in the Commercial Industrial 3) district in the Commercial Industrial 3) district in the Commercial Industrial (CI) district:(CI) district:(CI) district:(CI) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 78787878 4 (a portion of)4 (a portion of)4 (a portion of)4 (a portion of) Maddequecham Valley RoadMaddequecham Valley RoadMaddequecham Valley RoadMaddequecham Valley Road 2222. To amend the map entitled “Town and Country Designations” of the Town of Nantucket by . To amend the map entitled “Town and Country Designations” of the Town of Nantucket by . To amend the map entitled “Town and Country Designations” of the Town of Nantucket by . To amend the map entitled “Town and Country Designations” of the Town of Nantucket by plaplaplaplacing the following properties currently located in the Country Overlay District, in the cing the following properties currently located in the Country Overlay District, in the cing the following properties currently located in the Country Overlay District, in the cing the following properties currently located in the Country Overlay District, in the Town Overlay District:Town Overlay District:Town Overlay District:Town Overlay District: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 78787878 4 (a portion of)4 (a portion of)4 (a portion of)4 (a portion of) Maddequecham Valley RoadMaddequecham Valley RoadMaddequecham Valley RoadMaddequecham Valley Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article All as shown on a map entitled “2010 Annual Town Meeting Warrant Article All as shown on a map entitled “2010 Annual Town Meeting Warrant Article All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 49” dated January 49” dated January 49” dated January 49” dated January 22, 2010 and filed herewith at the Office of the Town Clerk.22, 2010 and filed herewith at the Office of the Town Clerk.22, 2010 and filed herewith at the Office of the Town Clerk.22, 2010 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. Page 57 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLEARTICLEARTICLEARTICLE 50 50 50 50 (Zoning Change: Surfside Area Plan (Zoning Change: Surfside Area Plan (Zoning Change: Surfside Area Plan (Zoning Change: Surfside Area Plan –––– Surfside West) Surfside West) Surfside West) Surfside West) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use 1 (LUG-1) district: Map Lot Number Street 80 218 20 South Shore Road 80 116 24 South Shore Road 80 178 28 South Shore Road 80 300 4 Blueberry Lane 80 301 6 Blueberry Lane 80 302 8 Blueberry Lane 80 297.8 South Pasture Lane 80 297.7 12 South Pasture Lane 80 297.6 10 South Pasture Lane 80 297.5 8 South Pasture Lane 80 297.4 6 South Pasture Lane 80 297.3 4 South Pasture Lane 80 297.2 25 South Shore Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Residential 40 (R-40) district: Map Lot Number Street 67 74 4 South Shore Road 67 337 6 South Shore Road 80 3 8 South Shore Road 80 67 14 South Shore Road 80 66 18 South Shore Road 80 65 14 South Shore Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 50” dated November 5, 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 by tamended by tamended by tamended by taking the following actions:aking the following actions:aking the following actions:aking the following actions: 1.1.1.1. By placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUG---- 2) district in the Limited Use 1 (LUG2) district in the Limited Use 1 (LUG2) district in the Limited Use 1 (LUG2) district in the Limited Use 1 (LUG----1) district:1) district:1) district:1) district: Page 58 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 80808080 218218218218 20202020 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road 80808080 116116116116 24242424 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road 80808080 178178178178 28282828 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road 80808080 300300300300 4444 Blueberry LaneBlueberry LaneBlueberry LaneBlueberry Lane 80808080 301301301301 6666 Blueberry LaneBlueberry LaneBlueberry LaneBlueberry Lane 80808080 302302302302 8888 Blueberry LaneBlueberry LaneBlueberry LaneBlueberry Lane 80808080 297.8297.8297.8297.8 South Pasture LaneSouth Pasture LaneSouth Pasture LaneSouth Pasture Lane 80808080 297.7297.7297.7297.7 12121212 South Pasture LaneSouth Pasture LaneSouth Pasture LaneSouth Pasture Lane 80808080 297.6297.6297.6297.6 10101010 South Pasture LaneSouth Pasture LaneSouth Pasture LaneSouth Pasture Lane 80808080 297.5297.5297.5297.5 8888 South Pasture LaneSouth Pasture LaneSouth Pasture LaneSouth Pasture Lane 80808080 297.4297.4297.4297.4 6666 South Pasture LaneSouth Pasture LaneSouth Pasture LaneSouth Pasture Lane 80808080 222297.397.397.397.3 4444 South Pasture LaneSouth Pasture LaneSouth Pasture LaneSouth Pasture Lane 80808080 297.2297.2297.2297.2 25252525 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road 2.2.2.2. By placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUGBy placing the following properties currently located in the Limited Use General 2 (LUG---- 2) district in the Residential 40 (R2) district in the Residential 40 (R2) district in the Residential 40 (R2) district in the Residential 40 (R----40) district:40) district:40) district:40) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 67676767 74747474 4444 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road 67676767 337337337337 6666 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road 80808080 3333 8888 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road 80808080 67676767 14141414 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road 80808080 66666666 18181818 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road 80808080 65656565 14141414 South Shore RoadSouth Shore RoadSouth Shore RoadSouth Shore Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 50” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 50” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 50” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 50” dated November 5, 2009 and filed herewith at the OfficNovember 5, 2009 and filed herewith at the OfficNovember 5, 2009 and filed herewith at the OfficNovember 5, 2009 and filed herewith at the Office of the Town Clerk.e of the Town Clerk.e of the Town Clerk.e of the Town Clerk. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLEARTICLEARTICLEARTICLE 51 51 51 51 (Zoning Change: Surfside Area Plan (Zoning Change: Surfside Area Plan (Zoning Change: Surfside Area Plan (Zoning Change: Surfside Area Plan –––– Surfside South) Surfside South) Surfside South) Surfside South) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use 1 (LUG-1) district: Map Lot Number Street 79 27 62 Lovers Lane 79 77 52 Pochick Avenue 79 128 54 Pochick Avenue Page 59 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 79 163 58 Pochick Avenue 79 162 60 Pochick Avenue 79 179 64 Pochick Avenue 79 178 64 Pochick Avenue 79 177 66 Pochick Avenue 79 176 21 Irving Street 79 175 Irving Street 79 156 68 Pochick Avenue 79 155 70 Pochick Avenue 79 154 72 Pochick Avenue 79 118 27 Okorwaw Avenue 79 76 55 Pochick Avenue 79 127 53 Pochick Avenue 79 126 57 Pochick Avenue 79 125 59 Pochick Avenue 79 159 61 Pochick Avenue 79 158 18 Irving Street 79 160 Pochick Avenue 79 122 14 Irving Street 79 124 14 Irving Street 79 123 12 Irving Street 79 73 12 Irving Street 79 157 17 Irving Street 79 120 67 Pochick Avenue 79 121 15 Irving Street 79 72 13 Irving Street 79 119 69 Pochick Avenue 79 70 69R Pochick Avenue 79 71 69 Pochick Avenue 79 15 50 Weweeder Avenue 79 69 71 Pochick Avenue 79 68 75 Pochick Avenue 79 14 54 Weweeder Avenue 79 67 11 Adams Street 80 102 4 Weweeder Avenue 80 102.1 6 Weweeder Avenue 80 37 4 Nobadeer Avenue 80 38 1 Weweeder Avenue 80 219.2 1 Weweeder Avenue Page 60 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 2. By placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 79 13 Weweeder Avenue 3. By placing the following properties currently located in the Limited Use General 3 (LUG- 3) district in the Residential 20 (R-20) district: Map Lot Number Street 88 59 65 Nobadeer Avenue 88 59.1 65 Nobadeer Avenue 4. By placing the following properties currently located in the Residential 20 (R-20) in the Limited Use General 3 (LUG-3): Map Lot Number Street 88 40 beach 88 41 beach 88 42 beach 88 43 beach 5. By placing the following properties currently located in the Residential 20 (R-20) and the Limited Use General 2 (LUG-2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 87 68 8 Western Avenue 87 67 8 Western Avenue All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 51” dated November 5, 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 by taking the following actions:amended by taking the following actions:amended by taking the following actions:amended by taking the following actions: 1.1.1.1. By placing the following properties currently located in the Limited UseBy placing the following properties currently located in the Limited UseBy placing the following properties currently located in the Limited UseBy placing the following properties currently located in the Limited Use General 2 (LUG General 2 (LUG General 2 (LUG General 2 (LUG---- 2) district in the Limited Use 1 (LUG2) district in the Limited Use 1 (LUG2) district in the Limited Use 1 (LUG2) district in the Limited Use 1 (LUG----1) district:1) district:1) district:1) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 79797979 27272727 62626262 Lovers LaneLovers LaneLovers LaneLovers Lane Page 61 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 79797979 77777777 52525252 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 128128128128 54545454 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 163163163163 58585858 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 162162162162 60606060 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 179179179179 64646464 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 178178178178 64646464 PocPocPocPochick Avenuehick Avenuehick Avenuehick Avenue 79797979 177177177177 66666666 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 176176176176 21212121 Irving StreetIrving StreetIrving StreetIrving Street 79797979 175175175175 Irving StreetIrving StreetIrving StreetIrving Street 79797979 156156156156 68686868 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 155155155155 70707070 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 154154154154 72727272 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 118118118118 27272727 Okorwaw AvenueOkorwaw AvenueOkorwaw AvenueOkorwaw Avenue 79797979 76767676 55555555 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 127127127127 53535353 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 126126126126 57575757 PochPochPochPochick Avenueick Avenueick Avenueick Avenue 79797979 125125125125 59595959 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 159159159159 61616161 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 158158158158 18181818 Irving StreetIrving StreetIrving StreetIrving Street 79797979 160160160160 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 122122122122 14141414 Irving StreetIrving StreetIrving StreetIrving Street 79797979 124124124124 14141414 Irving StreetIrving StreetIrving StreetIrving Street 79797979 123123123123 12121212 Irving StreetIrving StreetIrving StreetIrving Street 79797979 73737373 12121212 Irving StreetIrving StreetIrving StreetIrving Street 79797979 157157157157 17171717 Irving StreetIrving StreetIrving StreetIrving Street 79797979 120120120120 67676767 Pochick APochick APochick APochick Avenuevenuevenuevenue 79797979 121121121121 15151515 Irving StreetIrving StreetIrving StreetIrving Street 79797979 72727272 13131313 Irving StreetIrving StreetIrving StreetIrving Street 79797979 119119119119 69696969 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 70707070 69R69R69R69R Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 71717171 69696969 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 15151515 50505050 Weweeder AvenueWeweeder AvenueWeweeder AvenueWeweeder Avenue 79797979 69696969 71717171 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 68686868 75757575 Pochick AvenuePochick AvenuePochick AvenuePochick Avenue 79797979 14141414 54545454 Weweeder AvenueWeweeder AvenueWeweeder AvenueWeweeder Avenue 79797979 67676767 11111111 Adams StreetAdams StreetAdams StreetAdams Street 80808080 102102102102 4444 Weweeder AvenueWeweeder AvenueWeweeder AvenueWeweeder Avenue 80808080 102.1102.1102.1102.1 6666 Weweeder AvenueWeweeder AvenueWeweeder AvenueWeweeder Avenue 80808080 37373737 4444 Nobadeer AvenueNobadeer AvenueNobadeer AvenueNobadeer Avenue Page 62 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 80808080 38383838 1111 Weweeder AvenueWeweeder AvenueWeweeder AvenueWeweeder Avenue 80808080 219.2219.2219.2219.2 1111 Weweeder AvenueWeweeder AvenueWeweeder AvenueWeweeder Avenue 2.2.2.2. By By By By placing the following properties currently located in the Limited Use General 2 (LUGplacing the following properties currently located in the Limited Use General 2 (LUGplacing the following properties currently located in the Limited Use General 2 (LUGplacing the following properties currently located in the Limited Use General 2 (LUG---- 2) district in the Limited Use Ge2) district in the Limited Use Ge2) district in the Limited Use Ge2) district in the Limited Use General 3 (LUGneral 3 (LUGneral 3 (LUGneral 3 (LUG----3) district:3) district:3) district:3) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 79797979 13131313 Weweeder AvenueWeweeder AvenueWeweeder AvenueWeweeder Avenue 3.3.3.3. By placing the following properties currently located in the Limited Use General 3 (LUGBy placing the following properties currently located in the Limited Use General 3 (LUGBy placing the following properties currently located in the Limited Use General 3 (LUGBy placing the following properties currently located in the Limited Use General 3 (LUG---- 3) district in the Residential 20 (R3) district in the Residential 20 (R3) district in the Residential 20 (R3) district in the Residential 20 (R----20) district:20) district:20) district:20) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 88888888 59595959 65656565 NobadeerNobadeerNobadeerNobadeer Avenue Avenue Avenue Avenue 88888888 59.159.159.159.1 65656565 Nobadeer AvenueNobadeer AvenueNobadeer AvenueNobadeer Avenue 4.4.4.4. 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) in the 20) in the 20) in the 20) in the Limited Use General 3 (LUGLimited Use General 3 (LUGLimited Use General 3 (LUGLimited Use General 3 (LUG----3):3):3):3): MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 88888888 40404040 beachbeachbeachbeach 88888888 41414141 beachbeachbeachbeach 88888888 42424242 beachbeachbeachbeach 88888888 43434343 beachbeachbeachbeach 5.5.5.5. By placing the fBy placing the fBy placing the fBy placing the following properties currently located in the Residential 20 (Rollowing properties currently located in the Residential 20 (Rollowing properties currently located in the Residential 20 (Rollowing properties currently located in the Residential 20 (R----20) and the 20) and the 20) and the 20) and the Limited Use General 2 (LUGLimited Use General 2 (LUGLimited Use General 2 (LUGLimited Use General 2 (LUG----2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG2) district in the Limited Use General 3 (LUG----3) district:3) district:3) district:3) district: MapMapMapMap LotLotLotLot NumberNumberNumberNumber StreetStreetStreetStreet 87878787 68686868 8888 Western AvenueWestern AvenueWestern AvenueWestern Avenue 87878787 67676767 8888 Western AvenueWestern AvenueWestern AvenueWestern Avenue All as shown on a map All as shown on a map All as shown on a map All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 51” dated entitled “2010 Annual Town Meeting Warrant Article 51” dated entitled “2010 Annual Town Meeting Warrant Article 51” dated entitled “2010 Annual Town Meeting Warrant Article 51” dated November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. Page 63 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE ARTICLE ARTICLE ARTICLE 52525252 (Zoning Change: Somerset (Zoning Change: Somerset (Zoning Change: Somerset (Zoning Change: Somerset Road and Somerset Lane)Road and Somerset Lane)Road and Somerset Lane)Road and Somerset Lane) To see if the Town will vote to take the following actions: 1. To amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Residential 40 (R- 40) district: Map Lot Number Street 66 135 91 Somerset Road 66 135.1 89 Somerset Road 66 135.2 43 Somerset Lane #1 66 135.3 37 Somerset Lane 66 135.4 39 Somerset Lane 66 135.5 41 Somerset Lane 66 135.6 35 Somerset Lane 66 135.7 89 Somerset Road #2 2. To amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following properties currently located in the Town Overlay District, in the Country Overlay District: Map Lot Number Street 66 134.1 33 Somerset Lane 66 134.2 31 Somerset Lane 66 134.3 29 Somerset Lane All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 52” dated November 5, 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 and the and the and the and the map entitled “Town and Country Designations” be amended by taking the following actions:map entitled “Town and Country Designations” be amended by taking the following actions:map entitled “Town and Country Designations” be amended by taking the following actions:map entitled “Town and Country Designations” be amended by taking the following actions: 1.1.1.1. To amend the Zoning Map of the Town ofTo amend the Zoning Map of the Town ofTo amend the Zoning Map of the Town ofTo amend the Zoning Map of the Town of Nantucket by placing the following properties Nantucket by placing the following properties Nantucket by placing the following properties Nantucket by placing the following properties currently located in the Limited Use General 2 (LUGcurrently located in the Limited Use General 2 (LUGcurrently located in the Limited Use General 2 (LUGcurrently located in the Limited Use General 2 (LUG ----2) district in the Residential 40 (R2) district in the Residential 40 (R2) district in the Residential 40 (R2) district in the Residential 40 (R---- 40) district: 40) district: 40) district: 40) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 66666666 135135135135 91919191 Somerset RoadSomerset RoadSomerset RoadSomerset Road 66666666 135.1135.1135.1135.1 89898989 Somerset RoadSomerset RoadSomerset RoadSomerset Road Page 64 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 66666666 135.2135.2135.2135.2 43434343 Somerset Lane Somerset Lane Somerset Lane Somerset Lane #1#1#1#1 66666666 135.3135.3135.3135.3 37373737 Somerset LaneSomerset LaneSomerset LaneSomerset Lane 66666666 135.4135.4135.4135.4 39393939 Somerset LaneSomerset LaneSomerset LaneSomerset Lane 66666666 135.5135.5135.5135.5 41414141 Somerset LaneSomerset LaneSomerset LaneSomerset Lane 66666666 135.6135.6135.6135.6 35353535 Somerset LaneSomerset LaneSomerset LaneSomerset Lane 66666666 135.7135.7135.7135.7 89898989 Somerset Road #2Somerset Road #2Somerset Road #2Somerset Road #2 2.2.2.2. To amend the map entitled “Town and Country Designations” of the Town of Nantucket To amend the map entitled “Town and Country Designations” of the Town of Nantucket To amend the map entitled “Town and Country Designations” of the Town of Nantucket To amend the map entitled “Town and Country Designations” of the Town of Nantucket by placing the following propeby placing the following propeby placing the following propeby placing the following properties currently located in the Town Overlay District, in the rties currently located in the Town Overlay District, in the rties currently located in the Town Overlay District, in the rties currently located in the Town Overlay District, in the Country Overlay District:Country Overlay District:Country Overlay District:Country Overlay District: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 66666666 134.1134.1134.1134.1 33333333 Somerset LaneSomerset LaneSomerset LaneSomerset Lane 66666666 134.2134.2134.2134.2 31313131 Somerset LaneSomerset LaneSomerset LaneSomerset Lane 66666666 134.3134.3134.3134.3 29292929 Somerset LaneSomerset LaneSomerset LaneSomerset Lane All as shown on a map entitled “2010 Annual Town Meeting WarraAll as shown on a map entitled “2010 Annual Town Meeting WarraAll as shown on a map entitled “2010 Annual Town Meeting WarraAll as shown on a map entitled “2010 Annual Town Meeting Warrant Article 52” dated nt Article 52” dated nt Article 52” dated nt Article 52” dated November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLEARTICLEARTICLEARTICLE 53 53 53 53 (Zoning Change: Monomoy)(Zoning Change: Monomoy)(Zoning Change: Monomoy)(Zoning Change: Monomoy) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 1 (LUG-1) district in the Village Residential (VR) district: Map Lot Number Street 54 138 9 Monomoy Road 54 196 11 Monomoy Road 54 198 13 Monomoy Road 54 200 15 Monomoy Road 54 203 17 Monomoy Road 54 226 2 Sandwich Road 54 227 4 Sandwich Road 54 233 6 Sandwich Road 54 228 12 Chatham Road 54 229 10 Chatham Road 54 230 8 Chatham Road Page 65 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 53” dated November 5, 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: Moved that the Zoning Map of the PLANNING BOARD MOTION: Moved that the Zoning Map of the PLANNING BOARD MOTION: Moved that the Zoning Map of the PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be Town of Nantucket be Town of Nantucket be Town of Nantucket be amended by placing the following properties currently located in the Limited Use General 1 amended by placing the following properties currently located in the Limited Use General 1 amended by placing the following properties currently located in the Limited Use General 1 amended by placing the following properties currently located in the Limited Use General 1 (LUG(LUG(LUG(LUG----1) district in the Village Residential (VR) district:1) district in the Village Residential (VR) district:1) district in the Village Residential (VR) district:1) district in the Village Residential (VR) district: MapMapMapMap LotLotLotLot Number Number Number Number StreetStreetStreetStreet 54545454 138138138138 9999 Monomoy RoadMonomoy RoadMonomoy RoadMonomoy Road 54545454 196196196196 11111111 Monomoy RoadMonomoy RoadMonomoy RoadMonomoy Road 54545454 198198198198 13131313 MonMonMonMonomoy Roadomoy Roadomoy Roadomoy Road 54545454 200200200200 15151515 Monomoy RoadMonomoy RoadMonomoy RoadMonomoy Road 54545454 203203203203 17171717 Monomoy RoadMonomoy RoadMonomoy RoadMonomoy Road All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 53” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 53” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 53” dated All as shown on a map entitled “2010 Annual Town Meeting Warrant Article 53” dated November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk.November 5, 2009 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Finance ComFINANCE COMMITTEE COMMENT: The Finance ComFINANCE COMMITTEE COMMENT: The Finance ComFINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board mittee supports the Planning Board mittee supports the Planning Board mittee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLE ARTICLE ARTICLE ARTICLE 54545454 (Zoning Change: Intensity Regulations (Zoning Change: Intensity Regulations (Zoning Change: Intensity Regulations (Zoning Change: Intensity Regulations –––– Residential 5 (R Residential 5 (R Residential 5 (R Residential 5 (R----5))5))5))5)) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as by taking the following actions (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): 1. By amending section 16A as follows: A. Except as expressly provided by § 139-33 of this chapter, no structure or building shall be constructed or used, and no lot or parcel of land shall be built upon, improved or used, and no lot shall be changed in size, shape, boundaries or frontage, unless in conformity with the requirements set forth below: Yard Setback District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio Page 66 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Yard Setback District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio LUG-1 40,000 35 10 100 7% LUG-2 80,000 35 15 150 4% LUG-3 120,000 35 20 200 3% R-1 5,000 10 51 50 30% R-5 5,000 10 Side: 10 minimum on one side; 5 thereafter Rear: 5 50 40% R-10 10,000 20 10 75 25% SR-10 10,000 15 5 75 25% SR-20 20,000 30 10 75 12.50% V-R 20,000 30 15 100 10.0% R-20 20,000 30 10 75 12.5% R-40 40,000 30 10 75 10.0% ROH 5,000 None 5 50 50% CDT 3,750 None Side: none Rear: 5 35 75% RC 5,000 None 51 40 50% RC-2 5,000 10 51 40 50% LC 5,000 None 5 40 50% CMI 5,000 None None 50 50% CN 7,500 10 Side: 5 Rear: 10 50 40% Page 67 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Yard Setback District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio CTEC 10,000 10 Side: 5 Rear: 10 50 40% CI 15,000 20 10 75 50% MMD 10 acres 50 50 300 0.5% VN 10,000 10 10 50 30% VTEC 40,000 30 20 100 7% NOTES: See § 139-16C for additional requirements and exceptions for yards See § 139-33E for nonconforming lots 1 For lots abutting two or more street or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line, except in the R-1 and RC-2 Districts, where a minimum ten-foot side yard setback shall be maintained from any other street or way, whether constructed or not. 2. By amending section 16C as follows: C. Additional requirements and Eexceptions for yards. [See § 139-33E(3) below.] (1) The Board of Appeals may grant a special permit to reduce the ten-foot side yard setback in R-5 and the ten-foot side and rear yard setback in R-10, SR-10, R-20 and SR- 20 to five feet. (2) The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet into a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure was so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. (3) For lots abutting two or more street or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line, except in the R-1 and RC-2 Districts, Page 68 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions where a minimum ten-foot side yard setback shall be maintained from any other street or way, whether constructed or not. (4) In the R-5 district only, the ten-foot side yard setback may be reduced to five-feet under one of the following conditions: (a) A five-foot side yard setback may apply to a secondary dwelling or accessory structure that is located within twenty-feet of the rear lot line. (b) Where a common driveway of at least ten-feet in width is provided to allow access to two or more lots. And, further, that non-substantive changes to the numbering of this Bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket. 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 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 by taking the following actions be amended by taking the following actions be amended by taking the following actions be amended by taking the following actions (NOTE(NOTE(NOTE(NOTE: : : : new language is shown as new language is shown as new language is shown as new language is shown as highlighted text, language to be deleted is shown by strikeout; these methodshighlighted text, language to be deleted is shown by strikeout; these methodshighlighted text, language to be deleted is shown by strikeout; these methodshighlighted text, language to be deleted is shown by strikeout; these methods to denote to denote to denote to denote changes are not meant to become partchanges are not meant to become partchanges are not meant to become partchanges are not meant to become part of the final text)of the final text)of the final text)of the final text):::: 1. By amending section 16A as follows:1. By amending section 16A as follows:1. By amending section 16A as follows:1. By amending section 16A as follows: A. Except as expressly provided by §A. Except as expressly provided by §A. Except as expressly provided by §A. Except as expressly provided by § 139139139139----33 33 33 33 of this chapter, no structure or building shall be of this chapter, no structure or building shall be of this chapter, no structure or building shall be of this chapter, no structure or building shall be constructed or used, and no lot or parcel of land shall be built upon, improved or used, and no constructed or used, and no lot or parcel of land shall be built upon, improved or used, and no constructed or used, and no lot or parcel of land shall be built upon, improved or used, and no constructed or used, and no lot or parcel of land shall be built upon, improved or used, and no lot shall be changed in size, shape, boundaries or frontage, unless in conformity with the lot shall be changed in size, shape, boundaries or frontage, unless in conformity with the lot shall be changed in size, shape, boundaries or frontage, unless in conformity with the lot shall be changed in size, shape, boundaries or frontage, unless in conformity with the requirements set frequirements set frequirements set frequirements set forth below: orth below: orth below: orth below: Yard SetbackYard SetbackYard SetbackYard Setback DistrictDistrictDistrictDistrict DefinedDefinedDefinedDefined in in in in §§§§ 139139139139----3333 MinimumMinimumMinimumMinimum Lot SizeLot SizeLot SizeLot Size (square (square (square (square feet)feet)feet)feet) FrontFrontFrontFront (feet)(feet)(feet)(feet) Side/RearSide/RearSide/RearSide/Rear (feet)**(feet)**(feet)**(feet)** FrontageFrontageFrontageFrontage (feet)*(feet)*(feet)*(feet)* GroundGroundGroundGround CoverCoverCoverCover RatioRatioRatioRatio LUGLUGLUGLUG----1111 40,00040,00040,00040,000 35353535 10101010 100100100100 7%7%7%7% LUGLUGLUGLUG----2222 80,00080,00080,00080,000 35353535 15151515 150150150150 4%4%4%4% LUGLUGLUGLUG----3333 120,000120,000120,000120,000 35353535 20202020 200200200200 3%3%3%3% RRRR----1111 5,0005,0005,0005,000 10101010 55551111 50505050 30%30%30%30% RRRR----5555 5,0005,0005,0005,000 10101010 Side: 10 minimum on Side: 10 minimum on Side: 10 minimum on Side: 10 minimum on one side; 5 thereafter one side; 5 thereafter one side; 5 thereafter one side; 5 thereafter 50505050 40%40%40%40% Page 69 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Yard SetbackYard SetbackYard SetbackYard Setback DistrictDistrictDistrictDistrict DefinedDefinedDefinedDefined in in in in §§§§ 139139139139----3333 MinimumMinimumMinimumMinimum Lot SizeLot SizeLot SizeLot Size (square (square (square (square feet)feet)feet)feet) FrontFrontFrontFront (feet)(feet)(feet)(feet) Side/RearSide/RearSide/RearSide/Rear (feet)**(feet)**(feet)**(feet)** FrontageFrontageFrontageFrontage (feet)*(feet)*(feet)*(feet)* GroundGroundGroundGround CoverCoverCoverCover RatioRatioRatioRatio Rear: 5Rear: 5Rear: 5Rear: 5 RRRR----10101010 10,00010,00010,00010,000 20202020 10101010 75757575 25%25%25%25% SRSRSRSR----10101010 10,00010,00010,00010,000 15151515 5555 75757575 25%25%25%25% SRSRSRSR----20202020 20,00020,00020,00020,000 30303030 10101010 75757575 12.50%12.50%12.50%12.50% VVVV----RRRR 20,00020,00020,00020,000 30303030 15151515 100100100100 10.0%10.0%10.0%10.0% RRRR----20202020 20,00020,00020,00020,000 30303030 10101010 75757575 12.5%12.5%12.5%12.5% RRRR----40404040 40,00040,00040,00040,000 30303030 10101010 75757575 10.0%10.0%10.0%10.0% ROHROHROHROH 5,0005,0005,0005,000 NonNonNonNoneeee 5555 50505050 50%50%50%50% CDTCDTCDTCDT 3,7503,7503,7503,750 NoneNoneNoneNone Side: noneSide: noneSide: noneSide: none Rear: 5Rear: 5Rear: 5Rear: 5 35353535 75%75%75%75% RCRCRCRC 5,0005,0005,0005,000 NoneNoneNoneNone 55551111 40404040 50%50%50%50% RCRCRCRC----2222 5,0005,0005,0005,000 10101010 55551111 40404040 50%50%50%50% LCLCLCLC 5,0005,0005,0005,000 NoneNoneNoneNone 5555 40404040 50%50%50%50% CMICMICMICMI 5,0005,0005,0005,000 NoneNoneNoneNone NoneNoneNoneNone 50505050 50%50%50%50% CNCNCNCN 7,5007,5007,5007,500 10101010 Side: 5Side: 5Side: 5Side: 5 Rear: 10Rear: 10Rear: 10Rear: 10 50505050 40%40%40%40% CTECCTECCTECCTEC 10,00010,00010,00010,000 10101010 Side: 5Side: 5Side: 5Side: 5 Rear: 10Rear: 10Rear: 10Rear: 10 50505050 40%40%40%40% CICICICI 15,00015,00015,00015,000 20202020 10101010 75757575 50%50%50%50% MMDMMDMMDMMD 10 acres10 acres10 acres10 acres 50505050 50505050 300300300300 0.5%0.5%0.5%0.5% VNVNVNVN 10,00010,00010,00010,000 10101010 10101010 50505050 30%30%30%30% VTECVTECVTECVTEC 40,00040,00040,00040,000 30303030 20202020 100100100100 7%7%7%7% Page 70 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions NOTES:NOTES:NOTES:NOTES: See §See §See §See § 139139139139----16C for additional requirements and exceptions for yards16C for additional requirements and exceptions for yards16C for additional requirements and exceptions for yards16C for additional requirements and exceptions for yards See §See §See §See § 139139139139----33E for nonconforming lots33E for nonconforming lots33E for nonconforming lots33E for nonconforming lots 1111 For lots abutting two or more street or ways, whether construc For lots abutting two or more street or ways, whether construc For lots abutting two or more street or ways, whether construc For lots abutting two or more street or ways, whether constructed or not, ted or not, ted or not, ted or not, the required front yard setback shall be maintained from one street or way, the required front yard setback shall be maintained from one street or way, the required front yard setback shall be maintained from one street or way, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot and the required side yard setback shall be maintained from each other lot and the required side yard setback shall be maintained from each other lot and the required side yard setback shall be maintained from each other lot line, except in the Rline, except in the Rline, except in the Rline, except in the R----1 and RC1 and RC1 and RC1 and RC----2 Districts, where a minimum ten2 Districts, where a minimum ten2 Districts, where a minimum ten2 Districts, where a minimum ten----foot side foot side foot side foot side yard setback shall yard setback shall yard setback shall yard setback shall be maintained from any other street or way, whether be maintained from any other street or way, whether be maintained from any other street or way, whether be maintained from any other street or way, whether constructed or not.constructed or not.constructed or not.constructed or not. 2. By amending section 16C as follows:2. By amending section 16C as follows:2. By amending section 16C as follows:2. By amending section 16C as follows: C. C. C. C. Additional requirements and Additional requirements and Additional requirements and Additional requirements and EEEEexceptions for yards. [See §exceptions for yards. [See §exceptions for yards. [See §exceptions for yards. [See § 139139139139----33E(3) below.] 33E(3) below.] 33E(3) below.] 33E(3) below.] (1) The Board of Appeals may grant a special permit to reduce (1) The Board of Appeals may grant a special permit to reduce (1) The Board of Appeals may grant a special permit to reduce (1) The Board of Appeals may grant a special permit to reduce the tenthe tenthe tenthe ten----foot side yard foot side yard foot side yard foot side yard setback in Rsetback in Rsetback in Rsetback in R----5 and the ten5 and the ten5 and the ten5 and the ten----foot side and rear yard setback in Rfoot side and rear yard setback in Rfoot side and rear yard setback in Rfoot side and rear yard setback in R----10, SR10, SR10, SR10, SR----10, R10, R10, R10, R----20 and SR20 and SR20 and SR20 and SR---- 20 to five feet. 20 to five feet. 20 to five feet. 20 to five feet. (2) The Board of Appeals may grant a special permit to validate unintentional setback (2) The Board of Appeals may grant a special permit to validate unintentional setback (2) The Board of Appeals may grant a special permit to validate unintentional setback (2) The Board of Appeals may grant a special permit to validate unintentional setback intrusions not greater than five feet intointrusions not greater than five feet intointrusions not greater than five feet intointrusions not greater than five feet into a required yard and not closer than four feet from a required yard and not closer than four feet from a required yard and not closer than four feet from a required yard and not closer than four feet from a lot line, provided that it shall first find that the burden of correcting the intrusion a lot line, provided that it shall first find that the burden of correcting the intrusion a lot line, provided that it shall first find that the burden of correcting the intrusion a lot line, provided that it shall first find that the burden of correcting the intrusion substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the substantially outweighs any benefit to an abutter of eliminating the intrusion and, if the intruding structure wasintruding structure wasintruding structure wasintruding structure was so sited after 1990, the siting of the structure was reasonably so sited after 1990, the siting of the structure was reasonably so sited after 1990, the siting of the structure was reasonably so sited after 1990, the siting of the structure was reasonably based upon a licensed survey. based upon a licensed survey. based upon a licensed survey. based upon a licensed survey. (3) (3) (3) (3) For lots abutting two or more street or ways, whether constructed or not, the required For lots abutting two or more street or ways, whether constructed or not, the required For lots abutting two or more street or ways, whether constructed or not, the required For lots abutting two or more street or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and thfront yard setback shall be maintained from one street or way, and thfront yard setback shall be maintained from one street or way, and thfront yard setback shall be maintained from one street or way, and the required side yard e required side yard e required side yard e required side yard setback shall be maintained from each other lot line, except in the Rsetback shall be maintained from each other lot line, except in the Rsetback shall be maintained from each other lot line, except in the Rsetback shall be maintained from each other lot line, except in the R----1 and RC1 and RC1 and RC1 and RC----2 Districts, 2 Districts, 2 Districts, 2 Districts, where a minimum tenwhere a minimum tenwhere a minimum tenwhere a minimum ten----foot side yard setback shall be maintained from any other street or foot side yard setback shall be maintained from any other street or foot side yard setback shall be maintained from any other street or foot side yard setback shall be maintained from any other street or way, whether constructed or not.way, whether constructed or not.way, whether constructed or not.way, whether constructed or not. (4) In the R(4) In the R(4) In the R(4) In the R----5 distric5 distric5 distric5 district only, the tent only, the tent only, the tent only, the ten----foot side yard setback may be reduced to fivefoot side yard setback may be reduced to fivefoot side yard setback may be reduced to fivefoot side yard setback may be reduced to five----feet under feet under feet under feet under one of the following conditions:one of the following conditions:one of the following conditions:one of the following conditions: (c) A fiveA fiveA fiveA five----foot side yard setback may apply to a secondary dwelling or accessory foot side yard setback may apply to a secondary dwelling or accessory foot side yard setback may apply to a secondary dwelling or accessory foot side yard setback may apply to a secondary dwelling or accessory structure that is located within twentystructure that is located within twentystructure that is located within twentystructure that is located within twenty----feet of the rear lot line. feet of the rear lot line. feet of the rear lot line. feet of the rear lot line. (d) WherWherWherWhere a common driveway of at least tene a common driveway of at least tene a common driveway of at least tene a common driveway of at least ten----feet in width is provided to allow feet in width is provided to allow feet in width is provided to allow feet in width is provided to allow access to two or more lots.access to two or more lots.access to two or more lots.access to two or more lots. And, further, that nonAnd, further, that nonAnd, further, that nonAnd, further, that non----substantive changes to the numbering of this Bylaw be permitted in order substantive changes to the numbering of this Bylaw be permitted in order substantive changes to the numbering of this Bylaw be permitted in order substantive changes to the numbering of this Bylaw be permitted in order that it be in compliance with the numbering format of the Codthat it be in compliance with the numbering format of the Codthat it be in compliance with the numbering format of the Codthat it be in compliance with the numbering format of the Code of the Town of Nantucket.e of the Town of Nantucket.e of the Town of Nantucket.e of the Town of Nantucket. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. Page 71 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 55ARTICLE 55ARTICLE 55ARTICLE 55 (Zoning Bylaw Amendment: Intensity Regulations (Zoning Bylaw Amendment: Intensity Regulations (Zoning Bylaw Amendment: Intensity Regulations (Zoning Bylaw Amendment: Intensity Regulations ---- Swimming Pools) Swimming Pools) Swimming Pools) Swimming Pools) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 16C, by adding a new subsection (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): (5) In or above ground exterior swimming pools containing 1,000 gallons or more shall be set back a minimum of 20 feet from all lot lines as measured from the inside vertical face of the pool. And, further, that non-substantive changes to the numbering of this Bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket. Or to take any other action related thereto. (Board of Selectmen for Historic District Commission) PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved Moved Moved 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. PLANNING BOARD COMMENT: This proposed Bylaw amendment is significantly more PLANNING BOARD COMMENT: This proposed Bylaw amendment is significantly more PLANNING BOARD COMMENT: This proposed Bylaw amendment is significantly more PLANNING BOARD COMMENT: This proposed Bylaw amendment is significantly more restrictive than the existing regulations and when applied to certain zoning districts (VN, Rrestrictive than the existing regulations and when applied to certain zoning districts (VN, Rrestrictive than the existing regulations and when applied to certain zoning districts (VN, Rrestrictive than the existing regulations and when applied to certain zoning districts (VN, R----1, 1, 1, 1, SRSRSRSR----1, R1, R1, R1, R----5, ROH, SOH, CDT, RC, RC5, ROH, SOH, CDT, RC, RC5, ROH, SOH, CDT, RC, RC5, ROH, SOH, CDT, RC, RC----2, LC, CMI, CN, 2, LC, CMI, CN, 2, LC, CMI, CN, 2, LC, CMI, CN, and CTEC) effectively prohibits and CTEC) effectively prohibits and CTEC) effectively prohibits and CTEC) effectively prohibits swimming pools. The Planning Board believes that more public outreach is necessary and we swimming pools. The Planning Board believes that more public outreach is necessary and we swimming pools. The Planning Board believes that more public outreach is necessary and we swimming pools. The Planning Board believes that more public outreach is necessary and we are willing to work with the Historic District Commission to draft an article for a future Town are willing to work with the Historic District Commission to draft an article for a future Town are willing to work with the Historic District Commission to draft an article for a future Town are willing to work with the Historic District Commission to draft an article for a future Town Meeting. Meeting. Meeting. Meeting. FINANCE COMMITTEE COMMEFINANCE COMMITTEE COMMEFINANCE COMMITTEE COMMEFINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board NT: The Finance Committee supports the Planning Board NT: The Finance Committee supports the Planning Board NT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLE 56ARTICLE 56ARTICLE 56ARTICLE 56 (Zoning Bylaw Amendment: Secondary Dwelling)(Zoning Bylaw Amendment: Secondary Dwelling)(Zoning Bylaw Amendment: Secondary Dwelling)(Zoning Bylaw Amendment: Secondary Dwelling) To See if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 2, by taking one of the following actions NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): 1. SECONDARY DWELLING – A detached single family dwelling unit or garage apartment located on the same lot as a primary dwelling unit. The ground cover of the secondary dwelling shall be a minimum of 20% less or more than the primary dwelling with a scalar separation between the two of at least 12 feet. The primary and secondary dwelling must be separated by a minimum distance of 10 feet, measured at grade at closest point between the dwellings; excluding retaining walls, window wells, platforms, decks, and steps, chimneys, bulkheads, bay windows, bow windows, roof eaves and overhangs, unenclosed breezeways, air conditioning units, fuel tanks, trash bins, and fences. Relief from the scalar separation requirement may be granted by a special permit issued by the Planning Board subject to a finding that the reduced separation is in harmony with the general purpose and Page 72 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions intent of this chapter. A secondary dwelling may only be attached to the primary dwelling by a breezeway as defined in §139-2. Both dwelling units shall be in the same ownership unless one of the two dwelling units is subject to the NHNC. The ownership of a lot by a condominium cooperative housing corporation, land trust, or other common interest ownership entity in which there is a separate beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to constitute “the same legal and beneficial ownership.” The Planning Board shall make a determination regarding the adequacy of access to the lot and structures prior to the issuance of a Building Permit. Planning Board approvals granted after April 8, 1996 shall be valid for a period of two years from the date of plan endorsement. The principal purpose of secondary dwellings is to create housing opportunities through the provision of affordable rental housing for year round residents, including senior citizens, while affording the owner of the primary residence with the opportunity to generate supplemental income. The intent of this provision is also that one of the two dwellings be designated and constructed at such scale and bulk so as to be clearly subordinate in both use and appearance. BREEZEWAY A roofed passageway, open or enclosed, connecting two buildings. For purposes only of §139 7A(3) below. When used to connect a primary dwelling and secondary dwelling, any such breezeway shall be single-story and not a bridge, and with a minimum length of 12 10 feet and a maximum width of eight feet. or 2. SECONDARY DWELLING - A detached single family dwelling unit or garage apartment located on the same lot as a primary dwelling unit. The ground cover of the secondary dwelling shall be a minimum of 20% less or more than the primary dwelling with a scalar separation between the two of at least 12 feet. A secondary dwelling may only be attached to the primary dwelling by a breezeway as defined in §139-2. Both units shall be in the same ownership unless one of the two units is subject to the NHNC. The ownership of a lot by a condominium cooperative housing corporation, land trust, or other common interest ownership entity in which there is separate beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to constitute “the same legal and beneficial ownership”. The Planning Board shall make a determination regarding the adequacy of access to the lot and structures prior to the issuance of a Building Permit. Planning Board approvals granted after April 8, 1996 shall be valid for a period of two years from the date of plan endorsement. The principal purpose of secondary dwellings is to create housing opportunities through the provision of affordable rental housing for year round residents, including senior citizens, while affording the owner of the primary residence with the opportunity to generate supplemental income. The intent of this provision is also that one of the two dwellings be designed and constructed at such scale and bulk so as to be clearly subordinate in both use and appearance. Page 73 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions BREEZEWAY A roofed passageway, open or enclosed, connecting two buildings.For purposes only of §139 7A (3) below When used to connect a primary dwelling and secondary dwelling, any such breezeway shall be single-story and not a bridge, and with a minimum length of 12 10 feet and maximum width of eight feet. (Linda F. Williams, et al) PLANNIPLANNIPLANNIPLANNING BOARD MOTION: NG BOARD MOTION: NG BOARD MOTION: NG 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 NantucketNantucketNantucketNantucket, section, section, section, section 2, be amended as follows 2, be amended as follows 2, be amended as follows 2, be amended as follows ((((NOTENOTENOTENOTE: : : : new language is shown as highlighted new language is shown as highlighted new language is shown as highlighted new language is shown as highlighted text, language to be deleted is shown by strikeout; these methodstext, language to be deleted is shown by strikeout; these methodstext, language to be deleted is shown by strikeout; these methodstext, language to be deleted is shown by strikeout; these methods to denote changes are noto denote changes are noto denote changes are noto denote changes are not t t t meant to become partmeant to become partmeant to become partmeant to become part of the final text):of the final text):of the final text):of the final text): SECONDARY DWELLING SECONDARY DWELLING SECONDARY DWELLING SECONDARY DWELLING –––– A detached single family dwelling unit or garage apartment A detached single family dwelling unit or garage apartment A detached single family dwelling unit or garage apartment A detached single family dwelling unit or garage apartment located on the same lot as a primary dwelling unit. The ground cover of the secondary dwelling located on the same lot as a primary dwelling unit. The ground cover of the secondary dwelling located on the same lot as a primary dwelling unit. The ground cover of the secondary dwelling located on the same lot as a primary dwelling unit. The ground cover of the secondary dwelling shall be a minimum of 20% less or moshall be a minimum of 20% less or moshall be a minimum of 20% less or moshall be a minimum of 20% less or more than the primary dwelling re than the primary dwelling re than the primary dwelling re than the primary dwelling with a scalar separation with a scalar separation with a scalar separation with a scalar separation between the two ofbetween the two ofbetween the two ofbetween the two of at least 12 feet.at least 12 feet.at least 12 feet.at least 12 feet. The primary and secondary dwelling must be separated by The primary and secondary dwelling must be separated by The primary and secondary dwelling must be separated by The primary and secondary dwelling must be separated by a minimum distance of 10 feet, measured at grade at closest point between the dwellings; a minimum distance of 10 feet, measured at grade at closest point between the dwellings; a minimum distance of 10 feet, measured at grade at closest point between the dwellings; a minimum distance of 10 feet, measured at grade at closest point between the dwellings; excluding retaining excluding retaining excluding retaining excluding retaining walls, window wells, platforms, decks, andwalls, window wells, platforms, decks, andwalls, window wells, platforms, decks, andwalls, window wells, platforms, decks, and steps, chimneys, bulkheads, steps, chimneys, bulkheads, steps, chimneys, bulkheads, steps, chimneys, bulkheads, bay windows, bow windows, roof eavesbay windows, bow windows, roof eavesbay windows, bow windows, roof eavesbay windows, bow windows, roof eaves and overhangs, and overhangs, and overhangs, and overhangs, unenclosed breezeways, unenclosed breezeways, unenclosed breezeways, unenclosed breezeways, air air air air conditioning units, conditioning units, conditioning units, conditioning units, a maximum of two above ground a maximum of two above ground a maximum of two above ground a maximum of two above ground fuel tanksfuel tanksfuel tanksfuel tanks not to exceed 120 gallons each not to exceed 120 gallons each not to exceed 120 gallons each not to exceed 120 gallons each, , , , trash bins, atrash bins, atrash bins, atrash bins, and fences. Relief from the scalar separation requirement may be granted by a nd fences. Relief from the scalar separation requirement may be granted by a nd fences. Relief from the scalar separation requirement may be granted by a nd fences. Relief from the scalar separation requirement may be granted by a special permit issued by the Planning Board subject to a finding that the reduced separation is special permit issued by the Planning Board subject to a finding that the reduced separation is special permit issued by the Planning Board subject to a finding that the reduced separation is special permit issued by the Planning Board subject to a finding that the reduced separation is in harmony with the general purpose and intent of this chapterin harmony with the general purpose and intent of this chapterin harmony with the general purpose and intent of this chapterin harmony with the general purpose and intent of this chapter. A secondary dwelli. A secondary dwelli. A secondary dwelli. A secondary dwelling may only ng may only ng may only ng may only be attached to the primary dwelling by a breezeway as defined in §139be attached to the primary dwelling by a breezeway as defined in §139be attached to the primary dwelling by a breezeway as defined in §139be attached to the primary dwelling by a breezeway as defined in §139----2. 2. 2. 2. Both Both Both Both dwellingdwellingdwellingdwelling units shall be in the same ownership unless one of the two units shall be in the same ownership unless one of the two units shall be in the same ownership unless one of the two units shall be in the same ownership unless one of the two dwellingdwellingdwellingdwelling units is units is units is units is subject to the NHNC. The ownership of a lot by a condominium cooperative houssubject to the NHNC. The ownership of a lot by a condominium cooperative houssubject to the NHNC. The ownership of a lot by a condominium cooperative houssubject to the NHNC. The ownership of a lot by a condominium cooperative housing ing ing ing corporation, land trust, or other common interest ownership entity in which there is a separate corporation, land trust, or other common interest ownership entity in which there is a separate corporation, land trust, or other common interest ownership entity in which there is a separate corporation, land trust, or other common interest ownership entity in which there is a separate beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to constitute “the same legal and beneficial ownership.”constitute “the same legal and beneficial ownership.”constitute “the same legal and beneficial ownership.”constitute “the same legal and beneficial ownership.” The The The The Planning Board shall make a determination regarding the adequacy of access to the lot Planning Board shall make a determination regarding the adequacy of access to the lot Planning Board shall make a determination regarding the adequacy of access to the lot Planning Board shall make a determination regarding the adequacy of access to the lot and structures prior to the issuance of a Building Permit. Planning Board approvals granted and structures prior to the issuance of a Building Permit. Planning Board approvals granted and structures prior to the issuance of a Building Permit. Planning Board approvals granted and structures prior to the issuance of a Building Permit. Planning Board approvals granted after April 8, 1996 shall be valid for a period of two years from the date of after April 8, 1996 shall be valid for a period of two years from the date of after April 8, 1996 shall be valid for a period of two years from the date of after April 8, 1996 shall be valid for a period of two years from the date of plan endorsement. plan endorsement. plan endorsement. plan endorsement. The principal purpose of secondary dwellings is to create housing opportunities through the The principal purpose of secondary dwellings is to create housing opportunities through the The principal purpose of secondary dwellings is to create housing opportunities through the The principal purpose of secondary dwellings is to create housing opportunities through the provision of affordable rental housing for year round residents, including senior citizens, while provision of affordable rental housing for year round residents, including senior citizens, while provision of affordable rental housing for year round residents, including senior citizens, while provision of affordable rental housing for year round residents, including senior citizens, while affording the owner of the primary residence waffording the owner of the primary residence waffording the owner of the primary residence waffording the owner of the primary residence with the opportunity to generate supplemental ith the opportunity to generate supplemental ith the opportunity to generate supplemental ith the opportunity to generate supplemental income. The intent of this provision is also that one of the two dwellings be designated and income. The intent of this provision is also that one of the two dwellings be designated and income. The intent of this provision is also that one of the two dwellings be designated and income. The intent of this provision is also that one of the two dwellings be designated and constructed at such scale and bulk so as to be clearly subordinate in both use and constructed at such scale and bulk so as to be clearly subordinate in both use and constructed at such scale and bulk so as to be clearly subordinate in both use and constructed at such scale and bulk so as to be clearly subordinate in both use and appearance. appearance. appearance. appearance. BREEZEWAYBREEZEWAYBREEZEWAYBREEZEWAY A roofed pA roofed pA roofed pA roofed passageway, open or enclosed, connecting two buildings. assageway, open or enclosed, connecting two buildings. assageway, open or enclosed, connecting two buildings. assageway, open or enclosed, connecting two buildings. For purposes only of §139 For purposes only of §139 For purposes only of §139 For purposes only of §139 7A(3) below7A(3) below7A(3) below7A(3) below. . . . When used to connect aWhen used to connect aWhen used to connect aWhen used to connect a p p p primary dwelling and secondary dwellingrimary dwelling and secondary dwellingrimary dwelling and secondary dwellingrimary dwelling and secondary dwelling, any such , any such , any such , any such breezeway shall be singlebreezeway shall be singlebreezeway shall be singlebreezeway shall be single----story and not a bridge, and with a minimum length of story and not a bridge, and with a minimum length of story and not a bridge, and with a minimum length of story and not a bridge, and with a minimum length of 12 12 12 12 10101010 fee fee fee feet and t and t and t and a maximum width of eight feet. a maximum width of eight feet. a maximum width of eight feet. a maximum width of eight feet. Page 74 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLE 57ARTICLE 57ARTICLE 57ARTICLE 57 (Zoning Bylaw Amendment: Residential Districts/Exceptions)(Zoning Bylaw Amendment: Residential Districts/Exceptions)(Zoning Bylaw Amendment: Residential Districts/Exceptions)(Zoning Bylaw Amendment: Residential Districts/Exceptions) To see if the Town of Nantucket will amend the Nantucket Zoning Bylaw Chapter 139 by inserting the highlighted text as following: 139-8.B.(5)(b)[1] Application for a special permit for MRD shall be accompanied by two plans showing the dimensions and area of lots as they might be established under conventional zoning and under the MRD alternative. The conventional plan will be reviewed and considered concurrent with the MRD application. Any subdivision roads within the conventional plan shall have a forty (40) layout. 139-8.B.(7)c[2] MRD shall conform to the area and open land requirements outlined in the following table: LUGLUGLUGLUG----3333 LUGLUGLUGLUG----2222 LUGLUGLUGLUG----1111 Minimum tract area (acres) *22 *15 *8 Open land required 80% 75% 65% Upland open land required 60% 60% 70% RRRR----2222 RRRR----10101010 RRRR----1, RC, RC1, RC, RC1, RC, RC1, RC, RC----2222 Minimum tract area (acres) 3.7 2 1 Open land required 60% 40% 10% Upland open land required 75% 75% 75% NOTES: *The Planning Board may waive this minimum tract area if it determines that the proposed MRD is more in keeping with the surrounding area, promotes a more efficient use of the land, and is consistent with the general intent of this chapter. 139-8.B.(7)(a) [6] On lots that are partially disturbed, the selection of the open space area will be based on its quality and function as it relates to the purpose and intent of this bylaw. The Planning Board should first consider preserving ecologically important preexisting natural areas when determining the open space area before considering degraded areas that are more suitable for building lots. (Cormac Collier, et al) PLANNING BOAPLANNING BOAPLANNING BOAPLANNING BOARD MOTION: RD MOTION: RD MOTION: RD 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. PLANNING BOARD COMMENT: Before substantial modifications to the MRD Bylaw are PLANNING BOARD COMMENT: Before substantial modifications to the MRD Bylaw are PLANNING BOARD COMMENT: Before substantial modifications to the MRD Bylaw are PLANNING BOARD COMMENT: Before substantial modifications to the MRD Bylaw are supported, additional research and consideration should occur. The Planning Board is supported, additional research and consideration should occur. The Planning Board is supported, additional research and consideration should occur. The Planning Board is supported, additional research and consideration should occur. The Planning Board is committed to comprehensively revising committed to comprehensively revising committed to comprehensively revising committed to comprehensively revising the MRD Bylaw and we are willing to work with the the MRD Bylaw and we are willing to work with the the MRD Bylaw and we are willing to work with the the MRD Bylaw and we are willing to work with the proponents of the Article to draft revisions for a future Town Meeting. proponents of the Article to draft revisions for a future Town Meeting. proponents of the Article to draft revisions for a future Town Meeting. proponents of the Article to draft revisions for a future Town Meeting. Page 75 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLE 58ARTICLE 58ARTICLE 58ARTICLE 58 (Zoning Bylaw Amendment: Residen(Zoning Bylaw Amendment: Residen(Zoning Bylaw Amendment: Residen(Zoning Bylaw Amendment: Residential Districts/Permitted Uses)tial Districts/Permitted Uses)tial Districts/Permitted Uses)tial Districts/Permitted Uses) To see if the Town will amend the Nantucket Zoning Bylaw Chapter 139 by inserting the highlighted text as following: 139-8.A.(3) Cluster development shall conform to the area and dimensional requirements outlined in the following table: MMDMMDMMDMMD LUGLUGLUGLUG----3333 LUGLUGLUGLUG----2222 LUGLUGLUGLUG----1111 Minimum tract area (acres) 20 10 10 5 Open land required 90% 80% 75% 65% Upland open land required 60% 60% 60% 70% Minimum lot size (square feet) 20,000 10,000 10,000 10,000 1 house/lot size* NA 9,000 9,000 9,000 Maximum ground cover NA 20% 20% 20% Minimum frontage 20 20 20 20 Front setback 30 15 15 15 Side/rear setback 10 10 10 10 RRRR----2 2 2 2 RRRR----10101010 RRRR----1,ROH, RC, RC1,ROH, RC, RC1,ROH, RC, RC1,ROH, RC, RC----2222 Minimum tract area (acres) 2.5 2 2 Open space required 60% 40% 10% Upland open land required 75% 75% 75% Minimum lot size (square feet) 5,000 4,000 3,500 1 house/lot size* 4,500 3,750 3,200 Maximum ground cover 50% 50% 75% Minimum frontage 20 20 20 Front setback 15 15 10 Side/Rear setback 5 5 5 139.8.A.(3)(e) On lots that are partially disturbed, the selection of the open space area will be based on its quality and function as it relates to the purpose and intent of this bylaw. The Planning Board should first consider preserving ecologically important preexisting natural areas when determining the open space area before considering degraded areas that are more suitable for building lots. Page 76 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 139.8.A.(4)(a) A cluster development shall be entitled to a an increase of 10% above the number of building lots which could otherwise have been created on the parcel under 139-16A of this chapter as demonstrated by the concurrent submission of a dimensional sketch plan showing conventional subdivision, as well as any additional density bonuses which may be permitted under Subsection B(4)(b) and (c) below. Any subdivision roads within the conventional plan shall have a forty (40) layout. (Cormac Collier, et al) PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: PLANNING BOARD MOTION: Moved that the Article notMoved that the Article notMoved that the Article notMoved that the Article not be adopted. be adopted. be adopted. be adopted. PLANNING BOARD COMMENT: Before substantial modifications to thePLANNING BOARD COMMENT: Before substantial modifications to thePLANNING BOARD COMMENT: Before substantial modifications to thePLANNING BOARD COMMENT: Before substantial modifications to the Cluster Development Cluster Development Cluster Development Cluster Development Bylaw are supported, additional research and consideration should take place. The Planning Bylaw are supported, additional research and consideration should take place. The Planning Bylaw are supported, additional research and consideration should take place. The Planning Bylaw are supported, additional research and consideration should take place. The Planning Board is committed to comprehensively revising the Cluster Development Bylaw and we are Board is committed to comprehensively revising the Cluster Development Bylaw and we are Board is committed to comprehensively revising the Cluster Development Bylaw and we are Board is committed to comprehensively revising the Cluster Development Bylaw and we are willing to work with the proponents of the Article to drwilling to work with the proponents of the Article to drwilling to work with the proponents of the Article to drwilling to work with the proponents of the Article to draft revisions for a future Town Meeting. aft revisions for a future Town Meeting. aft revisions for a future Town Meeting. aft revisions for a future Town Meeting. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning Board Motion.Motion.Motion.Motion. ARTICLEARTICLEARTICLEARTICLE 59 59 59 59 (Home Rule Petition: Land Bank Real Estate Conveyance)(Home Rule Petition: Land Bank Real Estate Conveyance)(Home Rule Petition: Land Bank Real Estate Conveyance)(Home Rule Petition: Land Bank Real Estate Conveyance) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts notwithstanding the provisions of any general or special law to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and described as an approximately 5,000 square foot portion of Town of Nantucket Assessor’s Map 42.3.4, Parcel 2. Section 2. This act shall take effect upon its passage. (Board of Selectmen for Nantucket Islands Land Bank Commission) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Moved that the Moved that the Moved that the TTTTown’s representatives in the General own’s representatives in the General own’s representatives in the General own’s representatives in the General Court Court Court Court are herebyare herebyare herebyare hereby requested to introduce legislation set forth below, and that the General Court requested to introduce legislation set forth below, and that the General Court requested to introduce legislation set forth below, and that the General Court requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text Page 77 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions of the requested legislatioof the requested legislatioof the requested legislatioof the requested legislation within the scope of the public policy objectives of the Home Rule n within the scope of the public policy objectives of the Home Rule n within the scope of the public policy objectives of the Home Rule n within the scope of the public policy objectives of the Home Rule Petition set forth below:Petition set forth below:Petition set forth below:Petition set forth below: AN ACT APPROVING THE AN ACT APPROVING THE AN ACT APPROVING THE AN ACT APPROVING THE SALE, CONVEYANCE OR OTHER DISPOSITION BY THE SALE, CONVEYANCE OR OTHER DISPOSITION BY THE SALE, CONVEYANCE OR OTHER DISPOSITION BY THE SALE, CONVEYANCE OR OTHER DISPOSITION BY THE NANTUCKET ISLANDS LAND BANK OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET ISLANDS LAND BANK OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET ISLANDS LAND BANK OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET ISLANDS LAND BANK OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PUNANTUCKET FOR ANY LAWFUL PUNANTUCKET FOR ANY LAWFUL PUNANTUCKET FOR ANY LAWFUL PURPOSERPOSERPOSERPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, Be in enacted by the Senate and the House of Representatives in General Court assembled, Be in enacted by the Senate and the House of Representatives in General Court assembled, Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows:and by authority of the same, as follows:and by authority of the same, as follows:and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts notwCommonwealth of Massachusetts notwCommonwealth of Massachusetts notwCommonwealth of Massachusetts notwithstanding the provisions of any general or special law ithstanding the provisions of any general or special law ithstanding the provisions of any general or special law ithstanding the provisions of any general or special law to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and described as an approximately 5,000 certain land situated in the Town of Nantucket and described as an approximately 5,000 certain land situated in the Town of Nantucket and described as an approximately 5,000 certain land situated in the Town of Nantucket and described as an approximately 5,000 square foot portion ofsquare foot portion ofsquare foot portion ofsquare foot portion of Town of Nantucket Assessor’s Map 42.3.4, Parcel 2. Town of Nantucket Assessor’s Map 42.3.4, Parcel 2. Town of Nantucket Assessor’s Map 42.3.4, Parcel 2. Town of Nantucket Assessor’s Map 42.3.4, Parcel 2. Section 2. This act shall take effect upon its passage.Section 2. This act shall take effect upon its passage.Section 2. This act shall take effect upon its passage.Section 2. This act shall take effect upon its passage. 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 60606060 (Home Rule Petition: Community Housing (Home Rule Petition: Community Housing (Home Rule Petition: Community Housing (Home Rule Petition: Community Housing Bank)Bank)Bank)Bank) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT ESTABLISHING A NANTUCKET COMMUNITY HOUSING BANK SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the following meanings: "Community Housing", rental and home ownership housing units for use by those residents of Nantucket earning 150 per cent or less of the median household income for Nantucket county, as calculated and adjusted for household size annually by the federal Department of Housing and Urban Development (HUD); this percentage of median income, should economic conditions warrant a change, can be adjusted by a majority vote of the housing bank commission. "Eligible Applicants", non-profit and for-profit corporations and organizations, individuals, and public entities. "Housing Bank", the Nantucket Community Housing Bank, established by section 2. Page 78 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions "Housing Bank Commission", the Nantucket Community Housing Bank Commission, established by section 3. "Legal representative", with respect to any person, shall mean any other person acting under a written power-of-attorney executed by that person, but any affidavit attesting to the true and complete purchase price of real property, submitted to the housing bank commission under section 9, may also be signed on behalf of that person by an attorney admitted to practice in the commonwealth. "Purchaser", the transferee, grantee or recipient of any real property interest. "Purchase price", all consideration paid or transferred by or on behalf of a purchaser to a seller or a seller's nominee, or for the seller's benefit, for the transfer of any real property interest, including, but not limited to, all cash or other property paid or transferred by or on behalf of the purchaser to discharge or reduce any obligation of the seller; the principal amount of all notes or their equivalent, or other deferred payments, given or promised to be given by or on behalf of the purchaser to the seller or the seller's nominee; the outstanding balance of all obligations of the seller which are assumed by the purchaser or to which the real property interest transferred remains subject after the transfer, determined at the time of transfer but excluding real estate taxes or other municipal liens or assessments which are not overdue at the time of the transfer; and the fair market value at the time of transfer of any other consideration or thing of value paid or transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or services paid, transferred or rendered in exchange for the real property interest. "Real property interest", any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property; the interest of a partner or member in a partnership or limited liability company, the interest of a stockholder in a corporation, the interest of a holder of an option to purchase real property, the interest of a buyer or seller under a contract for purchase and sale of real property, and the transferable development rights created under Massachusetts General Laws chapter 183A; but shall not include any interest which is limited to any of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than thirty years; any reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other secured party in any mortgage or security agreement. "Seller", the transferor, grantor or immediate former owner of any real property interest. "Time of transfer", of any real property interest shall mean, the time that the transfer is legally effective between the parties to the transfer, and, with respect to a transfer evidenced by an instrument recorded with the appropriate registry of deeds or filed with the assistant recorder of the appropriate registry district, not later than the time of the recording or filing. SECTION 2. There shall be a Nantucket Community Housing Bank, to be administered by a housing bank commission established by section 3, for the purpose of providing funding for Page 79 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions community housing as set forth in section 5. The Housing Bank shall be a body politic and corporate and a public instrumentality, and the exercise of the powers conferred upon the Housing Bank by this act shall be considered to be the performance of an essential governmental function. SECTION 3. (a) The Nantucket Community Housing Bank shall be administered by a housing bank commission consisting of five (5) members who are legal residents of Nantucket, each person to be elected to a three (3) year term, in the same manner as other elected town officials. The Nantucket board of selectmen shall appoint the initial five members to serve from the effective date of this act until the first elections of the regular members at the town's regular or special town election after the effective date of this act. The initial terms, which will be drawn by lot by the initial five appointed members, shall be staggered so that two members are elected each year, and in the third year, one member elected, such elections following the initial election. (b) Vacancies: Should a vacancy occur during the term of any elected town member, the housing bank commission and the board of selectmen shall jointly appoint an interim member to serve until the next scheduled town election. (c) Administration: Members shall serve without compensation. The initial appointed members shall adopt temporary rules and regulations to the extent necessary to conduct business until the regular members are elected. The housing bank commissions shall elect a chairman and a vice chairman from among their regular members and shall elect a secretary and a treasurer who may be the same person, and who need not be members of the housing bank commission. The members of the housing bank commissions shall adopt, after holding a public hearing, rules and regulations for conducting its internal affairs and procedural guidelines for carrying out its responsibilities under this act. (d) Quorum: A quorum for the Nantucket Community Housing Bank Commission shall be three or more members. Decisions of the Housing Bank Commission shall be by majority vote at a meeting where a quorum is present. The Housing Bank Commission may make rules regarding attendance. The Housing Bank Commission shall keep accurate records of its meetings and actions and shall file annual reports that shall be distributed with the annual report of the Town of Nantucket. The Housing Bank Commission shall be classified as a municipal agency for purposes of chapter 268A of the General Laws, and be subject to the open meeting law (chapter 39, sections 23A, 23B and 23C of the General Laws). SECTION 4A. The housing bank commission shall (a) provide funding as has been first approved by an annual or special town meeting of the town of Nantucket, in the form of grants, loans, loan guarantees, lines of credit, interest subsidies, rental assistance or any other means determined to further the goals of the housing bank for eligible community housing activities under section 5, (b) accept gifts of funds to further the purposes of the housing bank; (c) prepare an annual budget, provided however no more than 5% of all funds received by the housing bank during any fiscal year may be spent for administration purposes without approval by an annual or special town meeting of the town of Nantucket, (d) hire staff and obtain professional services that are necessary in order to perform its duties; (e) adopt regulations and procedures that it considers necessary or appropriate, subject to this act, regarding the use and investment of its funds and the keeping of records and accounts; (f) adopt procedures in the form of rules and regulations that it considers necessary or appropriate setting forth its programmatic goals, policies and recommendations to serve as standards for decisions to Page 80 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions provide funding for programs under section 5, provided however, such procedures shall not take effect until approved by an annual or special town meeting of the town of Nantucket; and (g) enter into and enforce contracts that it considers necessary to achieve the goals of this legislation. SECTION 4B. The Town of Nantucket may appropriate money to be deposited in the Nantucket Housing Fund as provided in said section 7A. The Town of Nantucket is hereby further authorized to provide funds to repay any notes or bonds of the town issued pursuant to this section and, when authorized by a two thirds vote of town meeting as defined in G.L. Chapter 44. section. 1, to incur debt of the town for such purposes in accordance with the provisions of G. L. Chapter 44, section 7(3). SECTION 4C. The housing bank may issue bonds and notes to further the purposes of the housing bank but only if the issuance of these bonds or notes has been approved by a two thirds majority vote at a Nantucket town meeting. The proceeds of such bonds or notes may be used to pay, in whole or in part, for the purposes set forth in section 4A of this act, reserves for debt service and other expenses, to pay consulting appraisal advisory and legal fees and costs incidental to the issuance and sale of such bonds and notes, to purchase, refund or renew bonds or notes previously issued and to pay an other costs and expenses of the housings bank commission necessary for the accomplishment of its purposes. Bonds or notes issued pursuant to this act shall be authorized by the commission which shall have full power and authority to determine the amount, form, terms, conditions, provisions for payment of interest and all other details thereof and to provide for the sale and issuance at such price and in such manner as the Commission shall determine subject only to any limitation set forth in this Act. Unless the town of Nantucket shall have authorized by two-thirds vote of a town meeting the pledging of the full faith and credit of the town or county of Nantucket to secure an issue of bonds or notes of the housing bank, all bonds or notes issued hereunder shall be payable solely from the fees and other revenues of the housing bank pledged to their payment and shall not be deemed a pledge of the full faith and credit of the Town or County of Nantucket, the Commonwealth of Massachusetts or any political subdivision thereof. The Housing Bank Commission may enter into any agreements, including without limitation a loan agreement and a trust agreement, necessary to effectuate and to secure any bonds or notes issued by the housing bank. Such agreements may pledge or assign, in whole or in part, the revenues and other money held or to be received by the housing bank. Such agreements may contain such provisions for protecting and enforcing the rights, security and remedies of the holders of such bonds or notes, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities and covenants setting forth the duties of, and limitations on, the housing bank in relation to the custody, safeguarding, investment and application of money, the issuance of additional debt obligations, the use of any surplus proceeds of the borrowing, including any investment earnings thereon, and establishment of special funds and reserves. The pledge of any such agreement shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code from the time when the pledge is made; the revenues, money, rights and proceeds so pledged and then held or thereafter acquired or received by the housing bank shall immediately be subject to the lien of such pledge without any physical delivery or segregation thereof or further act; and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the town or county, irrespective of whether such parties have Page 81 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions notice thereof. No document by which a pledge is created need be filed or recorded except in the records of the housing bank and no filing need be made under the Uniform Commercial Code. The trustee with respect to any such trust agreement entered into pursuant to this section shall be a trust company or a bank having the powers of a trust company within the commonwealth. Any such trust agreement may provide that any money received thereunder may be held, deposited or invested by the trustee, notwithstanding the provisions of section 7A pending the disbursement thereof, in any deposits or investments which are lawful for the funds of savings banks and shall provide that any officer with whom or any bank or trust company with which such money shall be deposited shall act as trustee of such money and shall hold and apply the same for the purposes hereof and thereof, subject to such regulation or limitation as this act or such trust agreement may provide. It shall be lawful for any bank or trust company within the Commonwealth to act as depository of the proceeds of bonds or notes, revenues or other money hereunder and to furnish such indemnifying bonds or to pledge such security, if any, as may be required by the Commission. Any trust agreement entered into pursuant to this section may set forth the rights and remedies of the holders of any bonds or notes and of the trustee and may restrict the individual rights of action by any such holders. In addition to the foregoing, any such trust agreement may contain such other provisions as the Commission may deem reasonable and proper. All expenses incurred in carrying out the provisions of such trust agreement may be treated as part of the cost of operation of the housing bank and paid from the revenues or other funds pledged or assigned to the payment of the principal of and the premium, if any, and interest on the bonds or notes or from any other funds available to the housing bank. In addition to other security provided herein or otherwise by law, bonds or notes issued under this section may be secured, in whole or in part, by insurance or by letters or lines of credit or other credit facilities issued to the housing bank by any bank, trust company or other financial institution, within or without the Commonwealth, and the housing bank may pledge or assign any of its revenues as security for the reimbursement by the housing bank to the issuers of such letters or lines of credit, insurance or credit facilities of any payments made thereunder. SECTION 4D. If at any time any principal or interest is due or about to come due on any bonds or notes of the housing bank to secure which the full faith and credit of the town of Nantucket or Nantucket county shall have been pledged and funds to pay the same are not available, the Commission shall certify to the town treasurer and selectmen of the town or to the county treasurer and county commissioners of the county, as appropriate, the amount required to meet such obligations and the town treasurer or the county treasurer shall thereupon pay over to the housing bank the amount so certified from any funds in the treasury. For the purpose of providing or restoring to the treasury the sums so paid over to the housing bank, the town treasurer, with the approval of the selectmen, is authorized to incur debt outside the town's debt limit and issue notes therefore for a period not exceeding two years and to renew or refund the same from time to time until the town shall have received from the housing bank sufficient funds to repay such notes and the interest thereon in full. Whenever the town or the county shall have been required to pay over any sums of money to the housing bank under this section, the housing bank shall be precluded from issuing any grants or purchasing, constructing or making improvements to land or housing, or issuing any of its bonds or notes for purposes other than repaying the town, until the housing bank shall have repaid the town in full for all sums paid to the housing bank hereunder, including interest on any notes issued for Page 82 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions such purpose, unless the town shall have appropriated sufficient funds for such purpose at a town meeting. SECTION 4E. Bonds and notes issued under the provisions of this act are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds and notes are hereby made securities that may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or obligations of the Commonwealth is now or may hereafter be authorized by law. SECTION 4F. Notwithstanding any of the provisions of this act or any recitals in any bonds or notes issued under this act, all such bonds and notes shall be deemed to be investment securities under the Uniform Commercial Code. SECTION 4G. The Housing Bank's revenues and income will be used solely for the furtherance of its public purposes and shall be exempt from taxation. The Housing Bank and all its revenues, income and real and personal property used solely by the Housing Bank in furtherance of its public purposes from the date of acquisition thereof, shall be exempt from taxation and from betterments and special assessments and the Housing Bank shall not be required to pay any tax, excise or assessment to or for the Commonwealth or any of its political subdivisions. Bonds and notes issued by the Housing Bank, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation within the Commonwealth. SECTION 4H. With authorization of an annual or special town meeting of the town of Nantucket as provided for in section 4C of this Act, bonds and notes may be issued under this act without obtaining the consent of any department, division, commission, board, bureau or agency of the town or county of Nantucket, except that the full faith and credit of the town or county of Nantucket shall not be pledged for the payment of such bonds or notes unless such pledge shall have been authorized by a two-thirds vote as provided in this Act, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required therefore by this act. The validity of and security for any bonds and notes issued by the housing bank shall not be affected by the existence or nonexistence of any such consent or other proceedings, conditions or things. SECTION 5. The Nantucket Community Housing Bank shall be a funding agency only, but may acquire by purchase, lease or gift offices for its operation, and may enter into leasebacks, mortgages or other loans for this purpose. Upon receiving applications from eligible applicants in a competitive process which will include public notice of funding availability, and in a form prescribed by the commission, and upon compliance with the provisions of section 4A of this Act, the housing bank will provide funding for eligible community housing activities as defined below, while respecting special Nantucket habitats and rural character. The housing bank shall, wherever possible, give preference to (a) the reuse of existing buildings, and (b) construction of new buildings on previously developed sites. Page 83 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Eligible community housing activities for receipt of funding shall include, but not be limited to, the following: (a) Purchase and rehabilitation of existing structures for rental or home ownership; (b) Construction of rental or home ownership housing and necessary on-site or off site infrastructure, including mixed use development; (c) Purchase of land, and any and all improvements including easements; (d) Down payment assistance, grants and soft second loans; (e) Rental assistance programs; (f) Modernization and capital improvements of existing rental and ownership housing; (g) Creation of apartments and other ancillary housing; (h) Housing counseling, predevelopment costs and technical assistance associated with creating community housing projects and programs; and (i) Mixed -use development projects. SECTION 6. All housing units created by funding from a housing bank under this act shall be deed restricted in perpetuity for use as community housing as defined in section 1 of this act, except in cases when the housing bank commission determines that a deed restriction is not feasible, and except in cases when the housing bank commission makes a finding that such a deed restriction would delay, prevent or otherwise defeat the purpose of developing and making available to the public Community Housing. SECTION 7A. The Housing Bank Commission shall meet its financial obligations by drawing upon a fund to be set up as a revolving or sinking account of the housing bank commission in the treasury of the Town of Nantucket. Deposits into the Nantucket Housing Fund shall include (a) funds appropriated, borrowed or transferred to be deposited into the fund by vote of the county commissioners of Nantucket county or of the town meeting; (b) voluntary contributions of money and other liquid assets to the fund; and (c) revenues from fees imposed upon the transfer of real property interests under section 9 occurring on Nantucket after the effective date of this act as set forth in section 15. Grants or gifts of money or other assets to the housing bank shall be subject to any restrictions or limitations imposed by the grantor or donor. All expenses lawfully incurred by the Housing Bank Commission in carrying out this act shall be evidenced by proper vouchers and shall be paid by the treasurer of the town of Nantucket only upon submission of warrants duly approved by the housing bank commission. The housing bank commission treasurer shall prudently invest available assets of the fund under the regulations and procedures adopted by the housing bank commission under clause (f) of section 4A, and all income from investments shall accrue to the fund. SECTION 7B. The Housing Bank Commission is authorized to enter into one or more agreements with the Nantucket Land Bank Commission established by chapter 669 as amended of the acts and resolves of 1983 by which agreements the housing bank may delegate to the Nantucket Land Bank Commission the administration and management of collection of the fee described in section 9 of this act, including but not limited to the record keeping duties pursuant to section 8 of this act, the receipt of money pursuant to section 9 of this act, the processing of applications for exemptions pursuant to section 11 of this act or processing applications for refunds pursuant to section 10 of this act, the imposition of interest or penalties pursuant to section 12 of this act, and the sending of notices and conduct of Page 84 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions hearings pursuant to section 13 of this act, and provide for compensation or reimbursement of costs incurred by such Nantucket Land Bank Commission from funds so collected. SECTION 8. The housing bank commission shall keep a full and accurate account of its actions including a record of when, from or to whom, and on what account money has been paid or received under this act. These records shall be subject to examination by the director of accounts or the director's agent under section 45 of chapter 35 of the General Laws. There shall be an annual audit conducted by a duly recognized accounting firm, and a copy of that audit shall be distributed to the Board of Selectmen of the Town of Nantucket. However, schedules of beneficiaries of trusts, lists of stockholders of corporations, lists of partners, partnership agreements, tax returns, and other materials deemed by the Commission to be private to a particular entity or individual, which are filed with the Commission for the purposes of determining or fixing the amount of fee imposed by this Act for any transfer or for the purpose of determining the existence of any exemption pursuant to this act shall not be public records for the purposes of section 10 of chapter 66 of the General Laws. SECTION 9. There is hereby imposed a fee equal to one per cent of the purchase price upon the transfer of any interest in real property located within the Town of Nantucket. The fee shall be the liability of the seller of the real property interest, and any agreement between the purchaser and the seller or any other person with reference to the allocation of the responsibility for bearing this fee shall not affect the liability of the seller. This fee shall be paid to the Nantucket Community Housing Bank Commission or its designee. Fees shall be accompanied by a copy of the deed or other instrument evidencing the transfer, if any, and an affidavit signed under oath or under the pains and penalties of perjury by the seller or the seller's legal representative, attesting to the true and complete purchase price and the basis, if any, upon which the transfer is claimed to be exempt in whole or in part from the fee imposed. The Housing Bank Commission, or its designee, shall promptly execute and issue a certificate stating that the appropriate fee has been paid or that the transfer is exempt from the fee and stating the basis for the exemption. The register of deeds for Nantucket county, and the assistant recorder for the registry district of Nantucket county, shall not record or register, or receive or accept for recording or registration, any deed, except a mortgage deed, for any real property interest located in Nantucket unless this certificate is attached. Failure to comply with this requirement shall not affect the validity of any instrument. The Housing Bank commission shall deposit all fees received under this section with its treasurer as part of the fund established by section 7A. The fee imposed under this section shall be due at the time of transfer of the real property interest. SECTION 10. At any time within seven days after the issuance of the certificate of payment of the fee imposed by section 9, the seller or the seller's legal representative may return the certificate to the Housing Bank Commission or its designee for cancellation, together with an affidavit signed under oath or under the pains and penalties of perjury that the transfer has not been consummated. After receiving this certificate and affidavit, the housing bank commission shall in due course return the fee to the seller or the seller's legal representative. SECTION 11. The following transfers of real property interests shall be exempt from the fee established by section 9. Except as otherwise provided, the seller shall have the burden of proof that any transfer is exempt under this section and any otherwise exempt transfer shall not Page 85 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by Section 9. (-a-) Transfers to the government of the United States , the commonwealth, and any of their instrumentalities, agencies or subdivisions, including but not limited to transfers to the Town of Nantucket, the County of Nantucket, and/or the Nantucket Land Bank Commission established pursuant to chapter 669 of the Acts of 1983 as amended or the Housing Bank established by this Act. (-b-) Transfers which, without additional consideration, confirm, correct, modify or supplement a transfer previously made. (-c-) Transfers made as gifts without consideration. In any proceeds to determine the amount of any fee due hereunder, it shall be presumed that any transfer for consideration of less than fair market value of the real property interests transferred was made as a gift without consideration to the extent of the difference between the fair market value of the real property interests transferred and the amount of consideration claimed by the seller to have been paid or transferred, if the purchaser shall have been at the time of transfer the spouse, the lineal descendant, or the lineal ancestor of the seller, by blood or adoption, and otherwise it shall be presumed that consideration was paid in an amount equal to the fair market value of the real property interests transferred, at the time of transfer. (-d-) Transfer to the trustees of a trust in exchange for a beneficial interest received by the seller in such trust; distributions by the trustees of a trust to the beneficiaries of such trust. (-e-) Transfers by operation of law without actual consideration, including but not limited to transfers occurring by virtue of the death or bankruptcy of the owner of a real property interest. (-f-) Transfers made in partition of land and improvements thereto, under chapter two hundred and forty-one of the General Laws. (-g-) Transfers to any charitable organization as defined in clause Third of section five of chapter fifty-nine of the General Laws, or any religious organization, provided that the real property interests so transferred will be held by the charitable or religious organization solely for its public charitable or religious purposes. (-h-) Transfers to a mortgagee in foreclosure of the mortgage held by such mortgagee, and transfers of the property subject to a mortgage to the mortgagee in consideration of the forbearance of the mortgagee from foreclosing said mortgage. (-i-) Transfers made to a corporation or partnership or limited liability company at the time of its formation, pursuant to which transfer no gain or loss is recognized under the provisions of section three hundred and fifty-one or seven hundred and twenty-one of the Internal Revenue Code of 1986, as amended; provided, however, that such transfer shall be exempt only in the event that (i) with respect to a corporation, the transferor retains an interest in the newly formed corporation which is equivalent to the interest the transferor held prior to the transfer, or (ii) with respect to a partnership or limited liability company, the transferor retains after such formation rights in capital interests and profit interests within such partnership or limited liability company which are equivalent to the interest the transferor held prior to the transfer. (-j-) Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property received) which is the same fraction of the total property of the transferor corporation as the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a Page 86 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions partnership or limited liability company, the transferee receives property (including real property interests and other property received) which is the same fraction of the property of the partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the transferee. (-k-) Transfers consisting of the division of marital assets under the provisions of section thirty- four of chapter two hundred and eight of the General Laws or other provisions of law. (-l-) Transfers of property consisting in part of real property interests situated in Nantucket County and in part of other property interests, to the extent that the property transferred consists of property other than real property situated in Nantucket county; provided that the purchaser shall furnish the Commission with such information as it shall require or request in support of the claim of exemption and manner of allocation of the consideration for such transfers. (-m-) The first $2 million of the sale price of any transfer or series of transfers of real property interests in a single parcel. Said exemption may be adjusted for inflation as determined tri- annually by vote of the majority of the Nantucket Community Housing Bank commission. For purposes of this subsection, "inflation" shall mean the increases, if any, in the total of prices paid for real property transfers year to year for real property within the Town of Nantucket. (-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability companies which are publicly traded, which trades are not part of a series of transfers which together constitute a transfer of control of a corporation, trust, partnership or limited liability company. SECTION 11A. To be consistent with the Nantucket Community Housing Bank Act, the Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370 of the Acts of 2002, and by chapter 130 of the Acts of 2006, referred to collectively as the "Land Bank Act") is hereby amended as follows: (a) The definition of "Real property interest" appearing in Section 1 of the Land Bank Act shall be restated in its entirety to the following: "Real property interest", any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property; the interest of a partner or member in a partnership or limited liability company, the interest of a stockholder in a corporation, the interest of a holder of an option to purchase real property, the interest of a buyer or seller under a contract for purchase and sale of real property, and the transferable development rights created under Massachusetts General Laws chapter 183A; but shall not include any interest which is limited to any of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than thirty years; any reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other secured party in any mortgage or security agreement. (b) Section 10A of the Land Bank Act is hereby repealed in its entirety. (c) The following sentence shall be inserted at the end of the preamble to Section 12 of the Land Bank Act: "Any otherwise exempt transfer shall not be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by Section 10." Page 87 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions (d) Section 12 (-i-) of the Land Bank Act shall be amended by deleting the portion thereof commencing with "provided, however, that such . . ." through the end of subsection (-i-), and the following shall be inserted in lieu thereof: provided, however, that such transfer shall be exempt only in the event that (i) with respect to a corporation, the transferor retains an interest in the newly formed corporation which is equivalent to the interest the transferor held prior to the transfer, or (ii) with respect to a partnership or limited liability company, the transferor retains after such formation rights in capital interests and profit interests within such partnership or limited liability company which are equivalent to the interest the transferor held prior to the transfer. (e) Section 12 (-j-) of the Land Bank Act shall be entirely restated as follows: Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property received) which is the same fraction of the total property of the transferor corporation as the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives property (including real property interests and other property received) which is the same fraction of the property of the partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the transferee. (f) Delete from Section 12 (-m-) of the Land Bank Act the words "The first" from the beginning of the subsection, and capitalize the word "an", which becomes the first word of the subsection. (g) Add new subsection (-n-) to Section 12 of the Land Bank Act, as follows: (-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability companies which are publicly traded, which trades are not part of a series of transfers which together constitute a transfer of control of a corporation, trust, partnership or limited liability company. (h) Add new subsection (-d-) to Section 14 of the Land Bank Act, as follows: (-d-) If the Commission has determined that a fee is due by asserting the application of the evasion of fee doctrine described in Section 12 of this Act, then the transferee shall have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the transfer, or series of transfers, possessed both: (i) a valid, good faith business purpose other than avoidance of the fee set forth in Section 10 of this Act and (ii) economic substance apart from the asserted fee avoidance benefit. In all such cases the transferee shall also have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the asserted non-fee-avoidance business purpose is commensurate with the amount of the fee pursuant to Section 10 to be thereby avoided. SECTION 12. A seller who fails to pay all or any portion of the fee established by section 9 on or before the time when the fee is due shall be liable for the following additional payments in addition to the fee: (a) Interest. The seller shall pay interest on the unpaid amount of the fee to be calculated from the time of transfer at a rate equal to prime rate at the time of transfer plus 1 per cent per annum, adjusted each year in accordance with changes in prime rate. (b) Penalties. Any person who, without fraud or willful intent to defeat or evade a fee imposed by section 9, fails to pay all or a portion of the fee within 30 days after the time of transfer, shall Page 88 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions pay a penalty equal to five per cent of the outstanding fee as determined by the housing bank commission for each month or portion of a month that the fee is not paid in full, but in no event shall the amount of any penalty imposed under this paragraph exceed 25 per cent of the unpaid fee due at the time of transfer. Whenever the housing bank commission determines that all or a portion of a fee due under section 9 was unpaid due to fraud with intent to defeat or evade the fee, a penalty equal to the amount of the fee as determined by the housing bank commission shall be paid by the seller in addition to the fee. SECTION 13A. (a) The Housing Bank Commission shall notify a seller by registered or certified mail of any failure to discharge in full the amount of the fee due under section 9 and any penalty or interest assessed. The Housing Bank Commission shall grant a hearing on the matter of the imposition of the fee, or of any interest or penalty assessed, if a petition requesting a hearing is received by the Housing Bank Commission within 30 days after the mailing of the notice. If the Commission has determined that a fee is due by asserting the application of the evasion of fee doctrine described in section 11 of this Act, then the seller shall have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the transaction possessed both: (i) a valid, good faith business purposes other than avoidance of the fee set forth in section 9 of this Act and (ii) economic substance apart from the asserted fee avoidance benefit. In all such cases the seller shall also have the burden of demonstrating by clear and convincing evidence as determined by the commission that the asserted non-fee-avoidance business purpose is commensurate with the amount of the fee pursuant to section 9 to be thereby avoided. The Housing Bank Commission shall notify the seller in writing by registered or certified mail of its determination concerning the deficiency, penalty or interest within 15 days after the hearing. Any party aggrieved by a determination of the Housing Bank Commission concerning a deficiency, penalty or interest may, after payment of the deficiency, appeal to the district or superior court within 3 months after the mailing of notification by the Housing Bank Commission. Upon the failure to timely petition for a hearing, or appeal to the court, within the time limits established in this paragraph, the seller shall be bound by the terms of the notification, assessment or determination, and shall be barred from contesting the fee or any interest and penalty, as determined by the Housing Bank Commission. All decisions of these courts shall be subject to appeal. Every notice to be given under this section by the Housing Bank Commission shall be effective if mailed by certified or registered mail to the seller at any available legal address of the seller, or at the address stated in a recorded or registered instrument by virtue of which the seller holds any real property interest, the transfer of which gives rise to the fee which is the subject of the notice; and, if no address is stated or if the transfer is not evidenced by an instrument recorded or registered in the public records of Nantucket County, the notice shall be effective when mailed to the seller in care of any person appearing of record to have had a fee interest in the land at the time of the transfer, at the address of that person as set forth in an instrument recorded or registered in Nantucket County. (b) All fees, penalties and interest required to be paid under this act shall constitute a personal debt of the seller and may be recovered in an action of contract or in any other appropriate action, suit or proceeding brought by the housing bank commission subject to chapter 260 of the General Laws. (c) Sellers applying for an exemption under subsections (a) through (n) of section eleven shall be required at the time of application for exemption to execute an agreement legally binding on sellers and separately legally binding upon any Legal Representative of the sellers (1) Page 89 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions assuming complete liability for any fee, plus interest and penalties if any, waived on account of an allowed exemption subsequently determined to have been invalid, and (2) submitting to the jurisdiction of the trial court of the commonwealth sitting in Nantucket County. Fees, plus interest and penalties if any, shall be calculated as of the date of the initial property transfer. Execution of the above-described agreement shall not be required of any mortgagee, pledge, purchaser or judgment creditor unless notice of the agreement has been recorded or filed by the Housing Bank Commission. The Housing Bank Commission, without waiving any of its rights, may direct a civil action to be filed in the appropriate district or superior court division of the department of the trial court sitting in the Nantucket county to enforce the agreement of the housing bank commission under this section with respect to this liability or to subject any property of the delinquent seller, or in which the delinquent seller has any legal or beneficial right, title or interest, to the payment of this liability. The Housing Bank Commission may issue a waiver or release of any agreement imposed by this section. Such waiver or release shall be conclusive evidence that the agreement is extinguished. SECTION 13B. This act, being necessary for the welfare of the town and county of Nantucket and its inhabitants, shall be liberally construed to effect its purposes. SECTION 14. Any time after five years from the effective date of this act, the town may dissolve the housing bank by vote of the majority of the town members at town meeting, but the fee imposed by section 9 shall continue to be imposed until all funding commitments, including repayment of any bonds or notes, have been paid in full, and the Nantucket housing bank shall continue in existence during this time for the sole purpose of collecting and administering these fees. Upon dissolution of the Nantucket housing bank, title to all funds and other properties held by the housing bank shall vest in the town of Nantucket after provision is made for payment of all bonds, notes and other obligations of the housing bank. The Nantucket housing bank commission shall not submit an amendment of this act to the general court unless the amendment has been approved by the affirmative vote of a majority of the voters at a town meeting. SECTION 15. Acceptance of this act shall be by the affirmative vote of a majority of the voters at any regular or special town election, or a state election, at which the question of acceptance has been placed on the ballot. This act shall become effective on the date on which acceptance by the town has been effected. Or, to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 22 of the October 23, 2006 Special Town Meeting, Article 82 of the 2008 Annual Town Meeting and Article 62 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved Moved Moved Moved not to adopt the Article.not to adopt the Article.not to adopt the Article.not to adopt the Article. Page 90 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 61616161 (Home Rule Petition: Nantucket Islands Land Bank Act Amendment)(Home Rule Petition: Nantucket Islands Land Bank Act Amendment)(Home Rule Petition: Nantucket Islands Land Bank Act Amendment)(Home Rule Petition: Nantucket Islands Land Bank Act Amendment) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO FURTHER CLARIFY THE NANTUCKET ISLANDS LAND BANK ACT REGARDING REAL PROPERTY INTERESTS SUBJECT TO THE LAND BANK ACT'S TRANSFER FEE SECTION 1. The Nantucket Islands Land Bank Act (being chapter 669 of the Acts of 1983, as amended by chapter 407 of the Acts of 1984, by chapter 202 of the Acts of 1985, by chapter 666 of the Acts of 1987, by chapter 392 of the Acts of 1991, by chapter 309 of the Acts of 1994, by chapter 370 of the Acts of 2002, and by chapter 130 of the Acts of 2006, referred to collectively as the "Land Bank Act") is hereby amended as follows: (a) The definition of "Real property interest" appearing in Section 1 of the Land Bank Act shall be restated in its entirety to the following: "Real property interest", any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property; the interest of a partner or member in a partnership or limited liability company, the interest of a stockholder in a corporation, the interest of a holder of an option to purchase real property, the interest of a buyer or seller under a contract for purchase and sale of real property, and the transferable development rights created under Massachusetts General Laws chapter 183A; but shall not include any interest which is limited to any of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or at sufferance; any estate for years having a term of less than thirty years; any reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other secured party in any mortgage or security agreement. (b) Section 10A of the Land Bank Act is hereby repealed in its entirety. (c) The following sentence shall be inserted at the end of the preamble to Section 12 of the Land Bank Act: "Any otherwise exempt transfer shall not be exempt in the event that such transfer (by itself or as part of a series of transfers) was made for the primary purpose of evading the fee imposed by Section 10." (d) Section 12 (-i-) of the Land Bank Act shall be amended by deleting the portion thereof commencing with "provided, however, that such . . ." through the end of subsection (-i-), and the following shall be inserted in lieu thereof: Page 91 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions provided, however, that such transfer shall be exempt only in the event that (i) with respect to a corporation, the transferor retains an interest in the newly formed corporation which is equivalent to the interest the transferor held prior to the transfer, or (ii) with respect to a partnership or limited liability company, the transferor retains after such formation rights in capital interests and profit interests within such partnership or limited liability company which are equivalent to the interest the transferor held prior to the transfer. (e) Section 12 (-j-) of the Land Bank Act shall be entirely restated as follows: Transfers made to a stockholder of a corporation in liquidation or partial liquidation of the corporation, and transfers made to a partner of a partnership or to a member of a limited liability company in dissolution or partial dissolution of the partnership or limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives property (including real property interests and other property received) which is the same fraction of the total property of the transferor corporation as the fraction of the corporation's stock owned by the transferee prior to the transfer or (ii) with respect to a partnership or limited liability company, the transferee receives property (including real property interests and other property received) which is the same fraction of the property of the partnership or limited liability company as the fraction of the capital and profit interests in the transferor formerly owned by the transferee. (f) Delete from Section 12 (-m-) of the Land Bank Act the words "The first" from the beginning of the subsection, and capitalize the word "an", which becomes the first word of the subsection. (g) Add new subsection (-n-) to Section 12 of the Land Bank Act, as follows: (-n-) Transfers of minority interests in corporations, trusts, partnerships or limited liability companies which are publicly traded, which trades are not part of a series of transfers which together constitute a transfer of control of a corporation, trust, partnership or limited liability company. (h) Add new subsection (-d-) to Section 14 of the Land Bank Act, as follows: (-d-) If the Commission has determined that a fee is due by asserting the application of the evasion of fee doctrine described in Section 12 of this Act, then the transferee shall have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the transfer, or series of transfers, possessed both: (i) a valid, good faith business purpose other than avoidance of the fee set forth in Section 10 of this Act and (ii) economic substance apart from the asserted fee avoidance benefit. In all such cases the transferee shall also have the burden of demonstrating by clear and convincing evidence as determined by the Commission that the asserted non-fee-avoidance business purpose is commensurate with the amount of the fee pursuant to Section 10 to be thereby avoided. Or, to take any other action related thereto. (Board of Selectmen) Page 92 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions NOTE: The above home rule petition was approved as Article 61 of the 2007 Annual Town Meeting, Article 86 of the 2008 Annual Town Meeting and Article 63 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that Moved that Moved that Moved that the Town’s petition to the General Court for a the Town’s petition to the General Court for a the Town’s petition to the General Court for a the Town’s petition to the General Court for a special special special special act as voted pursuant to Article 61 of the 2007 Annual Town Meeting, Article 86 of the act as voted pursuant to Article 61 of the 2007 Annual Town Meeting, Article 86 of the act as voted pursuant to Article 61 of the 2007 Annual Town Meeting, Article 86 of the act as voted pursuant to Article 61 of the 2007 Annual Town Meeting, Article 86 of the 2008 Annual Town Meeting and Article 63 of the 2009 Annual Town Meeting be hereby 2008 Annual Town Meeting and Article 63 of the 2009 Annual Town Meeting be hereby 2008 Annual Town Meeting and Article 63 of the 2009 Annual Town Meeting be hereby 2008 Annual Town Meeting and Article 63 of the 2009 Annual Town Meeting be hereby reauthorized in the form as prereauthorized in the form as prereauthorized in the form as prereauthorized in the form as previously voted and printed again in this Warrant.viously voted and printed again in this Warrant.viously voted and printed again in this Warrant.viously voted and printed again in this Warrant. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLARTICLARTICLARTICLE E E E 62626262 (Home Rule Petition:(Home Rule Petition:(Home Rule Petition:(Home Rule Petition: Harbor and Shellfish Advisory Board) Harbor and Shellfish Advisory Board) Harbor and Shellfish Advisory Board) Harbor and Shellfish Advisory Board) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto. AN ACT EXEMPTING THE HARBOR AND SHELLFISH ADVISORY BOARD MEMBERSHIP FROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSING Section 1. The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a Harbor and Shellfish Advisory Board in the Town of Nantucket”) as amended by Chapter 270 of the Acts of 1979 (“An Act Providing for the Filling of Vacancies on the Harbor and Shellfish Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new sentence at the end of the existing text: “It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory Board to provide an advisory role for commercial fishermen and those who make a living from the sea, to the Nantucket Board of Selectmen, therefore to encourage such persons to participate in this publicly elected advisory board, the members of the Board shall be exempt from subsections (a) and (c) of section 17 of chapter 268A of the General Laws and from section 19(a) when participating in the particular matter of providing advice and recommendations to the Board of Selectmen regarding shellfish fishing, harvesting, licensing and fishery standards.” Section 2. This act shall take effect upon its passage. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 66 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. Page 93 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Town’s petition to the General Court for a Moved that the Town’s petition to the General Court for a Moved that the Town’s petition to the General Court for a Moved that the Town’s petition to the General Court for a special act as voted pursuant to Articlespecial act as voted pursuant to Articlespecial act as voted pursuant to Articlespecial act as voted pursuant to Article 66 of the 2009 Annual Town Meeting, be hereby 66 of the 2009 Annual Town Meeting, be hereby 66 of the 2009 Annual Town Meeting, be hereby 66 of the 2009 Annual Town Meeting, be hereby reauthorized in the form as previously voted and printed again in this Warrant.reauthorized in the form as previously voted and printed again in this Warrant.reauthorized in the form as previously voted and printed again in this Warrant.reauthorized in the form as previously voted and printed again in this Warrant. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 63 63 63 63 (Home Rule Petition: Oc(Home Rule Petition: Oc(Home Rule Petition: Oc(Home Rule Petition: Ocean Management Planning Process)ean Management Planning Process)ean Management Planning Process)ean Management Planning Process) To see if the Town will vote to petition the General Court to enact special legislation for the town of Nantucket to amend the Nantucket Planning & Economic Development Act as set forth below, that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereto to accomplish the public purposes thereof, as follows: An Act Amending the Responsibilities of the Nantucket Planning & Economic Development Commission SECTION 1. Chapter 561 of the Acts of 1973, as amended by chapter 98 of the Acts of 1981 and by Chapter 458 of the Acts of 1991, is hereby further amended by inserting the following new Sections immediately following the existing text of section 4 as follows: Section 4A. The Commission shall be one of the Commonwealth’s regional planning agencies. Section 4B. Certain developments of regional economic impact as hereinafter defined proposed to be constructed within the limits of the town of Nantucket shall not be constructed within such town without a Development of Regional Economic Impact Permit (“DREIP”) therefore issued by the Nantucket Planning & Economic Development Commission created by chapter 561 of the Acts of 1973 as amended, as a result of a majority vote of the membership thereof. A DREIP shall be in addition to and not a substitute for, nor in any way detract from, any permit, license, approval, or other permission issued by the Town of Nantucket or any other applicable governmental authority. Section 4C. Developments of regional economic impact shall be those large-scale commercial and industrial developments that have the potential to impact the appearance, society and economy of the town of Nantucket that exceed any one of the following minimum thresholds: (a) 30,000 gross square feet of interior space in a single building or on a single lot for retail, manufacturing, or industrial use; (b) 40,000 square feet of exterior storage, exterior industrial use; (c) Alterations to more than 5 acres of shore, beach, seacoast, pond, marsh, dune, woodland, wetland, endangered species habitat, aquifer, or other resource area for commercial or industrial use; or (d) Any commercial or industrial use that requires more than 100 parking spaces as determined by the zoning bylaw of the Town of Nantucket. Page 94 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Section 4D. The Commission shall by majority vote adopt rules and regulations for the issuance of a DREIP after a public hearing, with a minimum of fourteen days prior notice to the Town of Nantucket Board of Selectmen of the time and place of such hearing; provided however, such rules and regulations shall not take effect except upon an affirmative vote of the Town of Nantucket at a duly scheduled Town Meeting. Such rules and regulations shall include specific time lines for action by the Commission (including without limitation that the Commission shall file a written decision with the Town Clerk within 180 days of the Commission’s receipt of a complete application for the issuance of a DREIP), and standards and criteria to assess visual and environmental impacts, employment characteristics and requirements for municipal or regional services including solid waste disposal, water, sewer, tourist services and facilities, transportation and education. Such rules and regulations shall provide that the Commission shall issue a DREIP upon making the following findings: (a) The probable benefit of the proposed project will exceed the probable detriment; (b) The proposed project is in compliance with any master plan adopted by the community pursuant to Chapter 41-81D of the general laws of the Commonwealth, or other authority; and (c) There are no practical, feasible or practicable options or alternatives that might otherwise be employed due to unique physical, social or economic conditions related to Nantucket’s island location. SECTION 2. This Act shall take effect upon passage. Or, to take any other action as related thereto. (Board of Selectmen for Nantucket Planning and Economic Development Commission) NOTE: The above home rule petition was approved as Article 67 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Town’s petition to the General Court for a Moved that the Town’s petition to the General Court for a Moved that the Town’s petition to the General Court for a Moved that the Town’s petition to the General Court for a special act as voted pursuant to Article 67 of the 2009 Annual Town Meeting, be hereby special act as voted pursuant to Article 67 of the 2009 Annual Town Meeting, be hereby special act as voted pursuant to Article 67 of the 2009 Annual Town Meeting, be hereby special act as voted pursuant to Article 67 of the 2009 Annual Town Meeting, be hereby reauthorized in the form as previously voted and printed again ireauthorized in the form as previously voted and printed again ireauthorized in the form as previously voted and printed again ireauthorized in the form as previously voted and printed again in this Warrant.n this Warrant.n this Warrant.n this Warrant. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. Page 95 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLEARTICLEARTICLEARTICLE 64 64 64 64 (Home Rule Petition: Separate Board of Health)(Home Rule Petition: Separate Board of Health)(Home Rule Petition: Separate Board of Health)(Home Rule Petition: Separate Board of Health) To see if the Town will vote to petition the General Court to enact a special act of the Town of Nantucket to establish an appointed separate Board of Health for the Town, the text of which act is set forth below, and that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereof to accomplish the public purposes thereof, as follows: An Act Establishing an Appointed Board of Health for the Town of Nantucket Section 1. Notwithstanding any law to the contrary, there is hereby established for the Town of Nantucket a five member Board of Health separate from any other board or commission of the town, having all the powers, duties and responsibilities granted to Boards of Health pursuant to the general laws of the Commonwealth. Section 2. Three of the five members of the Board established by section 1 of this Act shall be, to the extent coming forward ready willing and able or otherwise available to serve, health care professionals or environmental professionals. To the extent that such health care professionals or environmental professionals are not available to serve, then members of the general public of residents of the town may be appointed for these positions. These three members shall be appointed by the Board of Selectmen for three year terms, with the initial appointments after the effective date of this Act to be one member for a three year term, one member for a two year term, and one member for a one year term, thereafter upon expiration of these initial terms, the successors shall each be appointed for three years. Section 3. One of the five members shall be a member of the Board of Selectmen designated by the Board of Selectmen for an initial appointment to a one year term and thereafter each successor member of the Board of Selectmen for one year terms. Section 4. One of the five members shall be appointed by the Board of Selectmen from among the general public consisting of the residents of the town, for a term of three years. Section 5. Any vacancy arising on the Board of Health created by this Act shall be filled in the same manner as the appointments thereto described in sections 2, 3, and 4 of this Act. Section 6. Except as otherwise provided by this Act, the Charter of the Town of Nantucket (Chapter 289 of the Acts of 1996, as the same may have been amended pursuant to the terms thereof) shall otherwise apply to the Board of Health created by this Act. Section 7. This act shall take effect on passage. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 56 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. Page 96 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Town’s petition to t Moved that the Town’s petition to t Moved that the Town’s petition to t Moved that the Town’s petition to the General Court for a he General Court for a he General Court for a he General Court for a special act as voted pursuant to Article 56 of the 2009 Annual Town Meeting, be hereby special act as voted pursuant to Article 56 of the 2009 Annual Town Meeting, be hereby special act as voted pursuant to Article 56 of the 2009 Annual Town Meeting, be hereby special act as voted pursuant to Article 56 of the 2009 Annual Town Meeting, be hereby reauthorized in the form as previously voted and printed again in this Warrant.reauthorized in the form as previously voted and printed again in this Warrant.reauthorized in the form as previously voted and printed again in this Warrant.reauthorized in the form as previously voted and printed again in this Warrant. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Finance Finance Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 65ARTICLE 65ARTICLE 65ARTICLE 65 (Home Rule Petition: Pay for William J. Higgins)(Home Rule Petition: Pay for William J. Higgins)(Home Rule Petition: Pay for William J. Higgins)(Home Rule Petition: Pay for William J. Higgins) To see if the Town will vote to petition the General Court to enact special legislation for the town of Nantucket as set forth below, that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereto to accomplish the public purposes thereof, as follows: An Act Relative to William J. Higgins, An Employee of the Town of Nantucket. Section 1. Notwithstanding any general or special law or rule or regulation to the contrary, the Town of Nantucket, MA is authorized, subject to appropriation, to pay William J. Higgins, an employee of the Town of Nantucket who was granted a military leave of absence to serve in support of Operation Enduring Freedom after September 11, 2001, the amount of $29,539.41. This amount constitutes the regular base salary that William J. Higgins, would have received as a town of Nantucket employee during his military leave reduced by the amount he received from the United States as base pay for military service performed during the same pay period. Section 2. This act shall take effect upon its passage. (Board of Selectmen for William J. Higgins) NOTE: The above home rule petition was approved as Article 69 of the 2009 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2010, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTION:::: Moved that the Town’s petition to the General Court for a Moved that the Town’s petition to the General Court for a Moved that the Town’s petition to the General Court for a Moved that the Town’s petition to the General Court for a special act as voted pursuant to Article 69 of the 2009 Annual Town Meeting, be hereby special act as voted pursuant to Article 69 of the 2009 Annual Town Meeting, be hereby special act as voted pursuant to Article 69 of the 2009 Annual Town Meeting, be hereby special act as voted pursuant to Article 69 of the 2009 Annual Town Meeting, be hereby reauthorized in the form as previously voted and printed again in this Warrant.reauthorized in the form as previously voted and printed again in this Warrant.reauthorized in the form as previously voted and printed again in this Warrant.reauthorized in the form as previously voted and printed again in this Warrant. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen The Board of Selectmen The Board of Selectmen The Board of Selectmen recommends that Town recommends that Town recommends that Town recommends that Town Meeting not adopt the Article.Meeting not adopt the Article.Meeting not adopt the Article.Meeting not adopt the Article. ARTICLEARTICLEARTICLEARTICLE 66 66 66 66 (Home Rule Petition: (Home Rule Petition: (Home Rule Petition: (Home Rule Petition: Expansion of Room Occupancy Tax to Vacation Rentals) Expansion of Room Occupancy Tax to Vacation Rentals) Expansion of Room Occupancy Tax to Vacation Rentals) Expansion of Room Occupancy Tax to Vacation Rentals) To see if the Town will vote to petition the General Court for enactment of a Home Rule special act and to request the Town’s representatives to the General Court to introduce a Special Act as set forth below, and further to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage, and to take any other action related thereto: Page 97 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions AN ACT APPROVING THE APPLICATION BY THE TOWN OF NANTUCKET OF THE LOCAL OPTION ROOM OCCUPANCY EXCISE TO SEASONAL RENTAL PROPERTIES IN THE TOWN OF NANTUCKET Section 1. Notwithstanding the provisions of any general or special law to the contrary, in addition to the authority to impose a local excise tax upon any transfer of occupancy of any room or rooms as may be set forth in and authorized by general law chapter 64G, section 3A or other law, as the same may be amended from time to time, the town of Nantucket shall, commencing on the first day of the fiscal year that begins after the effective date of this Act, be authorized to impose a local excise tax upon the transfer of occupancy of any room in a seasonal rental property or other transient accommodations located within said town by any operator at the rate of up to but not exceeding six (6) percent of the total amount of rent of each such occupancy. Section 2. For the purposes of this chapter, all terms used herein shall, unless the context requires otherwise, have the same meanings as set forth in general law chapter 64G, section 1 and as follows: “Occupancy”, the use or possession, or the right to the use or possession, of any room or rooms in a bed and breakfast establishment, bed and breakfast home, hotel, lodging house, motel, seasonal rental property or other transient accommodation designed and normally used for sleeping and living purposes, or the right to the use or possession of the furnishings or the services and accommodations, including breakfast in a bed and breakfast establishment or bed and breakfast home, accompanying the use and possession of such room or rooms, for a period of ninety consecutive calendar days or less, regardless of whether such use and possession is as a lessee, tenant, guest or licensee. “Seasonal rental property or other transient accommodations” shall mean any bed and breakfast home, as defined by general law chapter 64G, section 1 and any residential or commercial dwelling, dwelling unit or part thereof, unit of a condominium as defined by general law chapter 183A, or time-share as defined by general law chapter 183B, used for the lodging of guests or invitees in exchange for rent. Section 3. No excise shall be imposed upon for the transfer of occupancy of any room in a seasonal rental property or other transient accommodations if the total amount of rent is less than fifteen dollars per day or its equivalent or if the accommodation, other than a bed and breakfast home, is exempt under the provisions of chapter 64G, section 2. Section 4. All operators of seasonal rental property or other transient accommodations shall be responsible for assessing, collecting reporting and paying such local excise tax as set forth in general law chapter 64G, sections 3, 4, 5, 6 and 7A and shall be liable in the same manners as operators in general law chapter 64G, section 7B. Section 5. This act shall take effect upon its passage. (Board of Selectmen) Page 98 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved thatMoved thatMoved thatMoved that the Town’s representatives to the General the Town’s representatives to the General the Town’s representatives to the General the Town’s representatives to the General Court are hereby requested to introduce a Special Act as set forth below, and further to Court are hereby requested to introduce a Special Act as set forth below, and further to Court are hereby requested to introduce a Special Act as set forth below, and further to Court are hereby requested to introduce a Special Act as set forth below, and further to authorize the Genauthorize the Genauthorize the Genauthorize the General Court, with the approval of the Board of Selectmen, to make constructive eral Court, with the approval of the Board of Selectmen, to make constructive eral Court, with the approval of the Board of Selectmen, to make constructive eral Court, with the approval of the Board of Selectmen, to make constructive changes in language as may be necessary or advisable towards perfecting the intent of this changes in language as may be necessary or advisable towards perfecting the intent of this changes in language as may be necessary or advisable towards perfecting the intent of this changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage, and to take any other action related thereto:legislation in order to secure passage, and to take any other action related thereto:legislation in order to secure passage, and to take any other action related thereto:legislation in order to secure passage, and to take any other action related thereto: AN ACT APPROVING THE APPLICATION BY THE TOWN OF NANTUCKETAN ACT APPROVING THE APPLICATION BY THE TOWN OF NANTUCKETAN ACT APPROVING THE APPLICATION BY THE TOWN OF NANTUCKETAN ACT APPROVING THE APPLICATION BY THE TOWN OF NANTUCKET OF THE LOCAL OPTION ROOM OCCUPANCY EXCISE TOOF THE LOCAL OPTION ROOM OCCUPANCY EXCISE TOOF THE LOCAL OPTION ROOM OCCUPANCY EXCISE TOOF THE LOCAL OPTION ROOM OCCUPANCY EXCISE TO SEASONAL RENTAL PROPERTIES IN THE TOWN OF NANTUCKETSEASONAL RENTAL PROPERTIES IN THE TOWN OF NANTUCKETSEASONAL RENTAL PROPERTIES IN THE TOWN OF NANTUCKETSEASONAL RENTAL PROPERTIES IN THE TOWN OF NANTUCKET Section 1.Section 1.Section 1.Section 1. Notwithstanding the provisions of any general or special law to the contrary, in Notwithstanding the provisions of any general or special law to the contrary, in Notwithstanding the provisions of any general or special law to the contrary, in Notwithstanding the provisions of any general or special law to the contrary, in additioadditioadditioaddition to the authority to impose a local excise tax upon any transfer of occupancy of any n to the authority to impose a local excise tax upon any transfer of occupancy of any n to the authority to impose a local excise tax upon any transfer of occupancy of any n to the authority to impose a local excise tax upon any transfer of occupancy of any room or rooms as may be set forth in and authorized by general law chapter 64G, sectionroom or rooms as may be set forth in and authorized by general law chapter 64G, sectionroom or rooms as may be set forth in and authorized by general law chapter 64G, sectionroom or rooms as may be set forth in and authorized by general law chapter 64G, section 3A or 3A or 3A or 3A or other law, as the same may be amended from time to time, the town of Nantuckother law, as the same may be amended from time to time, the town of Nantuckother law, as the same may be amended from time to time, the town of Nantuckother law, as the same may be amended from time to time, the town of Nantucket shall, et shall, et shall, et shall, commencing on the first day of the fiscal year that begins after the effective date of this Act, be commencing on the first day of the fiscal year that begins after the effective date of this Act, be commencing on the first day of the fiscal year that begins after the effective date of this Act, be commencing on the first day of the fiscal year that begins after the effective date of this Act, be authorized to impose a local excise tax upon the transfer of occupancy of any room in a authorized to impose a local excise tax upon the transfer of occupancy of any room in a authorized to impose a local excise tax upon the transfer of occupancy of any room in a authorized to impose a local excise tax upon the transfer of occupancy of any room in a seasonal rental property or other transient accommodationsseasonal rental property or other transient accommodationsseasonal rental property or other transient accommodationsseasonal rental property or other transient accommodations located within said town by any located within said town by any located within said town by any located within said town by any operator at the rate of up to but not exceeding six (6) percent of the total amount of rent of each operator at the rate of up to but not exceeding six (6) percent of the total amount of rent of each operator at the rate of up to but not exceeding six (6) percent of the total amount of rent of each operator at the rate of up to but not exceeding six (6) percent of the total amount of rent of each such occupancy.such occupancy.such occupancy.such occupancy. Section 2.Section 2.Section 2.Section 2. For the purposes of this chapter, all terms used herein shall, unless the context For the purposes of this chapter, all terms used herein shall, unless the context For the purposes of this chapter, all terms used herein shall, unless the context For the purposes of this chapter, all terms used herein shall, unless the context requires othrequires othrequires othrequires otherwise, have the same meanings as set forth in general law chapter 64G, section 1 erwise, have the same meanings as set forth in general law chapter 64G, section 1 erwise, have the same meanings as set forth in general law chapter 64G, section 1 erwise, have the same meanings as set forth in general law chapter 64G, section 1 and as follows:and as follows:and as follows:and as follows: “Occupancy”, the use or possession, or the right to the use or possession, of any room “Occupancy”, the use or possession, or the right to the use or possession, of any room “Occupancy”, the use or possession, or the right to the use or possession, of any room “Occupancy”, the use or possession, or the right to the use or possession, of any room or rooms in a bed and breakfast establishmentor rooms in a bed and breakfast establishmentor rooms in a bed and breakfast establishmentor rooms in a bed and breakfast establishment, bed and breakfast home, bed and breakfast home, bed and breakfast home, bed and breakfast home,,,, hotel, lodging hotel, lodging hotel, lodging hotel, lodging house, motel, seasonal rental property or other transient accommodation designed and house, motel, seasonal rental property or other transient accommodation designed and house, motel, seasonal rental property or other transient accommodation designed and house, motel, seasonal rental property or other transient accommodation designed and normally used for sleeping and living purposes, or the right to the use or possession of normally used for sleeping and living purposes, or the right to the use or possession of normally used for sleeping and living purposes, or the right to the use or possession of normally used for sleeping and living purposes, or the right to the use or possession of the furnishings or the services and accommodations, including breathe furnishings or the services and accommodations, including breathe furnishings or the services and accommodations, including breathe furnishings or the services and accommodations, including breakfast in a bed and kfast in a bed and kfast in a bed and kfast in a bed and breakfast establishmentbreakfast establishmentbreakfast establishmentbreakfast establishment or bed and breakfast home or bed and breakfast home or bed and breakfast home or bed and breakfast home, accompanying the use and , accompanying the use and , accompanying the use and , accompanying the use and possession of such room or rooms, for a period of ninety consecutive calendar days or possession of such room or rooms, for a period of ninety consecutive calendar days or possession of such room or rooms, for a period of ninety consecutive calendar days or possession of such room or rooms, for a period of ninety consecutive calendar days or less, regardless of whether such use and possession is as a lessee, tenant,less, regardless of whether such use and possession is as a lessee, tenant,less, regardless of whether such use and possession is as a lessee, tenant,less, regardless of whether such use and possession is as a lessee, tenant, guest or guest or guest or guest or licensee.licensee.licensee.licensee. “Seasonal rental property or other transient accommodations” shall mean“Seasonal rental property or other transient accommodations” shall mean“Seasonal rental property or other transient accommodations” shall mean“Seasonal rental property or other transient accommodations” shall mean any bed and any bed and any bed and any bed and breakfast home, as defined by general law chapter 64G, section 1 andbreakfast home, as defined by general law chapter 64G, section 1 andbreakfast home, as defined by general law chapter 64G, section 1 andbreakfast home, as defined by general law chapter 64G, section 1 and any residential or any residential or any residential or any residential or commercial dwelling, dwelling unit or part thereof, unit of a cocommercial dwelling, dwelling unit or part thereof, unit of a cocommercial dwelling, dwelling unit or part thereof, unit of a cocommercial dwelling, dwelling unit or part thereof, unit of a condominium as defined by ndominium as defined by ndominium as defined by ndominium as defined by general law chapter 183A, or timegeneral law chapter 183A, or timegeneral law chapter 183A, or timegeneral law chapter 183A, or time----share as defined by general law chapter 183B, used share as defined by general law chapter 183B, used share as defined by general law chapter 183B, used share as defined by general law chapter 183B, used for the lodging of guests or invitees in exchange for rent.for the lodging of guests or invitees in exchange for rent.for the lodging of guests or invitees in exchange for rent.for the lodging of guests or invitees in exchange for rent. Section 3.Section 3.Section 3.Section 3. No excise shall be imposed upon for the transfer of occupancy of any room No excise shall be imposed upon for the transfer of occupancy of any room No excise shall be imposed upon for the transfer of occupancy of any room No excise shall be imposed upon for the transfer of occupancy of any room in a in a in a in a seasonal rental property or other transient accommodations if the total amount of rent is less seasonal rental property or other transient accommodations if the total amount of rent is less seasonal rental property or other transient accommodations if the total amount of rent is less seasonal rental property or other transient accommodations if the total amount of rent is less than fifteen dollars per day or its equivalent or if the accommodationthan fifteen dollars per day or its equivalent or if the accommodationthan fifteen dollars per day or its equivalent or if the accommodationthan fifteen dollars per day or its equivalent or if the accommodation, other than a bed and , other than a bed and , other than a bed and , other than a bed and breakfast homebreakfast homebreakfast homebreakfast home,,,, is exempt under the provisions of chapter 64G, is exempt under the provisions of chapter 64G, is exempt under the provisions of chapter 64G, is exempt under the provisions of chapter 64G, section 2.section 2.section 2.section 2. Section 4.Section 4.Section 4.Section 4. All operators of seasonal rental property or other transient accommodations shall All operators of seasonal rental property or other transient accommodations shall All operators of seasonal rental property or other transient accommodations shall All operators of seasonal rental property or other transient accommodations shall be responsible for assessing, collecting reporting and paying such local excise tax as set forth be responsible for assessing, collecting reporting and paying such local excise tax as set forth be responsible for assessing, collecting reporting and paying such local excise tax as set forth be responsible for assessing, collecting reporting and paying such local excise tax as set forth Page 99 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions in general law chapter 64G, sections 3, 4, 5, 6 and 7in general law chapter 64G, sections 3, 4, 5, 6 and 7in general law chapter 64G, sections 3, 4, 5, 6 and 7in general law chapter 64G, sections 3, 4, 5, 6 and 7A and shall be liable in the same manners A and shall be liable in the same manners A and shall be liable in the same manners A and shall be liable in the same manners as operators in general law chapter 64G, section 7B.as operators in general law chapter 64G, section 7B.as operators in general law chapter 64G, section 7B.as operators in general law chapter 64G, section 7B. Section 5.Section 5.Section 5.Section 5. This act shall take effect upon its passage. This act shall take effect upon its passage. This act shall take effect upon its passage. This act shall take effect upon its passage. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 6 6 6 67777 (Home Rule Petition: Conveyance of Land from County to Town)(Home Rule Petition: Conveyance of Land from County to Town)(Home Rule Petition: Conveyance of Land from County to Town)(Home Rule Petition: Conveyance of Land from County to Town) To see if the Town will vote to petition the General Court to enact a special act of the Town of Nantucket the text of which act is set forth below, and that the General Court be authorized, with the consent of the Board of Selectmen, to make constructive changes in the text thereof to accomplish the public purposes thereof, as follows: An Act Approving the Conveyance of Property by the County of Nantucket Section 1. The County of Nantucket is hereby authorized to convey a parcel containing 18,400 square feet of land bounded by the easterly sideline of Nonantum Avenue; northerly by the southerly lot line of Assessor Map 88 Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly lot line of Assessor Map 88 Parcels 50 and 51; the eastern sideline of former Harriet Street (f.k.a Prospect Street) and southerly by the northerly lot line of Assessor Map 88 Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Avenue and the Atlantic Ocean and Assessor Map 88 Parcel 48, owned by the County of Nantucket to the Town of Nantucket. Section 2. A majority of the voters at an Annual or Special Town Meeting shall approve acceptance of any and all transfers authorized in Section 1, prior to such conveyance taking effect. Section 3. The provision of Chapter 30B of the General Laws and any rights of first refusal in the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws shall not be applicable to any conveyance authorized hereunder. Section 4. This Act shall take effect upon passage. And, to take any other action as related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Town’s r Moved that the Town’s r Moved that the Town’s r Moved that the Town’s representatives to epresentatives to epresentatives to epresentatives to the General the General the General the General Court are hereby requested to introduce a special act of the Town of Nantucket the text of Court are hereby requested to introduce a special act of the Town of Nantucket the text of Court are hereby requested to introduce a special act of the Town of Nantucket the text of Court are hereby requested to introduce a special act of the Town of Nantucket the text of which act is set forth below, and that the General Court be authorized, with the consent of the which act is set forth below, and that the General Court be authorized, with the consent of the which act is set forth below, and that the General Court be authorized, with the consent of the which act is set forth below, and that the General Court be authorized, with the consent of the Board of Selectmen, to make constructivBoard of Selectmen, to make constructivBoard of Selectmen, to make constructivBoard of Selectmen, to make constructive changes in the text thereof to accomplish the public e changes in the text thereof to accomplish the public e changes in the text thereof to accomplish the public e changes in the text thereof to accomplish the public purposes thereof, as follows:purposes thereof, as follows:purposes thereof, as follows:purposes thereof, as follows: Page 100 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions An Act Approving the Conveyance of Property by the County of NantucketAn Act Approving the Conveyance of Property by the County of NantucketAn Act Approving the Conveyance of Property by the County of NantucketAn Act Approving the Conveyance of Property by the County of Nantucket Section 1.Section 1.Section 1.Section 1. The County of Nantucket is hereby authorized to convey a parcel containing The County of Nantucket is hereby authorized to convey a parcel containing The County of Nantucket is hereby authorized to convey a parcel containing The County of Nantucket is hereby authorized to convey a parcel containing 18,400 squ18,400 squ18,400 squ18,400 square feet of land boundare feet of land boundare feet of land boundare feet of land bounded by the easterly sideline of ed by the easterly sideline of ed by the easterly sideline of ed by the easterly sideline of Nonantum Avenue; northerly by Nonantum Avenue; northerly by Nonantum Avenue; northerly by Nonantum Avenue; northerly by the southerly lot line of Assessor Map 88 Parcelthe southerly lot line of Assessor Map 88 Parcelthe southerly lot line of Assessor Map 88 Parcelthe southerly lot line of Assessor Map 88 Parcel 49, the southerly sideline of 49, the southerly sideline of 49, the southerly sideline of 49, the southerly sideline of a portion of a portion of a portion of a portion of former Clifford Street and the southerly lot line of Assessor Map 88 Parcels 50 former Clifford Street and the southerly lot line of Assessor Map 88 Parcels 50 former Clifford Street and the southerly lot line of Assessor Map 88 Parcels 50 former Clifford Street and the southerly lot line of Assessor Map 88 Parcels 50 and 51; the and 51; the and 51; the and 51; the eastern sideline of former Harriet Street (f.k.a Prospect Street) and southerly by the northerly eastern sideline of former Harriet Street (f.k.a Prospect Street) and southerly by the northerly eastern sideline of former Harriet Street (f.k.a Prospect Street) and southerly by the northerly eastern sideline of former Harriet Street (f.k.a Prospect Street) and southerly by the northerly lot line of Assessor Map 88 Parcel 47, the northern sideline of a portion of Clifford Street lot line of Assessor Map 88 Parcel 47, the northern sideline of a portion of Clifford Street lot line of Assessor Map 88 Parcel 47, the northern sideline of a portion of Clifford Street lot line of Assessor Map 88 Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Avenue and the Atlantic Ocean between former Nonantum Avenue and the Atlantic Ocean between former Nonantum Avenue and the Atlantic Ocean between former Nonantum Avenue and the Atlantic Ocean and Assessor Map 88 Parcel 48, and Assessor Map 88 Parcel 48, and Assessor Map 88 Parcel 48, and Assessor Map 88 Parcel 48, owned by the County of Nantucket to the Town of Nantucket.owned by the County of Nantucket to the Town of Nantucket.owned by the County of Nantucket to the Town of Nantucket.owned by the County of Nantucket to the Town of Nantucket. Section 2.Section 2.Section 2.Section 2. A majority of the voters at an Annual or Special Town Meeting shall approve A majority of the voters at an Annual or Special Town Meeting shall approve A majority of the voters at an Annual or Special Town Meeting shall approve A majority of the voters at an Annual or Special Town Meeting shall approve acceptance of any and all transfers authorized in Section 1, prior to such conacceptance of any and all transfers authorized in Section 1, prior to such conacceptance of any and all transfers authorized in Section 1, prior to such conacceptance of any and all transfers authorized in Section 1, prior to such conveyance taking veyance taking veyance taking veyance taking effect. effect. effect. effect. Section 3.Section 3.Section 3.Section 3. The provision of Chapter 30B of the General Laws and any rights of first refusal The provision of Chapter 30B of the General Laws and any rights of first refusal The provision of Chapter 30B of the General Laws and any rights of first refusal The provision of Chapter 30B of the General Laws and any rights of first refusal in the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws in the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws in the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws in the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws shall not be applicable to any conveyance authorishall not be applicable to any conveyance authorishall not be applicable to any conveyance authorishall not be applicable to any conveyance authorized hereunder. zed hereunder. zed hereunder. zed hereunder. Section 4.Section 4.Section 4.Section 4. This Act shall take effect upon passage.This Act shall take effect upon passage.This Act shall take effect upon passage.This Act shall take effect upon passage. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 68ARTICLE 68ARTICLE 68ARTICLE 68 (Home Rule Petition: An Act Regulating the Content and Application of Fertilizer(Home Rule Petition: An Act Regulating the Content and Application of Fertilizer(Home Rule Petition: An Act Regulating the Content and Application of Fertilizer(Home Rule Petition: An Act Regulating the Content and Application of Fertilizer Used in the Used in the Used in the Used in the Town of Nantucket)Town of Nantucket)Town of Nantucket)Town of Nantucket) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT REGULATING THE CONTENT AND APPLICATION OF FERTILIZER USED IN THE TOWN OF NANTUCKET SECTION 1. There is a sound scientific basis to conclude that nitrogen and phosphorus in manufactured fertilizers are contaminants that negatively affect water-bodies when present in excessive amounts, contributing to undesirable algae and aquatic plant growth, known as “eutrophication”. SECTION 2. Excessive amounts of both nitrogen and phosphorus discharged into the Nantucket and Madaket Harbors watershed significantly decrease the habitat value of the estuarine ecosystem, especially for hard clams, bay scallops and other species. Page 101 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions SECTION 3. The Nantucket and Madaket Harbors and the surrounding coastal waters are essential components of the recreation and tourism industry in the Town of Nantucket. SECTION 4. Applying slow-release nitrogen to turf maintains healthy turf growth while decreasing contamination to groundwater. SECTION 5. Applying phosphorus to turf only in situations in which a soil test indicates the need to do so is a sound management practice and can decrease the nutrient load to Nantucket and Madaket Harbors and freshwater ponds in the Town of Nantucket. SECTION 6. Turf does not effectively utilize nitrogen and phosphorus during periods when the soil is frozen or grass is dormant, allowing nutrients to run off into Nantucket’s Harbors and ponds in increased amounts. SECTION 7. Heavy precipitation and snowmelt greatly increase the amount of nitrogen and phosphorus that run off into adjacent water-bodies. SECTION 8. It is necessary to regulate in the Town of Nantucket the use of fertilizer that contains phosphorus and high percentages of fast-acting nitrogen in order to improve water quality. SECTION 9. It is imperative that restrictions on the amount of nitrogen and phosphorus discharged into the Nantucket and Madaket Harbors watershed be imposed so as to protect the integrity of Nantucket’s waters and ponds for present and future generations. SECTION 10. Definitions For the purposes of this Act, the following words shall have the following meanings unless the context clearly indicates a different meaning: “Applicator” means any person who applies fertilizer to turf. “Fast-acting nitrogen” means any water-soluble nitrogen that is immediately available to turf upon application. “Fertilize, fertilizing or fertilization” means the act of applying fertilizer to turf. “Fertilizer” means a substance that enriches the soil with elements essential for turf growth, such as nitrogen, phosphorus or other substances. “Impervious surface” means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. “Landscape professional” means a person who, in exchange for money, goods, services or other consideration, applies fertilizer to turf. Page 102 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions “Landscaping” means establishment by sod or seeding, renovation, maintenance, fertilization or pest management of turf. “Slow-release, controlled-release, timed-release, slowly available, or water-insoluble nitrogen” means nitrogen in a form that delays its availability for plant uptake and use after application and is not rapidly available to turf. “Soil test” means a technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by University of Massachusetts Cooperative Research Extension. “Turf” means grass-covered soil held together by the roots of the grass, also known as “sod” or “lawn.” "Water-bodies" includes, but is not limited to, streams, including intermittent streams, creeks, rivers, freshwater and tidal wetlands, ponds, lakes, marine waters, canals, lagoons, and estuaries within the Town of Nantucket, including all waters defined in Massachusetts General Laws Chapter 131, Section 40 and Town of Nantucket Code Section 136. “Weed and feed” means any product that, in combination with fertilizer, contains weed killer, defoliant, crabgrass preventer, or any other chemical for restricting the growth of plants other than turf. SECTION 11. Prohibited Conduct A. Applicators shall not: 1. apply fertilizer immediately before or during heavy rainfall, such as but not limited to, thunderstorms, hurricanes or north eastern storms or when the soil is saturated due to intense or extended rainfall. 2. apply fertilizer between December 1 and April 1 of any calendar year. 3. apply, spill or deposit fertilizer on any impervious surface and fail to remove the applied, spilled or deposited fertilizer immediately. 4. apply fertilizer closer than twenty five-feet to water-bodies. 5. deposit grass clippings, leaves, or any other vegetative debris into water-bodies, retention and detention areas, drainage ditches or storm water drains, or onto impervious surfaces such as, but not limited to, roadways and sidewalks, except during scheduled clean up programs. SECTION 12. Fertilizer Content and Application Requirements for Applicators A. The following restrictions shall apply to the content of fertilizer to be applied to turf: Page 103 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 1. An applicator shall not apply any fertilizer to turf unless the fertilizer contains a minimum of 70% slow-release nitrogen as the nitrogen additive. 2. An applicator shall not apply fertilizer that contains phosphorus, unless a soil test indicates a phosphorus deficiency. 3. Any fertilizer applied to soil with a demonstrated phosphorus deficiency shall comply with the recommendations of the Northeast Organic Farmers Association Standards for Organic Land Care. B. Fertilizer application shall not exceed the manufacturer’s recommended rate. C. The above-referenced application requirements shall apply without limitation to the application of pesticide and fertilizer mixtures, including but not limited to, “weed and feed” products. SECTION 13. Exemptions A. The following activities shall be exempt from Section 12 of this Act: 1. Application of phosphorus when: a. Establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the Northeast Organic Farmers Association Standards for Organic Land Care. b. Re-establishing or repairing turf after substantial damage; 2. Use of reclaimed water for irrigation, provided it is not used within twenty-feet of any water- body. 3. Application of fertilizer for agricultural and horticultural uses, including sod farms. SECTION 14. Severability Clause Should any section, part or provision of this Act be deemed invalid or unconstitutional, such decision shall not affect the validity of the remaining terms of this Act as a whole or any part thereof, other than the section, part or provision held invalid or unconstitutional. Section 15. Effective Date This Act shall take effect on January 1, 2011. (Board of Selectmen for Harbor Plan Implementation Committee) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article.Moved not to adopt the Article. Page 104 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENT: The Board of Selectmen : The Board of Selectmen : The Board of Selectmen : The Board of Selectmen will provide a comment at will provide a comment at will provide a comment at will provide a comment at Town MeetingTown MeetingTown MeetingTown Meeting.... ARTICLEARTICLEARTICLEARTICLE 69 69 69 69 (Home Rule Petition: Nantucket Sewer Act Amendment)(Home Rule Petition: Nantucket Sewer Act Amendment)(Home Rule Petition: Nantucket Sewer Act Amendment)(Home Rule Petition: Nantucket Sewer Act Amendment) To see if the Town will vote to petition the General Court for enactment of a special act for the Town of Nantucket, and to request the Town's representatives in the General Court to introduce legislation seeking a special act set forth below, and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: An Act Amending the Authority of the Town of Nantucket Sewer Commission Section 1. Chapter 396 of the Acts of 2008 ("An Act authorizing the establishment of the Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket") is hereby amended by adding the following new section 1A, stating as follows: Section 1A: the Nantucket Sewer Commission described in section 3 of this Act shall be authorized to require that use of and connection to the common sewers, treatment plants, collection systems and other works be mandatory and compulsory upon some portion or all of the owners and occupants of all estates and buildings embraced within the sewer districts established in accordance with this Act at such times as may be determined by said Sewer Commission. Section 2. This Act shall take effect upon passage. Or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEFINANCE COMMITTEFINANCE COMMITTEFINANCE COMMITTEE MOTION:E MOTION:E MOTION:E MOTION: Moved that the Town’s representatives to the General Moved that the Town’s representatives to the General Moved that the Town’s representatives to the General Moved that the Town’s representatives to the General Court are hereby requested toCourt are hereby requested toCourt are hereby requested toCourt are hereby requested to introduce legislation seeking a special act set forth below, and introduce legislation seeking a special act set forth below, and introduce legislation seeking a special act set forth below, and introduce legislation seeking a special act set forth below, and to authorize the General Court, with the approval of the Board of Selectmen, to make to authorize the General Court, with the approval of the Board of Selectmen, to make to authorize the General Court, with the approval of the Board of Selectmen, to make to authorize the General Court, with the approval of the Board of Selectmen, to make constructiveconstructiveconstructiveconstructive changes in perfecting the language of this proposed legislation in order to secure changes in perfecting the language of this proposed legislation in order to secure changes in perfecting the language of this proposed legislation in order to secure changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows:passage, such legislation to read substantially as follows:passage, such legislation to read substantially as follows:passage, such legislation to read substantially as follows: An Act Amending the Authority ofAn Act Amending the Authority ofAn Act Amending the Authority ofAn Act Amending the Authority of the Town of Nantucket Sewer Commissionthe Town of Nantucket Sewer Commissionthe Town of Nantucket Sewer Commissionthe Town of Nantucket Sewer Commission Section 1. Chapter 396 of the Acts oSection 1. Chapter 396 of the Acts oSection 1. Chapter 396 of the Acts oSection 1. Chapter 396 of the Acts of 2008 ("An Act authorizing the establishment of the f 2008 ("An Act authorizing the establishment of the f 2008 ("An Act authorizing the establishment of the f 2008 ("An Act authorizing the establishment of the Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket") is hereby Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket") is hereby Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket") is hereby Nantucket Sewer Commission and Sewer Districts in the Town of Nantucket") is hereby amended by adamended by adamended by adamended by adding the following new section 1ding the following new section 1ding the following new section 1ding the following new section 1A, stating as follows:A, stating as follows:A, stating as follows:A, stating as follows: Section 1A:Section 1A:Section 1A:Section 1A: the Nantucket Sewer Commission descr the Nantucket Sewer Commission descr the Nantucket Sewer Commission descr the Nantucket Sewer Commission described in section 3 of this Act shall be ibed in section 3 of this Act shall be ibed in section 3 of this Act shall be ibed in section 3 of this Act shall be authorized toauthorized toauthorized toauthorized to require that require that require that require that use of and connection to the common sewers,use of and connection to the common sewers,use of and connection to the common sewers,use of and connection to the common sewers, treatment plants, treatment plants, treatment plants, treatment plants, collection systems and other works be mandatory and compulsory upon some portion or all of collection systems and other works be mandatory and compulsory upon some portion or all of collection systems and other works be mandatory and compulsory upon some portion or all of collection systems and other works be mandatory and compulsory upon some portion or all of the owners and occupants of all estathe owners and occupants of all estathe owners and occupants of all estathe owners and occupants of all estates and buildings embraced within the sewer tes and buildings embraced within the sewer tes and buildings embraced within the sewer tes and buildings embraced within the sewer Page 105 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions districtsdistrictsdistrictsdistricts established inestablished inestablished inestablished in accordance with this Actaccordance with this Actaccordance with this Actaccordance with this Act at such times as may be determined by said at such times as may be determined by said at such times as may be determined by said at such times as may be determined by said Sewer Commission.Sewer Commission.Sewer Commission.Sewer Commission. Section 2. This Act shall take effect upon passage.Section 2. This Act shall take effect upon passage.Section 2. This Act shall take effect upon passage.Section 2. This Act shall take effect upon passage. BOARD OF SELECTMEN COMMENT: The Board of SeleBOARD OF SELECTMEN COMMENT: The Board of SeleBOARD OF SELECTMEN COMMENT: The Board of SeleBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance ctmen supports the Finance ctmen supports the Finance ctmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 70 70 70 70 (Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket)(Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket)(Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket)(Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act set forth below and to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT ESTABLISHING A SEPARATE CEMETERY COMMISSION FOR THE TOWN OF NANTUCKET SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the following meanings: The Board of Cemetery Commissioners of the Town of Nantucket shall consist of five persons appointed by the Board of Selectmen. Two Commissioners shall be appointed for three years, one Commissioner shall be appointed for two years and two Commissioners shall be appointed for one year. Thereafter, the terms shall be appointed for three years. The Cemetery Commission shall meet from time to time and no less than annually, and organize by the choice of its members a Chairman, a Vice Chairman and a Secretary. It shall be the duty of the Secretary to keep a record of the doings, receipts and expenditures of the Cemetery Commission and render a specific report to be filed with the Town Clerk and the Board of Selectmen on or about July 15, to be printed in the Annual Town Report. SECTION 2. Duties of the Cemetery Commission. A. The Cemetery Commission shall have full charge of all of the public cemeteries of the Town, to lay out the same into lots, to execute and deliver deeds therefore, and to erect all necessary signs, fences, buildings and other structures in or about the same, at an expense not to exceed, in any case, the amount of the funds at its disposal. B. The Cemetery Commission shall direct the expenditures of all general cemetery funds in the cemetery account and of all specific appropriations, unless otherwise ordered by the Town, and the income of all trust funds held by the Town for cemetery purposes, conforming to the directions of the depositor. C. The Cemetery Commission shall keep a complete record of all sales of lots in the public cemeteries of the Town and the deeds thereof, together with the names of the deceased and the location of the graves. True copies of all such deeds, names, and grave locations shall be on file with the Town Clerk. Page 106 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions SECTION 3. Authority to make rules and regulations. The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby authorized and empowered to make changes to cemetery rules and regulations not contrary to law with regard to the use of the Town cemeteries, and said rules and regulations shall be on file with the Town Clerk. SECTION 4. This act, being necessary for the welfare of the town and county of Nantucket and its inhabitants, shall be liberally construed to effect its purposes. SECTION 5. This act shall become effective on the date passed by the Legislature, or approved by the Governor. (Catherine Flanagan Stover, Cemetery Commission Workgroup Chair, et al) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Moved that the Town’s representatives to the General Moved that the Town’s representatives to the General Moved that the Town’s representatives to the General Court areCourt areCourt areCourt are hereby requested to hereby requested to hereby requested to hereby requested to introduce legislation seeking a special act set forth below, and introduce legislation seeking a special act set forth below, and introduce legislation seeking a special act set forth below, and introduce legislation seeking a special act set forth below, and to authorize the General Court, with the approval of the Board of Selectmen, to make to authorize the General Court, with the approval of the Board of Selectmen, to make to authorize the General Court, with the approval of the Board of Selectmen, to make to authorize the General Court, with the approval of the Board of Selectmen, to make constructive changes in perfecting the language of this proposed legislation in orderconstructive changes in perfecting the language of this proposed legislation in orderconstructive changes in perfecting the language of this proposed legislation in orderconstructive changes in perfecting the language of this proposed legislation in order to secure to secure to secure to secure passage, such legislation to read substantially as follows:passage, such legislation to read substantially as follows:passage, such legislation to read substantially as follows:passage, such legislation to read substantially as follows: AN ACT ESTABLISHING A SEPARATE CEMETERY COMMISSION FOR THE TOWN OF AN ACT ESTABLISHING A SEPARATE CEMETERY COMMISSION FOR THE TOWN OF AN ACT ESTABLISHING A SEPARATE CEMETERY COMMISSION FOR THE TOWN OF AN ACT ESTABLISHING A SEPARATE CEMETERY COMMISSION FOR THE TOWN OF NANTUCKET NANTUCKET NANTUCKET NANTUCKET SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall SECTION 1. For the purposes of this act, the words and phrases set forth in this section shall have the have the have the have the following meanings: following meanings: following meanings: following meanings: The Board of Cemetery Commissioners of the Town of Nantucket shall consist of five persons The Board of Cemetery Commissioners of the Town of Nantucket shall consist of five persons The Board of Cemetery Commissioners of the Town of Nantucket shall consist of five persons The Board of Cemetery Commissioners of the Town of Nantucket shall consist of five persons appointed by the Board of Selectmen. Two Commissioners shall be appointed for three years, appointed by the Board of Selectmen. Two Commissioners shall be appointed for three years, appointed by the Board of Selectmen. Two Commissioners shall be appointed for three years, appointed by the Board of Selectmen. Two Commissioners shall be appointed for three years, one Commissioner shall be appointed for two years anone Commissioner shall be appointed for two years anone Commissioner shall be appointed for two years anone Commissioner shall be appointed for two years and two Commissioners shall be d two Commissioners shall be d two Commissioners shall be d two Commissioners shall be appointed for one year. Thereafter, the terms shall be appointed for three years. appointed for one year. Thereafter, the terms shall be appointed for three years. appointed for one year. Thereafter, the terms shall be appointed for three years. appointed for one year. Thereafter, the terms shall be appointed for three years. The Cemetery Commission shall meet from time to time and no less than annually, and The Cemetery Commission shall meet from time to time and no less than annually, and The Cemetery Commission shall meet from time to time and no less than annually, and The Cemetery Commission shall meet from time to time and no less than annually, and organize by the choice of its members a Chairman, a Vice Chorganize by the choice of its members a Chairman, a Vice Chorganize by the choice of its members a Chairman, a Vice Chorganize by the choice of its members a Chairman, a Vice Chairman and a Secretary. It shall airman and a Secretary. It shall airman and a Secretary. It shall airman and a Secretary. It shall be the duty of the Secretary to keep a record of the doings, receipts and expenditures of the be the duty of the Secretary to keep a record of the doings, receipts and expenditures of the be the duty of the Secretary to keep a record of the doings, receipts and expenditures of the be the duty of the Secretary to keep a record of the doings, receipts and expenditures of the Cemetery Commission and render a specific report to be filed with the Town Clerk and the Cemetery Commission and render a specific report to be filed with the Town Clerk and the Cemetery Commission and render a specific report to be filed with the Town Clerk and the Cemetery Commission and render a specific report to be filed with the Town Clerk and the Board of Selectmen on or about July 15,Board of Selectmen on or about July 15,Board of Selectmen on or about July 15,Board of Selectmen on or about July 15, to be printed in the Annual Town Report. to be printed in the Annual Town Report. to be printed in the Annual Town Report. to be printed in the Annual Town Report. SECTION 2. Duties of the Cemetery Commission.SECTION 2. Duties of the Cemetery Commission.SECTION 2. Duties of the Cemetery Commission.SECTION 2. Duties of the Cemetery Commission. A.A.A.A. The Cemetery Commission shall have full charge of all of the public cemeteries of the The Cemetery Commission shall have full charge of all of the public cemeteries of the The Cemetery Commission shall have full charge of all of the public cemeteries of the The Cemetery Commission shall have full charge of all of the public cemeteries of the Town, to lay out the same into lots, to execute and deliver deeds thereforeTown, to lay out the same into lots, to execute and deliver deeds thereforeTown, to lay out the same into lots, to execute and deliver deeds thereforeTown, to lay out the same into lots, to execute and deliver deeds therefore, and to erect , and to erect , and to erect , and to erect all necessary signs, fences, buildings and other structures in or about the same, at an all necessary signs, fences, buildings and other structures in or about the same, at an all necessary signs, fences, buildings and other structures in or about the same, at an all necessary signs, fences, buildings and other structures in or about the same, at an expense not to exceed, in any case, the amount of the funds at its disposal. expense not to exceed, in any case, the amount of the funds at its disposal. expense not to exceed, in any case, the amount of the funds at its disposal. expense not to exceed, in any case, the amount of the funds at its disposal. B.B.B.B. The Cemetery Commission shall direct the expenditures of all general cemThe Cemetery Commission shall direct the expenditures of all general cemThe Cemetery Commission shall direct the expenditures of all general cemThe Cemetery Commission shall direct the expenditures of all general cemetery funds in etery funds in etery funds in etery funds in the cemetery account and of all specific appropriations, unless otherwise ordered by the the cemetery account and of all specific appropriations, unless otherwise ordered by the the cemetery account and of all specific appropriations, unless otherwise ordered by the the cemetery account and of all specific appropriations, unless otherwise ordered by the Town, and the income of all trust funds held by the Town for cemetery purposes, Town, and the income of all trust funds held by the Town for cemetery purposes, Town, and the income of all trust funds held by the Town for cemetery purposes, Town, and the income of all trust funds held by the Town for cemetery purposes, conforming to the directions of the depositor.conforming to the directions of the depositor.conforming to the directions of the depositor.conforming to the directions of the depositor. Page 107 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions C.C.C.C. The Cemetery CommissioThe Cemetery CommissioThe Cemetery CommissioThe Cemetery Commission shall keep a complete record of all sales of lots in the public n shall keep a complete record of all sales of lots in the public n shall keep a complete record of all sales of lots in the public n shall keep a complete record of all sales of lots in the public cemeteries of the Town and the deeds thereof, together with the names of the deceased cemeteries of the Town and the deeds thereof, together with the names of the deceased cemeteries of the Town and the deeds thereof, together with the names of the deceased cemeteries of the Town and the deeds thereof, together with the names of the deceased and the location of the graves. True copies of all such deeds, names, and grave and the location of the graves. True copies of all such deeds, names, and grave and the location of the graves. True copies of all such deeds, names, and grave and the location of the graves. True copies of all such deeds, names, and grave locations shall be on flocations shall be on flocations shall be on flocations shall be on file with the Town Clerk. ile with the Town Clerk. ile with the Town Clerk. ile with the Town Clerk. SECTION 3. Authority to make rules and regulations.SECTION 3. Authority to make rules and regulations.SECTION 3. Authority to make rules and regulations.SECTION 3. Authority to make rules and regulations. The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby authorized and empowered to make changes to cemetery rules and regulations not contrary toauthorized and empowered to make changes to cemetery rules and regulations not contrary toauthorized and empowered to make changes to cemetery rules and regulations not contrary toauthorized and empowered to make changes to cemetery rules and regulations not contrary to law with regard to the use of the Town cemeteries, and said rules and regulations shall be on law with regard to the use of the Town cemeteries, and said rules and regulations shall be on law with regard to the use of the Town cemeteries, and said rules and regulations shall be on law with regard to the use of the Town cemeteries, and said rules and regulations shall be on file with the Town Clerk. file with the Town Clerk. file with the Town Clerk. file with the Town Clerk. SECTION 4. This act, being necessary for the welfare of the town and county of Nantucket SECTION 4. This act, being necessary for the welfare of the town and county of Nantucket SECTION 4. This act, being necessary for the welfare of the town and county of Nantucket SECTION 4. This act, being necessary for the welfare of the town and county of Nantucket and its inhabitants, shall be liberally conand its inhabitants, shall be liberally conand its inhabitants, shall be liberally conand its inhabitants, shall be liberally construed to effect its purposes.strued to effect its purposes.strued to effect its purposes.strued to effect its purposes. SECTION 5. This act shall become effective on the date passed by the Legislature, or SECTION 5. This act shall become effective on the date passed by the Legislature, or SECTION 5. This act shall become effective on the date passed by the Legislature, or SECTION 5. This act shall become effective on the date passed by the Legislature, or approved by the Governor. approved by the Governor. approved by the Governor. approved by the Governor. 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 71ARTICLE 71ARTICLE 71ARTICLE 71 (Acce(Acce(Acce(Acceptance of Massachusetts Geneptance of Massachusetts Geneptance of Massachusetts Geneptance of Massachusetts General Law: Other Postral Law: Other Postral Law: Other Postral Law: Other Post----employmentemploymentemploymentemployment Benefits Liability Trust Fund)Benefits Liability Trust Fund)Benefits Liability Trust Fund)Benefits Liability Trust Fund) To see if the Town will vote to accept G.L. Ch. 32B, s. 20 the provisions of which read substantially as follows: A city, town, district, county or municipal lighting plant that accepts this section, may establish a separate fund, to be known as an Other Post Employment Benefits Liability Trust Fund, and a funding schedule for the fund. The schedule and any future updates shall be designed, consistent with standards issued by the Governmental Accounting Standards Board, to reduce the unfunded actuarial liability of health care and other post-employment benefits to zero as of an actuarially acceptable period of years and to meet the normal cost of all such future benefits for which the governmental unit is obligated. The schedule and any future updates shall be: (i) developed by an actuary retained by a municipal lighting plant or any other governmental unit and triennially reviewed by the board for a municipal lighting plant or by the chief executive officer of a governmental unit; and (ii) reviewed and approved by the actuary in the public employee retirement administration commission. The board of a municipal lighting plant or the legislative body of any other governmental unit may appropriate amounts recommended by the schedule to be credited to the fund. Any interest or other income generated by the fund shall be added to and become part of the fund. Amounts that a governmental unit receives as a sponsor of a qualified retiree prescription drug plan under 42 U.S.C. 1395w-132 may be added to and become part of the fund. Page 108 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions The custodian of the fund shall be: (i) a designee appointed by the board of a municipal lighting plant; or (ii) the treasurer of any other governmental unit. Funds shall be invested and reinvested by the custodian consistent with the prudent investor rule set forth in chapter 203C. This section may be accepted in a city having a Plan D or Plan E charter by vote of the city council; in any other city by vote of the city council and approval of the mayor; in a town by vote of the town at a town meeting; in a district by vote of the governing board; in a municipal lighting plant by vote of the board; and in a county by vote of the county commissioners. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the provisions of G.L. ch. 32B, s. 20 are hereby Moved that the provisions of G.L. ch. 32B, s. 20 are hereby Moved that the provisions of G.L. ch. 32B, s. 20 are hereby Moved that the provisions of G.L. ch. 32B, s. 20 are hereby accepted.accepted.accepted.accepted. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 72 72 72 72 (Real Estate Acquisition: Pine Stree(Real Estate Acquisition: Pine Stree(Real Estate Acquisition: Pine Stree(Real Estate Acquisition: Pine Street, Siasconset)t, Siasconset)t, Siasconset)t, Siasconset) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portions of Pine Street in Siasconset, located between the southeasterly sideline of Low Beach Road and the northwesterly sideline of Town-owned property known as Town Assessor Map 74, Parcel 73, together with any public and private rights of passage, for public ways and/or general municipal purposes; to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and 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 Moved that the Moved that the Moved that the Board of Selectmen Board of Selectmen Board of Selectmen Board of Selectmen is authorized is authorized is authorized is authorized totototo acquire acquire acquire acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portions of Pine by purchase, gift or eminent domain the fee or lesser interests in all or any portions of Pine by purchase, gift or eminent domain the fee or lesser interests in all or any portions of Pine by purchase, gift or eminent domain the fee or lesser interests in all or any portions of Pine Street in Siasconset, located between the southeasterly sideline of Low Beach Road and the Street in Siasconset, located between the southeasterly sideline of Low Beach Road and the Street in Siasconset, located between the southeasterly sideline of Low Beach Road and the Street in Siasconset, located between the southeasterly sideline of Low Beach Road and the northwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Townnorthwesterly sideline of Town----owned property known as Town Aowned property known as Town Aowned property known as Town Aowned property known as Town Assessor Map 74, Parcel 73, ssessor Map 74, Parcel 73, ssessor Map 74, Parcel 73, ssessor Map 74, Parcel 73, together with any public and private rights of passage, for public ways and/or general municipal together with any public and private rights of passage, for public ways and/or general municipal together with any public and private rights of passage, for public ways and/or general municipal together with any public and private rights of passage, for public ways and/or general municipal purposespurposespurposespurposes.... BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 73 73 73 73 (Real Estate Disp(Real Estate Disp(Real Estate Disp(Real Estate Disposition: Pine Street, Siasconset)osition: Pine Street, Siasconset)osition: Pine Street, Siasconset)osition: Pine Street, Siasconset) To see if the Town will vote to authorize the Board of Selectmen to convey sell or otherwise dispose of the fee or lesser interests in all or any portions of land formerly known as Pine Street in Siasconset, located between the southeasterly sideline of Low Beach Road and the northwesterly sideline of Town-owned property known as Town Assessor Map 74, Parcel Page 109 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions 73, subject to Massachusetts General Law c. 30B and guidelines established under the “Nantucket Yard Sales” program; and 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 Board of Selectmen the Board of Selectmen the Board of Selectmen the Board of Selectmen is authorized is authorized is authorized is authorized to convey to convey to convey to convey sell or otherwise dispose of the fee or lesser interests in all or any portions of land formerly sell or otherwise dispose of the fee or lesser interests in all or any portions of land formerly sell or otherwise dispose of the fee or lesser interests in all or any portions of land formerly sell or otherwise dispose of the fee or lesser interests in all or any portions of land formerly knowknowknowknown as Pine Street in Siasconset, located between the southeasterly sideline of Low Beach n as Pine Street in Siasconset, located between the southeasterly sideline of Low Beach n as Pine Street in Siasconset, located between the southeasterly sideline of Low Beach n as Pine Street in Siasconset, located between the southeasterly sideline of Low Beach Road and the northwesterly sideline of TownRoad and the northwesterly sideline of TownRoad and the northwesterly sideline of TownRoad and the northwesterly sideline of Town----owned property known as Town Assessor Map owned property known as Town Assessor Map owned property known as Town Assessor Map owned property known as Town Assessor Map 74, Parcel 73, subject to Massachusetts General Law c. 30B and guidelines establis74, Parcel 73, subject to Massachusetts General Law c. 30B and guidelines establis74, Parcel 73, subject to Massachusetts General Law c. 30B and guidelines establis74, Parcel 73, subject to Massachusetts General Law c. 30B and guidelines established under hed under hed under hed under the “Nantucket Yard Sales” programthe “Nantucket Yard Sales” programthe “Nantucket Yard Sales” programthe “Nantucket Yard Sales” program.... BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 74 74 74 74 (Real Estate Acquisition: Connections to Siasconset Bluffwalk)(Real Estate Acquisition: Connections to Siasconset Bluffwalk)(Real Estate Acquisition: Connections to Siasconset Bluffwalk)(Real Estate Acquisition: Connections to Siasconset Bluffwalk) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portions of those certain rights of way identified below, together with any public and private rights of passage, for public ways and/or general municipal purposes: (I) Six ways in Siasconset located between the easterly sideline of Baxter Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9 as follows: • Rosaly Lane; • Callender Lane; • Frazer Lane; • Ballantine Lane; • Wilson Lane; and • Anne’s Lane (sometimes also known as Ann’s Lane); and (II) Three unnamed ways in Siasconset located between the easterly sideline of Baxter Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9 as follows: • Unnamed way located on and between the property at 73 Baxter Road known as Town Assessor Map 49, Parcel 27 and the property at 71 Baxter Road known as Town Assessor Map 49, Parcel 26.1; • Unnamed way located on and between the property at 67 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 23; • Unnamed way located on and between the property at 63 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 21; and Page 110 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions (III) Nosegay Lane between the westerly sideline of Sankaty Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9; and (IV) One unnamed way in Siasconset located between the easterly sideline of Baxter Road and the easterly sideline of a footpath known as Siasconset “Bluffwalk” located on and/or between the property at 55 Baxter Road known as Town Assessor Map 49, Parcel 18 and the property at 53 Baxter Road known as Town Assessor Map 49, Parcel 17; to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and to take any other actions related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen Moved that the Board of Selectmen Moved that the Board of Selectmen Moved that the Board of Selectmen isisisis authorized to acquire authorized to acquire authorized to acquire authorized to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portions of those by purchase, gift or eminent domain the fee or lesser interests in all or any portions of those by purchase, gift or eminent domain the fee or lesser interests in all or any portions of those by purchase, gift or eminent domain the fee or lesser interests in all or any portions of those certain rights of way identified below, together with any pubcertain rights of way identified below, together with any pubcertain rights of way identified below, together with any pubcertain rights of way identified below, together with any public and private rights of passage, for lic and private rights of passage, for lic and private rights of passage, for lic and private rights of passage, for public ways and/or general municipal purposes:public ways and/or general municipal purposes:public ways and/or general municipal purposes:public ways and/or general municipal purposes: (I) Five ways in Siasconset located between the easterly sideline of Baxter Road and the (I) Five ways in Siasconset located between the easterly sideline of Baxter Road and the (I) Five ways in Siasconset located between the easterly sideline of Baxter Road and the (I) Five ways in Siasconset located between the easterly sideline of Baxter Road and the westerly sideline of Townwesterly sideline of Townwesterly sideline of Townwesterly sideline of Town----owned property known as Town Assessor Map 49, Parcel 9owned property known as Town Assessor Map 49, Parcel 9owned property known as Town Assessor Map 49, Parcel 9owned property known as Town Assessor Map 49, Parcel 9 as as as as follows:follows:follows:follows: •••• Rosaly Lane;Rosaly Lane;Rosaly Lane;Rosaly Lane; •••• Frazer Lane;Frazer Lane;Frazer Lane;Frazer Lane; •••• Ballantine Lane;Ballantine Lane;Ballantine Lane;Ballantine Lane; •••• Wilson Lane; andWilson Lane; andWilson Lane; andWilson Lane; and •••• Anne’s Lane (sometimes also known as Ann’s Lane); and Anne’s Lane (sometimes also known as Ann’s Lane); and Anne’s Lane (sometimes also known as Ann’s Lane); and Anne’s Lane (sometimes also known as Ann’s Lane); and (II) Three unnamed ways in Siasconset located between the easterly sideline of Bax(II) Three unnamed ways in Siasconset located between the easterly sideline of Bax(II) Three unnamed ways in Siasconset located between the easterly sideline of Bax(II) Three unnamed ways in Siasconset located between the easterly sideline of Baxter Road ter Road ter Road ter Road and the westerly sideline of Townand the westerly sideline of Townand the westerly sideline of Townand the westerly sideline of Town----owned property known as Town Assessor Map 49, Parcel 9 owned property known as Town Assessor Map 49, Parcel 9 owned property known as Town Assessor Map 49, Parcel 9 owned property known as Town Assessor Map 49, Parcel 9 as follows:as follows:as follows:as follows: •••• Unnamed way located on and between the property at 73 Baxter Road known as Town Unnamed way located on and between the property at 73 Baxter Road known as Town Unnamed way located on and between the property at 73 Baxter Road known as Town Unnamed way located on and between the property at 73 Baxter Road known as Town Assessor Map 49, Parcel 27 and the property at 71 Baxter Assessor Map 49, Parcel 27 and the property at 71 Baxter Assessor Map 49, Parcel 27 and the property at 71 Baxter Assessor Map 49, Parcel 27 and the property at 71 Baxter Road known as Town Road known as Town Road known as Town Road known as Town Assessor Map 49, Parcel 26.1;Assessor Map 49, Parcel 26.1;Assessor Map 49, Parcel 26.1;Assessor Map 49, Parcel 26.1; •••• Unnamed way located on and between the property at 67 Baxter Road known as Town Unnamed way located on and between the property at 67 Baxter Road known as Town Unnamed way located on and between the property at 67 Baxter Road known as Town Unnamed way located on and between the property at 67 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 23;Assessor Map 49, Parcel 23;Assessor Map 49, Parcel 23;Assessor Map 49, Parcel 23; •••• UnnamUnnamUnnamUnnamed way located on and between the property at 63 Baxter Road known as Town ed way located on and between the property at 63 Baxter Road known as Town ed way located on and between the property at 63 Baxter Road known as Town ed way located on and between the property at 63 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 21; andAssessor Map 49, Parcel 21; andAssessor Map 49, Parcel 21; andAssessor Map 49, Parcel 21; and (III) Nosegay Lane between the westerly sideline of Sankaty Road and the(III) Nosegay Lane between the westerly sideline of Sankaty Road and the(III) Nosegay Lane between the westerly sideline of Sankaty Road and the(III) Nosegay Lane between the westerly sideline of Sankaty Road and the westerly sideline of westerly sideline of westerly sideline of westerly sideline of TownTownTownTown----owned property known as Town Assessor Map 49, Parcel 9.owned property known as Town Assessor Map 49, Parcel 9.owned property known as Town Assessor Map 49, Parcel 9.owned property known as Town Assessor Map 49, Parcel 9. BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT:BOARD OF SELECTMEN COMMENT: The Board of Selectmen The Board of Selectmen The Board of Selectmen The Board of Selectmen supports supports supports supports the Finance the Finance the Finance the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. The Board The Board The Board The Board of Selectmen of Selectmen of Selectmen of Selectmen has taken action to create a committeehas taken action to create a committeehas taken action to create a committeehas taken action to create a committee to ma to ma to ma to make ke ke ke recommendatrecommendatrecommendatrecommendations to the Board ions to the Board ions to the Board ions to the Board regarding the management of these ways.regarding the management of these ways.regarding the management of these ways.regarding the management of these ways. Page 111 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLEARTICLEARTICLEARTICLE 75 75 75 75 (Real Estate Conveyances: Siasconset Bluffwalk)(Real Estate Conveyances: Siasconset Bluffwalk)(Real Estate Conveyances: Siasconset Bluffwalk)(Real Estate Conveyances: Siasconset Bluffwalk) To see if the Town will vote to authorize the Board of Selectmen to convey sell or otherwise dispose of the fee or lesser interests in all or any portions of land described below, subject to Massachusetts General Law, c. 30B and guidelines established under the “Nantucket Yard Sales” program: (I) Six ways in Siasconset located easterly of the easterly sideline of Baxter Road to the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9 as follows: • Rosaly Lane; • Callender Lane; • Frazer Lane; • Ballantine Lane; • Wilson Lane; and • Anne’s Lane (sometimes known as Ann’s Lane); and (II) Three unnamed ways in Siasconset located between the easterly sideline of Baxter Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9 as follows: • Unnamed way located on and between the property at 73 Baxter Road known as Town Assessor Map 49, Parcel 27 and the property at 71 Baxter Road known as Town Assessor Map 49, Parcel 26.1; • Unnamed way located on and between the property at 67 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 23; • Unnamed way located on and between the property at 63 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 21; and (III) Nosegay Lane between the westerly sideline of Sankaty Road and the westerly sideline of Town-owned property known as Town Assessor Map 49, Parcel 9; and (IV) One unnamed way in Siasconset located between the easterly sideline of Baxter Road and the easterly sideline of a footpath known as Siasconset “Bluffwalk” located on and/or between the property at 55 Baxter Road known as Town Assessor Map 49, Parcel 18 and the property at 53 Baxter Road known as Town Assessor Map 49, Parcel 17; and to take any other actions related thereto. (Board of Selectmen) FINAFINAFINAFINANCE COMMITTEE MOTION:NCE COMMITTEE MOTION:NCE COMMITTEE MOTION:NCE COMMITTEE MOTION: Moved that the Board of Selectmen Moved that the Board of Selectmen Moved that the Board of Selectmen Moved that the Board of Selectmen isisisis authorized to convey authorized to convey authorized to convey authorized to convey sell or otherwise dispose of the fee or lesser interests in all or any portions of land described sell or otherwise dispose of the fee or lesser interests in all or any portions of land described sell or otherwise dispose of the fee or lesser interests in all or any portions of land described sell or otherwise dispose of the fee or lesser interests in all or any portions of land described below, subject to Massachusetts General Law, c. 30B and guidelines establishebelow, subject to Massachusetts General Law, c. 30B and guidelines establishebelow, subject to Massachusetts General Law, c. 30B and guidelines establishebelow, subject to Massachusetts General Law, c. 30B and guidelines established under the d under the d under the d under the “Nantucket Yard Sales” program:“Nantucket Yard Sales” program:“Nantucket Yard Sales” program:“Nantucket Yard Sales” program: Page 112 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions (I) Five ways in Siasconset located easterly of the easterly sideline of Baxter Road to the (I) Five ways in Siasconset located easterly of the easterly sideline of Baxter Road to the (I) Five ways in Siasconset located easterly of the easterly sideline of Baxter Road to the (I) Five ways in Siasconset located easterly of the easterly sideline of Baxter Road to the westerly sideline of Townwesterly sideline of Townwesterly sideline of Townwesterly sideline of Town----owned property known as Town Assessor Map 49, Parcel 9 as owned property known as Town Assessor Map 49, Parcel 9 as owned property known as Town Assessor Map 49, Parcel 9 as owned property known as Town Assessor Map 49, Parcel 9 as follows:follows:follows:follows: •••• Rosaly Lane;Rosaly Lane;Rosaly Lane;Rosaly Lane; •••• Frazer Lane;Frazer Lane;Frazer Lane;Frazer Lane; •••• Ballantine Lane;Ballantine Lane;Ballantine Lane;Ballantine Lane; •••• Wilson Lane; andWilson Lane; andWilson Lane; andWilson Lane; and •••• Anne’s Lane (sometimes known as Ann’s Lane); and Anne’s Lane (sometimes known as Ann’s Lane); and Anne’s Lane (sometimes known as Ann’s Lane); and Anne’s Lane (sometimes known as Ann’s Lane); and (II) Three unnamed ways in Siasconset located between the easterly sideline of Baxter Road (II) Three unnamed ways in Siasconset located between the easterly sideline of Baxter Road (II) Three unnamed ways in Siasconset located between the easterly sideline of Baxter Road (II) Three unnamed ways in Siasconset located between the easterly sideline of Baxter Road and the wand the wand the wand the westerly sideline of Townesterly sideline of Townesterly sideline of Townesterly sideline of Town----owned property known as Town Assessor Map 49, Parcel 9 owned property known as Town Assessor Map 49, Parcel 9 owned property known as Town Assessor Map 49, Parcel 9 owned property known as Town Assessor Map 49, Parcel 9 as follows:as follows:as follows:as follows: •••• Unnamed way located on and between the property at 73 Baxter Road known as Town Unnamed way located on and between the property at 73 Baxter Road known as Town Unnamed way located on and between the property at 73 Baxter Road known as Town Unnamed way located on and between the property at 73 Baxter Road known as Town Assessor Map 49, Parcel 27 and the property at 71 Baxter Road known as TownAssessor Map 49, Parcel 27 and the property at 71 Baxter Road known as TownAssessor Map 49, Parcel 27 and the property at 71 Baxter Road known as TownAssessor Map 49, Parcel 27 and the property at 71 Baxter Road known as Town Assessor Map 49, Parcel 26.1;Assessor Map 49, Parcel 26.1;Assessor Map 49, Parcel 26.1;Assessor Map 49, Parcel 26.1; •••• Unnamed way located on and between the property at 67 Baxter Road known as Town Unnamed way located on and between the property at 67 Baxter Road known as Town Unnamed way located on and between the property at 67 Baxter Road known as Town Unnamed way located on and between the property at 67 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 24 and the property at 65 Baxter Road known as Town Assessor Map 49, Parcel 23;Assessor Map 49, Parcel 23;Assessor Map 49, Parcel 23;Assessor Map 49, Parcel 23; •••• Unnamed way located on Unnamed way located on Unnamed way located on Unnamed way located on and between the property at 63 Baxter Road known as Town and between the property at 63 Baxter Road known as Town and between the property at 63 Baxter Road known as Town and between the property at 63 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 22 and the property at 61 Baxter Road known as Town Assessor Map 49, Parcel 21; andAssessor Map 49, Parcel 21; andAssessor Map 49, Parcel 21; andAssessor Map 49, Parcel 21; and (III) Nosegay Lane between the westerly sideline of Sankaty Road and the westerly sideline(III) Nosegay Lane between the westerly sideline of Sankaty Road and the westerly sideline(III) Nosegay Lane between the westerly sideline of Sankaty Road and the westerly sideline(III) Nosegay Lane between the westerly sideline of Sankaty Road and the westerly sideline of of of of TownTownTownTown----owned property known as Town Assessor Map 49, Parcel 9.owned property known as Town Assessor Map 49, Parcel 9.owned property known as Town Assessor Map 49, Parcel 9.owned property known as Town Assessor Map 49, Parcel 9. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 76ARTICLE 76ARTICLE 76ARTICLE 76 (Real Estate Acquisition: (Real Estate Acquisition: (Real Estate Acquisition: (Real Estate Acquisition: “Paper” Streets in Surfside) “Paper” Streets in Surfside) “Paper” Streets in Surfside) “Paper” Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portions of twenty (20) unconstructed rights of way in the Surfside area of Nantucket known as Surfside South and identified below, together with any public and private rights of passage, for public ways and/or general municipal purposes: • Waverly, Mount Vernon, Harriet (formerly known as Prospect) and Hawthorne Streets between the northerly sideline of Nobadeer Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Weweeder, Pochick and Pocomo Avenues and Boulevarde); • Central Street between the northerly sideline of Boulevarde and the southerly sideline of Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); • Clifford Street between the northerly sideline of Pochick Avenue to the southerly sideline of Pocomo Avenue; Page 113 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions • Irving Street between the northerly sideline of Pochick Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); • Myles Standish (formerly known as Shimmo) and Plum Streets between the northerly sideline of Weweeder Avenue and the southerly sideline of Pochick Avenue; • Masquetuck Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Pochick Avenue (excluding any portion of Nobadeer and Weweeder Avenues); • Holly Street between the northerly sideline of Weweeder Avenue and a line 200 feet south and parallel to the southerly sideline of Pochick Avenue; • Woodbine Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue); • Poplar Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Nobadeer Avenue; • Laurel Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nonantum and Nobadeer Avenues and between the northerly sideline of Masaquet Street and the southerly sideline of Mequash Avenue; • School Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue) and between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash Avenue (excluding any portion of Masaquet Avenue); • Copeland Street between the northerly sideline of Masaquet Street and the southerly sideline of Mequash Avenue; • Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Dunham Street (excluding any portions of Naushon Way (formerly known as Cherry Street) Plum Street, Holly Street, Pequot Street (formerly known as Orange Street), Uncatena Street (formerly known as Wannacomet Street), and Myles Standish Street (formerly known as Shimmo Street); • Mequash Avenue: Between the easterly sideline of Copeland Street and the westerly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Naushon Way (formerly known as Cherry Street); • Pocomo Avenue between the easterly sideline of Assessor Map 79, Parcel 27 to the easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to the easterly sideline of Adams Street; • Adams Street between the northern sideline of Weweeder Avenue and the southerly sideline of Pocomo Avenue (excluding any portion of Pochick Avenue); to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and to take any other actions related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved Moved Moved Moved that the Board of Selectmen is that the Board of Selectmen is that the Board of Selectmen is that the Board of Selectmen is authoriauthoriauthoriauthorized tozed tozed tozed to acquire acquire acquire acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portions of twenty by purchase, gift or eminent domain the fee or lesser interests in all or any portions of twenty by purchase, gift or eminent domain the fee or lesser interests in all or any portions of twenty by purchase, gift or eminent domain the fee or lesser interests in all or any portions of twenty (20) unconstructed rights of way in the Surfside area of Nantucket known as Surfside South (20) unconstructed rights of way in the Surfside area of Nantucket known as Surfside South (20) unconstructed rights of way in the Surfside area of Nantucket known as Surfside South (20) unconstructed rights of way in the Surfside area of Nantucket known as Surfside South Page 114 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions and identified below, together with any public and prand identified below, together with any public and prand identified below, together with any public and prand identified below, together with any public and private rights of passage, for public ways ivate rights of passage, for public ways ivate rights of passage, for public ways ivate rights of passage, for public ways and/or general municipal purposes: and/or general municipal purposes: and/or general municipal purposes: and/or general municipal purposes: • Waverly, Mount Vernon, Harriet (formerly known as Prospect) and Hawthorne Streets Waverly, Mount Vernon, Harriet (formerly known as Prospect) and Hawthorne Streets Waverly, Mount Vernon, Harriet (formerly known as Prospect) and Hawthorne Streets Waverly, Mount Vernon, Harriet (formerly known as Prospect) and Hawthorne Streets between the northerly sideline of Nobadeer Avenue and the southerly sideline of between the northerly sideline of Nobadeer Avenue and the southerly sideline of between the northerly sideline of Nobadeer Avenue and the southerly sideline of between the northerly sideline of Nobadeer Avenue and the southerly sideline of Okorwaw Avenue (Okorwaw Avenue (Okorwaw Avenue (Okorwaw Avenue (excluding any portion of Weweeder, Pochick and Pocomo Avenues excluding any portion of Weweeder, Pochick and Pocomo Avenues excluding any portion of Weweeder, Pochick and Pocomo Avenues excluding any portion of Weweeder, Pochick and Pocomo Avenues and Boulevarde); and Boulevarde); and Boulevarde); and Boulevarde); • Central Street between the northerly sideline of Boulevarde and the southerly sideline of Central Street between the northerly sideline of Boulevarde and the southerly sideline of Central Street between the northerly sideline of Boulevarde and the southerly sideline of Central Street between the northerly sideline of Boulevarde and the southerly sideline of Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); • Clifford StreetClifford StreetClifford StreetClifford Street between the northerly sideline of Pochick Avenue to the southerly sideline between the northerly sideline of Pochick Avenue to the southerly sideline between the northerly sideline of Pochick Avenue to the southerly sideline between the northerly sideline of Pochick Avenue to the southerly sideline of Pocomo Avenue; of Pocomo Avenue; of Pocomo Avenue; of Pocomo Avenue; • Irving Street between the northerly sideline of Pochick Avenue and the southerly Irving Street between the northerly sideline of Pochick Avenue and the southerly Irving Street between the northerly sideline of Pochick Avenue and the southerly Irving Street between the northerly sideline of Pochick Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); • Myles StanMyles StanMyles StanMyles Standish (formerly known as Shimmo) and Plum Streets between the northerly dish (formerly known as Shimmo) and Plum Streets between the northerly dish (formerly known as Shimmo) and Plum Streets between the northerly dish (formerly known as Shimmo) and Plum Streets between the northerly sideline of Weweeder Avenue and the southerly sideline of Pochick Avenue; sideline of Weweeder Avenue and the southerly sideline of Pochick Avenue; sideline of Weweeder Avenue and the southerly sideline of Pochick Avenue; sideline of Weweeder Avenue and the southerly sideline of Pochick Avenue; • Masquetuck Street between the northerly sideline of Nonantum Avenue and the Masquetuck Street between the northerly sideline of Nonantum Avenue and the Masquetuck Street between the northerly sideline of Nonantum Avenue and the Masquetuck Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Pochick Avensoutherly sideline of Pochick Avensoutherly sideline of Pochick Avensoutherly sideline of Pochick Avenue (excluding any portion of Nobadeer and ue (excluding any portion of Nobadeer and ue (excluding any portion of Nobadeer and ue (excluding any portion of Nobadeer and Weweeder Avenues); Weweeder Avenues); Weweeder Avenues); Weweeder Avenues); • Holly Street between the northerly sideline of Weweeder Avenue and a line 200 feet Holly Street between the northerly sideline of Weweeder Avenue and a line 200 feet Holly Street between the northerly sideline of Weweeder Avenue and a line 200 feet Holly Street between the northerly sideline of Weweeder Avenue and a line 200 feet south and parallel to the southerly sideline of Pochick Avenue; south and parallel to the southerly sideline of Pochick Avenue; south and parallel to the southerly sideline of Pochick Avenue; south and parallel to the southerly sideline of Pochick Avenue; • Woodbine Street between the northerly sidelineWoodbine Street between the northerly sidelineWoodbine Street between the northerly sidelineWoodbine Street between the northerly sideline of Nonantum Avenue and the southerly of Nonantum Avenue and the southerly of Nonantum Avenue and the southerly of Nonantum Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue); sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue); sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue); sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue); • Poplar Street between the northerly sideline of Nonantum Avenue and the southerly Poplar Street between the northerly sideline of Nonantum Avenue and the southerly Poplar Street between the northerly sideline of Nonantum Avenue and the southerly Poplar Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Nobadeer Avenue; sideline of Nobadeer Avenue; sideline of Nobadeer Avenue; sideline of Nobadeer Avenue; • Laurel Street between the northeaLaurel Street between the northeaLaurel Street between the northeaLaurel Street between the northeasterly sideline of Atlantic Avenue and the southerly sterly sideline of Atlantic Avenue and the southerly sterly sideline of Atlantic Avenue and the southerly sterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nonantum and Nobadeer sideline of Weweeder Avenue (excluding any portion of Nonantum and Nobadeer sideline of Weweeder Avenue (excluding any portion of Nonantum and Nobadeer sideline of Weweeder Avenue (excluding any portion of Nonantum and Nobadeer Avenues and between the northerly sideline ofAvenues and between the northerly sideline ofAvenues and between the northerly sideline ofAvenues and between the northerly sideline of Masaquet Street and the southerly Masaquet Street and the southerly Masaquet Street and the southerly Masaquet Street and the southerly sideline of Mequash Avenue; sideline of Mequash Avenue; sideline of Mequash Avenue; sideline of Mequash Avenue; • School Street betSchool Street betSchool Street betSchool Street between the northeasterly sideline of Atlantic Avenue and the southerly ween the northeasterly sideline of Atlantic Avenue and the southerly ween the northeasterly sideline of Atlantic Avenue and the southerly ween the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue) and sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue) and sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue) and sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue) and between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash Avenue (excluding any porAvenue (excluding any porAvenue (excluding any porAvenue (excluding any portion of Masaquet Avenue); tion of Masaquet Avenue); tion of Masaquet Avenue); tion of Masaquet Avenue); • Copeland Street between the northerly sideline of Masaquet Street and the southerly Copeland Street between the northerly sideline of Masaquet Street and the southerly Copeland Street between the northerly sideline of Masaquet Street and the southerly Copeland Street between the northerly sideline of Masaquet Street and the southerly sideline of Mequash Avenue; sideline of Mequash Avenue; sideline of Mequash Avenue; sideline of Mequash Avenue; • Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly siMyrtle Street) and the westerly siMyrtle Street) and the westerly siMyrtle Street) and the westerly sideline of Dunham Street (excluding any portions of deline of Dunham Street (excluding any portions of deline of Dunham Street (excluding any portions of deline of Dunham Street (excluding any portions of Naushon Way (formerly known as Cherry Street) Plum Street, Holly Street, Pequot Naushon Way (formerly known as Cherry Street) Plum Street, Holly Street, Pequot Naushon Way (formerly known as Cherry Street) Plum Street, Holly Street, Pequot Naushon Way (formerly known as Cherry Street) Plum Street, Holly Street, Pequot Street (formerly known as Orange Street), Uncatena Street (formerly known as Street (formerly known as Orange Street), Uncatena Street (formerly known as Street (formerly known as Orange Street), Uncatena Street (formerly known as Street (formerly known as Orange Street), Uncatena Street (formerly known as Wannacomet Street), and Myles Standish Street (fWannacomet Street), and Myles Standish Street (fWannacomet Street), and Myles Standish Street (fWannacomet Street), and Myles Standish Street (formerly known as Shimmo Street); ormerly known as Shimmo Street); ormerly known as Shimmo Street); ormerly known as Shimmo Street); • Mequash Avenue: Between the easterly sideline of Copeland Street and the westerly Mequash Avenue: Between the easterly sideline of Copeland Street and the westerly Mequash Avenue: Between the easterly sideline of Copeland Street and the westerly Mequash Avenue: Between the easterly sideline of Copeland Street and the westerly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Strsideline of Surfside Road (formerly known as Myrtle Strsideline of Surfside Road (formerly known as Myrtle Strsideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of eet) and the westerly sideline of eet) and the westerly sideline of eet) and the westerly sideline of Naushon Way (formerly known as Cherry Street); Naushon Way (formerly known as Cherry Street); Naushon Way (formerly known as Cherry Street); Naushon Way (formerly known as Cherry Street); Page 115 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions • Pocomo Avenue between the easterly sideline of Assessor Map 79, Parcel 27 to the Pocomo Avenue between the easterly sideline of Assessor Map 79, Parcel 27 to the Pocomo Avenue between the easterly sideline of Assessor Map 79, Parcel 27 to the Pocomo Avenue between the easterly sideline of Assessor Map 79, Parcel 27 to the easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to thethethethe eas eas eas easterly sideline of Adams Street; andterly sideline of Adams Street; andterly sideline of Adams Street; andterly sideline of Adams Street; and • Adams Street between the northern sideline of Weweeder Avenue and the southerly Adams Street between the northern sideline of Weweeder Avenue and the southerly Adams Street between the northern sideline of Weweeder Avenue and the southerly Adams Street between the northern sideline of Weweeder Avenue and the southerly sideline of Pocomo Avenue (excluding any portion of Pochick Avenue).sideline of Pocomo Avenue (excluding any portion of Pochick Avenue).sideline of Pocomo Avenue (excluding any portion of Pochick Avenue).sideline of Pocomo Avenue (excluding any portion of Pochick Avenue). BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the FBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the FBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the FBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance inance inance inance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLE 77ARTICLE 77ARTICLE 77ARTICLE 77 (Real Estate Conveyances: (Real Estate Conveyances: (Real Estate Conveyances: (Real Estate Conveyances: “Paper” Streets, Surfside) “Paper” Streets, Surfside) “Paper” Streets, Surfside) “Paper” Streets, Surfside) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portions of land in the Surfside area of Nantucket known as Surfside South and identified below, subject to Massachusetts General Law c. 30B and guidelines established under the “Nantucket Yard Sales” program: • Waverly, Mount Vernon, Harriet (formerly known as Prospect) and Hawthorne Streets between the northerly sideline of Nobadeer Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Weweeder, Pochick and Pocomo Avenues and Boulevarde); • Central Street between the northerly sideline of Boulevarde and the southerly sideline of Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); • Clifford Street between the northerly sideline of Pochick Avenue to the southerly sideline of Pocomo Avenue; • Irving Street between the northerly sideline of Pochick Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); • Myles Standish (formerly known as Shimmo) and Plum Streets between the northerly sideline of Weweeder Avenue and the southerly sideline of Pochick Avenue; • Masquetuck Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Pochick Avenue (excluding any portion of Nobadeer and Weweeder Avenues); • Holly Street between the northerly sideline of Weweeder Avenue and a line 200 feet south and parallel to the southerly sideline of Pochick Avenue; • Woodbine Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue); • Poplar Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Nobadeer Avenue; • Laurel Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nonantum and Nobadeer Avenues and between the northerly sideline of Masaquet Street and the southerly sideline of Mequash Avenue; • School Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue) and between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash Avenue (excluding any portion of Masaquet Avenue); Page 116 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions • Copeland Street between the northerly sideline of Masaquet Street and the southerly sideline of Mequash Avenue; • Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Dunham Street (excluding any portions of Naushon Way (formerly known as Cherry Street) Plum Street, Holly Street, Pequot Street (formerly known as Orange Street), Uncatena Street (formerly known as Wannacomet Street), and Myles Standish Street (formerly known as Shimmo Street); • Mequash Avenue: Between the easterly sideline of Copeland Street and the westerly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Naushon Way (formerly known as Cherry Street); • Pocomo Avenue between the easterly sideline of Assessor Map 79, Parcel 27 to the easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to the easterly sideline of Adams Street; • Adams Street between the northern sideline of Weweeder Avenue and the southerly sideline of Pocomo Avenue (excluding any portion of Pochick Avenue); and 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 Board of Selectmen isthe Board of Selectmen isthe Board of Selectmen isthe Board of Selectmen is authorized to authorized to authorized to authorized to convey, sell or otherwise dispose of the fee title or lessconvey, sell or otherwise dispose of the fee title or lessconvey, sell or otherwise dispose of the fee title or lessconvey, sell or otherwise dispose of the fee title or lesser interests in all or any portions of land er interests in all or any portions of land er interests in all or any portions of land er interests in all or any portions of land in the Surfside area of Nantucket known as Surfside South and identified below, subject to in the Surfside area of Nantucket known as Surfside South and identified below, subject to in the Surfside area of Nantucket known as Surfside South and identified below, subject to in the Surfside area of Nantucket known as Surfside South and identified below, subject to Massachusetts General Law c.Massachusetts General Law c.Massachusetts General Law c.Massachusetts General Law c. 30B and guidelines established under the “Nantucket Yard 30B and guidelines established under the “Nantucket Yard 30B and guidelines established under the “Nantucket Yard 30B and guidelines established under the “Nantucket Yard Sales” program:Sales” program:Sales” program:Sales” program: • Waverly, Mount VerWaverly, Mount VerWaverly, Mount VerWaverly, Mount Vernon, Harriet (formerly known as Prospect) and Hawthorne Streets non, Harriet (formerly known as Prospect) and Hawthorne Streets non, Harriet (formerly known as Prospect) and Hawthorne Streets non, Harriet (formerly known as Prospect) and Hawthorne Streets between the northerly sideline of Nobadeer Avenue and the southerly sideline of between the northerly sideline of Nobadeer Avenue and the southerly sideline of between the northerly sideline of Nobadeer Avenue and the southerly sideline of between the northerly sideline of Nobadeer Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Weweeder, Pochick and Pocomo Avenues Okorwaw Avenue (excluding any portion of Weweeder, Pochick and Pocomo Avenues Okorwaw Avenue (excluding any portion of Weweeder, Pochick and Pocomo Avenues Okorwaw Avenue (excluding any portion of Weweeder, Pochick and Pocomo Avenues and Boulevarde); and Boulevarde); and Boulevarde); and Boulevarde); • Central Street bCentral Street bCentral Street bCentral Street between the northerly sideline of Boulevarde and the southerly sideline of etween the northerly sideline of Boulevarde and the southerly sideline of etween the northerly sideline of Boulevarde and the southerly sideline of etween the northerly sideline of Boulevarde and the southerly sideline of Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); Okorwaw Avenue (excluding any portion of Pochick and Pocomo Avenues); • Clifford Street between the northerly sideline of Pochick Avenue to the southerly sideline Clifford Street between the northerly sideline of Pochick Avenue to the southerly sideline Clifford Street between the northerly sideline of Pochick Avenue to the southerly sideline Clifford Street between the northerly sideline of Pochick Avenue to the southerly sideline of Pocomo Avenue; of Pocomo Avenue; of Pocomo Avenue; of Pocomo Avenue; • IIIIrving Street between the northerly sideline of Pochick Avenue and the southerly rving Street between the northerly sideline of Pochick Avenue and the southerly rving Street between the northerly sideline of Pochick Avenue and the southerly rving Street between the northerly sideline of Pochick Avenue and the southerly sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue); • Myles Standish (formerly known as Shimmo) and Plum Streets between the northerly Myles Standish (formerly known as Shimmo) and Plum Streets between the northerly Myles Standish (formerly known as Shimmo) and Plum Streets between the northerly Myles Standish (formerly known as Shimmo) and Plum Streets between the northerly sideline of Weweeder Avensideline of Weweeder Avensideline of Weweeder Avensideline of Weweeder Avenue and the southerly sideline of Pochick Avenue; ue and the southerly sideline of Pochick Avenue; ue and the southerly sideline of Pochick Avenue; ue and the southerly sideline of Pochick Avenue; • Masquetuck Street between the northerly sideline of Nonantum Avenue and the Masquetuck Street between the northerly sideline of Nonantum Avenue and the Masquetuck Street between the northerly sideline of Nonantum Avenue and the Masquetuck Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Pochick Avenue (excluding any portion of Nobadeer and southerly sideline of Pochick Avenue (excluding any portion of Nobadeer and southerly sideline of Pochick Avenue (excluding any portion of Nobadeer and southerly sideline of Pochick Avenue (excluding any portion of Nobadeer and Weweeder Avenues); Weweeder Avenues); Weweeder Avenues); Weweeder Avenues); • Holly Street between the northerlyHolly Street between the northerlyHolly Street between the northerlyHolly Street between the northerly sideline of Weweeder Avenue and a line 200 feet sideline of Weweeder Avenue and a line 200 feet sideline of Weweeder Avenue and a line 200 feet sideline of Weweeder Avenue and a line 200 feet south and parallel to the southerly sideline of Pochick Avenue; south and parallel to the southerly sideline of Pochick Avenue; south and parallel to the southerly sideline of Pochick Avenue; south and parallel to the southerly sideline of Pochick Avenue; • Woodbine Street between the northerly sideline of Nonantum Avenue and the southerly Woodbine Street between the northerly sideline of Nonantum Avenue and the southerly Woodbine Street between the northerly sideline of Nonantum Avenue and the southerly Woodbine Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Weweeder Avenue (excluding any portion of Nobasideline of Weweeder Avenue (excluding any portion of Nobasideline of Weweeder Avenue (excluding any portion of Nobasideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue); deer Avenue); deer Avenue); deer Avenue); Page 117 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions • Poplar Street between the northerly sideline of Nonantum Avenue and the southerly Poplar Street between the northerly sideline of Nonantum Avenue and the southerly Poplar Street between the northerly sideline of Nonantum Avenue and the southerly Poplar Street between the northerly sideline of Nonantum Avenue and the southerly sideline of Nobadeer Avenue; sideline of Nobadeer Avenue; sideline of Nobadeer Avenue; sideline of Nobadeer Avenue; • Laurel Street between the northeasterly sideline of Atlantic Avenue and the southerly Laurel Street between the northeasterly sideline of Atlantic Avenue and the southerly Laurel Street between the northeasterly sideline of Atlantic Avenue and the southerly Laurel Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenue (excluding any sideline of Weweeder Avenue (excluding any sideline of Weweeder Avenue (excluding any sideline of Weweeder Avenue (excluding any portion of Nonantum and Nobadeer portion of Nonantum and Nobadeer portion of Nonantum and Nobadeer portion of Nonantum and Nobadeer Avenues and between the northerly sideline ofAvenues and between the northerly sideline ofAvenues and between the northerly sideline ofAvenues and between the northerly sideline of Masaquet Street and the southerly Masaquet Street and the southerly Masaquet Street and the southerly Masaquet Street and the southerly sideline of Mequash Avenue; sideline of Mequash Avenue; sideline of Mequash Avenue; sideline of Mequash Avenue; • School Street between the northeasterly sideline of Atlantic Avenue and the southerly School Street between the northeasterly sideline of Atlantic Avenue and the southerly School Street between the northeasterly sideline of Atlantic Avenue and the southerly School Street between the northeasterly sideline of Atlantic Avenue and the southerly sideline of Weweeder Avenuesideline of Weweeder Avenuesideline of Weweeder Avenuesideline of Weweeder Avenue (excluding any portion of Nobadeer Avenue) and (excluding any portion of Nobadeer Avenue) and (excluding any portion of Nobadeer Avenue) and (excluding any portion of Nobadeer Avenue) and between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash between the northerly sideline of Pochick Avenue and the southerly sideline of Mequash Avenue (excluding any portion of Masaquet Avenue); Avenue (excluding any portion of Masaquet Avenue); Avenue (excluding any portion of Masaquet Avenue); Avenue (excluding any portion of Masaquet Avenue); • Copeland Street between the northerly sideline of Masaquet Street andCopeland Street between the northerly sideline of Masaquet Street andCopeland Street between the northerly sideline of Masaquet Street andCopeland Street between the northerly sideline of Masaquet Street and the southerly the southerly the southerly the southerly sideline of Mequash Avenue; sideline of Mequash Avenue; sideline of Mequash Avenue; sideline of Mequash Avenue; • Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Nobadeer Avenue between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Dunham Street (excluding any portions of Myrtle Street) and the westerly sideline of Dunham Street (excluding any portions of Myrtle Street) and the westerly sideline of Dunham Street (excluding any portions of Myrtle Street) and the westerly sideline of Dunham Street (excluding any portions of Naushon Way (formerly known as Cherry Street)Naushon Way (formerly known as Cherry Street)Naushon Way (formerly known as Cherry Street)Naushon Way (formerly known as Cherry Street) Plum Street, Holly Street, Pequot Plum Street, Holly Street, Pequot Plum Street, Holly Street, Pequot Plum Street, Holly Street, Pequot Street (formerly known as Orange Street), Uncatena Street (formerly known as Street (formerly known as Orange Street), Uncatena Street (formerly known as Street (formerly known as Orange Street), Uncatena Street (formerly known as Street (formerly known as Orange Street), Uncatena Street (formerly known as Wannacomet Street), and Myles Standish Street (formerly known as Shimmo Street); Wannacomet Street), and Myles Standish Street (formerly known as Shimmo Street); Wannacomet Street), and Myles Standish Street (formerly known as Shimmo Street); Wannacomet Street), and Myles Standish Street (formerly known as Shimmo Street); • Mequash Avenue: Between the easterly sideline of Copeland StreMequash Avenue: Between the easterly sideline of Copeland StreMequash Avenue: Between the easterly sideline of Copeland StreMequash Avenue: Between the easterly sideline of Copeland Street and the westerly et and the westerly et and the westerly et and the westerly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and between the easterly sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of sideline of Surfside Road (formerly known as Myrtle Street) and the westerly sideline of Naushon Way (formerly known as Cherry Street); Naushon Way (formerly known as Cherry Street); Naushon Way (formerly known as Cherry Street); Naushon Way (formerly known as Cherry Street); • Pocomo Avenue Pocomo Avenue Pocomo Avenue Pocomo Avenue between the easterly sideline of Assessor Map 79, Parcel 27 to the between the easterly sideline of Assessor Map 79, Parcel 27 to the between the easterly sideline of Assessor Map 79, Parcel 27 to the between the easterly sideline of Assessor Map 79, Parcel 27 to the easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to easterly sideline of Central Street and from the westerly sideline of Hawthorne Street to the easterly sideline of Adams Street; the easterly sideline of Adams Street; the easterly sideline of Adams Street; the easterly sideline of Adams Street; andandandand • Adams Street between the northern sideline of Weweeder AAdams Street between the northern sideline of Weweeder AAdams Street between the northern sideline of Weweeder AAdams Street between the northern sideline of Weweeder Avenue and the southerly venue and the southerly venue and the southerly venue and the southerly sideline of Pocomo Avenue (excluding any portion of Pochick Avenue).sideline of Pocomo Avenue (excluding any portion of Pochick Avenue).sideline of Pocomo Avenue (excluding any portion of Pochick Avenue).sideline of Pocomo Avenue (excluding any portion of Pochick Avenue). BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. AAAARTICLE 78RTICLE 78RTICLE 78RTICLE 78 (Real Estate Acquisition: Paper Streets in Surfside)(Real Estate Acquisition: Paper Streets in Surfside)(Real Estate Acquisition: Paper Streets in Surfside)(Real Estate Acquisition: Paper Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of seven (7) unconstructed rights of way in the Surfside area of Nantucket known as Surfside West and identified below, together with any public and private rights of passage, for public ways and/or general municipal purposes: • Washington, Sumner, and Jackson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Monohansett Road (excluding any portion of Okorwaw Avenue); • Webster and Wilson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Chappomis Avenue; • Pocomo Avenue between the easterly sideline of Monohansett Road and the northwesterly sideline of land of the Nantucket Memorial Airport; and Page 118 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions • Chappomis Avenue between the southerly sideline of Monohansett Road and the easterly sideline of Webster Street and from the westerly sideline of Wilson Street and the northwesterly sideline of land of the Nantucket Memorial Airport; and to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and 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 Board of Selectmen isthe Board of Selectmen isthe Board of Selectmen isthe Board of Selectmen is authorized to authorized to authorized to authorized to acquire acquire acquire acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of sssseven (7) unconstructed rights of way in the Surfside area of Nantucket known as Surfside even (7) unconstructed rights of way in the Surfside area of Nantucket known as Surfside even (7) unconstructed rights of way in the Surfside area of Nantucket known as Surfside even (7) unconstructed rights of way in the Surfside area of Nantucket known as Surfside West and identified below, together with any public and private rights of passage, for public West and identified below, together with any public and private rights of passage, for public West and identified below, together with any public and private rights of passage, for public West and identified below, together with any public and private rights of passage, for public ways and/or general municipal purposes:ways and/or general municipal purposes:ways and/or general municipal purposes:ways and/or general municipal purposes: • Washington, Sumner, and Jackson Washington, Sumner, and Jackson Washington, Sumner, and Jackson Washington, Sumner, and Jackson Streets between the northwesterly sideline of land of Streets between the northwesterly sideline of land of Streets between the northwesterly sideline of land of Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Monohansett Road the Nantucket Memorial Airport and the southerly sideline of Monohansett Road the Nantucket Memorial Airport and the southerly sideline of Monohansett Road the Nantucket Memorial Airport and the southerly sideline of Monohansett Road (excluding any portion of Okorwaw Avenue)(excluding any portion of Okorwaw Avenue)(excluding any portion of Okorwaw Avenue)(excluding any portion of Okorwaw Avenue);;;; • Webster and Wilson Streets between the northwesterly sideline of land of the NantWebster and Wilson Streets between the northwesterly sideline of land of the NantWebster and Wilson Streets between the northwesterly sideline of land of the NantWebster and Wilson Streets between the northwesterly sideline of land of the Nantucket ucket ucket ucket Memorial Airport and the southerly sideline of Chappomis Avenue;Memorial Airport and the southerly sideline of Chappomis Avenue;Memorial Airport and the southerly sideline of Chappomis Avenue;Memorial Airport and the southerly sideline of Chappomis Avenue; • Pocomo Avenue between the easterly sideline of Monohansett Road and the Pocomo Avenue between the easterly sideline of Monohansett Road and the Pocomo Avenue between the easterly sideline of Monohansett Road and the Pocomo Avenue between the easterly sideline of Monohansett Road and the northwesterly sideline of land of the Nantucket Memorial Airport; andnorthwesterly sideline of land of the Nantucket Memorial Airport; andnorthwesterly sideline of land of the Nantucket Memorial Airport; andnorthwesterly sideline of land of the Nantucket Memorial Airport; and • Chappomis Avenue between the southerly sideChappomis Avenue between the southerly sideChappomis Avenue between the southerly sideChappomis Avenue between the southerly sideline of Monohansett Road and the line of Monohansett Road and the line of Monohansett Road and the line of Monohansett Road and the easterly sideline of Webster Street and from the westerly sideline of Wilson Street and easterly sideline of Webster Street and from the westerly sideline of Wilson Street and easterly sideline of Webster Street and from the westerly sideline of Wilson Street and easterly sideline of Webster Street and from the westerly sideline of Wilson Street and the northwesterly sideline of land of the Nantucket Memorial Airportthe northwesterly sideline of land of the Nantucket Memorial Airportthe northwesterly sideline of land of the Nantucket Memorial Airportthe northwesterly sideline of land of the Nantucket Memorial Airport.... BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports theBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports theBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports theBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Finance Finance Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 79 79 79 79 (Real Estate Conveyances: Paper Streets, Surfside)(Real Estate Conveyances: Paper Streets, Surfside)(Real Estate Conveyances: Paper Streets, Surfside)(Real Estate Conveyances: Paper Streets, Surfside) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interest in all or any portions of land in the Surfside area of Nantucket known as Surfside West and identified below, subject to Massachusetts General Law c. 30B and guidelines established under the ”Nantucket Yard Sales” program: • Washington, Sumner, and Jackson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Monohansett Road (excluding any portion of Okorwaw Avenue); • Webster and Wilson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Chappomis Avenue; • Pocomo Avenue between the easterly sideline of Monohansett Road and the northwesterly sideline of land of the Nantucket Memorial Airport; and • Chappomis Avenue between the southerly sideline of Monohansett Road and the easterly sideline of Webster Street and from the westerly sideline of Wilson Street and Page 119 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions the northwesterly sideline of land of the Nantucket Memorial Airport; and to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTFINANCE COMMITTEE MOTFINANCE COMMITTEE MOTFINANCE COMMITTEE MOTION:ION:ION:ION: Moved that Moved that Moved that Moved that the Board of Selectmen isthe Board of Selectmen isthe Board of Selectmen isthe Board of Selectmen is authorized to authorized to authorized to authorized to convey, sell or otherwise dispose of the fee title or lesser interest in all or any portions of land convey, sell or otherwise dispose of the fee title or lesser interest in all or any portions of land convey, sell or otherwise dispose of the fee title or lesser interest in all or any portions of land convey, sell or otherwise dispose of the fee title or lesser interest in all or any portions of land in the Surfside area of Nantucket known as Surfside West and identified below, subject to in the Surfside area of Nantucket known as Surfside West and identified below, subject to in the Surfside area of Nantucket known as Surfside West and identified below, subject to in the Surfside area of Nantucket known as Surfside West and identified below, subject to MassachuMassachuMassachuMassachusetts General Law c.setts General Law c.setts General Law c.setts General Law c. 30B and guidelines established under the ”Nantucket Yard 30B and guidelines established under the ”Nantucket Yard 30B and guidelines established under the ”Nantucket Yard 30B and guidelines established under the ”Nantucket Yard Sales” program:Sales” program:Sales” program:Sales” program: • Washington, Sumner, and Jackson Streets between the northwesterly sideline of land of Washington, Sumner, and Jackson Streets between the northwesterly sideline of land of Washington, Sumner, and Jackson Streets between the northwesterly sideline of land of Washington, Sumner, and Jackson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Monohansett Rothe Nantucket Memorial Airport and the southerly sideline of Monohansett Rothe Nantucket Memorial Airport and the southerly sideline of Monohansett Rothe Nantucket Memorial Airport and the southerly sideline of Monohansett Road ad ad ad (excluding any portion of Okorwaw Avenue);(excluding any portion of Okorwaw Avenue);(excluding any portion of Okorwaw Avenue);(excluding any portion of Okorwaw Avenue); • Webster and Wilson Streets between the northwesterly sideline of land of the Nantucket Webster and Wilson Streets between the northwesterly sideline of land of the Nantucket Webster and Wilson Streets between the northwesterly sideline of land of the Nantucket Webster and Wilson Streets between the northwesterly sideline of land of the Nantucket Memorial Airport and the southerly sideline of Chappomis Avenue; Memorial Airport and the southerly sideline of Chappomis Avenue; Memorial Airport and the southerly sideline of Chappomis Avenue; Memorial Airport and the southerly sideline of Chappomis Avenue; • Pocomo Avenue between the easterly sideline of MonohansetPocomo Avenue between the easterly sideline of MonohansetPocomo Avenue between the easterly sideline of MonohansetPocomo Avenue between the easterly sideline of Monohansett Road and the t Road and the t Road and the t Road and the northwesterly sideline of land of the Nantucket Memorial Airport; andnorthwesterly sideline of land of the Nantucket Memorial Airport; andnorthwesterly sideline of land of the Nantucket Memorial Airport; andnorthwesterly sideline of land of the Nantucket Memorial Airport; and • Chappomis Avenue between the southerly sideline of Monohansett Road and the Chappomis Avenue between the southerly sideline of Monohansett Road and the Chappomis Avenue between the southerly sideline of Monohansett Road and the Chappomis Avenue between the southerly sideline of Monohansett Road and the easterly sideline of Webster Street and from the westerly sideline of Wilson Street and easterly sideline of Webster Street and from the westerly sideline of Wilson Street and easterly sideline of Webster Street and from the westerly sideline of Wilson Street and easterly sideline of Webster Street and from the westerly sideline of Wilson Street and the nothe nothe nothe northwesterly sideline of land of the Nantucket Memorial Airportrthwesterly sideline of land of the Nantucket Memorial Airportrthwesterly sideline of land of the Nantucket Memorial Airportrthwesterly sideline of land of the Nantucket Memorial Airport.... BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 80 80 80 80 (Real Estate Acquisition: Various Parcels, Cisco)(Real Estate Acquisition: Various Parcels, Cisco)(Real Estate Acquisition: Various Parcels, Cisco)(Real Estate Acquisition: Various Parcels, Cisco) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of three (3) parcels of land in Cisco, known as Assessor Map 82, Parcels 332, 335, and 369 for general municipal purposes; to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and 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 Board of Selectmen is hereby authorized to the Board of Selectmen is hereby authorized to the Board of Selectmen is hereby authorized to the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of three (3) parcels of land in Cisco, known as Assessor Map 82, Parcels 332, 335, and 369 for of three (3) parcels of land in Cisco, known as Assessor Map 82, Parcels 332, 335, and 369 for of three (3) parcels of land in Cisco, known as Assessor Map 82, Parcels 332, 335, and 369 for of three (3) parcels of land in Cisco, known as Assessor Map 82, Parcels 332, 335, and 369 for general munigeneral munigeneral munigeneral municipal purposescipal purposescipal purposescipal purposes.... BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. Page 120 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE ARTICLE ARTICLE ARTICLE 81818181 (Real Estate Conveyances: Various Parcels(Real Estate Conveyances: Various Parcels(Real Estate Conveyances: Various Parcels(Real Estate Conveyances: Various Parcels) To see if the Town will vote to authorize the Board of Selectmen to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portions of six (6) parcels of land known as: Assessor Map 80, Parcel 140.1; Assessor Map 82, Parcels 332, 335 and 369l; Assessor Map 88, Parcel 19; and a parcel of land, formerly part of a County roadway known as Milestone Road at its intersection with Polpis Road transferred to the Town by Chapter 138 of the Acts of 2008; subject to Massachusetts General Law c. 30B and guidelines established under the “Nantucket Yard Sales” program; and 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 Moved that the Moved that the Moved that the Board of Selectmen is authorized to Board of Selectmen is authorized to Board of Selectmen is authorized to Board of Selectmen is authorized to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portions of six convey, sell or otherwise dispose of the fee title or lesser interests in all or any portions of six convey, sell or otherwise dispose of the fee title or lesser interests in all or any portions of six convey, sell or otherwise dispose of the fee title or lesser interests in all or any portions of six (6) parcels of la(6) parcels of la(6) parcels of la(6) parcels of land known as:nd known as:nd known as:nd known as: Assessor Map 79, Parcel 140.1;Assessor Map 79, Parcel 140.1;Assessor Map 79, Parcel 140.1;Assessor Map 79, Parcel 140.1; Assessor Map 82, Parcels 332, 335 and 369;Assessor Map 82, Parcels 332, 335 and 369;Assessor Map 82, Parcels 332, 335 and 369;Assessor Map 82, Parcels 332, 335 and 369; Assessor Map 88, Parcel 19; andAssessor Map 88, Parcel 19; andAssessor Map 88, Parcel 19; andAssessor Map 88, Parcel 19; and a parcel of land, formerly part of a County roadway known as Milestone Road at a parcel of land, formerly part of a County roadway known as Milestone Road at a parcel of land, formerly part of a County roadway known as Milestone Road at a parcel of land, formerly part of a County roadway known as Milestone Road at its intersection with Polpis Road transferred to the Townits intersection with Polpis Road transferred to the Townits intersection with Polpis Road transferred to the Townits intersection with Polpis Road transferred to the Town by Chapter 138 of the by Chapter 138 of the by Chapter 138 of the by Chapter 138 of the Acts of 2008;Acts of 2008;Acts of 2008;Acts of 2008; subject to Massachusetts General Law c. 30B and guidelines established under the “Nantucketsubject to Massachusetts General Law c. 30B and guidelines established under the “Nantucketsubject to Massachusetts General Law c. 30B and guidelines established under the “Nantucketsubject to Massachusetts General Law c. 30B and guidelines established under the “Nantucket Yard Sales” program.Yard Sales” program.Yard Sales” program.Yard Sales” program. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 82 82 82 82 (Real Estate Disposition: West Dover Street)(Real Estate Disposition: West Dover Street)(Real Estate Disposition: West Dover Street)(Real Estate Disposition: West Dover Street) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the Town-owned property known as Assessors Map 55.4.1, Parcel 188 subject to G.L. c. 30B, for the purpose of providing affordable housing to low and moderate income households subject to restrictions and reversions to assure conformance with such purposes, or any other lawful purpose; and 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 Board of Selectmen isthe Board of Selectmen isthe Board of Selectmen isthe Board of Selectmen is authorized to authorized to authorized to authorized to sell, sell, sell, sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the Townconvey or otherwise dispose of the fee or lesser interests of all or any portion of the Townconvey or otherwise dispose of the fee or lesser interests of all or any portion of the Townconvey or otherwise dispose of the fee or lesser interests of all or any portion of the Town---- Page 121 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions owned property known as Assessorsowned property known as Assessorsowned property known as Assessorsowned property known as Assessors Map 55.4.1, Parcel 188 subject to G.L. Map 55.4.1, Parcel 188 subject to G.L. Map 55.4.1, Parcel 188 subject to G.L. Map 55.4.1, Parcel 188 subject to G.L. c. 30Bc. 30Bc. 30Bc. 30B, for the , for the , for the , for the purpose of providing affordable housing to low and moderate income households subject to purpose of providing affordable housing to low and moderate income households subject to purpose of providing affordable housing to low and moderate income households subject to purpose of providing affordable housing to low and moderate income households subject to restrictions and reversions to assure conformance with such purposesrestrictions and reversions to assure conformance with such purposesrestrictions and reversions to assure conformance with such purposesrestrictions and reversions to assure conformance with such purposes.... BOARD OF SELECTMEN COMMENT: The Board oBOARD OF SELECTMEN COMMENT: The Board oBOARD OF SELECTMEN COMMENT: The Board oBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance f Selectmen supports the Finance f Selectmen supports the Finance f Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 83 83 83 83 (Real Estate Conveyances: Miller Way; former Nonantum Avenue(Real Estate Conveyances: Miller Way; former Nonantum Avenue(Real Estate Conveyances: Miller Way; former Nonantum Avenue(Real Estate Conveyances: Miller Way; former Nonantum Avenue parcel parcel parcel parcel and West Tristram Avenue)and West Tristram Avenue)and West Tristram Avenue)and West Tristram Avenue) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, grant or otherwise transfer the fee title, conservation restriction or other lesser interests in all or any portions of the following parcels of land to the Nantucket Islands Land Bank or a governmental body or non-profit entity, whose purpose includes the conservation of open space, for conservation, open space or recreational purposes, subject to G.L. c. 30B: Lot B shown on a plan filed at the Nantucket Registry of Deeds as Plan No. 2008-61, containing approximately 73,265 square feet (1.68 acres) of land being a portion of Lot B2 on Certificate of Title Number 3279, sometimes known as Miller Lane; Lot X1 containing approximately 14,197 square feet of land on that certain plan containing five (5) sheets and entitled “Phase I Disposition Plan in Nantucket, Mass. of Tristram Avenue, Alliance Lane, Proprietors Road, Assessors Maps 31 & 32,” dated March 2, 2009, prepared by Bracken Engineering, Inc. and filed with the Nantucket County Registry of Deeds as Plan No. 2009-27; A parcel containing approximately 18,400 square feet of land bounded by the easterly sideline of Nonantum Avenue, northerly by the southerly lot line of Assessor Map 88, Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly lot line of Assessor Map 88, Parcels 50 and 51, the eastern sideline of former Harriet Street (f.k.a Prospect Street) and southerly by the northerly lot line of Assessor Map 88, Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Avenue and the Atlantic Ocean and Assessor Map 88, Parcel 48, as shown on the plan on file at the Registry of Deeds as Plan No. 2009-37; and A parcel known as Assessor Map 88, Parcel 47 bounded westerly by the center line of former Clifford Street, northerly by the southerly side line of former Nonantum Avenue, easterly by the center line of former Harriet Street (f.k.a. Prospect Street) and southerly by the Atlantic Ocean containing approximately 59,844 square feet (1.37 acres) and shown as lot 8 on the plan on file at the Nantucket County Registry of Deeds as Plan No. 056-K-1; and 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 Board of Selectmen is authorized Moved that the Board of Selectmen is authorized Moved that the Board of Selectmen is authorized Moved that the Board of Selectmen is authorized to sell, to sell, to sell, to sell, convey, grant or otherwise transfer the fee title, conservaconvey, grant or otherwise transfer the fee title, conservaconvey, grant or otherwise transfer the fee title, conservaconvey, grant or otherwise transfer the fee title, conservation restriction or other lesser tion restriction or other lesser tion restriction or other lesser tion restriction or other lesser interests in all or any portions of the following parcels of land to the Nantucket Islands Land interests in all or any portions of the following parcels of land to the Nantucket Islands Land interests in all or any portions of the following parcels of land to the Nantucket Islands Land interests in all or any portions of the following parcels of land to the Nantucket Islands Land Page 122 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions Bank or a governmental body or nonBank or a governmental body or nonBank or a governmental body or nonBank or a governmental body or non----profit entity, whose purpose includes the conservation of profit entity, whose purpose includes the conservation of profit entity, whose purpose includes the conservation of profit entity, whose purpose includes the conservation of open space, for conservation, openopen space, for conservation, openopen space, for conservation, openopen space, for conservation, open space or recreational purposes, subject to G.L. c. 30B: space or recreational purposes, subject to G.L. c. 30B: space or recreational purposes, subject to G.L. c. 30B: space or recreational purposes, subject to G.L. c. 30B: Lot B shown on a plan filed at the Nantucket Registry of Deeds as Plan No. 2008Lot B shown on a plan filed at the Nantucket Registry of Deeds as Plan No. 2008Lot B shown on a plan filed at the Nantucket Registry of Deeds as Plan No. 2008Lot B shown on a plan filed at the Nantucket Registry of Deeds as Plan No. 2008----61, 61, 61, 61, containing approximately 73,265 square feet (1.68 acres) of land being a portion of Lot containing approximately 73,265 square feet (1.68 acres) of land being a portion of Lot containing approximately 73,265 square feet (1.68 acres) of land being a portion of Lot containing approximately 73,265 square feet (1.68 acres) of land being a portion of Lot B2 on Certificate of TitleB2 on Certificate of TitleB2 on Certificate of TitleB2 on Certificate of Title Number 3279, sometimes known as Miller Lane; Number 3279, sometimes known as Miller Lane; Number 3279, sometimes known as Miller Lane; Number 3279, sometimes known as Miller Lane; Lot X1 containing approximately 14,197 square feet of land on that certain plan Lot X1 containing approximately 14,197 square feet of land on that certain plan Lot X1 containing approximately 14,197 square feet of land on that certain plan Lot X1 containing approximately 14,197 square feet of land on that certain plan containing five (5) sheets and entitled “Phase I Disposition Plan in Nantucket, Mass. of containing five (5) sheets and entitled “Phase I Disposition Plan in Nantucket, Mass. of containing five (5) sheets and entitled “Phase I Disposition Plan in Nantucket, Mass. of containing five (5) sheets and entitled “Phase I Disposition Plan in Nantucket, Mass. of Tristram Avenue, Alliance Lane, ProprietTristram Avenue, Alliance Lane, ProprietTristram Avenue, Alliance Lane, ProprietTristram Avenue, Alliance Lane, Proprietors Road, Assessors Maps 31ors Road, Assessors Maps 31ors Road, Assessors Maps 31ors Road, Assessors Maps 31 & 32,” dated & 32,” dated & 32,” dated & 32,” dated March 2, 2009, prepared by Bracken Engineering, Inc. and filed with the Nantucket March 2, 2009, prepared by Bracken Engineering, Inc. and filed with the Nantucket March 2, 2009, prepared by Bracken Engineering, Inc. and filed with the Nantucket March 2, 2009, prepared by Bracken Engineering, Inc. and filed with the Nantucket County Registry of Deeds as Plan No. 2009County Registry of Deeds as Plan No. 2009County Registry of Deeds as Plan No. 2009County Registry of Deeds as Plan No. 2009----27;27;27;27; A parcel containing approximately 18,400 square feet of land bounded by the easterly A parcel containing approximately 18,400 square feet of land bounded by the easterly A parcel containing approximately 18,400 square feet of land bounded by the easterly A parcel containing approximately 18,400 square feet of land bounded by the easterly ssssideline of Nonantum Avenue, northerly by the southerly lot line of Assessor Map 88, ideline of Nonantum Avenue, northerly by the southerly lot line of Assessor Map 88, ideline of Nonantum Avenue, northerly by the southerly lot line of Assessor Map 88, ideline of Nonantum Avenue, northerly by the southerly lot line of Assessor Map 88, Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly Parcel 49, the southerly sideline of a portion of former Clifford Street and the southerly lot line of Assessor Map 88, Parcels 50 and 51, the eastern sideline of formerlot line of Assessor Map 88, Parcels 50 and 51, the eastern sideline of formerlot line of Assessor Map 88, Parcels 50 and 51, the eastern sideline of formerlot line of Assessor Map 88, Parcels 50 and 51, the eastern sideline of former Harriet Harriet Harriet Harriet Street (f.k.a Prospect Street) and southerly by the northerly lot line of Assessor Map 88, Street (f.k.a Prospect Street) and southerly by the northerly lot line of Assessor Map 88, Street (f.k.a Prospect Street) and southerly by the northerly lot line of Assessor Map 88, Street (f.k.a Prospect Street) and southerly by the northerly lot line of Assessor Map 88, Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Parcel 47, the northern sideline of a portion of Clifford Street between former Nonantum Avenue and the Atlantic Ocean and Assessor Map 88, Parcel 48, as shAvenue and the Atlantic Ocean and Assessor Map 88, Parcel 48, as shAvenue and the Atlantic Ocean and Assessor Map 88, Parcel 48, as shAvenue and the Atlantic Ocean and Assessor Map 88, Parcel 48, as shown on the plan own on the plan own on the plan own on the plan on file at the Registry of Deeds as Plan No. 2009on file at the Registry of Deeds as Plan No. 2009on file at the Registry of Deeds as Plan No. 2009on file at the Registry of Deeds as Plan No. 2009----37; and 37; and 37; and 37; and AAAA parcel known as Assessor Map 88, Parcel 47 bounded westerly by the center line of parcel known as Assessor Map 88, Parcel 47 bounded westerly by the center line of parcel known as Assessor Map 88, Parcel 47 bounded westerly by the center line of parcel known as Assessor Map 88, Parcel 47 bounded westerly by the center line of former Clifford Street, northerly by the southerly side line of former Nonantum Avenue, former Clifford Street, northerly by the southerly side line of former Nonantum Avenue, former Clifford Street, northerly by the southerly side line of former Nonantum Avenue, former Clifford Street, northerly by the southerly side line of former Nonantum Avenue, easterlyeasterlyeasterlyeasterly by the center line of former Harriet Street (f.k.a. Prospect Street) and southerly by the center line of former Harriet Street (f.k.a. Prospect Street) and southerly by the center line of former Harriet Street (f.k.a. Prospect Street) and southerly by the center line of former Harriet Street (f.k.a. Prospect Street) and southerly by the Atlantic Ocean containing approximately 59,844 square feet (1.37 acres) and by the Atlantic Ocean containing approximately 59,844 square feet (1.37 acres) and by the Atlantic Ocean containing approximately 59,844 square feet (1.37 acres) and by the Atlantic Ocean containing approximately 59,844 square feet (1.37 acres) and shown as lot 8 on the plan on file at the Nantucket County Registry of Deeds as Plan shown as lot 8 on the plan on file at the Nantucket County Registry of Deeds as Plan shown as lot 8 on the plan on file at the Nantucket County Registry of Deeds as Plan shown as lot 8 on the plan on file at the Nantucket County Registry of Deeds as Plan No. No. No. No. 056056056056----KKKK----1111.... BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 84 84 84 84 (Real Estate Acquisition: Gardner Road)(Real Estate Acquisition: Gardner Road)(Real Estate Acquisition: Gardner Road)(Real Estate Acquisition: Gardner Road) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of the unconstructed right of way in the Shimmo area known as Gardner Road bounded by the northeasterly lot line of Parcels 131, 132, 133, 134, 135 and 90, the southeasterly sideline of North Road, the southwesterly lot line of Parcels 85, 86, and 92, and the northwesterly lot line of Parcel 6; all as shown on Assessor Map 43, together with any public and private rights of passage, for public ways and/or general municipal purposes; to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; and, to take any other action as related thereto. (Board of Selectmen) Page 123 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that th Moved that th Moved that th Moved that the Board of Selectmen is authorized to acquire e Board of Selectmen is authorized to acquire e Board of Selectmen is authorized to acquire e Board of Selectmen is authorized to acquire by purchase, gift or eminent domain the fee title or lesser interestby purchase, gift or eminent domain the fee title or lesser interestby purchase, gift or eminent domain the fee title or lesser interestby purchase, gift or eminent domain the fee title or lesser interestssss in all or any portions of in all or any portions of in all or any portions of in all or any portions of the the the the unconstructed unconstructed unconstructed unconstructed right of way right of way right of way right of way in the Shimmo area known as Gardner Road in the Shimmo area known as Gardner Road in the Shimmo area known as Gardner Road in the Shimmo area known as Gardner Road bounded by the bounded by the bounded by the bounded by the northeasterly lot line of Pnortheasterly lot line of Pnortheasterly lot line of Pnortheasterly lot line of Parcels 131, 132, 133, 134, 135 and 90, the southeasterly sideline of arcels 131, 132, 133, 134, 135 and 90, the southeasterly sideline of arcels 131, 132, 133, 134, 135 and 90, the southeasterly sideline of arcels 131, 132, 133, 134, 135 and 90, the southeasterly sideline of North Road, the southwesterly lot line of Parcels 85, 86, and 92, and the northwesterly lot line North Road, the southwesterly lot line of Parcels 85, 86, and 92, and the northwesterly lot line North Road, the southwesterly lot line of Parcels 85, 86, and 92, and the northwesterly lot line North Road, the southwesterly lot line of Parcels 85, 86, and 92, and the northwesterly lot line of Parcel 6; all as shown on Assessor Map 43, together with any public and private rights of Parcel 6; all as shown on Assessor Map 43, together with any public and private rights of Parcel 6; all as shown on Assessor Map 43, together with any public and private rights of Parcel 6; all as shown on Assessor Map 43, together with any public and private rights of of of of passage, for public ways and/or general municipal purposespassage, for public ways and/or general municipal purposespassage, for public ways and/or general municipal purposespassage, for public ways and/or general municipal purposes.... BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 85 85 85 85 (Real Estate Disposition: Gardner Road)(Real Estate Disposition: Gardner Road)(Real Estate Disposition: Gardner Road)(Real Estate Disposition: Gardner Road) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the land in the Shimmo area known as Gardner Road bounded by the northeasterly lot line of Parcels 131, 132, 133, 134, 135 and 90, the southeasterly sideline of North Road, the southwesterly lot line of Parcels 85, 86, and 92, and the northwesterly lot line of Parcel 6; all as shown on Assessor Map 43, subject to G.L. c. 30B, for the purpose of providing affordable housing to low and moderate income households, subject to restrictions and reversions as may be appropriate to assure conformance with such purposes, or any other lawful purpose; and 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 Moved that the Moved that the Moved that the Board of Selectmen is authorized to sell, Board of Selectmen is authorized to sell, Board of Selectmen is authorized to sell, Board of Selectmen is authorized to sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the land convey or otherwise dispose of the fee or lesser interests of all or any portion of the land convey or otherwise dispose of the fee or lesser interests of all or any portion of the land convey or otherwise dispose of the fee or lesser interests of all or any portion of the land in the in the in the in the Shimmo area known as Gardner Road Shimmo area known as Gardner Road Shimmo area known as Gardner Road Shimmo area known as Gardner Road bounded by the northeasterly lot line of Parcels 131, bounded by the northeasterly lot line of Parcels 131, bounded by the northeasterly lot line of Parcels 131, bounded by the northeasterly lot line of Parcels 131, 132, 133, 134, 135 and 90,132, 133, 134, 135 and 90,132, 133, 134, 135 and 90,132, 133, 134, 135 and 90, the southeasterly sideline of North Road, the southwesterly lot line the southeasterly sideline of North Road, the southwesterly lot line the southeasterly sideline of North Road, the southwesterly lot line the southeasterly sideline of North Road, the southwesterly lot line of Parcels 85, 86, and 92, and the northwesterly lot line of Parcel 6of Parcels 85, 86, and 92, and the northwesterly lot line of Parcel 6of Parcels 85, 86, and 92, and the northwesterly lot line of Parcel 6of Parcels 85, 86, and 92, and the northwesterly lot line of Parcel 6 for any lawful purpose, for any lawful purpose, for any lawful purpose, for any lawful purpose, subject to G.L. c. 30B.subject to G.L. c. 30B.subject to G.L. c. 30B.subject to G.L. c. 30B. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the FiBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the FiBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the FiBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance nance nance nance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 86 86 86 86 (Real Estate Disposition: 42R Sparks Avenue a/k/a Cow Pond (Real Estate Disposition: 42R Sparks Avenue a/k/a Cow Pond (Real Estate Disposition: 42R Sparks Avenue a/k/a Cow Pond (Real Estate Disposition: 42R Sparks Avenue a/k/a Cow Pond LaneLaneLaneLane)))) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any part of that portion of the Town- owned property known as Assessors Map 55, Parcel 603, subject to G.L. c. 30B for the purpose of providing affordable housing to low and moderate income households, subject to restrictions and reversions to assure conformance with such purposes, or any other lawful purpose; and to take any other action related thereto. (Board of Selectmen) Page 124 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Moved that the Moved that the Moved that the Board of Selectmen Board of Selectmen Board of Selectmen Board of Selectmen is authorized is authorized is authorized is authorized to sell, to sell, to sell, to sell, convey or otherwise dispose of the fee or lesser interests convey or otherwise dispose of the fee or lesser interests convey or otherwise dispose of the fee or lesser interests convey or otherwise dispose of the fee or lesser interests of all or any part of that portion of the of all or any part of that portion of the of all or any part of that portion of the of all or any part of that portion of the TownTownTownTown----owned property known as Assessors Map 55, Parcel 603, subject to G.L. owned property known as Assessors Map 55, Parcel 603, subject to G.L. owned property known as Assessors Map 55, Parcel 603, subject to G.L. owned property known as Assessors Map 55, Parcel 603, subject to G.L. c. 30Bc. 30Bc. 30Bc. 30B for the for the for the for the purpose of providing affordable housing to low and moderate income households, subject to purpose of providing affordable housing to low and moderate income households, subject to purpose of providing affordable housing to low and moderate income households, subject to purpose of providing affordable housing to low and moderate income households, subject to restrictions and reversions to assrestrictions and reversions to assrestrictions and reversions to assrestrictions and reversions to assure conformance with such purposesure conformance with such purposesure conformance with such purposesure conformance with such purposes,,,, or any other lawful or any other lawful or any other lawful or any other lawful purpose.purpose.purpose.purpose. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 87 87 87 87 (Real Estate Dispositions: Low Beach Road, Monohansett Road(Real Estate Dispositions: Low Beach Road, Monohansett Road(Real Estate Dispositions: Low Beach Road, Monohansett Road(Real Estate Dispositions: Low Beach Road, Monohansett Road,,,, Arkansas AvenueArkansas AvenueArkansas AvenueArkansas Avenue and Noba and Noba and Noba and Nobadeer Avenuedeer Avenuedeer Avenuedeer Avenue)))) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of all or any parts of the following Town-owned properties, subject to G.L. c. 30B: • 24 Low Beach Road known as Assessors Map 74 Parcel 52 • 5 Monohansett Road known as Assessors Map 79 Parcel 150 • 86 Arkansas Avenue known as Assessors Map 59.3 Parcels 143, 144, 191, 192, 193, 194, 198,199, 225 and 226 and the portion of the way known as North Carolina Avenue (not constructed) shown on the plan entitled “2010 Annual Town Meeting Warrant Article 78, Real Estate Disposition, Madaket” and on file with the Town of Nantucket Planning Office; and • 4 Nobadeer Avenue, known as Assessors Map 80, Parcel 37; and, 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 Board of Selectmen is authorized to sell, Moved that the Board of Selectmen is authorized to sell, Moved that the Board of Selectmen is authorized to sell, Moved that the Board of Selectmen is authorized to sell, convey or otherwise dispose of the fee or lesser interests of all or any parts of the following convey or otherwise dispose of the fee or lesser interests of all or any parts of the following convey or otherwise dispose of the fee or lesser interests of all or any parts of the following convey or otherwise dispose of the fee or lesser interests of all or any parts of the following TownTownTownTown----owned properties, subjowned properties, subjowned properties, subjowned properties, subject to G.L. c. 30B:ect to G.L. c. 30B:ect to G.L. c. 30B:ect to G.L. c. 30B: • 24 Low Beach Road known as Assessors Map 74 Parcel 5224 Low Beach Road known as Assessors Map 74 Parcel 5224 Low Beach Road known as Assessors Map 74 Parcel 5224 Low Beach Road known as Assessors Map 74 Parcel 52 • 5 Monohansett Road known as Assessors Map 79 Parcel 1505 Monohansett Road known as Assessors Map 79 Parcel 1505 Monohansett Road known as Assessors Map 79 Parcel 1505 Monohansett Road known as Assessors Map 79 Parcel 150 • 86 Arkansas Avenue known as Assessors Map 59.3 Parcels 143, 144, 191, 192, 86 Arkansas Avenue known as Assessors Map 59.3 Parcels 143, 144, 191, 192, 86 Arkansas Avenue known as Assessors Map 59.3 Parcels 143, 144, 191, 192, 86 Arkansas Avenue known as Assessors Map 59.3 Parcels 143, 144, 191, 192, 193, 194, 198,199, 225 and 226 and the portion of 193, 194, 198,199, 225 and 226 and the portion of 193, 194, 198,199, 225 and 226 and the portion of 193, 194, 198,199, 225 and 226 and the portion of the way known as North Carolina the way known as North Carolina the way known as North Carolina the way known as North Carolina Avenue (not constructed) shown on the plan entitled “2010 Annual Town Meeting Avenue (not constructed) shown on the plan entitled “2010 Annual Town Meeting Avenue (not constructed) shown on the plan entitled “2010 Annual Town Meeting Avenue (not constructed) shown on the plan entitled “2010 Annual Town Meeting Warrant Article 78, Real Estate Disposition, Madaket”; and Warrant Article 78, Real Estate Disposition, Madaket”; and Warrant Article 78, Real Estate Disposition, Madaket”; and Warrant Article 78, Real Estate Disposition, Madaket”; and • 4 Nobadeer Avenue, known as Assessors Map 80, Parcel 37.4 Nobadeer Avenue, known as Assessors Map 80, Parcel 37.4 Nobadeer Avenue, known as Assessors Map 80, Parcel 37.4 Nobadeer Avenue, known as Assessors Map 80, Parcel 37. 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. Page 125 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 88ARTICLE 88ARTICLE 88ARTICLE 88 (Real Estate Disposition: Long(Real Estate Disposition: Long(Real Estate Disposition: Long(Real Estate Disposition: Long----term Lease Authorization, 2 Fairgrounds Road)term Lease Authorization, 2 Fairgrounds Road)term Lease Authorization, 2 Fairgrounds Road)term Lease Authorization, 2 Fairgrounds Road) To see if the Town will vote to authorize the Board of Selectmen to lease for a lease term not to exceed ninety-nine (99) years all or part of the following Town-owned property located at 2 Fairgrounds Road, described as lot 76 on the plan entitled “Land Court Division Plan of Land in Nantucket, MA.” Dated February 4, 2009 and prepared by Blackwell and Associates, Inc., for housing purposes, subject to Massachusetts G.L. c. 30B; and .to take any other action related thereto. (Board of Selectmen) THE THE THE THE FINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTIONFINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING WILL BE PROVIDED AT TOWN MEETING WILL BE PROVIDED AT TOWN MEETING WILL BE PROVIDED AT TOWN MEETING.... BOARD OF SELECTMEN BOARD OF SELECTMEN BOARD OF SELECTMEN BOARD OF SELECTMEN MOTIONMOTIONMOTIONMOTION: : : : Moved to take no actiMoved to take no actiMoved to take no actiMoved to take no action on the Article.on on the Article.on on the Article.on on the Article. ARTICLE 89ARTICLE 89ARTICLE 89ARTICLE 89 (Real Estate Conveyance: Easements/(Real Estate Conveyance: Easements/(Real Estate Conveyance: Easements/(Real Estate Conveyance: Easements/2 and 2 and 2 and 2 and 4 Fairgrounds Road)4 Fairgrounds Road)4 Fairgrounds Road)4 Fairgrounds Road) To see if the Town will vote to authorize the Board of Selectmen to grant permanent access and utility easements for the purposes of installing, operating and maintaining certain electric distribution and telecommunication lines and equipment for the purposes of transmitting electricity and intelligence, on, over, through and under land owned by the Town situated at 2 and 4 Fairgrounds Road; and 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 Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to grant permanent access and utility easements for the purposes of installing, operating and grant permanent access and utility easements for the purposes of installing, operating and grant permanent access and utility easements for the purposes of installing, operating and grant permanent access and utility easements for the purposes of installing, operating and maintaining certain electric distrmaintaining certain electric distrmaintaining certain electric distrmaintaining certain electric distributionibutionibutionibution and telecommunication lines andand telecommunication lines andand telecommunication lines andand telecommunication lines and equipment for the equipment for the equipment for the equipment for the purposes ofpurposes ofpurposes ofpurposes of transmittingtransmittingtransmittingtransmitting electricity and intelligence, on, over, through and under land owned by electricity and intelligence, on, over, through and under land owned by electricity and intelligence, on, over, through and under land owned by electricity and intelligence, on, over, through and under land owned by the Town situated at 2 and 4 Fairgrounds Roadthe Town situated at 2 and 4 Fairgrounds Roadthe Town situated at 2 and 4 Fairgrounds Roadthe Town situated at 2 and 4 Fairgrounds Road.... BOARD OF SELECTMEN COMMENT: The Board of Selectmen sBOARD OF SELECTMEN COMMENT: The Board of Selectmen sBOARD OF SELECTMEN COMMENT: The Board of Selectmen sBOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance upports the Finance upports the Finance upports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 90 90 90 90 (Real (Real (Real (Real Estate Conveyance: Easement/Harborview Way)Estate Conveyance: Easement/Harborview Way)Estate Conveyance: Easement/Harborview Way)Estate Conveyance: Easement/Harborview Way) To see if the Town will vote to authorize the Board of Selectmen to grant to National Grid, its parents or affiliates, permanent access and utility easements for the purpose of installing, operating and maintaining certain electric distribution equipment on, over, through and under land owned by the Town situated on the southerly side of Harborview Way, shown as Parcel 42.4.2 9 on Assessor’s Map 42; and 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 Board of Moved that the Board of Moved that the Board of Moved that the Board of SelectmenSelectmenSelectmenSelectmen is is is is authorized to authorized to authorized to authorized to grant grant grant grant to National Grid, its parents or affiliates, permanent access and utility easements for the to National Grid, its parents or affiliates, permanent access and utility easements for the to National Grid, its parents or affiliates, permanent access and utility easements for the to National Grid, its parents or affiliates, permanent access and utility easements for the purpose of installpurpose of installpurpose of installpurpose of installing, operating and maintaining certain electric distribution equipment ing, operating and maintaining certain electric distribution equipment ing, operating and maintaining certain electric distribution equipment ing, operating and maintaining certain electric distribution equipment and and and and Page 126 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions lines lines lines lines on, over, through and under land owned by the Town situated on the southerly side of on, over, through and under land owned by the Town situated on the southerly side of on, over, through and under land owned by the Town situated on the southerly side of on, over, through and under land owned by the Town situated on the southerly side of Harborview Way, shown as Parcel 42.4.2 9 on Assessor’s Map 42Harborview Way, shown as Parcel 42.4.2 9 on Assessor’s Map 42Harborview Way, shown as Parcel 42.4.2 9 on Assessor’s Map 42Harborview Way, shown as Parcel 42.4.2 9 on Assessor’s Map 42.... BOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENTBOARD OF SELECTMEN COMMENTBOARD 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 9 9 9 91111 (Real Estate Conveyance: Easement/Airport)(Real Estate Conveyance: Easement/Airport)(Real Estate Conveyance: Easement/Airport)(Real Estate Conveyance: Easement/Airport) To see if the Town will vote to authorize the Airport Commission to convey, grant or otherwise dispose of permanent easements over Town property located off Airport Road, known as Land Court Plan 14342, Lot D-5, and Town Assessor Map 78, Parcel 1 and as shown on the plan entitled “Nantucket Memorial Airport – Electrical Utility Location,” dated 3/11/09 and on file with the Town Clerk, for the purposes of transmitting electricity to such property; and to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to Moved that the Board of Selectmen is hereby authorized to convey, grant or convey, grant or convey, grant or convey, grant or otherwise dispose of permanent easements otherwise dispose of permanent easements otherwise dispose of permanent easements otherwise dispose of permanent easements to National Grid, its parents or to National Grid, its parents or to National Grid, its parents or to National Grid, its parents or affiliates affiliates affiliates affiliates over Town property located off Airport Road, known as Land Court Plan 14342, Lot Dover Town property located off Airport Road, known as Land Court Plan 14342, Lot Dover Town property located off Airport Road, known as Land Court Plan 14342, Lot Dover Town property located off Airport Road, known as Land Court Plan 14342, Lot D---- 5, and Town Assessor Map 78, Parcel 1 and as shown on the plan entitled “Nantucket 5, and Town Assessor Map 78, Parcel 1 and as shown on the plan entitled “Nantucket 5, and Town Assessor Map 78, Parcel 1 and as shown on the plan entitled “Nantucket 5, and Town Assessor Map 78, Parcel 1 and as shown on the plan entitled “Nantucket MemoMemoMemoMemorial Airport rial Airport rial Airport rial Airport –––– Electrical Utility Location,” dated 3/11/09 and on file with the Town Clerk, for Electrical Utility Location,” dated 3/11/09 and on file with the Town Clerk, for Electrical Utility Location,” dated 3/11/09 and on file with the Town Clerk, for Electrical Utility Location,” dated 3/11/09 and on file with the Town Clerk, for the purposes of transmitting electricity to such propertythe purposes of transmitting electricity to such propertythe purposes of transmitting electricity to such propertythe purposes of transmitting electricity to such property.... BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.Committee Motion.Committee Motion.Committee Motion. ARTICLEARTICLEARTICLEARTICLE 9 9 9 92222 (Real Estate Conveyance: (Real Estate Conveyance: (Real Estate Conveyance: (Real Estate Conveyance: North Pasture)North Pasture)North Pasture)North Pasture) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, grant or otherwise dispose of a conservation restriction and easement over a portion located at the westerly portion of a certain parcel of land shown on Nantucket Tax Assessor’s Map 78, Parcel 5, located east of the Airport, for the Nantucket Hunting Association’s mitigation as required by the Massachusetts Natural Heritage and Endangered Species Program. Said easement area will consist of a minimum of 18 acres within a 27 acre lease area. All as shown as Lot 3 on a map by Blackwell & Associates Inc dated Sept. 3 2009 with Planning Board file number 7243 and filed herewith at the Office of the Town Clerk; or, to take any other action related thereto. (Steven Holdgate, et al) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized Moved that the Board of Selectmen is authorized Moved that the Board of Selectmen is authorized Moved that the Board of Selectmen is authorized to sell, to sell, to sell, to sell, convey, grant or otherwise dispose of a conservation restriction and easement over a portion convey, grant or otherwise dispose of a conservation restriction and easement over a portion convey, grant or otherwise dispose of a conservation restriction and easement over a portion convey, grant or otherwise dispose of a conservation restriction and easement over a portion located at the westerly portionlocated at the westerly portionlocated at the westerly portionlocated at the westerly portion of a certain parcel of land shown on Nantucket Tax Assessor’s of a certain parcel of land shown on Nantucket Tax Assessor’s of a certain parcel of land shown on Nantucket Tax Assessor’s of a certain parcel of land shown on Nantucket Tax Assessor’s Map 78, Parcel 5, located east of the Airport, for mitigation as required by the Massachusetts Map 78, Parcel 5, located east of the Airport, for mitigation as required by the Massachusetts Map 78, Parcel 5, located east of the Airport, for mitigation as required by the Massachusetts Map 78, Parcel 5, located east of the Airport, for mitigation as required by the Massachusetts Natural Heritage aNatural Heritage aNatural Heritage aNatural Heritage and Endangered Species Program. nd Endangered Species Program. nd Endangered Species Program. nd Endangered Species Program. Said easement area will consist of a Said easement area will consist of a Said easement area will consist of a Said easement area will consist of a minimum of 1minimum of 1minimum of 1minimum of 18 acres8 acres8 acres8 acres within a 27 acre lease area, a within a 27 acre lease area, a within a 27 acre lease area, a within a 27 acre lease area, all as shown as Lot 3 on a map by Blackwell ll as shown as Lot 3 on a map by Blackwell ll as shown as Lot 3 on a map by Blackwell ll as shown as Lot 3 on a map by Blackwell & Associates, Inc. dated Sept. 3, 2009 with Planning Board file number 7243.& Associates, Inc. dated Sept. 3, 2009 with Planning Board file number 7243.& Associates, Inc. dated Sept. 3, 2009 with Planning Board file number 7243.& Associates, Inc. dated Sept. 3, 2009 with Planning Board file number 7243. Page 127 Town of Nantucket 2010 Annual 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. ARTICARTICARTICARTICLELELELE 9 9 9 93333 (Real Estate Conveyance: South Pasture)(Real Estate Conveyance: South Pasture)(Real Estate Conveyance: South Pasture)(Real Estate Conveyance: South Pasture) To see if the Town will vote to authorize the Board of Selectmen to enter into a long term lease for the purpose of the storage of boats and related maritime equipment and for the purpose of a boat maintenance facility, offices, storage and meeting space to support community based nonprofit sailing programs such as offered by Nantucket Community Sailing, Inc., a nonprofit organization, for a period not to exceed 99 years on a parcel of land not exceeding five acres within certain land known as South Pasture, described as Assessor’s Map 78, parcel 4, and located off Madequecham Valley Road, or take any other action related thereto. (Diane L. Brown, et al) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved that the Board of SelectMoved that the Board of SelectMoved that the Board of SelectMoved that the Board of Selectmen men men men bebebebe authorized to lease authorized to lease authorized to lease authorized to lease up to five acres within lots “F”; “I” and/or “G” (a subset of Assessor Map 78up to five acres within lots “F”; “I” and/or “G” (a subset of Assessor Map 78up to five acres within lots “F”; “I” and/or “G” (a subset of Assessor Map 78up to five acres within lots “F”; “I” and/or “G” (a subset of Assessor Map 78,,,, Parcel 4) Parcel 4) Parcel 4) Parcel 4) substantially as shown on a plan titled “Subdivision of Land in Nantucket, MA” dated December substantially as shown on a plan titled “Subdivision of Land in Nantucket, MA” dated December substantially as shown on a plan titled “Subdivision of Land in Nantucket, MA” dated December substantially as shown on a plan titled “Subdivision of Land in Nantucket, MA” dated December 15, 2009 by Blackwell and Associates for boat,15, 2009 by Blackwell and Associates for boat,15, 2009 by Blackwell and Associates for boat,15, 2009 by Blackwell and Associates for boat, marine equipment and accessory storage, boat marine equipment and accessory storage, boat marine equipment and accessory storage, boat marine equipment and accessory storage, boat maintenance, and office/meeting use(s) which may support community based sailing programs maintenance, and office/meeting use(s) which may support community based sailing programs maintenance, and office/meeting use(s) which may support community based sailing programs maintenance, and office/meeting use(s) which may support community based sailing programs for up to 99 years subject to the following general terms and conditions:for up to 99 years subject to the following general terms and conditions:for up to 99 years subject to the following general terms and conditions:for up to 99 years subject to the following general terms and conditions: The initial leased premises parcel shall not The initial leased premises parcel shall not The initial leased premises parcel shall not The initial leased premises parcel shall not exceed three acres in area;exceed three acres in area;exceed three acres in area;exceed three acres in area; The initial lease term shall not exceed 20 years and may incThe initial lease term shall not exceed 20 years and may incThe initial lease term shall not exceed 20 years and may incThe initial lease term shall not exceed 20 years and may include renewal periods of not lude renewal periods of not lude renewal periods of not lude renewal periods of not moremoremoremore than 10 years; than 10 years; than 10 years; than 10 years; The Marine Department of the Town of Nantucket shall oversee the general The Marine Department of the Town of Nantucket shall oversee the general The Marine Department of the Town of Nantucket shall oversee the general The Marine Department of the Town of Nantucket shall oversee the general management of the parcel(s) and may set rules amanagement of the parcel(s) and may set rules amanagement of the parcel(s) and may set rules amanagement of the parcel(s) and may set rules and regulations regarding any aspect of nd regulations regarding any aspect of nd regulations regarding any aspect of nd regulations regarding any aspect of the management of the lease including but not limited to its operation within the leased the management of the lease including but not limited to its operation within the leased the management of the lease including but not limited to its operation within the leased the management of the lease including but not limited to its operation within the leased premises, subject to the approval of the Town Manager;premises, subject to the approval of the Town Manager;premises, subject to the approval of the Town Manager;premises, subject to the approval of the Town Manager; The Board of Selectmen shall conduct an analysis of the industrially zoneThe Board of Selectmen shall conduct an analysis of the industrially zoneThe Board of Selectmen shall conduct an analysis of the industrially zoneThe Board of Selectmen shall conduct an analysis of the industrially zoned land prior to d land prior to d land prior to d land prior to the issuance of an offer to lease said property for the purposes of this article and shall the issuance of an offer to lease said property for the purposes of this article and shall the issuance of an offer to lease said property for the purposes of this article and shall the issuance of an offer to lease said property for the purposes of this article and shall present its findings at a public meeting;present its findings at a public meeting;present its findings at a public meeting;present its findings at a public meeting; andandandand The leased premises shall be offered subject to the provisions of M.G.L. Chapter 30B.The leased premises shall be offered subject to the provisions of M.G.L. Chapter 30B.The leased premises shall be offered subject to the provisions of M.G.L. Chapter 30B.The leased premises shall be offered subject to the provisions of M.G.L. Chapter 30B. BOARD OF SELECTMBOARD OF SELECTMBOARD OF SELECTMBOARD OF SELECTMEN COMMENT:EN COMMENT:EN COMMENT:EN 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 99994444 (Appropriation: Stabilization Fund)(Appropriation: Stabilization Fund)(Appropriation: Stabilization Fund)(Appropriation: Stabilization Fund) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of the Stabilization Fund in accordance with chapter 40, s. 5B of the General Laws, from which appropriations may be made by a two-thirds vote of an Annual or Special Town Meeting for any purpose for which a municipality may borrow money or for any other lawful purpose; said sum not to exceed ten Page 128 Town of Nantucket 2010 Annual Town Meeting Warrant with Finance Committee Motions percent (10%) of the Fiscal Year 2010 tax levy. Or, to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved to take no a Moved to take no a Moved to take no a Moved to take no action on the Article.ction on the Article.ction on the Article.ction on the Article. 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 99995555 (Appropriation: Free Cash)(Appropriation: Free Cash)(Appropriation: Free Cash)(Appropriation: Free Cash) To see what sum the Town will vote to transfer from Free Cash in the treasury to meet the appropriations for the ensuing Fiscal Year and to authorize the Assessors to use in the fixing the tax rate, pass any vote, or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION:FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Moved to take no action on the Article. Moved to take no action on the Article. Moved to take no action on the Article. BOARD OF SEBOARD OF SEBOARD OF SEBOARD OF SELECTMEN COMMENT:LECTMEN COMMENT:LECTMEN COMMENT:LECTMEN 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. D N STAR LNSHESHADY LNGR A N T A VHAMBLIN RDHIGHLAND AMOOERS AVCLIFF RD KINGS WYCLIFF R DDERRYMORE RDCABOT LNNANTUCKET AVPAUL JONES RD DELANEY RDDERRY LN DARTMOUTH LN N LIBERTY STGIFFORD S T PILGRIM RDDERRYMOR E R D BROOKS FARM RDPILGRIM RD SUNS ET W CHESTER S T W CHE S PRISCI L L A L N N L IBERTY ST W CH E S T E R S T FRANK L I N S T GROVE LNWDERHOUSE LNOSNOLD RDINCKLEY LNCROO K ED L N WYERS WYWAY W WAYWAY WAY WAYWESTMOOR LNN NEW LNCLIFF LN 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 38 Map A Legend Buildings Article 38 (Town) Parcel Lines Sewer District 1 inch equals 125 feet Bylaw Amendment: Board of Sewer Commissioners Sewer District Map Changes MILY STSCONSET AV BURNELL STSCONSET AVCOMEAU LNTOWADDY LNROSALY LN CLIFTON ST NORTH SIAS RD BUTTERFLY LN SANKATY RDSOUTH RDCOFFIN SIAS ST LINDBERG AVCOFFIN SIAS S T NOSEGAY LN N GU L L Y R D B R O A D WAYSHELL STPITMAN RDKING ST LINCOLN SIAS STCODFISH PARK RDJEFFE R S O N S T JACK S O N S T NEW SIAS S TNEW SIAS S T FA W C E T T W YFOLGERS CTBANK STW SANKATY RDCENTER SIAS STBEA C HS TRONT STRK LNKER HILL RDPEL STRK RDPLAINFIELD RD BURNELL STNEW SI A S S T BAXTER RDWAYWAY WAYWAYWAYWAYWAYData 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 38 Map B Legend Buildings DPW Sewer Parcel Lines Sewer District 1 inch equals 119 feet Bylaw Amendment: Board of Sewer Commissioners Sewer District Map Changes SANKATY RDISOBELS WY BAXTER RDJENNIFER LN SANKATY RDEMILY STSCONSET AV BURNELL STSCONSET AVCOMEAU LNTOWADDY LNROSALY LN CLIFTON ST NORTH SIAS RD BUTTERFLY LN SANKATY RDSOUTH RDCOFFIN SIAS ST LINDBERG AVCOFFIN SIAS S T NOSEGAY LN N GU L L Y R D B R O A D WAYSHELL STPITMAN RDKING ST LINCOLN SIAS STCODFISH PARK RDJEFFE R S O N S T JACK S O N S T NEW SIAS S TNEW SIAS S T FA W C E T T W YFOLGERS CTBANK STW SANKATY RDNTER SIAS STT STNHILL RDSTRDPLAINFIELD RD BURNELL STNEW SIAS S T WAY "" WAY WAY WAY BAXTER RDWAYWAY WAYWAYWAYWAYWAYBAYBER MEETINGHOUSE LN ANNS LNELDRIDGE LN BEECHCROFT WY Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 39 Legend Buildings Article 39 Proposed additions Already in Sewer District Parcel Lines Sewer District 1 inch equals 227 feet Bylaw Amendment: Board of Sewer Commissioners Siasconset Sewer District Map Changes OND RDHWAYAURORA WYData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 40 Legend Buildings Article 40 Parcel Lines Sewer District 1 inch equals 50 feet Bylaw Amendment: Board of Sewer Commissioners Town Sewer District R D LL E R L N U R F S I D E R D DAFFODIL LNEVER G R E E N W Y B O U L E V A R D E LOVERS LNBLUEB E R R Y L N SURFSIDE RDFIELD AVFOLGER AVERRY S T B O U L E V A R D E LOVERS LNPOCHICK AV IRVING STWEWEEDER AV PLUM STWEWEEDER AV WEWEEDER AV WEWEEDER AV NOBADEER AV ADAMS STNOBADEER AVPLUM STNONANTUM AV LOVERS LANEIRVING STNONANTUM AV POPLAR STSURFSIDE RDWOODBINE STAURIGA STSTATION STDAV K IM L N HERO L N WO O D L A N D D R MACYS LNBEACH PLUM AVGLADLANDS AVPLOV E R L N SKYLINE DR S SHORE RDSKYLINE DRMONOHANSETT RDWEBSTER RDMEQUASH AV WH I T E S T MONOHANSETT RDORE RDOKORWAW AV PEQUOT STMASAQUET AV POCHICK AV MONOHANSETT RDFOLGER AVPOCHICK AV POCHICK AV B O U L E V A R D EFIELD AVHOLLY STIRVING STPEQUOT STSURFSIDE RDVERNON STWAVERLY STUNCATENA STMADEQUECHAM VLY RDCLIFFORD STHAWTHORNE STBOULEVARDENONANTUM AV MYLESSTANDISH STNOBADEER AV DUNHAM STWESTERN AV STURGIS PINES LWOODBINE STMORGAN SQCANONICUS STEAGLES WING WYNAUSHON WYData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 43 Parts 1-5 Legend Buildings Article 43 - Split Zones Type LUG-2 to LUG-1 LUG-2 to R-20 LUG-3 to R-20 R-20 to LUG-2 R-20 to LUG-3 Parcel Lines 1 inch equals 282 feet Zoning Change: Split Zoning District Corrections - Various Locations R - 20 LUG - 3 LUG - 3 LUG - 2 LUG - 3 LUG - 1 LUG - 1 LUG - 2 LUG - 2 LUG - 3 R - 20 R AM OS PL E A S A N T S T FIRST WCOW P O N D L N LENS LNC A R T W R I G HSACH INWC HOOPER FARMDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 43 Part 6 Legend Buildings R-10 to RC Parcel Lines 1 inch equals 50 feet Zoning Change: Split Zoning District Corrections - Various Locations R - 10 R - 1 RC SANKATY RDISOBELS WY BAXTER RDJENNIFER LN SANKATY RDEMILY STSCONSET AV BURNELL STSCONSET AVCOMEAU LNTOWADDY LNROSALY LN CLIFTON ST NORTH SIAS RD BUTTERFLY LN SANKATY RDSOUTH RDCOFFIN SIAS ST LINDBERG AVCOFFIN SIAS S T NOSEGAY LN N GU L L Y R D B R O A D WAYSHELL STPITMAN RDKING ST LINCOLN SIAS STCODFISH PARK RDJEFFER SRS CTATY RDSTP O L P I S R D BAXTER RD BARN A R D V A L L E Y R D SA N K A T Y R D PLAINFIELD RD BURNELL STWAYWA Y WAY WAYWAY WAY "" WAY WAY WAY BAXTER RDWAYWAY WAYWAYWAYWAYAYBAYBERRY SIAS LN MEETINGHOUSE LN ANNS LNELDRIDGE LN BEECHCROFT WY Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 43 Parts 7 - 9 Legend Article 43 - Split Zones Type LUG-3 to SR-20 SR-1 to LUG-3 SR-20 to LUG-3 Parcel Lines 1 inch equals 362 feet Zoning Change: Split Zoning District Corrections - Various LocationsSR - 20 LUG - 3 LUG - 3 SR - 1 M ID D LE VALLEY RDSHIMMO POND RDRABG A R D N E R R DNORTH RDSHAWKEMO RDG A R D N E R R DVALLEY R D Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 43 Part 10 Legend Buildings LUG-3 to LUG-1 Parcel Lines 1 inch equals 100 feet Zoning Change: Split Zoning District Corrections - Various Locations LUG - 1 LUG - 3 Harbor EEL POIN T R D EEL P O I N T R D HUCKLEBERRY LNEEL 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 MADA K E T R D K S T BAR R ETT F A MASSASOIT BRIDGE RD K S T O K A LAHOMA AVOAK L AND S T LONG POND DRWA SHIN GT O N A V NORTH POND RDLAVENDAR LNDIONIS BEACH RALLIANCE LN EEL P O I N T R D RANGER RDRENOWN RDEEL P O I E E L PO I N T R D DOUGLAS WY DOUGLAS WY BRAEBURN WYDOUGLAS WY E E L P O I N T R D GREENLEAF RDRICHAR D S L A N DI N G R D CREEK L N MAS S TENNESS E E A V MASS A S OI T B RI D G E R D S CAMBR IDGE STMADAKET R D TEN N E S S E E A V ARKA N S A S A V WAYWA Y WAYWAY WAYWAY WAYWAY WAY WAYWAYWAY WAYWAY WAY WAYEEL POINT RDRIDGE 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 WASHI N G T O N A V WASHI N G T O N A VM S T N CAMBRIDGE S T N CAMBRIDGE ST N CAMBRIDGE STFINTRY LNWORTH RDL 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, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 44 Legend LUG-2 to LUG-3 Parcel Lines 1 inch equals 450 feet Zoning Change: Eel Point Road LUG - 2 R - 20 LUG - 3 LUG - 2 Map/Parcel Address Land Area (sq. ft.) Footprint (sq. ft.)Ground Cover 37/1 Eel Point Road 609800 0 0.00% 37/2 Eel Point Road 42960 0 0.00% 37/3 Eel Point Road 436 0 0.00% 34/1 Eel Point Road 4286000 0 0.00% 33/1 187 Eel Point Road 348500 0 0.00% 33/2 185 Eel Point Road 19170 0 0.00% 33/3 183 Eel Point Road 331900 0 0.00% 33/4 16 Lavendar Lane 101900 0 0.00% 33/23 8 Lavendar Lane 241800 4412 1.82% 33/5 169 Eel Point Road 2836000 7375 0.26% 33/9 141 Eel Point Road 586300 0 0.00% 33/6 Eel Point Road 1307 0 0.00% 33/7 155 Eel Point Road 583700 0 0.00% 33/8 151 Eel Point Road 304900 0 0.00% 33/10 Eel Point Road 27880 0 0.00% 38/37 Off Warren's Landing 561900 0 0.00% 38/38 Off Warren's Landing 483500 0 0.00% 38/39 Off Warren's Landing 174200 0 0.00% 38/3 136 Eel Point Road 2611000 0 0.00% 38/41 Eel Point Road 100200 0 0.00% 38/4 130 Eel Point Road 797100 0 0.00% 38/6 Eel Point Road 52270 0 0.00% 33/18 124 Eel Point Road 835900 0 0.00% 33/24 4 Lavendar Lane 80150 4205 5.25% 32/33 110 Eel Point Road 257000 1228 0.48% 32/32 86 Eel Point Road 223900 0 0.00% 32/31 76 Eel Point Road 600700 0 0.00% 39/2 90 Eel Point Road 7292000 0 0.00% 39/1 90 Eel Point Road 487900 2304 0.47% 38/7 1 Warren's Landing Road 1618000 0 0.00% 38/121 15 Ridge Lane 15250 0 0.00% 38/122 14 Ridge Lane 189100 0 0.00% 38/129 7 Warren's Landing Road 100200 832 0.83% 38/115 28 Ridge Lane 119400 0 0.00% 38/139 13 Warren's Landing Road 97570 0 0.00% 38/131 23 Warren's Landing Road 47920 0 0.00% 38/59 31 Warren's Landing Road 43560 0 0.00% 38/130 16 Warren's Landing Road 97570 0 0.00% 38/92 8 Warren's Landing Road 217800 0 0.00% 38/42 193 Madaket Road 1461000 0 0.00% 38/11.1 233R Madaket Road 489200 0 0.00% 38/11.2 30 Warren's Landing Road 201200 952 0.47% 38/11.3 26 Warren's Landing Road 278800 0 0.00% 38/11.4 32 Warren's Landing Road 167700 3804 2.27% 38/26.3 46 Warren's Landing Road 9148 0 0.00% EEL POINT RESEARCH (Prepared by the Nantucket Planning Office - February 2010) 38/47 48 Warren's Landing Road 15680 0 0.00% 38/48 48 Warren's Landing Road 9148 0 0.00% Map/Parcel Address Land Area Footprint Ground Cover 38/30 55 Warren's Landing Road 775400 0 0.00% 38/29 52 Warren's Landing Road 14200 604 4.25% 38/27 50 Warren's Landing Road 306700 0 0.00% 38/26.1 10 Blue Heron Way 1202000 3593 0.30% 38/25 25 N. Cambridge Street 130500 2926 2.24% 38/24 27 N. Cambridge Street 147900 3741 2.53% 38/22 29 N. Cambridge Street 117600 1384 1.18% 38/158 21 N. Cambridge Street 26790 1167 4.36% 38/159 17 N. Cambridge Street 91690 0 0.00% 38/172 38/171 38/13 N. Cambridge Street 44000 0 0.00% 38/12 34R Warren's Landing Road 594600 0 0.00% 38/170 38/169 38/168 38/167 38/166 38/165 38/164 38/163 38/162 38/161 38/160 N Cambridge St 73180 0 0.00% 38/180 38/179 38/178 38/177 38/176 38/175 38/174 38/173 38/26.2 9 Blue Heron Way 362000 0 0.00% Average Lot Aize (sq. ft.) Average Ground Cover Ratio 565751 1.91% DALEY CT HELENS DRR U D D E R L N K E E L L N HALYARD LNMIACOMET AVAPPLETON RDHELENS DRMIACOMET AVData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 45 Legend Buildings RC-2 to VTEC Parcel Lines 1 inch equals 75 feet Zoning Change: Appleton Road R - 20 R - 10 LUG - 3 RC - 2LUG - 3 R - 20 RC - 2 RC - 2 Map Lot Number Street OwnerLot Size(sq. ft.)Ground Cover(sq. ft.)GCRRC-2 GC Max(sq. ft.)VTEC GC Max(sq. ft.)66 66 43 Appleton RoadKalman94960 12801.3% 47480 664766 502 47 Appleton RoadPapale87120 22322.6% 43560 6098Appleton Road Analysis - RC-2 to VTEC(Prepared by the Planning Office - February 2010 N R D A MOS C T GOLD S T A R D R O L D S O U T H R D FAIRGROUNDS RDLEWIS CTLEWIS CTO L D S O U T H R DAMELIA DRFORREST AVYOUNGS WYYOUNGS WYYOUNGS WYFAIRGROUNDS RDAMELIA DRTOOMBS CTO L D S O U T H R D TIC C O M A W Y TOMS WYYOUNGS WYWAITT DRW AITT D R VIN C E N T CIR P I N E L A N D S D R Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 46 Legend Fairgrounds Parcels Redivision Parcel Lines Article 46 Zoning Change RC - 2 to CN RC - 2 to R-5 1 inch equals 100 feet Zoning Change: Fairgrounds Road and Old South Road CN R - 10 RC - 2 R - 20 RC - 2 LUG - 3 LUG - 3 R - 20 Map Lot Number Street OwnerLot Size(sq. ft.)Ground Cover(sq. ft.)GCR Use Frontage67 41.1 15 Old South Road Ross, Raymond 12196 2296 18.8% Residential and Retail6067 41.2 17 Old South Road Lemberg 14374 1910 13.3% Restaurant7067 41.4 17A Old South Road Van de Water, Vivian67 41.5 17B Old South Road Orellana-Egan, Irene67 41.6 17C Old South Road Wasierski, Henry67 41.3 17 Old South Road Riseborough 7405 2216 29.9% Multi-family (3)4067 667 19 Old South Road Nineteen Old South Road LLC 10454 2204 21.1% Multi-family (4)5067 668 19A Old South Road Nineteen A Old South Road LLC 10018 2232 22.3% Multi-family (4)4067 669 19C Old South Road Nineteen C Old South Road LLC 10454 2204 21.1% Multi-family (4)5367 41 19B Old South Road Nineteen B Old South Road LLC 10890 3626 33.3% Multi-family(3?)/Office55Average Lot SizeAverageGroundCoverRatio10579.88 22.1%408848 1482 16.7% Multi-family (3)(Prepared by the Nantucket Planning Office - February 2010)Old South Road Analysis RC-2 to CN FARMVIEW DRH E N D E R S O N S D RSOMERSET RDS W A Y Z E S D R BARTLETT RDSOMERSET RD W M I A C O M E T R D SOMERSET RDBARTLETT RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 47 Legend Buildings RC-2 to R-10 Parcel Lines 1 inch equals 75 feet Zoning Change: West Miacomet Road and Somerset Road R - 10 RC - 2 RC - 2 LUG - 3 LUG - 3 LUG - 3 RC - 2 LUG - 2 Map Lot Number Street OwnerLot Size(sq. ft.)Ground Cover(sq. ft)GCRFrontage(feet)66 151 126 Somerset RoadFones 26571 1620 6.1% 311 S66 150 130 Somerset RoadSwenson 52707 884 1.7% 215 S66 150.1 2 West Miacomet RoadLong 43560 4992 11.5% 127 WM81 163 132 Somerset RoadRuffino 9583 1344 14.0% 78 S/WM81 160 4 West Miacomet RoadLyden 15681 1232 7.9% 75 WMAverage Lot SizeAverage Ground Cover Ratio29620.4 8.2%Somerset Road/West Miacomet Road RC-2 to R-10(Prepared by the Nantucket Planning Office - February 2010) S W A Y Z E S D R BARTLETT RDSOMERSET RD W M I A C O M E T R D SOMERSET RDBARTLETT RDBARTLETT RD BARTLETT RD Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 48 Legend Buildings Parcel Lines Article 48 Zoning and Town OD Changes RC-2 to CN and add to Town RC-2 to LUG-3 Town OD 1 inch equals 75 feet Zoning Change: Miacomet Golf Club R - 10 LUG - 3 RC - 2 LUG - 3 RC - 2 RC - 2 LUG - 2 MMD LUG - 3 B U N KER RDBUNKER RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January 22, 2010 2010 Annual Town Meeting Warrant Article 49 Legend Buildings Town OD LUG-3 to CI and Country to Town Parcel Lines 1 inch equals 147 feet Zoning Change: South Pasture CI LUG - 3 CI LUG - 3 LUG - 3 S U R F SI D E R DS SHORE RDBEACH PLUM AVWHEROWHERO LN S U R F S I D E R DBEACH PLUM AVWHEROWHERO LN S U R F S I D E R D PLO V E R L N S PA S T U R E L N GLADLANDS AVB CORREIA LN S SHORE RDSURFSIDE RDBLUEB E R R Y L N EAGLES WING WYCORREIA LN MEQUASH A V SURFSIDE RDAVData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 50 Legend Parcel Lines Buildings Article 50 - Zoning Changes Type LUG-2 to LUG-1 LUG-2 to R-40 1 inch equals 115 feet Zoning Change: Surfside Area Plan Surfside West LUG - 1 LUG - 2 ALC LUG - 2 LUG - 1 LUG - 3 Map Lot Number Street OwnerLot Size(sq. ft.)Ground Cover(sq. ft.)GCRFrontage(feet)80 218 20 South Shore Road Ramos 10018 696 6.9% 100 SSR80 116 24 South Shore Road Ramos 87120 2657 3.0% 360 SSR80 178 28 South Shore Road NHP 80150 1792 2.2% 290 SSR80 300 4 Blueberry Lane Lowell 97574 1394 1.4% 150 Blueberry80 301 6 Blueberry Lane Lowell 91040 0 0.0% 150 Blueberry80 302 8 Blueberry Lane Goss 100623 1838 1.8% 214 Blueberry80 297.8 South Pasture Lane Howard 1307 0 0.0% S Pasture 80 297.7 12 South Pasture Lane Webster 99317 3011 3.0% 115 S Pasture80 297.6 10 South Pasture Lane Gird 80150 2904 3.6% 215 S Pasture80 297.5 8 South Pasture Lane Walsh 80150 2762 3.4% 230 S Pasture80 297.4 6 South Pasture Lane Williams 80150 2564 3.2% 230 S Pasture80 297.3 4 South Pasture Lane Killen 80150 3536 4.4% 230 S Pasture80 297.2 25 South Shore Road Paulson 85387 1109 1.3%250 S Pasture300 S ShoreAverage Lot SizeAverage Ground Cover Ratio80585.64 3.1%Map Lot Number Street OwnerLot Size(sq. ft.)Ground Cover(sq. ft.)GCRFrontage(feet)67 74 4 South Shore Road Westerlund 7405 616 8.3% 223 SSR67 337 6 South Shore Road Conte 16988 0 0.0% 140 SSR80 3 8 South Shore Road Cabral 84942 3522 4.1% 360 SSR80 67 and 65 14 South Shore Road Perry 78843 2219 2.8% 200 SSR80 66 18 South Shore Road NHP 27443 688 2.5% 100 SSRAverageLot SizeAverageGround Cover Ratio43124.2 4.4%Surfside West Analysis LUG-2 to LUG-1Surfside West Analysis LUG-2 to R-40(Prepared by the Nantucket Planning Office - February 2010)(Prepared by the Nantucket Planning Office - February 2010) Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 51 Legend Buildings Parcel Lines Surfside South Zoning Changes Zoning Change LUG-2 to LUG1 LUG-2 to LUG-3 LUG-3 to R-20 R-20 or LUG-2 to LUG-3 R-20 to LUG-3 1 inch equals 200 feet Zoning Change: Surfside Area Plan Surfside South LUG - 2 LUG - 1 R - 20 LUG - 2 LUG - 3 LUG - 2 LUG - 3 LUG - 3 LUG - 2 Map Parcel Property Address Owner Lot SizeGround CoverGCR Frontage LUG-1 Dividable ?79 27 62 Lovers Lane Murray and Ferris 84857 0 0.00% 450 Lovers Y - 1 new lot79 77 52 Pochick Avenue Ed Fawcett 50000 1844 3.69% 103 Pochick79 128 54 Pochick Avenue Lawrence Bossidy 47183 3688 7.82% 100 Pochick79 163 58 Pochick Avenue Joseph Motta 95222 2192 2.30% 193 Pochick, 476 on ??? Y - 1 new lot79 162 60 Pochick Avenue Reema Sherry 125593 2490 1.98% 247 Pochick Y - 1 new lots79 178 64 Pochick Avenue Henrietta Mills 47758 0 0.00% 100 Pochick79 177 66 Pochick Avenue NHA 47089 1704 3.62% 100 Pochick, 475 Irving79 176 21 Irving Street Dan Rockett 70633 3364 4.76% 350 Irving 79 156 68 Pochick Avenue Andrew Hausman 25000 976 3.90% 200 Irving 79 155 70 Pochick Avenue Mike Pligavko 115707 0 0.00% 230 Irving Y - 1 new lot79 154 72 Pochick Avenue John Fox 33117 1032 3.12% 53 Pochick79 118 27 Okorwaw Avenue Doug Kepple 63383 1840 2.90% 150 Pochick79 67 11 Adams Street Richard Diamond 23812 1443 6.06% 97 Adams79 68 75 Pochick Avenue Barbara White 48954 1776 3.63% 201 Pochick79 14 54 Weweeder Avenue Susan Mead 52238 0 0.00% 200 Weweeder79 15 50 Weweeder Avenue Harriet Koch 50757 0 0.00% 200 Weweeder79 70 69R Pochick Avenue Rhoda Weinman, Trustee 30247 0 0.00% 150 Vernon79 119 69 Pochick Avenue Jane Gerard 19161 1546 8.07% 200 Pochick79 120 67 Pochick Avenue NHA 24000 0 0.00% 98 Pochick, 240 Vernon79 121 15 Irving Street Mike Pligavko 14851 0 0.00% 150 Irving79 72 13 Irving Street William Strittmatter 49625 2468 4.97% 197 Weweeder79 157 17 Irving Street NHA 8753 1200 13.71% 94 Pochick79 158 18 Irving Street NHA 4508 1100 24.40% 50 Pochick79 160 Irving Street NHA 4223 0 0.00% 50 Pochick79 159 61 Pochick Avenue Oliver Carr 28533 1350 4.73% 100 Pochick79 122 14 Irving Street Robert Hausslein 20343 1496 7.35% 100 Irving79 73 12 Irving Street Paul Heintz 39964 1776 4.44% 197 Irving79 125 59 Pochick Avenue Marion Vaccari 119178 2972 2.49% 244 Irving, 175 Weweeder Y - 1 new lot79 126 57 Pochick Avenue Chris Magee 79096 1425 1.80% 320 Boulevard, 230 Pochick Maybe 1 new lot79 127 53 Pochick Avenue Marie Lemberg 12348 968 7.84% 136 Pochick79 76 55 Pochick Avenue Ed Lemberg 11570 1400 12.10% 220 BoulevardAverage Lot SizeAverageGroundCoverRatio46700.097 6.17%Surfside South(Prepared by the Nantucket Planning Office - February 2010) Map Parcel Property Address Owner Lot SizeGround CoverGCR Frontage LUG-1 Dividable ?8038and 219.21 Weweeder Avenue Michael Payte 57934 1220 2.11% 87 Weweeder, 200 Pochick80 37 4 Nobadeer Avenue TON 100,188 0 0.00% 220 Weweeder Y - 1 new lot80 102 4 Weweeder Avenue Charles Krueger 55321 714 1.29% 180 Weweeder80 102.1 6 Weweeder Avenue William Brandt 55321 1065 1.93% 160 PochickMedianLot SizeMedianGroundCoverRatio56627.5 1.93% M ARBLE W YBARTLETT RDSOMERSET RDSOMERSET LNM A R B L E WY BARTLETT RDSO M ER SET R D CLA R A D R RACEWAY DRBARTLETT RDHAT C H CI TODD CI CL ARA DRSOMERSET RDS M O O T H H U M M O C K S W Y Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 52 Legend Buildings Parcel Lines Town Overlay Distict Article 52 - Somerset Rd/Ln Zoning Change LUG-2 to R-40 Town to Country 1 inch equals 100 feet Zoning Change: Somerset Road and Somerset Lane Map Lot Number Street OwnerLot Size(sq. ft.)Ground Cover(sq. ft.)GCRFrontage(feet)66 135 91 Somerset Road Glidden 129809 456 0.4% 369 SR66 135.1 89 Somerset Road Hunter66 135.2 43 Somerset Lane #1 Hunter66 135.7 89 Somerset Road #2 Mosscrop66 135.3 37 Somerset Lane Kyberg 81457 2368 2.9% 148 SL66 135.4 39 Somerset Lane Reinbergs 83199 2916 3.5% 160 SL66 135.5 41 Somerset Lane Glidden 113256 3488 3.1% 195 SL66 135.6 35 Somerset Lane 81457 1764 2.2% 160 SLAverage Lot SizeAverage GroundCoverRatio83852.83 3.8%75 SL155 SR13939 1508 10.8%Somerset Road/Lane Analysis LUG-2 to R-40(Prepared by the Nantucket Planning Office - February 2010) BREW S T ER S A L T MA RSH RD SANDWICH RDCHAT HA M R DMO MONOMOY RDSASACHUMET LN STONE RD BREW S T E R RD MONOMOY RDBREW S T E R R D SA N D W I C H R D SALT MARSH RD POUT PON D R DMONOMOY RDCHAT H A M R D POL PI S R D CHATHAM RD M ONOMOY RDMILESTONE RD MILESTONE RDSASACHUMET LN Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 53 Legend Buildings Parcel Lines LUG-1 to VR 1 inch equals 75 feet Zoning Change: Monomoy VR LUG - 1 LUG - 3 LUG - 3 RC - 2 VR LUG - 1 Map Lot Number StreetLot Size(sq. ft.)Existing GC(sq. ft.)GCRMax LUG-1 GC(sq. ft)Max VR GC(sq. ft.)Ground Cover Expansion(sq. ft.)Frontage(feet)54 138 9 Monomoy Road 40075 2452 6.1% 2805 4008 1202216 Monomoy54 196 11 Monomoy Road 30056 1968 6.5% 2104 3006 902129 Monomoy54 198 13 Monomoy Road 36154 3083 8.5% 2531 3615 1085176 Monomoy54 200 15 Monomoy Road 15681 1456 9.3% 1098 1568 47075 Monomoy54 203 17 Monomoy Road 33106 3930 11.9% 2317 3311 993150 MonomoyAverage Lot SizeAverage Ground Cover Ratio31014 8.5%Median Lot SizeMedian Ground Cover Ratio33106 8.5%MONOMOY RESEARCH(Prepared by the Nantucket Planning Office - February 2010) ERTY STLILY STFRAN K L I N S T NEW LNGROVE LN SNA K E A L N LIBE R T Y S T WESTLILY STN LIBERTY STWOODBURY LNHUSSEY ST BROCKS CT ODBURY LN Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 February 12, 2010 2010 Annual Town Meeting Warrant Article 59 Legend Article 59 Town Land Buildings Parcel Lines 1 inch equals 50 feet Home Rule Petition: Land Bank Real Estate Conveyance Building Removed Building Moved to 42.3.4 2 Approximately 5,000 sq ft. Lily Pond (Land Bank) LOVERS LANENOBADEER A V CLIFFORD STBOULEVARDEHARRIET STNOBADEER AV IRVING STDUNHAM STIRVING STMYLES STANDISH STLOVERS LANEHAWTHORNE STData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 67 Legend Buildings County to Town Parcel Lines 1 inch equals 50 feet Home Rule Petition: Conveyance of Land from County to Town NBURY LNSTONE POST WYHAWKS C I PACKE T D RSTONE POST WYSLEETWING C I CANNONBURY LNHAWKS C I LO W BEAC H R D PO N D S T Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Articles 72 + 73 Legend Buildings Pine Street Parcel Lines 1 inch equals 100 feet Real Estate Acquisition and Disposition: Pine Street, Siasconset SANKATY RDISOBELS WY BAXTER RDJENNIFER LN SANKATY RDEMILY STSCONSET AV BURNELL STSCONSET AVCOMEAU LNTOWADDY LNROSALY LN CLIFTON ST NORTH SIAS RD BUTTERFLY LN SANKATY RDSOUTH RDCOFFIN SIAS ST LINDBERG AVCOFFIN SIAS S T NOSEGAY LN N GU L L Y R D B R O A DSHELL STPITMAN RDKING S TCOLN SIAS STPARK RDPLAINFIELD RD BURNELL STWAY "" WAY WAY WAY BAXTER RDWAYWAY BAYBERRY SIAS LN MEETINGHOUSE LN ANNS LNELDRIDGE LN BEECHCROFT WY Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Articles 74 + 75 Legend Buildings Siasconset Bluffwalk Connections Town Owned Land Parcel Lines 1 inch equals 217 feet Real Estate Acquisition and Disposition: Connections to Siasconset Bluffwalk B O U L E V A R D E LOVERS LNY LN SURFSIDE RDB O U L E V A R D E LOVERS LNPOCHICK AV IRVING STWEWEEDER AV PLUM STWEWEEDER AV WEWEEDER AV WEWEEDER AV NOBADEER AV ADAMS STNOBADEER AVPLUM STNONANTUM AV LOVERS LANEIRVING STNONANTUM AV POPLAR STSURFSIDE RDWOODBINE STAURIGA STLANDS AVSKYLINE DRWEBSTER RDMEQUASH AV WH I T E S T MONOHANSETT RD OKORWAW AV PEQUOT STMASAQUET AV OCHICK AV MONOHANSETT RDPOCHICK AV POCHICK AV B O U L E V A R D EHOLLY STIRVING STPEQUOT STSURFSIDE RDVERNON STWAVERLY STUNCATENA STCLIFFORD STHAWTHORNE STBOULEVARDENONANTUM AV MYLESSTANDISH STNOBADEER AV DUNHAM STTERN AV WOODBINE STCANONICUS STEAGLES WING WYNAUSHON WYData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Articles 76 + 77 Legend Buildings "Paper" Streets in Surfside Parcel Lines 1 inch equals 200 feet Real Estate Acquisition and Disposition: "Paper" Streets in Surfside M O NOHANSETT RDMONOHANSETT R D MONOHANSETT RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Articles 78 + 79 Legend Buildings Paper Streets, Surfside Parcel Lines 1 inch equals 100 feet Real Estate Acquisition and Disposition: Paper Streets, Surfside SACCACHA AV TRINITY AV S MIACOMET AV M A T T APOISETT AV WALL STMATTAPOISETT AV MARION AV WESTERWYCK WYAUSTINE LOCMA R I O N A V LSTData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Articles 80 + 81 (Map A) Legend Buildings Articles 80 and 81 Parcel Lines 1 inch equals 50 feet Real Estate Acquisition and Conveyance: Various Parcels, Cisco LOVERS LND E LOVERS LNIRVING STWEWEEDER AV WEWEEDER AV ADAMS STLOVERS LANEIRVING STSKYLINE DR SKYLINE DRMONOHANSETT RDWEBSTER RDWH I T E S T MONOHANSETT RD OKORWAW AV MONOHANSETT RDPOCHICK AV B O U L E V A R D E IRVING STVERNON STWAVERLY STMADEQUECHAM VLY RDCLIFFORD STHAWTHORNE STBOULEVARDENOBADEER AV Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 81 (Map B) Legend Buildings Article 81 Parcel Lines 1 inch equals 205 feet Real Estate Conveyance: Various Parcels 79 140.1 88 19 ARSH RD SANDWICH RDCHAT HA M R D MILESTONE RDMOY RDTAWPOOSASACHUMET LN Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 81 (Map C) Legend Buildings Article 81 Parcel Lines 1 inch equals 100 feet Real Estate Conveyance: Various Parcels L YON MF L O R A S T FRANCT W IN S T MULBE R R Y S T L Y O N S T UNI ON STM U L B E R R Y S T OR A NG E S T LYON S T JE F F E R S O N L N W E Y M O U T H S T P I N E S T EAGLE L N JEFFE R S O N L N E D O V E R S T SILVER S T PL EASANT STY O R K S T S MILL STW DOV E R S T COON S T COTT A G E C T YORK S T EDI T HS WYBEAV E R S T YORK ST B O Y E R S A L L E Y W Y WARR E N S T ORANGES S P NEW S T Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 82 Legend Buildings Article 82 Parcel Lines 1 inch equals 50 feet Real Estate Disposition: West Dover Street BIRD LN MI L L E R L N WAY NOB A D E E R W Y MI LLGOL MARY ANPINE TREOLD S O U T H R D MACYS LNPINE CREST DEGAN LNWITHERSD A F F O D I L L N Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 83 Map A Legend Article 83 Buildings Parcel Lines 1 inch equals 75 feet Real Estate Conveyances: Miller Way; former Nonamtum Avenue parcel, and West Tristram Avenue E T RISTRAM AV E TRIS T R A M A V HUCKLEBERRY LNN SWIFT ROCK RDDIONIS BEACH RDHUCKLTHRData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 83 Map B Legend Town Land Article 83 Buildings Parcel Lines 1 inch equals 75 feet Real Estate Conveyances: Miller Way; former Nonamtum Avenue parcel, and West Tristram Avenue Land Bank Land Bank Dionis Beach LOVERS LANENOBADEER A V CLIFFORD STBOULEVARDEHARRIET STNOBADEER AV IRVING STDUNHAM STIRVING STLOVERS LANEHAWTHORNE STData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 83 Map C Legend Article 83 Town Land Buildings Parcel Lines 1 inch equals 47 feet Real Estate Conveyances: Miller Way; former Nonamtum Avenue parcel, and West Tristram Avenue Land Bank Land Bank Beach Access (stairs) Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Articles 84 + 85 Legend Buildings Parcel Lines Articles 84 + 85 1 inch equals 75 feet Real Estate Acquisition and Disposition: Gardner Rd P L E A S A N T S SPARKS AV FIR ST W Y C A R T W R I G H T P LALLENS LNHOOPER FARMCOW POND LNData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 86 Legend Article 86 Buildings Parcel Lines 1 inch equals 50 feet Real Estate Acquisition and Disposition 42R Sparks Ave a/k/a Cow Pond Road ANNONBURY LNU N D HAWKS C I STONE POST WYPACKET D R SLEETWIN G C I S I L V E R S T LOW BEA C H R D Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 87 Map A Legend Town Land Article 87 Buildings Parcel Lines 1 inch equals 100 feet Real Estate Dispositions: Low Beach Road, Monohasett Road, and Arkansas Avenue L LNEVER G REEN W Y B O U L E V A R D E LOVERS LNRY LN SURFSIDE RDB O U L E V A R D E LOVERS LNPOCHICK AV IRVING STWEWEEDER AV PLUM STWEWEEDER AV WEWEEDER AV WEWEEDER AV NOBADEER AV ADAMS STNOBADEER AVPLUM STNONANTUM AV LOVERS LANEIRVING STNONANTUM AV POPLAR STSURFSIDE RDWOODBINE STAURIGA STO O D L A N D D R MACYS LNGLADLANDS AVN SKYLINE DR SKYLINE DRMONOHANSETT RDWEBSTER RDMEQUASH AV WH I T E S T MONOHANSETT RD OKORWAW AV PEQUOT STMASAQUET AV POCHICK AV MONOHANSETT RDPOCHICK AV POCHICK AV B O U L E V A R D EHOLLY STIRVING STPEQUOT STSURFSIDE RDVERNON STWAVERLY STUNCATENA STMADEQUECHAM VLY RDCLIFFORD STHAWTHORNE STBOULEVARDENONANTUM AV MYLESSTANDISH STNOBADEER AV DUNHAM STSTERN AV WOODBINE STCANONICUS STEAGLES WING WYNAUSHON WYData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 87 Map B Legend Article 87 Buildings Parcel Lines 1 inch equals 266 feet Real Estate Dispositions: Low Beach Road, Monohasett Road, and Arkansas Avenue Structures shown on this parcel are long-term encroachments by an abutting property owner. MIS UTA H A V US A V A R KANS AS AVSTARBUCK RDA R K A N S A S A V N C A R O LIN A A V GOOSE COVE AVSTARBUCK RDS C A R O LIN A A V CO L U MBUS AV MIDL A N D A V STARBUCK RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 87 Map C Legend Article 87 Buildings Parcel Lines 1 inch equals 50 feet Real Estate Dispositions: Low Beach Road, Monohasett Road, and Arkansas Avenue N E W T O W N R D A R T W R I G H T P L R AMO S C THOOPE GOLD S T A R D R WA Y D A L E R D O L D S O U T H R D WA Y D A L E R D FAIRGROUNDS RDLEWIS CTWA Y D A L E R D LEWIS CTO L D S O U T H R DAMELIA DRRUSTYS WYFORREST AVT R O T T E R S L N YOUNGS WYYOUNGS WYYOUNGS WYFAIRGROUNDS RDAMELIA DRTOOMBS CTTIC C O M A W Y TOMS WYYOUNGS WYWAITT DRW AITT D R VIN C E NT CIR P I N E L A N D S D R Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 88 Legend Article 88 Fairgrounds Proposed Redivision Buildings Parcel Lines 1 inch equals 100 feet Real Estate Disposition: Long-term Lease Authorization, 2 Fairgrounds Road N E W T O W N R D A R T W R I G H T P L R AMO S C THOOPE GOLD S T A R D R WA Y D A L E R D O L D S O U T H R D WA Y D A L E R D FAIRGROUNDS RDLEWIS CTWA Y D A L E R D LEWIS CTO L D S O U T H R DAMELIA DRRUSTYS WYFORREST AVT R O T T E R S L N YOUNGS WYYOUNGS WYYOUNGS WYFAIRGROUNDS RDAMELIA DRTOOMBS CTTIC C O M A W Y TOMS WYYOUNGS WYWAITT DRW AITT D R VIN C E NT CIR P I N E L A N D S D R Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 89 Legend Article 89 Buildings Parcel Lines 1 inch equals 100 feet Real Estate Conveyance: Easements 2 and 4 Fairgrounds Road WALSH STWILLARD ST N B E A C H S T SWAIN ST EASTO N S T C O R N IS H S T MACKA Y W Y EASTON S T HARBO R VI E W W Y S BEACH STN W A T E R S T S E A S T S T E P L N S BEACH STASH ST WHAL E R S L N STEAMBO A T W F ASH LN N WATER SBROAD S T HARBOR V IEW WAY Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 90 Legend Buildings Article 90 Parcel Lines 1 inch equals 75 feet Real Estate Conveyance: Easement/Harborview Way WAY NOB A D E E R W Y MI L L E R L N DAFFODIL LNEEN WY D NOARROOLD SOUTH R D MACYS LNMACYS LNMONOHANSETT RDBUNKER RDRIGGE R RD DAISY W Y Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 91 Legend Buildings Article 91 Parcel Lines 1 inch equals 137 feet Real Estate Conveyance: Easement/Airport Proposed Easement RUSSELLS WYRUSSELLS WYB U N KER RDBUNKER RMBUNKER RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 92 Legend Buildings Article 92 Area of Mitigation Parcel Lines 1 inch equals 200 feet Real Estate Conveyance: North Pasture RUSSELLS WYN E WARROWHEAD DRW I B U N KER RDMADEQUECHAM VLYBUNKER RDCI GER RD Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 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, 2008. 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 2 Fairgrounds Road 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 November 5, 2009 2010 Annual Town Meeting Warrant Article 93 Legend Buildings Article 93 Parcel Lines 1 inch equals 200 feet Real Estate Conveyance: South Pasture