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HomeMy WebLinkAbout04042011 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  2011 ANNUAL TOWN MEETING 2011 The following is a summary of the articles called and discussed, and the vote taken by the 2011 Annual Town Meeting held at the Nantucket High School, Mary P. Walker Auditorium, 10 Surfside Road, on April 4, 2011. Monday, April 4 – Meeting called to order at 6:12 PM. There were 478 registered voters when the meeting was called to order. There were ultimately 602 voters present. / 10:06 PM, Unanimous Vote to recess until Tuesday, April 5, 2011 at 6 PM. Ten articles were discussed, then voted. A “Pot” of 86 articles were not called for discussion, and were voted as recommended by the FinCom or Planning Board, with technical corrections brought forward through the Moderator. Tuesday, April 5 – Meeting called to order at 6:13 PM. There were 312 when the meeting was called to order. There were ultimately 395 voters present. / 10:05 PM, Unanimous Vote to recess until Wednesday, April 6, 2011 at 6 PM. Ten Articles were discussed, then voted. Wednesday, April 6 – Meeting called to order at 6:00 PM. There were 145 when the meeting was called to order. There were ultimately 194 voters present. Eleven articles were discussed, then voted. / 10:05 PM, beloved Selectman Brian Chadwick moved to adjourn the 2011 Annual Town Meeting. The Motion was adopted by Unanimous Voice Vote. The following [“The Pot of Uncalled Articles”] were voted in accordance with the motions recommended by the Finance Committee or, in the absence of a Finance Committee motion, then in accordance with the motions as recommended by the Planning Board, as printed in the Finance Committee Report, with technical amendments brought forward during the course of the meeting: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 32, 34, 36, 38, 40, 41, 43, 45, 46, 47, 48, 49, 50, 51, 53, 55, 56, 61, 62, 65, 66, 67, 71, 74, 75, 76, 77, 78, 79, 80, 81, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 94, 95, 96, 98, 99, 100, 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 and 117. ______________________________________________________________ 1 2 Article 1: Receipt of Reports (Not Called) Adopted by Unanimous Voice Vote Article 2: Appropriation: Unpaid Bills (Not Called) Adopted by Unanimous Voice Vote Article 3: Appropriation: Prior Year Articles (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 4: Revolving Accounts: Annual Authorization (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 5: Appropriation: Reserve Fund (Not Called) Adopted by Unanimous Voice Vote Article 6: FY 2011 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 7: Personnel Compensation Plans for FY 2012 (Called) Adopted with Technical Amendment by Majority Voice Vote Article 8: Appropriation: FY 2012 General Fund Operating Budget (Not Called) Adopted by Unanimous Voice Vote Article 9: Appropriation: Health and Human Services (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 10: Appropriation: General Fund Capital Expenditures (Not Called) Adopted by Unanimous Voice Vote Article 11: Appropriation: Enterprise Funds Operation (Not Called) Adopted by Unanimous Voice Vote Article 12: Appropriation: Enterprise Funds Capital Expenditures (Not Called) Adopted by Unanimous Voice Vote Article 13: Enterprise Funds: Fiscal Year 2011 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 14: Waterways Improvement Fund (Not Called) Adopted by Unanimous Voice Vote Article 15: Appropriation: Ambulance Reserve Fund(Not Called) Adopted by Unanimous Voice Vote Article 16: Appropriation: County Assessment (Not Called) Adopted by Unanimous Voice Vote Article 17: Appropriation: Finalizing Fiscal Year 2011 County Budget (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 18: Rescind Unused Borrowing Authority (Not Called) Adopted by Unanimous Voice Vote 3 Article 19: Appropriation: Ferry Embarkation Fee (Not Called) Adopted by Unanimous Voice Vote Article 20: Appropriation: Collective Bargaining Agreement/Our Island Home (Not Called) Adopted by Unanimous Voice Vote Article 21: Appropriation: Collective Bargaining Agreement/Fire (Not Called) Take No Action by Unanimous Voice Vote Article 22: Appropriation: Collective Bargaining Agreement/Airport (Not Called) Adopted by Unanimous Voice Vote Article 23: Appropriation: Collective Bargaining Agreement/Wannacomet Water (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 24: Appropriation: Collective Bargaining Agreement/DPW (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 25: Appropriation: Collective Bargaining Agreement/Police – Superior Officers (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 26: Appropriation: Collective Bargaining Agreement/Police – Patrol Officers (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 27: Fiscal Year 2010 Budget Transfers: Community Preservation Committee (Not Called) Adopted by Unanimous Voice Vote Article 28: Appropriation: Community Preservation Committee (Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 29: Fiscal Year 2012 Budget Transfers: Community Preservation Committee (Not Called) Adopted by Unanimous Voice Vote Article 30: Appropriation: Community Preservation Committee (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 31: Home Rule Petition: Expansion of Room Occupancy Tax to Seasonal Vacation Rentals (Called) Not Adopted by Handcount Vote: YES – 245; NO - 262 Article 32: Appropriation: Septic System Repair Financing Program (Not Called) Adopted by Unanimous Voice Vote Article 33: Appropriation: Sewer Capital Debt Repayment (Called) Adopted by Majority Voice Vote Article 34: Appropriation: Retroactive Military Payment (Not Called) Adopted by Unanimous Voice Vote Article 35: Appropriation: Construction and Roadway Taking Costs for Surfside Area Roads (Called) Moved to Take No Action by Majority Voice Vote. 4 Article 36: Appropriation and Authorization for Road Layouts and Takings (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 37: Layout of Miller Lane (Called) Adopted with Technical Amendment by Majority Voice Vote Article 38: Appropriation: Plan and Construction of Tom Nevers Bike Lane (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 39: Appropriation: Mosquito Control (Called) Adopted as Moved by Kenneth Giles by Unanimous Voice Vote Article 40: Appropriation: Municipal Grant Writer (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 41: Legal Costs Reimbursement (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 42: Proprietors of the Common and Undivided Land of the Islands of Nantucket/Trust of Henry Coffin: Trustees (Called) Adopted as Moved by Catherine Stover by Unanimous Voice Vote. Article 43: Nantucket Memorial Airport Revenue (Not Called) Moved to Defer Action by Unanimous Voice Vote Article 44: Real Estate: Expansion of Purpose on Landfill Site (Called) Non-binding Resolution in Support Adopted by Majority Voice Vote Article 45: Appropriation: Construction of Wind Turbines on Landfill Site (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 46: Zoning Bylaw Amendment: Wind Energy Overlay District (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 47: Sewer Map Change and Zoning Map Change: Island Lumber – RC-2 to VN and VR (Not Called) Adopted by Unanimous Voice Vote. Article 48: Zoning Map Change: Surfside Road – RC-2 to CN and R-5 (Not Called) Adopted by Unanimous Voice Vote Article 49: Zoning Map Change: Miacomet Avenue (Not Called) Adopted by Unanimous Voice Vote Article 50: Zoning Map Change: Fairgrounds and Rugged Road (Not Called) Adopted by Unanimous Voice Vote Article 51: Zoning Map Change: Surfside – Nobadeer Avenue, Surfside Road, Weweeder Avenue, Atlantic Avenue, and Masaquet Avenue (Not Called) Adopted by Unanimous Voice Vote 5 Article 52: Zoning Map Change: Hummock Pond (Called) Not Adopted by Handcount Vote: YES – 97; NO - 161 Article 53 Zoning Map Change: Split Zoning District Correction – Wauwinet/Squam/ McKechnie (Not Called) Adopted by Unanimous Voice Vote Article 54 Zoning Map Change: Bartlett Road/Walsh (Called) Adopted by Handcount Vote: YES – 206; NO – 65. 2/3 = 181 Article 55: Zoning Map Change: Howard, Gardner, Main Streets/Hanley (Not Called) Adopted by Unanimous Voice Vote Article 56: Zoning Change: Swift Rock Road – LUG-2 to LUG-1/Bamber (Not Called) Adopted by Unanimous Voice Vote Article 57: Zoning Change: First Way, Backus Lane, Allen’s Way, Third, Fourth, and Fifth Way – R-10 to R-1/Valero (Called) Adopted as Amended by Cormac Collier by Declared 2/3 Majority Voice Vote Article 58: Zoning Bylaw Amendment: Swimming Pools (Called) Adopted as Moved and Amended by Dirk Roggeveen by Declared 2/3 Majority Voice Vote Article 59: Zoning Bylaw Amendment: Parking Structures/Sanders (Called) Not Adopted by Handcount Vote: YES – 193; NO – 165 2/3 = 239 Article 60: Zoning Bylaw Amendment: Lot Area/Collier (Called, Call Withdrawn) Adopted by Majority Voice Vote Article 61: Zoning Bylaw Amendment: Accessory Use - VTEC (Not Called) Adopted by Unanimous Voice Vote Article 62: Zoning Bylaw Amendment: VTEC/Johnson (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 63: Zoning Bylaw Amendment: Secondary Lots (Called) Adopted as Amended by Planning Board by Unanimous Voice Vote Article 64: Zoning Bylaw Amendment: Technical Corrections/Miscellaneous (Called) Adopted as Technically Amended by Planning Board by Unanimous Voice Vote Article 65: Bylaw Amendment: Management of Coastal Properties Owned by the Town (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 66: Bylaw Amendment: Committees/Capital Program Committee (Not Called) Adopted by Unanimous Voice Vote Article 67: Bylaw Amendment: Committees/Finance Committee (Not Called) Adopted by Unanimous Voice Vote 6 Article 68: Bylaw Amendment: Council for Human Services (Called) Adopted as Moved and Amended by Mary Wawro by Handcount Vote: YES – 129; NO - 95 Article 69: Bylaw Amendment: Council for Human Services (Called, Call Withdrawn) Not Adopted by Unanimous Voice Vote Article 70: Bylaw Amendment: Community Preservation Committee (Called) Not Adopted by Majority Voice Vote Article 71: Bylaw Amendment: Adoption of Stretch Code (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 72: Bylaw Amendment: Sewer Commissioners, Board of (Called) Not Adopted by Majority Voice Vote Article 73: Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes (Called) Not Adopted by Unanimous Voice Vote Article 74: Bylaw Amendment: Town Sewer District Map Change (Not Called) Adopted By Unanimous Voice Vote Article 75: Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District (Not Called) Adopted by Unanimous Voice Vote Article 76: Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes (Not Called) Adopted by Unanimous Voice Vote Article 77: Bylaw Amendment: Car Rental Agencies, Registration of (Not Called) Adopted by Unanimous Voice Vote Article 78: Amendments to Town of Nantucket Affordable Housing Trust Fund – Declaration of Trust (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 79: Acceptance of Massachusetts General Law Pertaining to Quarterly Tax Payments (Not Called) Adopted by Unanimous Voice Vote Article 80: Home Rule Petition: Amendment of Historic District Commission Act/Dutra (Not Called) Adopted by Unanimous Voice Vote Article 81: Home Rule Petition: Land Bank Real Estate Conveyance (Not Called) Adopted by Unanimous Voice Vote Article 82: Home Rule Petition: Land Bank Real Estate Conveyance (Called) Adopted by Unanimous Voice Vote Article 83: Home Rule Petition: Harbor & Shellfish Advisory Board (Not Called) Adopted by Unanimous Voice Vote 7 Article 84: Home Rule Petition: Planning Process (Not Called) Adopted by Unanimous Voice Vote Article 85: Home Rule Petition: Conveyance of Land from County to Town (Not Called) Adopted by Unanimous Voice Vote Article 86: Home Rule Petition: Nantucket Sewer Act Amendment (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 87: Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket (Not Called) Adopted by Unanimous Voice Vote Article 88: Home Rule Petition: Town Charter Amendment (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 89: Real Estate Disposition: Dreamland Theatre Easement/Liddle (Not Called) Adopted by Unanimous Voice Vote Article 90: Authorization for Real Estate Conveyance: Hulbert Avenue Extension/Lamb (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 91: Real Estate Acquisition: 77 Washington Street/Soverino (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 92: Real Estate Acquisition: 50 Union Street/Sarkesian (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 93: Real Estate Conveyance: Authorization/22 Federal Street (Called) Adopted by Declared 2/3 Majority Voice Vote Article 94: Real Estate Conveyance: Authorization/37 Washington Street (Called, Call Withdrawn) Moved to Take No Action by Unanimous Voice Vote Article 95: Long Term Lease Authorization: Airport (Not Called) Adopted by Unanimous Voice Vote Article 96: Long Term Lease Authorization: Surfside WTF (Not Called) Adopted by Unanimous Voice Vote Article 97: Long Term Lease Authorization: Wannacomet (Called) Adopted by Unanimous Voice Vote Article 98: Real Estate Acquisition: Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote Article 99: Real Estate Conveyance: Paper Streets, Surfside (Not Called) Adopted by Unanimous Voice Vote Article 100: Real Estate Acquisition: Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote 8 Article 101: Real Estate Conveyance: Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote Article 102: Real Estate Acquisition: Land and Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote Article 103: Real Estate Conveyance: Land and Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote Article 104: Real Estate Conveyance: 144 Surfside Road/Webster (Not Called) Adopted by Unanimous Voice Vote Article 105: Real Estate Acquisition: Paper Street (Opposite Ann’s Lane) in Siasconset (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 106: Real Estate Conveyance: Paper Street (Opposite Ann’s Lane) in Siasconset (Called) Adopted as Technically Amended by Finance Committee by Unanimous Voice Vote Article 107: Real Estate Acquisition: Various Paper Streets (Not Called) Adopted by Unanimous Voice Vote Article 108: Real Estate Conveyance: Various Paper Streets(Not Called) Adopted by Unanimous Voice Vote Article 109: Real Estate Acquisition: Miscellaneous Land (Not Called) Adopted by Unanimous Voice Vote Article 110: Real Estate Conveyance: Miscellaneous Land (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 111: Real Estate Conveyance: Transfer of Miscellaneous Town Land to Airport (Called, Call Withdrawn) Adopted as Technically Amended by Finance Committee by Unanimous Voice Vote Article 112: Real Estate Conveyance: Miscellaneous Land (Not Called) Adopted by Unanimous Voice Vote Article 113: Real Estate Conveyance: Industrial Land (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 114: Real Estate Conveyance: Easement – Madequecham Valley Road (Called, Call Withdrawn) Adopted as Technically Amended by the Finance Committee by Unanimous Voice Vote Article 115: Real Estate Conveyance: Grant of Easement 143A Surfside Road (Not Called) Adopted by Unanimous Voice Vote 9 Article 116: Appropriation: Stabilization Fund (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 117: Appropriation: Free Cash (Not Called) Moved to Take No Action by Unanimous Voice Vote Winners of the Glamorous Door Prizes were drawn by Selectman Brian Chadwick: Megan Oberg Yankee Candle Al Peterson Colonial Flameless Candle Lantern CFS Chocolate Cake certificate, CFS book Marcia Aguiar Town 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  2011 ANNUAL TOWN MEETING 2011 The following is a summary of the articles called and discussed, and the vote taken by the 2011 Annual Town Meeting held at the Nantucket High School, Mary P. Walker Auditorium, 10 Surfside Road, on April 4, 2011. Monday, April 4 – Meeting called to order at 6:12 PM. There were 478 registered voters when the meeting was called to order. There were ultimately 602 voters present. / 10:06 PM, Unanimous Vote to recess until Tuesday, April 5, 2011 at 6 PM. Ten articles were discussed, then voted. A “Pot” of 86 articles were not called for discussion, and were voted as recommended by the FinCom or Planning Board, with technical corrections brought forward through the Moderator. Tuesday, April 5 – Meeting called to order at 6:13 PM. There were 312 when the meeting was called to order. There were ultimately 395 voters present. / 10:05 PM, Unanimous Vote to recess until Wednesday, April 6, 2011 at 6 PM. Ten Articles were discussed, then voted. Wednesday, April 6 – Meeting called to order at 6:00 PM. There were 145 when the meeting was called to order. There were ultimately 194 voters present. Eleven articles were discussed, then voted. / 10:05 PM, beloved Selectman Brian Chadwick moved to adjourn the 2011 Annual Town Meeting. The Motion was adopted by Unanimous Voice Vote. The following [“The Pot of Uncalled Articles”] were voted in accordance with the motions recommended by the Finance Committee or, in the absence of a Finance Committee motion, then in accordance with the motions as recommended by the Planning Board, as printed in the Finance Committee Report, with technical amendments brought forward during the course of the meeting: 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 32, 34, 36, 38, 40, 41, 43, 45, 46, 47, 48, 49, 50, 51, 53, 55, 56, 61, 62, 65, 66, 67, 71, 74, 75, 76, 77, 78, 79, 80, 81, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 94, 95, 96, 98, 99, 100, 101, 102, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116 and 117. ______________________________________________________________ 1 2 Article 1: Receipt of Reports (Not Called) Adopted by Unanimous Voice Vote Article 2: Appropriation: Unpaid Bills (Not Called) Adopted by Unanimous Voice Vote Article 3: Appropriation: Prior Year Articles (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 4: Revolving Accounts: Annual Authorization (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 5: Appropriation: Reserve Fund (Not Called) Adopted by Unanimous Voice Vote Article 6: FY 2011 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 7: Personnel Compensation Plans for FY 2012 (Called) Adopted with Technical Amendment by Majority Voice Vote Article 8: Appropriation: FY 2012 General Fund Operating Budget (Not Called) Adopted by Unanimous Voice Vote Article 9: Appropriation: Health and Human Services (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 10: Appropriation: General Fund Capital Expenditures (Not Called) Adopted by Unanimous Voice Vote Article 11: Appropriation: Enterprise Funds Operation (Not Called) Adopted by Unanimous Voice Vote Article 12: Appropriation: Enterprise Funds Capital Expenditures (Not Called) Adopted by Unanimous Voice Vote Article 13: Enterprise Funds: Fiscal Year 2011 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 14: Waterways Improvement Fund (Not Called) Adopted by Unanimous Voice Vote Article 15: Appropriation: Ambulance Reserve Fund(Not Called) Adopted by Unanimous Voice Vote Article 16: Appropriation: County Assessment (Not Called) Adopted by Unanimous Voice Vote Article 17: Appropriation: Finalizing Fiscal Year 2011 County Budget (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 18: Rescind Unused Borrowing Authority (Not Called) Adopted by Unanimous Voice Vote 3 Article 19: Appropriation: Ferry Embarkation Fee (Not Called) Adopted by Unanimous Voice Vote Article 20: Appropriation: Collective Bargaining Agreement/Our Island Home (Not Called) Adopted by Unanimous Voice Vote Article 21: Appropriation: Collective Bargaining Agreement/Fire (Not Called) Take No Action by Unanimous Voice Vote Article 22: Appropriation: Collective Bargaining Agreement/Airport (Not Called) Adopted by Unanimous Voice Vote Article 23: Appropriation: Collective Bargaining Agreement/Wannacomet Water (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 24: Appropriation: Collective Bargaining Agreement/DPW (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 25: Appropriation: Collective Bargaining Agreement/Police – Superior Officers (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 26: Appropriation: Collective Bargaining Agreement/Police – Patrol Officers (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 27: Fiscal Year 2010 Budget Transfers: Community Preservation Committee (Not Called) Adopted by Unanimous Voice Vote Article 28: Appropriation: Community Preservation Committee (Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 29: Fiscal Year 2012 Budget Transfers: Community Preservation Committee (Not Called) Adopted by Unanimous Voice Vote Article 30: Appropriation: Community Preservation Committee (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 31: Home Rule Petition: Expansion of Room Occupancy Tax to Seasonal Vacation Rentals (Called) Not Adopted by Handcount Vote: YES – 245; NO - 262 Article 32: Appropriation: Septic System Repair Financing Program (Not Called) Adopted by Unanimous Voice Vote Article 33: Appropriation: Sewer Capital Debt Repayment (Called) Adopted by Majority Voice Vote Article 34: Appropriation: Retroactive Military Payment (Not Called) Adopted by Unanimous Voice Vote Article 35: Appropriation: Construction and Roadway Taking Costs for Surfside Area Roads (Called) Moved to Take No Action by Majority Voice Vote. 4 Article 36: Appropriation and Authorization for Road Layouts and Takings (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 37: Layout of Miller Lane (Called) Adopted with Technical Amendment by Majority Voice Vote Article 38: Appropriation: Plan and Construction of Tom Nevers Bike Lane (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 39: Appropriation: Mosquito Control (Called) Adopted as Moved by Kenneth Giles by Unanimous Voice Vote Article 40: Appropriation: Municipal Grant Writer (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 41: Legal Costs Reimbursement (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 42: Proprietors of the Common and Undivided Land of the Islands of Nantucket/Trust of Henry Coffin: Trustees (Called) Adopted as Moved by Catherine Stover by Unanimous Voice Vote. Article 43: Nantucket Memorial Airport Revenue (Not Called) Moved to Defer Action by Unanimous Voice Vote Article 44: Real Estate: Expansion of Purpose on Landfill Site (Called) Non-binding Resolution in Support Adopted by Majority Voice Vote Article 45: Appropriation: Construction of Wind Turbines on Landfill Site (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 46: Zoning Bylaw Amendment: Wind Energy Overlay District (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 47: Sewer Map Change and Zoning Map Change: Island Lumber – RC-2 to VN and VR (Not Called) Adopted by Unanimous Voice Vote. Article 48: Zoning Map Change: Surfside Road – RC-2 to CN and R-5 (Not Called) Adopted by Unanimous Voice Vote Article 49: Zoning Map Change: Miacomet Avenue (Not Called) Adopted by Unanimous Voice Vote Article 50: Zoning Map Change: Fairgrounds and Rugged Road (Not Called) Adopted by Unanimous Voice Vote Article 51: Zoning Map Change: Surfside – Nobadeer Avenue, Surfside Road, Weweeder Avenue, Atlantic Avenue, and Masaquet Avenue (Not Called) Adopted by Unanimous Voice Vote 5 Article 52: Zoning Map Change: Hummock Pond (Called) Not Adopted by Handcount Vote: YES – 97; NO - 161 Article 53 Zoning Map Change: Split Zoning District Correction – Wauwinet/Squam/ McKechnie (Not Called) Adopted by Unanimous Voice Vote Article 54 Zoning Map Change: Bartlett Road/Walsh (Called) Adopted by Handcount Vote: YES – 206; NO – 65. 2/3 = 181 Article 55: Zoning Map Change: Howard, Gardner, Main Streets/Hanley (Not Called) Adopted by Unanimous Voice Vote Article 56: Zoning Change: Swift Rock Road – LUG-2 to LUG-1/Bamber (Not Called) Adopted by Unanimous Voice Vote Article 57: Zoning Change: First Way, Backus Lane, Allen’s Way, Third, Fourth, and Fifth Way – R-10 to R-1/Valero (Called) Adopted as Amended by Cormac Collier by Declared 2/3 Majority Voice Vote Article 58: Zoning Bylaw Amendment: Swimming Pools (Called) Adopted as Moved and Amended by Dirk Roggeveen by Declared 2/3 Majority Voice Vote Article 59: Zoning Bylaw Amendment: Parking Structures/Sanders (Called) Not Adopted by Handcount Vote: YES – 193; NO – 165 2/3 = 239 Article 60: Zoning Bylaw Amendment: Lot Area/Collier (Called, Call Withdrawn) Adopted by Majority Voice Vote Article 61: Zoning Bylaw Amendment: Accessory Use - VTEC (Not Called) Adopted by Unanimous Voice Vote Article 62: Zoning Bylaw Amendment: VTEC/Johnson (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 63: Zoning Bylaw Amendment: Secondary Lots (Called) Adopted as Amended by Planning Board by Unanimous Voice Vote Article 64: Zoning Bylaw Amendment: Technical Corrections/Miscellaneous (Called) Adopted as Technically Amended by Planning Board by Unanimous Voice Vote Article 65: Bylaw Amendment: Management of Coastal Properties Owned by the Town (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 66: Bylaw Amendment: Committees/Capital Program Committee (Not Called) Adopted by Unanimous Voice Vote Article 67: Bylaw Amendment: Committees/Finance Committee (Not Called) Adopted by Unanimous Voice Vote 6 Article 68: Bylaw Amendment: Council for Human Services (Called) Adopted as Moved and Amended by Mary Wawro by Handcount Vote: YES – 129; NO - 95 Article 69: Bylaw Amendment: Council for Human Services (Called, Call Withdrawn) Not Adopted by Unanimous Voice Vote Article 70: Bylaw Amendment: Community Preservation Committee (Called) Not Adopted by Majority Voice Vote Article 71: Bylaw Amendment: Adoption of Stretch Code (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 72: Bylaw Amendment: Sewer Commissioners, Board of (Called) Not Adopted by Majority Voice Vote Article 73: Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes (Called) Not Adopted by Unanimous Voice Vote Article 74: Bylaw Amendment: Town Sewer District Map Change (Not Called) Adopted By Unanimous Voice Vote Article 75: Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District (Not Called) Adopted by Unanimous Voice Vote Article 76: Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes (Not Called) Adopted by Unanimous Voice Vote Article 77: Bylaw Amendment: Car Rental Agencies, Registration of (Not Called) Adopted by Unanimous Voice Vote Article 78: Amendments to Town of Nantucket Affordable Housing Trust Fund – Declaration of Trust (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 79: Acceptance of Massachusetts General Law Pertaining to Quarterly Tax Payments (Not Called) Adopted by Unanimous Voice Vote Article 80: Home Rule Petition: Amendment of Historic District Commission Act/Dutra (Not Called) Adopted by Unanimous Voice Vote Article 81: Home Rule Petition: Land Bank Real Estate Conveyance (Not Called) Adopted by Unanimous Voice Vote Article 82: Home Rule Petition: Land Bank Real Estate Conveyance (Called) Adopted by Unanimous Voice Vote Article 83: Home Rule Petition: Harbor & Shellfish Advisory Board (Not Called) Adopted by Unanimous Voice Vote 7 Article 84: Home Rule Petition: Planning Process (Not Called) Adopted by Unanimous Voice Vote Article 85: Home Rule Petition: Conveyance of Land from County to Town (Not Called) Adopted by Unanimous Voice Vote Article 86: Home Rule Petition: Nantucket Sewer Act Amendment (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 87: Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket (Not Called) Adopted by Unanimous Voice Vote Article 88: Home Rule Petition: Town Charter Amendment (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 89: Real Estate Disposition: Dreamland Theatre Easement/Liddle (Not Called) Adopted by Unanimous Voice Vote Article 90: Authorization for Real Estate Conveyance: Hulbert Avenue Extension/Lamb (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 91: Real Estate Acquisition: 77 Washington Street/Soverino (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 92: Real Estate Acquisition: 50 Union Street/Sarkesian (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 93: Real Estate Conveyance: Authorization/22 Federal Street (Called) Adopted by Declared 2/3 Majority Voice Vote Article 94: Real Estate Conveyance: Authorization/37 Washington Street (Called, Call Withdrawn) Moved to Take No Action by Unanimous Voice Vote Article 95: Long Term Lease Authorization: Airport (Not Called) Adopted by Unanimous Voice Vote Article 96: Long Term Lease Authorization: Surfside WTF (Not Called) Adopted by Unanimous Voice Vote Article 97: Long Term Lease Authorization: Wannacomet (Called) Adopted by Unanimous Voice Vote Article 98: Real Estate Acquisition: Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote Article 99: Real Estate Conveyance: Paper Streets, Surfside (Not Called) Adopted by Unanimous Voice Vote Article 100: Real Estate Acquisition: Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote 8 Article 101: Real Estate Conveyance: Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote Article 102: Real Estate Acquisition: Land and Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote Article 103: Real Estate Conveyance: Land and Paper Streets in Surfside (Not Called) Adopted by Unanimous Voice Vote Article 104: Real Estate Conveyance: 144 Surfside Road/Webster (Not Called) Adopted by Unanimous Voice Vote Article 105: Real Estate Acquisition: Paper Street (Opposite Ann’s Lane) in Siasconset (Called, Call Withdrawn) Adopted by Unanimous Voice Vote Article 106: Real Estate Conveyance: Paper Street (Opposite Ann’s Lane) in Siasconset (Called) Adopted as Technically Amended by Finance Committee by Unanimous Voice Vote Article 107: Real Estate Acquisition: Various Paper Streets (Not Called) Adopted by Unanimous Voice Vote Article 108: Real Estate Conveyance: Various Paper Streets(Not Called) Adopted by Unanimous Voice Vote Article 109: Real Estate Acquisition: Miscellaneous Land (Not Called) Adopted by Unanimous Voice Vote Article 110: Real Estate Conveyance: Miscellaneous Land (Not Called) Adopted with Technical Amendment by Unanimous Voice Vote Article 111: Real Estate Conveyance: Transfer of Miscellaneous Town Land to Airport (Called, Call Withdrawn) Adopted as Technically Amended by Finance Committee by Unanimous Voice Vote Article 112: Real Estate Conveyance: Miscellaneous Land (Not Called) Adopted by Unanimous Voice Vote Article 113: Real Estate Conveyance: Industrial Land (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 114: Real Estate Conveyance: Easement – Madequecham Valley Road (Called, Call Withdrawn) Adopted as Technically Amended by the Finance Committee by Unanimous Voice Vote Article 115: Real Estate Conveyance: Grant of Easement 143A Surfside Road (Not Called) Adopted by Unanimous Voice Vote 9 Article 116: Appropriation: Stabilization Fund (Not Called) Moved to Take No Action by Unanimous Voice Vote Article 117: Appropriation: Free Cash (Not Called) Moved to Take No Action by Unanimous Voice Vote Winners of the Glamorous Door Prizes were drawn by Selectman Brian Chadwick: Megan Oberg Yankee Candle Al Peterson Colonial Flameless Candle Lantern CFS Chocolate Cake certificate, CFS book Marcia Aguiar Annual Town Meeting 2011 Town of Nantucket Commonwealth of Massachusetts April 4 -6, 2011 Moderator Sarah Alger 1 Night One Tape One Side A Speaker: -- with that I’d like to have Margot Hartmann step up so the doctor’s in the house, if she’d come forward that would be great. (tape interrupted) Tape resumes: (applause) Madame Moderator: this is a citation from the Commonwealth of Massachusetts to the House of Representatives… Be it hereby known to all that the Massachusetts House of Representatives offers its sincerest congratulations to Nantucket Cottage Hospital in recognition of a century of quality care and ambition, ensuring the most utmost attention is given to all those in need of their services. The entire membership extends its very best wishes, and expresses the hope for future good fortune and continued success in all endeavors. Given this 4th day of April, 2011, at the State House in Boston, Massachusetts, by Robert A. Toledo, Speaker of the House, offered by Timothy R. Madden and Senator Dan Wolf. (Applause.) I just wanted to introduce… Steve Anderson, who is Chair of the Board, who is also here with Doctor Hartmann. And now I’d let… Patty Rogeveen just say a few words. Rogeveen: The Board of Selectmen had a special recognition of its own a week or two ago to thank the hospital for all that they do for our island residents, and especially congratulate them on their hundred year anniversary as part of Nantucket Island. Thank you very much. MM: Thank you. Audience: (Applause) MM: We did not read the… proclamation from the Board of Selectmen, but it will be on the hospital website tomorrow… for those of you who wish to read it…. Tim? Tim Madden: The next one I take a lot of pride in brining this forward… unfortunately we’re not in Worcestor. We’re on Nantucket. But I’d like for Jim Lentowski to c come on up if he would, please… Come on Jim, don’t be shy, I saw you check in’ in. Audience: (Applause) 2 Madden: Jim was not expecting this, but I think it’s long overdo, and in last week’s paper I found a perfect… vehicle to bring him to the stage on…. And that was…and I won’t read the whole citation, but in recognition of being honored, the Land Trust Lifetime Achievement Award for Conservation, and most importantly, for the forty plus years you have… dedicated to the people of Nantucket and to the Conservation Foundation. Jim, every time I walk on the properties that the Conservation Foundation owns, and even the Land Bank properties that they… that the Town owns… I can’t help but to think of you, and I often do. Because it’s your stewardship and your insight that has made the foundation, in my opinion, what it is. You’ve worked with many Board members, and we all know how difficult that can be… but you’ve done it for… for so many years. You’ve made those properties special to all of us, and accessible to all of us. You’re a true friend. I actually wore my Whaler tie tonight in honor of you, because, seeing you on the sidelines with your daughter at sporting events, and seeing you out on the moors and at the Cranberry Fests and everything, it’s really one of those treats in life. I also enjoy the emails, but Jim… everyone in this community really appreciates what you and the Foundation have done, and… I just… it wouldn’t be Nantucket without it. So, as much as the hospital’s got many challenges ahead in the future, you have challenges ahead as well. But mostly your goals you’ve achieved and it’s been largely due to—(tape interrupted) (Rest of this side blank) Tape One Side B Speaker: -- still be generating much needed funds without causing great hardship… without causing any hardship— MM: Thank you— Speaker: -- to the renter or the homeowner. I urge you to level the playing field and to vote to adopt this article as written. MM: Thank you… Ms. Wheatley… Wheatley: Thank you Madame Moderator… Nancy Wheatley… Six Right’s Landing… We have had this type of article before us before. We have voted it down before, and I recommend we vote it down again. We… these are not.. these are apples and oranges in terms of what’s going on, and I would point out in our next discussion…we’re going to ask the…t he property owners who own the homes which are rented during the summer to take on a significant financial burden for a very important part of our infrastructure. And, I think that we need to recognize that the taxpayers, the people who own those houses, who enjoy them, who rent them, are a significant part of our community. They’re not…they’re not a piggy bank to which we can go when.. when we seek to find new funds. So please vote against this. MM: Thank you. Ms. Benz. 3 Benz: I would like to ask a question of Mr. Mi—Kopko… if I could. because, having served on the Finance Committee for three years, and seeing the level of cuts that are going through this community, I’d like to ask Mr. Kopko how much revenue might be generated from this. That’s the first question… The second question is, whether it goes into our General Treasury and is used for things like teachers… some of the subsidy that we have for Our Island Home, any kind of thing where we are at the moment trying to cut and scrape to live within our means…and then I’d also like to ask… I don’t see this necessarily as an issue between … innkeepers and people who rent their house. I think this is something that is important to establish for Nantucket. It’s a source of revenue… that we simply are walking away from, and it is done virtually in every other community in our Commonwealth. But I would like to have answers to those questions. MM: Thank you. Let me… let me go around and see if I can get any more questions…and then I’ll come to you Mr. Kopko to answer that. Well, seeing no hands, Mr. Kopko, if you want to give a quick answer. Kopko: Sure, Madame Moderator. Well… I think Mr. Ranney wants to call this the stupidest idea… of the year… I’m not sure… MM: Okay. Yes, up in the back. Speaker: Thank you, Madame Moderator. I’m Flint Ranney. It’s not the stupidest idea, but it’s the worst. We defeated it last year. I think this is the fifth time it’s come up. It’s a new tax on people who have not paid taxes… like this before. They do pay property taxes, which go up every year. They pay income tax on the rental income… and I think it’s an unfair burden on homeowners on Nantucket who… would like to rent their properties for short periods of time, and some for longer periods, to help them pay their taxes, and just to survive. It’s increasing the cost of property ownership on Nantucket, and I don’t think it’s fair… It’s not leveling the playing field at all. It’s… it’s a new tax which is… a burden on our property owners. So I would just say, please just say no. MM: Thank you. Back there in the middle. Mr. Kaiser, do you want to… stand up, then I’ll come to you, Mr. Stott… Kaiser: I’m just curious… of what the definition of short term… does it mean like a week, two weeks, a month, or six months? Is that drawn out, what the… or… twelve months? Kopko: All of that is in the article. it’s in the text of the article. The definition of what constitutes a short term vacation rental is in the article. Kaiser: Give me a quick briefing on it? Are you talking anything less than six months, or what? 4 Kopko: No, it’s… I mean, everybody’s got the Warrant in front of them, and.. hopefully… has read the article at hand… I mean, I don’t want to sit here and read the article… it’s six—I believe it’s sixty days. MM: Sixty consecutive calendar days or less… Kopko: Right. MM: Correct. Mr. Stott… Stott: Thank you, Madame Moderator. My name is Charles Stott, and I’m representing the Madaket Homeowner’s Association, which opposes this article. And I’m also speaking as an individual. Our family … has vacationed here on Nantucket for twenty- five years, and… my wife and I had always hoped to retire here. We bought a house about fourteen years ago… and moved to Nantucket six years ago… But in that interim, the only way that we could pay the two mortgages that we had… was… by earning rental income during the summer. Without that rental income our… Nantucket retirement home would have been just a… a dream. There’s many other Nantucket homeowners in this situation. And the last thing these homeowners need… especially in the current economic crisis… is an excise tax that will make it increasingly more difficult for them to rent their homes and pay their mortgages. There have been a number of news articles… about the number of… foreclosures on Nantucket… and this… tax could very well push some of these folks that are close to foreclosure over the edge. I’d also like to point out that…in Massachusetts General Laws Chapter 64-G… Section One… provides for an occupancy tax on bed and breakfast establishments. Those establishments that have four or more rooms to let. But Section Two exempts Bed and breakfast homes from the excise tax… And a bed and breakfast home is legally defined as… a private owner occupied house… where three or fewer rooms are let… If bed and breakfast homes…which are akin to other commercial lodging establishments… are currently exempt from Massachusetts Occupancy Tax, why should a private homeowner, with a house with perhaps the same three bedrooms… be subjected to… to this Occupancy Tax, and risk the chance of being unable to pay the mortgage by having the… the rental income reduced. Please join us in opposing this article. MM: Mr. Karl? Karl: Thank you, Madame Moderator. I’m Gerry Karl. My wife Janet and I have owned the Chestnut House in town for thirty years. We have been collecting this excise tax and sending it to the State… for decades… it’s been a very painless operation. To begin with, it’s good to be here talking with you people tonight because it’s the only night of the year when there will be this many registered voters, concerned citizens, to hear this story. Now…we have had… trouble getting our story out there to the public. We’ve tried to send letters to the editors of the last three newspapers that have been on this island… and… they’ve never printed any of them, so…we’re happy to be here tonight to talk to this group. Now, you may not be interested specifically… in raising an issue like taxing and guest accommodations…but…the potential revenue from this 5 particular change could bring a million, a million and a half dollars to this town… there’s when you all become interested because it will effect… expenses… which eventually may be reflected positively on smaller… smaller real estate taxes and so on… We… last year brought this idea to the floor…unfortunately it was on day two, and there were thirty percent fewer people… That’s beside the point…. We… we’re told by a gentleman at the lodging… or rather, the real estate labor… that… Speaker: (inaudible calling out) MM: Mr. Karl? Could you hold the mike? Karl: They said that this was… and I quote him…the stupidest idea he had ever heard of. Now, normally we would be a lot calmer about the whole thing… but that triggered my comments that I will make next. We tried to find out why it was so stupid…and we found out, one, that they did not like a new tax. Well, it’s not a new tax… it’s an extension of an existing tax… to more fairly incorporate the many rooms that are-- houses, rather that are out there in our same business. The second one was that the homeowner… or the house owner, in this case, can’t afford another six percent tax on top of their other expenses. It’s unusual that they don’t know by now that that is not the case. The house owner does not pay… this tax…it’s paid by the guest. We collect it and pass it on as we have been doing for decades. They say… Houses are not a business…I don’t quite understand how they have come to that conclusion. I looked up… MM: Mr. Karl, if you could… if you could wrap up… that would be… Karl: Well, I’d like to get to the point that… we are as a group totally in cooperation…we totally agree with the houses that are out there… they make up, actually… the largest proportion of people that we could put up on any given night. We can only handle seventeen hundred people, and we know there are thirty to forty thousand people here on the island. Where do they stay? Well god bless the houses out there. They are filling it in, they are doing the job, and we are totally in agreement with them. The only problem is that… it doesn’t seem to make any sense to… I’ll say it right now, the real estate lobby… they’re a hundred percent against it. They have been for years. But you people out here, through the revenue that it will create are the beneficiaries. We feel obliged to try to help the Town in their financial difficulties, and this is the only item that’s come along since…I believe and they’re not the Land Bank— MM: Okay— Karl: -- I believe that brings money to the Town without asking to—alright, I’ve been kicked down, so, bye-bye. MM: Thank you. Mr. Shlesinger. Shlesinger: Mort Shlesinger. I think that this is an issue of the Town perhaps getting in one and a half million dollars in revenue versus laying off employees in the Town. And I 6 think in the case of the six percent rise… the charge that the people who are renting will make… it certainly deserves to preserve Town by increasing its revenue. Please vote Yes. MM: Okay. Yes. The woman in the blue…. Hang on. Someone will get you a microphone I think…. Mr. Stover has long legs. He’ll be there in just a sec. Speaker: Bea Gonella, former owner of Point Breeze Hotel. I’d like to make a motion to amend the article, so that it would read… to reduce… to make the tax… two percent, rather than six percent. Having seen both sides of this for some time now, I’m acutely aware that the lodging people who have a short term rental are paying a… a huge chunk of it. Those of us who do have some cottages to rent… you know, honestly, it’s the people who come and stay in the cottages, who bring their cars, they bring their disposable diapers, they bring their beer, they bring their paper plates… They’re the ones who really stress the infrastructure. The people that are staying in the hotels and the bed and breakfasts are not generally bringing cars. They eat out, and they don’t stress the infrastructure anywhere near as much as the people who stay in… houses and cottages for a week or two. SO I would like to amend it to read two percent (2%), rather than six percent (6%). MM: Wait. Before you give up the microphone, I have to understand your amendment. This article is imposing a tax on rental property. Gonella: Correct. MM: Up to six percent (6%). Gonella: Okay… can we ra—read it so that it’s up to two percent (2%)? MM: So you want to reduce the amount on the rental properties, so that it’s up to two percent (2%)? Gonella: That’s correct. MM: Okay. Is there a second?... That motion’s been made and seconded. Now, just on the amendment, which is changing the rate of tax from not exceeding six percent (6%)… to not exceeding two percent (2%)… Is there any discussion?... Yes? Hold on, if you stand up, someone will get you a microphone… Ms. Sparroway… If you could identify yourself, Ms. Sparroway, for the record… Sparroway: Can you hear me? MM: Yes. Sparroway: I’m Joy Sparroway… Having had a… restaurant and an inn and a second property that I rent year round so that it provides year round housing… on all those 7 properties I pay taxes and percents… I don’t see any reason why you shouldn’t pay on the house that you’re making. MM: Thank you. Okay. On the amendment… Okay, this amendment requires a majority vote. A Yes vote will adopt the amendment. A No vote will defeat the amendment. All those in favor of the amendment, please say “Aye.” Audience: (soft) Aye! MM: Those opposed, no? Audience: (loud) No! MM: That amendment is not adopted. So now we’re back on the discussion of the motion of the Finance Committee… made by Mr. Mulcahy… I want to correct myself. I was supposed to have recognized that Mr. Kelly and Mr. Mulcahy switched places. But they tricked me. So it was always Mr. Mulcahy making the motion. Mr. Kelly has recues himself from this article. Any further discussion on the article? Yes. Mr. Boyce… up… up behind you. Boyce: I’m Dana Boyce. We are in difficult times. There’s no question. So are our visitors. But tonight we’re again being asked to vote on taking the room rentals on houses that owners rent. We’re often told by supporters of the tax, the tourists won’t even notice. They do notice. Nantucket is already very costly, and we already tax second homeowners more than we pay. They are well of that, and they do not like it. And they don’t get to vote. We know how well the B’s and B’s are doing… or not… they are struggling. It’s hard work. They were taxed last year, and understandably want to level the playing field. Tourism is the backbone of this economy, and the high cost has already driven away many. For the dollars and determination required to get here, a vacationer has very many other attractive options. We need more tourists to come and shop, eat, and employ our residents. Just look at how Main Street is suffering with fewer shoppers. There are changes up and down. Those of us who live here are very fortunate that tourists come here, they spend the dollars to support us and allow us to stay here. How lucky are we? Let’s not make Nantucket even more attractive—unattractive for the tourists, our lifeline. We need to nurture our golden egg, not break it. If we want to level the playing field for the B& B’s, let’s remove or reduce their tax. We’ll do better with more visitors. Please, vote against this additional tax. Thank you. MM: Thank you. Yes. Right in the center. Speaker: Madame Moderator I’d like to…get a point of clarification. I heard someone in the audience say that this tax is done in all the other communities around Massachusetts, and I know that the… uh, Representative Madden is in the house, and it’s my understanding that there is no other community that has this tax. There is one that has passed it, and it has to… it’s been sitting on the House floor for two years… waiting for 8 their… Home Rule Petition to be acted on. And I was just wondering if… if Tim could clarify that for us. MM: Okay… um, Mr. Kopko. Kopko: No. I don’t know where you heard that no other town in Massachusetts has… closed the short-term rental tax loophole…Provincetown has passed this Home Rule Petition. Yarmouth has passed this Home Rule Petition… a couple other towns on the Cape. Massachusetts is the only state in New England that does not tax short term vacation rentals, and the only… vacation and tourist destination in the United States that doesn’t tax short term vacation rentals. If you go… on vacation in Florida, Aspen, Hawaii, California, Idaho… wherever you go, if you rent a condo or a house for a week, you’re going to pay a local tax. We are completely unique in the tourist industry in this country that we do not collect this tax. MM: Thank you…. Yes. Way up in the back. If you could just stand up, they’ll get you a microphone. Speaker: Good evening. My name is Jeff Boons… In looking at this article, it does seem like we need to level the playing field. I would like to amend the article… in that we… put a Home Rule Petition through… I’m not quite sure how to word this… that we make the tax on short term vacation rentals the same as whatever our short term bed and breakfasts are… So, if ewe want to choose three percent (3%)… that a bed and breakfast is paying three percent (3%)… short term home owners are paying three percent (3%). If we want to make it one percent… everybody’s paying an even amount. If we were to reduce the bed and breakfasts down to two percent (2%) and have the short term home owners would pay two percent (2%), I’m sure that the net amount, we’d be receiving more taxes. And that would be a level playing field. I’m not sure how to word that, exactly. MM: Mr. Kopko, would you like to address that question? Kopko: Thank you. I really appreciate the sentiment. One of the issues is that the lodging tax that’s collected by single occupancy, single night rooms… is already eleven point seven percent (11.7%). Five point seven percent (5.7%) of that goes directly to the state, and we don’t see any of it. This… this article would require that every penny that’s collected in this tax would come directly to the Town of Nantucket. And that portion of the current lodging tax is six percent (6%). Boons: So can we have it that the portion of the lodging tax is six percent (6%)? We could… say whatever we agree upon… that it would be across the board? That of that portion of that six percent--? MM: I—I— Kopko: That’s what we’re doing here. 9 MM: I have to tell you I think you’re getting an amendment that’s too complicated for us to do on the fly. I don’t see how I’m capable of drafting that out for you… unfortunately. Mr. Kopko is telling me this article basically does what… you want it to do anyway, because.. it’s up to six percent (6%), and I think that’s approximately the percentage that we’re getting… Boons: Could we… could we add a line in there saying that if we choose to make…the short term vacation rental four percent (4%), then we would reduce… the B&B’s rate to four percent. That would be a one-line… to reflect it? Whatever we chose for this would be reflected in the B&B’s portion? MM: I’m going to have to consult with Town Counsel about that…so… Okay. Town Counsel has suggested, and I agree with him, that your proposal is outside the scope of the article, and that you’re tying it to something that people didn’t have notice of at the time the article was drafted and published, so we’re not able to make that change. Thank you. I heard someone call the question. That motion would… is not debatable. It requires a two-thirds vote. It does shut down debate on this article. If it’s adopted, we’ll go right to a vote on Article Thirty-One as moved by the Finance Committee, as printed in the Warrant. A No vote will defeat that motion, and we’ll go back to debating the subject matter of the article. So, all those in favor of moving the question on Article Thirty-One, please say Aye. Audience: (loud) Aye! MM: Those opposed, No? Audience: (Silent). MM: I declare that that passes by a two-thirds majority…So now we will go to a vote on Article Thirty-One as moved by the Finance Committee, as printed in the Warrant. It requires a majority vote to pass. A Yes vote will adopt the motion. A No vote will defeat the motion. All those in favor, please say “Aye,” Audience: (loud) Aye! MM: Those opposed, No? Audience: (loud) No! MM: Okay. So we’re gonna do a hand count… All those in favor of Article Thirty-One, please raise your hands and keep your hands raised until the tellers have counted your vote. (Pause while count is taken.) So I have some hospital trivia for you… to commemorate the hundred years. Let’s see. The first piece of information I can give you…is that… a group of Nantucket citizens met on April 18, 1911… April 18… It was the 18th of April in ’75, right? When Paul Revere did his ride? So some years after 10 that… to draw up a constitution for the proposed Nantucket Hospital Association. The first trustees of the hospital were elected in the summer of 1911. And that summer, they hired Ms. Grace Gilman as the first nurse. Okay… All those opposed to the motion on Article Thirty-One, please raise your hands and keep your hands raised until the tellers have had a chance to count your vote. (Pause while count is taken) Okay. The vote on Article Thirty-One. Yes, 245. No, 262. Article Thirty-One is not adopted... Okay… Article Thirty-Three… Article Thirty-Three appears on page thirty-three of the Warrant… It is.. the motion will be made by Mr. Kelly… in accordance with… what is printed in the Warrant. I ask for your unanimous consent to waive the reading. Mr. Kelly? Kelly: So moved, Madame Moderator. MM: Is there a second? The motion is made and seconded… Did you want to discuss this first? Or should we go to Mr. Kelly, who called the article? Mr. Kelly? And, Mr. Goodman, if you could get a mike up to him… Kelly: Terry Kelly, Hummock Pond Road. I called this article because I don’t believe it’s… it’s going to work as a way to fund the Sewer Enterprise Fund… There’s been a shortfall in the past, and… just throwing a third, a third, a third, hasn’t worked. So… we need to look at it and perhaps move on to the tax base and make it a more equitable situation. You’ve got a Sewer District… and then those outside the sewer districts… and then to have funding for betterments as a user pays is a great situation, but it’s not working. If it was working, there wouldn’t be a shortfall. So, I called this to get some discussion, and, hopefully, there could be an amendment… to… put more funding onto the tax base… It’s the only fair and equitable way… If you’re living in Monomoy and you’re looking at a betterment of seven to nine thousand dollars, and then if you’re inside the Sewer District, and you have to have a betterment, and it might be only ten or fifteen thousand dollars, and you’ve just spent, forty, fifty, sixty thousand dollars… on a sewer system… in-ground sewer system in Monomoy… this is as an example… I don’t think that’s equitable. We’ve got a fifty-five thousand dollar note, and we’re not…we’re not funding it. So… if it was user pays, if it was working… It’s not working. So…we need to make a change… That’s all I want to say at the moment. MM: Thank you. Mr. Atherton. Atherton: There we go. We’ll start over. My name is Rick Atherton. Just a little background. You have a hand-out sheet, but it’s not easy to read. You just picked it up tonight, so… I imagine a lot of you haven’t had a chance to go through that. I’ll give you just a little background on how we got to the article, and the motion of the Finance Committee that’s before you tonight. This started as a citizen article… and the attempt was to move a substantial portion of the debt service from the sewer users to the tax base. After that article was put on the Warrant, a number of discussions took place between the sponsor, the Finance Committee and the members of the Board of Selectmen and the Town Administration in an attempt to develop a consensus to deal with the problem… and we’ll discuss that in a minute… that the sponsor was attempting to address…And 11 maybe it’s important to just back up for a second here and remind us all that the article is addressing our treatment plant. It’s not addressing extension of the sewer collection system. And addressing betterments that might or might not be related to that issue. This article is addressing how we pay for the debt service incurred to build the Siasconcet facility and the Surfside facility. The Siasconset facility was agreed to maybe ten years ago now to be paid for by this Town Meeting, totaled by the users in the Sewer Fund. The Surfside Waste Treatment Plant Facility, again, took a couple tries here, but it was agreed that the payment for the Surfside facility would be paid for, one third by the tax base, one third by the sewer users, and one third hopefully by new hook up or privilege fees. Technically, however, the way the article was written at that time, it was written so that one-third would be paid by the tax base, and in effect two- thirds would be paid by the sewer users. That fee, however, would be reduced by the amount of privilege fees collected. The intent in concept would be what we all think of as the one-third, one-third, one-third solution…and again, that would have been one-third on the tax base, one-third on the sewer users, and one-third on new hook-ups. Clearly, the new hook-ups have not arrived, and I think the consensus of this article, and those who are recommending it to Town Meeting, is that the burden of picking up the shortfall in the one-third should not fall on the sewer users alone. Therefore, the recommendation, in essence, is to take the debt service related to that one-third, which you’ll see in your handout is approximately a little over one million, five hundred thousand dollars, and transfer it from the sewer users to the tax base. That vote would require a majority vote tonight. It would require a ballot vote, because that amount of money would then be taken to the ballot as an override. It would be a debt service override to go on the tax base. Now, that may be a little complicated. One other nuance, just to make life a little more complicated...is that the intent here is that if we get future privilege fees for new connections, that will lower the amount that the general fund is picking up on the article. So in any one year, if we had a million and a half dollars, for example, of debt service that the General Fund was picking up, and if there are, to pick a number, two hundred thousand dollars worth of privilege fees, that two hundred thousand would go to reduce the General Fund contribution toward this one-third of the debt service, from roughly o ne million and a half, let’s say, to a million, three hundred thousand dollars. Now, anyone with questions. But I have tried to give you a short summary of the intent of the article. The focus, again, for I think your consideration is to focus on that debt service number, cause that’s typically what we’re addressing here tonight, is whether we are willing to have the General Fund step up via an override vote, to be willing to pay up to a million, five hundred thousand dollars in debt service… and the impact on the sewer users will be to reduce that same amount of money from the Sewer User Enterprise Fund. I like to look at this simply as, these are rough numbers, and actual impact on your taxes is in the handout, but I think of it as roughly… ten thousand tax base accounts, and five thousand sewer users. SO, in effect, the transfer to the tax base of a million and a half, is let’s say, on ten thousand accounts… these aren’t the actual numbers, but it’s a way to think about it… are a hundred and fifty dollars a year. The impact on the sewer users is the same roughly double that amount… It’s less than that, but that just gives you the concept, here. MM: Thank you… Okay, anything else--? Ah, yes, Ms. Wheatley. 12 Wheatley: --Madame Moderator, here we are. Thank you, Madame Moderator. Madame Moderator, I was Chairman of the Sewer Advisory Committee, and I’d like to talk about the source of the problem, and so I hope you’ll indulge me if I go over my two minutes… and I apologize in advance for doing that. At the first… at the first Town Meeting where the Town failed to fund the Surfside plant, this was… I was sitting here, and this was my business, and I was kind of looking around… I hadn’t been living on the island all that long… and I was wondering where the planning was, because this was something that one normally would have discussed with… with folks in advance… and so…we did not pass… we did not pass the one-third, one-third, one-third yet…At that first Town Meeting, but we did pass it at the second, and I was a strong proponent of passing it. Now, since then, unfortunately, the Town has not done a lot of things which it needs to do if we’re going to have good finances for our wastewater infrastructure. We passed it, the plant was under construction, there was a sewer advisory committee formed a few years later, of which I was the Chair. we made a number of recommendations. There was a Nantucket Sewer Act which was supposedly absolutely crucial to our moving forward. However, since we passed the one-third, one-third, one-third, very little has happened to work on the expansion of the sewer system, and the only way one-third, one-third, one-third would have worked was if there were new connections. The Finance Committee statement about this… the one that Mr. Atherton referred to… says well the new connections didn’t come. The new connections didn’t come because the Town did not plan for the expansion. I support this proposal because I think… the ultimate plan does put a burden on the sewer… on the sewer users, but I think we have to review the burden between the taxpayers, who clearly benefit from the infrastructure and the better environment provided by wastewater treatment, and that has not yet been done. There’s concern about the expansion into Monomoy. Well, you can’t… you have to plan… you have to work with the community before the expansion in advance of providing them with… large bills for their betterments. There’s a lot of planning work that needs to be done. It has not started yet… Well, I shouldn’t say it hasn’t started yet…It’s started, very slowly. I think that we need to pass this article tonight, because we do have a financial crisis, but we will continue to have a financial crisis until the Sewer Commissioners, who are the Board of Selectmen, take their planning responsibilities seriously. So please vote for this, but please pressure your selectmen to put together a strong planning process. It can be done. We have good consultants who work for the town. As I’ve said, this is my business, this is what I do, and we can do a lot better than we’ve done so far. And we can avoid the financial problems that people have associated with our wastewater infrastructure. MM: Thank you. On Article Thirty-Three… this requi—yes… this does require just a majority vote. Speaker: Jeannette Topham… I’d like some clarification please from Mr. Atherton. Did you say $150 dollars on my tax bill every year, or every six months, along with the $35 that I heard was going to be on the Monomoy hook-up. Can you please answer that? Thank you. 13 MM: Mr. Atherton? Atherton: In the handout are the specific numbers… the hundred and fifty I used, as I tried to say, was a way to think about it, not an absolute number… In your handout, the…let me go back to how often… this is gonna be… the override will run for the remaining term of the debt, which I’m guessing some of it runs out as long as thirty-five more years… It will run off over that period of time. Much of it will be paid off much more quickly than that. Whatever amount of debt is left standing each year will be covered by the override. So, if you happen to have a… a property valued at six hundred thousand dollars ($600,000.00)… assessed at six hundred thousand dollars ($600,000.00), the annual change in your tax bill will be fifty-two dollars and fifty-six cents ($52.56)…Now I’m looking for… our Finance Department… she gave me the high sign.. yes…That will be an annual amount, but it will be a decreasing amount over time. In the worst case, for that person, it will be there for a while. For a property valued or assessed at a million, two hundred thousand dollars ($1,200,000.00), the impact on your taxes would be a hundred and five dollars and thirteen cents ($105.13). For a million, five-seventy-six ($1,576,000.00), it would be a hundred and thirty-eight dollars and ten cents ($138.10). The difficulty in figuring out exactly the impact on your sewer bills, are that the sewer bills are made up of two components. There’s a fixed element, a monthly charge, and then it varies based on usage. So… on average, however, the sewer bill specifically in the handout would be reduced by two hundred and sixty-four dollars and a penny ($264.01). Why I say that’s hard to point out is that you might have a house, for example, with an assessment of six hundred thousand dollars ($600,000.00), but it has lots of people in it, and they have lots of water usage. and they might have a much higher sewer bill because it’s based on usage. Just the opposite could happen with a… assessed value on a house in the countryside, let’s say, with sewer that happens to have… it’s only occupied a month a year, and their usage bill might turn out to be very low. They might also have a diverter… to raise a subject you might want to all think about. MM: Thank you— Atherton: So…it varies a great deal by individual situations. MM: Thank you… Okay. Yes. Up in the back. Do you want to stand up? I can get you a microphone, and then I can go to you, Mr. Drake. Speaker: My name is Steve Godwin. I live in Madaket. And you can probably tell what’s coming: I have a septic system. Every year or so… every year or two… I have it pumped… and it would cost around three hundred and fifty dollars ($350.00), about half of which actually goes to the town, because there’s a charge at the sewer plant to… receive those materials. Also, within the last couple years I had to have the system inspected. That cost, in my case, twenty-three hundred dollars ($2,300.00)… and I did that without complaint, because it demonstrated that my septic system was operating. And everyone, virtually, in Madaket has had that done. Many other people over the island. I know people who have had that inspection done, and they failed the inspection. And now they’re looking at anywhere from thirty to forty thousand dollars to install a 14 new septic system. Now, I don’t see any compensation for the operating costs, or for the debt service for a new installation being discussed here tonight. But, in many ways, it should be. I can’t really find any difference between… me compensating the sewer system versus somebody not on the sewer system, compensating somebody with a septic system. I realize that definitely complicates the matter, but… we kind of take it on the chin if we have a septic system. Thanks very much. MM: Thank you. Mr. Drake. Drake: Madam Moderator, Dan Drake. If I want to make a motion to table, can I comment… first? MM: Let’s see… No, you may not… Drake: I will make a motion to table the question. MM: Okay. The effect of the motion to lay on the table, is essentially to end debate and end all discussion of this article… until it’s brought back at a future meeting, if at all. It’s not a debatable motion. It requires a two-thirds vote. A Yes vote will adopt the motion to lay on the table. A no vote will defeat that motion. It does take two-thirds. All those in favor of the motion to lay on the table, please say Aye! Audience: (loud) Aye! MM: Those opposed, No? Audience: (loud) No! MM: That motion does not carry. Back on the discussion… You want a hand count?... It clearly didn’t make two-thirds, but I will do a hand count… All those in favor of laying the subject matter of Article Thirty=Three on the table, please raise your hands and keep your hands raised till the tellers have had a chance to count your vote. (Pause while hand count is taken.) I’m gonna give you the original mission of the Nantucket Cottage Hospital. “To conserve human life on this isolated island, it is imperative that the conditions under which medicine and surgery are practiced, must be superseded by modern ones. “ (Laughter.) I have to read that again… “To conserve human life on this isolated island, it is imperative that the conditions under which medicine and surgery are practiced, must be superseded by modern ones.” Ha. So those opposed to laying the subject matter of Article Thirty-Three, raise your hands and keep your hands raised till the tellers have had an opportunity to count your vote. (Pause while hand count is taken.) Okay, on the motion to table Article Thrifty-Three, Yes, 179, No, 221, that motion is not adopted. SO we’re back on a discussion of Article Thirty-Three. Ms. Williams has moved the question. That also requires a two-thirds vote. I’ll do that by voice. If you want to continue discussing Article thirty-Three, you would want to defeat this motion. A Yes vote will adopt Ms. Williams’ motion, and we will go right to a vote on Article Thirty-Three. All those in favor, say Aye! 15 Audience: (loud) Aye! MM: Those opposed, No? Audience: (silent) MM: That does pass by declared two-thirds vote. So, on Article Thirty-Three, the motion is as printed in the Warrant, and as made by the Finance Committee. A Yes vote will adopt Article Thirty-Three. A No vote will defeat it. It requires a simple majority. All those in favor, please say “Aye!” Audience: (loud) Aye! MM: Those opposed, No? Audience: (loud) No! MM: That motion is adopted. (Pause.) Okay. Article Thirty-Five. Okay. Article Thirty-Five appears on pages thirty-four and thirty-five of the Warrant. The Finance Committee motion was move to take no action on the article, with the comment that the appropriation authorized at the 2004 Annual Town Meeting does not require a transfer to re-appropriate for a Proposition 2 ½ Debt Exclusion Override. However, a ballot vote is required in order to secure financing for this project. Mr. MaGee called this article. And… are you going forward with the motion that you gave me the other day, Mr. MaGee?... I guess get him… get the microphone there from Mr. Fronzuto behind you. Speaker: Madame Moderator…Wow. Is this as loud as I think it is? Okay… MM: Yeah. It’s perfect. Speaker: Perfect. Good. Well, Madame Moderator I will eventually revert back to this original motion… but… because of the complexity of this… process… I feel that I need to explain what has happened over the last week or so to change this motion that I put forth on Wednesday to you. MM: Alright, wait a minute. MaGee: I believe I gave you a positive motion on Wednesday. MM: You did, but what are you say—Are you saying what I think your saying, which is that you want to put forward this positive motion, and then at some point change it back to the… to the move to take no action? MaGee: Unfortunately, yes. But I need to explain why. 16 MM: Okay. Can you just hang on one second?... Please? (Laughter) Okay, we’re gonna do something a little different. We’re just gonna take a motion to… what is the motion, here? Motion to take no action? And then I’m gonna let you debate it. And then we’re gonna take a vote. And we’re gonna be all confused, but I’m gonna walk us through it. So, first I’m gonna recognize… Mr. Kelly to make the motion of the Finance Committee, which is move to take no action on the article. So moved, Madame Moderator. MM: Is there a second? Motion is made and seconded. Mr. MaGee? MaGee: Ah, thank you. This will take probably four minutes or so, so, I don’t think your clock will run out. I’ll try to move as fast as I can. MM: We’ll time you. MaGee: Thank you. My name is Chris MaGee. I’m a member of the Surfside Area Planning Group. We’re the group that put together the Surfside Area Plan, which was adopted by the town two years ago. The number one item in the Surfside Area Plan was to have the town take the roads known as a portion of the Boulevard, a portion of Lover’s Lane, Orokorwaw, and Monahanset. The reason for that is that these roads are disintegrating. There are thousands of road trips by motorists on these roads looking for the shortest way from the airport to the mid-island area. Especially in the summertime, what happens is that… Old South Road gets so backed up, especially at Fairgrounds Road, that people will do anything to move around that particular area. The Roads and Ways Committees has listed the taking of these roads as the number one item on my priority list for takings. So, these are roads that everybody is aware of, that are in deplorable shape, and need to be taken care of. In 2004 Town Meeting, the Board of Selectmen approved the spending of…or was given approval to spend up to five hundred thousand dollars ($500,000.00) or so to repair these roads, and to charge betterments to all of the abutters and users in the area of these roads. What happened was that… when the notice went out… what happened was that the…people in the area rejected that, because they really did not feel that the Town recognized the heavy use in the area of non-area motorists. Article Thirty-Five deals with the appropriation of those funds. What has happened since this article was brought forth, what happened throughout the winter was that we had a number of positive breakthroughs that have changed the nature of this article. The first breakthrough was in a late February Board of Selectmen meeting where an agreement was reached by our group and the Board of Selectmen on a cost- sharing formula for the actual rebuilding of these roads. The BOS also voted… the Board of Selectmen also voted to move forward on the road takings and to find the dollars necessary to get the road rebuilt, which we believe would take time. We applaud the Board of Selectmen for taking that stand, and very much appreciate it. The goal of Article Thirty-Five was to free up the 2004 approved dollars for repairs, and broaden the use to allow for those dollars to be used for engineering, and also for the takings. In a meeting last Thursday, with the Town Manager, who’s been very helpful in this process, with the lawyer… one of the attorneys for the Town… it was determined that the 2004 money could be used as… it stood in the 2004 article… for the engineering work and for 17 the takings work. As a result of that, we no longer needed to present Article Thirty-Five as we have presented here to you. In fact there was a small problem with Article Thirty- Five, in that… we cannot use wording in Article Thirty-Five that basically violates one of the bylaws of the Town, which making repairs would have done. So that is the reason that we are rescinding, or would like to rescind the positive motion, and go back to the original motion by the Finance Committee to move to take no action on the article. We have actually found another creative way of being able to move forward with this process without the article. Thank you. MM: Thank you. MaGee: I hope that was clear. MM: Anything further on this article? Okay. So we are going to now take a vote. The motion is to take no action on the article. A Yes vote will adopt that motion, and we’ll take no action on Article Thirty-Five. All those in favor of the motion to take no action, please say Aye. Audience: (loud) Aye! MM: Those opposed, No? Audience: (silent) That motion carries unanimously.… Article Thirty-Seven… The Finance Committee motion was read into the record at the beginning of the meeting… It is as printed on the screen. Move that the town of Nantucket accepts, pursuant to Chapter to Chapter 82 of the Mass. General Laws an extension of a public way known as Miller Lane, approximately seventy-five feet westerly of its current terminus as shown as Lot B- 1.1 on a plan entitled Review Plan to Show Proposed Re-division of Lot B, Miller Lane, prepared by Blackwell and Associates, Inc., dated September 25, 2008, revised March 31, 2011, as laid out by a vote of the Board of Selectmen on March 30, 2011. Recognize Mr. Kelly to make that motion. Kelly: So moved, Madam Moderator. MM: Is there a second? Motion has been made and seconded. Do you want me to go to the person who called this, or does somebody on behalf of the town want to explain the existing motion? Mr. Atherton. Atherton: I’m not sure I want to explain it, but I want to make sure I understand that we’re talking about seventy-five feet, and by twenty feet. I’m looking down the road. I just don’t see the twenty feet, but that was important, and in the plot plan… okay… Thank you… I just point that out because we’re talking about that little red area, and I’m sure Andrew is going to talk to this, so should I stop, Andrew? But, the twenty feet wide was, I thought, a very important element of the Board’s laying out of the road, so I want to make sure that’s included in what we’re talking about. 18 MM: (Pause.) Mr. Vorce? Vorce: Thank you, Mr. Atherton, for getting me to speak on this article… As Mr. Atherton has stated, the Board… of Selectmen agreed to lay out the red area, which measures twenty by seventy-five feet, the original length requested was four hundred and fifty-eight feet. This… does give the owner of the three lots access from that side of Miller Lane, from basically the current—(tape ends) (Tape 2, Side A resumes) MM: Thank you. Anything further on this article? Yes. Mr… Stott… or— Speaker: Leslie Forbes. I wanted to just let you all know that there are five Madaket Area homeowner’s associations. We are working together … and we conducted a survey… to find out what was bothering our residents, and what they liked. We had a hundred and thirty-nine respondents, which we thought was pretty darn good, out of about four hundred and fifty septic systems…which is our best count. And a hundred and twenty-nine of ‘em said mosquitoes. Get a mosquito plan in place. So… you’ve got taxpaying residents who are supporting this… idea… this plan. We’d love to have it just be treating mosquitoes, but we gotta start with a plan. Thank you. MM: Thank you… Mr. Stott… Stott: Thank you. Just a quick point on the money. First I want to say thanks to the Finance Committee for the… countless number of hours that they put into… their endeavors here to try to produce good government and a sound budget. But…I respectfully disagree with their conclusion on this. It’s too bad that they couldn’t find a way to finance this, because it really is not a terribly expensive way of addressing the needs of… of lots and lots of residents and visitors… I consulted with the Assessor’s Office and learned that this would… this proposal of a hundred thousand dollars would increase the tax rate by six tenths of one cent. That amounts to… a six dollar increase on an annual tax bill… on a house that is assessed at a million dollars. Six dollars a year. So we would ask you to support lots of the residents and visitors to Nantucket who are terribly concerned about the infestation of mosquitoes, and allow the voters to… to make a decision by sending this hundred thousand dollar question.. to them… to act on in a ballot. Thank you. MM: Thank you. Yes. Speaker: Jeanette Topham. A question. How do we send a hundred thousand dollars through a ballot question? Should it not be… send a one hundred thousand dollar request through a ballot question? MM: Town Counsel has told me that it basically ends up being an override question at the ballot…. (Pause.) Mr. Kopelman, are you satisfied with the language that we have? 19 You would like to work with the Finance Committee on that…? Okay… Would it be helpful if I went on to something else while you worked on that? Okay. Then that’s what we will do. Can we make a motion to postpone this matter to the… to come up right after the next matter, which will be Article Forty-Four…Expansion of Purpose on Landfill Site. May I have your unanimous consent to do that? Thank you very much. Then we will go… thank you for your patience, Mr. Giles. We’ll be back to you. To Article Forty-Four… This was called by you, Mr. Stott… Is that… is that correct? Okay. And Mr. Wilhauer, are you making the motion that…we discussed earlier… Yes. Okay… We’ve had a lot of discussion on Article Forty-Four… and we have a substitute motion that Mr. Wilhauer is going to make… on Article Forty-Four…as follows…Be it resolved that the Board of Selectmen, acting as the Board of Public Works, pursuant to Chapter 169 off the Acts of 1965, as amended by Chapter 459, Acts of 1987, be requested to develop the use of wind energy at the landfill, in order to provide electric power to the composter, and otherwise to the benefit of the Town. Is that your motion, Mr. Wilhauer? Okay. Is there a second? Motion is made and seconded. Do you wish to make your presentation at this point, Mr. Wilhauer, or should I go to Mr. Stott, first? Okay. Mr. Stott. Stott: Thank you. This whole question of wind energy… at the Madaket Landfill seems to have been a moving target over the last several weeks… with changes on… in the position of the Town on Articles Forty-Five and Forty-Six, and now Article Forty-Four… Originally, Forty-Five and Forty-Six were going to be positively recommended, and then there was a change in position I believe. And there’s no recommendation on these two articles… that were to be considered along with Article Forty-Four as a package in order to provide wind turbines at the landfill. If, at the urging of the consultant, specifically on Article Forty-Five, the financing, the… the Board of Selectmen decided to back off and not support it, because the consultants argued that… there needed to be more community outreach, more input from the community, more educational efforts made. If Forty-Five and Forty-Six are not to be considered at this Town Meeting, and they haven’t been called, then why is there a need to move forward on Article Forty-Four? I would suggest that we wait and consider Article Forty-Four as part of a package of other articles… at the next Town Meeting, after there’s been an opportunity for greater input by the community… more education, and… a lot more outreach to folks, so that we make a decision that’s best for Nantucket. There’s lots of issues involved, the least of which is… is… or, some of which, are… are noise, shadow flicker and… and the aesthetics… of whether or not a wind turbine is right for an island like ours… So this is an important decision that we’re making and I would hope that we defeat this…article… as amended, and wait until next year when we have a better sense of… of where we should go on this important issue. MM: Thank you. Mr. Wilhauer? Wilhauer: Thank you. The… what is happening here is that we would like to be able to start our design and development aspect of the… program… In other words, we’ve been given three hundred and ninety thousand ($390,000.00) dollars by the State… I’m sorry… CEC….and we need to move ahead and come up with a design and development. 20 In other words, we do not know the particular size… or the number of turbines that are needed. And in order to move ahead, and also to…utilize the three hundred and ninety thousand dollars, we need to… pass this. This doesn’t say we’re going to do anything except start the studies that w ill eventually end in coming up with a dollar amount, that when we come back to the… Annual Town Meeting and request funds. So this is just a first step in trying to define what kind of electric power we need, and how it would be generated at the landfill. So this is just a preliminary necessary step in order to capture the three hundred and ninety thousand dollars that has been given us. Thank you. MM: Thank you. On the motion—oh. I’m going to go to Mr. Shlesinger. Shlesinger: Is everybody in the auditorium familiar with the problems in Falmouth with their… their wind turbine at the wastewater treatment plant? The people who are not able to sleep… the people who have ringing in their ears? The psychological problems that have arisen? I think that everybody should become familiar with these things… as further discussion goes on concerning wind energy on Nantucket. Personally, we don’t think that there should be any… wind turbines on this island, because of the density of population… and the size of the island. Everybody could be effected by it in some way, and under no circumstances… should a person or family be required to move off the island because of the detrimental effects of wind energy. With respect to Mr. Wilhauer, the three hundred and ninety-nine thousand should perhaps be used to investigate wind power, but it also should be used to investigate solar power… current and tidal means of power, and wind turbines to the south of Tuckernuck, where they can be set up eventually, similarly to oil rigs, and operate and not bother anybody. Therefore, I would ask you all… to turn down this motion because of the serious detrimental effects of wind turbines. Thank you. MM: Thank you. Mr. Ranney. Ranney: Hello? Hello. Thank you, David. Thank you, Madame Moderator. I’m Flint Ranney… Somehow I have found myself on the Nantucket Energy Study Committee… I volunteered for that, because I thought it would look good on my resume. But now it turns out there’s work involved. And the work involved is monthly meetings, and we have discussed with consultants and all kinds of people… to decide what kind of wind energy we want, if any. That hasn’t been finally decided yet… We are also working on solar installations which won’t cost the Town anything. There are four places on the island where those are being put in the next… within the next year.. I’m not a wild fan of wind turbines…particularly those in Nantucket Sound. But… I am slightly convinced that this could work if it fits in with the neighbors and doesn’t bother them with flicker… the flickering of the light…in the…sound… The proposals that we’ve seen so far, the Town would own two turbines that would be twice as high as the one at the high school… and they would generate enough electricity to provide… to save the Town four hundred thousand dollars a year in electric bills for the next twenty years. That’s a lot of money. The.. the income, or the savings, would start right in the first year. The turbines would have been paid for by the end of the eleventh year and for the next nine years we have free electricity… thanks to National Grid. Now, this isn’t a done deal. What this 21 article would do is.. would give us the… the … I guess the motion to go ahead to continue with a project. Anything we do will have to come back to Town Meeting. So, if we come up with a plan that the people in Madaket and Fisher’s Landing don’t like, and they have a strong enough voice, and they can convince the rest of us that we really don’t want that, then, we won’t go ahead with it. We will still go ahead with solar. We are looking into other… means of alternate energy generation, such as the… tidal generators that might go between Madaket… between Muskeeget and… whatever that other island is over there. (Laughter) SO… we’re still working on it. What this article does is allows us, if it’s possibly okayed from the Town, to proceed. If we don’t pass this, we can just give it up and not do anything and turn back the three hundred and ninety thousand dollars, which, by the way, is not tax payer money, it’s been collected by National Grid on your electric bill, and they already have the money, and we are lucky to have gotten some of it back. So, I ask you to vote yes on this article. And, it doesn’t commit us to anything, it doesn’t commit us to any funds. It allows the Energy Committee to go ahead and see what we can come up with in future years. Thank you. MM: Thank you. Yes. The woman in the back… back row. Right here. If you could stand up. (Someone interjects, off-mike) No. I’ve already recognized this woman, who’s standing up. ( Interjector, inaudible. )No, no. Sorry. Speaker: I have a question first, and then a comment. MM: I have a question first, and then a comment. Speaker: Oh, I’m sorry. Maureen Phillips. I live in Madaket. The… this grant… of money, which National Grid… is so nicely giving to us… Is this limited in its use to just looking at wind energy? MM: (Another interjection from audience.) Yes it is… Yes, it is. Phillips: SO, this has to be… the three hundred ninety thousand dollars which National Grid is offering to give us has to be used to be looking at wind energy…. I put to you that this is… I am not in favor of this. This, to me, sounds like, okay, we’ve got the money, we’ve got to figure out a way to use it. As opposed to this being part of a… a larger plan for the Town. And, I am very concerned where it is so specific about the landfill… and I understand that at some point in time we’ll be able to make comments about this… but it seems to me to be putting the cart before the horse. You’ve got the three hundred and ninety thousand dollars, and that’s driving the train. As opposed to a… thoughtful, fully planned energy… alternative energy policy for the entire island. So I disagree completely with moving on this, just because somebody’s giving us some of our electric bill money back. MM: Thank you. Mr. Wilhauer, did you want to… follow up? Wilhauer: I’d like to defer to Ann Cuspa, who is head of the Energy Committee. I’m just the Vice Chairman. 22 MM: Okay, I will do that. Yes, Mr. Goodman. Speaker: (Cuspa) Thank you Madam Moder—oh, sorry! (very loud) Thank you, Madam Moderator. First I’d like to address the grant itself, which, as Mr. Ranney mentioned, was awarded to us from the Massachusetts Clean Energy Council. That money comes to us from all Massachusetts rate payers. We applied for this grant, specific to the dump. It can only be used to explore wind energy at the dump. And the reason why we chose this site wasn’t a fly-by-night decision. We’ve been looking at, and we… I mean… the town of Nantucket and the energy company… we’ve all been looking at these sites that are owned by the Town throughout the island itself. So we narrowed down these sites to ten. And then, beyond that, we asked for UMass, Dartmouth to help us pick out what were the best among those. We have employed professional site planners, environmental consultants, noise and visual consultants, as well as design and financial consultants. The reason why we decided to table Forty-Five and Forty-Six was because we can’t give you firm data as far as which turbines we will be placing our orders for… exact specifics on where those turbines will be… What we’re looking for with Article Forty-Four is simply to expand the uses at the dump to allow the… Board of Selectmen to generate wind power there. SO, by passing this article, all we’re doing is sending a message to the Mass. CEC… that the townspeople want to explore further wind power at… on the island. So that’s what we’re doing here. And I ask you all to be part of the solution. We need to think about the future of the island and our energy future. We all use power here. This is part of our portfolio of renewable, clean energy that we’re looking at, so that we can be in greater control of our own energy consumption and generation. So this is part of a bigger picture. We’re looking at solar, tidal, wind, and conservation, and it’s all part of… looking to the future, and leaving something for the island that we can be… have better control of our own energy. SO, I ask that we pass this article. On behalf of the Energy Committee. MM: Thank you. Okay. Yes. Speaker: My name is peter Morris, and I’m also a member of the Energy Study Committee, and, as you can see, I’m also a member of the Finance Committee. You’ve heard from Mr. Ranney, and you’ve heard from Whitey, and you’ve heard from Ann Cuspa, and I would like to add my perspective, just so there is no misunderstanding about what’s at stake here. First of all, your Energy Study Committee pretty much consists of volunteer citizens who have some expertise in this area, and we’ve been looking into renewable energy for at least two years. We have tried to discipline ourselves so that we proceed carefully, thoroughly, factually in directions that make sense for the long run, and we are talking here about long-term strategies for… doing things that….will benefit not only the Town financially, but eventually also benefit you as homeowners and rate payers. I won’t go into the details of how that happens, but what we are asking for in this article is simply an article that will allow us to advance what we’re doing and try to make as objective a case as we can at the next Annual town Meeting as to whether there ought to be wind turbines, or a wind turbine, at the dump, and, if so, how we would envision ameliorating or offsetting many of the adverse effects that you are aware of at other sites. 23 And, I just want to point out that the grant that we got of the taxpayers money, the State of Massachusetts, to study the dump site… was partially due to the fact that that site has… is endowed with some of the best wind resources in the northeast part of the United States, and it is an opportunity that you should consider carefully before you…sort of put the kibosh on it. We would like to approach you next year with what we know, and it may be that it won’t make sense, or it may be that it will make sense, but there will be sufficient opposition that it won’t pass, but we ask that you at least give us the opportunity as volunteer members of this committee to get to the point where we can give you the facts and tell you what we think the pros and cons would be. Thank you. MM: Thank you. Is there anyone who hasn’t spoken on this article who would like to speak? Yes. Mr. Barry. Barry: David Barry. I move to motion on Article Forty-Four. MM: Oh, you’re moving the question? Barry: Yes. MM: Okay. Alright. The motion to move the question requires a two-thirds vote. It will end debate on the motion. If it passes, then we’ll go to immediate vote on Mr. Wilhauer’s resolution, otherwise we’ll continue debate. So all those in favor of moving the question, please say, Aye. Audience: (loud) Aye! MM: Those opposed, No? Audience: (silent) That motion carries by a declared two-thirds vote. Now we’ll go directly to a vote on Mr. Wilhauer’s resolution, as shown up on the screen. A Yes vote will adopt the resolution. A No vote will defeat it. All those in favor, please say… Yes… Mr. Stott? Stott: It’s a simple majority… and it was after the meeting on Wednesday, we had a lot of conversations and determined that none of the triggers requiring the two-thirds vote are being hit, so it’s just a majority vote on this resolution. SO, all those in favor of the resolution, please say Aye! Audience: (loud) Aye! MM: Those opposed, No? Audience: (quiet few) No. MM: That motion carries. Okay. We’re going to try again to go back to Article Thirty- Nine…And Mr. Giles, I’m hoping that you will agree with this revised language… 24 Here’s what we have… Move that the Town raise, appropriate, or borrow, pursuant to any applicable statute, the sum of a hundred thousand dollars, to be spent by the Town Manager, for the purpose of developing an island wide comprehensive mosquito control program for the Fiscal Year 2013 being contingent upon the passage by ballot of a referendum question accepting this operating expense… from the limitations on taxation imposed by Proposition Two and One Half, so called, General Laws Chapter 59, Section 21C… Is that…an acceptable substitute motion for you, Mr. Giles? Giles: I couldn’t have done any better myself. MM: (laughter) Okay, great! Thank you. So. On your motion… I think we were already kind of into the discussion. You’d made your presentation…some questions were raised… I think we’ve clarified those… Yes… Mr. Drake… Drake: Thank you. Thank you, Madame Moderator… Dan Drake… I won’t be difficult this time… I just wanted to make the point, in addition to those that have already been made in favor of this motion…that a number of people have taken mosquito control into their own hands, and I’ve known several in the Madaket Harbor Watershed area that have called in commercial sprayers and so forth to… try to deal with the mosquito, and frankly, I’ve been one of them. But, the issue is that a lot of them use a… substance called Pyrethrum… which is… made from chrysanthemums, supposedly, and they think it’s all very well and good, but if you do any research on Pyrethrum, you find that it’s very bad for two things…. One of them is honey bees, and the other is shellfish larvae… So, the use of these by private… the unregulated use of these by private individuals can be very dangerous for one of our key natural resources. Thank you. MM: Thank you. Yes. If you could stand, and we’ll get you a microphone… Speaker: Thank you, Madame Moderator. Jacqueline Edwards. I live out in Fisher’s Landing, and I speak in favor of mosquito control. We cannot go out our front door without blanketing our whole bodies to get to the car. Thank you. MM: Thank you. Okay. This motion… Yes… Mr. Kelly… Kelly: Madame Moderator… I speak… I rise a little reluctantly to speak…against this… motion because we’re absolutely all in favor of mosquito control. And I appreciate the recognition from the sponsors. The Finance Committee spent hours talking about this issue. We came to the conclusion that it’s very complex. The science is complex. The rights of property owners adds a lot of complexity. There were issues related to… the Army Corps. of Engineers, all the way down the line. When the proposal came through, there was a blanket amount of a hundred thousand dollars and what you would be voting on is basically an operating override is the motion that is stated now. The Board of Selectmen, Town Administration and the Finance Committee worked hard to present a balanced budget to you that would not require an operating override. Many very difficult decisions effecting people’s lives, hours, and livelihood, of positions that were eliminated were necessary to achieve that. We recommend that this issue be sent to the newly 25 established Board of Health. This would be a top… this could be a top priority for them to really wrestle with this issue. When this proposal was made to us there was no RMP, or request when the proposal was sent out, so there’s no way to know what that hundred thousand dollars is going to buy. SO, in conclusion, I request that you vote against this motion and support the Finance Committee motion. Thank you. Yes? Speaker: Hello? Yeah. Phil Stanbaugh. I live out on Polpis Road, right on Folger’s Marsh… and lest anybody think that there’s not a mosquito problem any place else but Madaket, come out to my place in the summertime. Try to run from the car… from the house to the car without getting tons of mosquitoes. It’s a problem out in the Folger’s Marsh area on Polpis Road as well. Thank you. MM: Thank you. The man… next to Mr. Goodman. Speaker: My name is Andy Shwartz. I live in Tom Nevers. I think that this article makes more sense than anything I’ve heard hear tonight. It’s related to quality of life of a large number of people on the island, and the amount of money its asking for is a pittance. There’s been so much discussed here, that I can’t believe that you couldn’t find a hundred thousand dollars to get started on this, which would improve… a tremendous number of peoples’ lives… far more than three-quarters of the nonsense I’ve heard discussed here tonight. So, I can’t imagine voting against this when it’s something that so many people face every single day. It’s not abstract, it’s real, and I think it directly effects the quality of life of most people on this island. MM: Mr. Kopko? Kopko: Thank you, Madame Moderator. I’d just like to echo the comments of the Chairman of the Finance Committee. There are a lot of things that effect a lot of peoples’ lives that we can’t afford to do. I’m going to resist the urge to remind our Madaket friends that if we had another source of revenue… we might be able to afford to do some of these things, like mosquito control… and fixing roads, and all these other things that we need to do. And your mosquito problem is the people out in the Boulevard’s road problem… and somebody else’s other problem…we can’t afford to do anything… everything… and we’ve gotta make choices about what we can afford to do. Now, if we’re going to start thinking about… about affording things like this, then we should have that discussion in the context of the General Budget… and come to the General Budget hearings and let’s talk about doing those things, and prioritizing those things. But to come… you know, this is old fashioned Town Meeting… you know… really, I… really, folks, I seriously have a mosquito problem and I need you to raise a hundred thousand dollars for it on your taxes…. This is… this is a comprehensive holistic process, making a budget like this, that we all work very hard at, and I’m sorry… that there’s not a hundred thousand dollars in the budget for mosquitoes this year. But we could sit here all night and everybody could get up and say, I’d like a hundred thousand dollars for this, and I’d like a hundred thousand dollars for that. I hope you vote this down. This is for 2013… We’ve got a whole year to talk about next year’s budget, anyway, so let’s talk about it in that context. Thank you. Mr. Jackson? 26 Jackson: I have to… Hello. I’m Haziel Jackson. I’m sorry, I have to disagree with my friend, Michael Kopko, but I hope we don’t wait until someone gets Eas—what is it?— Eastern Equine Encephalitis, or the other one here? And, it’s only a matter of time, and it’s a lot of other parts of Massachusetts. So, if we wait for that, we’re being very short- sighted, just as we were when we turned down six percent of money from people visiting the island, staying in the houses out in those areas, they’re not staying in town. They’re overall staying in those areas that are apparently mosquito infested. I live in town. It doesn’t concern me. But I don’t want the people out of town to have a mosquito problem. MM: Thank you. Way up in the back. Speaker: I’m Malcolm McNabb, and, actually, I’m on the new Board of Health. I just have… I don’t think anyone objects to the sense of what this article says. But what is the magic hundred thousand. I mean, maybe it will cost us twenty thousand ($20,000.00) to develop a plan. So, my suggestion… it would say… up to the sum of something. I mean, if someone could tell me what we’re going to spend a hundred thousand on, I’d be glad to support it. That’s my concern. Mr. Giles, do you have a sense of where the hundred came from? Giles: Yes. This… this figure was developed in a series of discussions last fall, with Jeff Willett and the DPW. We were… we were going to originally ask to… install a… start a actual program, and then Jeff brought us this information from the Army Corps. of Engineers that we have to do a plan, first, and so we changed our conversations to what would a plan include. And it would include all the things we have to do… and he said that there was nobody on the island that could do it./ We’d have to hire a consultant… we said, how much? And he said, ask for a hundred thousand dollars. That would be… probably be the maximum. So, up to would be okay with us, but we don’t really know what a consultant would cost, cause they’ve got to come in here and study Nantucket, and study the needs and… all the… layout of where are the mosquitoes coming from, and then put them in the plan. To answer the question, it was developed as a maximum amount that we’d ever need, and if we don’t use it, we give it back, like we did this year when there was fifty thousand ($50,000.00) dollars in the budget we didn’t use, and we gave it back to the Town. MM: Thank you. Ms. Wheatley. Wheatley: Thank you, Madame Moderator. Let me say first of all that it’s so windy at my house in Tom Nevers that all the mosquitoes blow away…But, I have to say that Mr. Kelly’s response to Mr. Drake illustrated why we need to pass this article. All due… with all due respect to Mr. Kopko, I think one of the purposes of Town Meeting is that those of us who care about the town can read the article and read the issues that are before the Town and come in and propose something. Mr. Drake raised I think two important environmental reasons… because we have honey bees here, too, and we want to save our honey bees… and the unregulated use of… of pesticides is a serious problem. 27 It’s a serious problem for all kinds of wildlife. We have a new Board of Health… that’s fine, but I think they need… as Mr. Kelly said, it’s very complicated. We need the resources to get into the complexity, so I urge people to vote yes on this, because it is before us at Town Meeting, it is important to… to our health and our environment. MM: Thank you. Ms. Benz. Benz: And I would like to make the motion to table this and refer to the new Board of Health for further consideration. MM: Wait. Whoa… Benz: Can I— MM: There’s two—there’s two--- that’s two separate motions. So.. wait… Benz: Okay. I’d like to move to table this. If it fails, I’d like to add deer… MM: Okay. If you move to table it… you cannot… you can just make a motion to table, and you can’t debate it. It requires a two-thirds vote. So, is there a second on this motion to table? Okay… So Ms. Benz has moved to table this matter. This effectively ends discussion in this Town Meeting. It would have to be brought back at a subsequent Town Meeting. If you vote Yes…you’ll be adopting the motion to lay on the table. If you vote, No, you’ll be defeating it, and we’ll go back to a discussion on the article itself, and an ultimate vote. So, all those in favor of the motion to lay on the table, which does require a two-thirds vote, please say Aye. Audience: (loud) Aye! MM: Those opposed, No? Audience: (very loud) No! MM: That motion does not carry. Okay… Mr. Sanders? Sanders: Thank you. Grant Sanders. I am happy to disagree with my friend Michael Kopko, largely because I don’t want everybody to know that we’re the same person and we always agree on everything. (Laughter) I live in the mid-island, and we don’t have a mosquito problem, unless I forget to un-tip my dog’s bowl over… every couple of days… but my in-laws do live in Madaket, and they do complain about the swarms of mosquitoes out there, and they do often… drop by the house… often… unannounced… largely I think cause the mosquitoes are so bad out in Madaket they just want to get away from ‘em. As I understand it this is a… this is an override… This is an operating override… it will increase our tax rate… by… six dollars. It’s a health issue. It’s a environmental issue. It’s a quality of life issue. It’s a tourism issue. And, I happen to 28 think that we do a lot of fiddling around…. in town government, and we don’t take action on this. We’ve been putting this off too long. Please… support this article. Thank you. MM: Thank you. Okay. I think we’re basically ready for a vote on Article… Thirty- Nine, so. A Yes vote will adopt Mr. Giles’s motion as printed up on the screen. A No vote will defeat this motion. It requires just a simple majority vote. All those in favor, please say Aye! Audience: (loud) Aye! MM: All those opposed, No? Audience: (loud) No! MM: That… article is adopted… (Someone inaudible off-mike) I know… Okay. SO this brings us to our favorite topic of zoning…. Tomorrow?… I think we’ll do one more article and we’ll see how we are. We may decide that that’s enough. So we’re gonna do Article Fifty-Two, and then you can tell me what you want to do. Article Fifty-Two…I hope there’s not a speed trap on the Madaket Road… (Laughter.) Okay… Article Fifty- Two appears on page 49, 50…On 50 you get the Planning Board motion… it continues till you get to 51…Planning Board motion is as printed in the Warrant. The Finance Committee supported the Planning Board motion. I’d ask for your unanimous consent to waive the reading of that motion. Thank you very much. And I would recognize Mr. rector for the purpose of making the Planning Board’s motion. Rector: So moved, Madame Moderator. MM: Is there a second? Motion is made and seconded… Now… Planning Board members, do you wish to make your presentation, or do you want to hear from Mr. Collier first? Rector: I think we’d like to hear from Mr. Collier, first. MM: Mr. Collier? Collier: Thank you, Madame Moderator. Cormack Collier. I always have the good fortune of… talking about zoning at the end of the night when everybody’s eyes are glazing over. SO, just bear with me if you can. I… first of all, I want to thank the Planning Board for going over all the articles as they normally do, giving it good review. They did discuss this one in detail, and I did not make any comments during that public hearing because I was essentially focusing on an original part of the article which got left out. If you can pull up the map, please, I can describe, briefly… This is the map in question. Hummock Pond going down to Cisco, Bartlett Farm Road going out to the farm. And the various proposals being changed are right here. You have… Mr. Pease’s lot… changing from LUG-2… eighty thousand square feet (80,000 sf)… to V-TECH, which is forty thousand square foot (40,000 sf) minimum lot zoning. Mr. Power’s lot, the 29 same thing, LUG-2 to V-TECH… The gardens, the nursery, changing from LUG-2 to V- TECH… and the Fish Market, changing from LUG-2 to V-TECH. You have Land Bank land… which is essentially a wash… not a wash… they’re not going to subdivide, anyway… so it’s LUG-2 to LUG-3. And then this property here… R-20 to V-TECH. My original concern was with a lot down here, which was originally in, and I appreciate the Planning Board excluding that. Once I took a further look at these… it was presented at the Planning Board meeting that no further net subdivision would occur… outside of… as a result of this article. I was a little confused as to that, because these are all… the 3- acre lot could not be subdivided under LUG-2. Going to V-TECH forty thousand, it can essentially be divided into three more lots. This is another LUG-2, that could be subdivided into three lots. Franny’s is over eighty thousand, so that could be subdivided into another two lots. So I think I had a problem with that statement. I understand the intent of this article, to memorialize the commercial uses… most specifically the gardens, the fish market, and some recent activity that… Frank’s been doing on his property. I just think the intensity in this area, in the Hummock Pond Watershed area, for that amount of subdivision, particularly the V-TECH uses, which, I think there’s a later article in the Sixty’s, which nobody called, which is changing an allowed use of V-TECH to a convenience store… imagining multiple, multiple convenience stores in this area… just doesn’t…to me… make good planning sense. Also, additionally in V-TECH, secondary dwellings are not allowed. That would… I imagine… I believe… correct me if I’m wrong, if there’s a secondary dwelling on this property that would make this nonconforming. Franny also has… the Community Gardens over here… If he’s not allowed to have a secondary dwelling, I imagine that is going…potentially.. make the… incentive to subdivide and have another dwelling more… real… and, as a former member of the Community Garden, I don’t want that to happen. I’d like the Community Garden to continue to exist. Also, there’s… in the literature, in the actual article language, it says that there’s a portion changing from LUG-3 to V-TECH… In this map there’s no LUG-3 to V-TECH. I ask you to turn this down. Have the Planning Board work on this. Again, I think the intent is correct. I don’t want to see the fish market go. I don’t want to see the… the gardens go. I think Frank’s been there long enough that he probably should be able to continue his existing use under a commercial allowance, but I think we need to go back to the drawing table to relook at this one… and get it right… particularly when V- TECH’s only been used in two or three areas around the island. As we start changing these uses over to V-TECH, we should really do it right from the get-go. Thank you. MM: Thank you, Madame Moderator. What I’d like to do is take a few minutes, and reserve comment, but first of all to address some of the technical issues, let me turn it over to Leslie Woodson if you would. Woodson: Hi, I’m Leslie Snell for the Planning Board. As Mr. Collier said, these properties are currently in a residential zoning district. We will be placing most of them in the V-TECH District. The purpose of this article is to formalize an existing commercial note in the vicinity of Bartlett Road and Hummock Pond Road, and to adjust the zoning to better match the character of these properties. The parcels that contain existing commercial uses will be placed in a country commercial district… V-TECH… and, although Mr. Collier did say that secondary dwellings are not allowed in that district, 30 garage apartments are, so you can still have two dwelling units on a lot, it’s just a different type of dwelling unit… The agricultural uses are allowed in all zoning districts, so there’s not an incentive here to change from agriculture to a commercial use. Maintaining agricultural uses are a choice of the property owner, and private entities can provide incentives for those agricultural uses to remain in place through the purchase of development rights. I would ask that you support the Planning Board motion. It does… implement the Master Plan, by implementing the Town and Country Overlay Districts… matching the zoning district to the character of the area, and establishing commercial notes in outlying areas. MM: Thank you. Is there anything….? Mr. Collier, a follow up? Collier: Thank you, Madame Moderator. Thank you, Leslie… I guess one question… I still do stand by my original statements. But also, number five in the actual motion… placing a portion of 65-1… currently in LUG-3 into V-TECH… I don’t see that on this map. So, if it’s not on the map, then it’s somewhat inconsistent with the language. And also, a use of V-TECH is that primary dwellings are supposed to be accessory to a commercial use on the property… Mr. Pease’s property doesn’t have a commercial use. This isn’t memorializing a use on Mr. Pease’s property. He also would be creating a nonconformity on his lot. Thank you. Snell: Thank you, Madame Moderator. The parcel that’s shown on the map as R-20, that’s going from R-20 to V-TECH… on the Tax Assessor’s Map, part of that property is shown as a separate parcel, so it was unclear whether the entire parcel was R-20, or if it was partially in R-20 and partially in LUG-3, so we listed it as both in the Warrant, just to cover any technical issue that may come up. While I have the microphone, I’d just like to address one last point that Mr. Collier brought up about subdivision potential. Although the potential for subdivision is increased on the lot going from LUG-2 to V-TECH, it’s decreased on the lot going from R-20 to V-TECH… so there’s no net… there’s a zero net subdivision potential. MM: Thank you. Okay… (Off-mike…One final question…)Alright, Mr. Collier. Collier: Somebody just said, if it’s not broke, don’t fix it. That’s my second point. My first point is, I might shoot myself in the foot. Does anybody who live in this… on these properties… are they here? I’m not shooting myself in the foot. I think that it would behoove them to actually be at Town Meeting to understand what’s being changed on their property, instead of all of us changing what’s on their property. MM: Okay. Anything else on… Article Fifty-Two? This does require a two-thirds vote. A yes vote will adopt the motion. A No vote will defeat the motion. Seeing no hands… the motion is as printed in the Warrant on pages 50 to 51… All those in favor, say Aye. Audience: (loud) Aye! MM: Those opposed, No? 31 Audience: (very loud) No! MM: That motion does not carry… Okay. I have a sense… Okay. Oh yeah, a hand count. I like to end the night on a hand count. It’s two-thirds. But people like to know… so. All those in favor, please raise your hands, and keep your hands raised until the teller’s have had an opportunity to count your vote… We’re voting on Article Fifty- Two… we’re doing a hand count… (Pause while count is taken.) Before we adjourn for the night, the Town Clerk has requested that we vote the uncalled articles, so that she can get them certified… So, hopefully I’ll just have a sort of a blanket motion to get those quickly voted. That vote will require, just so you know, no pressure… it requires a unanimous vote, because there’s one article, I believe it’s Article Two… unpaid bills from prior fiscal year’s, I believe, that requires a four-fifths vote… I’m not able to declare a four-fifths vote, so if the vote isn’t unanimous I have to take a hand count. Okay… All those opposed to the motion on Article Fifty-Two, please raise your hands and keep your hands raised until the tellers have counted your vote. (Pause while count is taken.) ( Off-mike…Okay. Want me to tell you? What I have? One, Two, Three, Four, Five, Six…Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen, Eighteen, Nineteen, Twenty, Twenty-One, Twenty-Two, Twenty-Three, Twenty-Four, Twenty-Five, Twenty-Six, Twenty-Seven, Twenty-Nine, Thirty, Thirty- Two, Thirty-Four, Thirty-Six, Thirty-Eight, Forty, Forty-One, Forty-Two, Forty-Five, Forty-Six, Forty-Seven, Forty-Eight, Forty-Nine, Fifty, Fifty-One… Fifty-Three, Fifty- Five, Fifty-Six, Sixty-Two, Sixty-Five, Sixty-Six, Sixty-Seven, Seventy-One, Seventy- Four, Five, Six, Seventy-Seven, Seventy-Eight, Seventy-Nine, Eighty, Eighty-One, Eighty-Three, Eighty-Four, Eighty-Five, Eighty-Six, Eighty-Seven, Eighty-Eight, Eighty- Nine, Ninety, Ninety-One, Ninety-Five, Ninety-Six, Ninety-Eight, Ninety-Nine, a Hundred, One-O-One, One-O-Two, One-O-Three, One-O-Four, One-O-Seven, One-O- Eight, One-O-Nine, One-Ten, One-Twelve, One-Thirteen (very low voice: One- Fifteen…One-Sixteen, One-Seventeen) Okay. Awesome. Okay. On Article Fifty-Two, Yes, 97, No, 161… Article Fifty-Two is not adopted. The basketball game is tied at nineteen, and… (laughter) although it probably isn’t anymore. And we’re gonna take a vote on all the uncalled articles. So, if you have them noted down, please follow along and make sure I don’t make a huge mistake. I’m going to recognize Mr. Kelly for the purpose of making this motion. Move that the following articles b e voted as recommended and or amended by the Finance Committee or as recommended and or amended by the Planning Board, as printed in the finance Committee report, with technical amendments brought forward during the course of the meeting. One, Two, Three, Four, Five, Six…Eight, Nine, Ten, Eleven, Twelve, Thirteen, Fourteen, Fifteen, Sixteen, Seventeen, Eighteen, Nineteen, Twenty, Twenty-One, Twenty-Two, Twenty- Three, Twenty-Four, Thirty-Five, Twenty-Six, Twenty-Seven, Twenty-Nine, Thirty, Thirty-Two, Thirty-Four, Thirty-Six, Thirty-Eight, Forty-One, Forty-Three, Forty-Five, Forty-Six, Forty-Seven, Forty-Eight, Forty-Nine, Fifty, Fifty-One, Fifty-Three, Fifty- Five, Fifty-Six, Sixty-One, Sixty-Two, Sixty-Five, Sixty-Six, Sixty-Seven, Seventy-One, Seventy-Four, Seventy-Five, Seventy-Six, Seventy-Seven, Seventy-Eight, Seventy-Nine, Eighty, Eighty-One, Eighty-Three, Eighty-Four, Eighty-Five, Eighty-Six, Eighty-Seven, Eighty-Eight, Eighty-Nine, Ninety, Ninety-One, Ninety-Five, Ninety-Six, Ninety-Eight, 32 Ninety-Nine, a Hundred, Hundred and One, Hundred and Two, Hundred and Three, Hundred and Four, Hundred and Seven, Hundred and Eight, Hundred and Nine, Hundred and Ten, Hundred and Twelve, Hundred and Thirteen, Hundred and Fifteen, Hundred and Sixteen and One Hundred and Seventeen. Is that your motion, Mr. Kelly? Kelly: So moved, Madame Moderator. MM: Is there a second? Great. Then, all those in favor of that motion, please say Aye! Audience: (loud) Aye! MM: All those opposed? Audience: (silent) MM: That motion is unanimously adopted. I would entertain a motion to adjourn tomorrow at six p.m. at this place. Thank you. I will accept that unanimously. (Side B blank) Night Two April 5, 2011 Tape One Side A MM: -- so I’m gonna put Mr. Barida in place of Mr. Reade. In One-O-Five and One-O- Six. Okay. Article Fifty-Four. It appears on page 52 of the Warrant. It has a positive Planning Board motion. It is as printed in the Warrant. I ask for your unanimous consent to waive the reading. And I would recognize Mr. Rector, Chairman of the Planning Board for the purpose of moving the Planning Board’s motion as printed in the Warrant. Rector: So moved, Madame Moderator. MM: Is there a second? (off-mike: Second.) Motion is made and seconded. It was called by Mr. Collier, so I’m going to go right to him, I think. Collier: Thank you, Madame Moderator. Cormack Collier. I’m going to be very brief. If you could pull up the map really briefly. I’m gonna do something a little different here. Instead of telling you what I think is wrong with this article, and what I put to the Planning Board… I just want to say, briefly, what this article is is a gentleman trying to change a portion of his lot from R-20, twenty thousand square foot zoning, to R-10, ten thousand square foot zoning. Clearly just an article to serve… his purposes. And I felt that… I believe in the Town Meeting process. I believe that if you want to change the zoning on your own individual lot, you should come to your peers, come to your community at Town Meeting, and explain why. So instead of telling you what I think is 33 wrong, I think the individual and the Planning Board who voted on it, should tell you what they think is good with the article. MM: Mr. Walsh? Walsh: Thank you, Madame Moderator. Good evening. As you can see on this map… As you can see on this map— MM: I’m sorry… Could you identify yourself for the record? Walsh: Sorry. I am Robert Walsh. I am the owner of 39 Bartlett Road. This… map,.,, the lot in question, 39 Bartlett Road, is a large and unique property for this area. All of its three hundred and seventy five (375) frontage… foot frontage… is… abuts the R-10 Zone. As you can see… R-10. What I’m asking for is that you allow one lot, with all of its frontage, to be in the R-10 zone, and the remaining property to stay in the R-20 Zone. This will enable me to subdivide the property. The family that’s living in the house and I for the past five year I’ve been paying on a mortgage that’s under water, due to devaluation of the property. A positive vote will maybe bring the assessed value up to our current debt level. Once subdivided, the town will be able to have two properties with two different owners to tax. As stated in page 147 of the Warrant, the Planning Board considers this in compliance with the Master Plan, and they voted in favor of this article as amended. I respectfully request that you agree with them and vote in favor of this article. Thank you. MM: Thank you. Mr. Rector? Rector: Thank you, Madame Moderator. I’m Barry Rector, Chairman of the Planning Board. This came before the Board, and we really did listen to the applicant, and a few things came to our attention. If you look on the map, on both sides of him, is R-10 zoning at this point. So, he… I believe he’s still consistently within his right to ask for that change. The other thing was that if this lot did go strictly to R-10, he could wind up with three lots. And, I think, I’ll give to Mr. Walsh’s credit, that he instead decided to bring it down to two, which, as we listened to it, the Board thought was a reasonable compromise here. I ask you to take some consideration tonight, listen to his story, listen to the time that we took with this as well, too, and say I think this is a good move for the Town to adopt at this point. If I may have just a moment of latitude… Madame Moderator? MM: Yes. Yeah, I know. It’s zoning night, tonight, and here you all are, God bless you. The only thing I want to say is, I know zoning is really tough to get through sometimes. It’s definitely one of the driest subjects you’re going to run into, but as you can see, too, it also holds a lot of weight, in terms of what happens with the Town. So, I can’t necessarily speak for my whole board or the staff, but I do want to say, thank you for being here tonight. Thank you for weathering through the process. It means a lot I think to all of us to see you here tonight. Try to work with us, and really, if you do have any questions, and the staff, I think, would echo this in a second, this is what we’re here for, 34 as well. So, if no one else says it, let me say thank you for working with us and weathering through this tonight. Andrew did you want to say anything further? No. He’s gonna… he’s gonna be shy. Thank you. Thanks again, Ladies and Gentleman. I really do appreciate it, and I know our board and staff appreciates it. MM: Thank you. Ms. Williams. Williams: I’d like to thank you also for being here on one of the most torturous nights… zoning. We voted in favor of this, or, at least I voted in favor of this, because it’s immediately next to an R-10 Zone, and it’s across the street from an R-10 Zone, which used to be RC-2, and if you look at the pink section, you’ll see RC-2, which is only five thousand square feet, and last year, or two years ago, we helped out the residents, which is now in the R-10, by changing from RC-2 and any threat of commercial, to R-10. Town Meeting is in the habit, or, used to be, of helping its citizens… in small ways, when it doesn’t start a negative precedent. And this is not a negative precedent. We’ve done other zoning changes that have helped citizens of Nantucket maintain their homes. This is one of those occasions where that’s the case. It doesn’t qualify necessarily for a covenant. If they cannot subdivide, they have a large percentage of losing their home. Or losing the ability to construct a home on that lot. If you take a look again it has been subdivided, or bifurcated, because he’s left the R-20 on the left side, and he’s only going to R-10 on the corner, which is right next to the rest of the R-10. It is not considered spot zoning, because it is immediately proximate the R-10 zone. I’d ask you to vote in favor of this. Cormack asked what’s right about it. What’s right about it is that we have the chance to help a family stay here and keep their property. Thank you. MM: Thank you. Mr. Holland. Just give it a second. Holland: Thank you. Chris Holland. Just looking at the map, if this were to be approved, or passed or what have you, then why wouldn’t we expect next year to have all of the people… I presume north of what we’re looking at now, with two dwellings, or two buildings, at least, on every lot… Why wouldn’t we expect them to come in and want to split them into two lots also? I fail to understand the reasoning. I think that this gentleman could probably put a second house or dwelling on the lot, and that’s where it was zoned. Thank you. MM: Thank you. Ms. Benz? Benz: I agree with Mr. Holland. I think that… we have just gone through a very serious, and I think very productive… number of Annual Town Meetings where the Planning Board and the Planning Staff has done a wonderful job in trying to bring uniformity and conformity to… sections like we see there in green. And, I understand the plight of people. This is like a private bill that is being brought to the… the voters here. But I think it… sorry to have to disagree with Linda, but I think it does open up the possibility for other people… to try to… accomplish the same thing. And it almost flies in the face of all the work the Planning Board has done, I thought, very, very well over the last few years. Thank you. 35 MM: Thank you. Yes. The gentleman right across the aisle. Speaker: Kent Murphy. I’d… I’d speak in favor of Bob’s article. I want to point out again that… this is a Town Meeting. We are a town. We do come together at times to make decisions. That’s what this process is about. If people came forward in the adjacent lots, they would be taken on their merits. And I think that the merits here are that the R-10 is adjacent… and especially the RC-2 being so close, it’s appropriate for the area. Bob did make compromise when he went to the Planning Board meeting. That’s what those meetings are for, to work out this kind of thing. I think you’ll find, with the restructuring and the Comprehensive Plan and the good work that the people… sitting down here… have done, there has been an overall net gain… if you want to say that… in the reduction of buildability in the zoning process in the Comprehensive Plan. So you’re not going to really be giving away something for… you know, to have this lot. So it’s appropriate to… the area… and it’s not going to be a domino effect, because …the same parameters don’t meet for those other lots being so close to the RC-2 and the R-10 wrap around… like that… and the street frontage. And, the bottom line is, that if it does come, it’s gonna come right before you, and it’s gonna come on a case by case basis. And that’s why we have this Town Meeting. Thank you. MM: Thank you. Yes. Mr. Kaiser. Kaiser: Yes. My name is actually Pete Kaiser (Kazer) but— MM: Sorry. Whatever— Kaiser: I just want to make some—just a brief statement. I believe the Planning Board has done their due diligence and turned a positive motion, backed by the Finance Committee. So I’d urge the fellow citizens to support this article. Again, the family’s been here a long time. The kids grew up here. For what that matters… if it doesn’t… And the other thing is that it also sits on Town water, Town sewer, so… that’s it. I would urge you again to approve this. MM: Thank you. Okay. Up in the back, and then I’ll come over here. I’ll go to Mr. DeCosta. DeCosta: Is it on? I would urge everyone to support this, for a number of reasons. One, as Pete just said, it’s an island family who’s in a situation where if they don’t subdivide this lot, they could possibly lose their home. Now, you may call that spot zoning, I call it doing the right thing. The second thing is, is this is an area where we have Town water and we have Town sewer, and this is in an area where development should be encouraged, not discouraged. We just had an article in Town Meeting last night where we approved the amount of money that we’re going to pay for out of our taxes because there’s not enough homes to pay for the sewer treatment plant. Well here’s a property that already has water and sewer running down it. If they sell this lot off, they’re going to have to pay the land bank fee, they’re going to have to pay the sewer privilege fee, and 36 they’re going to have to pay the monthly sewer charges. This is a perfect example of where a lot should be developed. I just… I don’t understand why we’re even debating this. This seems like the right thing to do. Thank you. Mr. LaFarge. LaFarge: Thank you Madame Moderator. Bam LaFarge. I would just like to ask of Mr. Vorce, or some power that be, if this were denied, could they apply for a second dwelling? MM: Yes. The answer is yes. They could apply for a second dwelling. Okay. This… Oh… Ms. Wheatley? Wheatley: Thank you, Madame Moderator. Nancy Wheatley. This may be my one chance tonight to thank the planning Board staff for all the good work that they do. I think the fact that they went through and considered this, and we are in such good shape with our zoning right now, suggests that this is a good plan. And the one thing which none of the recent speakers have said is, this is going to improve… the Town’s financial situation is better as well, because they will now have two properties instead of one. It’s not the same as having a second dwelling on one property. SO I hope people will support it. MM: The gentleman in the blue sweatshirt in the… Do you want to just stand up? I’m sure Mr. Goodman will hand you the microphone. Speaker: Thank you. I had my zoning actually change from RC-2 to R-10 and I couldn’t subdivide my lot. And because of that my house is basically in foreclosure. This gentleman, who I’ve never met before in my life, I don’t know if I’ve ever seen him, but I know he’s at Town Meeting… he’s asking the people he lives next to and votes with to help him out. Maybe someone else like Kent Murphy might get a building job out of this. Maybe we might tie into Town Sewer. Maybe someone else could live here and help out the community and be a part of the community, instead of just looking at something and saying it sets a precedent, or something else like this. He asked… I mean… look at every single one of those lots has two dwellings on it. Just… I don’t know… maybe the Land Bank can buy the lot from him after he subdivides it. But there’s got to be another solution, instead of just saying No to someone who obviously wants to live here, and obviously has gone and done his due diligence to put an article in Town Meeting. MM: Thank you. Okay. This article requires a two-thirds vote. A yes vote will adopt the Planning Board motion as printed in the Warrant. A No vote will defeat that motion. All those in favor, please say Aye! Audience: (loud) Aye! MM: All those opposed, No? Audience: (loud) No! 37 MM: Okay. I’m going to have to do a hand count, so all those in favor of the motion, on Article fifty-Four, please raise your hands and keep your hands raised until the tellers have had an opportunity to count your vote… I have been given a note that there is a silver Toyota, license 971EFG in the pool lot with the lights on… I also want to mention that tonight, April 5th, is the fifty-second wedding anniversary of John and Bev McLaughlin. (Applause) Yay! John should be down with the Planning Board, but he’s hiding way up in the back, and Bev is doing all the work checking people in, she’s one of the dedicated checkers. All those opposed to the motion on Article Fifty-Four, please raise your hands and keep your hands raised until the tellers have had a chance to count your vote. (Pause while count is taken.) In 1761, two hundred and fifty years ago, at a legal Town Meeting in May, it was voted that the Town will make an application to the General Court to desire them to pass an act to masters and mistresses of houses entertaining of minors at unreasonable hours of the night in drinking, carousing, and frolicking, contrary to the minds of their parents or masters. (Laughter.) Voted that the Selectmen of the Town draw up a petition on behalf of the Town to the General Court in order to have the above mentioned vices suppressed. (Laughter.) (Pause.) Here’s another hospital fact… Nantucket Cottage Hospital purchased its first home in December, 1912, on Westchester Street, and opened two years later with the first of its only three patients during that summer, admitted on August 12th, 1914… On Article Sixty… Mr. Murphy has withdrawn his call of Article Sixty, which is a zoning bylaw amendment lot area article… It is…on page… sixty-one and sixty-two of the Warrant… and it had a positive Planning Board recommendation… Does anyone else wish to be heard on Article Sixty? If not, I’ll throw it by itself into a pot that may grow…to be voted on at the end tonight… (Pause.) Okay. The vote on Article Fifty-Four… Yes, 206… No, 65… Two- thirds is 181… Article Fifty-Four is adopted. (Applause.) Okay… Then we go to Article Fifty-Seven… which starts on page 54… and continues to page 55… where the Planning Board motion is near the bottom… It continues onto page 56…. We did have a technical amendment, changing Allen’s Way to Allen’s Lane... on those three parcels on 24, 26, and 28… With that… amendment, is that your motion, Mr. Rector? Rector: SO moved, Madame Moderator. MM: And I would ask for your unanimous consent to waive reading that… thank you. Is there a second? Motion is made and seconded. Mr. Collier? Collier: Thank you, Madame Moderator. Cormack Collier. I won’t be as brief as… I was on the last one. I want to say a few things on this one. This is a very interesting article in terms of really looking at the Hooper Farm area… all the way from this certain zoning of the area, the lot sizes, and, maybe most importantly, the state of the roads, and potential subdivision in that area… The Planning Board really did a lot of thinking about this article, and actually ended up having a… three to two vote… What the article itself is, is all the lots that are in red are proposed to be changed from R-10 to R-1… R-10 is minimum lot size ten thousand square feet, R-1 is minimum lot size five thousand square feet. R-1 is scheduled to be… phased out for the Master Plan… and most likely replaced with.. R-5 I believe…The Planning Board, during their deliberations and discussions 38 were presented, from the Planning Board staff, with a series of recommendations. One was, do nothing. One was, take out…a number of lots, There used to be more lots that were involved in the original article…Take out a number of lots, leave these in, and then take out all the lots, except for one lot that was one First Way, which, essentially, abuts R-1. After thinking about this article, and participating in those discussions, I wanted to offer a compromise amendment. I sent it to you earlier. I’m not sure if you pulled it up. It’s fairly self-explanatory… Another issue that came up during the planning Board discussions was… really looking at this area in a more holistic sense, instead of … doing such a large scale change from R-10 to R-1,… Before you… you go too far… tell me… we didn’t get a chance to make your… Collier: Yeah, very simple. Basically it’s just to leave… the only lot in is 55-99.1… the lot on First Way… MM: Okay… So your motion is to delete all of the land except… which one…? Collier: the first one that was on that list… that is crossed out. MM: Oh. 55-99.1… at 12 First Way… Collier: Yeah. I make a— MM: Wait—okay. So you say, So moved. Collier: So moved. MM: And then the person next to you says seconded…. Perfect. Now, you can go ahead and discuss your amendment. Collier: Thank you. Like I said, this amendment is a compromise… to, hopefully get the Planning Board… on board… unanimously, going forward, to potentially look at this… at this area…Maybe not necessarily as an Area Plan, which has been done in certain areas, to look at a whole range of different issues…But more… maybe a more comprehensive micro plan that will look at zoning… looking at how some R-5 could potentially go in some areas. Look at, the roads…most particular… some of the lots that I’m taking out could be ANR-ed… which means Approval Not Required… which means that the Planning Board’s hands are completely tied on doing any potential road improvements…those roads in that community really need a lot of improvement. That’s not just from me, that’s from the neighbors that are in there. So, I think what this compromise amendment is hopefully doing is allowing this one lot, which potentially was left out when that R-1 got changed recently, in the past, past couple of years. Take those bottom lots out, which is a very long peninsula, going down to Hooper Farm and the back road…just allowing that change to happen. Have the neighbors, the residents of the community work with the Planning Board, bring back a proposal next year or the year after that we’ll look at this area in a more holistic sense. 39 MM: Is that the lot your— Collier: That is the lot. MM: That’s the lot you’re leaving in-? Collier: Yes— MM: These lots are out. Collier: That’s the amendment, yeah. MM: Okay… Collier: Thank you. MM: Thank you. I didn’t know whether the sponsor was here and wanted to speak, otherwise I’ll go to Ms. Williams. Williams: I don’t want to necessarily retread what we just did with Mr. Walsh’s lot, but we may have a similar situation here… It started out…as Cormack said, with an awful lot more lots going down Bakus Lane, which is right across from the ice rink… Going down the back side on the West side of… Allen’s Way… or Allen’s… Lane… We took all those out because they’re immediately proximate to wetlands, and they’re much bigger lots. The Master Plan, that we all passed here… almost unanimous vote, some years ago…says to increase density where there’s already density… As everybody knows, the mid-island are is heavily developed, mostly by year round people… almost exclusively by year-round people… or, if someone off-island owns a house, it’s rented to a year- round… occupant… When this area was first developed it was developed as an R-1, which is five thousand square feet. I know these R-1;s, V-TECHS and things like that are very confusing… but R-1’s five thousand square feet. Cormack mentioned that there are plans to convert this to R-5, which is five thousand square feet… Good question. We’re not going to R-5 yet… there has to be a little bit more work done on that… and there’s more of a… we’re trying to get rid of all the R-1’s all over the island. But, in the meantime, I don’t believe some of the residents who are impacted by this along Hooper Farm Road can wait till we get to the R-5… This is… if you look on the North side, up towards the top, that R-1 was added back in about five years ago, to help someone who lives here year round who is also losing her home. They were allowed to subdivide, and the woman who subdivided it subsequently died, and the house to her family, and the other person was able to keep her home. She still lives… she’s a Town employee… and she still lives there with her family. This is what’s happening. Conversely, we increase density under the Master Plan, where density’s appropriate, which is here, and we decrease density outside of Town, which is what we have done… over the last ten years, open space has been restricted… there have been a lot of up zoning. We have traded off in the out of town areas that don’t have water, don’t have sewer, don’t have a bike path… this has water, sewer, NRTA, and bike path, and it’s within walking distance of the 40 school, and every morning you can see a bunch of kids walking down that sidewalk, and down First Way. MM: If you could wrap up, Ms. Williams. Williams: There are a lot of people impacted… by the change…in a favorable manner. I know one guy at the other end is possibly going to lose his property if he’s not able to subdivide… He does have an ability to do so, because his house is located appropriately. We’re not going to see a massive amount of subdivision going on here right now, because the houses are located in the middle of the lots. If anything, I would like you to vote down Mr. Collier’s Warrant article, and vote in favor of the whole thing. This helps year round people. It helps people stay here. And without that class of people, we don’t have a community. It’s not all everybody living out in Polpis. MM: Thank you… Yes. Speaker: Hello? Hi. I’m Megan Valero. I’m the article sponsor. I live at 12 First Way…I live down that horrible, rotten, bumpy road. The.. the reason this article was submitted was because… at least six of my neighbors in the last year have been foreclosed upon. So it makes pulling a comp to re-fi my home very difficult… because when things go up through a foreclosure auction, it pulls the whole property value in your neighborhood down. When we worked with a real estate agent and our bank, it was their suggestion that we apply for this zoning, same as next door to us, because basically, on paper, it makes our property more valuable. We have no intention of subdividing the lot. It would mean tearing down our house and putting up two smaller homes. We have two kids. It doesn’t make sense… And we have been informed by the planning Board the intention is to move to an R-5 type zoning… in the next year, and there’s no way… that I personally would get it done in that time… When we purchased our home… the properties abutting us were all R-10…and in the time between when we purchased our home and when we moved into it, the zoning was changed… new owners took ownership of the property directly next door, they tore down the small cottage that was there, and built three horribly ugly, you know, ten pounds of potatoes in a five pound bag houses next door to us. I wouldn’t want to do that to my neighbors. But the zoning is what we need to make , on paper, the property more valuable. We’re just looking to leverage so me equity… the same as our next door neighbors… have been able to do… and if you’ve ever driven down First Way… it’s some pretty dense settlement, particularly on the left- hand side of the road…it’s us… we’ve got a pretty big lot. We abut the Land Bank land…there’s another property… and then there’s the skating rink… so we’re sandwiched… our little lot… in between very dense R-1 zoning…that has been taken advantage of… homes have been built… in keeping with that…and then the skating rink and the public schools… MM: Thank you. Okay. On Mr. Collier’s amendment only… Um, yes. Speaker: Mark Donato. I feel that, eliminating every single lot except for one is more than just an amendment. It’s kind of going beyond the scope of what’s going on here. I 41 think we should be able to vote on this article as it stands, instead of getting ourselves down to just one lot. MM: Thank you. Just on the amendment. Mr. Collier? Collier: That’s a good point. The reason why I did do the amendment is because I only heard from one proponent… and the proponent was… Ms. Valero… who I have… left in… in my amendment… During the Planning Board process, I only heard one person, and it was Ms. Valero. I believe she… when she originally submitted the…article… she was under the impression that… incorporating more individuals in that community might let it have more of a regional planning process, and have Town Meeting feel a little bit better about the process. But none of those people that are incorporated by these lots were involved in the process that I was aware of…so that’s why I did the amendment… MM: Mr. Lowell? Lowell: I thought I’d be saving myself for the parking garage… Okay… thank you all for coming, by the way, I’ll echo that… I want to just make a general point… I agree with Mark’s comment up in the back, that was a good point. When you’re dealing with the real local areas…it’s not the same as dealing with the Area Plan areas in Madaket, Tome Nevers, Surfside… it is a completely different thing to deal with. At this public hearing on this article, there were no objections from the neighbors and there were neighbors there… There was one letter negative…But the neighbors that were there did not object to this, because we … we continued this… I think we had three hearings on this, Andrew? We had two, okay…We moved it, and came back, and had another hearing… And, you know, the reason that there’s no one here about the other lots is because that’s the reason that there’s a lot of empty seats in this room. Because not everybody comes to Town Meeting… even when it’s something that effects them, because they don’t like to air out their personal situations in public… That’s just the way people are… in these areas… not everybody… is… tuned to what’s going on around them, as far as all the Town stuff, and that’s just how people are… Now, as far as Cormack has put forth… you know, it’s his job, as the Land Council Director… He comes to every meeting, and believe me, he says what he’s gonna say when he has his chance. And I just want to make one point… and this is nothing negative…but… there are a lot of other areas that the Land Council has their say… Out of town… wetlands, and other sensitive areas, with all the subdivisions, what’s left that there are now, there aren’t as many as there used to be. But they get their… their crack at us… and their bite of the apple… all over the island… these little areas in town really are about townspeople…thank you… MM: Thank you… Yes… Ms. Wheatley? Wheatley: Thank you… Nancy Wheatley… Madame Moderator, we all know that Mr. Collier works for the Land Bank, but he did not— MM: Land—Land Council. 42 Wheatley: Land Council, excuse me… but he did not identify himself as representing the Land Council for this, and I’m wondering if he’s speaking for himself or for the Land Council… the Land Council… yes. MM: The Land Council. He is speaking for the Land Council, and I should have mentioned that. I just always assume that when Mr. Collier speaks, he speaks for the Land Council, unless he says otherwise, and that’s my oversight… On Mr. Collier’s amendment, this does… oh… okay… Mr. Sanders… I thought you were saving yourself for parking, too. Sanders: You stole my joke. MM: Oh, sorry! Sanders: I’m actually speaking in favor of this amendment. Simply because… this… article… involves eleven lots… but this neighborhood is a lot bigger than eleven lots, and I was at the first public hearing when this came forward, and the Planning Board did mention something important, and that was that this area does really deserve its own area plan… so… I think this amendment does what the original sponsor of the article wanted to do, and it doesn’t deal with eleven… it doesn’t just deal with eleven lots, it deals with one lot… It solves the problem at hand. And then, if we could get back to an area plan, here, I’d even be happy to sit on that area plan work group, because my lot is… just below… below where the page ends. And I don’t want to see five thousand square foot lots come to my neighborhood, and they seem to be creeping in my direction, so please support the amendment. Thank you. MM: Thank you. Okay. We’re first going to vote on Mr. Collier’s amendment. And the amendment is to eliminate all of the lots except for the first lot…. which is that 55-99.1 12 First Way…A Yes vote… and this only requires a majority vote because it’s an amendment. A Yes vote will adopt the amendment. A No vote will defeat the amendment. All those in favor, say Aye. Audience: (loud) Aye! MM: Those opposed, No? Audience: (loud) No! MM: Okay. Quick hand count. All those in favor of the amendment, please raise your hands and keep your hands raised till the tellers have had a chance to count your vote. (Pause.) And all those opposed to the amendment, please raise your hands and keep your hands raised till the tellers have had a chance to count your vote. (Pause for count.) Okay, on the amendment, Yes, 163. No, 114. The amendment carries. So… now we are on Article Fifty-Seven, as amended by Mr. Collier, with just the one parcel included. Is there anything further, or can we go right to a vote? Okay… This requires a two-thirds 43 vote. A Yes vote will adopt the … motion as amended by Mr. Collier. A No vote will defeat that motion. All those in favor, please say Aye! Audience: (loud) Aye! MM: Those opposed, No? Audience: (silent) MM: That motion carries by a declared two-thirds vote… Mary… Mary Wahro… Mary, could you come up here for a minute when you have a chance? We’re having technical issues. Okay. Article Fifty-Eight. Article Fifty-Eight starts on page 56 of the Warrant. It continues to page 57… There’s quite a chart… 58… 59…The Planning Board motion, on the bottom of page 59, moved that the article be referred to the Planning Board for further study. There is a Planning Board comment on page 60… and a Finance Committee comment supporting the Planning Board motion. Mr. Rogeveen called this article, and I’m going to recognize him for the purpose of making a positive motion, which is as follows… Rogeveen: I make the motion… that’s up on the screen. Which would be to… MM: Okay. I’m going to… I’m just going to explain this motion a little bit.. This motion I think is essentially the text of the article as printed in the Warrant. Is it not? Rogeveen: That’s correct. MM: Okay… Just with the little bit in the beginning changed to turn it from a article into a motion. Rogeveen: That’s correct. MM: Okay. And I would ask for your consent in not reading it. Thank you. And, is that your motion, Mr. Rogeveen? Rogeveen: That’s my motion. MM: Okay. Is there a second? Motion is made and seconded. Mr. Rogeveen. Rogeveen: My immediate action at this point would be to move to amend Article Fifty- Eight… by deleting paragraph three. And the and/or, as well as the rest of paragraph three. MM: Okay. So you’re moving to amend that motion… Rogeveen: Correct. That’s the motion. 44 MM: Okay. And that’s been seconded. SO on your amendment, go ahead. Rogeveen: Thank you. With paragraph three deleted… this article… this Warrant article would prohibit swimming pools in the residential Old Historic District and the Sconset Old Historic District. I’m here tonight… I’m not speaking for the HDC, I’m not speaking for the ConCom, I’m not speaking for the Town. I’m speaking as a resident property owner in the Old Historic District. I live in town. I have been meeting with a number of other people who live in town, all of whom are concerned with this issue. Last year, the HDC submitted an article to increase the setback for pools… to… which would have restricted the number of lots in the district on which pools could have been built. The HDC had proposed the article, because it had been the one place the residents on the old historic District could come to vent their frustrations with the newcomers who are jamming pools into the density which is downtown. Downtown, by the way, the Old Historic Districts are five thousand square foot lots. We’ve just heard people saying they didn’t want… five thousand square foot lots…well, a good part of downtown is actually under five thousand square foot lots… They’re nonconforming. The motion last year received a majority of the votes… received positive votes, but it did not receive the two- thirds necessary to pass the zoning article. The debate at Town Meeting, and the comments of the Planning Board, focused on whether the HDC had accurately gauged the feelings of the Old Historic District residents, or whether this was just an HDC… move. Barry Rector, Chairman of the Planning Board, last year as well as this year, stated at Town Meeting, quote… It is important when we are faced with these issues to develop a relationship with our neighbors that will engender mutual respect. If you don’t want pools, please just say, We do not want pools in our area…. still quoting… He stated, what the Planning Board said to the HDC is that what we really want you to do is what we have done with our zoning articles… to go into each and every neighborhood… talk with your neighbors, give them notification of it, and begin to figure out how that works within your particular neighborhood…. We’ve done that. And the Planning Board staff did that. They conducted a survey last year of all the residents who live in the effected districts. The respondents to those surveys were one-third year-round residents. Seventy percent of the respondents, whether they were year round residents or summer residents, did not rent their houses out to others. They were owner-occupied houses. Eighty-two percent of the respondents wanted to regulate pools in some manner or other, and that’s the same percentage who viewed pools as incompatible with the Old Historic Districts. And seventy-two percent of the respondents said that their first choice would be to prohibit pools. This survey was presented to the Planning Board, along with a draft prohibition on pools, which ends up being what’s up there now, if you take out Article… take out Paragraph Three… The article has a bunch of complicated charts in it… I find complicated, but I’m sure the people who practice the zoning regularly understand it. But essentially what it does is… there’s an addition of a residential swimming pool, and if you look across the board, in the RH and ROH Districts, there’s an N, which means that they’re not allowed. So the article would prohibit pools. The Planning Board did not endorse this staff article. Unfortunately the Planning Board discussions got involved in other things, such as, whether or not the pool industry liked the article, and members of the pool industry came out and proposed ways to amend the article, make special permits, make conditions, and a number of other things that would ensure that pools could still be 45 available in the old district. Ultimately, that’s what created Paragraph Three, which is some vague commitment… to a special permit process… People who live in town have spoke unequivocally that pools don’t belong in our district. There’s a number of reasons we’ve hashed through last year. The noise impact, as well as visual impact. The impact that it has on … you know, everybody wants a pool in their yard, but nobody wants a pool in their neighbor’s yard, typically, is the way it goes. But there were concerns raised last year about he pool that was proposed to be behind Saint Paul’s Church. .. and whether or not that would create an impact. And in fact I have spoken to a number of people at St. Paul’s Church that indeed it had. Zoning ultimately is to provide for the peaceful enjoyment of property by the residents who live there. Especially in tight quarters, such as the two historic districts in Nantucket. It is not to secure business opportunities for one preferred class of businessmen. I don’t mind pools. I think pools are great. Just, maybe we can mandate them in another district, to counterbalance here. But pools don’t belong in the core district, and the residents of the core district have spoken that way, and I urge you to support the amendment to the motion, and then follow that up with ultimately supporting the main motion, and that is to prohibit pools in SOH and ROH Districts. Thank you. Rector: Thank you, Madame Moderator, I appreciate that you recognize me, although I know… there you go, back in the official status there. Mr. Rogeveen called me out, and I’m going to tell you that as one member of the board, I emphatically stand behind what he said from a year ago. No question about it. I will tell you, when we went before the Planning Board, to use the word healthy debate… an interesting choice, but there was a good debate on this thing, and it lasted long and hard. Realize though, that where I am right now, I’m the Chairperson. And part of my function as the Chairperson is to represent the majority of you on that board. That’s what I’m here to do. If you haven’t turned to page 60, where it says Planning Board Comments, I would urge you to read through that, because this is what the majority of the Planning Board said, and I think it was right…with a whole bunch of potentials of what could happen in this area… and I think even tonight, on Town Meeting floor, and I may be corrected in a few seconds, that you will hear every side of the story that’s going to possibly come out. So, I’m kind of torn somewhere in between… I’d ask you at this point to… if the time becomes available.. to look at the Planning Board motion, and let’s get a work group together, because this is what the majority of the Board wanted to do. Thank you for your time, and if you have any questions for us, please feel free to ask. MM: Thank you. Ms. Williams. Williams: I’m not speaking with my HDC hat on. I had a divergent feeling, as a member of the HDC, from my Planning Board hat. Jurisdictions are vastly different. I can bring a certain sensibility from planning to the HDC, and from HDC to planning, but I can’t cross jurisdictions. If I’m sitting as a Planning Board member, that’s what I’m going to be making my decision on as far as a recommendation. When Mr. Rogeveen said that we were concerned about the impact on pool builders… that’s an overstatement. When you’re at a Planning Board hearing, you consider all sides. There was a representative from the pool builders’ group, the landscapers’ group… and we heard that side. Are we 46 only supposed to listen to one side? I don’t think so. The Planning Board has to listen to all sides, no matter whether you agree with them or not, and then make a rational decision. There was not three votes in favor of an outright ban. There were not three votes in favor of another proposal. We had to come up with a compromise to get it on the Warrant… because there was two in favor… two opposed… and there was a swing vote… I went with those who wanted to put it on the Warrant. It didn’t have to be here at all this year. I wanted to give the Town Meeting a chance to discuss this matter in a rational manner… that means both sides… not just a select group. I’m still concerned, and I was concerned before, about where this is going to end. A zoning bylaw doesn’t generally deal with somebody’s noise in the backyard… if there’s somebody swimming in the pool or having fun… it’s a slippery slope…I’m very concerned about that, and I’m very concerned that there are no standards… for a pool or not a pool.. what a majority of us felt, is that there should be special permit relief… the HDC seems maybe one or two pools a year, and sometimes not any at all, in the ROH and the OH Sconset Old Historic…It’s not an overriding issue… The pool behind Saint Paul’s brought this all up… because there were some issues with that, and compliance, and it’s not in compliance, apparently…I don’t know… but I think what needs to happen is it needs to go back to the drawing board with a work group to both sides of the issue and get it straightened out. There were a number of anomalies… which to me discounted the veracity of the survey… there were door-to-door campaigns… there was all kinds of stuff… there were ballots that were not built.. that were not mailed out, copied, and put back in…there was all kinds of issues, I really don’t want to go into that… we can if you want… but I’d ask you to vote down Mr. Rogeveen’s amendment. Let the Planning Board put something together, like the fertilizer group, which came up with a great article… that was subsequently passed after being rejected… and let’s get something in place.. but I think to outright ban what’s gonna stop? Are you going to ban trampolines? Are you going to ban play sets, because there’s too many kids out there playing, and you don’t like the noise? This is where it’s going. If you cannot see a pool because it’s screened… by fences… by the buildings… by….vegetation… then the jurisdiction falls out of the HDC, and there are some properties that do that… MM: Ms. Williams--- Williams: It’s not me to tell you you can’t have noise in your backyard. Or you. MM: Thank you. Now just on the amendment only… Yes. Mr. Barnes. And then I’ll go to you, Ms. Holland. And we’re just now talking… I know we’re just sort of talking generally about the article… But let’s try to keep it just to the amendment. Barnes: My name’s Curtis Barnes. I live next to the oldest house in the Old Historic District. I am generally not in favor of pools in town in small lots. I became more interested in the whole question on Thursday, when I received a notice from the HDC, that my new neighbor wants to build a twenty-five by fifty foot swimming pool in the house next to me. So, as you’ve heard before, you know, not in my neighbor’s backyard… I’m just using that as an… I hope… interesting point that things are still coming forward… the HDC will not even hear this application until next week, because 47 they’re not meeting tonight, and I certainly will be going there to ask them.. to do something I understand they can’t do… my concern, more than the fact that this new person, who lives in London, is going to put a twenty-five by fifty foot pool, taking up all the rest of their yard, with a thirty foot setback, so, it meets that requirement, my concern is that at ten o’clock at night, when my grandchildren are here and are trying to go to sleep, that there not be lights from lights around the pool, that there not be amplified music, that there not be parties, and there not be a lot of noise. But I understand that’s not an HDC concern, it’s a Planning Board concern. So, in due course, I will pursue that agenda as well, but in the meantime, I am in support of Mr. Rogeveen’s amendment. Thank you. MM: Okay. I think all the discussion I’m hearing is really about the main motion, and not so much about Mr. Rogeveen’s amendment to that main motion, which is just to delete the special permit language… Am I wrong about that? (Inaudible) Okay, so you want to talk about… so when I call on you, be talking about the special permit. Don’t be talking about the rest of the article, which is whether or not you can have residential swimming pools in the SOH and ROH zone, because that’s in the main motion itself. The amendment is only dealing with the elimination of the Special Permit granting authority. Okay. Up in the back, Mr. Jackson? Jackson: Haziel Jackson, in town resident, taxpayer… I’m sorry I have to just talk about this Special Permit thing, but to say very simply, that’s a loophole that breaks the camel’s back or something, okay? For a metaphor. And I want to… I boil this down to three issues… one is tourism dollars, one is history and preservation of history, which Nantucket is usually trying to do… and the third one is the one percent solution, by which I mean that remember, this is only less than one percent of the entire island… pools, trampolines, everything can be do and done everywhere else, and we’re not even outlawing trampolines in town. It’s one percent of the entire island… two historic neighborhoods… and we all know how special that one percent is… that’s why we’re here… and more important, that’s why our tourists come here. Now, I’m in the tourism business, have been for two generations, my parents have…you know, sort of two generations… my parents started a long time ago the bed and breakfast in downtown… The Carriage House…you maybe… some of you know Bill and Jean McHue… I want to honor my ancestors, my forbears, my parents, in preserving history in the town, and protect this town for the future generations that might want to see what a historical place once looked like. Nantucket is unique. As we all know, there is nothing like it in the rest of the United States… I get tourists coming tome, who’ve been here before, years and years ago, maybe they come as often as they can, maybe they came when they were children. They’re always expressing the hope that it hasn’t changed too much. They’re always delighting when they see that it hasn’t. A woman who wrote about it, a famous travel—(tape ends) (tape resumes) Jackson: (cont’d) for Island Magazine, on commission… Jan Morris… She wrote that of all the places she’d been in the past, whatever, twenty, thirty years, Nantucket had 48 changed the least. We’ve got an obligation almost a sacred responsibility to save what is historical about this island, and that is those two districts… Let’ see… MM: Thank you. If you could wrap up. Jackson: I will… I will… I was just out in California with my wife this winter. We went to visit some Redwood forests. We drove through some others that weren’t even sanctuaries. There are lots of Redwoods in California. There is only one Nantucket. If we want to preserve these ancient trees, we should also preserve this ancient town. It’s only here by accident, because the whaling industry died, that we have this historical treasure… architectural treasure… and we should do everything we can to save it. MM: Thank you. Jackson: Bye. MM: Mrs. Holland? (Applause) Yeah. Please don’t applaud. It just slows it down more than it already is. Holland: Linda Holland. I live in the Siasconset Old Historic District, and I want to encourage you to support the amendment, and the article. We need to keep the old history of the island in tact, and we are definitely losing it. People who need swimming pools can go anywhere else on the island. The other thing is, we have the best beaches that I know of, and people can swim, swim, on the beaches, and not necessarily in swimming pools. They really are destructive to our very small, historic lots. I live on one, I live near lots of them, and they are just too small for swimming pools, and therefore I don’t want to trust to a special permit. I want to say no to swimming pools in the Old Historic District. Thank you. MM: Thank you. Ms. Dutton… I don’t think we’ve had enough discussion yet. Let me go to a couple more people, and then I’ll entertain that motion. Yes. Go ahead. Ms. Goss. Goss: Victoria Goss… According to these charts… I’m assuming that S.P. means Special Permit? MM: Yes. Goss: Okay. So… Elder Housing Facilities get a special permit… day care centers get a special… no… day care centers get to have a swimming pool if they want to… employer dormitories get a special permit… There are all kinds of other special permits allowed in this swimming pool article… I don’t see why we have to have— MM: Oh. Ms. Goss… Can I explain something? The chart? That’s the entire chart of permitted uses under the zoning bylaws… So where you’re seeing… 49 Goss: The S.P. MM: An S.P., that means that a day care center is allowed by a special permit in that particular zone… Goss: Right. That’s what I’m saying…But, but… So, what I’m saying… specifically on the amendment…is to allow residential swimming pools by special permit is already in the article. I don’t see why we need para… you know, the article… the number three here… Um, so I’m voting… I’m urging to vote for… the amendment… and for the entire article of course, we have an Old Historic Swimming Pool on this entire island, it’s for everybody to use, we kind of… If you want to live in Connecticut, and you need a swimming pool, or Arizona, and you need a swimming pool, but… you know, we kind of have one already. Thank you.. MM: Okay. I just want to clarify that if you vote yes on this amendment, you’re eliminating the ability for residential swimming pools in the ROH and SOH Zones to be by Special Permit. So we’re just talking about the ROH and SOH Zones. If we adopt this amendment, we’re saying that you cannot have a swimming pool by special permit or otherwise. If you disapprove the amendment, then you’d be able to have a swimming pool in the ROH and SOH Zone by Special Permit. We’re not effecting any other zone. Mr. Dutra. Dutra: Thank you, Madame Moderator. Jesse Dutra. I am a landscaper and a pool builder, and I just wanted to make a… few comments. The Planning Board and Finance Committee both asked that this article be moved for further study. Why? Because prohibiting pools violates the rights of homeowners. And there are still too many questions that may have… that have not been answered about… what it effects…. Um… when we talk about… small lots, I respect all the concerns of the community… in the Historic areas, and um… but they’re not all small lots. And if there’s a map… I don’t know if there’s a map that we could show of the Old Historic Districts, but you can see that there is a substantial amount of large lots— MM: That’s the—that’s the Old Historic District in Town. Dutra: And it is expansive. It’s not just in downtown. This goes a lot longer… and there’s a lot of larger lots where it’s not gonna be… as destructive…as being in a five thousand square foot or smaller lot. MM: And that’s… that’s Sconset outlined in red there. Dutra: Um, it is only a very few times that a pool is asked to be built in these areas…and it… it’s therefore not a major concern. But I would also like to mention, furthermore… this survey that Mr. Rogeveen was talking about, was wrongly influenced, and was narrowly voted by the planning Board to become an article at all. What happened is… was… a particular member of the HDC persuaded a group to create a survey after being asked not to by the Planning Board and its staff. But that’s not all. This member took his 50 own survey and duplicated it, and went door to door and had owners fill the survey twice. But that’s not all. They took these surveys, they created their own Planning Board stack, and mailed it back to the Planning Board. Therefore… stuffing the ballots on the survey. Yes, the Planning Board did find this out, eventually, and the surveys were removed that were tainted… but no one knows how these actions effected the survey and the people in this area. I just want to mention that this is a real slippery slope. Soon they’ll be prohibiting swing sets and basketball courts, and other things of that nature. People should be able to have lights in their back yard and play music. I don’t think we need to start prohibiting that either. You know, you may not want a swimming pool, or a swing set, or a basketball court, but do you want your rights to be taken away? Uh… MM: If you could wrap up, Mr. Dutra. Dutra: Okay.. MY apologies. I just wanted to make sure that we understand that the HDC certainly does make sure that swimming pools cannot be seen by the public eye. SO, it’s not… historically disturbing… people walking down the sidewalks of downtown historic Nantucket… It’s only… effecting the neighbors…And… that’s why a special permit is… a suitable way to have a… a valuable discussion. Thank you. MM: Thank you. Yes the gentleman in the front row of the back section. Speaker: Um… My name is Andy Shwartze. I live in Tom Nevers. I’m completely in support of this amendment. I can’t think of anything more inappropriate in the historical district than a swimming pool… except possibly a basketball court… and loud late night p arties… That’s not why people by homes here… They buy them, hopefully, to preserve this… this wonderful heritage that draws people to the island. If people want basketball courts or swimming pools…. there’s a whole lot of places and a whole lot of land and beautiful homes that they can buy outside of these districts to indulge these tastes… I’m not aware of any sailing captains or mates that had swimming pools. You’re no more than half a mile from any of the beaches there to go swimming as much as your heart desires…I think the potential for late night parties and sound pollution is… very offensive to the neighbors, and nobody has the right to do that. So, I strongly encourage adopting this amendment. MM: Thank you. Does anyone have anything new to add on the amendment? Yes. Mr. McLaughlin, up in the back? Mclaughlin: Hello. Thank you, Madame Moderator. To the voters, I just want to give some information. This article I believe should go back to the Planning Board, for only one reason… that the Planning Board, if the Town votes that they want no swimming pools… without a special permit… and the special permit authority would be… probably the Planning Board, and they would say… there are certain ways that you can meet… that you can meet the requirements… right now… this… Historic District Commission law is an act of legislature… It’s not a local law… It’s a special act of legislature in 1955 till today. In there it states by a judge that took the whole act and took it apart and put it back together… he says, in his determination if it could not be seen from streets and the 51 traveled public way, then the Commission has no control. That should be satisfied first, because the Planning Board may set up regulations that say you got to do this this and this, and they should get together before they do either one. That’s why I think they should go back and get together on their ideas and have public meetings and work out what is palatable for both commissions, because if you don’t, because otherwise if you don’t and you go to the… get a special permit for a pool and the HDC says well…we… we set regulations for no pools, then you’re going to have law suits like you wouldn’t believe. Every time you want a swimming pool, you got to take ‘em to court. One or the other. I think it should go back. Thank you. MM: Thank you.. Ms. Stover… Stover: Catherine Stover, Five Liberty Street…I live smack in the middle of downtown… I have had swimming pools in the past. they’re great. I don’t go in ‘em myself, but my kids… love ‘em… I don’t see the appropriateness for a swimming pool in the downtown areas, and… the Siasconset downtown area as well… I’m wondering if a special permit, as Mr. McLaughlin says, would be deemed appropriate through the Planning Board as the special permitting authority. Are these the same planning board people… maybe not exactly these ones… but are these the same sort of thing as like an underground garage… on Easton Street? Is that inappropriate? I don’t know. I think that we don’t need swimming pools downtown. I support the amendment. MM: Thank you… Okay… Ms. Bartlett, and then we’re going to go to a vote on the amendment. Oh, alright, well then let’s just go to a vote. So we’re going to vote on Mr. Rogeveen’s amendment. Mr. Rogeveen’s amendment is to delete… Paragraph Three… of the motion. It requires a majority vote. All those in favor say Aye. Audience: (loud) Aye! MM: Those opposed, No? Audience: (very quiet) No. MM: That motion carries. Now back on the main motion by Mr. Rogeveen. Yes… Ms. Wheatley… Wheatley: Thank you… Madame Moderator… Nancy Wheatley… I was going to ask… town Council if there was a chance that this was going to be illegal without that other section, but having just passed it, I won’t do that anymore. I would encourage people to pass this tonight, because it’s quite clear that we want to protect our historic districts… and sending it back… there may be problems with it, but I think we are better protected by having the prohibition and working out the problems afterwards, rather than having the situation we have right now. So I urge people to support the motion. MM: Thank you. Yes. Way up in the back. 52 Speaker: Thank you, Madame Moderator, my name is Bob Lang. I’ve lived on Nantucket for thirty-eight years, and I just have one or two questions here. And that is, if the… motion as now amended prohibits pools in the downtown area, is it so restrictive… having found nothing describing indoor pools in the text… Does it also prohibit indoor pools in the downtown area… in the Old Historic District? And Siasconset? Can somebody please answer that question for me? I’m concerned about this because ii think that if it does, since it just describes swimming pools, you’re then meddling with somebody’s rights to do what they want inside their own home. So could somebody please answer that question for me? MM: Mr. Vorce? Vorce: Thank you, Madame Moderator… The… an indoor pool would not be covered by this… this covers an exterior pool. MM: Okay. Thank you… Ms. Dutton… Okay. Are you all ready to vote on this article? Okay, then let’s just vote on it. We’re gonna vote on Article Fifty-Eight as moved by Mr. Rogeveen and as amended by Mr. Rogeveen… A Yes vote will adopt the article… A No vote will defeat it… It requires a two-thirds vote… All those in favor please say Aye… Audience: (loud) Aye! MM: Those opposed, no? Audience: (quiet) No..,. MM: That is adopted by a declared two-thirds vote… Okay… Article Fifty- Nine…Article Fifty-Nine appears on page 60 of the Warrant… it continues to page 61… The Planning Board motion was move not to adopt the article… Here’s the planning Board comments, as well as the Finance Committee comments supporting the Planning Board’s motion… Mr. Sanders has called this article, and he has given us a motion that he would like to present… And I believe, Mr. Sanders, this is essentially the text of the article as printed in the Warrant… Sanders: with Section Two removed… MM: So… Sanders: We also changed slightly the definition of parking structure from what’s printed in the Warrant… MM: Okay… So I think I’m just gonna read it just really quickly… Moved that Chapter 139 Zoning of the Code of the Town of Nantucket be amended as follows… One… add the following new definition to Section 139-2… Parking Structure… a building which is designed primarily for automobile parking, and where there are multiple floors or levels on which parking takes place… It does not include a garage accessory to a residential… 53 I’m sorry… accessory to a single family residence… and Two… amend the use chart as follows… A…replace under Commercial-Industrial the use… Motor Vehicle Parking Lots or Structures with Motor Vehicle Parking Lot… B….add the following new use under Commercial-Industrial…Parking Structures… with designation… shall be allowed by special permit only in MIPOD and CI, which is Commercial Industrial… C… Use Chart highlighted below… And then if you go down to the use chart… See Parking Structure… no… in all of those zones… Oh, can you scroll up a little bit? In all of those zones, the R-1, SR-1, ROH, SOH, R-5, R-10, SR-10, R-20, SR-20, and R-40…no parking structures at all…Okay? Keep going… And then in the Commercial Zones…No in all zones, except a Special Permit…In the CI Zone, and, Special Permit in the MIPOD section of the RC Zone… and No in the other… in the other… districts. Is that the rest of the chart? Okay. Go on. Okay. So now, in the VR-LUG-1, LUG-2, LUG-3, MMD V- N and V-TECH Zones, it’s No across the board. And that’s it. Is that your motion, Mr. Sanders? Sanders: So moved. MM: Is there a second? Motion is made and seconded. Mr. Sanders. Sanders: Thank you, Madame moderator. Grant Sanders. I am the sponsor of Article Fifty-Nine, and there have been a number of misconceptions about this article, and I just want to clear up a few things. First off, Article Fifty-Nine is not designed to be a ban on parking structures in the downtown area forever. It… it’s intended purpose is to make sure that we raise the bar… by bringing any parking proposal to Town Meeting for a vote… As opposed to going through the public hearing process, which is what would happen now. Another misconception is that Article Fifty-Nine is a referendum on parking garages altogether… it’s not… it actually makes a referendum on parking garages possible by bringing it to Town Meeting. The whole purpose of Article Fifty- Nine is so that if someone wants to come to the… downtown area and build a parking garage… be it the Town… or a private developer, we get to hear all the information right here in this room…we get to discuss it…and most importantly, we get to vote on it…How does Fifty-Nine accomplish this purpose? Well, it’s a pretty simple article. As you can see. It defines what a parking structure is… it’s a multi-story structure designed to park vehicles. The second part of the article eliminates parking garages from everywhere on the island except for the MIPOD… the Mid-Island area, and the Commercial-Industrial area around the airport… The result of this is that any proponent who wants a parking garage downtown needs to stand down here in front of the auditorium with charts and graphs and information and financial information…and data on…all kinds of things that… doesn’t exist right now… to get our consent as a body. I was heartened to hear Ms. Williams words on… Fifty-Eight when she talked about the wisdom of bringing things to Town Meeting. And I hope those words are still echoing around this room as I …continue. This article requires a two-thirds vote. If passed, any proponent would have to come back here to get a two-thirds vote to change the zoning bylaw back in order to put a parking garage downtown. What would happen without Article Fifty-Nine? Well, as I said, we would have a public hearing process through the Planning Board… through the HDC, but as we’ve seen in recent public hearings, a public 54 hearing is no guarantee that the public will actually be heard. We’ve seen a number of public hearings where the public has vehemently stated one thing, and the board or committee in question has voted in the opposite direction. This is… it’s a big deal. This idea of putting a parking garage downtown. And I think it’s too big a deal for a three-person majority on the Board of Selectmen or the Planning Board or any board to make on their own. This should be a community wide decision. How big a deal is this? Well, if you look at the Wilke’s Square Plan… the parking garage in that takes up an entire block. It’s over a hundred thousand square feet. IT…it would be the equivalent of the Stop and Shop building stacked four stories high… it would be the single largest structure ever built in our historic downtown… right now the largest structure in the downtown is the Whaling Museum. So I think it’s appropriate t5hat Town Meeting gets to decide whether the largest thing we ever build downtown is a monument to our whaling history, or to the automobile. Let’s pass Fifty-Nine. Let’s take back a little bit of control, a small amount of control over the way the downtown changes and grows… There’s a beige booklet in the hallway there… the Town Annual Report… and on the 4th page in, if you have one in your hand, turn to it, there’s an ORGK chart there, and at the very top of the ORG Chart… above the Board of Selectmen, above the Planning Board, above everyone is the voters. This thing is too big to not let the voters weigh in on it. Please support Article Fifty-Nine. Thanks. MM: Thank you. Mr. rector? Rector: Thank you Ladies and gentleman for listening to us tonight. Tonight you received a so-called fact sheet on Article Fifty-Nine, which, I’d argue, is light on facts, and heavy on opinion and argument. What is printed in this fact sheet is not straightforward. I would contend it’s twisted and spun to reflect several biases. I question whether this document is intentionally being misleading, or reflects no understanding of planning and zoning. Although time is short, let me summarize the seven reasons to defeat this article. One, this article is a prohibition on a parking garage in the only zoning district where it’s really needed. Despite what is printed, it removes the option everywhere except at the airport and around the Stop and Shop. Are these really problem areas that rise to the same level as that of the core district in needing to be addressed? Two, the article offers no solution to the deficit of parking spaces in the downtown. Proponents have said there are no problems. However, sixty years worth of study, many downtown visitors and merchants and data counts conducted over the past three years say differently. Three, this article sends a negative message to a private investor or property owner who may want to work with the Town to resolve parking issues. Four, the fact sheet omits involvement by two local significant boards, the HDC and Conservation Commission, not to mention other regulatory boards such as the Department of Environmental Protection and the Coastal Zone Management, all of which are obligated to listen to the public. If public funding is requested, a future Town Meeting would have the opportunity to review terms and conditions before approving an appropriation. Five, proponents rely on the outcome of a vague ballot question asking whether a multilevel parking garage should be admit… permitted… where one-third said yes, and two-thirds said no… with no information… with a specific proposal to review 55 and consider, we think many of those no’s may just change their minds if they understand the cost implications or see a design that is acceptable… a ramped, concrete, monolith is only what is being imagined, or invented, I would argue as a scare tactic… Six, proponents prematurely speculate about size and impacts that have yet to be determined. The Wilke’s Square Study developed blocks that were similar in size and uses as those found in the downtown. Here we go. A good example of such a block is bounded by Main, Centre, Federal, India Streets. The block is boarded by buildings and shops similar in height to the sidewalk edge. And there are similar impacts at this point to a parking area on two streets. Seven… Parking structures do exist in historic areas, and they have revitalized, reenergized, and reinvigorated traditional downtowns. There are national examples, like Colonial Williamsburg and Savannah, Georgia. And even locally like Portsmouth, New Hampshire, Northampton, and Salem, Massachusetts. Finally, it’s really worth commenting that the motivation for this article still remains unclear. Votes involving changes to zoning bylaws should not be reactionary. It has been stated that this article raises the bar when in fact, it prohibits. Mind you, Article Fifty-Eight was an article that basically was saying no to things, period. I don’t have to point out all the instances of personal and unprofessional comments that have been made on the proponent’s website, but I will say that this fact sheet of truths is filled with nothing more than opinions and conjecture. Sometimes the lines between opinion and truth do tend to easily blur, when there is overinvestment in the outcome. I would urge you to support the Planning Board motion by saying no on this alternative motion. I thank you for your time and listening. MM: Thank you. Mr. Barham… Barham: David Barham. I’m a member of the HDC, but I’m not speaking for the HDC… although I want to describe to you some of the things which I have done at the HDC— MM: If you could kind of hold the microphone up… Barham: Do I need to start over? Did people hear? Three yeses, thank you. I was the HDC representative to the downtown revitalization committee… I work very closely with Andrew and Patty on the development of the plan that we’re presented for the Wilke’s Square. I should also say that I—I’m not implacably opposed to parking garages… I was even asked as a young man to design one, when I was working for another architect. I do think that the Planning Board has done some careful work over the last eighteen months. They brought to the island a consultant on parking garages that showed some wonderful examples of parking garages in other places. I… am not… an absolutist in this. I’m an agnostic. I worked in good faith to see the Wilke’s Square Plan develop a parking garage and non-parking garage alternative. What concerns me is that parking garages are not where the developer that’s gonna come in here and do this project is gonna make his money. Parking garages will tend to be the stepchild of any development. I think that it’s important that you preserve a say in this matter… You heard Mr. Rector say that… passing this would send a detrimental message to a future developer. I think that’s not right. I think it balances the message. The Town has gotten behind an extensive study, 56 which shows a parking garage as part of the development. That indicates the town has got an interest in considering it. The other piece of that ought to be that the Town is actively interested in what it looks like. It recognizes that it is gonna produce a fundamental change to the historic downtown, and it’s not something that’s allowed to see proceed without close scrutiny before it goes ahead. I think that balanced message is what we want. And I would urge you to preserve a say. The question here is, why should you not have a say in this matter. It does not prohibit garages, it simply raises the bar for any proposal that comes before you. And I urge you to pass this… this… Article Fifty-Nine. Thank you. MM: Thank you. Mr. Vorce? Vorce: Thank you, Madame Moderator, and Town Meeting members. I would ask that you defeat this motion tonight. I certainly do agree with David Barham, and I thank him for all the time that he spent… getting the Wilke’s Square Plan to where it is. That is not the end, there is much more to do on that. And I hope that he will stay… no matter what the outcome… that he will stay involved in that, and we can continue to work together to look at this area. We don’t have a specific proposal. I would like to have a specific proposal before you at Town Meeting, especially if there’s going to be zoning changes, or any sort of public money…We’re trying to get away from that… that we wouldn’t commit our public resources… But that’s… there’s still a role in the town in that, I think that will be through other means… possibly zoning changes, possibly other things. I don’t really… I hope you don’t really think that a parking garage can come together and be built… within less than one year… that would really… break all records for such a project to go… through the HDC, which I know would give this an incredible amount of review. I would expect that and want that. Article Fifty-Eight, which was passed, is the same as this. It changes the use chart, and it introduces, basically, and N… No… prohibited… where… Mr. Sanders has proposed… a parking structure. So it is prohibitive. There may have been other ways to deal with that, but that is what is before you. It’s not raising the bar. It is a prohibition. And I would urge you to defeat this. Thank you. MM: Thank you. Yes. The gentleman in the red vest. Speaker: Jose Trillios…(sp?)… Tom Nevers… We all know that we do have a serious problem with the parking. This problem requires positive, creative ideas, and not.. to solve such a problem, and not road blocks. The idea of a multiple story garage in Wilke’s Square is…unfounded and exaggerated… No one in their right minds could come… would come up with such a plan… knowing quite well that the HDC would not… would not approve it… If the negotiations with the property owners comes to the point where we can start working… or definite plans…this article, if adopted, would get in the way, creating a layer of confusion… that will require the town boards to waste time… that should be used working on the solution of the problem. Please don’t adopt this article. MM: Thank you. Mr. Drake? And then I’ll go to Ms. McGrath, behind you. 57 Drake: Thank you, Madame Moderator. Dan Drake. If the proponent of this amendment, or this article, got up and said he’s against parking garages period, I would respect that. But to say that this is to… raise the bar in terms of discussion, and so forth, I find hard to accept, because, for the reasons that have already been pointed out, people will view it as a bar, rather than as a… opportunity, if you will. I would be much more comfortable with…I’m also not happy with the idea that this kind of thing would take a two-thirds vote…by Town Meeting…I think most things are dealt with on a majority basis… we have to deal with zoning issues by two-thirds, and some others, but I would much rather see this done as some process whereby a decision of a town board could be appealed at Town Meeting by people like it was any other Warrant article. I just think it’s inappropriate and out of order to suggest that it should be a zoning article that takes a two-thirds majority to overturn. MM: Thank you. Ms. McGrath. McGrath: Eileen McGrath from 69 Hummock Pond Road. I would like to speak for this article. As you know, we’ve been fiddling around with what we’re going to do where the old electric light plant was. And to put a big garage there… a parking garage… to me, seems wrong. And we already have put this before the voters twice, and it was put down. So I say, I’m tired of having the parking garage jammed down my throat. SO I respectfully say, I’d like to see us approve of this thing tonight. Vote yes. MM: Thank you. The gentleman right here. The back row, the first section… Speaker: Greg Creedon. I want to speak in favor of parking garages… I approve of parking garages. However, I want to vote for this article for one reason. I think that if you don’t vote for this, you’re allowing the Town committees to take the lead in deciding what’s important for our town, and not the voters. For some reason the Planning Board and the HDC feel that what they have to do is lead on everything having to do with the way the town is built, and I disagree. I think we should have… we have to have some kind of say in it. And to say that, oh yeah, you can go to a public meeting. That doesn’t make any difference. You’ve still got to get three people on the committee to vote for it. So, I think you should vote for this. At least allow the opportunity to have the voters… give it an up or down vote. MM: Yes, Mr. La Farge. La Farge: Bam La Farge. I went and attended a couple of presentations of the so called Wilke’s Square Redevelopment Project, and I feel that that was a kind of proposal, and I feel that… it’s very inappropriate where it is… it makes Nantucket look like Cambridge, Maryland… I don’t know if you’ve ever been there, but right there there might be a couple of boat yards left, but it’s all high rises, condominiums, parking garages around the water… And that’s what scared…me… That’s why this article is here… You know, it may not really be about that… for the planning Board, they may say they don’t have any kind of proposal in the works, but they do. We went and looked at it… under a 58 tent… by the Town Building…and… furthermore, I’m on… I don’t speak as a member, but I’m on the Harbor Plan Implementation Committee… we’re trying to keep open space between the Town and the water. The kind of development that happened… that’s why Route 95 was built through Connecticut… in my childhood, it was interrupting the flow of people and things from the land to the water… and it happened in Philadelphia… they cut it off from the water… and we don’t want to do that here. And that’s why I… I urge you to support this article. I don’t want to tread badly on the Planning Board, but they did propose something. I feel that they did. Thank you. MM: Thank you. Mr. Goodman. Goodman: We’re all here tonight for a simple reason. We want our voice to be heard. This will allow us to voice our opinion on whether we have a parking garage, wherever it may be. I don’t trust the Planning Board or the Planning Commission… to…d o what we want them to do. I don’t think they’ve ever met a truckload of cement they didn’t love. (Laughter.) So…and I also don’t want the Selectmen to be able to make the decision as well. It should be all of us here, or in a voting booth, taking charge of what we… what happens to our island. Thank you. MM: Thank you. Mr. Kopko. Kopko: Thank you, Madame Moderator. Town Meeting is the highest authority in our local government, and is charged with making those decisions that effect our community in the biggest way. Every year we get together and you decide about the budget in our town, which is tens of millions of dollars… You decide on every zoning article by a two- thirds vote. They’re brought to your…you for your permission… because zoning… is the way we decide how we want the character of our community to develop. And I’d.. I’d like to disagree with some of the comments that were made earlier by the planning Board that zoning is dry. I disagree. Zoning is some of the most important decision making that we make… in determining how our community is going to develop. That’s why the bar is set at two-thirds. because when we make changes that are so big, and effect our community character so much… those changes are required to come to you here at this town meeting so that you can make the decision, you, the citizens of Nantucket… The concept of building a multi-story parking garage downtown… is such a proposal.. Whether you’re for it or against it, it will inalterably change the downtown character of our town. And that decision belongs with you… the citizens of Nantucket…This article merely…and we’ve… how many people have been to Town Meeting before? How many have sat through how many zoning articles? We do zoning every year. We change zoning all the time. We make plans and proposals prior to changing the zoning needed for those plans and proposals all the time. We’ve done that with the industrial area out by the airport. We’ve done that with our wind proposals. This does not preclude anyone from discussing developing a parking garage… or developing funding for a parking garage. And make no mistake. there are people in this town working very, very hard right now to make this parking garage downtown a reality. And they’re talking about plans, and they’re talking about designs, and they’re talking about funding. And they’re talking to the owners of the property. This article merely 59 requires that this community have a discussion and make a decision as a community on whether or not we’ll allow our community character downtown to be altered in such a way. Please vote yes on this article. And if you’re thinking, maybe, maybe not, please don’t sit on your hands on this article. This article requires two-thirds, and I urge you please to vote in its favor. Thank you. MM: Thank you. Ms. Stover. Stover: Catherine Stover, 5 Liberty Street. There isn’t anybody on this island more in favor of a parking garage than I am. I… have been panting for one for years. I wish that they would be one right down the street from me so that I can park my car and unload my groceries. Not happening. It’s been years. In fact, I was wondering how you all felt about it, so I put a question on the ballot a few years ago, and it went down in flames. Two to one. In fact, I think it might have even been three to one, but that’s how I got seven kids. I can’t do math. However, I think that you should vote for this article, because it gives you the right to say whether you want the garage, wherever it is. I would love a garage. I would vote in favor of a garage nine days a week. But please, vote for this first. MM: Thank you. Mr. Lowell. Lowell: Do I get four or two, Madame Moderator? MM: How ‘bout… how ‘bout three? Lowell: That’s… that’s good. Okay. Thank you, everyone. You thought poop and zoning was boring. This will liven you up… this discussion. Okay…Nantucket is a very historic place. I agree with everybody that says that, and nobody agrees with that more than I do. A long time ago, when the whaling captains, as Mr. Shwartz brought up earlier, were here, there was no cars. They had outhouses, and the houses were built pretty big, ‘cause they didn’t have any cars to park, or septic systems to install. Then, along came Town Sewer… Long before the first automobile showed up in 1918, by Charles Folger, the picture shows. That is why our buildings look like they do. I didn’t know a damn thing about planning and special permits until I got on as an alternate…a few years back… and I sat there, and could not believe the public hearing process for The Brotherhood. It was a very unfortunate incident, when that building caught fire, because now, they have to have parking requirements. Where do you put the cars at all our restaurants? On the street? Now I don’t think anyone in this room wants to see parking lots at the downtown restaurants, because then you wouldn’t have a restaurant. There are only three locations downtown that have on site parking…and I’ll bet you everyone in this room knows two out of the three…So I’ll just tell you the first two… Denby Real Estate, and the JC House. The third one is kind of sneaky, Annie and the Tees. And that was a required permit for parking behind there which never should have really been put there. Now you’d… now you see what a building would look like if you have to require parking under a Special Permit process. That’s what you see on 4 Chestnut Street. We don’t… we didn’t wanna… excuse me. Requiring parking at the Dreamland, what would 60 have happened? I don’t think anybody in this room would want to have seen the Dreamland not happen, because we couldn’t provide… I don’t know… seventy-five spaces? A hundred? That’s a great idea, isn’t it? You guys would all be saying, what a bunch of idiots on the Planning Board. Requiring all these parking spaces for the Dreamland that everybody says they’re in favor of… The site in question… had belching diesel generators on it up until 1996. It had a building in the back, that’s still there, that made manufactured gas… up until 1968. Many of you may remember that. Sorry if I’m showing you’re age. I was six, but I know all about it. (Laughter.) It’s pretty interesting stuff, actually. That was quite a story… I’m gonna have to speak again at some point from this… We have a… My father told me something… I just want to say one more thing, Madame Moderator… then I’ll… MM: Okay. Lowell: Cause there’s gonna be a lot more people talking. My dad told me once that we like to say No on Nantucket very fast. He told me a story about when he was on the board in the late sixty’s… how he proposed, cause he lived at the end of Main Street where the truck route used to go. And he came forth to his constituents and said… Can we move Caton Circle three feet? Boy did he get his but handed to him. And I urge you to think, as Nantucketers that we all are…what would we have said in 1991, if the Steamship Authority and Hyline came to this body… and said, we would like your permission to run fast ferry service from Hyannis to Nantucket… up to eleven trips a day in the next twenty years…We would have said, are you kidding me? We don’t need one of those. So we have to be very careful how we think about things that are very emotional on both sides… before we make these rational decisions like this. Taking this out of a zoning district before we can have a proactive discussion… and that’s all this is, is a discussion right now. Yeah there was fancy pictures, and fancy models… But there is nothing proposed as far as anything concrete at all. Thank you very much. MM: Thank you. Ms. Hudson? Hudson: Thank you, Madame Moderator. Wendy Hudson… I’m a downtown merchant. I own Nantucket Bookworks on Broad Street. I’ve also been pretty involved, because I really care about what’s going on. I don’t only come to Town Meeting… and I really feel like we have a great structure in place for public hearings. Maybe the real plea is for people to get involved a little more. There’s no way a really major… development of any kind is going to happen… without a whole lot of… public everything. We see the pace of change here, and we like that it’s slow… I would also say… I really want to know where the…utilitarian solutions will come from, and I don’t think we should take anything off the plate, because our downtown is struggling… I lose money pretty much daily trying to keep Bookworks open this time of year. I just did a survey of all my customers… I think I got about two hundred results so whatever… I guess that’s about what’s in here maybe… and one of the main reasons people said they don’t shop with me is… lack of parking. You can ask yourself… why do you not go downtown? Prices and parking. It’s a hassle. How many people drove here? We all did. You know, it’s a fact of life we might not like, we might not think it’s pretty, but parking solutions really need 61 to be considered if we think we’re going to do anything to save downtown. ReMain’s doing a fabulous job, doing a lot of studies. We’re lucky to have people caring. Every person up here has spent tons of time. And, you know I’m friends with Grant, and I signed the petition to get this thing here, because we need to discuss it… on every level conversations need to take place, so… I do think it’s more of a prohibition than a raise the bar… I totally agree with… thoughts that have been said, so I just… I just would urge you to do exactly what Nat said, seriously consider emotional things, and leave the room open for some realistic solutions, cause it’s very important to the merchants. I hope there’s other restaurateurs and merchants here, but we’re not known for showing up at Town Meeting… Maybe next time we’ll get them here. Thank you. MM: Thank you… Yes… The Finance Committee…Mr. Unrue? Speaker: Belching diesels…That was a good one… I hadn’t heard that one before… My name is Doug Unrue… I’m a member of the Finance Committee, and I’m one of the dissenting votes on this issue. I am in favor of a parking garage— MM: Hold the—hold the mike u first— Unrue: Oh, sorry. MM: Sorry. Unrue: I am in favor of a parking garage… I am a member also of the Nantucket Town Association, and the Board of Directors of the association has unanimously voted… against the parking garage… We have spent about a year on this issue already…We’ve attended many of the meetings, not only that the Town has sponsored, but also that the Urban Land Institute has sponsored. You might recall the Urban Land Institute was commissioned to do a study of the downtown area… their recommendations on the Wilke’s Square site… were not to have a parking garage… This was a group of probably eight to ten individuals who were national developers and have a great deal of experience in this regard. The parking garage, if it goes in, will probably cost, bare… bare minimum… of nine million dollars… and that’s just an estimate that I did… and I think it’s probably going to cost considerably more than that if it does go in. There’s nobody to pay for it except all of us. So you might want to consider that a little bit. This site… the Wilke’s Square site that the Town Association’s been studying, is one of the most beautiful sites we still have remaining, even if there are some… belching diesels… there… But it’s one that really requires special attention, and not with a structure that’s bigger than this auditorium and taller than this auditorium. So, I would ask that you… vote in favor of turning down the parking garage. Thank you. MM: Ms. Gookin. And then I’ll come to you, Mr. Atherton… It has a… switch.. there you go. Gookin: Hi, I’m asking, if this is a zoning article, I’m wondering— 62 MM: If you could identify yourself— Gookin: Myself? My self is Barbara Gookin… and I’m wondering if there is a map that indicates what effect this article would have… as far as where a parking garage would be allowed, and even though it would require a two-thirds vote…from what I’m understanding, most of the island will be excluded, even with a two-thirds vote, so…Is there a map available? MM: There is not a map. What areas, Mr. Vorce, are allowed to have parking garages under this amendment… ah.. motion… Vorce: Madame Moderator, Ms. Gookin… the areas are the Commercial-Industrial are, which is… essentially around the airport….it includes the airport, it includes the area east of the airport, which the Town zoned Industrial not too long ago… off of Bunker Road… Thank you… And the… MIPOD… the RC portion of the MIPOD is basically around the Stop and Shop, the commercial area that is fairly limited to… it does include Marine Home Center… Cumberland Farms…and the area sort of directly around the Stop & Shop… MM: Okay… Thank you…. Mr. Atherton? Atherton: My name is Rick Atherton, and I’d like to speak in favor of passing the article tonight. And, just a couple of observations… One, I am sympathetic to the comment in the back about… that it might be better if we could do this at a fifty percent majority basis… I think we… your board members up front here have had ample time to have considered that option…and they have not been receptive to that as an option. This is the only option we have tonight, that would give the power back to the Town Meeting. By any two-thirds majority, the article could be changed in the future, once we know what a garage may or may not look like. I’m not for or against a garage. I’m speaking in favor of making sure that Town Meeting will have a right to participate in this. When I had a session with the CPT consultants, and talked to them about their economic analysis of the Wilke’s Square issues, including a garage, it was clear they believe that any garage will need public support. If that’s the case, we will have an opportunity to participate anyway. What we’re really talking about tonight, in my view, is that right now a parking structure is a matter of right to any private party…and I think you know when someone comes before the Planning Board or the HDC, or the Conservation Commission, and exert their rights, they get listened to. They have lawyers, they have ways to pursue their design, and a public hearing process may or may not respond to the overwhelming public sentiment about what they’re proposing. Three folks can approve that. And that includes the Board of Selectmen. I don’t think we should have that power when there is something of such substance that impacts the character of our downtown. As I said, I think if we had another alternative, that would be great, but we don’t. This is a little bit like the swimming pool one on steroids. Someone had a right to put a pool in back of the church. They got it. We had to take action tonight to make sure that didn’t happen again… unless there were enough checks and balances in place… so… I urge you to approve the article tonight… and that’s all it does…it puts some checks and balances in place. Thank you. 63 MM: Thank you. Yes. Yes… Kate Hamilton… Hamilton: Hi. Kate Hamilton-Pardee. I’m the Director of Nantucket Visitor Services. Please bear with me. This is my first time speaking at Town Meeting. I’m here today because I’m hearing this discussion, but I have real concerns, because what I’m hearing has the appearance of taking the parking garage out of downtown… and isn’t that where we need parking help? I can certainly tell you, from my office, in the eighteen years I’ve been there, it’s been a problem. In fact, I can tell you right now, tourism is extremely important to my office, and certainly to many members of this community. I’ve heard you all talk about it for the past two days, and I think every article had tourism in it. Over the numerous years I have held this position, I have received many emails, and phone calls from travelers looking for explicit information regarding parking. I’m talking, the summer, we get three hundred and fifty to five hundred people a day in my office. The frantic… the frantic walking traffic should also be included in this, too… These questions are extremely specific. Visitors want to know where they can park downtown, long-term, without impediment…so they can shop in our beautiful stores, eat in our fabulous restaurants, and have an enjoyable time all the while supporting our local economy… I mean that’s a lot of common sense to me. So I would say, defeat this article. Thank you very much. MM: Thank you… In the red sweater… Speaker: Thank you, Madame Moderator. My name’s Ted Taylor. I’ve lived on the island for a number of years, and been coming here since the 70’s… I think we have… I’m kind of looking at things a little differently here tonight. I think something’s trying to come in the back door and shut it. This is an article that says, no, you can’t have a parking garage without coming to Town Meeting. (Tape ends) (Night 2, Tape 1, side B) (Tape resumes) (Night 2, Tape 2, Side A) Another Speaker: (cont’d) Would that require an amendment, and would anybody be favorable to that? MM: What… what you’d have to do is probably do something like a motion to refer this to a committee for further study… I don’t know that I can… I mean, it’s a prohibition article… there’s… the only other thing we could do is make it a Special Permit, but I don’t think that would be accomplishing the goal of the article. Speaker; I think everybody wants to vote on it now, so I hate to do that. 64 MM: Right. So I think we should…We’re going to take a vote on the motion to move the question…. Speaker: If you want to go right to a vote on Article Fifty-Nine with no further debate… then you can vote Yes. If you want to continue discussing Article Fifty-Nine, you would vote No…It does require a two-thirds vote. All those in favor of moving the question on Article Fifty-Nine, please say Aye! Audience: (loud) Aye! MM: Those opposed, No? Audience: (silent) MM: Okay… That carries unanimously. Now we’re going to take a vote on Article Fifty-Nine, as moved by Mr. Sanders… read into the record at the beginning of this discussion. It does require a two-thirds vote. A Yes vote will adopt the motion. A No vote will defeat the motion. We’re gonna do a hand count… All those in favor…please raise your hands and keep your hands raised until the tellers have had a chance to count your vote. (Pause for count.) All those opposed, please raise your hands and you’re your hands raised until the tellers have had an opportunity to count your vote. Okay… Here’s another fun fact… the hospital as we know it today opened at 57 Prospect Street in 1957 with seventy-six rooms. In 1969 the hospital had fifty-one beds. Today, it has nineteen beds… The hospital is also the second largest employer on the island, with almost two hundred full and part time employees… Okay, the vote on Article Fifty-Nine… Yes, 196. No, 165. Two-thirds was 239. The article is not adopted… Okay… Article Sixty was withdrawn by Mr. Murphy,, so we are going to Article Sixty-Three, which was also called by Mr. Murphy… what? We just voted… Ha! Don’t give me a heart attack… Okay… Article Sixty-Three… starts on page 63… continues to page 64…and page 65… The Planning Board motion is on page 65….continues to page 66 and 67. It is a positive motion. I’d ask for your unanimous consent to waive the reading of that motion. Thank you. And I would recognize Mr. Rector for the purpose of making that motion. Rector: So moved, Madame Moderator. MM: Is there a second? Motion is made and seconded. Shall I go right to Mr. Murphy? Mr. Murphy… Mr. Goodman, can you give Mr. Murphy a… a microphone? Thank you. Murphy: Good evening. I’m gonna try to make this brief. I called this and the next article for a little clarification. Zoning sometimes can be a little tedious and a little… drawn out… and a little… complicated and misunderstood at some times… Sometimes things are put through for… technical corrections or… to… I think there’s a little bit of a misconception that the Comprehensive Plan is a guideline… and then these articles come before us…for the vote, for our approval…The Planning Board creates these articles, or the zoning board creates these articles to… to try to go along as best as they can with the comprehensive plan and then we… we think these articles come for approval… I kind of 65 wish there was a little heading on the top of some of these zoning articles that actually describe the impact that…these changes…as subtle as they may be may have on this community. I say this because… earlier on… I can’t really remember when, maybe three or four years ago, there was an article that had… multiple corrections… technical corrections… but then made a very significant change of one dec… one tenth of a percentage… It was an article on the zoning of duplexes, and it changed the parking factor that you use… I think from point five to point six…And that article was never called, and it was a parking factor that actually reduced the amount of bedrooms you could put on certain size lots in certain size communities, and actually made the structure smaller because you could… you then required additional parking spaces, and I say that… that article was never called, and it significantly impacted homeowners, islanders, year-rounders throughout the island….and I just wanted some clarification on this particular article, particularly the striking of the five thousand square foot lots…that appear in this article… it virtually eliminates the ability to have a sub lot on these lots…Thank you. MM: Thank you. Mr. Rector? Rector: Thank you, Madame Moderator… I’ll try the simple version…I’ll turn it over to Leslie for the technical version, the staff version of things. This article was put forward to remove some of the rigid barriers that are now in effect. And by removing these barriers, what it would do is allow the creation of covenant housing…The other thing this is gonna do, too, is move it to fee simple ownership, as opposed to being condos… If you’re not familiar with Fee Simple Ownership, you own the land. It’s that simple. And that’ what we tried to do with this article. Let me turn it over to Leslie, and see if she answer some of the more technical aspects, which I have not covered, here. MM: Thank you. Ms. Woods… Woods: Thank you, Madame Moderator… I’m Leslie Snell for the Planning Board. Mr. Rector is correct. The intent of this article is to reduce the barriers to the creation of affordable and moderate income housing for year round residents. There is currently a program for the creation of secondary lots, that allows lots to be created which don’t increase the density. Density remains the same, and those can be sold for a Fee Simple Ownership, rather than… Condo Ownership through the Nantucket housing Needs Covenant Program… Right now there is a… lending situation with condominiums, and we feel that by lessening some of the restrictions associated with the secondary lot program, that more of these lots could be created, again, for affordable and moderate income housing for our year round residents. I’d like to address a couple of things that Mr… Murphy pointed out… the Master Plan, which he referred to as the Comprehensive Plan, was supposed to be a guideline for the Town. Specifically, the Master Plan purpose is provide for the long term physical development of municipalities. Our Master Plan was approved unanimously by a vote of Town Meeting in 2009… and all of the articles that the Planning Board has put forward at this Town Meeting… is in compliance with that Master Plan… The Zoning Districts that are shown in this chart as being removed from the secondary lot program, were identified in the Master Plan to be fazed out. The 66 zoning districts that are shown in this chart as being removed from the Secondary Lot Program were identified in the master Plan to be fazed out. We have put forward zoning articles at previous Town Meetings and at this Town Meeting to remove those districts, and to place properties located in those districts in a different zoning district. And by removing them… from this article… it would only provide an incentive to work with the Town… to place their property in… one of the new districts. I would ask that you support this article. Again, we are trying to reduce barriers to the creation of affordable and moderate income housing. MM: Thank you. Mr. Murphy? Murphy: Maybe I’m just not understanding something you could answer the question, Ms…these RC-2 lots, although they are scheduled to be fazed out, they still exist, and this article would directly effect those existing lots, and it would… prohibit the… prohibit uses to… what’s the language I’m looking for… create sub-lots out of those five thousand foot lots. MM: Ms. Snell? Snell: Madame Moderator… He is correct… You would not be able to participate in the secondary lot program in those districts. In the next article, Article Sixty-Four, we are proposing to add in the new districts, which were inadvertently omitted, and…properties that are currently in R-1, SR-1, RC, RC-2, LC would go into those new districts, eventually. I’ve talked with the board really quickly, and you know, if the room is in favor of keeping those districts in this chart for right now, the board would be willing to amend their motion to leave those in… to remove the stikeouts. MM: So we’d be removing the strikeouts for the… for which zones? R-1, RC, and RC- 2? Snell: RC, RC-2 and LC. MM: Okay. Let me get a… want me to take a vote and see what the sense of the meeting is on that? Snell: Yeah. MM: Okay. Thank you. Let’s see… how should I do this? All those in favor of the Planning Board amending its motion to remove the strikeouts in those districts, and leave them in place for the time being for this article, please say Aye! Audience: (loud) Aye! MM: And those opposed, No… Audience; (silent) 67 MM: Okay, so. That’s… that’s a good sense of the meeting. So with your consent, I would amend the motion, MR. Rector, to… put those zones back in. Rector: Thank you, Madame Moderator. MM: So now, on the motion on Article Sixty-Four, with that change, is there any further discussion? (Pause.) Okay. This requires a two-thirds vote. A yes vote will adopt the motion. A no vote will defeat the motion. All those in favor of it, please say Aye! Audience: (Loud) Aye! MM: Those opposed, No? Audience: (silent) MM: That is adopted unanimously. Article Sixty-Four… is quite long. It starts on page 67… goes to 68… 69, 70, 71, 72, 73… The Planning Board motion starts on page 73, and continues from 73, 74, 75, 76, 77, 78 and 79… I would ask for your unanimous consent to waive the reading of that motion. Thank you. And I want to remind you that the motion as made would be with the technical amendments that were read into the record at the beginning of the meeting, which were purely fixing issues that occurred in the… copying and pasting, I think… on page 73… subsection C and D… should really be subsections A and B… On page 77, the indented Number 1 should be out at the margin, and be a number 6… On page 78, the first Number 11 should actually be a Number 10… And I think that’s it… So, with those amendments, is that your motion, Mr. Rector? Rector: Madame Moderator, just a bit of latitude for a second. In discussing this with Leslie Woods-Snell, the previous article is going to effect what’s going to happen here, so before I do agree to that, I just need to work this out with you very quickly about how to… MM: Okay. What needs to happen? Snell: Madame Moderator, those strikeouts that were removed from the last article also need to be removed in this article. MM: Okay. So those appear… on page… the bottom of page 74, top of page 75? We’re going to remove the strikeouts… How did that happen? You’ve already done it? She’s so fast! Okay… Is that all that has to happen? Okay, so, with those additional changes on page 74 and 75, is that your motion, Mr. Rector? Rector: Thank you, Madame Moderator, for helping us not have another technical amendment next year. MM: Yes. So. Is there a second? Motion is made and seconded. Mr. Murphy? 68 Murphy: Test. Yeah. Again, I called this article for a little clarification, but also… to make sure that this body here got to decide on something that may effect you directly as homeowners… and your neighbors in the future. There’s… under Number 1… the shaded area that’s added… Dwelling unit shall not exceed a hundred and fifty percent (150%) of the gross area… of the garage… So that means, in this article, without calling it and being adopted… if you had, for instance, a ten by twenty foot garage, then your dwelling unit, that garage apartment, could be no greater than… eight hundred… hundred and fifty percent of the garage, or six hundred square feet. I believe. Garages can be very specific, and… in their use, so if you had a shop next to it, that would be part of the eight hundred square feet. If you had… the dwelling unit above, and your dwelling unit might be four hundred square feet. So I just want you people to be aware this is not a technical correction. This is something that’s going to effect you directly, and you should have a chance to vote on it. And, again, it’d be nice if some of these things were summarized in the beginning of the article, so that these things weren’t whisked through without…some discussion. Thank you. MM: Ms. Snell, do you want to explain, because I think Mr. Murphy is… is not quite understanding how that garage situation works. Snell: Thank you, Madame Moderator. Again, Leslie Snell for the Planning Board. Town Meeting had previously approved a distinction between garage apartments and secondary dwellings in the use charts… and there are some districts where both are allowed, and some districts where only one or the other is allowed… And we recently realized that there was really no distinction between the two in the definition. SO, this is an amendment to the Garage Apartment definition to take away some of the standards that apply to secondary dwellings… to make it… more in keeping with what I think most people perceive as a garage apartment… and then leaving the secondary dwelling standards as they currently exist. And the remainder of the article mainly deals with incorrect bylaw references, where you know, we’ve moved things around in the bylaw, and references were never picked up… and… eliminating unnecessary language that doesn’t change the intent of the bylaw, and removing references from statutory requirements that you can find in the Massachusetts General Laws. They don’t need to be repeated in the zoning bylaw. So it is technical in nature, and not substantive. MM: Thank you. Is there anything else on this article? Okay. This does require a two- thirds vote. A Yes vote will adopt the Planning Board motion with the technical amendments. A No vote will defeat the article. All those in favor, please say Aye. Audience: (loud) Aye! MM: Those opposed, No? Audience: (silent) 69 MM: That is adopted unanimously… Okay… Article Sixty-Eight…. Article Sixty- Eight…begins on page eighty-three and continues to page eighty-four… The Finance Committee motion appears on page eighty-four…It is a positive motion… and I would recognize Mr. Kelly for the purpose of making that motion. Kelly: So moved, Madame Moderator. MM: Is there a second? Motion is made and seconded… Do you want…Mr. Kelly should I go directly to Ms. Wharho? Wharho: Madame Moderator, my name is Mary Warho… I am… currently the… Chairman of the Counsel for Human Services, and of the Nantucket Contract review Committee… I am also the author and proponent of Article Sixty-Nine… I want to… thank the members of the Finance Commission for the attention that they have given to the issue of the Counsel for Human Services and the delivery of human services on Nantucket… they have spent considerable time looking at Article Sixty-Eight and on Article Sixty-Nine… Initially I drafted and submitted Article Sixty-Nine at a time before the Town had undertaken its consolidation… Article Sixty-Nine is a very comprehensive treatment of how… Human Services might… how the Human Services Counsel might be operated… During the time from November, when it was submitted, to the present, a number of crises have taken place that have changed the situation. I had indicated I was going to make some changes to Article Sixty-Nine, but in reviewing both Article Sixty- Eight as submitted by the… FinCom, it appeared to me that the simplest way of approaching the situation was to propose amendments to the FinCom article, and that is what I have done, which I think you have available to you. Just by way of background, the reason for these… for the concern on this issue is that the Town has… without any legal duty nevertheless consistently provided essentially services to our most needy residents. MM: Ms. Wharho? Warho: Yes? MM: Before you go on, let me get your… get your amendment up, so we’re understanding what we’re doing. Warho: Okay… MM: So in the first section… Section Twelve point One… you’re changing the wording…C-2… all needed human services to… regarding the provision of human services. Warho: Correct. And that simply inserts the provision of…only because it seemed to me that the language was a little bit smoother and more clear… MM: Okay… 70 Warho: That was the… the…gist of it… MM: And in twelve point two, you’re bumping the membership up from seven to nine… Warho: And that would return it to the number that currently exists, and I can address the reason for that if you want to just go through the amendments…I can address the reasons… MM: Okay, and then we have changed it so the terms are staggered…. Warho: Correct. MM: Properly, and then we provided that each member serving at the time of the passage of this chapter shall remain in office till the end of his or her term, and the appointment by the Board of Selectmen of the successor member… and you have to be in compliance with Chapter Sixty-Eight-A… Warho: And… MM: And then, under the Duties, we’re putting in a section… a new section… the Counsel shall A, Develop and adopt policies for its operation and for the operation of the contract review subcommittee. Such policies may, from time to time, be amended by the Counsel… and in developing and amending such policies, the Counsel shall work with the director of the Department of Human Services. Such policies of the Counsel may address the activities of the Counsel… which may include developing implementation of the following….We have… conducting studies and making recommendations to Town Administration…I’ll let you all read it, but… Conducting Public Hearings to assess Human Service needs… Reviewing and Reporting on proposed Federal and State Regulations…Encourage and Facilitate Voluntary participation of counsel members and other community members in projects, etcetera… and undertake such other work as requested by the Selectmen, Town Administration, and the Director of Human Services. Let’s see, we have Administrative Support… the department shall provide… administrative support for Counsel for Human Services in the contract review subcommittee and may provide a representative designated by the Director of Human Services to work with governmental and private groups concerned with Human Services issues and provide reports from such agencies… Section Twelve deals with the contract review subcommittee… membership terms and vacancies… Contract Review Subcommittees shall consist of seven Nantucket residents… At the beginning of each fiscal year, two members of the Contract Review Subcommittee shall be appointed by and be… shall be members of the Counsel for Human Services… One member shall be appointed by and be a member of the Finance Committee… One member shall be appointed by and be a member of the Nantucket Planning and Economic Development Commission… One member shall be appointed by and be a member of the Board of Selectmen. Two members shall be members of the public at large, and shall be appointed y the Board of Selectmen. Members of the Contract Review Subcommittee who are 71 members of the public at large shall be appointed for a term of three years. Each member of the existing Contract Review Committee serving at the time of the passage of this chapter shall take office as a member of the contract review subcommittee… and shall remain in office until the end of his or her term… and a … till the successor member is duly appointed. Members of the Contract review Subcommittee shall be in full compliance with the provisions of Mass general Laws Chapter [Two- Sixty-Eight A]… And then we have their duties… The Contract Review Subcommittee shall work with the director of the Department of Human Services on the solicitation and contracting process, including contract monitoring for all human service grants… Grant contracts let by the town of Nantucket for outsourced Human Services… B… Provide and independent written report to the Board of Selectmen and the Finance Committee with recommendations as to the award of any such grant for Human Services to be awarded by the Town. Wharho: That’s it. MM: And that’s your amendment? Wharho: Yes. MM: Alright. Is there a second? [Off mike second] Motion is made and seconded. Now, you may go ahead and address that, but let me just first say that… the Fire Chief reports that there are lights on in a car in the back lot, license……. Ms. Wharho? Wharho: Okay. thank you. Nantucket has consistently provided essential services to its most needy residents. It has done so without the requirement or any legal duty to do so… Since 6, the Counsel for Human Services has been the voice of the town and the voice of its residents in speaking out in favor of these services. The status of the Counsel, and of the Contract Review Committee, has been under some question… for the past two years. There was an effort… in the last year to eliminate the Counsel… There is now a consolidation going on which will effect and impact the services that are being provided… and we don’t really know the outcome. The Town Manager has indicated that it is the intent of the town to continue to provide essential services, in so far as possible… But I think at a time like this when the finances of the Town are in a state of flux, it’s important to have a well organized mechanism for allowing… public input into this process… and that’s what the Counsel for Human Services has done. We need a counsel with a strong, experienced voice. The people who serve on the Counsel currently are… very… contributing members of the community. We have several of them here today… Auggie Ramos… We have a number of people who are… have really contributed and have worked… not only organizationally, but also the Counsel for Human Services has provided… has been the source of volun… volunteer efforts to actual get down and assist… in providing these services… in assisting these people to apply for… for funding, and to engage in educational activities… for people who are in need. My amendment will strengthen the Counsel as an advisory body, will actually give it specific duties… It will… it will also codify the structure and existing purpose of the Contract Review Committee. My amendment will do… essentially nothing more… 72 in reality than the way the Counsel currently operates. It simply gives it a definition and a structure…It… by codifying the structure and purpose of the Contract Review Committee… it currently is.. has… was adopted as a policy… a policy of a combination of the Board of Selectmen and of the FinCom. I believe that the FinCom relies heavily on the recommendations on the analysis that’s offered annually by the Contract Review Committee.. In this… amendment will allow that to continue and to be clear. I want also to say a couple of things… The… there’s nothing drastic in any of these additions… There’s nothing unusual… There were a number of objections to the information… the requirements that I had placed in Article Sixty-Nine… They were too administratively detailed, and unnecessary and inappropriate… and more… well suited to be dealt with by way of policy, and that’s what I have tried to do by amending… by some of these amendments…There is… if the Town truly wants to have an organization… a voice… in the area of Human Services… it seems to me that this is an appropriate one, and this is one that everyone in the Town… could and should support, and this is in fact the way… the way this process has been undertaken… since at least [nineteen eighty-six], and for the Contract review Committee, since approximately [nineteen ninety-three]… MM: Okay. Thank you. If you could close…. Are you close? Wharho: I’m very close. The other thing I want to say about this is that this is an amendment that will cost the Town nothing. It’s not a financial issue for the Town. It’s a structural issue for the Town, and it follows along with the Town’s… orientation that has existed for many years… to assist… the Town’s neediest residents. And I hope you will vote in favor of this amendment. MM: Thank you. On Ms. Wharho’s amendment… Ms. Gibson. Gibson: Thank you. Libby Gibson, Town Manager. The article as put forward by the Town, and the Finance Committee motion supporting the article, simply updates outdated language in the Town Code. It is consistent with centralizing administrative and executive functions per the Charter, and the consolidated department that Town Administration is currently establishing. It retains the value of a Counsel for Human Services, and clarifies its role as an admini—as an advisory group. Please vote no on the proposed amendment. MM: Thank you. On the amendment… Okay… The amendment requires a majority vote. A Yes vote will adopt the amendment, a No vote will defeat the amendment. All those in favor please say Aye. Audience: [loud] Aye. MM: Those opposed, No? Audience: [loud] No. 73 MM: Oy… okay.. I’m gonna have to do a hand count. All those in favor of the amendment please raise your hands and keep your hands raised till the tellers have counted your votes. We are for the moment out of the two-third vote requirement, and will be until we get back into the real estate articles… with Article Ninety-Two… [Pause] All those opposed, please raise your hands and keep your hands raised till the tellers have counted your vote. [Pause.] [Eighteen-thirty-six], a hundred and seventy-five years ago, at a legal Town Meeting in May of [ ] a report was given regarding a recent fire at Washington House, and the ensuing discussion of an article in relation to the means of extinguishing fires. It was reported expedient and highly necessary that we have more engines and hose, and therefore recommended that the Town procure by purchase three new engines of equal capacity with a torrent engine with four hundred feet of hose. All articles recommended in the Town Meeting in regard to outfitting the fire wards were accepted. .. Okay, on the amendment, the vote was… Yes… one-o-nine, No, eighty-eight. The amendment is adopted. So now we’re on the Finance Committee motion as amended by Ms. Wharho’s amendment… It does require a majority vote. Does anyone want to say anything further about this? Mr. Kopko. Kopko: Thank you Madame Moderator. What… what’s just occurred, essentially, is that Article Sixty-Nine has been inserted into Article Sixty-Eight. Article Sixty-Eight is the Board’s article that was put forward so that we could simplify and streamline and empower the Counsel for Human Services… in a way that… meshed with the Board’s goals and the Town Manager’s goals. Article Sixty-Nine did not do that. In fact, Article Sixty-Nine contains language that’s such a level of detail for a single department that exists for no other departments in the Town. There are much bigger much more complex departments in the Town, the Department of Human… or the DPW… the Police Department, the Fire Department, that have nowhere near this level of detail… requiring specific types of management of their departments. It’s unprecedented in our bylaws. We don’t make bylaws that tell the Town Manager how to manage her departments to this level of detail. So what the meeting has done now, essentially, is taken Article Sixty- Nine, which the Board and the Finance Committee did not support, and inserted it into Article Sixty-Eight, which the Board and the Finance Committee does support, and believes will create a better and more effective Counsel for Human Services. Having said that, I would urge you, and having consulted with my fellow board members, most of them at least, and the Town Manager, I would urge you to vote this article down. This article, as amended, is essentially Article Sixty-Nine… which… it’s a pretty slick way to get your article into somebody else’s article… but… I’m hoping it doesn’t work. We need a streamlined, more efficient, more empowered and more effective Counsel for Human Services, which is what Article Sixty-Eight was originally designed to provide. It now does not do that. It makes it much more complicated, and unnecessarily so. So we would urge you to vote this article down. Thank you. .. Having said that… if there is a member of the meeting who voted in the affirmative on this amendment, who would like to call for the reconsideration of the amendment, we would appreciate that very much… If that’s in order, Madame Moderator. MM: Mr. Kuster?... You are… And did you vote in favor? You are… and are you now asking for reconsideration? Okay… No, no, I need to… I want to…I just want to make 74 sure I have it all figured out. You know, we don’t do reconsideration all that much, so, it’s one of those things I could easily… make a… make a hash of…Okay… Mr. Kuster has made a motion to reconsider. Is there a second? Okay. That motion has been made and seconded. And… requires a majority vote… Is that correct, Mr. Kopelman? that a motion to reconsider is a majority…? Oh, no… Let’s see… Our bylaws… Section Forty- four- One… No final vote shall be reconsidered unless the person moving the same shall have made a declaration of his intention to do so at the time of its adoption, which Mr. Kuster has done, and shall have been one of the majority acting thereon, which he was… and no article of any warrant shall be again taken into consideration after it has been disposed of unless ordered by a vote of two-thirds of the voters present… So our bylaw requires something a little more stringent… Or am I wrong? Of an amendment? Is that different…. okay… Alright, is there any discussion on the motion to reconsider. Okay. Yes? Oh… Mr. Kopko… Go ahead… Kopko: Thank you, Madame Moderator, and thank you for the motion. I did get the sense that a lot of folks weren’t really quite clear… what was going on here… And… if you look forward in your program, you’ll see Article Sixty-Nine is substantially what has just been adopted as an amendment. The Board feels very strongly that… the article as we put forward provides for the best, most efficient and effective way to go forward, which is why we presented the article in its… form. The Finance Committee has made a positive motion on this article. The Board has been unanimous in its intent. The Town Manager supports it. I would ask you to please vote the amendment out, so that we can then go to Article Sixty-Eight and vote the article. Thank you…. And then… we’ll have an opportunity, after that, to vote on this, which is… Article Sixty-Nine. Thank you. MM: Okay… Yes. Ms. Goss. And what we’re talking about right now is whether or not we want to reconsider a vote on the amendment, then we’ll have to… vote the amendment again… Goss: My understanding is that… I think there’s again a misunderstanding. I think that Mr. Kopko is kind of jumping a little bit… I’m assuming that the amendment to Article Sixty-Eight as put forward by Ms. Wharho says what Article Sixty-Nine does, and I didn’t read it that way at all, and… you know, if people still want to vote to reconsider, that’s cool, but… I didn’t read the amendment in that way. MM: Okay. Thank you. Yes. Right up in the back. First row of the back section. Yep. Speaker: Hi. Kat Robinson Grieder. I am the Executive Director of A Safe Place, but I am speaking on my own behalf right now. I had looked at both of these articles in preparation for coming here tonight, but didn’t realize that Ms. Wharho had submitted an amendment, which I haven’t had a chance to really dele deeply into but, in the quick going through it just now, I have to respectfully disagree with Mr. Kopko that she has inserted Article Sixty-Nine into Article Sixty-Eight. Frankly, I was a little uncomfortable with the level of detail— [tape ends] 75 [Side B resumes] Grieder: [continued] – Sixty-Nine as well, and I think that the amendment that we just voted in… is a good compromise in that it doesn’t… it still goes along with the Town’s… decision to basically eliminate the Department of Human Services while still… keeping the Counsel as a advisory board… And I also disagree with Mr. Kopko’s assertion that… Article Sixty-Eight as it was previously put forward… empowers the Counsel of Human Services in any way. If you look at the article itself, it actually removes all the power of the Counsel of Human Services, and… in my opinion, effectively eliminates its power to do anything. So I would recommend that you do not… rescind the amendment that was just voted in. MM: Okay. So on the vote to reconsider… only… Ms. Brooks? Reverend Brooks? Brooks: Thank you. Jennifer Brooks. I’m speaking in my personal capacity, but I’m informed by my experience as Chair of the Food Pantry Board…one of the Human Services organizations that is… reviewed and supervised by the Counsel for Human Services…The amendment that was just made… it does have a lot of detail. One of the important changes that it includes is a change to Article Sixty-Eight, in that it specifies… the duties and authority of the Contract Review Committee. And I’m less interested in the specification of … the duties of the Counsel for Human Services, and far more interested in the clear directive which we just passed by passing the amendment, to retain the counsel… the subcommittee… The Contract review Subcommittee…The Contract Review Subcommittee isn’t just the subcommittee for the Counsel on Human Services. It’s composed of representatives from the Financial Committee and other organizations outside the Counsel for Human Services, and has traditionally been the way that the Counsel for Human Services had developed an understanding of how well the various agencies were doing in managing the funds that were provided by the Town. I think it’s really important to continue keeping the contract review committee… in that role, and keeping its…not just its… the availability of a committee, which obviously the counsel for human services could form a subcommittee, if it wished, but keeping its structure being broader than the Counsel, and also making it clear that it’s not just… something that is… a subcommittee that Counsel could form, but is something… a subcommittee that is authorized to do what the Contract Review Committee would do. So I recommend against supporting the motion for reconsideration. MM: Okay. Yes. Speaker: Hi. Melissa Murphy, member of the School Committee, but speaking as a citizen, and have to say that, frankly, I’m just confused, and I think it’s because we don’t have Ms. Wharho’s amendment to read and digest in the words, so I can’t compare what’s different to the… of the amendment, to what’s in Article Sixty-Nine… I don’t know… I can’t… it’s not even on the screen for me to actually compare and contrast between the two. Your amendment is in here? The one you’re proposing? Right… and it’s a very comprehensive amendment, and that frightens me, for us to not have it to 76 actually visually digest before we vote on making such a big amendment. I mean, copies I think for the entire Town Meeting would be more appropriate than having us read it for the first time on screen. So, that’s just my opinion. MM: Thank you. Mr. Stodd? Stodd: Thank you, Madame Moderator. My name is Charles Stodd. Um, I supported the amendment to this article, and I strongly urge the body to reject the motion to reconsider. And I particularly object to the characterization of… of what just happened as a slick maneuver of some sort as if it’s disingenuous… some sneaky procedure that… you know… nobody was aware that what this was happening. This was a perfectly legitimate parliamentary procedure that was taken… and an article was legally amended as many other articles at Town Meeting have been amended. There’s nothing slick about this at all. I would urge you to oppose this… this effort to reconsider… this amendment to Article Sixty-Eight. MM: Thank you. I think we’ll just go to a vote on the motion to reconsider… Do you have…. Okay… a question… yes… Ms. Wheatley… Wheatley: Nancy Wheatley. My question is whether the amendment which we have in front of us authorizes staff positions which would be salaried. That was my objection to the next article. MM: No it does not. Wheatley: Okay. MM: Have salaried positions in it. Wheatley: Okay. Then it is not in fact a… taking the next article and putting it into this article. MM: No. Wheatley: Thank you. MM: Okay. So. On the motion to reconsider the vote on the amendment… Let me just explain what we’ll be doing. If you vote Yes, you’ll be voting to go back and talk about the amendment again and revote the amendment. If you vote no, the amendment will remain in place as adopted. I have discussed with Town Counsel the quantum of vote required, and he tells me it is a majority vote. So… Yes, Mr. Ramos? Excuse me? You want a paper ballot? Okay, wait a minute. Paper ballot…Paper ballot… Paper ballot. Okay. Fix the method of voting. It is… requires a second… It’s debatable, it’s amendable, it requires a majority vote… Okay… is there a second on the request for a paper ballot? [Laughter.] The motion has been made and seconded. Is there any debate on the motion to have this vote for reconsideration done by a paper ballot? Okay. Any 77 questions? Is everyone clear that we’re now voting whether or note to have a paper ballot on the motion to reconsider the vote on the amendment… All those in favor of having a paper ballot, please say Ay. Audience: [silent] MM: All those opposed… Audience: [loud] No. MM: Okay. So we’re not having a paper ballot. Now we’re back on the motion to reconsider the… the vote on the… on the… whether or not we’re gonna reconsider the vote on the amendment…All those in favor of reconsideration, please say Aye. Audience: [loud] Aye. MM: All those opposed, no? Audience: [very loud] Okay. That motion is not carried. Mr. Kopko. We are now back on the main motion as amended by Ms. Wharho. Kopko: Thank you, Madame Moderator… I would ask you please to… vote this article down… this article creates a much more complex, unwieldy… ineffective system than what we already have. So, this would make the Town Manager’s job more difficult, and certainly, I think the whole process less effective. So we would urge you to please vote this article down. Thank you. MM: Thank you. Okay. So we’re gonna take a vote on the main motion on Article Sixty-Eight as amended by Ms. Wharho… A yes vote will adopt the motion, a no vote will defeat the motion. All those in favor, please say Aye. Audience: [loud] Aye. MM: All those opposed, no? Audience: [loud] No. MM: Okay. So. All those in favor please raise your hand and keep your hands raised till the tellers have had a chance to count your vote. [Pause for count.] Okay. All those opposed to the motion… Eighteen sixty-one, a hundred and fifty years ago, at a legal Town Meeting… I guess they had legal and illegal tow meetings, back then, I don’t know… but… at a legal town meeting on February Fifteen, Eighteen Sixty-One, a motion was made that the Selectmen be instructed that when they want legal advice they shall employ a member of the Bar. Isaac Austen moved to amend that when the Selectmen want legal advice, they call on whom they please, and the amendment of the motion prevailed. [Laughter.] [Pause.] Article Sixty-Eight as amended… Yes, one hundred and 78 twenty nine… No… ninety-five… the motion is adopted. Ms. Wharho I assume you are withdrawing your call of article Sixty-Nine? Thank you. And I’m assuming no one else wants to discuss Sixty-Nine… Okay… Article Seventy… Okay, Article Seventy starts on page eighty-eight, goes to page eighty-nine… The Finance Committee motion was move to take no action on the article… We have a motion I believe from the Board of Selectmen… Mr. Kopko… which is as follows… And I believe it is essentially what is printed in the Warrant. Is that correct, Mr. Kopko? Kopko: Yes, Madame Moderator, that’s my motion. MM: Is there a second? Motion is made and seconded. Mr. Kopko… Kopko: Thank you, Madame Moderator. And out of continuing effort to try and make our boards and committees and commissions… A. more effective, and B. to comport with accepted practices and State law, the Board of Selectmen drafted Article Seventy as… to address two issues. One was a legal issue… which was that there was an ambiguity in our bylaw about who serves on the Community Preservation Committee.. Our bylaw allowed for… designees of committees to serve on that Community Preservation Committee. The State statute establishing the CPA requires that members of those committees be appointed to the CPC…So… so one issue that we wanted to address was that legal issue, because we had members of the CPC… for example, from the Conservation Commission, who were appointed to the CPC but were not members of the Conservation Commission, and the State statute requires that that appointee be a member of the Conservation Commission. So there was a legal issue there. That…that issue, I believe, has essentially been resolved by act of the CPC… They… the committee itself has gotten in compliance with them. But the main reason we wanted our bylaw essentially to reflect the State statute, in establishing the CPC… which changes the… the language to… instead of just designee… to… to one member of each of the statutory bodies that appoint to the CPC, which are… ConCom, Planning Board, Park Rec, Housing Authority, and the CPC Act, actually the CPA Act, requires an appointee of the Historic Commission. Those are the five bodies that are required by State statute to make an appointee who is a member of that body to the CPC… So that the language… the first changes involve that…The two.. two required bodies to appoint to the CPC at the local level in our bylaw are the Land Bank and the Board of Selectmen. When we established our CPC we elected to have a member of the Land Bank and a member of the board also on the CPC, and in order to reflect the requirement in the State statute, the Board is proposing to require that a member of the land Bank and a member of the Board of Selectmen be appointed to the CPC rather than just a designee. And that… that’s not a legal requirement for those two bodies, but it reflects what is in the State statute. Another change is that the CPA initially required a member of the Historical Commission… In , when we established the CPC, Nantucket had no Historical Commission … so we inserted language appointing the HDC to make an appointee… Since then, we have established that Historical Commission… and as the State statute requires than an appointee be from the Historical Commission, we have changed the language from HDC to Historical Commission. And we have two members who are elected at large. The other… Mary, if you could just scroll up to… scroll down to where the other change 79 is…down.. or do you have it in your program… if you’re following along in your program… the other changes involve the mission of the… and duties of the Preservation Committee… this language is taken directly from the State statute, essentially, and adds existing municipal boards and agencies…which is language contained in the state statute. And the rest of the language is essentially also from the statute, which just defines and codifies in our bylaw the language that’s contained in the State statute. You will hear, I expect, dark…political conspiracy theories about the motivation for the Board’s making this motion. We’re simply trying to clean the bylaw up and have it comport with the State statute. And that’s what we’re doing. SO I would encourage you to please… vote this article in. Unlike the CPC, the Board of Selectmen has not spent fifteen hundred dollars on newspaper advertising or five hundred dollars on printing, or any money on private counsel to support our position on this article. We merely ask that you allow us to streamline and make more effective our boards and commissions in Town. So please vote yes on Seventy. Thank you. MM: Thank you. Mr. Brannigan. Brannigan: Good evening. Richard Brannigan, Vice Chair, Community Preservation Committee. I’ve been a member of this committee for ten years. This committee has been involved with this community ten years, and I would venture to say everybody that’s sitting here has been before our board, which has been primarily in tact for ten years, including the Chair, including most of the members. Mr. Kopko, our Board of Selectmen designee, has been with us probably two or three years, and I would say… that everyone that’s sitting here has made an application to us, has benefited from the CPC, and has enjoyed what the CPC has done for Nantucket. Now I won’t bore you with that, but it’s been quite significant. And the adage is, if it’s not broke, don’t fix it. And we’re not broke, and if this bylaw is enacted, we lose two members who have been with this committee for just about the full ten years… including the Chair. And the duties and the responsibilities that we have comported to, our going to be changed and be more cumbersome. There’s some history that I thin… that I think is important. Our memberships, our policies, and our procedures , have never been questioned in ten years. This issue has only come about when we filed our Warrant… on November first… So… so the issues of our membership, our policies, and our procedures, only came about when we filed our appropriations. SO you can make an… an argument that maybe… what our appropriations were that we talked about last night on Article Twenty-Eight… maybe there was some concern…I don’t know… if that was the genesis of this. I mean, I can only speculate. This past weekend I had the opportunity to… to speak at the Community Preservation Coalition, it was the tenth anniversary, and they had me as a panelist on… on outreach…And I had the opportunity to speak to… Stewart Saganar… he is the Executive Director of the Coalition, and I brought him up to date on this issue, and he has never seen any Town, Board of Selectmen group try to usurp the local CPC that’s happening here this evening. And he stated, and we will defend, that we are fully in compliance with the state statute, the state act, where we need five, and we’re good, and we are fully in compliance with our policies and our procedures. That’s all I’ve gotta say right now. And maybe I’ll be back, and maybe I won’t… but I… I really want you to 80 consider this… bylaw amendment that the Board of Selectmen have put forth… to change the group that’s worked so hard for this community. Thank you. MM: Thank you. Mr. Beaugrand? He’s right behind you. Beaugrand: Thank you. Thank you Madame Chairman. My name is Ken Beaugrand, and I am the Chair of the CPC. I’ve been on the CPC, as Richard said, since the beginning, and I’ve been the Chair for the last five years. I think it’s really important to understand a few corrections to Mr. Kopko’s statements with respect to the State Act. First of all, the State Act provided… provides for five positions defined in the act. Our community had four of those positions, but we did not have a Historical Commission. At the time that our bylaw was created in we checked with the Attorney General and got approval from the Attorney General to put in place a representative of the Historic District Commission, since the Town had no Historical Commission. There is absolutely no requirement whatsoever in the act for us to change that designation. One, because the Town now does have a Historical Commission. Secondly, with respect to the language relating to the appointment of members to the Community Preservation Committee, the bylaw provided, in compliance with the State Act, were the fact members of the four commissions designated by the State Act were in fact members of those commissions. The bylaw… excuse me… the State Act and our bylaw provided a greater level of flexibility in allowing the community and those other four organizations to have a designee represent them as opposed to only being a member… of that commission. Once again, your CPC is in total compliance with the act and with the local bylaw. The… as Rich said… the membership has been pretty much the same for the last ten years… The Community Preservation Committee has allocated with approval of Town Meeting over twenty two million dollars of moneys to benefit the community, and over forty-five percent of those moneys have come from the State, which this community would not have otherwise had without the work of the CPC. As Rich said, if it isn’t broke, don’t fix it. I recommend that you vote no on the Board of Selectmen resolution, which would replace an elected member with a member appointed by the Board of Selectmen. Thank you. MM: Thank you. Ms. Williams. Williams: Surprise, surprise. I’m talking about something not related to zoning… I agree with what Ken and Rich have said. I too am a member of the CPC… I… did a lot of the digging to prepare what you have in your hands, hopefully, the blue sheet… I’ve spoke to just about everybody involved. We went back and looked at how the history of the CPC was created and where it stands now. We are in compliance. There was an issue that came up this year that started the argument at the CPC… About an award, or the lack thereof… to a particular group… and that’s when all this started to hit the fan in November. That’s when the Selectmen proposed their article. The Selectmen never came to talk to the CPC. Town Counsel did not talk to the CPC. We’ve asked to have access to Town Counsel. It was not granted. We’ve heard nothing. According to our Chairman. Which is why we went and hired our own counsel to give us advice as to what the legalities are, and what the act said, and how it relates to our local bylaw. 81 We’ve been beyond reproach for the last ten years until now. There’s no requirement to meet the state law, because if they were trying to track the state law then there would be no Board of Selectmen. There would be no Land Bank. There would be no Members at Large. those were granted to us under the flexibility of the act when it was introduced in two thousand. September of two thousand, by the state legislature. I would ask you to resist the attempts by the board of Selectmen to fool around with something that is not broken and is in full compliance. The second part of their Warrant article talks about the duties. Our CPC has been in the vanguard of CPCs in the state. We are one of the first communities to actually adopt a CPC. We have led the charge on how to spend the money, what the procedures are, and they have used us as a shining example of how productive CPC funding can be for the community. For the twenty-two million plus that we’re giving away… that we’re granting this year by your vote earlier tonight on Twenty-Eight and Thirty. The duties that the CPC have performed have been done in excellent fashion. We have actually gone above and beyond what the act requires, which is why we have such a great reputation in the state. Please do not vote this through, and maintain the sanctity of the CPC which was supposed to be above political pressure, which is what this is. MM: Thank you. Mr. Rector. Rector: Thank you, Madame Moderator. I’m also a member of the CPC, and you probably have now heard from the majority of us. There’s a very old Japanese proverb: Nails that pop up must be hammered down. What does that mean? Yeah, thank you. It seems as though we, at least in my humble opinion, we popped up not too long ago. And I’ve got to admit, it’s beginning to feel like we’re being hammered down here. And let me explain why… Mr. Kopko came out to say that this was an attempt to make this more effective and efficient. I’m going to challenge this tonight to go back to… in this committee…Where are the inefficiencies? And where has been the lack of effectiveness? He’s absolutely right… we did spend money to hire our own Town Counsel…our own counsel to deal with this tonight. Why on earth would we do that? I will tell you as one member, from the very beginning, when this started, we constantly requested access to Town Counsel to clarify the issue. Almost four solid months of requests. Basically ignored. Is that how we wanna work together? I would challenge the fact that that was an objective with the new town Counsel. To put us all together in the same place and work out our differences so that we wouldn’t be here dealing with this tonight. I will argue with you that the law is mutable. It is subject to change, and interpretation. I think I would speak for every member of this committee, and correct me if I’m wrong, we all want to do the right thing before this town. There is no question in my mind. We all want to comply to what we have to do. But to not have access, to not be able to ask the questions that are fundamental to what we’re dealing with? I have to challenge that. I think whatever the end results are after our dialogue, I think we’re willing to comply, once we’ve had the dialogue. Look at the FinCom recommendation tonight. They even went as far as to say the same thing… I’m going to ask you to defeat this motion. Go with the FinCom recommendation. Let us work this out… and let’s give us one year to see how this all begins to play out. Thank you for your time. 82 MM: Thank you. Yes. Ms. Gookin… Gookin: Barbara Gookin. I’m sorry that I’m once again speaking on an article, but this one’s closer to my heart. The CPC is a wonderful thing. We all voted it in wholeheartedly. It’s great. It’s made up of great people, and they do wonderful things. But I do think it can be better. I think it’s a mistake to say that this has never been challenged, because actually I myself have challenged it. I went to CPC meetings in two thousand and four not to propose anything, but to request that they do more for affordable housing. At the time there was very little being spent on that, basically the minimum, which is ten percent of the allowable funds… just, I think it was a little over ten percent at the time… It’s been more since then, so I’ve backed off. But in [two thousand and four and two thousand and five], I was very unhappy with that, so when I met with them I really didn’t get any kind of answers. I asked to see… the duties that they’re charged with is to study the needs of the community. And I asked to see those studies and there were none. They claimed that these studies were just the reviews of proposals, and figuring out which they thought were most of merit, and which they had funds for… and making sure that they covered the ten percent allowable for housing, open space and… historic preservation. So, I wasn’t really happy with the answers that I got there, so I brought it to Town Meeting… in [two thousand and five] I believe was the year… and even brought to Town Meeting that there were concerns… about housing, also. So… at the time, when I brought that article to Town Meeting to increase the… spending for housing, Mr. Beaugrand actually stood up and… I’m sorry, I shouldn’t name names… someone from the CPC stood up and said that the article that I proposed was illegal, and then it was voted on right after that. Well it wasn’t illegal… because the article was brought to the Attorney General’s attention, and the Attorney General said it was fine… We could adopt that if we chose to. But we didn’t. SO I just want to say that this has been brought up before. It’s been questioned. I don’t know if there are studies done now… but there were not studies being done then on the needs of the community. So I think the CPC is wonderful, and I think there is room for improvement. And I do support the Board of Selectmen’s changes. Thank you. MM: Thank you. Yes. Mr. McIntyre… McIntyre: Thank you. I’m Dual McIntyre, and I live on Green Hollow Lane. I’m not a member of the CPC… but I have observed it for the past ten years… and I think the way they’re constituted and what they have done has been wonderful. There may have been some disagreements. Certainly this article appears to have its origin in some squabble, or disagreement, but I do not think that changing the bylaw when there’s not a legal need for it is the way to solve this. I think the way to solve it is to ask the parties involved to go back and sit down and discuss it and work it out. Thank you. MM: Thank you. Yes. The gentleman in the front row… the back section next to Mr. Goodman… Speaker: Is it on? I’m Bob Olson. I live out in Madaket. And I’m not going to talk about mosquitoes. What I’ve heard about is the CPC members, and I’ve heard about the 83 Board of Selectmen, and I’ve heard about a proponent who asked for money. I represented an organization several years ago where we solicited some money from the CPC… If anybody here doesn’t believe that the CPC puts you through the ringer in a very positive sense, they’re mistaken. That board helped us to submit the proposal. They guided us through the process. They also have limited resources to allocate amongst all their endeavors. We had two successive years… two success… two approaches separated by one year to help us fund some work that we had done. I have nothing but admiration for the detail that they put us through in a very positive sense to get that… and to allocate the money. I recommend voting this down. Thank you. MM: Thank you. Ms. Sealy. Sealy: I’m Renee Sealy, Executive Director of the Nantucket Housing Authority. I’m speaking as the director, but also as a private citizen. I want to highly commend the activities and votes of the past from the CPC. I commend them completely. I find that they’ve been very generous with a lot of our affordable housing… initiatives… and… they do put you through making sure you have an extremely lengthy application that is… you know… complete. The biggest problem I have with this article is that it’s not making the CPC better. It’s limiting the talent pool of people that we can have serving on boards. Now, if an elected board wants to designate a person to serve on their behave, they’d scrutinize that person. They’re going to be speaking on behalf of that board, but we’re getting an extra, fabu… I think our greatest natural resource here on Nantucket is its people. And if we can have a larger diversity of people serving, and not always members that are limited to these boards, is a disservice. So see that this is defeated. Let’s keep the CPC in tact the way it is. They’re doing a fabulous job, and I commend them again. MM: Thank you. Ms. Atherton… Atherton: Thank you… D. Anne Atherton… Listening to this discussion… I’ve never been to the CPC… I’ve followed it… it’s funded so many excellent things… I’m… I’m coming from a structural position… I have a question for.. like the Land Bank. When it says a member of the Land Bank… should sit on the CPC… Why isn’t one of the five members of the Land Bank sitting on the CPC? MM: Mr… Mr. Reinhard? Reinhard: Allan Reinhard…A member of the Nantucket Land Bank for the last eight years. We have been participating in this for the last ten years the Land Bank has had a member serving there. Three… I’m sorry, five years ago, the person that we had chosen was not reelected. We as a commission voted to have that person continue… because of the rigorous process that the CPC goes through… we felt that the person who was representing us had the understanding of the process… and the knowledge to be an effective representative for us… When she decided to… not continue in that position, we discussed among ourselves, who would fill the position, and Mr. Beaugrand was available. Let’s put it that way. We were excited to have him represent the Land Bank 84 before the CPC…Mr. Beaugrand has been to the CPC… has been to our meetings… I feel he keeps us very well informed. If we have an issue, if we have anything to present, we communicate with Mr. Beaugrand. We have been very satisfied with Mr. Beaugrand’s service. And I feel personally that this particular bylaw would prevent the Land Bank from exercising the choice that we feel we would like to have on the CPC. Thank you. MM: Thank you. Ms. Wheatley? Wheatley: Thank you, Madame Moderator. Nancy Wheatley. Mr. Kopko made a plea to this body by saying that this was needed from a legal perspective to bring… that’s what I heard you say, Michael. Well, that’s what I heard you say, and if there’s not a legal need to do this, it’s clear that there’s a lot going on in the community, and I think the Finance Committee was right in terms of saying we should not take any action tonight… We should let the boards and commissions that are involved in this work it out, and if they want to come back to Town Meeting next year with a recommendation, we should hear it then, without all of these undercurrents. MM: Thank you. Oh, yes. Okay… I did recognize Mr. McClusky, and he called the question. Ms. Benz, did you have a comment you wanted to make, and then I think we’ll just go to the…question. Benz: Very quick comment. I agree with Ms. Wheatley, which is somewhat unusual… in the past we have not always agreed on things. But the one thing that has always interested me about the CPC… is they are able to determine where two point five million dollars goes. That’s a lot of money. And… and… and how it’s structured and all of that… you know, it’s somewhat significant in terms of where that money goes. But I absolutely agree that this requires some more study… and… that the whole thing really should be looked at, because of the amount of money that is involved. It’s very large, and the only time we really look at it is when we see it in the book. Right here. MM: Thank you. Alright. I think we’ll just go to a vote. I think we’ll just go to a vote now on the motion on Article Seventy, which is made by Mr. Kopko… which is essentially as printed in the article, with the beginning change to become a motion… move that a Chapter Eleven… etcetera. A Yes vote will adopt that motion, a No vote will defeat the motion. It requires a majority vote… Yes? Point of order? Speaker: Is it turned on? Yes. There we are. I’m Ken Blackshaw… Are we voting…? MM: We’re voting on the motion on the article… Blackshaw: To follow the recommendation of the Finance Committee? MM: No. No…What we’re voting… I’m glad you asked… What we’re voting is Mr. Kopko’s motion… which is essentially the text of the article as it appears in the Warrant, 85 and which is now projected on the screen. So, if you look on pages eighty-eight, eighty- nine of the Warrant, we’d be adopting that language. Blackshaw: The recommendation of the Finance Committee. MM: The Finance Committee motion was move to take no action…and our policy is that where possible we have a positive motion to vote on.. to begin with… So Mr. Kopko made a positive motion to adopt the article as printed in the bylaw. If we vote Yes we will adopt that motion. If we vote No…the motion is defeated, and we go to the next article, and it has the same effect, really, as the move to take no action… It will have defeated that article… So… a Yes vote will adopt Mr. Kopko’s motion, which is the language as printed in the Warrant… pages eighty-eight to eighty-nine. A No vote will defeat that motion… It requires a majority vote. All those in favor say Aye. Audience: [medium] Aye. MM: All those opposed, say No. Audience: [loud] No. MM: The motion is not adopted. I think… since we’re gonna have to come till tomorrow night, we should probably stop at this point… Okay… Could we do one thing before you go? There were two articles… that means we don’t want to forget them… there were two articles that were thrown into the pot for the end… I just want to take a vote on those… Article Sixty and Sixty-Nine… and the motion would be… move that the following articles be voted as recommended and/or amended by the Finance Committee and/or as recommended by the Planning Board and as printed in the Community Report. With technical amendments brought forward during the course of the meeting. Article Sixty, and Article Sixty-Nine. Is that your motion, Mr. Kelly? Thank you. Is there a second? Motion made and seconded… All those in favor, please say Aye. Audience: [loud] Aye. MM: All those opposed, No? Audience: [silent] MM: That carries unanimously. Thank you very much. [End tape. End Night Two] 86 Resume Night Three [Resume tape] MM: -- well I’m not, but the people who are doing all the work are… on the screen right now… Article Ninety-Four… On page one hundred and nineteen… We are changing the Finance Committee motion to move to take no action… And with that change, my understanding is that the person who called that article is withdrawing the call…That was Mr. Barreta… And is there anyone else who wishes to discuss Article Ninety-Four? Okay. Great. So we’ll vote on that at the end… with a take no action recommendation… the next is Article One-O-Six… We have an addition to the Finance Committee recommendation… Which is to cross out all or any… and this is on page one-thirty-six of the Warrant… and then to add in…reserving a six foot pedestrian easement connecting Baxter Road land owned by the Town of Nantucket, and containing the Siasconset Bluff Walk… Assessor’s Map Forty-Nine, Parcel Nine, or all of the way opposite of Anne’s Lane, provided that a six foot pedestrian connecting Baxter Road and owned by the Town of Nantucket and containing the Siasconset Bluff Walk… Assessor Map Forty-Nine, Parcel Nine, be provided at an alternative location within Assessor’s Map Parcels One- Eleven… sorry… Eleven… Twelve…Thirteen and Fourteen… Are you withdrawing your call on One-O-Six, with that change, or are we still discussing it? We’ll still discuss it… Okay… Then, on One-Eleven… we are… taking out Parcel Seventy-Eight- Nineteen… Surfside… the first parcel at the top of page one-o-three… with Map Seventy-Nine, Parcel Thirteen, Weweeder Avenue…we’re adding… provided that a conservation restriction has been placed on the property protecting its open space value…We’re eliminating parcel… Map Eighty-Eight, Parcel Thirty-Six Boulevard…Yes? Speaker: Thomas Barreta… Do we have the updated map for that article, so that we can all see it? MM: Yes. I will show you the map after I read this. Barreta: Okay. MM: Then Everet Street between the southern side line of Weweeder, we’re taking out… to the Atlantic Ocean, not including any portion… And then we’re taking out Boulevard from the western side line of Everet Street, the western side line of Russell Street, and the reference to the map. Yes… and this is the new map… And it is my understanding that Mr. Barreta you’re withdrawing your call on One-Eleven with those changes? Okay, thank you. Is there anyone who wishes… Excuse me? Oh, to the text? Certainly… Okay… Yes… Mr. Barreta… Barreta: Thomas Barreta. There was another parcel of property that was in this article to the left of the runway… That article is… on the original map… that article… that piece of property has a conservation constriction on it now, is that correct? I just want to verify that that was listed properly within the wording there, ‘cause I’m not exactly sure which parcel… 87 MM: Okay.. You know what? Let’s do this technical amendment, and then we’ll just take a discussion on Article One-Eleven. Barreta: Okay. I just wanted to verify that. MM: Okay. Alright. Well there are the… those are the technical amendments and we’ll leave that on the table… And then… on One-Fourteen… on page one-forty-four to page one-forty-five… in the first line… move that the Board of Selectmen…we’re adding… and/or the Airport Commission…and we’re crossing out and… and adding an s to the end of easement…so that it says… be authorized to grant easements… And, Mr. Barreta, are you withdrawing your call with that change? Okay… Is there anyone else who wishes to discuss Article One-Fourteen…Okay… I also heard… that’s it under the technical amendments… I heard today from Mr. Rogeveen that he is withdrawing his call of Article Ninety-Two… Article Ninety-Two is on page one-eighteen of the Warrant… Real Acquisition, Fifty Union Street… Is there anyone who wishes to step into Mr. Rogeveen’s place? on Article Ninety-Two? Okay… So we’ll put… put that at the end as well…So we now have at the end of the meeting… Ninety-Two, Ninety-Four, and One- Fourteen… And we start… with Article Seventy-Two… Article Seventy-Two is on page ninety… ninety-one of the Warrant. It has a positive Finance Committee motion, which is as printed in the Warrant. I’d ask for your unanimous consent to waive the reading. Thank you. And I’d recognize Mr. Kelly for the purpose of making that motion. Kelly: So moved, Madame Moderator… MM: Is there a second? Motion is made and seconded. Mr. Collier… Collier: Thank you, Madame Moderator. I imagine there isn’t a map of the Sewer… there is? MM: No. Collier: Okay. Everybody’s probably familiar with the Comprehensive Wastewater Management Plan which was created in Two Thousand and Four…It designated certain needs areas that… are… appropriate for… what they deemed it appropriate for sewer expansion… of Madaket… The current process is that any expansion in those needs areas or even outside those needs areas to be incorporated in the Sewer District… comes to Town Meeting. What this is actually giving the Sewer Commission or the Board of Selectmen authority to…basically expand the Sewer District without Town Meeting approval… That might be all well and good if the area seriously does need sewer… sewering or the extension. I just feel the current process really generates a lot of public discussion. That generates a lot of education. I’ve learned so much through the articles that have come to Town Meeting, to determine if there’s the need for sewers. I think the residents in the area, they learn a lot… they learn about the process… I really feel the public process right now that is it goes through Town Meeting is the appropriate way. One of my concerns is that if this does take place, the next meeting of the Sewer 88 Commissioners is they essentially can make all of Madaket a sewer district. That might be good. I will be the first person in line if all the studies say… that that area should be sewered, but right now… the verdict is out and the ball is sort of rolling in that direction, but there’s just a very large presentation by the Town’s consultants and partner ESTMAST on the estuaries project that looked at Madaket, and a lot of options were on the table, not just. So, I think that we maybe need to just pull this back a little bit… keep the current process… Have Town Meeting invested… and educated… and participate in the current process. Thanks. MM: Thank you. On Article Seventy-Two…I can’t tell… are they talking about talking, or should I just go on… Because nobody else seems to want to talk… so… Speaker: My name is Rick Atherton. I think this article originated primarily for the convenience of our citizens more than for the convenience of the Board. At times people want to join the Sewer Districts, and the article was designed.. if you’re in certain needs areas to make that process very easy. You don’t have to go through a petition to Town Meeting and go through all that rigmarole. The board did not undertake this. In a sense we felt we needed to accommodate our management of the Sewer Districts. We appreciate Mr. Collier’s comment, and I think we’ve all heard similar comments from a number of citizens. And since the… the reason for this was really the other way around, I think we sense from this tone of Town Meeting that we not proceed with this, and the Board would like to withdraw the article from consideration. Thank you. MM: Thank you. So, on this article. I guess we’ll just go to a vote. It requires a majority vote. A Yes vote will adopt the article, a No vote will defeat the article. All those in favor please say, Aye. Audience: [quiet] Aye. MM: Those opposed, no? Audience: [loud] No. MM: the motion is not adopted. Okay we’re going to go to Article Seventy-Three. [pause] Okay… Article Seventy-Three starts on page ninety-one and continues on page ninety-two, ninety-three, ninety-four, ninety-five… The Finance Committee Motion starts on page ninety-five. It is a positive recommendation… It continues onto page ninety-six, ninety-seven, ninety-eight, and on to page ninety-nine… where it… where it ends. I would ask for your consent to waive the reading of that motion. And I have… Mr. Kelly has recues himself from this article, so Mr. Mulcahy, the Vice Chair, will be making the motion. But before you do that, Mr. Mulcahy, I have one friendly amendment I would like to suggest at the bottom of page ninety-eight… there are two parcels… Parcel Fifty-Four… Map Fifty-Four, Parcel One Sixty-Nine point two…and Fifty-four, One Sixty-Nine point three…those two parcels…you were going to do the same thing? 89 Atherton: [off mike] Well this article is the last article… Couldn’t we save a lot of time here? MM: Oh. Well let me do this one thing first. Those two parcels have already been added to the Sewer District Map when we adopted Article Seventy-Four, so to prevent any confusion, I’d like to delete those two parcels from this article. Fifty-nine, One Sixty-Nine pint two and Fifty-nine, One Sixty-Nine point three… Otherwise if the… action is different, we’ll have a problem. Is that alright? Speaker: [Mulcahy] Yes it is. I’ll make the motion, then. MM: Thank you. Is there a second? [off mike… I second it] Motion is made and seconded. Now… this was called by Mr. Barry, but did you want to make a comment first, Mr. Atherton? Atherton: I think again, this article was drafted for the Board when we anticipated moving ahead with the construction of the collection system into Monomoy. This that article was withdrawn, and since we have discussed the article just before this on leaving the power to bring lots into the Sewer District with Town Meeting, I think it’s appropriate for the Board to withdraw this article as well. The citizens who happen to live in this area had a private article… or, I should say, a citizen sponsored article, which, as Sarah just mentioned was passed the other night… so… the citizens that want to be in the sewer district will be allowed in by the vote you’ve already taken, so I don’t think there’s any harm to anybody in passing this over tonight. Thank you. MM: Mr. Barry, did you want to speak, or…? Okay… Barry: Thank you, Madame Moderator. David Barry. I am a year round Monomoy resident property owner, and although it appears as though perhaps there’s not much to discuss about Article Seventy-Three, in regard to Mr. Atherton’s comments, I would like it to be known to the Board of Selectmen that there are year round residents in Monomoy. We have teachers, we have a nun, we have many carpenters, we have a bee keeper, that’s myself, there are many retired persons, and there are electricians, that are year round residents in Monomoy. It has been suggested that all Monomoy property owners live in either Greenwich or Palm Beach, which… was a comment from one of our Board of Selectmen, and I would just like to have the opportunity to… let everybody know…the BOS and everybody else that in fact that’s not accurate. That having been said, I think there’s not much to discuss on Article Seventy-Three at this point, obviously, and I appreciate your time. MM: Thank you. Mr. Kopko… Briefly. Kopko: Thank you, Madame Moderator. I just want to make one thing clear… that this Palm Beach-Greenwich comment that’s been attributed to me, which I did make… The comment that I made was that we shouldn’t make this decision without all of the residents of the Monomoy area participating in the discussion… of what’s going to 90 happen out there… and as some of them are in… the Palm Beach and Greenwich, they will not be here for this discussion…so we shouldn’t have that discussion until everyone who owns property out there… is here to be involved in the discussion. That was my comment. This is about the fifth or sixth time this comment has been misquoted back to me, so… my… the point I was trying to make was that all property owners in the area should have a voice in the decision making process. Thank you. MM: Thank you. Okay… Yes… Mr. Blackshaw? Blackshaw: There we are? There we are. Hi. I’m Ken Blackshaw. And I live at Sandwich Road… in Monomoy… year round… well, since… as year round as I can. We’ve been on the Sewer at that location since Nineteen Eighty-Four…The Sewer line runs out Chatham Road… I believe it goes as far as Don Allen’s garage… The area… that Article Seventy-Three addresses seems to cover a little bit of Monomoy, but really an area that most of us would call Shimmo. In other years, I’ve seen homeowners attempt to get on the sewer… system of Nantucket… and… be told that… they were not considered as part of the scope of the effort when the current sewer system was designed and laid out, which I guess was Two Thousand and Four.. So now I’m understanding if those… and they were just two or three homes, I think in the Hummock Pond area… either last year or the year before… were not allowed, I don’t understand why… what must be close to a hundred homes are now being considered to be added. Now if you’re going to tell me it’s because you’ve got to protect the harbor, I’ll say okay… But a lot of these places are on very modern septic systems. They paid a large amount of money to have installed. Would they be forced to connect to the sewer in that situation? I think the real problem with the health of the harbor relates to fertilizer use… runoff from fertilizer use… which I don’t think is effected by installation of a sewer at all. So… having said that, I think I’m done. Thank you very much. MM: Thank you. Um, yes. Speaker: Thank you, Madame Moderator. I’m Steve Anderson. I’m a year round resident of Shimmo. I agree with many of the comments that Ken Blackshaw just made… I also applaud very much the selectmen deciding back about four or five weeks ago to remove a fifteen million dollar appropriation from Article Twelve, realizing that communication had not taken place with those that are effected by the expansion of sewers. I was also told as a resident of Shimmo that there was two areas being discussed for sewers this year. One was the Monomoy needs area. The second was the Shimmo needs area. Then I was informed by the Capital Appropriation Committee that we’re looking at Shimmo Needs Areas sometime in the future. Well, I thought I was exempt. But I found out that Shimmo is actually in Monomoy, which was news to me. SO, there is an extreme lack of communication. I understand if the selectmen are prepared to get a committee formed and really look at many of the issues relating to sewers. Is there a need…What would be the methodology… Would it be applied consistently to other sewer needs areas throughout the island? And I applaud the selectmen also to take that time and study this further. Thank you. 91 MM: Thank you. Mr. Mulcahy…In light of Mr. Atherton’s comments, did the Finance Committee wish to change its motion to take no action… or do we want to have an up or down vote on the…? Mulcahy: I think for time’s sake, why don’t we have an up or down vote? MM: Okay. Alright. Mr. Collier… Collier: Thank you Madame Moderator. Even though I am in support of this article, I’m also in support of what I said about Seventy-Two… Some good things come across. My main focus is the environment, water quality. Sewering this area, I am completely confident that sewering this area is going to better water quality in the area. Numerous studies have been done in this area looking at the main causes of nitrogen going into the harbor, atmospheric deposition, septic number two, fertilizers and storm water. The reason why I did put forth…wanted some discussion on Seventy-Two, and it to go down, is because, although I am sometimes in a bit of a shell, when it comes to environment, there are also numerous other issues involved, financial issues involved that I am aware of. I just want the assurance from the Board, and from the community members, that do live here, that we can all get together, come back to Town Meeting next year, continue this momentum, find an equitable solution, financial solution, and also try and get this area sewered. We’ve had a plan since Two Thousand and Four that was worked on for about three years beforehand, so since Two Thousand and One we’ve been looking at this area… We all know the problems with the harbor. We all know about the algae blooms. They will just continue and continue and continue unless we do something about it. So I really want everybody involved, here, to get together and come up with an equitable solution and a positive environmental solution for this area for Town Meeting next year. Thank you. MM: Thank you. Ms. Rogeveen? Rogeveen: Before we go too much further, I just want to give our reassurance to Mr….uh, Cormack, that we would be… our question currently is about the financing, it’s not about the yes or no. And I think you’ll see in the upcoming year that we’ll keep that word. Thanks. MM: Okay. So this article takes a majority vote. A Yes vote will adopt the article, a No vote will defeat the article. The motion that you’re voting on is as printed in the Warrant with the two parcels on page ninety-eight taken out. Yes. Ms. Gonella… Gonella: Bea Gonella, resident of Shimmo. And I support what… Mr. Blackshaw said, and I appreciate the fact that I believe it’s fertilizers that are doing far more damage to our harbor than our septic tanks. Many of us in the Shimmo area spend a lot of money to have our state of the art septic tanks. I’m not sure that anybody’s going to compensate us for that. I also want to point out that, according to the Board of Health, we have to have a hundred feet between our septic tank and our wells, which are our drinking water. Now, we are well away from a hundred feet from the harbor. And if that water is safe for us to 92 drink a hundred feet from our septic tanks, I question how much damage its doing in the harbor which is many, many, many hundreds of feet away. Thank you. MM: Thank you. Mr. Beaugrand. Beaugrand: Thank you, Madame Moderator. Just a point of information… through you to Mr. Atherton… Mr. Atherton said…an earlier article was passed dealing with some of the lots, but with respect to the sewer approp… being included in the sewer appropriation… sewer district… and I was just wondering what article it was, ‘cause I was just looking through and I just couldn’t find it, it was just a point of information. MM: You were asking which articles put lots into the sewer district? Beaugrand: That’s correct… that would be otherwise effected by this particular amendment… MM: Well, Seventy-Four, which we already adopted, put two parcels in… and… I think Seventy-Five, which we adopted, put another two parcels in on Cato Lane… Seventy- Six…which we adopted put in the Hummock Pond Road parcels… And I think those…those are the articles… Seventy-Six, Seventy-Five and Seventy-Four… Beaugrand: Okay, because I thought he said that those articles had dealt with some of the properties that were in this article, and that was what I couldn’t find. Thank you. MM: Thank you. Yes. Mr. Blackshaw. Blackshaw: This is Ken Blackshaw. Just one more question, please. I don’t see any reference to any funding in this article, however, I read an article in the NARAB newsletter that indicated that this article was gonna… start up a study that was gonna cause us to spend over half a million dollars… and I just wanted to make sure there’s nothing hidden in there that… if we… vote for this, are we gonna spend half a million dollars on the study? Thank you. MM: I’m not sure, given the comments that the Board of Selectmen has made that anyone’s voting for this. There’s no money in this article. Which article had the money in it, Mr. Kopko? That article was passed over… Anyway there’s no money in Article Seventy-Three… Atherton: Just to make sure that we understand it, there’s no money in this article. There’s no money in any other article on this year’s Warrant… However, there was money two or three years ago, and I don’t have the exact number, let’s say it’s rounded off to about half a million dollars to provide for the design of a sewer system in… let’s say… I can’t say Monomoy anymore… in a specified area… That money is still available and essentially has not been spent yet, and it’s sitting there waiting for our next major discussion of how we’re gonna pay for this. And, listening to the argument tonight, some of you may not even believe it’s needed, so we have some real education to go through, 93 folks. And I think most of the evidence makes quite clear that septic systems do provide nitrogen into our harbor. So that’s what we’re going to have to deal with. MM: Thank you. Mr. Kopko. Kopko: Thank you, Madame Moderator, and I will be brief. I just… I want everyone to be absolutely clear. The Board has stepped back from this whole process at this point. the Board is not pursuing the construction of sewers in Monomoy at this time. We are not even at this point pursuing this article, which is just putting those properties into the Sewer District. The Board has committed to stepping back from this whole process. We will undertake to update a seven, eight year old Comprehensive Wastewater Management Program… that the Town is working from. Clearly there have been some changes. There have been some areas that have become clear…. possibly should have been included in the identified needs areas initially… and some that maybe should not have… So we need to update that … CWMP so that we can identify with science and date, now that we have the Estuaries Report for the Nantucket Harbor… and Madaket Harbor and Pond, it’s a great pond… We have the data, we need to apply to updating the CWMP. And once we have all of those things together we can, as a community, sit down and discuss where the sewers are going to go, comprehensively, and how they’re going to be paid for comprehensively. And when that time comes the entire community will be involved in that discussion. And the point that we’re trying to make here is that we’re not ready to have that discussion yet. So those of you who are afraid that a sewer’s coming to you soon and you’re going to be charged a hundred thousand dollars and all this other stuff…. None of that is on the table. I’m here to assure you. None of it. And we’re not even gonna talk to you about it probably for another year. So, again, we’ve withdrawn our support for this article. We ask and expect it to be voted down… so that we can move on to the next article. Thank you. MM: Okay. So, a Yes vote…Oh, is there someone who wishes to speak? Never… never mind, right? Okay. A yes vote will adopt the motion on Article Seventy-Three… Again, the motion is as printed in the Warrant with the elimination of the two parcels that were dealt with in Article Seventy-Four… A No vote will defeat the motion. It requires a majority vote. All those in favor say Aye. Audience: [silence] MM: All those opposed, No? Audience: [loud] No. MM: Can something be unanimously defeated? I guess so. Okay. Article Eighty-Two. Article Eighty-Two starts on page one-o-six of the Warrant… It continues to page one-o- seven. It has a positive Finance Committee motion. I’d ask for you unanimous consent to waive the reading of that motion. I recognize Mr. Kelly for the purpose of making the motion. 94 Kelly: So moved, Madame Moderator MM: Is there a second? Motion is made and seconded. Mr. Collier? Was this something you were gonna speak to? No? Am I wrong? Mr. Barreta… Sorry Mr. Collier, I can’t put you responsible for everything. Barreta: Thomas Barreta. I had called this article just to verify that there is a Conservation Restriction on the thirty-eight and a half acres. Land Bank verified that there was, so I believe… Eric is here? MM: Yep. There he is. Mr. Savetsky, do you want to confirm that there is a— Conservation Restriction on this property? Savetsky: Eric Savetsky, Director of the Land Bank. The property under consideration currently is entirely permanently protected as Open Space by a Deed Restriction that will be superseded by a Conservation Restriction, which we filed with the State, and once its approved by the State office that reviews them, it will come back here, we’ll finish signing it, and then it will be recorded long before we think about finalizing a swap for that property. MM: Okay. Thank you. Is there anything else on this article? This is a Home Rule Petition. It requires a majority vote. A Yes vote will adopt the motion. A No vote will defeat the motion. All those in favor, say Aye. Audience: [loud] Aye. MM: Any opposed, no? Audience: [silent] MM: That carries unanimously. Okay. Article Ninety-Two was withdrawn, so we’re going to… Article Ninety-Three… Article Ninety-Three starts on page one-eighteen of the Warrant. It continues to page one-nineteen. It has a positive Finance Committee motion… I’d ask for your unanimous consent to waive the reading. Thank you. And I’d recognize Mr. Kelly for the purpose of making the Finance Committee’s motion, which is as printed in the Warrant. Kelly: So moved, Madame Moderator. MM: Is there a second? Motion is made and seconded. Mr. Barreta? Barreta: Thank you, Madame Moderator. Thomas Barreta. I just called this article to find out exactly why we’re selling this property. I believe it’s to get money to fund for the renovation of the main building for our administration buildings, but I just want to verify the reasoning behind it. That’s all. 95 MM: Okay. Ms. Gibson. Barreta: Libby Gibson, Town Manager. We’ve been talking for some time now about selling the Mooney building and use.. to use the proceeds to help renovate the old police station, move the financial offices that are in the Mooney building now, into that. We’re having some other discussions now, which are nowhere near concluded as to the possibility of expanding the old police station more… to potentially, possibly, not written in stone in any way, shape or form, move other offices in there from out of town… maybe… But the purpose would be to use the proceeds for other capital projects… That one in particular. MM: Thank you. Mr. Barreta? Barreta: Thank you. Can that be technically written into this article, that the funds would be used for that purpose, instead of the funds being put into the General Fund? Just so that we’d know that that is why we are selling this building, instead of just… getting the money for the funds. Atherton: Tom, you know I really don’t think we want to get that specific in this article. When the Town has to deal with the question Libby just posed for you, about what to do with the old police station, and other office configurations downtown, we’ll have ample time to determine the type of funding that is most appropriate. At that time, the Mooney building might not have been sold, so the money might have to come from another source. We just don’t know that. I think we do know that the Mooney building as an office building is not one that is well suited for Town offices. It was bought at a time when the Town needed space, period. And all you have to do is look at the building and determine what shape it’s in, and how much money it would take to bring it up to code, and you know the Town’s interest is to be out of that building as soon as we can. Thank you. MM: Thank you. Mrs. Holland. Holland: Thank you. Linda Holland. This has raised…a whole new issue… And I’m truly interested, and I’m so glad the article was put before us for discussion… We have a vote that says… no town offices will be moved out of town… without a Town Meeting vote… and I have been concerned that … Town Offices… have been temporarily located out of town at the old Electric Company building. Now, I think selling this building is probably a very fine idea… But going way back in my memory, we have plans to change the Visitor’s Services location, and to expand the Town Building, and connect it with the old Fire Station/Police Building… and to do… a downtown expansion of Town Offices. And we discussed last night the vitality of the downtown offices, keeping town offices in the downtown really keeps business open. It keeps restaurants open. It keeps a whole lot…people come downtown to do some work, and then they have a cup of coffee, and then they maybe buy something. I think it’s fine to sell this building, but I would like to propose an amendment I guess. I’m just quickly thinking on my feet. I would like to suggest that if sold, the money be used for downtown office space. And keep it free… 96 not tie it to any project… but not to… expand… moving our vital Town services out of town, which I think takes a lot of life out of our core district. That’s just a thought, because I think it’s truly important. So may I make that motion? For the funds to be used for downtown office space? MM: You want to add— Holland: In the core district? MM: You wanna add that the funds will be restricted to use for the expansion of downtown Town office space… Holland: Town offices in the Core District. Yes. MM: In the Core District…Um, you know… Holland: You don’t like that. Okay. [Laugh.] MM: Oh, no, no. I’m just looking at Mr. Kopelman to see if he wants to quickly give me some language to use… Okay.. Alright… So… Just bare with me here for a second…Alright, so at the end we’re going to add a semi-colon… provided… Can you hear me? Okay… provided… comma… however… comma… that…the… net… net… proceeds… of… any… such… disposition… shall…be…used…for…Town… and/or County…office…space…in the…Is there a definition of Core District? Do we have a map? Holland: I think that’s used more than downtown. MM: Oh I think so… I think so too. Holland: But I can’t answer that…Let’s go with Core District… MM: Okay… Holland: Or what Andrew… says… MM: There is… I don’t know that there is a Core District…Wait… Is there a Core District, Mr… Mr. Vorce is there a Core District on a map somewhere? That’s really all I want to know, for the moment. Holland: Yeah. Vorce: I think you would use the map by the Historic District Commission to define the Core… I don’t… MM: Okay… 97 Vorce: … know the exact title, but I believe that’s the one that… MM: That is the one. Okay… The Core District… no…um… Sure… as shown… on… the… Nantucket… Historic…District… Commission… map…Yes, Mr. Barnes? Sure… If you can get it away from Mrs. Holland. Barnes: With all due respect to Mrs. Holland… and to the sentiment of this… I submit that this is totally outside the scope of the article… as first presented. Therefore we cannot discuss it tonight. MM: And I would disagree with you. Barnes: Thank you, Madame Moderator. MM: Thank you. Okay… Mrs. Holland, is that your motion? Holland: That is, and I have one quick comment…We learn from… MM: Wait… is there a second? Holland: We learn… MM: Okay, motion made and seconded. Now, go ahead. Speaker:[off mike] Madame Moderator… Holland: We learned last night that… you can come back next year and change this. My hope is you remember, voters, that we are trying to keep the town business in the downtown, and I repeat I’m sorry we have the temporary move out to the Electric Company, and I’m hoping we will encourage the Town leaders to keep Town business downtown. Thank you. MM: Thank you. Mr. Mulcahy? Mulcahy: Thank you, Madame Moderator. Can I ask a question of Town Counsel through you? MM: Certainly. Mulcahy: In the past, when the Town acquired money from real estate sales, it was my understanding that it could not be specified for one specific project…I’ll give the example of some of the Surfside conveyances… that were targeted for the Boulevard. And we were told as a Finance Committee that we could not do that… Is this… would… my thought is, listening to this, that we are facing the same issue… That we cannot target a specific project. 98 MM: Let me ask… Mr. Kopelman? Kopelman: Through you, Madame Moderator, to the previous speaker… You can do it, although, as a practical matter, you have to come back before this Town Meeting anyway… to be able to purchase or to use the money, so it really makes it irrelevant. MM: Okay… You… Did you… Could you hear that? Okay. Great. Mulcahy: Thank you. MM: Okay… Anyone else on Mrs. Holland’s amendment…? Ms… Dutton… Dutton: Hello, Carol Dutton. I wonder if we should include the words… should be used for… improvement or expansion… so that we don’t end up buying filing cabinets.. MM: Okay…Well we didn’t specify… so… let’s see… so you’re suggestion…we didn’t specify whether it was creation, expansion, or otherwise… but I guess we could… Shall be used… Do you mind, Mrs. Holland? Okay. So, right in there…right between used for and Town… let’s say.. for the… creation… comma… improvement… comma… or renovation of… and then… let’s add an s at the end of spaces… thank you. Is that okay, Mrs. Dutton? Okay. Thank you, Mrs. Holland. Ms. Rogeveen? Rogeveen: You know, it’s important here, and I appreciate this, Linda, because I do share your sentiment, but to recognize I think what Town Counsel just noted, which is that…anytime we need to… spend…these dollars… it’s gotta come back here, anyway. SO it’s really not relevant necessarily to put this in. And I think it does a little bit more to tie our hands than I’m comfortable with, although I support the sentiment. MM: Thank you. Mr. Young… Young: Thank you, Madame Moderator. Harvey Young. I don’t think this amendment is a good idea. I don’t think we need it. And I think we should go ahead and move forward with selling the Mooney building and then putting the money in whatever pie we’ll put it in. The finance guys will know what to do with it. We’ll figure out what to do with it… and now…I think it’s great to keep offices in town, but I don’t think we need to do it with this amendment. I’d recommend…voting against the amendment. MM: Thank you. Ms. Benz. [End Side A] [Resume Side B] MM: [continued] I think Mr. Fronzuto’s coming up behind you… 99 Benz: I just have a quick question for… Ms. Rogeveen… When you say it comes back to Town Meeting for approval, would that be buries in Article Eight? Or would this be a special appropriation? MM: Ms. Rogeveen, do you want to answer that…? Rogeveen: My understanding is no, it’s not buried in the operating budget. It would be something distinct from that. It would be a Capitol Item… Yes, thank you very much. And we’d have to buy the property, too. So it’d be very clear, it would be distinct, it would be discussible here as an item all on it’s own. MM: Yes. Mr. Kelly. Kelly: The purpose of this article is to declare a piece of property as surplus, and to dispose of it in the most… appropriate way for the Town… Any… as others have said… any expenditure for other properties to renovate or expand would come through Article Twelve as a Capitol Expenditure at some future Town Meeting. MM: Thank you. So on Mrs. Holland’s amendment. Mr. Collier… Collier: Yeah, I was gonna hold my voice, but I think Mr. Mulcahy brought up a… a point that is… goes to a whole bunch of articles that we talked about. I have no problem with the article. I have no problem with the amendment, either. I do have a question, though, that, can this be now… if we do do these types of amendments, which in the future might be good, is this a means for restricting the money… in the budget? I mean, sure, it’s got to be appropriated, but that money, unless it’s appropriated for this cause, it’s always going to be there, once we sell this… Am I making any sense? MM: Yes. That’s the point. Yes. Collier: Okay. Again, I don’t have any problem with the article or the amendment, I just want to know that, if now this is the tool we’re gonna be using in the future. MM: I guess that remains to be seen. Okay. On Mrs. Holland’s amendment only. It requires a majority vote. A Yes vote will adopt the amendment. A No vote will defeat the amendment. All those in favor, please say Aye. Audience: [loud] Aye. MM: All those opposed, No? Audience: [very loud] No. MM: That amendment is not adopted. So, now we’re back on Article Ninety-Three, the motion made by the Finance Committee as printed in the Warrant… this does require a two-thirds vote… Is there any further discussion? Yes, Mr. Glowacki… 100 Glowacki: Thank you, Madame Moderator. And… for the first time at a Town Meeting that I can recall, I find myself wholeheartedly agreeing with the sentiment that was just made by the amendment that we just voted down… And as I’m looking at this article the way it is now, it seems to me that, if the property could be sold, the funds would now be in the General Fund… and they could just sort of be frittered away in Article Eight, little by little over time. And I’m wondering if, it’s the sentiment of Town Meeting, that we want to try to be sure that we’re…we’re gonna use this in an ironclad way for keeping offices in town, we could consider putting this in the… putting the proceeds into the Stabilization Fund, I believe, and that would take a two-thirds vote of Town Meeting to get the money out of the Stabilization Fund, and that would kind of save the money for what we want to use it for. So, I guess I’m looking for a little bit of guidance because I don’t know if it was the specific wording of the amendment that caused us to vote that down, or if it’s the sentiment, and if we want to be sure and save this money… MM: Okay, let me ask Ms. Gibson. Gibson: Thank you. Sales… proceeds from sales like this would not go to the Operating Budget… These are one time sources of funds … They might fall to Free Cash. Free Cash would then be used for capitol projects. We have a pretty strict policy of not using Free Cash for operating expenses, agreed to by the FinCom and the Board. MM: Mr. Glowaki, or Mr. DeCosta….Or one of you. Go to Mr. Glowaki for a follow up, and then we can go to Mr. DeCosta. Glowaki: Oh okay. Yeah. And I really don’t want to belabor it, or waste any time here, but I realize we have a strict policy for the use of Free Cash, having had a significant hand in drafting that policy and I don’t believe we followed the policy… this year. I think the Finance Committee has gone in sort of a different direction with the use of the Free Cash this year, and…I guess I’m concerned, I mean listening I’m inclined to putting an amendment on here to put the money in the Stabilization Fund. MM: So you’re making a motion that provided however that the net proceeds of such disposition shall be placed in the Stabilization Fund? Glowaki: I am. Thank you. MM: Is there a second? Okay. Let me call it… No, that’s good. Provided, however, that the net proceeds of any such disposition shall be… shall be placed in the Stabilization Fund. Yes… Yes… Yes… Thank you. Okay, on Mr. Glowaki’s amendment. Mr. Kelly? Kelly: We spend a lot of time looking at the stabilization fund, making sure there’s enough emergency resources for the Town… in case there’s some sort of really huge untoward event. We’ve faced a lot of financial challenges in the last couple years, and oftentimes people say well let’s dip into the Stabilization Fund. But it’s been the position 101 of the Finance Committee that the… the purpose of that fund is not just a rainy day fund, but it is hopefully never to be used, and we try to build it up. So when we go out and borrow money, the people that we get the money from say, Boy, this, this organization, this community’s in great shape because they’ve been building up their stabilization fund and they have very strict requirements on the use of Stabilization Fund money. So I would recommend that you not support this amendment. Once… I defer to Town Counsel, but there’s also some very strict requirements on how the money comes out of the Stabilization Fund, and I’m not sure that there would be the ability to take the money out, if you all decide you want to spend it on some… on some… building in the future. So I’d recommend that you not support this amendment. MM: Thank you. Mr. DeCosta. DeCosta: I’m not sure if I support this amendment or if I don’t support this amendment, but what I do support is that this money gets earmarked for improving or renovating or purchasing office space, and my concern is that if it goes into the Capitol Expenditure Fund, Capitol Expenditures are very broad… This money could eventually go to building roads somewhere, instead of building office space. So if we could put it into the Stabilization… excuse me Stabilization Fund and then it would… it would be there, and we went back to get this money for… specifically renovating the old police station or some other office space downtown… I think it would be a good amendment. I’m hearing from Mr. Kelly that that isn’t necessarily the case, so… maybe there’s some other way to do this, but, the Board’s… Boards change. The Board’s gonna change here in a week, and every board has a different priority. But maybe this board’s priority may not be the same priority a year from now. So I think the consensus here at Town Meeting is that, if we’re gonna sell this building, fine, but we want this money to go to office space downtown … for our Town offices, and somehow or another we should earmark this money for that purpose. MM: Ms. Benz, on the amendment. Benz: -- suggested. MM: I have no idea what you just said, if— Benz: okay, may we— MM: If you could stand up please, and identify yourself, and then say what you just said. Benz: Charity Benz. May we ask… Town Counsel, through you, Madame Moderator, how we can accomplish the goals that have just been stated, to earmark this money for that purpose? MM: Go ahead. Could you say that to them directly? 102 Speaker: [Town Counsel…Kopelman] Madame Chair, wasn’t there a previous motion to this to earmark the funds, and it failed— MM: Yes, it got defeated. Speaker: And it got defeated. So, the answer is, the next motion, which you now have before you, tries to do it through a different method. MM: I guess what they’re asking is, will this method succeed/ This method will not succeed… Speaker: No, that is correct. MM: Is there another method, other than the method we already voted down that would succeed? Speaker: No, it’s the method you voted down. MM: It was the method we already voted down. Speaker: What this does is it requires a two-thirds vote to get it out, according to General Laws. It’s two-thirds to put it in now, but you’re in a two-thirds article anyway. But if you want to take the money out it takes a two-thirds vote. MM: Yeah. In the Stabilization Fund… okay… Alright… So let me… Let me just explain what we… what was just said…The… Mrs. Holland’s motion… amendment… which was defeated… was the amendment that would have earmarked the funds in the way that… Ms. Benz and Mr. DeCosta are suggesting. Mr. Glowaki’s amendment, which is before us now, which is to put the money into the Stabilization Fund, doesn’t per say earmark the funds for a specific use, but does make the use of the funds more… It raises the bar, to use a popular term, to the use of the funds, in that it requires a two-thirds vote to get it out. And a two-thirds vote to put it in. There is no other…method, other than Mrs. Holland’s amendment, to achieve what we attempted to achieve with Mrs. Holland’s amendment. Ms. Stover… Did you vote against Mrs. Holland’s amendment? Okay, then you can’t… Mr. Barry? Barry: David Barry… While I’m completely sympathetic to the effort that’s a… being attempted with the amendment suggestions, it seems as though, in reality, it’s not necessarily a… a practical effort. At some point, the… the voting population of Nantucket has to put confidence in the boards and elected representatives that… represent us, and it seems… despite my agreement with Mr. DeCosta’s concerns about the changing nature of individuals representing the people of Nantucket, that we have to just accept that we cannot control every detail, and we have to put some trust and faith in the people that are representing, hopefully, our best interest. With that comment, I would suggest we… move to motion the article, if that’s the correct terminology? 103 MM: Oh, you want to move the question and go to vote on--? Barry: Yes. Move the question to vote on the original form of Article Ninety-Three… with no amendment present… Thank you… MM: Alright. I’m gonna go to Mr. Goodman, we’re gonna go to a vote on Mr. Glowaki’s amendment, and… Goodman: I voted against… Ms. Holland’s… a… proposition there, but I’m happy to pull that vote back, because— MM: -- and move to reconsider? Goodman: -- now, having seen what’s gone on here, it’s the better way to go… MM: Okay. Why don’t we do this, then? If you want to make a motion to reconsider a defeat of Mrs. Holland’s amendment— Goodman: Correct… MM: Let’s take a vote on Mr. Glowaki’s amendment first. Is there further discussion on Mr. Glowaki’s amendment? Okay. Mrs. Howard… Howard: My name… my name is Silvia Howard. My question is, if you put that money into the stabilization fund, you wouldn’t be able to get it out till next year. Doesn’t that building need to be renovated now to be occupied? I thought it was under such conditions that the police department had to move out? MM: I don’t think they can spend the money, no matter what, until next year anyway. Is that correct? Yeah. Could you…? Could one of you… grab the microphone and explain that? Atherton: Just another sort of comment on the… practical aspects here… The Board, really, I guess, the Town Manager, through the process of considering the capitol this year, initially we had a project before us for about two and a half million dollars, and the purpose of that was to renovate the old police station. The problem became clear that in moving… the number of people back downtown that we’d like to do, that we just didn’t have enough space. And so just to sort of share with you, there were two other proposals developed to help sort of consider the options. One was to rebuild the old police station and go halfway up Chestnut Street. That’s gonna cost about a total, let’s just use a number, around five million dollars. Or another option, to go all the way up to Federal Street, and that might cost eight and a half million dollars, or by the time we get there, nine million dollars. I think the Mooney building… I’m not an appraiser… I don’t know what it’s worth… but it’s not gonna cover… but a portion of any one of those projects, and as a practical matter, we can’t move out of the Mooney building until we’ve finished one or all of those projects. So, the money, by the time we actually dispose of the 104 building, it might be after that fact that we borrow… a substantial amount of money, so we can’t use it, literally, for construction… It could be dedicated to reducing the debt… that we’re probably gonna ask you to take as an override… to have those downtown offices renovated. So, in some ways, while all this is gonna make us feel better, I’m not sure it makes a practical sense of a way to accomplish the end. It’s far down the road, and, if you want to put it in, that’s fine… I don’t know if there’s any… real objection, but it’s just not a practical way to go. MM: Ms. Rogeveen? Rogeveen: Sorry, Whitely. Basically, if you’re looking at the picture and you’re committed to making sure that the office space stays downtown, to kind of add to what Rick said, this first amendment, Ms. Holland’s amendment, is not legally binding. A future Town Meeting can change it. Mr. Glowaki’s amendment raises the bar, and a future Town Meeting has to have two-thirds to make a difference. So ultimately, I would say Mr. Glowaki’s amendment is gonna get us… closer to the goal here. Thank you. MM: Mr. Rector? Rector: Thank you, Madame Moderator, I appreciate the…moment of time. I think Mr. Barry may have said that this really is almost just kind of boiling down to basic trust issues, of where everything’s going, and I think there’s a lot of sentiment that’s before us tonight. Maybe a thought here might be to get a sense of the meeting, maybe even do it as a nonbinding vote with what Mrs. Holland brought up… It at least sends a clear message I think both to the Board of Selectmen and the Finance Committee… Kind of what the Town really would like to see out of this. I see problems associated with just blindly adopting… because, for example, if it’s a million dollars, and it’s only going to cost seven hundred and fifty dollars… seven hundred and fifty thousand to renovate, now you’re stuck with two hundred and fifty to do with whatever, but it’s locked into that designated fund. So, just a thought that I’d like to throw out to you, just for consideration, to see if we could maybe do this as nonbinding and maybe send a message to people about what we really want to do here tonight. MM: Okay. Mr. DeCosta, on Mr. Glowaki’s amendment? No. Okay. So let’s take a vote on Mr. Glowaki’s amendment, before I lose track of it…And that amendment is what is shown in yellow here at the end of the motion. Provided, however, that the net proceeds of any such disposition shall be placed in the Stabilization Fund…A yes vote will adopt that amendment. A no vote will defeat the amendment. All those in favor, say Aye. Audience: [soft] Aye. MM: Those opposed, no? Audience: [loud] No. 105 MM: That amendment does not carry. Okay. Mr. Goodman, did you want to move your motion to reconsider Mrs. Holland’s amendment? Okay. Is there a second? Okay. Motion is made and seconded. On the motion to reconsider, Mr. DeCosta? Okay, do you want to… Mr. Goodman: I just want to say one thing. MM: You need to hold that up just a little bit. Goodman: Sorry. Uh, one thing that was said earlier was that we need to at some point trust our boards, and to be honest, I know all the people on these boards, but I don’t always trust them. And.. or, the way they’ll vote… I should put it that way. And, I do trust… Libby… Libby’s assessment of what we need to do. And I agree with that to begin with, that we need to keep the Town offices downtown, and if we can find a way to do this, and it appears to pass muster with Town Counsel, this is the way to go. MM: Thank you. Okay. So. Mr. Goodman has made a motion to reconsider the vote on Mrs. Holland’s amendment… It requires a majority vote. A yes vote will adopt the motion to reconsider, and then we’ll go back to discussing Mrs. Holland’s amendment. A No vote will defeat the motion to reconsider, and we’ll be back on the Finance Committee’s motion as printed in the Warrant. All those in favor of Mr. Goodman’s amendment, please say Aye. I mean, motion. Sorry. Let’s so that again. All those in favor of Mr. Goodman’s motion to reconsider the vote on Mrs. Holland’s amendment, please say Aye. Audience: [medium] Aye. MM: Those opposed, no. Audience: [loud] No. MM: Okay. That does not carry. So now we are… You’re moving the question? On the main.. on the motion. Alright. We’ll just go to a vote on the motion. We’ll just do that. Okay. So now we’re gonna vote on the Finance Committee’s motion on Article Ninety-Three, as printed in the Warrant, as made by Mr. Kelly. It does require a two- thirds vote. A Yes vote will adopt the motion. A No vote defeats the motion. All those in favor please say Aye. Audience: [loud] Aye. MM: Those opposed, No? Audience: [silent] MM: That motion carries by a declared two-thirds vote. And I thought tonight was going to be easy. Let’s see… Article Ninety-Four was withdrawn. So we’re going to 106 Article Ninety-Seven. Article…Ninety-Seven… starts on page one-twenty-one. It has a positive Finance Committee motion. It continues to page one-twenty-two… I ask for your unanimous consent to waive the reading. Thank you. And recognize Mr. Kelly for the purpose of making that motion. Is there a second? Mr. Barreta, you have an amendment… that you wish to propose? Okay. And MR. Barreta’s amendment is… to strike the following language… follows as Parcel One known as Myer’s Valley and as shown on Assessor’s Map Fifty-Four, Parcels Forty-Five and Forty-Six and Parcel Two known as… So that it reads… a portion of the Town owned property described as North Pasture and as shown on Assessor’s Map Fifty-Four, Parcel Ninety-Four Point One…? Baretta: That is correct. MM: Okay. Is there a second? Motion is made and seconded. Mr. Barreta. Barreta: The reason why I asked for this amendment is very simple. We’re asking to put these solar rays directly on top of our well head, for our aquifer. There is really no plans that have been discussed here as to how they’re gonna be built, if they’re gonna strip the land over our wellheads… There’s a… I’m sorry. This is the first time ever speaking at Town Meeting. There’s no discussion as to what the total size of disturbed area’s gonna be… And the fact that we could risk contamination of our aquifer by construction equipment being on the wellhead… or any accident that could happen in the future… because this lease is twenty-five years. I don’t think it’s wise that we should be risking our sole aquifer for a solar ray. I’m not against green energy. I just don’t believe this is the location for it for the island. We’ve approved the water treatment plant, and we’ve approved it for the airport. It’s not a fact of the green energy part. It’s just the location. If you look at that map… where that brown… those brown… line is… those are the driveways to the wellheads for our aquifer. That’s a very close proximity to our wellheads. As I said, we don’t have any plans as to how they’re gonna do it. Are they gonna strip the vegetation and bring it down to the sand? If they do that, they’re removing the grass vegetation that kinda acts like a bio-filter for the recharge. Alan Reinhard has said that we have one of the best water’s around. Everyone that comes here says that we have the best water. All I’m askin’ is we reconsider putting this on top of our wellheads and risking… some… accident or anything to our water supply. It’s our only water supply that we have. Thank you. MM: Thank you. Mr. Chadwick? Chadwick: These frames to the solar array are placed on the ground. The wires are placed on the ground. There is no equipment used to get these frames to the property, I mean, maybe a pick-up truck to bring it to the individual spots… On top of that, this is a permitted project, so this will have to be passed by the state as far as permits is concerned. MM: Thank you. Mr. Gardner. 107 Gardner: Thank you. First, let’s look at the most of the article itself, which gives the right of the Nantucket Water Commission the right to enter into a long term lease for the purpose of placing the solar panels. The Water Commission… has put together, along with the consultant and the staff, have put together and RPF that will got out… It’s been reviewed by Town Counsel… For this project. As Mr. Chadwick said, the only excavation, if you’ll call it that, would be the trenching to lay electrical lines. Believe me, there’s no one in this room that lives with water supply more than I do day in day out. Water quality and the need to protect that. And if there was even an inkling that this project would create an issue with water quality, we wouldn’t even be talking tonight. But we’ve taken a lot of means, and a lot of time, and a lot of study, to look at this particular project. And the financial benefits are… can be considerable… And… the need to protect the water supply is addressed, as was pointed out on the map… Both of those areas are within at least all or partially in, particularly the one around the pump station, in an area that’s known as a Zone One… That’s two hundred and fifty feet around that, eighty-eight tubular well field, whereas the parcel, in the hatch lines on the right… most of that is in the Zone One… which is a four hundred foot radius around our Deep Well Number Twelve… Before anything can happen in that, the staff of Wannacomet Water Company and its consultants have to be satisfied there is not a risk to the water supply. Then it goes to the DED. You can’t build anything in a Zone One without a DEP write-off. And… I’ve never known ‘em to be real.. real lenient on water supply. There is established drinking water policy that… will govern what happens within that… Zone One… So if your concern is water supply, and protecting the quality, believe me, there’s… we are taking care of that. I think our track record is pretty good in that regard, and we’re gonna try to keep it that—we are gonna keep it that way, so… I ask you to… defeat the amendment, and then vote positively for the main motion. Thank you. MM: Thank you. On the amendment. Ms. Benz… Benz: Charity Benz. I wanted to ask about the distance between Milestone Road and that proposed location… How far it is, and whether there will be a visual buffer with Milestone Road… And I’d also like to point out that… Mr. Gardner, with all due respect, I live on Milestone Crossing… I personally asked you if I would see the water tower from my property, you said absolutely not. When I go up to my studio every morning, it says, Good morning, Charity. It’s looking right at me, and its little red light is blinking at me. MM: Mr… Yes. Mr. Benchley… channeling through Mr. LaFarge, I think. Speaker: Well we’re, we’re from the same town, I guess. Rob Benchley, and I’m speaking as a commissioner of the Siasconset Water Commission Water Department, and I just wanted to answer, if I may, through you, Madame Moderator, Mrs. Benz question about visibility. If you look on your Warrant it says Wyers Valley, and that’s a pretty significant depression off Milestone Road. And I’d like to reiterate Mr. Gardner’s thoughts about environmental protection. They are really particular, and so anything that would get proposed would have to get their.. not only stamp of approval, but golden seal, 108 so… and nothing… I don’t believe anything in this proposal would generate anything that would be harmful to the aquifer. Thank you. MM: Thank you. Okay. So on…just on the amendment, which is to strike the Wyers Valley piece from the main motion… it does require a majority vote. A Yes vote will adopt the amendment. A No vote will defeat the amendment. All those in favor please say Aye. Audience: [very soft] Aye. MM: Those opposed, No? Audience: [loud] No. MM: The amendment does not carry. On the main motion… Okay. This is a long term lease authorization, so it re quires a two-thirds vote. A Yes vote will defeat… a Yes vote will adopt the motion. It will be as printed in the Warrant, as moved by Mr. Kelly. A No vote will defeat that motion. All those in favor of the motion, please say Aye. Audience: [loud] Aye. MM: Those opposed, No? Audience: That motion is adopted unanimously. … Okay… so… now we are going to… One-O-Five was withdrawn, so we’re going to Article One-O-Six… Article One-O-Six appears on page one-thirty-six…The Finance Committee’s motion is as printed in the Warrant. I ask for your unanimous consent to waive the reading. Thank you. Mr. Kelly, is that your motion? Kelly: So moved, Madame Moderator. MM: Is there a second? Motion is made and seconded. I believe this was called by Mr. Barreta…. Barreta: Tom—Thomas Barreta… I just called this article just to make sure that we— MM: If you could hold the mike up. Barreta: Sorry. I called this article just to make sure that we would have access to the Bluff Walk. Anne’s Lane is a road. If we show the other map, that… the topographical map I believe… That’s the red, the red outline there is the extension of Anne’s Lane… That’s where the Bluff Walk access point is. I believe there’s discussion with the Planning Board to try to move it down the street… south… as the map goes, south. There’s discussion regarding that, to try to move it somewhere on those three lots. My concern is that Anne’s Lane is a road, it’s an actual road, and it’s an actual right of way. I would prefer to try to keep it in that location. I think it’s more appropriate because it’s 109 Anne’s Lane. It’s been proposed that it would be somewhere within those three lots… would be the access… My main concern is that there will be access in the Bluff Walk, to get to the Bluff Walk. That was the original intent to call this article, was for access… and from talking with Mr. Vorce, they’re talking about moving it somewhere. I just want to make sure it’s done. I think the appropriate place would be where the red lines are, because it is an intersection of the road, so therefore it would be easier for people to find. MM: Thank you. Alright. I want to go back to the motion, because I think I misled you, when we made the motion… I forgot about the technical amendment that we read into the record at the beginning of the meeting. So, the motion of the Finance Committee is what’s shown on the screen, which is what’s printed in the Warrant, with the changes in yellow, which provides for the reservation of a six foot pedestrian easement connecting Baxter Road to land owned by the Town of Nantucket, containing the Siasconset Bluff Walk… or all of the way opposite of Anne’s Lane provided that a six foot pedestrian easement connecting Baxter Road to land owned by the Town is provided an alternative location within Assessor’s Map Forty-Nine, Parcels Eleven, Twelve, Thirteen and Fourteen. Excuse me? Okay. Let’s go back to the map… I have no idea, so you’re going to have to tell me. Am I there yet? So which one is that? Alright, so this is one, this is one of the parcels. This is… one of the parcels, an d this is the other parcel, and then this one. Okay. Here, here, here, or here… [pause] Yes, so with the amendment… with the motion that the Finance Committee’s making… it either is…within Anne’s Lane, or it’s six feet on either this parcel, this parcel, or this parcel… or this one… Okay. Mr. Benchley… Benchley: Rob Benchley. This time in the capacity as a member of a work group that worked throughout the late summer, most of the fall and early winter on the Siasconset Bluff Advisory Committee to the Roads and Rights of Way Committee in the Town of Nantucket…and we were… formed to address this…very issue, which included the entire Bluff path and all the paper roads existing or not from Baxter Road to the foot path. So a lot of that work has been done, and this is really the first time I’ve heard about moving that access from Anne’s Lane to the foot path, and I don’t… I don’t get it. That foot path has been there, as we know, for a long time, and so has that particular access. And so many of these issues have been addressed. We made a formal presentation to the Board of Selectmen in the late fall which was accepted, and I would ask you to defeat this amendment, because many of these issues have already been addressed, and a lot of people have spent a lot of time working on it. Thank you. MM: Okay. Wait. Benchley: Yes. MM: I think what you would like to do is you would like to strike the language in yellow and put the article back to the way it was in the Warrant, because… 110 Benchley: Well, I think so, because, as a committee member, this is the first time I’ve heard of it, and I think some of these things have already been addressed. I mean that way, yeah, see… MM: Maybe I should go… Benchley: Maybe we… maybe I’m just talking to the issue and maybe not suggesting we strike… MM: Okay. Why don’t I let somebody explain what the purpose of… the amended motion is… and if you feel you want to amend it once I’ve done that, you can…and then I’ll get some discussion on the motion. Mr. Vorce, do you want to explain the… the purpose? Vorce: Thank you, Madame Moderator. When Mr. Baretta came in to talk to me today, his concern was that the article said that the… I’m trying to find the language… that the selectmen may grant a path…may grant an access…and what he had asked for was that there be a specific… that there will be an access…So the amendment… the language that I gave was in response to what he was asking for… So if we read down… a six foot easement connecting Baxter Road to land owned by the Town of Nantucket and containing the Siasconset Bluff Walk… that would be the land within what is the Anne’s Lane portion of it. The next section is that the Selectmen could convey the land that ‘s within the Anne’s Lane if… an alternative location was proposed. So, the intent of this language is to say that the Board of Selectmen can’t convey land unless it complies with one of those conditions. MM: Okay, So without the yellow language, the Board of Selectmen could potentially convey all the land without any footpath or access at all, even though that isn’t the intent of what they’re going to do. Vorce: Correct. They… they could, and I have no reason to believe that they would do that considering their votes on the other issues and certainly their track record…on this… but this does make it tighter. MM: So Mr. Baretta’s… the language that was put in at Mr. Barreta’s request in the yellow… provides that they must make some provision for a foot path upon the disposition of the land either within Anne’s Lane or something six feet wide on one of those other four parcels. Vorce: That’s correct. MM: Okay… So if we did what Mr. Benchley was suggesting, which was to go back to the original language, we’d have no guarantee… other than what the… the intent of the Selectmen, that there would be a foot path. If we keep this language in, there’ll be a foot path, but we just don’t know exactly where it will be. 111 Vorce: Correct. MM: Okay. Mr. Holland? And then I’ll go to you, Mr. Kuster. Holland: Chris Holland, Madame Moderator. I’m getting just a little used to this, cause it’s the first time I’ve seen it, anyway, and what it seems is that what the Study Committee came up with and what’s happening are two different things. I’d like to suggest that if… if you’re taking the talk that you had before as an amendment? MM: No. This… this motion here with the yellow is the current motion that’s before us. Holland: But that’s a motion that just appeared, as far as I know. MM: Correct. Holland: So I’m seeing it for the first time. I’d like to eliminate it. I’d like to…or better yet, I’d like to simply specify that a six foot pedestrian easement connecting Baxter road to land owned by the Town of Nantucket… and containing the Siasconset Bluff Walk… be…everything else be eliminated. No option on different lots… MM: Okay. So Mr. Holland’s making an amendment to the motion that would eliminate everything in yellow after parcel nine… so that… yeah… so that it says… reserving a six foot pedestrian easement connecting Baxter Road to land owned by the Town of Nantucket and containing the Siasconet Bluff Walk. Is that correct? That’s what it does, right, Mr. Vorce? Keep—that keeps it all within Anne’s Lane. Okay. And then.. you have to go… I think…Do we have to put the all/or back in? No. Any portion. Is that your motion, Mr. Holland? Okay, and is there a second? On Mr. Holland’s amendment… Mr. Reade… Reade: I’m attorney Arthur Reade, and I represent the owner of the properties on each side of the way, which is sometimes referred to as… Anne’s Lane extension, although there’s nothing on record that calls it that. MM: So this parcel, and this parcel. Reade: Yes. Both belong to the Sorrows Family Trust, which I represent. MM: Okay. Alright. Reade: Last year, the inclusion of Anne’s Lane in the list of roads… MM: Okay. I can’t hear you. So you’re gonna have to hold the microphone up. Reade: Okay. Last year Anne’s Lane was taken off the list of the paper streets running between Baxter Road and the footpath… because of concerns that we had at that time. And we had agreed to meet with the…Selectmen or representatives of the Town in order 112 to discuss… a resolution to the situation… such meetings did take place. We’ve made progress. We’re not there yet… We’ve come up with a number of ideas back and forth in terms of how it would be handled. The reason that we specifically wanted it not to be voted last year… And again, Article One-O-Five is effectively taken care of putting that back into the… list of the ways that the Town is authorized to… take and eliminate… was the fact that it is a way between two parcels in common ownership of the same family… and in some other situations like that the Town did not proceed to… take the paper streets.. because of the obvious… damage that it would have to the… adjacent property owners… We want to work with the Town… we’re trying to find a way to do it. We’ve had some discussions… We’ve had.., even this week… some further conversations with several.. several people about it. I would ask you to…defeat this amendment… leave the language in the…original amendment tonight… or amended motion of the Finance Committee tonight. The full language in yellow with no and with no strikeouts… which gives the Town, gives the Selectmen, gives the Planning… Department… more flexibility in terms of… dealing with these issues…and working out a resolution that will result in… minimal damage to my clients… and therefore, frankly, minimal exposure to the Town… in terms of damage awards. Thank you. MM: Thank you. On the amendment, Mr. Reinhard? [tape side B ends] [Tape Two, Side A resumes] Reinhard: -- on the ground where none currently exists. By putting this language back into the amendment we’re making it much more difficult to negotiate with the owners… as far as actually putting a path on the ground. I would urge you to defeat the amendment, and then pass the… original Finance Committee motion here. Thank you. So, on the amendment… Mr. Donato… If that is the intent, as Alan says, then I’m comfortable with this, but it seems to me what we’re doing is we’re… putting this in so the Town can dispose of it… and then I… the only people I see that would want to by that…is the person that Mr. Reade’s representing, and if that works in our favor…okay, but it doesn’t sound quite right to me. MM: Mr. Atherton? Atherton: Yeah… just to comment here… in a sense, to respond to that point, each of these ways… excuse me… is… is likely to have a taking wider than we intend to end up leasing the property back. So…in each case there’s likely to be a… what Andrew would call a Yard Sale… of some amount of property back from our taking to the parties on either side...and that’s no different in this case.. So that, I don’t think it’s a significant difference here whether or not we allow the path from Baxter Road to the footpath to exist on specifically in the Ann’s Lane way… or on one of those adjacent lots… We’re gonna end up with a six foot… permanent lease from Baxter Road to the path, and that’s what we want. And I think the flexibility to work that out in this case is important. You’ll note another part of this article of disposition talks about the property between the 113 current property line, and the path. It originally was giving the Board the authority to transfer the fee of that land… The fee is no longer involved… The Board would have the authority to lease that section of land… but the intent surely would be to get something in return… like maintenance… and other… aspects that I think will benefit the Town in the long run. The important thing to me in that discussion was, we are not talking about transferring that property and fee. MM: Thank you. So, on the amendment…Mr. Cohen? [inaudible off mike] Okay. I think we can just go to a vote… on the amendment. So what we’re voting on is Mr. Holland’s amendment… Mr. Holland’s amendment would strike the portion in yellow starting with…or all of a way… and ending down with Parcels Eleven, Twelve, Thirteen, and Fourteen… Now sort of highlighted in green-ish. It does require a majority vote. All those in favor of the amendment, please say, Aye. Audience: [soft] Aye. MM: Those opposed, No? Audience:[loud] No. MM: The amendment does not carry. Okay. So now we’re back on the Finance Committee’s motion, which is what is here. It’s what’s printed in the Warrant, with the addition of the language in yellow. Is there any further discussion on this motion? Mr. Reade…. Reade: I originally intended to… question this article, and pose it, as well as the previous article… at the time that I called it… I’m now satisfied…didn’t recall Article… One-o- Five…and… now support this article. I think it’s an appropriate article, and my clients are prepared to continue to work with the Town… and attempt to have an amicable resolution to this situation… that’ll be in everyone’s best interest. thank you. MM: Thank you. Okay. So… Mr. Collier? Collier: Madame Mod… Thank you, Madame Moderator… Can you… pull up the map for me, real quick? Um… Mr. Atherton touched on it very briefly, but we sort of have skipped over the second half of One-o-Six… And I have a question… in regards to the area in green. The area in green is… I guess we’re asking Town Meeting to… allow the Board of Selectmen to…sell, convey, or otherwise dispose of interest, including the fee interest, of that area in green… Clearly the three… lot… owners have encroached upon Town owned land… with their backyard… And I’m just wondering… why we’re going out of our way to give them the ability to … have their backyard there. I wasn’t part of this discussion… If there’s an easy answer to it… And what exactly are the… if we’re not giving up the fee interests, what exactly interests are we giving… up… are we giving basically up an interest that will allow the… homeowner to continue to mow their lawn back there… 114 MM: I’ll tell you what was told to me, and then I’ll let someone speak on it… This piece is a gap between the homeowner’s land and the bluff path…that would be either… licensed… or leased…or in some way other than a fee interest…given to the abutting landowners in exchange for whatever consideration the Town decides to … extract in its negotiations. I don’t know if there’s a more full explanation… Brian, do you want to… Chadwick: The main purpose of all these articles specific to the Sconset Bluff Walk is to gain and maintain in perpetuity access to the bluff… walk… and do it in a fashion that benefits not only the inhabitants of the Town of Nantucket and our visitors, but also the property owners and their concerns. This was put in there in an attempt to… use a negotiating tool…to benefit both the Town and the property owner… Yes, it does… cross… the path does… I’m sorry… yes, it…the property does look like its encroached upon, and that is something that we can use actually to our benefit in negotiating access by either Ann’s Lane or one of the other options available. MM: Thank you. Okay. Ms. Dutton… Dutton: The subcommittee that was formed by the Roads and Right of Way Committee…its sole intent was to provide access along paper roads, etcetera…to the Bluff Walk… Were any of these property owners or their representatives who have encroached on Town owned land, at any of these meetings to discuss a compromise? MM: Mr. Chadwick? Chadwick: One… once again, when negotiations are started with property owners that abut either side of the ways that were authorized taken last year, that will be an issue that will be raised, as well as the stairs to the beach and licensing of those stairs and ways… Dutton: I don’t understand— MM: Excuse me… We’re not gonna have a back-and-forth…Help me… Are you finished, Mr. Chadwick? Chadwick: I can explain. MM: Okay. Go ahead… Mr. Chadwick… Chadwick: Once again, when negotiations are started with those folks, it will be a two- way street, and in order to get access without any liability to the Town, it will be agreed upon, we’ll be discussing the encroachments, and the ways and how they will be either sold to property owners or leased back tot the property owners. Very similar to what was done up on Lincoln Circle… MM: Thank you. Did you have a follow up? Dutton: I’m not sure that that answers the question. 115 MM: Okay. Dutton: Which is…I believe the subcommittee, which was dealing with access to the Bluff Walk, sat…for at least… a very faithful, hard working four or five months… So the question is, during that period, did any of the property owners who have encroached on town land already, or their representatives, go to the subcommittee? MM: I think the issue…question is… the reason that it isn’t being answered is that it’s confusing, but I think what you’re asking is, did property owners go to the subcommittee to negotiate property rights? Or encroachments with the subcommittee? The subcommittee wasn’t empowered to negotiate with the Town, that’s done through the Selectmen… Dutton: Right, I understand that. But it would have been informative for the subcommittee… would it have been informative for the subcommittee… And then the Roads and Right of Way, who presented their report to the Board of Selectmen to have had input from these abutters and/or their representatives… It’s not.. It has nothing to do with negotiation… of course… So that’s the question I need answered. MM: Okay. So I think what she’s asking is, were the property owners called before the subcommittee? Chadwick: To answer that, in a word, No. There was no discussion that I’m aware of between the property owners and the subcommittee about encroachments by either the Town, on property owned by the abutters, or property owned by the Town that was encroached upon by the property owners. MM: Thank you. Dutton: Madame Chair, one more question. MM: And then I’m going to go to someone else because I want to hear from other people. Thank you. Go ahead. Dutton: Were the property owners that were encroaching, were they aware of… I don’t think they needed to be called, but I was wondering if they were aware there was a working subcommittee… I mean that they could have called… MM: Would… would… Maybe Mr. Reinhard, would you explain what actions were taken by the subcommittee with respect to abutters and their rights? Reinhard: Thanks, Madame Moderator. I’d be happy to explain. This is a good Warrant article that’s before us here. Yes, the abutters to the Sconset foot path were invited to attend. There were several meetings that were held in Sconset during the summer, when residents were there, residents along the bluff… There… in terms of discussion of 116 encroachments, I… I’m not sure just how the nature of those discussions went… However we were very clear about the public way…that exists as the foot path in Sconset. It is a public way… there’s no question. The committee spent a great deal of time dealing with access issues… Now this particular property is… or properties that are in question here, have been one of the most difficult properties, because of maintenance along the path, there’ve been other issues with encroachment. SO, this particular negotiation with these property owners has been official. As I said before, it will put on the ground a way to access the path from Baxter Road… and it will also deal with maintenance issues… which have been a key part in this particular section…So, I strongly urge you to support this…article… This is going to go a long way toward getting access to the Bluff Path in Sconset. MM: Thank you… Hang on… Mr. Benchley, did you want to follow up? Okay… Mr. Vorce? Vorce: I call the question. MM: Okay. I think we’re probably ready for a vote. Was there anyone who had any new information they wanted toad? Oh, Mr. Kuster, go ahead…You had your hand up for quite a while… Kuster: Kevin Kuster…This is probably over… This is probably over my pay grade, but, on the red box…that’s in there… is that Town property? It’s not? MM: No. It will be, if it’s taken under the authorization granted by article One-O-Five. Kuster: Okay. That answers my question. Thank you. MM: Okay. So. Let’s take a vote on the motion on Article One-O-Six…It does require a two-thirds vote… The motion before you is as on the screen, including the language in yellow… A Yes vote will adopt this motion. A No vote will defeat the motion. All those in favor, say Aye. Audience: [loud} Aye. MM: Thos opposed, No? Audience: [silent] That motion is adopted by a declared two-thirds vote…Okay, and lastly… but not leastly, Article One-Eleven…which is on page one-forty-two, and continues to one-forty-three… The Finance Committee’s motion was… the subject of a technical amendment that I read into the record earlier… that deleted certain parcels… Those now shown on the screen… I ask for your unanimous consent to waive the reading of that motion, and recognize Mr. Kelly for the purpose of making the motion… Kelly: So moved, Madame Moderator. 117 MM: Is there a second?.. Motion is made and seconded. Mr. Barretta? Barretta: Thomas Barretta. I called this article. There’s another map for the left side of Runway Six… That little… triangular shaped property. The amendment… does that is…is that listed in the amendment with a conservation restriction? Because there’s no… article number on that parcel, so that I… and I think the majority of us, can’t tell if it’s listed there… MM: Okay. Mr. Vorce? Vorce: Madame Moderator, that parcel is Map Seventy-Nine, Parcel Thirteen…And the amended language, if we could go back… MM: Okay… Could you go back to that? It’s the one that has the… provided the conservation restriction has been placed on the property protecting its Open Space value… Vorce: Right. Which is the exact same language in another article, One-Ten. MM: Okay. Vorce: So this is exactly what we talked about… MM: Alright. Does that answer your question, Mr. Barretta? Okay. Is there anything further on this…article? Okay. Well, before I take a vote, we have one final motion and vote to make at the meeting to capture any of the remaining uncalled articles. It will require a two-thirds vote. No. And we also… I think the Town Clerk has a door prize drawing she wants to do for anyone who hangs in long enough to win… So… we will go to a vote on the motion on Article One-Eleven. Motion is as printed in the Warrant with the technical amendments read in and shown in yellow. A Yes vote will adopt that motion. A No vote will defeat the motion. It does require a two-thirds vote. All those in favor, please say Aye. Audience: [loud] Aye. MM: Those opposed, No? Audience: [silent] MM: That motion is adopted… unanimously… Okay… So now I would recognize Mr. Kelly for the purpose of making the following motion… Moved that the following articles be voted as recommended and/or amended by the Finance Committee, or as recommended and/or amended by the Planning Board, as printed in the Finance Committee report… with technical amendments brought forward during the course of the meeting… Ninety-two… Ninety-Four…One-O-Five…and One-Fourteen…Is that your motion, Mr. Kelly? 118 Kelly: So moved, Madame Moderator. MM: Is there a second? Motion is made and seconded… All those in favor, please say Aye. Audience: [loud] Aye. MM: Any opposed? Audience: [silent] That motion is adopted unanimously… Now, I’m going to let Ms. Roggeveen make a final motion, and then I’ll let…Ms. Stover do her… drawing… and then I’m going to go home… Rogeveen: I’m going to ask Selectmen Chadwick to make this motion. Chadwick: Motion to adjourn. [Laughter, applause.] MM: Thank you. Thank you, Mr. Chadwick. We will… we will miss you. Is there a second to Mr. Chadwick’s motion? Okay. All those in favor. Audience: [loud] Aye. MM: That’s unanimous. Thank you very much. Ms. Stover, you can… you can call out some numbers if you want, before people escape… Stover: There white tickets… So even though… even though Brian has one…I’m going to let him draw anyway… MM: And while we’re doing this I just want to mention that there’s an incredible list of all the people who help in this meeting, and I can’t thank all of them enough for all of their hard work. All of the tellers, and the check-in people, and… the constables… and all the town Boards and officials that make this meeting…possible… there’s a whole lot of work that goes into it, including what Mary and Al Nevisimo do behind the… behind the curtain, which is really an amazing amount of work. [Applause…] Stover: So if I can have the lovely Vanna White that’s over there… Could you go get one of the prizes for me? Yea… The first one we’ll do is a candle…two-four-zero-six-two- five…Six-two-five are the last numbers…Up…okay… Give it to Ms. Soverino… Okay… The next prize is… [tape ends] End of transcript. 119 : 120 121 TOWN OF NANTUCKET 2011 Annual Town Meeting Monday, April 4, 2011 6:00 pm Nantucket High School Page i Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7255 www.nantucket-ma.gov BOARD OF SELECTMEN Patricia Roggeveen, Chairman Whitey Willauer, Vice-Chairman Rick Atherton Brian Chadwick Michael Kopko FINANCE COMMITTEE James R. Kelly, Chairman Matthew T. Mulcahy, Vice-Chairman Christopher J. Kickham Stephen McCluskey Peter Morrison Timothy M. Soverino John Tiffany Clifford Williams Doug Unruh PLANNING BOARD Barry G. Rector, Chairman Sylvia Howard Nathaniel Lowell John McLaughlin Linda Williams MODERATOR Sarah F. Alger Cover photo courtesy of Christopher Kickham Page ii Town of Nantucket 2011 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 PRINT VERSION OF THIS DOCUMENT, PLEASE CONTACT THE TOWN MANAGER’S OFFICE AT (508) 228-7255 Page iii Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2011 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Receipt of Reports 1 2 Appropriation: Unpaid Bills 1 3 Appropriation: Prior Year Articles 2 4 Revolving Accounts: Annual Authorization 2 5 Appropriation: Reserve Fund 3 6 Fiscal Year 2011 Budget Transfers 4 7 Personnel Compensation Plans for Fiscal Year 2012 4 8 Appropriation: Fiscal Year 2012 General Fund Operating Budget 7 9 Appropriation: Health and Human Services 10 10 Appropriation: General Fund Capital Expenditures 11 11 Appropriation: Enterprise Funds Operations 13 12 Appropriation: Enterprise Funds Capital Expenditures 14 13 Enterprise Funds: Fiscal Year 2011 Budget Transfers 15 14 Appropriation: Waterways Improvement Fund 16 15 Appropriation: Ambulance Reserve Fund 16 16 Appropriation: County Assessment 17 17 Appropriation: Finalizing Fiscal Year 2012 County Budget 17 18 Rescind Unused Borrowing Authority 18 19 Appropriation: Ferry Embarkation Fee 18 20 Appropriation: Collective Bargaining Agreement/Our Island Home 19 21 Appropriation: Collective Bargaining Agreement/Fire 19 22 Appropriation: Collective Bargaining Agreement/Airport 20 23 Appropriation: Collective Bargaining Agreement/Wannacomet Water 20 24 Appropriation: Collective Bargaining Agreement/DPW 21 25 Appropriation: Collective Bargaining Agreement/Police - Superior Officers 21 26 Appropriation: Collective Bargaining Agreement/Police - Patrol Officers 22 27 Fiscal Year 2010 Budget Transfers: Community Preservation Committee/ Beaugrand 22 28 Appropriation: Community Preservation Committee/Beaugrand 23 29 Fiscal Year 2012 Budget Transfers: Community Preservation Committee 27 30 Appropriation: Community Preservation Committee 28 31 Home Rule Petition: Expansion of Room Occupancy Tax to Seasonal Vacation Rentals 29 32 Appropriation: Septic System Repair Financing Program 32 Page iv Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2011 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 33 Appropriation: Sewer Capital Debt Repayment/Soverino 33 34 Appropriation: Retroactive Military Payment/Wilson 33 35 Appropriation: Construction and Roadway Taking Costs for Surfside Area Roads/ Magee 34 36 Appropriation and Authorization for Road Layouts and Takings/Magee 35 37 Layout of Miller Lane/Bunting 35 38 Appropriation: Plan and Construction of Tom Nevers Bike Path/Bartlett 36 39 Appropriation: Mosquito Control/Stott 36 40 Appropriation: Municipal Grant Writer/Stover 37 41 Legal Costs Reimbursement/Stover 37 42 Proprietors of the Common and Undivided Land of the Islands of Nantucket/Trust of Henry Coffin: Trustees/Stover 38 43 Nantucket Memorial Airport Revenue/Williams 38 44 Real Estate: Expansion of Purpose on Landfill Site 38 45 Appropriation: Construction of Wind Turbine(s) on Landfill Site 39 46 Zoning Bylaw Amendment: Wind Energy Overlay District 40 47 Sewer Map Change and Zoning Map Change: Island Lumber - RC-2 to VN and VR 43 48 Zoning Map Change: Surfside Road - RC-2 to CN and R-5 45 49 Zoning Map Change: Miacomet Avenue 46 50 Zoning Map Change: Fairgrounds and Rugged Road 47 51 Zoning Map Change: Surfside - Nobadeer Avenue, Surfside Road, Weweeder Avenue, Atlantic Avenue, and Masaquet Avenue 48 52 Zoning Map Change: Hummock Pond 49 53 Zoning Map Change: Split Zoning District Correction - Wauwinet/Squam/ McKechnie 51 54 Zoning Map Change: Bartlett Road/Walsh 52 55 Zoning Map Change: Howard, Gardner, Main Streets/Hanley 52 56 Zoning Change: Swift Rock Road – LUG-2 to LUG-1/Bamber 53 57 Zoning Change: First Way, Backus Lane, Allen's Way, Third, Fourth and Fifth Way - R-10 to R-1/Valero 54 58 Zoning Bylaw Amendment: Swimming Pools 56 59 Zoning Bylaw Amendment: Parking Structures/Sanders 60 60 Zoning Bylaw Amendment: Lot Area/Collier 61 61 Zoning Bylaw Amendment: Accessory Use - VTEC 62 62 Zoning Bylaw Amendment: VTEC/Johnson 63 Page v Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2011 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 63 Zoning Bylaw Amendment: Secondary Lots 63 64 Zoning Bylaw Amendment: Technical Corrections/Miscellaneous 67 65 Bylaw Amendment: Management of Coastal Properties Owned by Town/Reade 79 66 Bylaw Amendment: Committees/Capital Program Committee 79 67 Bylaw Amendment: Committees/Finance Committee 82 68 Bylaw Amendment: Council for Human Services/Board of Selectmen 83 69 Bylaw Amendment: Council for Human Services/Wawro 85 70 Bylaw Amendment: Community Preservation Committee 88 71 Bylaw Amendment: Adoption of Stretch Code 89 72 Bylaw Amendment: Sewer Commissioners, Board of 90 73 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes 91 74 Bylaw Amendment: Town Sewer District Map Change/Nicholson 99 75 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District/Canty 100 76 Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map Changes/ McGowan 100 77 Bylaw Amendment: Car Rental Agencies, Registration of 101 78 Amendments to Town of Nantucket Affordable Housing Trust Fund - Declaration of Trust 102 79 Acceptance of Massachusetts General Law Pertaining to Quarterly Tax Payments 103 80 Home Rule Petition: Amendment of Historic District Commission Act/Dutra 103 81 Home Rule Petition: Land Bank Real Estate Conveyance 105 82 Home Rule Petition: Land Bank Real Estate Conveyance 106 83 Home Rule Petition: Harbor and Shellfish Advisory Board 107 84 Home Rule Petition: Planning Process 108 85 Home Rule Petition: Conveyance of Land from County to Town 111 86 Home Rule Petition: Nantucket Sewer Act Amendment 113 87 Home Rule Petition: Establishing a Cemetery Commission for the Town of Nantucket 113 88 Home Rule Petition: Town Charter Amendment 116 89 Real Estate Disposition: Dreamland Theatre Easement/Liddle 116 90 Authorization for Real Estate Conveyance: Hulbert Avenue Extension/Lamb 117 91 Real Estate Acquisition: 77 Washington Street/Soverino 118 92 Real Estate Acquisition: 50 Union Street/Sarkisian 118 93 Real Estate Conveyance: Authorization/22 Federal Street 118 94 Real Estate Conveyance: Authorization/37 Washington Street 119 Page vi Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2011 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 95 Long-term Lease Authorization: Airport 119 96 Long-term Lease Authorization: Surfside WWTF 120 97 Long-term Lease Authorization: Wannacomet 121 98 Real Estate Acquisition: "Paper" Streets in Surfside 122 99 Real Estate Conveyance: "Paper" Streets, Surfside 124 100 Real Estate Acquisition: "Paper" Streets in Surfside 127 101 Real Estate Conveyance: "Paper" Streets in Surfside 130 102 Real Estate Acquisition: Land and "Paper" Streets in Surfside 133 103 Real Estate Conveyance: Land and "Paper" Streets in Surfside 134 104 Real Estate Conveyance: 144 Surfside Road/Webster 135 105 Real Estate Acquisition: "Paper" Street (Opposite Ann's Lane) in Siasconset 135 106 Real Estate Conveyance: Land and "Paper" Street (Opposite Ann's Lane) in Siasconset 136 107 Real Estate Acquisition: Various "Paper" Streets 136 108 Real Estate Conveyance: Various 'Paper" Streets 138 109 Real Estate Acquisition: Miscellaneous Land 140 110 Real Estate Conveyance: Miscellaneous Land 141 111 Real Estate Conveyance: Transfer of Miscellaneous Town Land to Airport 142 112 Real Estate Conveyance: Miscellaneous Land 143 113 Real Estate Conveyance: Industrial Land 144 114 Real Estate Conveyance: Easement - Madequecham Valley Road 144 115 Real Estate Conveyance: Grant of Easement - 143A Surfside Road 145 116 Appropriation: Stabilization Fund 145 117 Appropriation: Free Cash 145 NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS Page 1 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 1 (Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2010 Annual Town Report or as may come before this meeting. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the reports of various departments and committees as are printed in the Fiscal Year 2010 Annual Town Report or as may come before this meeting be accepted and filed with the permanent records of the Town. ARTICLE 2 (Appropriation: Unpaid Bills) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds for the payment, pursuant to Chapter 44 section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years, including any bills now on overdraft. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Thousand Seven Hundred Ninety- five Dollars and Seventy-six Cents ($2,795.76) be appropriated from Free Cash to pay the General Fund unpaid bills from prior fiscal years; that Three Hundred Sixty-eight Dollars and Forty-four Cents ($368.44) be appropriated from Retained Earnings of the Sewer Enterprise Fund to pay the sewer unpaid bills from prior fiscal years; that Sixty- four Dollars and Seventy-six Cents ($64.76) be appropriated from Retained Earnings of the Siasconset Water Enterprise Fund to pay the Siasconset water enterprise fund unpaid bills from prior fiscal years; that Twenty-four Thousand Seven Hundred Sixty-one Dollars and Eight Cents ($24,761.08) be appropriated from Retained Earnings of the Solid Waste Enterprise Fund to pay the solid waste enterprise fund unpaid bills from prior fiscal years; that Four Hundred Nineteen Dollars and Forty-nine Cents ($419.49) be appropriated from Retained Earnings of the Wannacomet Water Enterprise Fund to pay the Wannacomet water enterprise fund unpaid bills from prior fiscal years: DEPARTMENT VENDOR AMOUNT Finance Committee Association of Town Finance Committees $ 173.00 Conservation Commission Dirk Roggeveen/Travel Reimbursement $ 403.38 Conservation Commission Dirk Roggeveen/Travel Reimbursement $ 66.63 Legal Deutsch Williams $ 2,152.75 Subtotal General Fund Expense $ 2,795.76 Sewer Enterprise Fund Nantucket Cottage Hospital $ 368.44 Subtotal Sewer Enterprise Fund $ 368.44 Siasconset Water Robert Gardner/AT&T Reimbursement $ 64.76 Page 2 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Subtotal Siasconset Water Enterprise Fund $ 64.76 Solid Waste Enterprise Fund Deutsch Williams $ 1,132.44 Solid Waste Enterprise Fund Clean Harbors $ 13,128.64 Solid Waste Enterprise Fund Camp, Dresser & McKee, Inc. $ 10,500.00 Subtotal Solid Waste Enterprise Fund Expense $ 24,761.08 Wannacomet Water Robert Gardner/AT&T Reimbursement $ 366.03 Wannacomet Water Robert Gardner/Cape & Islands Freight Reimbursement $ 11.00 Wannacomet Water Robert Gardner/FedEx Reimbursement $ 42.46 Subtotal Wannacomet Water Enterprise Fund Expense $ 419.49 ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 4 (Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws for Fiscal Year 2012. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby authorized to continue during Fiscal Year 2011 as follows: FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Beach Improvement Beach Permit Sticker sales Town Manager with approval of Board of Selectmen In accordance with c. 56, § 7A of Town Code, and including endangered species monitor program; beach patrols/monitors; beach use education/information $325,000 Page 3 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Tennis Court Tennis fees Town Manager with approval of Park & Recreation Commission Operation, maintenance of tennis court facility and housing for seasonal staff $ 60,000 Conservation Fund Conservation Commission application fees Town Manager with approval of Conservation Commission Consulting services in connection with professional review of applications $ 20,000 PEG Channel Cable Franchise Fees Town Manager with the approval of Board of Selectmen Operation, maintenance, equipment, and professional services with Public Access Channel. $ 80,000 Septic System Inspections Septic system application fees Town Manager with approval of Board of Health Contractor services in connection with septic system inspections; costs associated septic system inspection related training and portion of salaries for staff in connection with septic system duties and responsibilities, together with the proportionate costs of fringe benefits associated with the salaries so paid $100,000 Seasonal Food Service Inspections Food service permit fees Town Manager with approval of Board of Health Seasonal food service inspections; costs associated with seasonal food service inspection training and public awareness materials. $ 25,000 School Staff Travel Program Participant payments School Superintendent with approval of School Committee Defrayment of travel costs incurred by employees of Nantucket Public Schools for work purposes $ 5,000 Lifeguard Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of lifeguard housing facilities $ 10,000 Public Works Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of public works housing facilities $ 20,000 Low Beach Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of Low Beach housing facilities $ 70,000 ARTICLE 5 (Appropriation: Reserve Fund) To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund pursuant to Chapter 40 section 6 of the Massachusetts General Laws, to provide for the extraordinary and unforeseen expenditures which may arise during Fiscal Year 2012; said sum not to exceed five (5) percent of the Fiscal Year 2011 tax levy. (Board of Selectmen) Page 4 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that Six Hundred Sixty-eight Thousand Dollars ($668,000) be raised and appropriated from the Fiscal Year 2012 tax levy and other general revenues of the Town to establish a Reserve Fund for Fiscal Year 2012 pursuant to chapter 40, s. 6 of the General Laws. ARTICLE 6 (Fiscal Year 2011 Budget Transfers) To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2011 operating budget from other line items of said budget and from other available funds. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred between the various Fiscal Year 2011 accounts and expenditures as follows: FROM TO AMOUNT Ambulance Reserve Fund, Expense Fire Department, Expense $ 60,000 Contractual Allowances, Salaries Building Inspectors, Salaries $ 18,100 Contractual Allowances, Salaries Planning Department, Salaries $ 6,000 Contractual Allowances, Salaries Council on Aging, Salaries $ 2,000 Marine Department, Salaries Marine Department, Expense $ 10,000 Mosquito Control, Expense Debt Service, Principal $ 50,000 Police Department, Salaries Police Department, Expense $ 50,000 Retirement, Salaries Finance & Operations, Salaries $ 74,000 Retirement, Salaries Human & Social Services, Salaries $ 48,000 Retirement, Salaries Conservation Commission, Salaries $ 22,800 Retirement, Salaries Public Works, Expense $ 15,000 ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2012) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2012: 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 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Dietician/Our Island Home (hourly) 33.00 38.00 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 Page 5 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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 Senior Adult Day Care Aide (Per Diem – hourly) 18.76 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 Schedule B -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2011- April 14, 2012) Compensation Second Third Fourth Level Start Season Season Season A-Hourly* $13.00 $14.00 $15.00 $16.00 B-Hourly* $13.50 $14.50 $15.50 $16.50 C-Hourly* $14.50 $15.50 $16.50 $17.50 D-Hourly* $15.00 $16.00 $17.00 $18.00 E-Hourly* $17.00 $17.50 $18.00 $19.00 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Information Aide, Matron B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer, Seasonal 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 Public Works) E. Lifeguard Supervisor, Madaket Seasonal Assistant Harbormaster, Seasonal Maintenance Supervisor (Park & Recreation Public Works); Tennis Instructor (Park & Recreation), Swimming Instructor (Park & Recreation) Schedule C -- Scallop Season Compensation Schedule $35.00/day to be paid to the full-time permanent shellfish warden(s) when scalloping activity is taking place. Page 6 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Schedule D C -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $89,530 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted: Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building Inspector, Assistant (hourly) 30.00 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Dietician/Our Island Home (hourly) 33.00 38.00 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 Senior Adult Day Care Aide (Per Diem – hourly) 18.76 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 Schedule B -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2011- April 14, 2012) Compensation Second Third Fourth Level Start Season Season Season A-Hourly* $13.00 $14.00 $15.00 $16.00 B-Hourly* $13.50 $14.50 $15.50 $16.50 C-Hourly* $14.50 $15.50 $16.50 $17.50 Page 7 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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, Seasonal 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 Public Works) E. Lifeguard Supervisor, Part-time Reserve Patrol Officer, Madaket Seasonal Assistant Harbormaster, Seasonal Maintenance Supervisor (Park & Recreation Public Works); 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 C -- Compensation Schedule for Elected Officials* Moderator $150 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $89,530 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. ARTICLE 8 (Appropriation: Fiscal Year 2012 General Fund 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 2012. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2012 operating budget is established for the various offices, boards, and commissions of the Town as follows: Page 8 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Fiscal Year 2012 FY 2011 DEPARTMENT PAYROLL OPERATING TOTAL BUDGET ARTICLE 8 TOTAL GENERAL GOVERNMENT Conservation Commission $ 0 $ 0 $ 0 148,170 Commission on Disability $ 0 $ 0 $ 0 12,890 Finance Committee $ 0 $ 19,900 $ 19,900 22,000 Finance & Operations $ 1,456,810 $ 409,790 $ 1,866,600 1,798,290 Historic District Commission $ 0 $ 0 $ 0 254,600 Human Resources $ 142,720 $ 55,800 $ 198,520 165,750 Information Systems / GIS $ 348,410 $ 238,000 $ 586,410 558,030 Legal $ 0 $ 335,000 $ 335,000 335,000 Moderator $ 175 $ 650 $ 825 475 Nantucket Planning Office $ 397,870 $ 69,600 $ 467,470 480,780 Town Administration $ 504,320 $ 193,400 $ 697,720 622,500 Town Clerk $ 201,060 $ 58,650 $ 259,710 271,010 Subtotal $ 3,051,365 $ 1,380,790 $ 4,432,155 4,669,495 SAFETY & PROTECTION Code Enforcement & Regulatory $ 1,040,490 $ 90,160 $ 1,130,650 $ 0 Inspectors $ 0 $ 0 $ 0 651,430 Emergency Management $ 0 $ 9,000 $ 9,000 12,100 Fire Department $ 2,184,750 $ 196,600 $ 2,381,350 2,483,850 Health Department $ 0 $ 0 $ 0 296,020 Police Department & Animal Control $ 4,021,940 $ 546,500 $ 4,568,440 4,317,210 Street Lighting $ 0 $ 77,000 $ 77,000 80,000 Subtotal $ 7,247,180 $ 919,260 $ 8,166,440 7,840,610 MARINE & COASTAL RESOURCES Marine Department $ 864,420 $ 85,000 $ 949,420 792,080 Subtotal $ 864,420 $ 85,000 $ 949,420 792,080 MAINTENANCE Gas / Town Vehicles $ 0 $ 350,000 $ 350,000 350,000 Mosquito Control $ 0 $ 0 $ 0 50,000 Public Buildings $ 0 $ 747,000 $ 747,000 661,000 Public Works $ 1,831,500 $ 320,150 $ 2,151,650 1,880,560 Snow and Ice Removal $ 0 $ 64,000 $ 64,000 64,000 Subtotal $ 1,831,500 $ 1,481,150 $ 3,312,650 3,005,560 HUMAN SERVICES Page 9 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Human Services $ 459,240 $ 63,900 $ 523,140 $ 0 Council on Aging $ 0 $ 0 $ 0 249,490 Council for Human Services $ 0 $ 0 $ 0 138,000 Veteran's Services $ 0 $ 0 $ 0 14,715 Subtotal $ 459,240 $ 63,900 $ 523,140 402,205 CULTURE & RECREATION Atheneum $ 0 $ 661,216 $ 661,216 650,720 Park & Recreation $ 0 $ 0 $ 0 474,290 Town Clock $ 0 $ 2,500 $ 2,500 2,700 Visitor Services $ 219,040 $ 95,350 $ 314,390 341,370 Subtotal $ 219,040 $ 759,066 $ 978,106 1,469,080 CONTRACTUALOBLIGATIONS $ 254,520 $ 0 $ 254,520 292,227 TOTAL OF DEPT OPERATING BUDGETS $ 13,927,265 $ 4,689,166 $ 18,616,431 18,471,257 EDUCATION Community School $ 219,300 $ 0 $ 219,300 235,000 School Department $ 17,188,594 $ 4,531,106 $ 21,719,700 21,499,213 Subtotal $ 17,407,894 $ 4,531,106 $ 21,939,000 21,734,213 GRAND TOTAL OF GEN GOV'T OPER BUDGETS $ 31,335,159 $ 9,220,272 $ 40,555,431 40,205,470 DEBT SERVICE Principal & Interest $ 0 $ 9,053,860 $ 9,053,860 9,311,920 Subtotal $ 0 $ 9,053,860 $ 9,053,860 9,311,920 INSURANCES Auto Casualty $ 0 $ 100,000 $ 100,000 202,300 Blanket Liability $ 0 $ 1,100,000 $ 1,100,000 906,315 Claims Deductible $ 0 $ 100,000 $ 100,000 82,000 Insurance Consulting $ 0 $ 29,000 $ 29,000 28,600 Medical Insurance $ 6,760,000 $ 0 $ 6,760,000 6,687,755 Unemployment $ 300,000 $ 0 $ 300,000 328,520 Workers Compensation $ 197,000 $ 0 $ 197,000 197,300 Laborer's Union Pension $ 44,000 $ 0 $ 44,000 42,160 Subtotal $ 7,301,000 $ 1,329,000 $ 8,630,000 8,474,950 ASSESSMENTS Barnstable Retirement $ 2,988,750 $ 0 $ 2,988,750 3,011,055 Subtotal $ 2,988,750 $ 0 $ 2,988,750 3,011,055 GRAND TOTAL OF OPERATING BUDGET $41,624,909 $19,603,132 $61,228,041 61,003,395 Page 10 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions And to meet these appropriations, the sum of Sixty-one Million Two Hundred Twenty- eight Thousand Forty-one Dollars ($61,228,041) be raised and appropriated from the Fiscal Year 2012 tax levy and other general revenues of the Town. The budget unanimously recommended by the Nantucket School Committee for the School Department, including the Nantucket Community School, for Fiscal Year 2012 is Twenty-One Million Nine Hundred Thirty-Nine Thousand Dollars ($21,939,000) FINANCE COMMITTEE COMMENT: In prior years, the Fire Department expenses relating to the ambulance service were contained in Article 8, and a transfer of funding was shown in the Motion from the Ambulance Reserve Fund. For FY 2012, there is a separate article for an appropriation directly from the Ambulance Reserve Fund for this purpose. ARTICLE 9 (Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the Council for Human Services to be used by the Council to contract with various health and human services, not-for-profit corporations to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that contracts be executed by and between the Board of Selectmen and the respective private, not-for-profit agency for Fiscal Year 2012, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Three Hundred Seventeen Thousand Eight Hundred Eighty-three Dollars ($317,883) be raised and appropriated from the Fiscal Year 2012 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 by private not-for-profit agencies to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town Manager with the approval of the Board of Selectmen, execute contracts with the respective agencies for Fiscal Year 2012, which contracts shall stipulate mutually agreed upon terms and conditions: AGENCY AMOUNT A Safe Place $ 50,000 Martha’s Vineyard Community Services $ 13,000 Elder Services of Cape Cod & Islands $ 8,000 Interfaith Council Food Pantry $ 20,000 Interfaith Council Rental Assistance $ 20,000 South Coastal Counties Legal Services $ 3,900 Family & Children’s Services dba Nantucket Behavioral Health Services $ 152,100 Nantucket Aids Network $ 10,000 Page 11 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Nantucket Cottage Hospital/Social Services $ 32,500 Nantucket Family Planning $ 8,383 TOTAL $ 317 ,883 FINANCE COMMITTEE COMMENT: The Committee understands the demands on local human services providers. Although some have questioned the "roll over" of funds from the Fiscal Year 2011 appropriations into Fiscal Year 2012, those recommendations were vetted and recommended for their worthiness and that worthiness is still evident and real. We hope that a process of financial review of these requests will be reinstated next year so that the process remains fair for all providers. ARTICLE 10 (Appropriation: General Fund Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for Fiscal Year 2012 for the offices, departments, boards and commissions of the Town of Nantucket. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for capital outlay expenditures for general fund departments for Fiscal Year 2012, with all such expenditures to be made by the Town Manager with the approval of the Board of Selectmen; except the School expenditures to be made by the School Superintendent with the approval of the School Committee; and further that the Town Manager with the approval of the Board of Selectmen or School Superintendent with the approval of the School Committee as the case may be, is authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced as follows: DEPARTMENT ITEM AMOUNT Town Administration Professional services for design, permitting, construction, and materials for road improvements at various locations $900,000.00 Town Administration Professional services for design, permitting, engineering, and construction to improve drainage at Nobadeer Farm Road $230,000.00 Town Administration Professional services for space reconfiguration design, permitting, and construction located at 37 Washington Street $100,000.00 Town Administration Costs associated with repairs for the Jetties Beach Concession Building $120,000.00 Town Administration Costs associated with repairs, and renovations to various municipal buildings and projects $404,645.86 Town Administration Professional services for space reconfiguration design, permitting, and construction located at 20 South Water Street $ 65,000.00 Town Administration Professional services for design, permitting, and engineering for Millie’s Bridge $ 50,000.00 Town Administration Purchase Permit Tracking Software $ 50,000.00 Information Systems Purchase Replacement Servers $ 50,000.00 Information Systems Purchase Replacement Desktops and Printers $ 50,000.00 Page 12 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Information Systems Costs associated with updating GIS: Digital Orthophoto information $ 50,000.00 Public Works Purchase replacement vehicle(s) $ 45,530.00 School NES Flat Roof Repair $350,121.43 School Nantucket High School Pool Water Filter & Boiler Upgrade & Replacement $200,000.00 School Nantucket High School Large Group Instruction Room Upgrade $200,000.00 School Costs associated with upgrading Nantucket High School Phone System $ 50,000.00 School Replace Grounds Vehicles for Nantucket Public Schools $ 50,000.00 TOTAL $2,965,297.29 And to meet the appropriation for the above items that Two Million Two Hundred Twenty-eight Thousand Three Hundred Sixty Dollars ($2,228,360) be transferred from Free Cash in the Treasury of the Town; that Three Hundred Seventy-one Thousand Six Hundred Forty Dollars ($371,640) be raised and appropriated from the Fiscal Year 2012 tax levy and other general revenues of the Town; that Two Hundred Fifty-four Thousand Six Hundred Forty-five Dollars and Eighty-six Cents ($254,645.86) be transferred from the following prior year Articles, the purposes of which have been completed, for the repairs and renovations of various municipal buildings item: a) and, to meet this appropriation Thirty-eight Thousand Four Hundred Twelve Dollars and Eighty-six Cents ($38,412.86) be transferred from Article 10 of the 2007 Annual Town Meeting (Repairs to Employee Housing/38 West Chester St); b) and, to meet this appropriation Seventy-seven Thousand One Hundred Six Dollars ($77,106) be transferred from Article 10 of the 2009 Annual Town Meeting (Fire Station); c) and, to meet this appropriation One Hundred Thousand Dollars ($100,000) be transferred from Article 10 of the 2006 Annual Town Meeting (Mosquito Equipment); d) and, to meet this appropriation Ten Thousand Dollars ($10,000) be transferred from Article 10 of the 2007 Annual Town Meeting (Replace Bathtubs/OIH); e) and, to meet this appropriation Four Thousand Two Hundred Nineteen Dollars ($4,219) be transferred from Article 10 of the 2007 Annual Town Meeting (Window Sashes); f) and, to meet this appropriation One Thousand Eight Hundred Fifty Dollars ($1,850) be transferred from Article 10 of the 2008 Annual Town Meeting (Replace 1 Gas Furnace); g) and, to meet this appropriation Five Hundred Dollars ($500) be transferred from Article 10 of the 2003 Annual Town Meeting (Siasconset Fire Repairs); h) and, to meet this appropriation Eighty-six Dollars ($86) be transferred from Article 10 of the 2003 Annual Town Meeting (Madaket Fire Repairs); i) and, to meet this appropriation Twenty-two Thousand Four Hundred Seventy- two Dollars ($22,472) be transferred from Article 10 of the 2003 Annual Town Meeting (Visitor Services Building Repairs); Page 13 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions further, that Sixty-five Thousand Dollars ($65,000) be appropriated from the following prior year Article, the purposes of which have been completed, for the 20 South Water Street item: a) Sixty-five Thousand Dollars ($65,000) be transferred from Article 10 of the 2007 Annual Town Meeting (Police Dormers); further, that Forty-five Thousand Five Hundred Thirty Dollars ($45,530) be appropriated from the following prior year Article, the purposes of which have been completed, for the public works replacement vehicle(s) item: a) Forty-five Thousand Five Hundred Thirty Dollars ($45,530) be transferred from Article 10 of the 2004 Annual Town Meeting (Street Sweeper Equipment); further, that One Hundred Twenty-one Dollars and Forty-three Cents ($121.43) be appropriated from the following prior year Article, the purposes of which have been completed, for the flat roof repair item: b) One Hundred Twenty-one Dollars and Forty-three Cents ($121.43) be transferred from Article 10 of the 2007 Annual Town Meeting (Bus Lane and Parking Lot). ARTICLE 11 (Appropriation: Enterprise Funds Operations) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the operation of the Enterprise Funds of the Town of Nantucket for Fiscal Year 2012, 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 2012 operating budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be expended through the Siasconset Water Commission; the Wannacomet Water appropriation to be expended through the Nantucket Water Commission; the Airport appropriation to be expended through the Nantucket Airport Commission; the remaining appropriations to be spent through the Board of Selectmen: FY 2012 FY 2012 FY 2012 FY 2011 FUND PAYROLL EXPENSES TOTAL BUDGET TOTAL BUDGET Airport $ 3,788,755 $ 8,179,390 $11,968,145 $ 11,255,640 Our Island Home $ 5,213,403 $ 1,212,517 $ 6,425,920 $ 6,578,041 Sewer ( includes Wastewater Treatment; Collection & Disposal; and Siasconset plant) $ 1,011,087 $ 4,686,462 $ 5,697,549 $ 5,246,550 Siasconset Water $ 31,000 $ 938,350 $ 969,350 $ 902,250 Solid Waste $ 51,910 $ 7,606,590 $ 7,658,500 $ 6,724,191 Wannacomet Water $ 1,358,970 $ 2,673,070 $ 4,032,040 $ 4,074,305 TOTAL $11,455,125 $25,296,379 $36,751,504 $ 34,780,977 Page 14 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Further, that the above appropriations be funded as follows: FUND FUNDING SOURCES AMOUNTS Airport FY 12 Anticipated Revenues $11,430,640 Airport Retained Earnings $ 537,505 Our Island Home FY 12 Anticipated Revenues $ 3,260,000 Our Island Home FY 12 Tax Levy and Other General Revenues $ 3,165,920 Sewer FY 12 Anticipated Revenues $ 5,160,050 Sewer Retained Earnings $ 537,499 Solid Waste FY 12 Anticipated Revenues $ 2,830,000 Solid Waste FY 12 Tax Levy and Other General Revenues $ 4,438,000 Solid Waste Retained Earnings $ 390,500 Siasconset Water FY 12 Anticipated Revenues $ 852,350 Siasconset Water Retained Earnings $ 117,000 Wannacomet Water FY 12 Anticipated Revenues $ 4,032,040 TOTAL FUNDING SOURCES $36,751,504 ARTICLE 12 (Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate from the sources indicated below, for the purposes of capital expenditures in Fiscal Year 2012 for the Enterprise Funds established under the jurisdiction of the Town of Nantucket. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be appropriated for the Enterprise Fund departments for Fiscal Year 2012 with the Airport 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 Board of Selectmen; 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 Public Works/Sewer Commissioners; the Siasconset Water appropriations to be expended through the Siasconset Water Commission; the Wannacomet Water appropriations to be expended through the Nantucket Water Commission: DEPARTMENT ITEM AMOUNT Airport Professional services for design, permitting, construction, and other costs associated with renovating the administration building and replacing furnishings. $ 3,000,000 Airport Construction, permitting and other related costs associated with resurfacing runway 6-24 $ 2,300,000 Airport Costs associated with ramp electrification $ 2,500,000 Airport Construction, permitting and other costs associated with constructing a parallel taxiway to runway 15-33 $ 2,000,000 Airport Purchase new airfield equipment $ 250,000 Subtotal Airport Enterprise $ 10,050,000 Sewer Purchase replacement sewer vehicle(s) $ 85,974 Subtotal Sewer Enterprise $ $85,974 Page 15 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Solid Waste Professional services for design, permitting, and other costs associated with landfill mining. $ 653,085 Subtotal Solid Waste Enterprise $ 653,085 TOTAL $ 10,789,059 And, to meet the appropriations, that the following funding sources to be used: FUNDING SOURCE AMOUNT Airport, Borrowing $ 10,050,000 Sewer, Sewer Article Reappropriations $ 85,974 Solid Waste, FY12 Tax Levy and Other General Revenues $ 653,085 TOTAL $ 10,789,059 Further, that the Treasurer of the Town, with the approval of the Board of Selectmen, is authorized to borrow the sum of Ten Million Fifty Thousand Dollars ($10,050,000) as a general obligation of the Town with the intent that any and all repayments and debt service (if applicable) are to come from airport revenues, state grants, and federal grants; that Eighty-five Thousand Nine Hundred Seventy-four Dollars ($85,974) be transferred from the following prior year Articles, the purposes of which have been completed, for the purchase of replacement sewer vehicle(s): a) and, to meet this appropriation Forty-nine Thousand Seven Hundred Eighty- three Dollars ($49,783) be transferred from Article 13 of the 2005 Annual Town Meeting (Stormwater Map); b) and, to meet this appropriation Ten Thousand Nine Hundred Fifty-eight Dollars ($10,958) be transferred from Article 13 of the 2005 Annual Town Meeting (Replace Backhoe); c) and, to meet this appropriation Five Thousand Sixty Dollars ($5,060) be transferred from Article 13 of the 2008 Annual Town Meeting (Dump Truck); d) and, to meet this appropriation Twenty Thousand One Hundred Seventy-three Dollars ($20,173) be transferred from Article 12 of the 2007 Annual Town Meeting (Replace Dump Truck); and further, that Six Hundred Fifty-three Thousand Eighty-five Dollars ($653,085) be transferred from the Fiscal Year 2012 Tax Levy and Other General Revenues of the Town for the solid waste landfill mining item. ARTICLE 13 (Enterprise Funds: Fiscal Year 2011 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2011 Enterprise Fund operating budgets from other line items of said budgets and/or from Enterprise Surplus Reserve Funds. (Board of Selectmen) Page 16 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred between the various enterprise fund accounts and funding sources for Fiscal Year 2011 as follows: FROM TO AMOUNT Wannacomet Water, Retained Earnings Wannacomet Water, Operating Expense (Debt Service) $211,500 Siasconset Water, Retained Earnings Siasconset Water, Operating Expense (Debt Service) $208,806 Siasconset Water, Retained Earnings Siasconset Water, Salaries $29,000 Sewer Enterprise, Retained Earnings Sewer, Operating Expense (CW 07 17 MWPAT $41,617.89 interest, $3,004.50 admin fees, and $26,639.90 loan origination) $71,263 ARTICLE 14 (Appropriation: Waterways Improvement Fund) To see what sum the Town will vote to appropriate from the revenue received under Chapter 60B subsection (i) of section 2 and under Chapter 91section 10A of the Massachusetts General Laws and sums received from the Commonwealth or Federal Government for purposes established by Chapter 40 section 5G of the Massachusetts General Laws 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 Two Hundred Thousand Dollars ($200,000) be appropriated from the Waterways Improvement Fund for the purpose of (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. ARTICLE 15 (Appropriation: Ambulance Reserve Fund) To see what sum the Town will vote to appropriate from the Ambulance Reserve Fund for the purchase of ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the Town’s ambulance services, including up to four (4) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town Manager. Page 17 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Hundred Ten Thousand Dollars ($210,000) be appropriated from the Ambulance Reserve Fund for the purpose of purchasing ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the Town’s ambulance services, including up to four (4) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town Manager. ARTICLE 16 (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 2012, and to authorize the expenditure of these funds for County purposes, all in accordance with the Massachusetts General Laws and in accordance with the County Charter (Chapter 290 of the Acts of 1996), the sum of One Hundred Sixty-two Thousand Dollars ($162,000). Or to take any other action related thereto. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved that One Hundred Sixty-two Thousand Dollars ($162,000) be raised and appropriated from the Fiscal Year 2012 tax levy and other general revenues of the Town to fund the Fiscal Year 2012 county assessment. ARTICLE 17 (Appropriation: Finalizing Fiscal Year 2012 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 2012 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 Chapter 35 section 32 of the Massachusetts General Laws. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Finance Committee, acting as the Nantucket County Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed the Fiscal Year 2012 Nantucket County budget as adopted by the Page 18 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Nantucket County Commissioners on January 26, 2011, at its meeting on March 10, 2011. ARTICLE 18 (Rescind Unused Borrowing Authority) To see what action the Town will vote to amend, appropriate or reappropriate, transfer, modify, repeal or rescind unused borrowing authority authorized by previous town meetings. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that: a) One Million One Hundred Thousand Dollars ($1,100,000) is rescinded as unused borrowing authority authorized by Article 10 of the 2002 Annual Town Meeting (Expansion of the Fire Station) (43220 93053) b) Twelve Million Five Hundred Twenty Thousand Dollars ($12,520,000) is rescinded as unused borrowing authority authorized by Article 13 of the 2008 Annual Town Meeting (Construction of and professional services for area N-3A as per Comprehensive Wastewater Management Plan) (30440 99237) c) Twelve Million One Hundred Forty Thousand Dollars ($12,140,000) is rescinded as unused borrowing authority authorized by Article 13 of the 2008 Annual Town Meeting (Construction of and professional services for area N-2 as per Comprehensive Wastewater Management Plan) (30440 99238) FINANCE COMMITTEE COMMENT: The Town is in the process of strategically re- prioritizing certain future capital projects. The projects identified here are either no longer going to happen; or, will be put off indefinitely, therefore the authorization for borrowing originally approved by Town Meeting is not necessary. ARTICLE 19 (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 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that One Hundred Fifty Thousand Dollars ($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. ARTICLE 20 (Appropriation: Collective Bargaining Agreement/Our Island Home) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 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 International Union, Local 1199) in accordance with Chapter 150E of the Massachusetts General Laws, 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 that Seventy-nine Thousand Five Hundred Dollars ($79,500) be hereby appropriated to fund the cost items for Fiscal Year 2011, ending June 30, 2011, and Seventy-nine Thousand Five Hundred Dollars ($79,500) be appropriated to fund the cost items for Fiscal Year 2012 as described in a collective bargaining agreement between the Town of Nantucket (represented by the Board of Selectmen) and the Our Island Home union employees (represented by the Service Employees International Union Local #1199) in accordance with Chapter 150E of the General Laws of the Commonwealth; and to meet these appropriations that One Hundred Fifty-nine Thousand Dollars ($159,000) be transferred from the General Fund Contractual Obligations appropriation as voted pursuant to Article 8 of the 2010 Annual Town Meeting to Our Island Home Enterprise Fund; and, further, to amend the Town’s classification and compensation plan accordingly to reflect such contract. ARTICLE 21 (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 Massachusetts General Laws, 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 that Thirty-six Thousand One Hundred Page 20 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Seventeen Dollars ($36,117) be hereby appropriated to fund the cost items for Fiscal Year 2009, ending June 30, 2009, and Fifty-nine Thousand Six Hundred Thirty-seven Dollars ($59,637) be appropriated to fund the cost items for Fiscal Year 2010 as described in a collective bargaining agreement 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 meet these appropriations that Ninety-five Thousand Seven Hundred Fifty-four Dollars ($95,754) be transferred from the General Fund Contractual Obligations appropriation as voted pursuant to Article 8 of the 2010 Annual Town Meeting; and, further, to amend the Town’s classification and compensation plan accordingly to reflect such contract. ARTICLE 22 (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 Massachusetts General Laws, 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 for Airport Commission) FINANCE COMMITTEE MOTION: Moved that Twelve Thousand Three Hundred Three Dollars ($12,303.00) be hereby appropriated to fund the cost items for Fiscal Year 2011, ending June 30, 2011, and as described in a collective bargaining agreement between the Town of Nantucket (represented by the Airport Commission) and the Airport union employees (represented by the Massachusetts Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s International Union of North America, Local 1060) in accordance with Chapter 150E of the General Laws of the Commonwealth; and to meet these appropriations that Twelve Thousand Three Hundred Three Dollars ($12,303.00) be transferred from the Airport Payroll appropriation as voted pursuant to Article 12 of the 2010 Annual Town Meeting; and, further, to amend the Town’s classification and compensation plan accordingly to reflect such contract. ARTICLE 23 (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 2012 in a bargaining contract between the Town of Nantucket (represented by the Nantucket Water Commission) and Wannacomet Water union employees Page 21 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (represented by the Utility Workers of America, AFL-CIO, Local Union 359) in accordance with Chapter 150E of the Massachusetts General Laws, 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 for Nantucket Water Commission) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Funding for this contract is contained within the FY 2012 Wannacomet Water operating budget, in Article 11. Collective bargaining agreements of one year or less do not require approval by Town Meeting. ARTICLE 24 (Appropriation: Collective Bargaining Agreement/DPW) 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 2012 in a bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Department of Public Works union employees (represented by the American Federation of State, County and Municipal Employees, Local 2346) in accordance with Chapter 150E of the Massachusetts General Laws, 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 MEETING. ARTICLE 25 (Appropriation: Collective Bargaining Agreement/Police – Superior Officers) 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 2012 in a bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Police Department union employees (represented by the Massachusetts Coalition of Police, Local Union 330A, IUPA, AFL-CIO) in accordance with Chapter 150E of the Massachusetts General Laws, 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 MEETING. Page 22 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 26 (Appropriation: Collective Bargaining Agreement/Police – Patrol Officers) 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 2012 in a bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Police Department union employees (represented by the Massachusetts Coalition of Police, Local Union 330, IUPA, AFL-CIO) in accordance with Chapter 150E of the Massachusetts General Laws, 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 MEETING. ARTICLE 27 (Fiscal Year 2010 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. FROM TO AMOUNT Article 21 ATM 2004 Nantucket Housing Office Administrative costs Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $596.86 Article 26 ATM 2008 Nantucket Housing Office New LEED certified construction, 2 Clarendon Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $.08 Article 26 ATM 2008 Nantucket Housing Office 3 Norquarta Drive Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $21,080.03 Total transfers to Affordable Housing Reserved fund balance $21,676.97 (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from the various accounts as follows: FROM TO AMOUNT Article 21 ATM 2004 Nantucket Housing Office Administrative costs Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $ 596.86 Page 23 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Article 26 ATM 2008 Nantucket Housing Office New LEED certified construction, 2 Clarendon Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $ .08 $ .04 Article 26 ATM 2008 Nantucket Housing Office 3 Norquarta Drive Fiscal Year 2012 Community Preservation Committee Affordable Housing Reserved fund balance $ 21,080.03 Total transfers to Affordable Housing Reserved fund balance $ 21,676.97 $ 21,676.93 FINANCE COMMITTEE COMMENT: The title to this Article should actually read “Fiscal Year 2012 Budget Transfers”. ARTICLE 28 (Appropriation: Community Preservation Committee) To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2012 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Historic Preservation Town of Nantucket, Cemetery Commission Workgroup Historic Newtown Cemetery Preservation $40,000 Siasconset Union Chapel Restoration of the Exterior and Interior, Phase 1 $175,000 Nantucket Atheneum Preservation through digitization of all copies of the Inquirer & Mirror newspaper from 1821 to present $130,000 Nantucket Historical Association Preservation of the interior and exterior Fire Hose-Cart house $20,260 Nantucket Dreamland Foundation Reuse and repurposing of historical elements $255,000 Sub-total $620,260 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Page 24 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Community Housing Housing Nantucket Scattered site house recycling program $150,000 Interfaith Council Housing and rental assistance program $100,000 Habitat for Humanity Nantucket Inc. Construct new Habitat for Humanity house $200,000 Housing Assistance Corporation Planning, design and permitting of 50 unit development including infrastructure and the construction of 19 homes, Phase 1 $750,000 Sub-total $1,200,000 $200,000 of the funds utilized for this category are from the designated reserve balance for affordable housing with the balance from the Community Preservation surcharge and the State matching funds. Open Space Conservation /Recreation Town of Nantucket Public Access to open space and acquisition fund for properties, Phase 3 $150,000 Nantucket Land Council Restoration of water quality in Head of Hummock Pond for years 1 & 2 $75,561 Nantucket Park and Recreation Commission Creation of entry and parking for multi use field complex on Nobadeer Farm Road, phase 3 $300,068 Sub-total $525,629 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Administrative Community Preservation Committee Administrative and operating expenses $93,211 Sub-total $93,211 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Page 25 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions TOTAL $2,439,000 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY 2012 Community Preservation Surcharge $1,738,000 From State matching funds for FY 2011, to be received in 2012 $501,000 From designated reserve fund balance for affordable housing $200,000 Total Revenues $2,439,000 For fiscal year 2012 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Provided however, that the above expenditures are conditional on the recording of appropriate historic preservation restrictions for historic resources, open space restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved for later appropriation from the Community Preservation Fund Fiscal Year 2012 revenues or other available funds as indicated herein, for the administrative and operating expenses of the Community Preservation Committee, the undertaking of community preservation projects and all other necessary and proper expenses, for Fiscal Year 2012 community preservation purposes as set forth herein, with each item considered a separate appropriation to be spent by the Community Preservation Committee with the approval of the Board of Selectmen: Purpose Amount Historic Preservation Town of Nantucket, Cemetery Commission Workgroup Historic Newtown Cemetery Preservation $40,000 Siasconset Union Chapel Restoration of the Exterior and Interior, Phase 1 $175,000 Nantucket Atheneum Preservation through digitization of all copies of the Page 26 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Inquirer & Mirror newspaper from 1821 to present $130,000 Nantucket Historical Association Preservation of the interior and exterior Fire Hose-Cart house $20,260 Nantucket Dreamland Foundation Reuse and repurposing of historical elements $255,000 Sub-total $620,260 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Community Housing Housing Nantucket Scattered site house recycling program $150,000 Interfaith Council Housing and rental assistance program $100,000 Habitat for Humanity Nantucket Inc. Construct new Habitat for Humanity house $200,000 Housing Assistance Corporation Planning, design and permitting of 50 unit development including infrastructure and the construction of 19 homes, Phase 1 $750,000 Sub-total $1,200,000 $200,000 of the funds utilized for this category are from the designated reserve balance for affordable housing with the balance from the Community Preservation surcharge and the State matching funds. Open Space Conservation /Recreation Town of Nantucket Public Access to open space and acquisition fund for properties, Phase 3 $150,000 Nantucket Land Council Restoration of water quality in Head of Hummock Pond for years 1 & 2 $75,561 Nantucket Park and Recreation Commission Creation of entry and parking for multi use field complex on Nobadeer Farm Road, phase 3 $300,068 Sub-total $525,629 All funds to be used in this category are from the Community Preservation Page 27 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions surcharge and the State matching funds. Administrative Community Preservation Committee Administrative and operating expenses $93,211 Sub-total $93,211 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. TOTAL $2,439,000 $2,439,100 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY 2012 Community Preservation Surcharge $1,738,000 $1,738,100 From State matching funds for FY 2011, to be received in 2012 $501,000 From designated reserve fund balance for affordable housing $200,000 Total Revenues $2,439,000 $2,439,100 Provided, however, that the above expenditures are conditional upon the recording of appropriate historic preservation restrictions for historic resources; open space restrictions for open space resources; recreation restrictions for recreational resources, and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures, meeting the requirements of c. 184 of the General Laws pursuant to s. 12 of the Community Preservation Act. ARTICLE 29 (Fiscal Year 2012 Budget Transfers: Community Preservation Committee) To see what sums the Town will vote to transfer to 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 is available for future appropriations. Page 28 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FROM TO AMOUNT Article 22 ATM 2007 Town of Nantucket Fiscal Year 2012 Community Preservation Committee Affordable housing reserved fund balance $ 75,000 Article 24 ATM 2009 Town of Nantucket Fiscal Year 2012 Community Preservation Committee Affordable housing reserved fund balance $10,188.97 Total transfers to Affordable Housing Reserved fund balance $85,188.97 (Board of Selectmen for Community Preservation Committee) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from the various accounts as follows: FROM TO AMOUNT Article 22 ATM 2007 Town of Nantucket – 2 Fairgrounds Road Appropriation Fiscal Year 2012 Community Preservation Committee Affordable housing reserved fund balance $ 75,000 Article 24 ATM 2009 Town of Nantucket – Housing Planner Year 2 Appropriation Fiscal Year 2012 Community Preservation Committee Affordable housing reserved fund balance $10,188.97 Total transfers to Affordable Housing Reserved fund balance $85,188.97 ARTICLE 30 (Appropriation: Community Preservation Committee) To see if the Town will vote to act on the second report of the Community Preservation Committee on the Fiscal Year 2012 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund designated reserve balance for affordable housing for the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Community Housing Affordable Housing Trust Fund To pay salaries in arrears for FY2009 and FY2010 $ 6,553.84 Affordable Housing Trust Fund For the Surfside Road project but not for salaries $78,635.13 All of the funds utilized for this category are from the designated reserve balance for Affordable Housing. Page 29 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Provided however, that the above expenditures are conditional on the recording of appropriate 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 section 12 of the Community Preservation Act of the Massachusetts General Laws. (Board of Selectmen for Community Preservation Committee) FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved for later appropriation from the Community Preservation Fund Fiscal Year 2012 revenues or other available funds as indicated herein, for the administrative and operating expenses of the Community Preservation Committee, the undertaking of community preservation projects and all other necessary and proper expenses, for Fiscal Year 2012 community preservation purposes as set forth herein, with each item considered a separate appropriation to be spent by the Community Preservation Committee with the approval of the Board of Selectmen: Purpose Amount Community Housing Affordable Housing Trust Fund To pay salaries in arrears for FY2009 and FY2010 $ 6,553.84 Affordable Housing Trust Fund For the Surfside Road project but not for salaries $78,635.13 Provided however, that the above expenditures are conditional on the recording of appropriate 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 section 12 of the Community Preservation Act of the Massachusetts General Laws. ARTICLE 31 (Home Rule Petition: Expansion of Room Occupancy Tax to Seasonal 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 Page 30 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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 Chapter 64G section 3A of the Massachusetts General Laws 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 Chapter 64G section 1 of the Massachusetts General Laws 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 Chapter 64G section 1 of the Massachusetts General Laws and any residential or commercial dwelling, dwelling unit or part thereof, unit of a condominium as defined by Chapter 183A of the Massachusetts General Laws or time-share as defined by Chapter 183B of the Massachusetts General Laws, 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 of the Massachusetts General Laws. 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 Chapter 64G sections 3, 4, 5, 6 and 7A of the Massachusetts General Laws and shall be liable in the same manners as operators in Chapter 64G section 7B of the Massachusetts General Laws. Section 5. This act shall take effect upon its passage. (Board of Selectmen) Page 31 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby 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 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 Chapter 64G section 3A of the Massachusetts General Laws 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 Chapter 64G section 1 of the Massachusetts General Laws 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 sixty 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 Chapter 64G section 1 of the Massachusetts General Laws and any residential or commercial dwelling, dwelling unit or part thereof, unit of a condominium as defined by Chapter 183A of the Massachusetts General Laws or time-share as defined by Chapter 183B of the Massachusetts General Laws, used for the lodging of guests or invitees in exchange for rent. Section 3. No excise shall be imposed upon 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 is exempt under the provisions of Chapter 64G section 2 of the Massachusetts General Laws. Page 32 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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 Chapter 64G sections 3, 4, 5, 6 and 7A of the Massachusetts General Laws and shall be liable in the same manners as operators in Chapter 64G section 7B of the Massachusetts General Laws. Section 5. This act shall take effect upon its passage. ARTICLE 32 (Appropriation: Septic System Repair Financing Program) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow from the Massachusetts Water Pollution Abatement Trust or otherwise pursuant to any applicable statute, a sum of money for the purpose of financing the following water pollution facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation any costs thereof as defined in Chapter 29C section 1 of the Massachusetts General Laws. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Million Dollars ($2,000,000) is appropriated for the purpose of financing the following water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow Two Million Dollars ($2,000,000) and issue bonds or notes therefor under M.G.L. c.111, s.127B 1⁄2 and/or Chapter 29C of the General Laws; that project and financing costs shall be repaid by the property owners, in accordance with those agreements, but such bonds or notes shall be general obligations of the Town; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; and that the Board of Selectmen, or other appropriate local body or official is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the projects. Page 33 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 33 (Appropriation: Sewer Capital Debt Repayment) To see if the town will vote to appropriate a sum of money from the tax levy or other general revenues of the town to pay to the Sewer Enterprise Fund to cover the complete debt service payments applicable to loans from the State Revolving Fund for the construction of the Surfside and Siasconset Wastewater Treatment facilities, and further to see if the town will vote to meet this appropriation by raising and appropriating or transferring from available funds such sum of money, subject however, to a favorable vote of the town for a debt exclusion ballot question to exempt this amount from the limits upon taxes pursuant to Proposition 2 1/2 so-called (G. L. Ch. 59, s. 21C(k)), or take any other action related thereto. (Timothy M. Soverino, et al) FINANCE COMMITTEE MOTION: Moved that, commencing in the Fiscal Year beginning on July 1, 2012, at least 34 percent of the debt service required to pay for the bonds issued in order to design and construct the Surfside and Siasconset wastewater treatment plants as authorized pursuant to the vote taken under Article 17 of the 2006 Special Town Meeting, Article 4 of the April 12, 2005 Special Town Meeting; Article 14 of the April 14, 1997 Annual Town Meeting; Article 13 of the April 13, 1998 Annual Town Meeting; Article 1 of the January 8, 2001 Special Town Meeting; Article 13 of the April 9, 2001 Annual Town Meeting; and Article 15 of the April 8, 2002 Annual Town Meeting, be paid from the Sewer Enterprise Fund and that the balance of payments towards principal and interest (up to 66 percent) shall be covered by taxation and other general receipts of the Town, such reduction in the contribution from the Sewer Enterprise Fund being contingent upon the passage by ballot of a referendum question exempting this portion of the debt from the limitations on taxation imposed by proposition two and one half so called (G. L. c. 59, s. 21C); it being the intention of the Town that the debt service payments for the Surfside and Siasconset wastewater treatment plants be paid, to the maximum extent possible, from the Sewer Enterprise Fund and that such payments be raised through betterments and other assessments imposed by the Nantucket Sewer Commission on the users of the sewer system as authorized pursuant to Chapter 396 of the Acts of 2008. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 34 (Appropriation: Retroactive Military Payment) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer the Contractual Obligations line item of the FY2011 operating budget voted pursuant to Article 8 of the 2010 Annual Town Meeting, or from any other available funds, to fund the Act Relative to William J. Higgins, an Employee of the Town of Nantucket, for 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 Page 34 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions during the same period, as signed into law by the Governor of Massachusetts on July 29, 2010; or to take any other action related thereto. (Michael Wilson, et al) FINANCE COMMITTEE MOTION: Moved that Twenty-nine Thousand Five Hundred Thirty Nine Dollars and Forty-one Cents ($29,539.41) be transferred from Free Cash in the Treasury of the Town for the purpose to fund the “Act Relative to William J. Higgins, an Employee of the Town of Nantucket”, for 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 period, as signed into law by the Governor of Massachusetts on July 29, 2010. ARTICLE 35 (Appropriation: Construction and Roadway Taking Costs for Surfside Area Roads) To see if the Town of Nantucket will vote to amend the appropriation voted in Article 10 of the 2004 Annual Town Meeting Warrant as follows: to delete loans to be repaid by betterments as the source of funds for the appropriation and to substitute loans to be repaid from tax levy and other general revenues of the town, and further to see if the town will vote to amend the purposes of the appropriation voted in Article 10 of the 2004 Annual Town meeting so that the purpose of such appropriation shall be engineering, drainage, and construction including the development of plans, engineering services, title searches, damage awards, and administrative and construction costs, associated with the town's undertaking the statutory process for the laying out of roads, including funding the acquisition by purchase, gift, or take or acquire by eminent domain a fee title or lesser title interest (easement), pursuant to Chapters 79 and 82 of Mass. General Laws, of all or any portions of parcels of land related to certain private ways shown on Planning Board File No. 2244, dated October 26, 1981, shown as "Plan and Profile of Boulevard", "Plan and Profile of Lovers Lane", "Plan and Profile of Okorwaw Avenue""Plan and Profile of Surfview Drive" (currently known as Monohansett Road), prepared by John J. Shugrue, Inc., dated August 31, 1981, on file at the Nantucket Planning Board, 2 Fairgrounds Road, Nantucket, MA, as follows: Boulevarde - From its northwesterly intersection with Surfside Road to its southeasterly intersection with Lovers Lane; Lovers Lane - From its intersection with the Boulevarde running northerly to the intersection with Okorwaw Avenue; Okorwaw Avenue - From its intersection with Lovers Lane to its intersection with Monohansett Road; and Monohansett Road -From its intersection with Okorwaw Avenue to its intersection with Airport Road (FKA Macys Lane); Or take any other action thereto. (Christopher Magee, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 35 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The appropriation authorized at the 2004 Annual Town Meeting does not require a transfer to reappropriate for a Proposition 2½ debt exclusion override; however, a ballot vote is required in order to secure financing for this project. ARTICLE 36 (Appropriation and Authorization for Road Layouts and Takings) To see if the Town of Nantucket will vote to layout all or any portions of certain private ways, streets and roads as public ways of the Town of Nantucket, that are shown on Planning Board File No. 2244, dated October 26, 1981, shown on "Plan and Profile of Boulevard", "Plan and Profile of Lovers Lane", "Plan and Profile of Okorwaw Avenue", "Plan and Profile of Surfview Drive" (now known as Monohansett Road), prepared by John J. Shugrue, Inc., dated August 31, 1981, on file at the Nantucket Planning Board, 2 Fairgrounds Road, Nantucket, MA, as follows: Boulevarde - From its northwesterly intersection with Surfside Road to its southeasterly intersection with Lovers Lane; Lovers Lane - From its intersection with the Boulevarde running northerly to the intersection with Okorwaw Avenue; Okorwaw Avenue - From its intersection with Lovers Lane to its intersection with Monohansett Road; and Monohansett Road -From its intersection with Okorwaw Avenue to its intersection with Airport Road (FKA Macys Lane); And further to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain a fee title or lesser title interest (easement), pursuant to Chapters 79 and 82 of Mass. General Laws, of all or any portions of the land shown on as shown on said Layout Plans. And further 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 be spent by the Town Manager to carry out the foregoing, or to take any other action related thereto. (Christopher Magee, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 37 (Layout of Miller Lane) To see if the Town of Nantucket will vote to authorize the Board of Selectmen to layout and accept, pursuant to Chapter 82 of Mass. General Laws, an extension of a public way known as Miller Lane approximately 458 feet westerly of its current terminus as shown as Lot B-1 on the plan entitled "Review Plan to Show Proposed Redivision of Lot B/Miller Ln." prepared by Blackwell & Associates, Inc. dated September 25, 2008, subject to the following conditions as voted unanimously by the Planning Board at its December 11, 2008 meeting: Page 36 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 1. That the traveled surface of the proposed roadway be located to the greatest extent possible along the north side of the roadway layout; 2. That the traveled surface of the proposed roadway shall be constructed of Stabilized Gravel in accordance with the Planning Board requirements specified in the Rules and Regulations Governing the Subdivision of Land. 3. That the Petitioner and the Town establish an agreement which stipulates that the Petitioner will pay for utility and roadway installation and inspection; 4. That the Petitioner shall restrict the following lots to no further division:  Tax Assessor’s Map 68, Parcel 124, Land Court Plan 16514-G, Lot 46  Tax Assessor’s Map 68, Parcel 125, Land Court Plan 16514-G, Lot 45  Tax Assessor’s Map 28, Parcel 126, Land Court Plan 16514-G, Lot 44 The above referenced lots shall be permitted minor adjustments to lot shapes or configurations so long as the total number of buildable lots is not increased. Or take any other action related thereto. (Joan Bunting, et al) THE FINANCE COMMITTEE MOTION WILL BE PROVIDED AT TOWN MEETING. ARTICLE 38 (Appropriation: Plan and Construction of Tom Nevers Bike Lane) To see if the Town will vote to raise and appropriate funds or borrow the funds, pursuant to any applicable statutes, a sum of money for the Town Manager to expend for a professional engineering feasibility evaluation to design and implement a Bike Lane (on the east side) of Tom Nevers Road from the Milestone Bike Path to Tom Nevers fields (the old Navy Base) and to take any action pursuant to this end. (Pamela Bartlett, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: While this is a worthwhile project, it has yet to go through the Town’s established capital project review process. ARTICLE 39 (Appropriation: Mosquito Control) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds the sum of $100,000 to be spent by the Town Manager for the purpose of developing an island wide, comprehensive mosquito control program for Fiscal Year 2013, or to take any other action related thereto. (Charles E. Stott, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 37 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee recommends that the issue of mosquito control be referred to the Board of Health. Funding for a plan is simply not available in the current budget. ARTICLE 40 (Appropriation: Municipal Grant Writer) To see if the Town will vote to: Establish the position of Municipal Grant Writer who would be responsible for securing funds to enhance municipal programs and services, and for seeking additional operating monies to fund expenses associated with those municipal programs and services. Position will be responsible for research, development, networking and tracking the progress of each grant, sponsorship, and/or funds from beginning to end. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: While this may be a worthwhile investment of Town resources, not enough research or analysis has been conducted in order to make such a determination. ARTICLE 41 (Legal Costs Reimbursement) To see if the Town will vote to: To recoup monies expended in the legal defense of the Town and/or County of Nantucket against suits brought by third parties when Judgement is in favor of the Town and/or County of Nantucket, by requesting the County Commissioners, the Board of Selectmen and Town and County Administration to instruct Town Counsel to require a reimbursement-for-costs clause to be inserted into the legal filings answering all future legal suits brought against the Town and/or County of Nantucket. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The reimbursement of the expenses described in the Article is generally already a component of the Town’s response to or initiation of lawsuits, where appropriate. Page 38 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 42 (Proprietors of the Common and Undivided Land of the Islands of Nantucket/Trust of Henry Coffin: Trustees) To see if the Town will vote to authorize and instruct the Selectmen to call a meeting of the Proprietors of the Common and Undivided Land of the Islands of Nantucket at the earliest practicable moment for the purposes of: First, to elect Carl K. Borchert as a Trustee under the Trust of Henry Coffin for the property gifted to the Inhabitants of the Town of Nantucket, to replace Trustee Carl F. Borchert, late of Nantucket. Second, to act on and transact all other business that may legally come before said meeting pursuant to a duly noticed warrant. Further, to authorize the Town Manager to attend this meeting with full power by proxy to vote the shares owned by the Inhabitants of the Town in favor of the election of Carl K. Borchert, and to vote the shares with respect to the transaction of any other business. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 43 (Nantucket Memorial Airport Revenue) To see whether the Town will vote to undertake to make such applications, requests for releases of property of the Nantucket Memorial Airport, or other requests to the Federal Aviation Administration and the Aeronautics Division of the Massachusetts Department of Transportation or to take such other actions as may be necessary or appropriate to permit non-aviation revenue currently received by the Nantucket Memorial Airport to be used by the Town for non-airport purposes. (Clifford Williams, et al) FINANCE COMMITTEE MOTION: Moved to defer action on the Article. FINANCE COMMITTEE COMMENT: We encourage the Board of Selectmen and Finance Committee to examine other sources of revenue sharing involving the Airport. ARTICLE 44 (Real Estate: Expansion of Purpose on Landfill Site) To see if the Town will vote pursuant to Chapter 40 section 15A of the Massachusetts General Laws to transfer the following land, from the care, custody, management and control of the Board of Selectmen acting as the Board of Public Works (pursuant to Chapter 169 of the Acts of 1965 as amended by Chapter 459 by the Acts of 1987) for the purposes of a dump, sanitary landfill, and borrow pit to the Board of Public Works for the same purposes and the development of wind energy thereon: Page 39 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 39 14 188 Madaket Road 58 1 Massasoit Bridge Road 58 38 Madaket Road And subject to the provisions of Chapter 30B of the Massachusetts General Laws. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 44” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that pursuant to Chapter 40 section 15A of the Massachusetts General Laws the following land is transferred, from the care, custody, management and control of the Board of Selectmen acting as the Board of Public Works (pursuant to Chapter 169 of the Acts of 1965 as amended by Chapter 459 by the Acts of 1987) for the purposes of a dump, sanitary landfill, and borrow pit to the Board of Public Works for the same purposes and the development of wind energy thereon: Map Lot Number Street 39 14 188 Madaket Road 58 1 Massasoit Bridge Road 58 38 Madaket Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 44” dated January 2011. ARTICLE 45 (Appropriation: Construction of Wind Turbine(s) on Landfill Site) 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 be expended by the Town Manager with the approval of the Board of Selectmen, for professional services in connection with the design, permitting, construction, engineering, construction supervision and other related professional services for the construction of up to three (3) wind turbines on the following Town property: Map Lot Number Street 39 14 188 Madaket Road 58 1 Massasoit Bridge Road 58 38 Madaket Road Or to take any other action related thereto. Page 40 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: This project requires additional study and review. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion and recognizes that although much effort has already gone into this project, it is still a work in progress with additional studies, anlaysis and community input needed before bringing it to Town Meeting. ARTICLE 46 (Zoning Bylaw Amendment: Wind Energy Overlay District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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): 1. To amend section 12 as follows: § 139-12. Overlay Districts Flood Hazard FHD, Public Well Recharge PWR, Multifamily (MF), Neighborhood Employee Housing (NEHOD), Country Overlay District (COD) and Town Overlay District (TOD), Harbor Overlay District (HOD)., Multi-Family Overlay District (MFOD), and Village Height Overlay District (VHOD), and Wind Energy Overlay District (WEOD). L. Wind Energy Overlay District (WEOD). Notwithstanding the provisions of § 139-7, wind energy facilities may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. A. This section applies to new land based wind energy facilities and to physical modifications to existing land based facilities that materially alter the type, configuration, or size of such facilities or related equipment. B. General Requirements: a. Minor site plan review by the Planning Board for wind energy facilities only. No site plan review is required for meteorological towers. In addition to the minor site plan review requirements of this chapter, the following information shall also be included on the site plans: i. Outline of all existing structures, including purpose (e.g. residence, garage, commercial, etc.) for all structures located on the site and on lots within 500 feet of the site. A note indicating the distance from the wind energy facility to each structure shown shall also be included. ii. Any existing overhead utility lines. Page 41 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions iii. Documentation of the wind energy facility’s manufacturer and model, rotor diameter, tower height, and tower type (freestanding or guyed). iv. The name, address, and contact information of all applicants, property owners, and agents representing the applicant and/or owner. b. Certification of height approval from the FAA. c. An Operation and Management Plan for the facility, including maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind facility. C. The following setback requirements shall apply: a. Wind energy facilities shall be set back from all property lines a distance measured from the mean grade surrounding the support pad(s) to the tip of a blade in vertical position measured along the vertical axis of the tower. b. The Planning Board may, during minor site plan review, waive the above setback requirements based on site specific considerations. D. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant must submit documentation that this effect does not have a significant adverse impact on neighboring or adjacent uses. E. The wind energy facility shall conform with the provisions of the Department of Environmental Protection’s, Division of Air Quality Noise Regulations (310 CMR 7.10). F. The Building Inspector may cause the owner to remove the wind energy facility, including all appurtenances thereto, if the facility fails to generate electricity for one year or more. 2. To amend section 2 as follows, by inserting new definitions in alphabetical order: Wind Energy Facilities - All of the equipment, machinery, and structures together utilized to convert wind to electricity within the Wind Energy Overlay District (WEOD). 3. To amend section 4 as follows: G. The Wind Energy Overlay District (WEOD) includes the following parcels: Map Lot Number Street 39 14 188 Madaket Road 58 1 Massasoit Bridge Road 58 38 Madaket Road 4. To amend section 17B as follows: (7) Municipal wind energy facilities. Or to take any other action related thereto. (Board of Selectmen) Page 42 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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): 1. To amend section 12 as follows: § 139-12. Overlay Districts Flood Hazard FHD, Public Well Recharge PWR, Multifamily (MF), Neighborhood Employee Housing (NEHOD), Country Overlay District (COD) and Town Overlay District (TOD), Harbor Overlay District (HOD)., Multi-Family Overlay District (MFOD), and Village Height Overlay District (VHOD), and Wind Energy Overlay District (WEOD). L. Wind Energy Overlay District (WEOD). Notwithstanding the provisions of § 139-7, wind energy facilities may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. A. This section applies to new land based wind energy facilities and to physical modifications to existing land based facilities that materially alter the type, configuration, or size of such facilities or related equipment. B. General Requirements: a. Minor site plan review by the Planning Board for wind energy facilities only. No site plan review is required for meteorological towers. In addition to the minor site plan review requirements of this chapter, the following information shall also be included on the site plans: i. Outline of all existing structures, including purpose (e.g. residence, garage, commercial, etc.) for all structures located on the site and on lots within 500 feet of the site. A note indicating the distance from the wind energy facility to each structure shown shall also be included. ii. Any existing overhead utility lines. iii. Documentation of the wind energy facility’s manufacturer and model, rotor diameter, tower height, and tower type (freestanding or guyed). iv. The name, address, and contact information of all applicants, property owners, and agents representing the applicant and/or owner. b. Certification of height approval from the FAA. c. An Operation and Management Plan for the facility, including maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind facility. C. The following setback requirements shall apply: a. Wind energy facilities shall be set back from all property lines a distance measured from the mean grade surrounding the support pad(s) to the tip of a blade in vertical position measured along the vertical axis of the tower. Page 43 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions b. The Planning Board may, during minor site plan review, waive the above setback requirements based on site specific considerations. D. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant must submit documentation that this effect does not have a significant adverse impact on neighboring or adjacent uses. E. The wind energy facility shall conform with the provisions of the Department of Environmental Protection’s, Division of Air Quality Noise Regulations (310 CMR 7.10). F. The Building Inspector may cause the owner to remove the wind energy facility, including all appurtenances thereto, if the facility fails to generate electricity for one year or more. 2. To amend section 2 as follows, by inserting new definitions in alphabetical order: Wind Energy Facilities - All of the equipment, machinery, and structures together utilized to convert wind to electricity within the Wind Energy Overlay District (WEOD). 3. To amend section 4 as follows: G. The Wind Energy Overlay District (WEOD) is shown on a map entitled “2011 Town Meeting Warrant Article 44, 45, 46 Revised” dated February 2011. 4. To amend section 17B as follows: (7) Municipal wind energy facilities. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 47 (Sewer Map Change and Zoning Map Change: Island Lumber – RC-2 to VN and VR) 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 property at 1 Polpis Road (Assessor Map 54 Parcel 121), currently located in the Residential Commercial 2 (RC-2) district in the following zoning districts: Village Residential (VR): Lot 1 shown on the plan entitled “Land Use Development Study Island Lumber” prepared by Site Design Engineering, LLC dated July 28, 2010, containing 3.01± acres; and Village Neighborhood (VN): Lot 2 shown on the plan entitled “Land Use Development Study Island Lumber” prepared by Site Design Engineering, LLC dated July 28, 2010, containing 5.46± acres. Page 44 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 2. To amend Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket by adding property at 1 Polpis Road (Assessor Map 54 Parcel 121) to the Town Sewer District, as shown on a map entitled “2011 Annual Town Meeting Warrant Article 47” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing property at 1 Polpis Road (Assessor Map 54 Parcel 121), currently located in the Residential Commercial 2 (RC-2) district in the following zoning districts: Village Residential (VR): Lot 1 shown on the plan entitled “Land Use Development Study Island Lumber” prepared by Site Design Engineering, LLC dated July 28, 2010, containing 3.01± acres; and Village Neighborhood (VN): Lot 2 shown on the plan entitled “Land Use Development Study Island Lumber” prepared by Site Design Engineering, LLC dated July 28, 2010, containing 5.46± acres. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. FINANCE COMMITTEE MOTION: Moved that the Town take the following actions: 1. To amend Chapter 41 (Board of Sewer Commissioners), section 3A (Town Sewer District) of the Code of the Town of Nantucket as follows: A. Town Sewer District is shown on a map entitled “Nantucket Sewer Districts Town and Siasconset” prepared by the Town of Nantucket GIS Coordinator, dated April 20, 2010, as may be amended from time to time. The above referenced map incorporates the original sewer district map dated March 2004 as approved through Article 56 of the 2004 Annual Town Meeting and all amendments approved through the 2010 Annual Town Meeting. The Town Sewer District, projected to have a summer average daily flow capacity of 2,800,000 mgd, is serviced by the Surfside Wastewater Treatment Facility. an area outlined in blue on a map entitled, "Comprehensive Wastewater Management Plan, (Proposed) TOWN SEWER DISTRICT," with a summer average daily flow capacity of 2,800,000 mgd, dated March 2004, or as shown in an additional area outlined in blue on a supplemental map entitled "Article 43, 2007 Annual Town Meeting Additions to the Town Sewer District dated as of March 16, 2007, Nantucket, Massachusetts," which area is to be hereafter included in the Town Sewer District; and as shown in the additional area indicated on a map entitled "Article 38 - 2010 Annual Town Meeting Additions to the Town Sewer District dated as of November 5, 2009, Nantucket, MA"; and as shown in the additional area indicated on a map entitled "Article 40 - 2010 Annual Town Meeting Additions to the Town Sewer District dated as of November 5, 2009, Page 45 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Nantucket, MA," which area is to be hereafter included in the Town Sewer District, except the parcels outlined in magenta on Article 14 Supplemental Map 1 shall not be included in this district (on file in the office of the Board of Selectmen), within which all sewage shall be collected, transported to, treated by and disposed from the Surfside Wastewater Treatment Facility; 2. To amend the map entitled “Nantucket Sewer Districts Town and Siasconset” by adding property at 1 Polpis Road (Assessor Map 54 Parcel 121) to the Town Sewer District, as shown on a map entitled “2011 Annual Town Meeting Warrant Article 47 Map 2 – Sewer Map Change and Zoning Map Change: Island Lumber RC-2 to VN and VR” dated January 2011. ARTICLE 48 (Zoning Map Change: Surfside Road – RC-2 to CN and R-5) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial Neighborhood (CN) and Residential 5 (R-5) district: Map Lot Number Street 67 218 57 Surfside Road 67 219 59 Surfside Road All as shown on a plan entitled “Plan to Accompany Warrant Article 48 ATM 2011”, prepared by Blackwell & Associates, Inc. dated February 1, 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial Neighborhood (CN) and Residential 5 (R-5) district: Map Lot Number Street 67 218 57 Surfside Road 67 219 59 Surfside Road All as shown on a plan entitled “Plan to Accompany Warrant Article 48 ATM 2011”, prepared by Blackwell & Associates, Inc. dated February 1, 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Page 46 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 49 (Zoning Map Change: Miacomet Avenue) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 20 (R-20) district: Map Lot Number Street 81 156 100 Miacomet Avenue 81 157 99 Miacomet Avenue 2. By placing the following properties currently located in the Residential Commercial 2 (RC-2) and the Limited Use General 2 (LUG-2) district in the Residential 20 (R-20) district: Map Lot Number Street 66 122 90 Miacomet Avenue 81 3 102 Miacomet Avenue 81 5 94 Miacomet Avenue 81 4.2 98 Miacomet Avenue 81 158 104 Miacomet Avenue 81 159 100 Miacomet Avenue 3. By placing the following property currently located partially in the Residential Commercial 2 (RC-2) and partially in the Limited Use General 2 (LUG-2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 66 126 80 Miacomet Avenue All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 49 Miacomet Avenue” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Residential 20 (R-20) district: Map Lot Number Street 81 156 100 Miacomet Avenue 81 157 99 Miacomet Avenue Page 47 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 2. By placing the following properties currently located in the Residential Commercial 2 (RC-2) and the Limited Use General 2 (LUG-2) district in the Residential 20 (R-20) district: Map Lot Number Street 66 122 90 Miacomet Avenue 81 3 102 Miacomet Avenue 81 5 94 Miacomet Avenue 81 4.2 98 Miacomet Avenue 81 158 104 Miacomet Avenue 81 159 100 Miacomet Avenue 3. By placing the following property currently located partially in the Residential Commercial 2 (RC-2) and partially in the Limited Use General 2 (LUG-2) district in the Limited Use General 3 (LUG-3) district: Map Lot Number Street 66 126 80 Miacomet Avenue All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 49 Miacomet Avenue” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 50 (Zoning Map Change: Fairgrounds and Rugged Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General-2 (LUG- 2) district in the Residential-40 (R-40) district: Map Parcel Number Street 67 493 1 Rugged Road 67 492 64 Fairgrounds Road 67 491 66 Fairgrounds Road 67 490 68 Fairgrounds Road 67 171 70 Fairgrounds Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 50 Fairgrounds and Rugged Road” dated January 2011 on file at the Planning Office. Or, to take any other action as may be related thereto. (Board of Selectmen for Planning Board) Page 48 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Limited Use General-2 (LUG-2) district in the Residential-40 (R-40) district: Map Parcel Number Street 67 493 1 Rugged Road 67 492 64 Fairgrounds Road 67 491 66 Fairgrounds Road 67 490 68 Fairgrounds Road 67 171 70 Fairgrounds Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 50 – Zoning Map Change: Fairgrounds and Rugged Road” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 51 (Zoning Map Change: Surfside – Nobadeer Avenue, Surfside Road, Weweeder Avenue, Atlantic Avenue, and Masaquet Avenue) 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 20 (R-20) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 80 35 9 Nobadeer Avenue 80 36 149 Surfside Road 2. 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 37 4 Nobadeer Avenue 80 38 1 Weweeder Avenue 80 219.2 Atlantic Avenue 80 102 4 Weweeder Avenue 80 102.1 6 Weweeder Avenue All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 51 Surfside” dated January 2011 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 49 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. By placing the following properties currently located in the Residential 20 (R-20) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 80 35 9 Nobadeer Avenue 80 36 149 Surfside Road 2. 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 37 4 Nobadeer Avenue 80 38 1 Weweeder Avenue 80 219.2 Atlantic Avenue 80 102 4 Weweeder Avenue 80 102.1 6 Weweeder Avenue All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 51 Surfside” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 52 (Zoning Map Change: Hummock Pond) 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 Limited Use General 2 (LUG-2) district: Map Lot Number Street 66 132 (a portion of) Bartlett Farm Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 36 167 Hummock Pond Road 65 38 165 Hummock Pond Road 65 13 166 Hummock Pond Road 65 13.1 164 Hummock Pond Road Page 50 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 3. 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 66 28 159 Hummock Pond Road 65 1.1 171R Hummock Pond Road 4. By placing the following properties currently located in the Residential 20 (R-20) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 1 (a portion of) 171 Hummock Pond Road 5. By placing the following properties currently located in the Limited Use General 3 (LUG-3) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 1 (a portion of) 171 Hummock Pond Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 52 Hummock Pond” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by taking the following actions: 1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Limited Use General 2 (LUG-2) district: Map Lot Number Street 66 132 (a portion of) Bartlett Farm Road 2. By placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 36 167 Hummock Pond Road 65 38 165 Hummock Pond Road 65 13 166 Hummock Pond Road 65 13.1 164 Hummock Pond Road 3. 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 51 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Map Lot Number Street 66 28 159 Hummock Pond Road 65 1.1 171R Hummock Pond Road 4. By placing the following properties currently located in the Residential 20 (R-20) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 1 (a portion of) 171 Hummock Pond Road 5. By placing the following properties currently located in the Limited Use General 3 (LUG-3) district in the Village, Trade, Entrepreneurship and Craft (VTEC) district: Map Lot Number Street 65 1 (a portion of) 171 Hummock Pond Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 52 –Zoning Map Change: Hummock Pond” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 53 (Zoning Map Change: Split Zoning District Correction – Wauwinet/Squam) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing portions of the following properties currently located in the Limited Use General 1 (LUG-1) district in the Residential 1 (R-1) district: (Portion of) Assessor Map 12 Parcel 39 111 Squam Road (Portion of) Assessor Map 12 Parcel 60.1 107 Squam Road Or to take any other action related thereto. (Gregory McKechnie, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing portions of the following properties currently located in the Limited Use General 1 (LUG-1) district in the Residential 1 (R-1) district: (Portion of) Assessor Map 12 Parcel 39 111 Squam Road (Portion of) Assessor Map 12 Parcel 60.1 107 Squam Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 53 – Zoning Map Change: Split Zoning District Correction Wauwinet/Squam” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Page 52 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 54 (Zoning Map Change: Bartlett Road) To see if the Town will vote to: Rezone 39 Bartlett Rd, Parcell 66-16 from R-20 to R10, and to amend the Zoning Map accordingly, or to take any other action related There To. (Robert Walsh, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing an eastern portion of the following property containing approximately 10,500 square feet, currently located in the Residential-20 (R-20) district into the Residential-10 (R-10) district: Map Lot Number Street 66 17 (a portion of) 39 Bartlett Road As shown on the map entitled “2011 Annual Town Meeting Warrant Article 54 Revised” dated February 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 55 (Zoning Map Change: Howard, Gardner, Main Streets) 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-1 (R-1) district in the Residential-Old Historic (ROH) district or take other action relative thereto: Map Parcel Number Street 42.3.3 53 7 Howard Street 42.3.3 54 9 Howard Street 42.3.3 56 8 Gardner Street 42.3.3 55 4 Gardner Street 42.3.3 105 113 Main Street 42.3.3 106 1 Howard Street 42.3.3 107 3 Howard Street 42.3.3 108 5 Howard Street 42.3.3 148 111 Main Street 42.3.3 149 2 Gardner Street 42.3.3 150 109 Main Street 42.3.3 151.1 107A Main Street 42.3.3 151.2 107B Main Street (Marianne Hanley, et al) Page 53 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential-1 (R-1) district in the Residential-Old Historic (ROH) district or take other action relative thereto: Map Parcel Number Street 42.3.3 53 7 Howard Street 42.3.3 54 9 Howard Street 42.3.3 56 8 Gardner Street 42.3.3 55 4 Gardner Street 42.3.3 105 113 Main Street 42.3.3 106 1 Howard Street 42.3.3 107 3 Howard Street 42.3.3 108 5 Howard Street 42.3.3 148 111 Main Street 42.3.3 149 2 Gardner Street 42.3.3 150 109 Main Street 42.3.3 151.1 107A Main Street 42.3.3 151.2 107B Main Street All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 55 – Zoning Map Change: Howard, Gardner, and Main Streets” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 56 (Zoning Change: Swift Rock Road – LUG-2 to LUG-1) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG- 2) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 40 34 6 Swift Road Road 40 35 8 Swift Road Road 40 36 10 Swift Road Road 40 37 12 Swift Road Road 40 38 14 Swift Road Road 40 39 16 Swift Road Road 40 67 5 Swift Road Road 40 68 7 Swift Road Road 40 69 9 Swift Road Road 40 70 11 Swift Road Road 40 71 13 Swift Road Road 40 72 15 Swift Road Road Page 54 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “2011 Annual Town Meeting Warrant Article Swift Rock Road – LUG-2 to LUG-1” dated November 2010 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Ronald K. Bamber, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Limited Use General 1 (LUG-1) district: Map Lot Number Street 40 34 6 Swift Rock Road 40 35 8 Swift Rock Road 40 36 10 Swift Rock Road 40 37 12 Swift Rock Road 40 38 14 Swift Rock Road 40 39 16 Swift Rock Road 40 67 5 Swift Rock Road 40 68 7 Swift Rock Road 40 69 9 Swift Rock Road 40 70 11 Swift Rock Road 40 71 13 Swift Rock Road 40 72 15 Swift Rock Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 56 – Zoning Change: Swift Rock Road LUG-2 to LUG-1” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 57 (Zoning Change: First Way, Backus Lane, Allen's Way, Third, Fourth and Fifth Way -- R-10 to R-1) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential-10 (R-10) district into the Residential-1 (R-1) district: Map Lot Number Street 55 625 0 Backus Lane 55 628 17 Backus Lane 55 627 21 Backus Lane 55 626 23, 25 Backus Lane 55 99.1 12 First Way 55 99 14 First Way Page 55 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 67 17 21 Allen’s Way 67 18 21 Allen’s Way 67 125 24 Allen’s Way 67 124 25 Allen’s Way 67 126 26 Allen’s Way 67 267 27 Allen’s Way 67 268 28 Allen’s Way 67 266 29 Allen’s Way 67 269 30 Allen’s Way 67 123 8 Fourth Way 67 269 3 Fifth Way 67 264 4 Fifth Way 67 122 7 Fifth Way 67 265 8 Fifth Way 67 783 10 Fifth Way 67 21, 22, 23 35 Hooper Farm Road 67 128 37 Hooper Farm Road 67 127 39 Hooper Farm Road 67 271 41 Hooper Farm Road 67 270 43 Hooper Farm Road 67 263 45 Hooper Farm Road 67 262 47 Hooper Farm Road All as shown on a map entitled "2011 Annual Town Meeting Warrant Article First Way, Backus Lane, Allen's Way, Third, Fourth and Fifth Way – R-10 to R-1" dated November 23, 2010 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Megan B. Valero, et al) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket be amended by placing the following properties currently located in the Residential-10 (R- 10) district into the Residential-1 (R-1) district: Map Lot Number Street 55 625 0 Backus Lane 55 628 17 Backus Lane 55 627 21 Backus Lane 55 626 23, 25 Backus Lane 55 99.1 12 First Way 55 99 14 First Way 67 17 21 Allen’s Way 67 18 21 Allen’s Way 67 125 24 Allen’s Way 67 124 25 Allen’s Way 67 126 26 Allen’s Way Page 56 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 67 267 27 Allen’s Way 67 268 28 Allen’s Way 67 266 29 Allen’s Way 67 269 30 Allen’s Way 67 123 8 Fourth Way 67 269 3 Fifth Way 67 264 4 Fifth Way 67 122 7 Fifth Way 67 265 8 Fifth Way 67 783 10 Fifth Way 67 21, 22, 23 35 Hooper Farm Road 67 128 37 Hooper Farm Road 67 127 39 Hooper Farm Road 67 271 41 Hooper Farm Road 67 270 43 Hooper Farm Road 67 263 45 Hooper Farm Road 67 262 47 Hooper Farm Road All as shown on a map entitled "2011 Annual Town Meeting Warrant Article First Way, Allen's Way, Third, Fourth and Fifth Way – R-10 to R-1 Revised" dated February 2011. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 58 (Zoning Bylaw Amendment: Swimming Pools) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as italicized 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): 1. To amend section 2, as follows, with new definitions to be inserted alphabetically: STRUCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground. "Structure" shall be construed, where the context allows, as though followed by the words "or part thereof" and shall include, but not be limited to, buildings, retaining walls which support buildings, platforms, steps, antenna towers, steel storage containers, lighthouses, docks, decks, chimneys, in or above ground swimming pools containing 1,000 gallons or more, tents, and game courts. "Structure" shall not include retaining walls not exceeding four feet in height for landscaping purposes, fences, rubbish bins, and a maximum of two above ground propane tanks not to exceed 120 gallons each. Page 57 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions SWIMMING POOL – COMMERCIAL: A structure designed to be used for recreational purposes, either above or below grade, containing water more than 24 inches in depth and exceeding150 square feet of water surface area, or exceeding 1,000 gallons. This shall not include ornamental ponds, decorative water features including, but not limited to fountains, bird baths, and the like. The swimming pool may be a primary use or accessory use to a club, recreational facility, transient residential facility, yacht/sailing club, or other commercial use as identified in §139-7A. SWIMMING POOL - RESIDENTIAL: A structure designed to be used for recreational purposes, either above or below grade, containing water more than 24 inches in depth and exceeding150 square feet of water surface area, or exceeding 1,000 gallons. This shall not include ornamental ponds, decorative water features including, but not limited to fountains, bird baths, and the like. The swimming pool must be located on the same or contiguous lot as a residential dwelling or constructed for the benefit of a group of residences, such as a multi-family development, subdivision, or in conjunction with a neighborhood association. 2. To amend section 7A, by adding “Swimming Pool” as a use to the Residential and “Other” sections of the Use Chart. All other uses contained in section 139-7A will not be modified, therefore they are not shown in this article. Town Residential Districts Use R-1 SR-1 ROH SOH R- 5 R-10 SR-10 R-20 SR-20 R- 40 Primary dwelling Y Y Y Y Y Y Secondary dwelling Y Y Y Y Y Y Accessory apartment Y Y Y Y Y Y Apartment N N N N N N Garage Apartment Y Y Y Y Y Y Duplex Y R-1 N SR-1 N Y Y R-10 N SR-10 N N Elder housing facilities SP SP SP SP SP SP Studio A A A A A A Swimming Pool - Residential A N A A A A Home Occupations Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Preservation of a lot in its natural condition Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Farms Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 Y Y Y Y Y Y Residential Other Page 58 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Cemeteries Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Tents Y Y Y Y Y Y Day-care center Y Y Y Y Y Y Kennel SP SP SP SP SP SP Public stable SP SP SP SP SP SP Employer dormitory SP SP SP SP SP SP Swimming Pool - Commercial N N N N N N Recreational facilities SP SP SP SP SP SP Club N N N SP SP SP Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC Primary dwelling A A A Y N Y Y Y Secondary dwelling Y N N N N Y Y Y Accessory apartment Y Y Y Y N Y Y Y Apartment Y Y Y N N N N N Garage Apartment Y Y Y Y Y Y Y Y Duplex Y Y A Y N Y Y Y Elder housing facilities N SP N N N SP SP SP Studio Y Y Y Y N Y Y Y Swimming Pool - Residential A A A A N A A A Home Occupations Y Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Y Preservation of a lot in its natural condition Y Y Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 Y Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Y Day-care center Y Y Y Y Y Y Y Y Kennel SP SP SP SP SP SP SP SP Public stable SP SP SP SP SP SP SP SP Employer dormitory SP SP SP SP SP SP SP SP Swimming Pool - Commercial N SP/A SP/A A N SP/A SP/A SP/A Recreational facilities SP SP SP SP SP SP SP SP Club Y Y Y Y N Y Y Y Residential Other Page 59 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Country Residential Districts Country Commercial Districts Use V- R LUG-1 LUG-2 LUG-3 MMD VN VTEC Primary dwelling Y Y Y Y Y A A Secondary dwelling Y Y Y Y Y N N Accessory apartment Y Y Y Y Y Y Y Apartment N N N N N N N Garage Apartment Y Y Y Y Y Y Y Duplex N N N N N N N Elder housing facilities SP SP SP SP N N N Studio A A A A A Y Y Swimming Pool - Residential A A A A SP A A Home Occupations Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Preservation of a lot in its natural condition Y Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Day-care center (add definition in 139-2) Y Y Y Y Y Y Y Kennel SP SP SP SP SP SP SP Public stable SP SP SP SP SP SP SP Employer dormitory SP SP SP SP SP SP SP Swimming Pool - Commercial A A A A N A A Recreational facilities SP SP SP SP SP SP SP Club N SP SP SP N SP SP And/Or 3. To allow residential swimming pools by special permit notwithstanding the prohibitions in 7A, provided that certain dimensional standards can be met and subject to specific findings to be made by the special permit granting authority. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Article be referred to the Planning Board for further study. Residential Other Page 60 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD COMMENT: The Planning Board feels that the changes proposed in this article are controversial and deserve a more thorough review. Based on the discussion regarding Article 55 at the 2010 Annual Town Meeting, the Planning Board conducted a survey of the property owners in the ROH and SOH districts. The responses indicate that property owners want significantly more restrictions/prohibitions on swimming pools. The Board feels that a special permit allowance should be developed with input from property owners, installation professionals, and public officials and staff. We propose a work group modeled on the work group that considered fertilizer use in relation to Article 68 at the 2010 Annual Town Meeting. This group would develop appropriate standards and report to the Planning Board for an article at a future Town Meeting. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 59 (Zoning Bylaw Amendment: Parking Structures) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows, or take any other action related thereto: 1. by amending §139-2 by adding the following new definition PARKING STRUCTURE- a building or part thereof which is designed specifically for automobile parking and where there are one or more floors or levels on which parking takes place; does not include a garage accessory to a single family residence. and 2. by amending Chapter 139-11 (Major Commercial Developments) by adding the following new §139-11.L.: L. Limits on parking structures. Parking structures shall be allowed only in the Mid-Island Planned Overlay District (MIPOD) and the Commercial Industrial Zoning District (CI) only by grant of a special permit by the Planning Board. and 3. by amending the Use Chart as follows: by deleting, under “Commercial Industrial” the use “Motor vehicle parking lots or structures” and replacing with “Motor vehicle parking lots” and Page 61 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions by adding the following new use under “Commercial Industrial” “Parking structures” [with designations showing allowed only by special permit only in MIPOD and CI] (Grant Sanders, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. PLANNING BOARD COMMENT: The intent of this Article is in direct conflict with Board of Selectmen and Nantucket Planning and Economic Development Commission goals of developing options for a downtown parking system, including the Wilkes Square redevelopment project. The Board feels that this Article is premature as there are no pending proposals including a parking garage with detailed information for review. Furthermore, the Article forecloses on options that may be worthy of consideration and public discussion. In addition, the proposed bylaw changes are technically flawed and are in conflict with other bylaw sections, zoning district references, and overall bylaw organization and structure. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 60 (Zoning Bylaw Amendment: Lot Area) To see if the Town of Nantucket will amend the Nantucket Zoning Bylaw Chapter 139 by inserting the highlighted text and deleting the text indicated by strikethrough as following: LOT AREA The horizontal area of the lot exclusive of any area in a street or private way open to the public use or land seaward of the mean high tide line of any harbor, sound, ocean or estuary. In addition, for any lot which was in common ownership with any abutting land on November 14, 1990, and is therefore conveyed into separate ownership 90% of the minimum lot area required for the zoning district in which such lot is situated must be exclusive of areas subject to the protection under the Wetlands Protection Act, MGL c. 131, § 40 and the Town of Nantucket Wetlands Bylaw Chapter 136, not including areas defined as subject only to flooding land subject to coastal storm flowage, coastal flooding or inundation or any area defined as a buffer zone under such statute. At the time of endorsement of any plan endorsed under the Subdivision Control Law after November 14, 1990, the Planning Board shall make a permanent and conclusive determination as to each lot’s area pursuant to this definition for the purposes of determining zoning of lots. (Cormac Collier, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Page 62 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Town of Nantucket, section 2, be amended as follows (NOTE: new language is shown as italicized 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): LOT AREA The horizontal area of the lot exclusive of any area in a street or private way open to the public use or land seaward of the mean high tide line of any harbor, sound, ocean or estuary. For any lot created after November 14, 1990, 90% of the minimum lot area required for the zoning district in which such lot is situated must be exclusive of areas subject to the protection under the Wetlands Protection Act, MGL c. 131, § 40, not including areas defined as land subject to coastal storm flowage, coastal flooding or inundation, or any area defined as a buffer zone under such statute. In addition, for any lot created after April 5, 2011, the wetlands defined in the local wetlands Bylaw, Chapter 136 of the Code of the Town of Nantucket, shall also apply, not including areas defined as land subject to coastal storm flowage, coastal flooding or inundation, or any area defined as a buffer zone under such statute. In addition, for any lot which was in common ownership with any abutting land on November 14, 1990, and is thereafter conveyed into separate ownership 90% of the minimum lot area required for the zoning district in which such lot is situated must be exclusive of areas subject to the protection under the Wetlands Protection Act, MGL c. 131, § 40, not including areas defined as subject only to flooding or any area defined as a buffer zone under such statute. At the time of endorsement of any plan endorsed under the Subdivision Control Law Editor's Note: See MGL c. 41, § 81K et seq. after November 14, 1990, the Planning Board shall make a permanent and conclusive determination as to each lot's area pursuant to this definition for the purposes of determining zoning of lots. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 61 (Zoning Bylaw Amendment: Accessory Use - VTEC) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7A, VTEC, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): 1. To amend the use chart to allow the following prohibited uses as an accessory use in the VTEC district: Convenience store and Bicycle rental or sale. Or, to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7A, VTEC, be amended as follows (NOTE: new language is Page 63 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): 1. To amend the use chart to allow the following prohibited uses as an accessory use in the VTEC district: Convenience store and Bicycle rental or sale. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 62 (Zoning Bylaw Amendment: VTEC) To see if the Town will vote to: Amend the zoning by-law 139-7A USE CHART by deleting (SP) –For (Club) under VTEC Under the column of VTEC replace with (N) Explanation: (this article would remove newly created private clubs in areas zoned VTEC VTEC applies to two areas: Madaket Marine property and property located at the end of Appleton Road. Both these sights are surrounded by Residential neighborhoods. This is considered country area, away from town limits. For areas zoned VTEC in the future, existing Clubs will be grandfathered-but new ones will not be allowed to be established.) (Leslie B. Johnson, et al) PLANNING BOARD MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 63 (Zoning Bylaw Amendment: Secondary Lots) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 8D, 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): (2)… (e) The minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Page 64 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 (f) The primary lot and the secondary lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning district, with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. The Planning Board may waive the setback requirements only as they apply to the lot line(s) between the primary and secondary lot. (g) The primary lot and the secondary lot each must have a minimum of 20 feet of frontage or an easement of sufficient width and grade to provide access. (h) Neither tThe primary lot nor and the secondary lot shall have a separate vehicular access driveway, but shall share a single access driveway access. to a roadway. No more than one primary lot and one secondary lot shall share a single access driveway with any other primary lot or secondary lot. The Planning Board must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. (i) Where a primary lot and a secondary lot derive from the same original lot, the relationship of the dwelling situated on that primary lot and the dwelling situated on that secondary lot shall be maintained in accordance with the intent of § 139- 2, in addition to the specific requirements of § 139-2 with regard to the use and appearance of those respective dwellings. Page 65 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (j) A certificate of appropriateness required in § 139-26C(1) of the Code of the Town of Nantucket shall be an application requirement for a special permit under this § 139-8D. (3) This § 139-8D shall not apply to major commercial developments (§ 139-11); cluster developments (§ 139-8A); major residential developments (§ 139-8B); and are not permitted in the following zoning districts: Commercial Downtown (CDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special Our Island Home (OIH); and Assisted/Independent Living Community District (ALC). (4) The Planning Board may grant a special permit for the division of a duplex into two attached single family dwellings provided that one of the dwellings is subject to a NHNC covenant. Subsections (e) and (f) above shall not apply and the Planning Board shall establish minimum lot size, ground cover ratio, and setbacks during the special permit review. Ground cover ratios for the primary and secondary lot combined shall not exceed the maximum allowed in the underlying zoning district. (4) (5) § 139-16D, Regularity formula, shall not apply to this § 139-8D. (5) No more than 12 secondary lots may be approved by the Planning Board within each calendar year, of which no more than two shall be approved for a single applicant. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 8D, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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): (2)… (e) The minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 Page 66 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-3 120,000 35,000 85,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 (f) The primary lot and the secondary lot shall comply with the ground cover, front setback, side setback and rear setback requirements of the underlying zoning district, with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. The Planning Board may waive the setback requirements only as they apply to the lot line(s) between the primary and secondary lot. (g) The primary lot and the secondary lot each must have a minimum of 20 feet of frontage or an easement of sufficient width and grade to provide access. (h) Neither tThe primary lot nor and the secondary lot shall have a separate vehicular access driveway, but shall share a single access driveway access. to a roadway. No more than one primary lot and one secondary lot shall share a single access driveway with any other primary lot or secondary lot. The Planning Board must be provided with an instrument, in recordable form, evidencing the common access rights to said access in accordance with this subsection. (i) Where a primary lot and a secondary lot derive from the same original lot, the relationship of the dwelling situated on that primary lot and the dwelling situated on that secondary lot shall be maintained in accordance with the intent of § 139- 2, in addition to the specific requirements of § 139-2 with regard to the use and appearance of those respective dwellings. (j) A certificate of appropriateness required in § 139-26C(1) of the Code of the Town of Nantucket shall be an application requirement for a special permit under this § 139-8D. Page 67 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (3) This § 139-8D shall not apply to major commercial developments (§ 139-11); cluster developments (§ 139-8A); major residential developments (§ 139-8B); and are not permitted in the following zoning districts: Commercial Downtown (CDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special Our Island Home (OIH); and Assisted/Independent Living Community District (ALC). (4) The Planning Board may grant a special permit for the division of a duplex into two attached single family dwellings provided that one of the dwellings is subject to a NHNC covenant. Subsections (e) and (f) above shall not apply and the Planning Board shall establish minimum lot size, ground cover ratio, and setbacks during the special permit review. Ground cover ratios for the primary and secondary lot combined shall not exceed the maximum allowed in the underlying zoning district. (4) (5) § 139-16D, Regularity formula, shall not apply to this § 139-8D. (5) No more than 12 secondary lots may be approved by the Planning Board within each calendar year, of which no more than two shall be approved for a single applicant. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 64 (Zoning Bylaw Amendment: Technical Corrections/Miscellaneous) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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): 1. To amend section 2 as follows: CONSTRUCTION – The act of constructing. CPI – The index now known as the "Consumer Price Index" for all urban consumers as established by the United States Department of Labor Bureau of Labor Statistics or if discontinued or modified, a comparable index established by said agency or its successor. GARAGE APARTMENT – A dwelling unit located within a detached residential or commercial garage. The dwelling unit shall not exceed 150% of the gross floor area of the garage. A garage apartment may be either a primary or secondary dwelling unit. If located on the same lot as a primary dwelling unit, the following requirements shall be applicable: Page 68 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (a) 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 primary dwelling and garage apartment on the lot shall not be deemed to constitute “the same legal and beneficial ownership.” (b) 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. PRIMARY DWELLING – A detached single-family dwelling unit or the portion of a structure that contains a single dwelling unit. A primary dwelling may contain an attached garage. 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. The secondary dwelling may contain an attached garage. The primary and secondary dwelling must be separated by a minimum distance of 10 feet, measured at grade at the closest point between the dwellings; excluding retaining walls, window wells, platforms, decks, and steps, chimneys, bulkheads, bay windows, bow windows, roof eaves and overhangs, air conditioning units, a maximum of two above ground fuel tanks not to exceed 120 gallons each, 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… SIGN – Includes any structure, device, letter, word, model, banner, pennant, insignia, trade flag or representation used as or which is in the nature of an advertisement, announcement or direction. 2. To amend section 8D(2)(e) as follows: The minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 Page 69 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-40 40,000 15,000 25,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 VR 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 R-5 5,000 2,000 3,000 3. To amend section 18A by striking the existing language in its entirety and replacing with the following: A. No land shall be used and no building or structure shall be erected, enlarged or used unless the off-street parking space requirements are met as specified in this § 139-18. (1) For the purpose of this § 139-18, an enlargement of any building or a change in use of a building, which increases the parking requirements beyond what currently exists, shall require the provision of off-street parking for the existing building as if it were newly constructed. (2) Where the computation of required parking space results in a fractional number, only the fraction of .50 or more shall be counted as one. (3) Head-in, ninety-degree parking spaces and forty-five degree parking spaces shall not be less than 9 feet in width and 20 feet in length. The required length for parallel parking spaces shall not be less than 23 feet. For residential parking only, Page 70 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions one required parking space may be reduced to a minimum dimension of 7 feet in width and 17 feet in length. (4) Stacked or tandem parking spaces are allowed for residential uses only, provided that no more than four spaces are so arranged in this manner. Only one tandem parking space or part thereof, per row, shall be allowed within the front yard setback. Tandem spaces shall be subject to § 139-20.1B(2)(h) and shall not extend for greater than two spaces in depth or width as illustrated in Plate 3.1 below. (5) Aisle Width. For lots containing one or more commercial uses, aisle width shall not be less than 24 feet for ninety-degree parking, 15 feet for forty-five-degree parking (angle shall be measured between center line of parking space and center line of aisle), and 12 feet for parallel parking. Aisle width requirements shall not apply to residential uses except for lots containing multi-family or duplex dwelling units, in which case a minimum aisle width of 12 feet shall apply for ninety-degree, forty-five degree, and parallel parking. (6) When one building is used for more than one use, parking requirements shall be computed for each use. (7) Required off-street parking spaces shall be provided on the same lot as the principal or accessory use they are required to serve. 4. To amend section 21E as follows: (4) If electromagnetic interference is caused by the installation of a WECS, the installation shall be deemed a public nuisance in violation of § 139-7F 139-7B of this chapter. The violation shall be corrected within 90 days from the date of notification. If Traveled Way Plate 3.1 - Illustration of Tandem Space Standards **NOT DRAWN TO SCALE** Front Yard Setback Dw elling 24' M aximum Width Property Line Curb 15' M aximum WidthApron Note: Only two tandem parking spaces can be located within the frontyard setback. Page 71 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions the electromagnetic interference cannot be remedied, the WECS shall be removed or relocated. 5. To amend section 29A(3) as follows: The Chairman of the Board of Appeals may designate any associate member to sit on the Board of Appeals in case of absence, inability to act or conflict of interest on the part of any member thereof or, in the event of a vacancy, until said vacancy is filled as provided in this § 139-28A. 139-29A. 6. To amend section 30A as follows: The special permit granting authority shall be the Board of Appeals for all special permits, except those special permits for which the Planning Board is specifically designated by any provision of this chapter as the special permit granting authority. In instances where all or any portion of a project involves an special permit application to the Planning Board for a as special permit granting authority for major residential developments pursuant to § 139-7F8B, for cluster developments pursuant to § 139- 7B8A, for mixed-income residential developments pursuant to § 139-7I, for special permitted developments certain uses in the Wellhead Recharge District pursuant to § 139-12B, for special permitted developments in the Moorlands Management District pursuant to § 139-13, or WECS installations pursuant to § 139-21C, and for multifamily dwellings pursuant to § 139-812J., and for assisted-living facilities pursuant to § 139- 14C and elder housing facilities in the Limited Commercial District, the Planning Board shall serve as the special permit granting authority for all other special permits required in connection with such project 7. To amend section 30D(1) as follows: Applications for special permits, together with any supporting materials, may be referred by the special permit granting authority to any of the following Nantucket boards, commissions, departments, workgroups, and officers for their review, individually or jointly, and comment., forthwith upon receipt of the application by the Board of Appeals: Board of Health Superintendent of Public Works Nantucket Planning and Economic Development Commission Fire Chief Conservation Commission Historic District Commission Traffic Safety Committee Board of Selectmen 8. To amend section 32D(1) as follows: Applications for variances, together with any supporting materials, may be referred by the Board of Appeals to any of the following Nantucket boards, commissions, Page 72 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions departments, workgroups, and officers for their review, individually or jointly, and comment., forthwith upon receipt of the application by the Board of Appeals: Board of Health Superintendent of Public Works Nantucket Planning and Economic Development Commission Fire Chief Conservation Commission Historic District Commission Traffic Safety Committee Board of Selectmen 9. To amend section 33A(3)(a) as follows: Except where the Zoning Enforcement Officer or the permit granting authority determines or finds that a special permit is issued finding that the alteration, reconstruction, extension or structural change to a single- or two-family residential structure does not increase the its nonconforming nature of said structure. 10. To delete section 33E(1) in its entirety and replace existing language in 33E with the following: In addition to the provisions of MGL c. 40A, § 6, as may be amended from time to time, any increase in area, frontage, width, yard or depth requirements shall not prohibit an unimproved lot from being built upon for single- and two-family residential purposes, provided that: either at the time of recording or endorsement of such lot, whichever occurred sooner, such lot was not held in common ownership with any adjoining land and conformed to then-existing Zoning Bylaw requirements, and now has less than the present requirements of area or frontage and has a frontage of not less than 20 feet or the benefit of an appurtenant easement providing a means of access for vehicles and utilities to and from a public street. 11. To amend section 33E(3) as follows: For a lot within the provisions of this § 139-33E, the side yard and rear yard setbacks shall be as required by § 139-16A above, except that for lots held in ownership separate from adjoining land at all times since prior to July 27, 1992 for the following… 12. To delete section 33E(4) in its entirety. 13. To delete sections 33F-K in their entirety. 14. To amend section 34 as follows: A. This chapter may, from time to time, be amended changed by amendment, such amendment initiated by the submission of the change to the Board of Selectmen, by the Board of Selectmen, by the Board of Appeals, by an individual owning land to be Page 73 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions affected by the change, by request of registered voters of the Town pursuant to MGL c. 39, § 10, or by the Planning and Economic Development Commission. and MGL c. 40A, § 5. B. Proposed amendments shall be submitted by the Board of Selectmen to the Planning Board for review, public hearing, report to Town Meeting and ultimate vote by Town Meeting pursuant to MGL c. 40A, § 5. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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): 1. To amend section 2 as follows: CONSTRUCTION – The act of constructing. CPI – The index now known as the "Consumer Price Index" for all urban consumers as established by the United States Department of Labor Bureau of Labor Statistics or if discontinued or modified, a comparable index established by said agency or its successor. GARAGE APARTMENT – A dwelling unit located within a detached residential or commercial garage. The dwelling unit shall not exceed 150% of the gross floor area of the garage. A garage apartment may be either a primary or secondary dwelling unit. If located on the same lot as a primary dwelling unit, the following requirements shall be applicable: (c) 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 primary dwelling and garage apartment on the lot shall not be deemed to constitute “the same legal and beneficial ownership.” (d) 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. Page 74 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions PRIMARY DWELLING – A detached single-family dwelling unit or the portion of a structure that contains a single dwelling unit. A primary dwelling may contain an attached garage. 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. The secondary dwelling may contain an attached garage. The primary and secondary dwelling must be separated by a minimum distance of 10 feet, measured at grade at the closest point between the dwellings; excluding retaining walls, window wells, platforms, decks, and steps, chimneys, bulkheads, bay windows, bow windows, roof eaves and overhangs, air conditioning units, a maximum of two above ground fuel tanks not to exceed 120 gallons each, 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… SIGN – Includes any structure, device, letter, word, model, banner, pennant, insignia, trade flag or representation used as or which is in the nature of an advertisement, announcement or direction. 2. To amend section 8D(2)(e) as follows: The minimum area for the original lot, the primary lot and the secondary lot shall be as follows: Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-40 40,000 15,000 25,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 VR 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 Page 75 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 R-5 5,000 2,000 3,000 3. To amend section 18A by striking the existing language in its entirety and replacing with the following: A. No land shall be used and no building or structure shall be erected, enlarged or used unless the off-street parking space requirements are met as specified in this § 139-18. (1) For the purpose of this § 139-18, an enlargement of any building or a change in use of a building, which increases the parking requirements beyond what currently exists, shall require the provision of off-street parking for the existing building as if it were newly constructed. (2) Where the computation of required parking space results in a fractional number, only the fraction of .50 or more shall be counted as one. (3) Head-in, ninety-degree parking spaces and forty-five degree parking spaces shall not be less than 9 feet in width and 20 feet in length. The required length for parallel parking spaces shall not be less than 23 feet. For residential parking only, one required parking space may be reduced to a minimum dimension of 7 feet in width and 17 feet in length. (4) Stacked or tandem parking spaces are allowed for residential uses only, provided that no more than four spaces are so arranged in this manner. Only one tandem parking space or part thereof, per row, shall be allowed within the front yard setback. Tandem spaces shall be subject to § 139-20.1B(2)(h) and shall not extend for greater than two spaces in depth or width as illustrated in Plate 3.1 below. Page 76 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (5) Aisle Width. For lots containing one or more commercial uses, aisle width shall not be less than 24 feet for ninety-degree parking, 15 feet for forty-five-degree parking (angle shall be measured between center line of parking space and center line of aisle), and 12 feet for parallel parking. Aisle width requirements shall not apply to residential uses except for lots containing multi-family or duplex dwelling units, in which case a minimum aisle width of 12 feet shall apply for ninety-degree, forty-five degree, and parallel parking. (6) When one building is used for more than one use, parking requirements shall be computed for each use. (7) Required off-street parking spaces shall be provided on the same lot as the principal or accessory use they are required to serve. 4. To amend section 21E as follows: (4) If electromagnetic interference is caused by the installation of a WECS, the installation shall be deemed a public nuisance in violation of § 139-7F 139-7B of this chapter. The violation shall be corrected within 90 days from the date of notification. If the electromagnetic interference cannot be remedied, the WECS shall be removed or relocated. 5. To amend section 29A(3) as follows: The Chairman of the Board of Appeals may designate any associate member to sit on the Board of Appeals in case of absence, inability to act or conflict of interest on the part of any member thereof or, in the event of a vacancy, until said vacancy is filled as provided in this § 139-28A. 139-29A. Traveled Way Plate 3.1 - Illustration of Tandem Space Standards **NOT DRAWN TO SCALE** Front Yard Setback Dw elling 24' M aximum Width Property Line Curb 15' M aximum WidthApron Note: Only two tandem parking spaces can be located within the frontyard setback. Page 77 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 1. To amend section 30A as follows: The special permit granting authority shall be the Board of Appeals for all special permits, except those special permits for which the Planning Board is specifically designated by any provision of this chapter as the special permit granting authority. In instances where all or any portion of a project involves an special permit application to the Planning Board for a as special permit granting authority for major residential developments pursuant to § 139-7F8B, for cluster developments pursuant to § 139- 7B8A, for mixed-income residential developments pursuant to § 139-7I, for special permitted developments certain uses in the Wellhead Recharge District pursuant to § 139-12B, for special permitted developments in the Moorlands Management District pursuant to § 139-13, or WECS installations pursuant to § 139-21C, and for multifamily dwellings pursuant to § 139-812J., and for assisted-living facilities pursuant to § 139- 14C and elder housing facilities in the Limited Commercial District, the Planning Board shall serve as the special permit granting authority for all other special permits required in connection with such project 7. To amend section 30D(1) as follows: Applications for special permits, together with any supporting materials, may be referred by the special permit granting authority to any of the following Nantucket boards, commissions, departments, workgroups, and officers for their review, individually or jointly, and comment., forthwith upon receipt of the application by the Board of Appeals: Board of Health Superintendent of Public Works Nantucket Planning and Economic Development Commission Fire Chief Conservation Commission Historic District Commission Traffic Safety Committee Board of Selectmen 8. To amend section 32D(1) as follows: Applications for variances, together with any supporting materials, may be referred by the Board of Appeals to any of the following Nantucket boards, commissions, departments, workgroups, and officers for their review, individually or jointly, and comment., forthwith upon receipt of the application by the Board of Appeals: Board of Health Superintendent of Public Works Nantucket Planning and Economic Development Commission Fire Chief Conservation Commission Historic District Commission Traffic Safety Committee Page 78 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Board of Selectmen 9. To amend section 33A(3)(a) as follows: Except where the Zoning Enforcement Officer or the permit granting authority determines or finds that a special permit is issued finding that the alteration, reconstruction, extension or structural change to a single- or two-family residential structure does not increase the its nonconforming nature of said structure. 11. To delete section 33E(1) in its entirety and replace existing language in 33E with the following: In addition to the provisions of MGL c. 40A, § 6, as may be amended from time to time, any increase in area, frontage, width, yard or depth requirements shall not prohibit an unimproved lot from being built upon for single- and two-family residential purposes, provided that: either at the time of recording or endorsement of such lot, whichever occurred sooner, such lot was not held in common ownership with any adjoining land and conformed to then-existing Zoning Bylaw requirements, and now has less than the present requirements of area or frontage and has a frontage of not less than 20 feet or the benefit of an appurtenant easement providing a means of access for vehicles and utilities to and from a public street. 11. To amend section 33E(3) as follows: For a lot within the provisions of this § 139-33E, the side yard and rear yard setbacks shall be as required by § 139-16A above, except that for lots held in ownership separate from adjoining land at all times since prior to July 27, 1992 for the following… 12. To delete section 33E(4) in its entirety. 13. To delete sections 33F-K in their entirety. 14. To amend section 34 as follows: A. This chapter may, from time to time, be amended changed by amendment, such amendment initiated by the submission of the change to the Board of Selectmen, by the Board of Selectmen, by the Board of Appeals, by an individual owning land to be affected by the change, by request of registered voters of the Town pursuant to MGL c. 39, § 10, or by the Planning and Economic Development Commission. and MGL c. 40A, § 5. B. Proposed amendments shall be submitted by the Board of Selectmen to the Planning Board for review, public hearing, report to Town Meeting and ultimate vote by Town Meeting pursuant to MGL c. 40A, § 5. Page 79 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 65 (Bylaw Amendment: Management of Coastal Properties Owned by Town) To see if the Town will vote to amend Chapter 67 of the Code of the Town of Nantucket, "Management of Coastal Properties Owned by Town", by striking the text of the present Chapter 67 in its totality, and by inserting in its place the following new Chapter 67; or take other action relative thereto: Use of Town Real Property for Coastal Protection. The Board of Selectmen is hereby empowered to authorize the use of Town-owned real property by public or private individuals or entities for the construction and placement of coastal engineering structures and erosion control measures to protect public and private property, public ways, utilities and infrastructure from coastal erosion, under such terms and conditions as the Board of Selectmen shall deem appropriate for the protection of the interests of the Town and the public, including the requirement that all necessary licenses, permits and approvals shall be obtained in each instance from all boards, commissions, agencies and other authorities having jurisdiction. (Arthur I. Reade, Jr., et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 66 (Bylaw Amendment: Committees/Capital Program Committee) To see if the Town will vote to amend Chapter 11 (Committees), Article II (Capital Program Committee) 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): § 11-6 Establishment; membership. There shall be a Capital Program Committee consisting of seven voting members. A. Four Five voting members will be appointed by the Board of Selectmen with terms beginning and ending with the fiscal year, July 1 through June 30. With the exception of the first appointments, each term will be three years. The first Board of Selectmen appointments will be as follows: Committee members one and two initial appointments will carry a one-year term; Committee member three initial appointment will carry a two- year term; and Committee member four initial appointment will carry a three-year term. After the initial terms, terms will follow the three-year rotation. For any first appointment Page 80 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions made after an amendment to this paragraph A, the Board of Selectmen shall appoint a member to a two or three year term, so as to have no more than two terms expiring in any year. B. A fifth sixth voting member shall be appointed by the Board of Selectmen;, and a sixth seventh voting member shall be appointed b the Finance Committee; the seventh voting member shall be appointed by the Nantucket Planning and Economic Development Commission. Each of the fifth, sixth and seventh members must be members of the appointing Board, Commission or Committee at the time of appointment. Board, Commission or Committee appointments shall be for one fiscal year and coterminous with the Town’s fiscal year or at cessation of the member’s term of appointment, whichever occurs first. C. Members may be reappointed for consecutive appointments terms. § 11-7 Meetings. The Capital Program Committee shall meet at such times and in such places as it shall determine necessary to investigate and evaluate any proposed public-funded capital expenditure as defined in § 11-12.2. Such investigation and evaluation shall be done at public hearings meetings held after due public notice. § 11-8 Compensation. The members of the Capital Program Committee shall not be paid for their services but may incur reasonable expenses in the performance of their duties. § 11-9 Issuance of reports. The Capital Program Committee shall issue a report or reports on each proposed capital expenditure, which report may include the findings of the Capital Program Committee concerning the need for the project, the cost of the proposed project, the ability of the Town of Nantucket to pay for the proposed project and other information deemed by the Capital Program Committee to be relevant. Such reports shall be made to the Board of Selectmen and Finance Committee at least 10 30 days prior to the date of the Town Meeting called to vote on any proposed capital expenditure. § 11-10 Ex officio member. The Finance Director Town Manager of the Town or the Finance Director’s Town Manager's designee shall be an ex officio member of the Capital Program Committee but shall have no vote in the proceedings of the Committee. § 11-12.1 Projected funding. The Town shall spend on capital projects a minimum of 1% of total Town local receipts collected in the prior fiscal year plus 1% of the total real estate and personal property Page 81 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions taxes collected in the prior fiscal year. If local receipts fall below the 1% minimum, the Town may forego the funding requirement. Furthermore, funds designated for capital expenditures not spent or encumbered within the fiscal year will be transferred to the stabilization fund. Or take any other action as related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 11 (Committees), Article II (Capital Program Committee) of the Code of the Town of Nantucket is amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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): § 11-6 Establishment; membership. There shall be a Capital Program Committee consisting of seven voting members. C. Members may be reappointed for consecutive appointments terms. § 11-7 Meetings. The Capital Program Committee shall meet at such times and in such places as it shall determine necessary to investigate and evaluate any proposed public-funded capital expenditure as defined in § 11-12.2. Such investigation and evaluation shall be done at public hearings meetings held after due public notice. § 11-8 Compensation. The members of the Capital Program Committee shall not be paid for their services but may incur reasonable expenses in the performance of their duties. § 11-9 Issuance of reports. The Capital Program Committee shall issue a report or reports on each proposed capital expenditure, which report may include the findings of the Capital Program Committee concerning the need for the project, the cost of the proposed project, the ability of the Town of Nantucket to pay for the proposed project and other information deemed by the Capital Program Committee to be relevant. Such reports shall be made to the Board of Selectmen and Finance Committee at least 10 30 days prior to the date of the Town Meeting called to vote on any proposed capital expenditure. § 11-10 Ex officio member. Page 82 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions The Finance Director Town Manager of the Town or the Finance Director’s Town Manager's designee shall be an ex officio member of the Capital Program Committee but shall have no vote in the proceedings of the Committee. § 11-12.1 Projected funding. The Town shall spend on capital projects a minimum of 1% of total Town local receipts collected in the prior fiscal year plus 1% of the total real estate and personal property taxes collected in the prior fiscal year. If local receipts fall below the 1% minimum, the Town may forego the funding requirement. Furthermore, funds designated for capital expenditures not spent or encumbered within the fiscal year will be transferred to the stabilization fund. ARTICLE 67 (Bylaw Amendment: Committees/Finance Committee) To see if the Town will vote to amend Chapter 11 (Committees), Article I (Finance Committee) 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): § 11-1. Establishment; membership; vacancies. There shall be a Finance Committee consisting of nine members; all of whom shall be appointed by the Board of Selectmen at its first meeting, or some subsequent meeting, after the Annual Town Meeting in the year 1925, A.D., three for terms of one year, three for terms of two years and three for terms of three years, and, annually after the year 1925 A.D., the Board of Selectmen shall appoint at its first meeting, or some subsequent meeting, after the Annual Town Meeting, three members of such Finance Committee for terms of three years, and no member of the Finance Committee shall be a Town or county officer or other municipal entity or directly interested in the expenditures of the Town’s appropriations. In the event that a current member of the Finance Committee shall obtain a position as a Town or County officer or otherwise obtain a direct interest in the expenditures of the Town’s appropriations, said member shall be deemed to have vacated his or her seat on the Finance Committee. In the event of any question regarding the previous sentence as to whether a member is disqualified from continuing to serve, the Board of Selectmen shall provide said member a hearing and shall determine whether said member is removed from the Finance Committee. The Board of Selectmen shall fill any vacancy which may occur in the Finance Committee for the remainder of the term. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to amend Chapter 11 (Committees), Article I (Finance Committee) 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; Page 83 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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): § 11-1. Establishment; membership; vacancies. There shall be a Finance Committee consisting of nine members; all of whom shall be appointed by the Board of Selectmen at its first meeting, or some subsequent meeting, after the Annual Town Meeting in the year 1925, A.D., three for terms of one year, three for terms of two years and three for terms of three years, and, annually after the year 1925 A.D., the Board of Selectmen shall appoint at its first meeting, or some subsequent meeting, after the Annual Town Meeting, three members of such Finance Committee for terms of three years, and no member of the Finance Committee shall be an officer or employee of the Town or County officer or any other municipal entity or directly interested in the expenditures of the Town’s appropriations. The Board of Selectmen shall fill any vacancy which may occur in the Finance Committee for the remainder of the term. ARTICLE 68 (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 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): §12.1. Establishment; purpose. There is hereby established a Council for Human Services which shall make recommendations to the Board of Selectmen and Town Administration regarding see to the provision of all needed human services in a manner which can best serve the residents of Nantucket, and 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. §12.2. Membership; terms; vacancies. The Council shall consist of nine seven 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. Two of the initial appointments shall be for a term of one year, two for a term of two years and three for a term of three years. The term of office shall be Page 84 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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. No member of the Council shall be a board member or employee of any organization being considered for or in receipt of Town funds. §12.3. 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 take any other action as related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 12 (Council for Human Services) of the Code of the Town of Nantucket is amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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): §12.1. Establishment; purpose. There is hereby established a Council for Human Services which shall make recommendations to the Board of Selectmen and Town Administration regarding see to the provision of all needed human services in a manner which can best serve the residents of Nantucket, and 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. §12.2. Membership; terms; vacancies. The Council shall consist of nine seven 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. Two of the initial appointments shall be for a term of one year, two for a term of two years and three 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. §12.3. Authorization to establish budget; expenditures; grants. Page 85 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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. ARTICLE 69 (Bylaw Amendment: Council for Human Services) To see if the Town will vote to enact or re-enact Chapter 12 of the Nantucket Code as amended below, in order to establish or re-establish the Council for Human Services, provide staffing for such Council, define the duties of such Council and its staff, and provide for and define the duties of a Contract Review Subcommittee of the Council. CHAPTER 12. COUNCIL FOR HUMAN SERVICES Section 12-1. Establishment; purpose. There is hereby established or re-established a Council for Human Services which shall serve as an advisory body to the Town Manager, the Town Procurement Officer and the Board of Selectmen regarding the see to the provision by or through the Town of such all needed human services as are most necessary for the health and welfare of 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. Section 12-2. Membership; terms; vacancies. The Council shall consist of nine 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. 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. Each Member of the Council serving at the time of the passage of this chapter shall remain in office until the end of his or her term and until a successor member is appointed by the Board of Selectmen. Section 12-3. 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. Staff. The staff of the Council shall consist of two positions, a Director / Coordinator and an Administrative Assistant. Salaries of staff of the Council as well as supplies and all other costs and expenses of the Council shall be budgeted in the departmental budget of the “Council for Human Services" as that "town administration department" is set forth in Article IV Section 4.4 (b) of the Charter of the Town of Nantucket as that Charter now Page 86 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions exists or as it may hereafter be amended to establish or identify any successor "town administration department." Section 12-4. When effective. The creation establishment or re-establishment of this Council shall take effect upon the passage of this chapter. Section 12-5. Operating Procedures. The Council shall enact rules and procedures necessary for its operation and the carrying out of its duties as set forth in this Chapter. Section 12-6 Duties of Council. The Council shall: A. Consult with and advise the Town Manager or his/her delegate and the Board of Selectmen on matters relating to the provision of necessary human services by or through the Town of Nantucket; B. Conduct studies and make recommendations to the Town Manager or his/her delegate and to the Board of Selectmen on efficient and cost- effective methods for delivery of necessary human services by or through the Town of Nantucket; C. Conduct public hearings as necessary to determine the human services needs of the residents of the Town of Nantucket and advise the Town Manager or his/her delegate and the Board of Selectmen of findings and recommendations based upon such public input; D. Review proposed federal and state legislation and regulations relating to human services for its potential impact on the Town of Nantucket and report and make recommendations to the Town Manager or his/her delegate and the Board of Selectmen on such matters; E. Identify and recommend to the Town Manager or his/her delegate, subject to his/her approval, those necessary human services, in addition to the duties set forth in this Chapter at Section 12.7, which may be most cost effectively provided to the residents of the Town of Nantucket directly by Council staff; F. On an annual basis, not later than September 1 of each year, submit to the Board of Selectmen a "Community Needs Statement" including a written report and recommendations regarding necessary human services that the Town of Nantucket may provide through independent contractors for the next fiscal year. G. For each upcoming fiscal year, receive from the Town Manager his/her targeted budget for contracted human services and make recommendations for needs-based contract expenditures within the targeted budget; H. Appoint three of its members as a Contract Review Subcommittee to support and assist the Town Procurement Officer in the solicitation process for letting Town contracts for Human Services and to report to the Finance Committee on the need and cost effectiveness of any such proposed contracts as further set forth in Section 12.8 of this Chapter; Page 87 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions I. On a quarterly basis review and report on the human services provided by Council staff; J. Monitor, review and report, in consultation with the Town Procurement Officer, on a quarterly basis on the performance of human services contractors; K. Encourage and facilitate voluntary participation of Council members in projects, events, programs and other activities that promote the health and welfare of the residents of the Town of Nantucket. L. Undertake other work as requested by the Board of Selectmen and the Town Manager. Section 12-7 Duties of Council Staff: The duties of Council staff insofar as endorsed and directed by otherwise authorized Town officials shall include the following: A. Provision of administrative support to the Council and its Subcommittee; B. Provision of the following human services directly to Town residents: a. Assistance to Nantucket residents in making applications for fuel assistance; b. Assistance to Nantucket residents in making applications for federal, state and private programs that provide health, welfare and other benefits from public and private agencies when such assistance is not otherwise available from other governmental or private agencies; c. Emergency Assistance to homeless persons; d. Referrals of needy persons to other public and private agencies for assistance available through those agencies; e. Maintenance and updating to the Town website of an inventory of Human Services providers within the region; C. Service as the Town's representative to governmental and private groups concerned with human services issues and provision of reports to the Council concerning the activities of such groups as are designated and approved by Town Manager or other authorized Town Officer; D. Performance of such other duties as designated by the Town Manager or other authorized Town officer or as recommended by the Council and approved by the Town Manager or other authorized Town Officer. Section 12-8 Contract Review Subcommittee -- Appointment. At the beginning of each fiscal year the Council, by majority vote of its members, shall appoint three of its members to serve as the Contract Review Subcommittee of the Nantucket Council for Human Services. Members of the Contract Review Subcommittee shall be in full compliance with the provisions of Massachusetts General Law Chapter 268A. Section 12-9 Contract Review Committee - Duties. The Contract Review Committee shall: A. Consult with and advise the Town Procurement Officer and the Town Manager regarding development of scopes of services, evaluation criteria, Page 88 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions monitoring requirements and other relevant statutory and regulatory requirements for solicitation and issuance of contracts for provision of human services necessary for the benefit of the public health and welfare of residents of the Town as determined by the Board of Selectmen; B. Assist the Town Procurement Officer to evaluate bids and proposals submitted in response to each and every solicitation by the Town for human services contracts; C. Provide an independent written report directly to the Finance Committee for each fiscal year regarding the cost-effectiveness of anticipated proposed expenditures by the Town for the provision of human services including services through independent contractors. (Mary Wawro, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee could not recommend this Article as it recommends salaried staff positions that currently cannot be supported. There is currently a director and assistant in the Department of Human Services that we hope will work with the Council for Human Services to properly address the human service needs on the island. ARTICLE 70 (Bylaw Amendment: Community Preservation Committee) To see if the Town will vote to amend Chapter 11, Article VI 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): Section 11-21. Establishment; membership; appointment; term. The Community Preservation Committee is established in accordance with MGL c. 44B, §§ 3 through 7. The Committee shall consist of nine members. The members shall include an appointed designee from each of the following boards, commissions or authorities: one member of the Conservation Commission; one member of the Historic District Commission Historical Commission; one member of the Land Bank; one member of the Planning Board; one member of the Park and Recreation Commission; one member of the Nantucket Housing Authority; one member of the Board of Selectmen. The respective board, commission or authority shall appoint each designee and, whenever necessary, fill unexpired terms. These members shall serve their initial appointments respective of the sequence they are listed above, as follows: three members for three-year terms; two members for two-year terms; and two members for one-year terms; thereafter all appointments shall be for three-year terms. There shall also be two members-at-large from the community. The Board of Selectmen shall appoint these members for one-year terms; thereafter these members shall be Page 89 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions determined each third year through normal Town election and balloting procedures. Whenever necessary, these members-at-large shall be appointed by the Board of Selectmen to fill an unexpired term. Section 11-22. Duties. A. The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation. The Committee shall consult with existing municipal boards and agencies, various agencies, organizations and/or individuals, and particularly those existing municipal boards and agencies represented on the Committee, in conducting such studies. As part of its studies, the Committee shall hold one or more public informational hearings annually on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town. The Committee shall make recommendations to Town Meeting for the acquisition, creation and preservation of open space; for the acquisition and preservation of historic resources; for the acquisition, creation and preservation of land for recreational use; for the creation, preservation and support of community housing; and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. With respect to community housing, the Committee shall recommend, whenever possible, the reuse of existing buildings or construction of new building on previously developed sites. Or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee urges the Community Preservation Committee, the Board of Selectmen and Town Counsel to reach a consensus on the membership, appointments and terms and to submit a proposed article for consideration at the next town meeting. ARTICLE 71 (Bylaw Amendment: Adoption of Stretch Code) To see if the Town will vote to adopt the portion of the State of Massachusetts Building Energy Code (780 CMR Appendix 120AA), known as the Stretch Code, by amending the Code of the Town of Nantucket by adding a new section 60 as follows: §60 – Building and Occupancy Permits, Demolition Delay, and Stretch Code. §60-1 Stretch Code Page 90 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions The purpose of the Stretch Code is to provide a more energy efficient alternative to the base energy code applicable to the relevant section of the building code for both new construction and existing buildings. A. The Stretch Code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780 CMR 13, 34, 61, or 93, as applicable. B. The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 120 AA, including any amendments and modifications, is herein incorporated by reference. Or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: While we support Green Community efforts, the Finance Committee needs additional information on the financial impact on the community. ARTICLE 72 (Bylaw Amendment: Sewer Commissioners, Board of) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners) of the Code of the Town of Nantucket, by adding a new section 4 as follows: § 41-4. The Nantucket Sewer Commission is authorized, without a Town Meeting vote to add to the sewer districts created pursuant to this act and set forth in Sections 41-2 and 41-3 as adopted in the 2010 Annual Town Meeting, those additional properties located within “needs areas” as defined by Nantucket’s Comprehensive Wastewater Management Plan prepared by Earth Tech dated March 2004, approved by the Secretary of Environmental Affairs on May 14, 2004, and further, the Nantucket Sewer Commission is authorized to permit sewer connections outside of the aforesaid sewer districts only for the following: (a) municipal buildings, (b) public restrooms, or (c) affordable housing constructed pursuant to Chapters 40B and 40R of the Massachusetts General Laws. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners) of the Code of the Town of Nantucket is amended by adding a new section 4 as follows: Page 91 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions § 41-4. The Nantucket Sewer Commission is authorized, without a Town Meeting vote to add to the sewer districts created pursuant to this act and set forth in Sections 41-2 and 41-3 as adopted in the 2010 Annual Town Meeting, those additional properties located within “needs areas” as defined by Nantucket’s Comprehensive Wastewater Management Plan prepared by Earth Tech dated March 2004, approved by the Secretary of Environmental Affairs on May 14, 2004, and further, the Nantucket Sewer Commission is authorized to permit sewer connections outside of the aforesaid sewer districts only for the following: (a) municipal buildings, (b) public restrooms, or (c) affordable housing constructed pursuant to Chapters 40B and 40R of the Massachusetts General Laws. FINANCE COMMITTEE COMMENT: Town Counsel advises that this Article does not address funding for sewer extensions. Any Town funds to connect additional properties would require a town meeting appropriation. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 73 (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), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket by adding the following parcels to the Town Sewer District: Map Lot Number Street 43 8 6 Gardner Road 43 9 4 Gardner Road 43 10 2 Gardner Road 43 12.2 67 Polpis Road 43 13 2 Kelley Road 43 14 56 Polpis Road 43 14.1 66 Polpis Road 43 14.2 64 Polpis Road 43 15 61 Polpis Road 43 16 13 Shimmo Pond Road 43 17 14 Shimmo Pond Road 43 18 16 Shimmo Pond Road 43 19 4 Harbor View Drive 43 20 6 Harbor View Drive 43 21 12 Cathcart Road 43 68 22 Cathcart Road 43 69 15 Cathcart Road 43 75 44 Shimmo Pond Road 43 77 46 Shimmo Pond Road Page 92 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 43 79 48 Shimmo Pond Road 43 81 10 North Road 43 82 12 North Road 43 83 14 North Road 43 84 16 North Road 43 85 37 Gardner Road 43 86 31 Gardner Road 43 87 15 Gardner Road 43 88 13 Gardner Road 43 90 8 Shawkemo Road 43 91.1 4 Shawkemo Road 43 91.2 6 Shawkemo Road 43 92 25 Gardner Road 43 93 16 Gardner Road 43 94.2 12 Gardner Road 43 95 15 Shimmo Pond Road 43 96 50 Gardner Road 43 97 21 Shimmo Pond Road 43 98 1 Harbor View Drive 43 99 3 Harbor View Drive 43 100 5 Harbor View Drive 43 101 14 Cathcart Road 43 122 and 123 26 Shimmo Pond Road 43 124 34 Shimmo Pond Road 43 125 38 Shimmo Pond Road 43 126 42 Shimmo Pond Road 43 127 35 Shimmo Pond Road 43 128 4 Middle Valley Road 43 131 11 North Road 43 131.1 9 North Road 43 132 28 Gardner Road 43 133 14 South Valley Road 43 134 17 South Valley Road 43 135 18 Gardner Road 43 136 15 South Valley Road 43 137 11 South Valley Road 43 139 12 South Valley Road 43 140 10 South Valley Road 43 142 7 South Valley Road 43 143 5 South Valley Road 43 144 23 Shimmo Pond Road 43 145 22 Shimmo Pond Road 43 146 11 Cathcart Road 43 155 Shimmo Pond Road 43 156 33 Shimmo Pond Road Page 93 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 43 157 2 Middle Valley Road 43 160 8 Middle Valley Road 43 162 12 Middle Valley Road 43 164 6 South Valley Road 43 164.1 6 South Valley Road 43 165 2 South Valley Road 43 166 3 South Valley Road 43 167 28 Shimmo Pond Road 43 168 30 Shimmo Pond Road 43 169 132 Shimmo Pond Road 43 170 31 Shimmo Pond Road 43 171 21 Gardner Road 43 172 19 Gardner Road 43 173 17 Gardner Road 43 173 21 Gardner Road 43 210 68 Polpis Road 43 300 3 Juniper Hill 43 301 5 Juniper Hill 43 302 7 Juniper Hill 43 303 9 Juniper Hill 43 304 8 Juniper Hill 43 305 6 Juniper Hill 43 306 4 Juniper Hill 43 307 2 Juniper Hill 43 308 8 South Valley Road 43 309 19 Shimmo Pond Road 43 310 10 South Valley Road 54 7 49 Monomoy Road 54 8 4 Cathcart Road 54 9 6 Cathcart Road 54 10.1 8 Cathcart Road 54 10.2 10 Cathcart Road 54 11 9 Cathcart Road 54 11.1 7 Cathcart Road 54 12 36 Brewster Road 54 13 44 Brewster Road 54 14 46 Brewster Road 54 15 12 Shimmo Pond Road 54 16 47 Brewster Road 54 19 45 Polpis Road 54 20 47 Polpis Road 54 21 49 Polpis Road 54 22 51 Polpis Road 54 23 53 Polpis Road 54 24 55 Polpis Road Page 94 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 54 24.1 55R Polpis Road 54 25 57 Polpis Road 54 26 59 Polpis Road 54 27 7 Kelley Road 54 28 4 Kelley Road 54 29 6 Kelley Road 54 30 8 Kelley Road 54 31 10 Kelley Road 54 32 12 Kelley Road 54 81 2 Cathcart Road 54 82 4 Cathcart Road 54 83 5 Cathcart Road 54 84 32 Brewster Road 54 85 33 Brewster Road 54 86 35 Brewster Road 54 87 37 Brewster Road 54 88 39 Brewster Road 54 89 43 Brewster Road 54 90 45 Brewster Road 54 96 13 Kelley Road 54 97 11 Kelley Road 54 98 9 Kelley Road 54 99 14 Kelley Road 54 100 16 Kelley Road 54 101 18 Kelley Road 54 104 28 Kelley Road 54 150 6 Berkeley Avenue 54 158 10 Berkeley Avenue 54 169.2 26 Brewster Road 54 169.3 24 Brewster Road 54 171 28 Brewster Road 54 172 31 Brewster Road 54 173 27 Brewster Road 54 173.1 29B Brewster Road 54 174 25 Brewster Road 54 175 (a portion of) Brewster Road 54 175.1 19 Brewster Road 54 175.2 23 Brewster Road 54 215 4 Berkeley Avenue 54 220.1 5 Boston Avenue 54 220.2 20 Brewster Road 54 221 16 Brewster Road 54 222 17 Brewster Road 54 223 15 Brewster Road 54 224 11 Brewster Road Page 95 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 54 236 14 Brewster Road 54 250 28 Polpis Road 54 251 30 Polpis Road 54 252 32 Polpis Road 54 253 34 Polpis Road 54 254 36 Polpis Road 54 255 2 Shimmo Pond Road 54 256 4 Shimmo Pond Road 54 257 6 Shimmo Pond Road 54 258 8 Shimmo Pond Road 54 259 3 Shimmo Pond Road 54 261 3 Brewster Road 54 264 40 Polpis Road 54 265 40 Polpis Road 54 266 42 Polpis Road 54 267 44 Polpis Road 54 285 2 Sasachumet Lane 54 286 4 Sasachumet Lane 54 287 5 Brewster Road 54 288 34 Brewster Road 54 293 29 Brewster Road 54 294 29 Brewster Road 54 296 21 Brewster Road Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the map entitled “Nantucket Sewer Districts Town and Siasconset” be amended by adding the following parcels to the Town Sewer District: Map Lot Number Street 43 1 1 Pimnys Point 43 8 6 Gardner Road 43 9 4 Gardner Road 43 10 2 Gardner Road 43 12.2 67 Polpis Road 43 13 2 Kelley Road 43 14 56 Polpis Road 43 14.1 66 Polpis Road 43 14.2 64 Polpis Road 43 15 61 Polpis Road 43 16 13 Shimmo Pond Road 43 17 14 Shimmo Pond Road 43 18 16 Shimmo Pond Road 43 19 4 Harbor View Drive Page 96 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 43 20 6 Harbor View Drive 43 21 12 Cathcart Road 43 68 22 Cathcart Road 43 69 15 Cathcart Road 43 75 44 Shimmo Pond Road 43 77 46 Shimmo Pond Road 43 79 48 Shimmo Pond Road 43 81 10 North Road 43 82 12 North Road 43 83 14 North Road 43 84 16 North Road 43 85 37 Gardner Road 43 86 31 Gardner Road 43 87 15 Gardner Road 43 88 13 Gardner Road 43 90 8 Shawkemo Road 43 91.1 4 Shawkemo Road 43 91.2 6 Shawkemo Road 43 92 25 Gardner Road 43 93 16 Gardner Road 43 94.2 12 Gardner Road 43 95 15 Shimmo Pond Road 43 96 50 Gardner Road 43 97 21 Shimmo Pond Road 43 98 1 Harbor View Drive 43 99 3 Harbor View Drive 43 100 5 Harbor View Drive 43 101 14 Cathcart Road 43 122 and 123 26 Shimmo Pond Road 43 124 34 Shimmo Pond Road 43 125 38 Shimmo Pond Road 43 126 42 Shimmo Pond Road 43 127 35 Shimmo Pond Road 43 128 4 Middle Valley Road 43 131 11 North Road 43 131.1 9 North Road 43 132 28 Gardner Road 43 133 14 South Valley Road 43 134 17 South Valley Road 43 135 18 Gardner Road 43 136 15 South Valley Road 43 137 11 South Valley Road 43 139 12 South Valley Road 43 140 10 South Valley Road 43 142 7 South Valley Road Page 97 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 43 143 5 South Valley Road 43 144 23 Shimmo Pond Road 43 145 22 Shimmo Pond Road 43 146 11 Cathcart Road 43 155 Shimmo Pond Road 43 156 33 Shimmo Pond Road 43 157 2 Middle Valley Road 43 160 8 Middle Valley Road 43 162 12 Middle Valley Road 43 164 6 South Valley Road 43 164.1 6 South Valley Road 43 165 2 South Valley Road 43 166 3 South Valley Road 43 167 28 Shimmo Pond Road 43 168 30 Shimmo Pond Road 43 169 132 Shimmo Pond Road 43 170 31 Shimmo Pond Road 43 171 21 Gardner Road 43 172 19 Gardner Road 43 173 17 Gardner Road 43 173 21 Gardner Road 43 210 68 Polpis Road 43 300 3 Juniper Hill 43 301 5 Juniper Hill 43 302 7 Juniper Hill 43 303 9 Juniper Hill 43 304 8 Juniper Hill 43 305 6 Juniper Hill 43 306 4 Juniper Hill 43 307 2 Juniper Hill 43 308 8 South Valley Road 43 309 19 Shimmo Pond Road 43 310 10 South Valley Road 54 7 49 Monomoy Road 54 8 4 Cathcart Road 54 9 6 Cathcart Road 54 10.1 8 Cathcart Road 54 10.2 10 Cathcart Road 54 11 9 Cathcart Road 54 11.1 7 Cathcart Road 54 12 36 Brewster Road 54 13 44 Brewster Road 54 14 46 Brewster Road 54 15 12 Shimmo Pond Road 54 16 47 Brewster Road Page 98 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 54 19 45 Polpis Road 54 20 47 Polpis Road 54 21 49 Polpis Road 54 22 51 Polpis Road 54 23 53 Polpis Road 54 24 55 Polpis Road 54 24.1 55R Polpis Road 54 25 57 Polpis Road 54 26 59 Polpis Road 54 27 7 Kelley Road 54 28 4 Kelley Road 54 29 6 Kelley Road 54 30 8 Kelley Road 54 31 10 Kelley Road 54 32 12 Kelley Road 54 81 2 Cathcart Road 54 82 4 Cathcart Road 54 83 5 Cathcart Road 54 84 32 Brewster Road 54 85 33 Brewster Road 54 86 35 Brewster Road 54 87 37 Brewster Road 54 88 39 Brewster Road 54 89 43 Brewster Road 54 90 45 Brewster Road 54 96 13 Kelley Road 54 97 11 Kelley Road 54 98 9 Kelley Road 54 99 14 Kelley Road 54 100 16 Kelley Road 54 101 18 Kelley Road 54 104 28 Kelley Road 54 150 6 Berkeley Avenue 54 158 10 Berkeley Avenue 54 169.2 26 Brewster Road 54 169.3 24 Brewster Road 54 171 28 Brewster Road 54 172 31 Brewster Road 54 173 27 Brewster Road 54 173.1 29B Brewster Road 54 174 25 Brewster Road 54 175 (a portion of) Brewster Road 54 175.1 19 Brewster Road 54 175.2 23 Brewster Road 54 215 4 Berkeley Avenue Page 99 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 54 220.1 5 Boston Avenue 54 220.2 20 Brewster Road 54 221 16 Brewster Road 54 222 17 Brewster Road 54 223 15 Brewster Road 54 224 11 Brewster Road 54 236 14 Brewster Road 54 250 28 Polpis Road 54 251 30 Polpis Road 54 252 32 Polpis Road 54 253 34 Polpis Road 54 254 36 Polpis Road 54 255 2 Shimmo Pond Road 54 256 4 Shimmo Pond Road 54 257 6 Shimmo Pond Road 54 258 8 Shimmo Pond Road 54 259 3 Shimmo Pond Road 54 261 3 Brewster Road 54 264 40 Polpis Road 54 265 40 Polpis Road 54 266 42 Polpis Road 54 267 44 Polpis Road 54 285 2 Sasachumet Lane 54 286 4 Sasachumet Lane 54 287 5 Brewster Road 54 288 34 Brewster Road 54 293 29 Brewster Road 54 294 29 Brewster Road 54 296 21 Brewster Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 73 Revised” dated February 2011. ARTICLE 74 (Bylaw Amendment: Town Sewer District Map Change) To see if the Town will vote to confirm the positive recommendation of the Nantucket Sewer Commission by including the following parcels within the Town of Nantucket Sewer District: (a) 24 Brewster Road – Tax Map 54, parcel 169.3; 26 Brewster Road – Tax Map 54, parcel 169.2. (COMMENT: these parcels abut a marshy area that flows to the harbor. There are two failing septic systems on one of the lots already. Preventing more nutrient loading by including these two lots in the Sewer District will have a positive effect on the harbor water quality.) (Deborah E. Nicholson, et al) Page 100 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the map entitled “Nantucket Sewer Districts Town and Siasconset” be amended by adding the following parcels to the Town Sewer District: Map Lot Number Street 54 169.2 26 Brewster Road 54 169.3 24 Brewster Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 74” dated January 2011. FINANCE COMMITTEE COMMENT: The parcels referenced in the Article are contained in Article 73. ARTICLE 75 (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 55 108 & 111 50 Cato Lane (Tracy Canty, et al) FINANCE COMMITTEE MOTION: Moved that the map entitled “Nantucket Sewer Districts Town and Siasconset” be amended by adding the following parcels to the Town Sewer District: Map Lot Number Street 55 108 50 Cato Lane 55 111 50 Cato Lane All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 75” dated January 2011. ARTICLE 76 (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) of the Code of the Town of Nantucket by adding the following parcels to the Sewer District Map: 56-320, 56-320.1, 56-311, 56-125, 56-122, 56-124, 56-121, 56-116.1, 56-310.2, 56-116, 56-117, 56-310.1, 56-120, 56-118, 56-309, 56-308, and 56—67.3 (69, 71, 77, 78, 79, 80, 81, 82, 83, 84, 86, 87, 89, 91, 95, 97, and 99 Hummock Pond Road respectively). Page 101 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Martin McGowan, et al) FINANCE COMMITTEE MOTION: Moved that the map entitled “Nantucket Sewer Districts Town and Siasconset” be amended by adding the following parcels to the Town Sewer District: Map Lot Number Street 56 311 77 Hummock Pond Road 56 125 78 Hummock Pond Road 56 122 79 Hummock Pond Road 56 121 81 Hummock Pond Road 56 310.2 83 Hummock Pond Road 56 117 86 Hummock Pond Road 56 310.1 87 Hummock Pond Road 56 120 88 Hummock Pond Road 56 118 91 Hummock Pond Road 56 309 95 Hummock Pond Road 56 308 97 Hummock Pond Road 56 67.3 99 Hummock Pond Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 76” dated February 2011. ARTICLE 77 (Bylaw Amendment: Car Rental Agencies, Registration of) To see if the Town will vote to amend Chapter 58 of the Code of the Town of Nantucket (Car Rental Agencies, Registration of) by inserting a new section as follows: §58-7. Electric Vehicles. The Board of Selectmen may develop an exemption for up to 10 (ten) battery electric vehicles from the rental vehicle sticker, without regard to the requirements and limitations of §58-3 B, C and D of this Code. And to amend §58-1 (Definitions) by inserting the following new definition: BATTERY ELECTRIC VEHICLE - A motor vehicle propelled by a motor powered by electrical energy from rechargeable batteries or other source onboard the vehicle. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town amend Chapter 58 of the Code of the Town of Nantucket (Car Rental Agencies, Registration of) by inserting a new section as follows: Page 102 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions §58-7. Electric Vehicles. The Board of Selectmen may develop an exemption for up to 10 (ten) battery electric vehicles from the rental vehicle sticker, without regard to the requirements and limitations of §58-3 B, C and D of this Code. And to amend §58-1 (Definitions) by inserting the following new definition: BATTERY ELECTRIC VEHICLE - A motor vehicle propelled by a motor powered by electrical energy from rechargeable batteries or other source onboard the vehicle. ARTICLE 78 (Amendments to Town of Nantucket Affordable Housing Trust Fund – Declaration of Trust) To see if the Town will vote to amend the provisions of the Town of Nantucket Affordable Housing Trust Fund adopted by the vote under Article 72 of the 2009 Annual Town Meeting 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): SECOND: Purpose The purpose of the Trust shall be to provide for the creation and preservation of affordable housing in the Town of Nantucket, preferably in perpetuity, as a general policy, but subject to exceptions where it is practicable and reasonable to do so, for the benefit of year-round low and moderate income households who would otherwise have difficulty, financial or otherwise, locating housing on Nantucket. Or to take any other action related thereto. (Board of Selectmen for Affordable Housing Trust) FINANCE COMMITTEE MOTION: Moved that the Town amend the provisions of the Town of Nantucket Affordable Housing Trust Fund adopted by the vote under Article 72 of the 2009 Annual Town Meeting 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): SECOND: Purpose The purpose of the Trust shall be to provide for the creation and preservation of affordable housing in the Town of Nantucket, preferably in perpetuity, as a general policy, but subject to exceptions where it is practicable and reasonable to do so, for the benefit of year-round low and moderate income households who would otherwise have difficulty, financial or otherwise, locating housing on Nantucket. Page 103 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 79 (Acceptance of Massachusetts General Law Pertaining to Quarterly Tax Payments) To see if the Town will vote to accept the provisions of Chapter 59 section 57C of the Massachusetts General Laws to provide for quarterly tax bills, beginning in fiscal year 2013. A complete copy of Chapter 59 section 57C of the Massachusetts General Laws is on file in the office of the Town Clerk. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town accept the provisions of Chapter 59 section 57C of the Massachusetts General Laws to provide for quarterly tax bills, beginning in fiscal year 2013. A complete copy of Chapter 59 section 57C of the Massachusetts General Laws is on file in the office of the Town Clerk. ARTICLE 80 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectmen and General Court to vary the specific text of the requested legislation within the scope of the general public objectives of this home rule petition, such legislation to read substantially as follows: AN ACT AMENDING THE NANTUCKET HISTORIC DISTRICT COMMISTION ACT Section 1. An Act Establishing An Historic District Commission For The Town Of Nantucket And Establishing Nantucket Island As The Historic District (being chapter 395 of the Acts of 1970, as amended by chapter 708 of the Acts of 1972, chapter 300 of the Acts of 1984, as amended by chapter 291 of the Acts of 1985, as amended by chapter 735 of the Acts of 1987, as amended by chapter 333 of the Acts of 1989, as amended by chapter 314 of the Acts of 1990, as amended by chapter 193 of the Acts of 1998, as amended by chapter 57 of the Acts of 2000, as amended by chapter 90 of the Acts of 2002, as amended by chapter 90 of the Acts of 2010, referred to collectively as the "HDC Act") is hereby amended as follows: a. by striking out the definition of " structure" in Section 2A and inserting in its place thereof the following definition:- "Structure" a combination of materials, other than a building, that includes, a vending machine, sign, fence, terrace, walk, driveway and object that needs a gravel or cement footing, or a fastener to keep it in place. b. By adding a new Section 8(a) entitled "Applicant's Rights" as follows: Page 104 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions HDC members shall act with proper conduct and ethics based on the rules and regulations adopted by the Historic District Commission pursuant to Section 8 of the HDC Act. If an applicant believes that a member or members of the HDC have violated such rules and regulations, the applicant may use the procedure set forth in Section 5.4 of the Town's Charter entitled "Recall of Elected Officials". Or, to take any other action related thereto. (Jesse Dutra, et al) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby 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 AMENDING THE NANTUCKET HISTORIC DISTRICT COMMISSION ACT Section 1. An Act Establishing An Historic District Commission For The Town Of Nantucket And Establishing Nantucket Island As The Historic District (being chapter 395 of the Acts of 1970, as amended by chapter 708 of the Acts of 1972, chapter 300 of the Acts of 1984, as amended by chapter 291 of the Acts of 1985, as amended by chapter 735 of the Acts of 1987, as amended by chapter 333 of the Acts of 1989, as amended by chapter 314 of the Acts of 1990, as amended by chapter 193 of the Acts of 1998, as amended by chapter 57 of the Acts of 2000, as amended by chapter 90 of the Acts of 2002, as amended by chapter 90 of the Acts of 2010, referred to collectively as the "HDC Act") is hereby amended as follows: a. by striking out the definition of " structure" in Section 2A and inserting in its place thereof the following definition:- "Structure" a combination of materials, other than a building, that includes, a vending machine, sign, fence, terrace, walk, driveway and object that needs a gravel or cement footing, or a fastener to keep it in place. b. By adding a new Section 8(a) entitled "Applicant's Rights" as follows: HDC members shall act with proper conduct and ethics based on the rules and regulations adopted by the Historic District Commission pursuant to Section 8 of the HDC Act. If an applicant believes that a member or members of the HDC have violated such rules and regulations, the applicant may use the procedure set forth in Section 5.4 of the Town's Charter entitled "Recall of Elected Officials". Page 105 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 81 (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) NOTE: The above home rule petition was approved as Article 59 of the 2010 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: Moved that the Town’s representatives in the General Court are hereby 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 SALE, CONVEYANCE OR OTHER DISPOSITION BY THE NANTUCKET ISLANDS LAND BANK 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 Page 106 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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. ARTICLE 82 (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 any or all portion of certain land situated in the Town of Nantucket totalling approximately 38.5 acres shown on Town of Nantucket Assessor’s Map 89, Parcel 6, 6.1 and 6.2. Section 2. This act shall take effect upon its passage. (Board of Selectmen for Nantucket Islands Land Bank Commission) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby 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 Page 107 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions special law to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of any or all portion of certain land situated in the Town of Nantucket totalling approximately 38.5 acres shown on Town of Nantucket Assessor’s Map 89, Parcel 6, 6.1 and 6.2. Section 2. This act shall take effect upon its passage. ARTICLE 83 (Home Rule Petition: 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 Chapter 268A subsections (a) and (c) of section 17 of the Massachusetts General Laws and from Chapter 268A section 19(a) of the Massachusetts General Laws 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 and Article 62 of the 2010 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: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to Page 108 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Chapter 268A subsections (a) and (c) of section 17 of the Massachusetts General Laws and from Chapter 268A section 19(a) of the Massachusetts General Laws 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. ARTICLE 84 (Home Rule Petition: 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. Page 109 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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. 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 Massachusetts 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. Page 110 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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 and Article 63 of the 2010 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: Moved that the Town’s representatives in the General Court are hereby 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 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 111 Town of Nantucket 2011 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 Massachusetts 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. ARTICLE 85 (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. Page 112 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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 Massachusetts 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) NOTE: The above home rule petition was approved as Article 67 of the 2010 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: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: An Act Approving the Conveyance of Property by the County of Nantucket Section 1. The County of Nantucket is hereby authorized to convey 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 Massachusetts 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. Page 113 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 86 (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. The Sewer Commission is hereby authorized to enact regulations, after a public hearing, to implement this section, which regulations may include a grace period for mandatory sewer connections. Section 2. This Act shall take effect upon passage. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Nantucket Board of Health regulations currently allow for mandatory connections. ARTICLE 87 (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 Page 114 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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. 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. (Board of Selectmen) Page 115 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions NOTE: The above home rule petition was approved as Article 70 of the 2010 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: Moved that the Town’s representatives in the General Court are hereby 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 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. SECTION 3. Authority to make rules and regulations. Page 116 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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. ARTICLE 88 (Home Rule Petition: Town Charter Amendment) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation to make the Town Manager the appointing authority for Town Counsel, subject to approval or disapproval by the Board of Selectmen, as set forth below; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board approves amendments to the bill before enactment by the General Court, and to authorize the Board of Selectmen to approve amendments which shall be within the scope of the general public objectives of this petition; or to take any other action related thereto. An Act Regarding the Charter of the Town of Nantucket Section 1. Chapter 289 of the acts of 1996 entitled, “An Act Providing for a Charter for the Town of Nantucket” shall hereby be amended by deleting in Section 3.4(a)(2) of the Nantucket town charter, as set forth in section 1 of such act, the words:- “Town Counsel, and”. Section 2. Section 4.3 of the Nantucket town charter, as set forth in section 1 of said chapter 289 is hereby further amended by inserting a new subsection 4.3(e), as follows:- shall appoint and may remove Town Counsel; provided, however, that notwithstanding any other provision of this charter to the contrary, the Board of Selectmen may, by a four-fifths vote of the full board, disapprove such appointment in accordance with procedure set forth in Section 3.4(a)(4). Section 3. This act shall take effect upon passage. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 89 (Real Estate Disposition: Dreamland Theatre Easement) To see if the Town will vote to authorize the Board of Selectmen to grant an Easement (“Easement”) to the Nantucket Dreamland Foundation, Inc. (“Dreamland”) to Page 117 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions allow Dreamland to construct portions of the Dreamland Theater, to wit the theatre marquee and a length of rain gutter, over public sidewalks located at the west (South Water Street) and north (Oak Street) of the theater and a portion of coffer dam under and within the layout of Oak Street. Said overhangs/encroachments are shown on a “Building Overhang Diagram” containing six (six) sheets prepared for Dreamland and on file with the Board of Selectmen’s office; and to further authorize the Board of Selectmen to convey, sell, or otherwise grant an easement allowing the encroachments to be constructed over and in the case of the section of coffer dam under public sidewalks as described herein for a term or terms not exceeding ninety-nine (99) years (which authorization is necessary to comply with M.G.L. c. 40, § 3 and Town of Nantucket Code chapter 46, § 46-2); or to take any other action related thereto. (Edmund “Bill” Liddle, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to grant an Easement (“Easement”) to the Nantucket Dreamland Foundation, Inc. (“Dreamland”) to allow Dreamland to construct portions of the Dreamland Theater, to wit the theatre marquee and a length of rain gutter, over public sidewalks located at the west (South Water Street) and north (Oak Street) of the theater and a portion of coffer dam under and within the layout of Oak Street. Said overhangs/encroachments are shown on a “Building Overhang Diagram” containing six (six) sheets prepared for Dreamland and on file with the Board of Selectmen’s office; and to further authorize the Board of Selectmen to convey, sell, or otherwise grant an easement allowing the encroachments to be constructed over and in the case of the section of coffer dam under public sidewalks as described herein for a term or terms not exceeding ninety- nine (99) years (which authorization is necessary to comply with M.G.L. c. 40, § 3 and Town of Nantucket Code chapter 46, § 46-2). ARTICLE 90 (Authorization for Real Estate Conveyance: Hulbert Avenue Extension) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of all or any interests the Town of Nantucket may have in a portion of Hulbert Avenue Extension being the fifteen (15’) foot wide western half of the layout from the mid-line of Hulbert Avenue Extension adjacent to Assessor Map 30, Parcel 47 (43 Jefferson Avenue) and to Assessor Map 30, Parcel 48 (98 Hulbert Avenue), as shown on the plan entitled "Exhibit Plan in Nantucket, MA prepared for 2011 Nantucket Annual Town Meeting Warrant" dated November 22, 2010 prepared by Bracken Engineering, Inc., subject to Massachusetts G. L. c. 30B, or to take any other action related thereto. (Michelle Lamb, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The content of this Article has been addressed in Warrant Articles 107 and 108. Page 118 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 91 (Real Estate Acquisition: 77 Washington Street) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee interest in a certain parcel of land, identified as Assessors Map 42.2.3, Parcel 42 and known as 77 Washington Street for general municipal purposes, or take any other action as may be appropriate or related thereto. (Timothy M. Soverino, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The property referenced in the Article is no longer available for sale. ARTICLE 92 (Real Estate Acquisition: 50 Union Street) 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 title interest in all or any portion of the real estate including any buildings thereon located at 50 Union Street at the corner of Union and Francis streets, being lot 2 of Nantucket Assessors Map 5514, for traffic improvements, open space, historical preservation or any other purpose, and further 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 carry out the foregoing acquisition, or to take any other action related thereto. (Robert Sarkisian, et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain, the fee or lesser title interest in all or any portion of the real estate including any buildings thereon located at 50 Union Street at the corner of Union and Francis streets, being lot 2 of Nantucket Assessors Map 5514, for traffic improvements, open space, historical preservation or any other purpose. FINANCE COMMITTEE COMMENT: The motion allows the Board of Selectmen to negotiate terms and conditions of acquisition. Any necessary funding to complete a transaction will require grants or participation by other entities or organizations. ARTICLE 93 (Real Estate Conveyance: Authorization/22 Federal Street) To see if the Town will vote to transfer the care, custody and control of the Town- owned property located at 22 Federal Street as shown on Assessor Map 42.4.2 as Parcel 31 held for general municipal purposes to the Board of Selectmen for the purpose of selling, conveying, releasing or otherwise disposing of said property, and to authorize the Board of Selectmen to so dispose of the property on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests. Page 119 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 93” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the care, custody and control of the Town-owned property located at 22 Federal Street as shown on Assessor Map 42.4.2 as Parcel 31 held for general municipal purposes be transferred to the Board of Selectmen for the purpose of selling, conveying, releasing or otherwise disposing of said property, and that the Board of Selectmen be authorized to so dispose of the property on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests., all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 93” dated January 2011. ARTICLE 94 (Real Estate Conveyance: Authorization/37 Washington Street) To see if the Town will vote to transfer the care, custody and control of the Town- owned property located at 37 Washington Street as shown on Assessor Map 42.3.2 as Parcel 84 held for general municipal purposes to the Board of Selectmen for the purpose of selling, conveying, releasing or otherwise disposing of said property, and to authorize the Board of Selectmen to so dispose of the property on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 94” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the care, custody and control of the Town-owned property located at 37 Washington Street as shown on Assessor Map 42.3.2 as Parcel 84 held for general municipal purposes be transferred to the Board of Selectmen for the purpose of selling, conveying, releasing or otherwise disposing of said property, and that the Board of Selectmen be authorized to so dispose of the property on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests., all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 94” dated January 2011. ARTICLE 95 (Long-term Lease Authorization: Airport) To see if the Town will vote to transfer the care, custody, management and control of a portion of the Town-owned property, shown as Assessor Map 78, Parcel 16, along the southeast border of the Airport, under the jurisdiction of the Airport Commission and held for aeronautical purposes, to the Airport Commission to be held Page 120 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions for aeronautical purposes and for the purpose of leasing the property, and further to authorize the Airport Commission to enter into a lease of said property and to execute a power purchase agreement each for a term of up to twenty-five (25) years, subject to the provisions of Chapter 30B of the Massachusetts General Laws or other applicable statutes, for the purposes of the development of a solar array, on terms deemed by the Airport Commission to be satisfactory and in the Town’s best interests. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 95” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the care, custody, management and control of a portion of the Town-owned property, shown as Assessor Map 78, Parcel 16, along the southeast border of the Airport, under the jurisdiction of the Airport Commission and held for aeronautical purposes, to the Airport Commission to be held for aeronautical purposes and for the purpose of leasing the property, and further to authorize the Airport Commission to enter into a lease of said property and to execute a power purchase agreement each for a term of up to twenty-five (25) years, subject to the provisions of Chapter 30B of the Massachusetts General Laws or other applicable statutes, for the purposes of the development of a solar array, on terms deemed by the Airport Commission to be satisfactory and in the Town’s best interests; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 95” dated January 2011. FINANCE COMMITTEE COMMENT: The Committee’s expectation is that any cost savings realized from this project will allow for a reduction in fees. ARTICLE 96 (Long-term Lease Authorization: Surfside WWTF) To see if the Town will vote to transfer the care, custody, management and control of a portion of the Town-owned property, known as the Surfside Wastewater Treatment Facility, Assessor Map 87, Parcel 135 under the jurisdiction of the Board of Selectmen and held for wastewater treatment purposes, to the Board of Selectmen to be held for wastewater treatment purposes and for the purpose of leasing the property, and further to authorize the Board of Selectmen to enter into a lease of said property and to execute a power purchase agreement each for a term of up to twenty-five (25) years, subject to the provisions of Chapter 30B of the Massachusetts General Laws or other applicable statutes, for the purposes of the development of a solar array, on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 96” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. Page 121 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the care, custody, management and control of a portion of the Town-owned property, known as the Surfside Wastewater Treatment Facility, Assessor Map 87, Parcel 135 under the jurisdiction of the Board of Selectmen and held for wastewater treatment purposes, be transferred to the Board of Selectmen to be held for wastewater treatment purposes and for the purpose of leasing the property, and further that the Board of Selectmen is hereby authorized to enter into a lease of said property and to execute a power purchase agreement each for a term of up to twenty-five (25) years, subject to the provisions of Chapter 30B of the Massachusetts General Laws or other applicable statutes, for the purposes of the development of a solar array, on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 96” dated January 2011. ARTICLE 97 (Long-term Lease Authorization: Wannacomet) To see if the Town will vote to transfer the care, custody, management and control of a portion of the Town-owned property described herein under the jurisdiction of the Nantucket Water Commission and held for their current purposes to the Nantucket Water Commission to be held for their current purposes and for the purpose of leasing the property, and to authorize the Nantucket Water Commission to enter into a lease of said parcels and to execute a power purchase agreement each for a term of up to twenty-five (25) years, a portion of the town-owned property described as follows: Parcel One (1) known as Wyer’s Valley and as shown on Assessor Map 54, Parcels 45 and 46 and Parcel Two (2) known as North Pasture and shown on Assessor Map 54, Parcel 94.1, and subject to the provisions of Chapter 30B of the Massachusetts General Laws, for the purposes of the development of a solar array, on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests and to further authorize the Board of Selectmen to file a home rule petition to authorize the new use pursuant to Article 97 of the Amendments to the Massachusetts Constitution, if necessary. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 97” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Nantucket Water Commission) FINANCE COMMITTEE MOTION: Moved that the care, custody, management and control of a portion of the Town-owned property described herein under the jurisdiction of the Nantucket Water Commission and held for its current purposes to the Nantucket Water Commission to be held for its current purposes and for the purpose of leasing the property, and to authorize the Nantucket Water Commission to enter into a lease of said parcels and to execute a power purchase agreement each for a term of up to twenty-five (25) years, a portion of the town-owned property described as follows: Parcel One (1) known as Wyer’s Valley and as shown on Assessor Map 54, Parcels 45 and 46 and Parcel Two (2) known as North Pasture and shown on Assessor Map 54, Parcel 94.1, Page 122 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions and subject to the provisions of Chapter 30B of the Massachusetts General Laws, for the purposes of the development of a solar array, on terms deemed by the Board of Selectmen to be satisfactory and in the Town’s best interests and to further authorize the Board of Selectmen to file a home rule petition to authorize the new use pursuant to Article 97 of the Amendments to the Massachusetts Constitution, if necessary; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 97” dated January 2011. ARTICLE 98 (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 or lesser interests in all or any portion of thirty- four (34) unconstructed rights of way in the Surfside area of Nantucket and identified below, together with any public and private rights of passage, for public ways and/or general municipal purposes:  Plum, Poplar and Holly Streets between the northern sideline of Pochick Avenue and the southern sideline of Mequash Avenue (f.k.a. or a.k.a. Sechacha Avenue; excluding any portion of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue));  Laurel, School and Myrtle Streets between the northeastern sideline of Surfside Road and the southern sideline of Maclean Street;  Miacomet, Monomoy and Massasoit Avenues between the centerline of Irving and Hawthorne Streets;  Masquetuck and Dunham Streets between the northern sideline of Pochick Avenue and the southern sideline of Boulevarde;  Dunham Street and Irving Street: between the northern sideline of Nobadeer Avenue and the southern sideline of Weweeder Avenue;  Irving Street and Hawthorne Street: between the northern sideline of Massasoit Avenue and the southern sideline of Miacomet Avenue (excluding any portion of Monomoy Avenue);  Holly Street between the northern sideline of Nonantum Avenue to the southern sideline of Pochick Avenue (excluding any portion of Weweeder and Nobadeer Avenues);  Maclean Street between the eastern sideline of Fairgrounds Road and the eastern sideline of Myrtle Street;  Mequash Avenue (f.k.a. Sechacha Avenue) between the western sideline of Pequot Street (formerly or also known as Orange Street) and the eastern sideline of Naushon Way (f.k.a. Cherry Street);  Pochick Avenue between the eastern sideline of Naushon Way (f.k.a. Cherry Street) to the western sideline of Masquetuck Street (excluding any portion or Pequot and Woodbine Streets);  Masaquet Avenue (f.k.a. Wauwinet Avenue) between the eastern sideline of Pequot Avenue (formerly or also known as Orange Street) and the western sideline of Masquetuck Street and the terminus of a turning tee and the eastern sideline of Atlantic Avenue; Page 123 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Woodbine Street between the northern sideline of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue) and the southern sideline of Mequash Avenue (f.k.a. or a.k.a. Sechacha Avenue);  Myles Standish Street (f.k.a. or a.k.a. Shimmo Street) between the northern lot line of property at 38 Pochick Avenue (Assessor Map 80 Parcel 11) and a northern and eastern sideline of a property at 36 Pochick Avenue (Assessor Map 80 Parcel 285) and the southern sideline of Boulevarde;  Copeland Street between the southern sideline of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue) and the eastern sideline of Atlantic Avenue;  Atlantic Avenue between the southern lot line of a property at 6 Gladlands Avenue (Assessor Map 80 Parcel 179) and the northern sideline of Pochick Avenue, the southern sideline of Nobadeer Avenue and the western sideline of Surfside Road (f.k.a. Myrtle Street);  Station Avenue between the western sideline of Atlantic Avenue and its terminus at an extension of the southern lot line of a property at 5 Station Street (Assessor Map 87 Parcel 114) then west to the western sideline of Station Avenue;  Curve Street between the northeastern sideline of Station Avenue and the western sideline of Cononicus Street (f.k.a. or a.k.a. Laurel Street);  Arrugia Street (f.k.a. School Street) between the southern sideline of Atlantic Avenue and the northern sideline of Curve Street;  Nonantum Avenue: between the western sideline of Laurel Street and the eastern sideline of Atlantic Avenue;  Lovers Lane between the northern sideline of Weweeder Avenue and the southern sideline of Pochick Avenue;  Weweeder Avenue between the western sideline of Irving Street to the eastern sideline of Surfside Road (f.k.a. Myrtle Street); excluding any portion of Boulevarde (f.k.a. Central Street), Clifford Street, Pequot Street and Cherry Street (a.k.a. Naushon Way) and between the western sideline of Everett Street to the western sideline of Russell Street;  Western Avenue between the eastern sideline of Surfside Road and its eastern terminus;  Poplar Street between the northern sideline of Western Avenue and the southern sideline of Atlantic Avenue;  Unnamed ways between the western sideline of Surfside Road, the eastern sideline of Cononicus Street and the southern sideline of Atlantic Avenue;  Everett Street between the southern sideline of Weweeder Avenue to the Atlantic Ocean, not including any portion of Boulevarde;  Boulevarde from the western sideline of Everett Street to the western lot line of Assessor Map 88 Parcel 31; 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. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 98” dated January 2011 and filed herewith at the Office of the Town Clerk. Page 124 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portion of thirty-four (34) unconstructed rights of way in the Surfside area of Nantucket as identified in the Warrant under Article 98, together with any public and private rights of passage, for public ways and/or general municipal purposes, as amended below:  Laurel, School and Myrtle Streets between the northeastern sideline of Surfside Road and the southern sideline of Maclean Street, and Laurel Street (n.k.a. Canonicus Street) between the northern sideline of an unnamed way and the southern sideline of Atlantic Avenue;  Atlantic Avenue between the southern lot line of a property at 6 Gladlands Avenue (Assessor Map 80 Parcel 179) and the northern sideline of Pochick Avenue, the southern sideline of Nobadeer Avenue and the western northern sideline of Western Avenue excluding any portion of Surfside Road (f.k.a. Myrtle Street);  Station Avenue Street between the western sideline of Atlantic Avenue and its terminus at an extension of the southern lot line of a property at 5 Station Street (Assessor Map 87 Parcel 114) then west to the western sideline of Station Avenue Street;  Curve Street between the northeastern sideline of Station Avenue Street and the western sideline of Canonicus Street (f.k.a. or a.k.a. Laurel Street);  Arrugia Auriga Street (f.k.a. School Street) between the southern sideline of Atlantic Avenue and the northern sideline of Curve Street;  Unnamed ways between the western sideline of Surfside Road, the eastern sideline of Canonicus Street and the southern sideline of Atlantic Avenue. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 98” dated January 2011. ARTICLE 99 (Real Estate Conveyance: “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 portion of land in the Surfside area of Nantucket known as Surfside South and identified below, subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions:  Plum, Poplar and Holly Streets between the northern sideline of Pochick Avenue and the southern sideline of Mequash Avenue (f.k.a. or a.k.a. Sechacha Avenue; excluding any portion of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue)); Page 125 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Laurel, School and Myrtle Streets between the northeastern sideline of Surfside Road and the southern sideline of Maclean Street;  Miacomet, Monomoy and Massasoit Avenues between the centerline of Irving and Hawthorne Streets;  Masquetuck and Dunham Streets between the northern sideline of Pochick Avenue and the southern sideline of Boulevarde;  Dunham Street and Irving Street: between the northern sideline of Nobadeer Avenue and the southern sideline of Weweeder Avenue;  Irving Street and Hawthorne Street: between the northern sideline of Massasoit Avenue and the southern sideline of Miacomet Avenue (excluding any portion of Monomoy Avenue);  Holly Street between the northern sideline of Nonantum Avenue to the southern sideline of Pochick Avenue (excluding any portion of Weweeder and Nobadeer Avenues);  Maclean Street between the eastern sideline of Fairgrounds Road and the eastern sideline of Myrtle Street;  Mequash Avenue (f.k.a. Sechacha Avenue) between the western sideline of Pequot Street (formerly or also known as Orange Street) and the eastern sideline of Naushon Way (f.k.a. Cherry Street);  Pochick Avenue between the eastern sideline of Naushon Way (f.k.a. Cherry Street) to the western sideline of Masquetuck Street (excluding any portion or Pequot and Woodbine Streets);  Masaquet Avenue (f.k.a. Wauwinet Avenue) between the eastern sideline of Pequot Avenue (formerly or also known as Orange Street) and the western sideline of Masquetuck Street and the terminus of a turning tee and the eastern sideline of Atlantic Avenue;  Woodbine Street between the northern sideline of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue) and the southern sideline of Mequash Avenue (f.k.a. or a.k.a. Sechacha Avenue);  Myles Standish Street (f.k.a. or a.k.a. Shimmo Street) between the northern lot line of property at 38 Pochick Avenue (Assessor Map 80 Parcel 11) and a north and east sideline of a property at 36 Pochick Avenue (Assessor Map 80, Parcel 285) and the southern sideline of Boulevarde;  Copeland Street between the southern sideline of Masaquet Avenue (f.k.a. or a.k.a. Wauwinet Avenue) and the eastern sideline of Atlantic Avenue;  Atlantic Avenue between the southern lot line of a property at 6 Gladlands Avenue (Assessor Map 80 Parcel 179) and the northern sideline of Pochick Avenue, the southern sideline of Nobadeer Avenue and the western sideline of Surfside Road (f.k.a. Myrtle Street);  Station Avenue between the western sideline of Atlantic Avenue and its terminus at an extension of the southern lot line of a property at 5 Station Street (Assessor Map 87 Parcel 114) west to the western sideline of Station Avenue;  Curve Street between the northeastern sideline of Station Avenue and the western sideline of Cononicus Street (f.k.a. or a.k.a. Laurel Street);  Arrugia Street (f.k.a. School Street) between the southern sideline of Atlantic Avenue and the northern sideline of Curve Street; Page 126 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Nonantum Avenue: between the western sideline of Laurel Street and the eastern sideline of Atlantic Avenue;  Lovers Lane between the northern sideline of Weweeder Avenue and the southern sideline of Pochick Avenue;  Weweeder Avenue between the western sideline of Irving Street to the eastern sideline of Surfside Road (f.k.a. Myrtle Street); excluding any portion of Boulevarde (f.k.a. Central Street), Clifford Street, Pequot Street and Cherry Street (a.k.a. Naushon Way);  Western Avenue between the eastern sideline of Surfside Road and its eastern terminus;  Poplar Street between the northern sideline of Western Avenue and the southern sideline of Atlantic Avenue;  Unnamed ways between the western sideline of Surfside Road, the eastern sideline of Cononicus Street and the southern sideline of Atlantic Avenue;  Boulevarde from the western sideline of Russell Street to the western lot line of Assessor Map 88 Parcel 31. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 99” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to convey, sell or otherwise dispose of the fee title or lesser interests in all or any portion of land in the Surfside area of Nantucket known as Surfside South and identified in the Warrant under Article 99, as amended below, and subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions:  Laurel, School and Myrtle Streets between the northeastern sideline of Surfside Road and the southern sideline of Maclean Street, and Laurel Street (n.k.a. Canonicus Street) between the northern sideline of an unnamed way and the southern sideline of Atlantic Avenue;  Atlantic Avenue between the southern lot line of a property at 6 Gladlands Avenue (Assessor Map 80 Parcel 179) and the northern sideline of Pochick Avenue, the southern sideline of Nobadeer Avenue and the western northern sideline of Western Avenue excluding any portion of Surfside Road (f.k.a. Myrtle Street);  Station Avenue Street between the western sideline of Atlantic Avenue and its terminus at an extension of the southern lot line of a property at 5 Station Street (Assessor Map 87 Parcel 114) then west to the western sideline of Station Avenue Street;  Curve Street between the northeastern sideline of Station Avenue Street and the western sideline of Canonicus Street (f.k.a. or a.k.a. Laurel Street); Page 127 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Arrugia Auriga Street (f.k.a. School Street) between the southern sideline of Atlantic Avenue and the northern sideline of Curve Street;  Unnamed ways between the western sideline of Surfside Road, the eastern sideline of Canonicus Street and the southern sideline of Atlantic Avenue. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 99” dated January 2011. ARTICLE 100 (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 lesser interests than fee in all or any portion of thirty (30) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded at the Nantucket Registry of Deeds on May 17, 1889 at Plan Book 2, Page 60, but subsequently removed or eliminated in later subdivisions, and identified below, together with any public and private rights of passage, for public ways, open space and/or general municipal purposes:  Dearborn Street between the northern sideline of Maclean Street and the southern sideline of Oniska Avenue;  Central Avenue (Street) between the northern sideline of the Boulevarde and the eastern sideline of Dearborn Street (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, and Massasoit Avenues);  Hawthorne Street between the northern sideline of Weweeder Avenue and the eastern sideline of Dearborn Street (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, Massasoit, Monomoy and Miacomet Avenues);  Irving Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  (Mount) Vernon Street between the northern sideline of Okorwaw Street and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline and Woodland Drives) the southern sideline of Oniska Avenue and between the northern sideline of Pochick and the southern sideline of Pocomo Avenues;  Waverly Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline and Woodland Drives) the southern sideline of Oniska Avenue and between the northern sideline of Pochick and the southern sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue);  Adams Street between the northern sideline of Pocomo Avenue and (excluding any portion of Okorwaw, Chappomis, Massasoit, and Monomoy Avenues and Skyline Drive) the southern sideline of Miacomet Avenue;  Andrew Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, Massasoit and Monomoy Avenues, and Skyline Drive) the southern sideline of Oniska Avenue; Page 128 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Clay Street between the northwestern sideline of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Jackson Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue and between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and the southern sideline of Pocomo Avenue;  Sumner Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Washington Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Webster Street between the northern sideline of Skyline Drive and the southern sideline of Oniska Avenue and between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and the southern sideline of Chappomis Avenue;  Wilson Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Everett Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Russell Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Starbuck Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road and Monomoy Avenue) the southern sideline of Oniska Avenue;  Gardner Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road and Monomoy Avenue) the southern sideline of Oniska Avenue;  Pochick Avenue between the eastern sideline of Adams Street to the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Pocomo Avenue between the eastern sideline of Lovers Lane to the centerline of Prospect Street (aka Harriet Street), between the centerline of Central Avenue (Street) and the centerline of Hawthorne Street, and between the centerline of (Mount) Vernon Street and (excluding any portion of Monohansett Road) the centerline of Jackson Street;  Chappomis Avenue between the eastern sideline of Hawthorne Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern Page 129 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Massasoit Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Skyline Drive, Webster Street and Monohansett Road) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Maclean Street between the eastern sideline of Lover’s Lane and the northern sideline of Okorwaw Avenue and between the eastern sideline of Myrtle Street and the western sideline of Lover’s Lane;  Monomoy Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Prospect Street (aka Harriet Street) between the northern sideline of Boulevarde and the southern sideline of Pochick Avenue and between the northern sideline of Pocomo Avenue and (excluding any portion of Okorwaw Avenue) the eastern sideline of Dearborn Street;  Miacomet Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Woodland Drive) to the southern sideline of Oniska Avenue; and  Oniska Avenue from the eastern property line of a parcel known as Assessor Map 68 parcel 68 and (excluding any portion of Monohansett Road) the western sideline of Macy’s Lane;  Poplar Street between the northern sideline of Nobadeer Avenue and the southern sideline of Pochick Avenue and between the northern sideline of Mequash Avenue and the southern sideline of the Boulevarde;  School Street (s.k.a. Aurgia Street) between the eastern sideline of Atlantic Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue;  Atlantic Avenue between the northern sideline of Nobadeer Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue; 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. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 100” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the lesser interests than fee in all or any portion of thirty (30) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded at the Nantucket Registry of Deeds on May 17, 1889 at Plan Book 2, Page 60, but subsequently removed or eliminated in later subdivisions, and identified in the Warrant under Article 100, together with any public and private rights of passage, for public ways, open space and/or general municipal purposes, and as amended below: Page 130 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Chappomis Avenue between the eastern sideline of Hawthorne Dearborn Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Oniska Avenue from the eastern property line of a parcel known as Assessor Map 68 parcel 68 and (excluding any portion of Monohansett Road and Woodland Drive) the western sideline of Macy’s Lane;  Poplar Street between the northern sideline of Nobadeer Avenue and the southern sideline of Pochick Avenue and (excluding any portion of Weweeder Avenue) between the northern sideline of Mequash Avenue and the southern sideline of the Boulevarde;  School Street (s.k.a. Aurgia Auriga Street) between the eastern sideline of Atlantic Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 100” dated January 2011. ARTICLE 101 (Real Estate Conveyance: “Paper” Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, release or otherwise dispose of any interests in all or any portion of thirty (30) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded at the Nantucket Registry of Deeds on May 17, 1889 at Plan Book 2, Page 60, but subsequently removed or eliminated in later subdivisions, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions, as identified below:  Dearborn Street between the northern sideline of Maclean Street and the southern sideline of Oniska Avenue;  Central Avenue (Street) between the northern sideline of the Boulevarde Avenue and the eastern sideline of Dearborn Street (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, and Massasoit Avenues);  Hawthorne Street between the northern sideline of Weweeder Avenue and the eastern sideline of Dearborn Street (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, Massasoit, Monomoy and Miacomet Avenues);  Irving Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  (Mount) Vernon Street between the northern sideline of Okorwaw Street and (excluding any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline and Woodland Drives) the southern sideline of Oniska Avenue and between the northern sideline of Pochick and the southern sideline of Pocomo Avenues;  Waverly Street between the northern sideline of Okorwaw Avenue and (excluding Page 131 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions any portion of Chappomis, Massasoit, Monomoy and Miacomet Avenues and Skyline and Woodland Drives) the southern sideline of Oniska Avenue and between the northern sideline of Pochick and the southern sideline of Okorwaw Avenue (excluding any portion of Pocomo Avenue);  Adams Street between the northern sideline of Pocomo Avenue and (excluding any portion of Okorwaw, Chappomis, Massasoit, and Monomoy Avenues and Skyline Drive) the southern sideline of Miacomet Avenue;  Andrew Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Pochick, Pocomo, Okorwaw, Chappomis, Massasoit and Monomoy Avenues, and Skyline Drive) the southern sideline of Oniska Avenue;  Clay Street between the northwestern sideline of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Jackson Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue and between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and the southern sideline of Pocomo Avenue;  Sumner Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Washington Street between the northern sideline of Okorwaw Avenue and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Webster Street between the northern sideline of Skyline Drive and the southern sideline of Oniska Avenue and between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and the southern sideline of Chappomis Avenue;  Wilson Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Chappomis, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Everett Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Russell Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road, Massasoit and Monomoy Avenues and Skyline Drive) the southern sideline of Oniska Avenue;  Starbuck Street between the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road and Monomoy Avenue) the southern sideline of Oniska Avenue;  Gardner Street between the northwestern lot line of Assessor Map 79 Parcel 12 Page 132 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Nantucket Memorial Airport) and (excluding any portion of Monohansett Road and Monomoy Avenue) the southern sideline of Oniska Avenue;  Pochick Avenue between the eastern sideline of Adams Street to the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Pocomo Avenue between the eastern sideline of Lovers Lane to the centerline of Prospect Street (aka Harriet Street), between the centerline of Central Avenue (Street) and the centerline of Hawthorne Street, and between the centerline of (Mount) Vernon Street and (excluding any portion of Monohansett Road) the centerline of Jackson Street;  Chappomis Avenue between the eastern sideline of Hawthorne Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Massasoit Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Skyline Drive, Webster Street and Monohansett Road) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Maclean Street between the eastern sideline of Lover’s Lane and the northern sideline of Okorwaw Avenue and between the eastern sideline of Myrtle Street and the western sideline of Lover’s Lane;  Monomoy Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Prospect Street (aka Harriet Street) between the northern sideline of Boulevarde and the southern sideline of Pochick Avenue and between the northern sideline of Pocomo Avenue and (excluding any portion of Okorwaw Avenue) the eastern sideline of Dearborn Street;  Miacomet Avenue between the eastern sideline of Dearborn Street and (excluding any portion of Woodland Drive) to the southern sideline of Oniska Avenue; and  Oniska Avenue from the eastern property line of a parcel known as Assessor Map 68 parcel 68 and (excluding any portion of Monohansett Road) the western sideline of Macy’s Lane;  Poplar Street between the northern sideline of Nobadeer Avenue and the southern sideline of Pochick Avenue and between the northern sideline of Mequash Avenue and the southern sideline of the Boulevarde;  School Street (s.k.a. Auriga Street) between the eastern sideline of Atlantic Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue;  Atlantic Avenue between the northern sideline of Nobadeer Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue; and Subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 101” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. Page 133 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to sell, convey, release or otherwise dispose of any interests in all or any portion of thirty (30) unconstructed rights of way in the Surfside area of Nantucket, shown on a plan recorded at the Nantucket Registry of Deeds on May 17, 1889 at Plan Book 2, Page 60, but subsequently removed or eliminated in later subdivisions, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions, as identified in the Warrant under Article 101, subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, and as amended below:  Chappomis Avenue between the eastern sideline of Hawthorne Dearborn Street and (excluding any portion of Monohansett Road and Skyline Drive) the northwestern lot line of Assessor Map 79 Parcel 12 (Nantucket Memorial Airport);  Oniska Avenue from the eastern property line of a parcel known as Assessor Map 68 parcel 68 and (excluding any portion of Monohansett Road and Woodland Drive) the western sideline of Macy’s Lane;  Poplar Street between the northern sideline of Nobadeer Avenue and the southern sideline of Pochick Avenue and (excluding any portion of Weweeder Avenue) between the northern sideline of Mequash Avenue and the southern sideline of the Boulevarde;  School Street (s.k.a. Aurgia Auriga Street) between the eastern sideline of Atlantic Avenue and (excluding any portion of Weweeder Avenue) the southern sideline of Pochick Avenue. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 101” dated January 2011. ARTICLE 102 (Real Estate Acquisition: Land and “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 portion of the following lands or unconstructed right of ways together with any public and private rights of passage, for public ways, open space and/or general municipal purposes:  The easterly half of Shimmo Street a.k.a. Myles Standish Street between the southern sideline of Nonantum Avenue to the Atlantic Ocean;  Atlantic Avenue from the eastern sideline of Uncatena Street, f.k.a. Wannacomet Street to the western lot line of a parcel of land shown on Assessor Map 87 as Parcel 43;  A parcel of land shown on Assessor Map 87 as Parcel 42;  A parcel of land shown on Assessor Map 87 as Parcel 44; Page 134 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions 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. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 102” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portion of the lands or unconstructed right of ways together with any public and private rights of passage, for public ways, open space and/or general municipal purposes as identified under Article 102 of this Warrant, all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 102” dated January 2011. ARTICLE 103 (Real Estate Conveyance: Land and “Paper” Streets in Surfside) To see if the Town will vote to authorize the Board of Selectmen to (1) sell, convey or otherwise dispose of the fee or lesser interests in all or any portion of the subject land pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, (2) dedicate all or any portion of the subject land for open space and recreational purposes, and/or (3) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in regard to the following land:  The eastern half of Shimmo Street a.k.a. Myles Standish Street between the southern sideline of Nonantum Avenue to the Atlantic Ocean;  Atlantic Avenue from the eastern sideline of Uncatena Street, f.k.a. Wannacomet Street to the western lot line of a parcel of land shown on Assessor Map 87 as Parcel 43;  A parcel of land shown on Assessor Map 87 as Parcel 42;  A parcel of land shown on Assessor Map 87 as Parcel 44; and All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 103” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to (1) sell, convey or otherwise dispose of the fee or lesser interests in all or any portion of the subject land identified under Article 103 of this Warrant pursuant to Chapter 30B of Page 135 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, (2) dedicate all or any portion of the subject land for open space and recreational purposes, and/or (3) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 103” dated January 2011. ARTICLE 104 (Real Estate Conveyance: 144 Surfside Road) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of any interest the Town may have in, or to, part of that certain property located at 144 Surfside Road, more specifically, Lots 3 and 4 on Plan File 53A on file in the Nantucket County Registry District of the Land Court, subject to Massachusetts General Law chapter 30B, and to take any other action as may be related or appropriate thereto. (David E. Webster, Jr., et al) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to sell, convey or otherwise dispose of any interest the Town may have in, or to, part of that certain property located at 144 Surfside Road, more specifically, Lots 3 and 4 on Plan File 53A on file in the Nantucket County Registry District of the Land Court, subject to Massachusetts General Law chapter 30B. ARTICLE 105 (Real Estate Acquisition: “Paper” Street (Opposite Ann’s Lane) in Siasconset) 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 a way opposite of Anns or Ann’s Lane bound by the eastern sideline of Baxter Road, the southern lot line of Assessor Map 49 Parcel 14, easterly by land owned by the Town of Nantucket and containing the Siasconset Bluffwalk (Assessor Map 49 Parcel 9), and the northern lot line of Assessor Map 49 Parcel 13 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. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 105” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action as related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the fee title or lesser interests in all or any portions of a way opposite of Anns or Ann’s Lane bound by the eastern sideline of Page 136 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Baxter Road, the southern lot line of Assessor Map 49 Parcel 14, easterly by land owned by the Town of Nantucket and containing the Siasconset Bluffwalk (Assessor Map 49 Parcel 9), and the northern lot line of Assessor Map 49 Parcel 13; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 105”. ARTICLE 106 (Real Estate Conveyance: Land and “Paper” Street (Opposite Ann’s Lane) in Siasconset) To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of all or any portion of a way opposite of Ann’s Lane bound by the eastern sideline of Baxter Road, the southern lot line of Assessor Map 49 Parcel 14, easterly by land owned by the Town of Nantucket and containing the Siasconset Bluffwalk (Assessor Map 49 Parcel 9), subject to M.G.L. c.30B and guidelines established under the “Nantucket Yard Sales” program on file with the Board of Selectmen’s office, and further to sell, convey or otherwise dispose of interests, but not including fee interests, of certain areas of land lying westward from the Siasconset Bluffwalk (portion of Assessor Map 49 Parcel 9) to the eastern lot lines of Assessor Map 49 Parcels 11, 12, 13, and 14, such disposition to be on the terms or conditions as the Board of Selectmen may deem appropriate, which may include the reservations of easements or restrictions; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 106” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to sell, convey or otherwise dispose of all or any portion of a way opposite of Ann’s Lane bound by the eastern sideline of Baxter Road, the southern lot line of Assessor Map 49 Parcel 14, easterly by land owned by the Town of Nantucket and containing the Siasconset Bluffwalk (Assessor Map 49 Parcel 9), subject to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file with the Board of Selectmen’s office, and further to sell, convey or otherwise dispose of interests, but not including fee interests, of certain areas of land lying westward from the Siasconset Bluffwalk (portion of Assessor Map 49 Parcel 9) to the eastern lot lines of Assessor Map 49 Parcels 11, 12, 13, and 14, such disposition to be on the terms or conditions as the Board of Selectmen may deem appropriate, which may include the reservations of easements or restrictions; all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 106” dated January 2011. ARTICLE 107 (Real Estate Acquisition: Various “Paper” Streets) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for public ways, open space and/or general municipal Page 137 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions purposes the fee title or lesser interests, together with any public and private rights of passage, in all or any portions of the following unconstructed right of ways:  Proprietors Road in the Shimmo area known as Gardner Road bounded by the northeastern lot line of Parcels 131, 132, 133, the northeastern sideline of South Valley Road, the northeastern lot line of Parcels 134 and 135, the southeastern sideline of North Road, the southwestern lot line of Parcels 85, 86, and 92, and the northwestern lot line of Parcel 96; all as shown on Assessor Map 43;  Vestal Street bounded by the southern sideline of Dukes Road, the northern lot line of Parcels 244, 267 and 268, a line extending across Vestal Street from the northeastern corner of Parcel 268 to the southeastern corner of Parcel 246, and the southern sideline of Parcels 246 and 245; all as shown on Assessor Map 56;  Pollock (a.k.a. Pollack) Avenue and High Street between the southern sideline of Morgan Square and the northern sideline of Western Avenue; Morgan Square bounded by a line extending the southern sideline of Brooks Avenue across Morgan Square, the western and southern lot lines of Parcel 3.4, the southern lot line of Parcel 3.3, a line extending the eastern lot line of Parcel 3.3 across Morgan Square; a northern lot line of Parcel 4, the northern sideline of High Street, the northern lot line of Parcel 91, the northern sideline of Pollock (aka) Pollack) Avenue and the western and a northern lot lines of Parcel 86; and Western Avenue bounded by the southern lot lines of Parcel 93, 4, and 91 and the southern sidelines of Pollock Avenue, Washington Street and High Street, northern and western lot lines of Parcel 36, and eastern by a line extending across Western Avenue extending from the western lot line of Parcel 84; all as shown on Assessor Map 87;  Orleans Road between the southwestern sideline of Boston Avenue and the northern sideline of Brewster Road; all as shown on Assessor Map 54;  Hulbert Avenue Extension between a line perpendicular to the western sideline at a point where the northeast corner of Assessor Map 30 Parcel 49 intersects Hulbert Avenue Extension to Nantucket Sound;  Sherburne Turnpike-Lot P-5 as shown on a plan entitled “Proposed Modification of Sherburne Turnpike (a.k.a. Sherburne Avenue) dated February 2007, by Blackwell and Associates, Inc.” and on file at the Nantucket Registry of Deeds at Plan No. 2008-62; 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. Page 138 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 107” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain, for public ways, open space and/or general municipal purposes the fee title or lesser interests, together with any public and private rights of passage, in all or any portions of the following unconstructed right of ways identified in Article 107 of this Warrant, all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 107” dated January 2011. ARTICLE 108 (Real Estate Conveyance: Various “Paper” Streets) To see if the Town will vote to authorize the Board of Selectmen to (1) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, (2) dedicate all or any portion of the subject land for open space and recreational purposes, and/or (3) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in regard to the following land:  Proprietors Road in the Shimmo area known as Gardner Road bounded by the northeastern lot line of Parcels 131, 132, 133, 134, and 135, the southeastern sideline of North Road, the southwestern lot line of Parcels 85, 86, and 92, and the northwestern lot line of Parcel 96; all as shown on Assessor Map 43;  Vestal Street bounded by the southern sideline of Dukes Road, the northern lot line of Parcels 244, 267 and 268, a line extending across Vestal Street from the northeastern corner of Parcel 268 to the southeastern corner of Parcel 246, and the southern sideline of Parcels 246 and 245; all as shown on Assessor Map 56;  Pollock (a.k.a. Pollack) Avenue and High Street between the southern sideline of Morgan Square and the northern sideline of Western Avenue; Morgan Square bounded by a line extending the southern sideline of Brooks Avenue across Morgan Square, the western and southern lot lines of Parcel 3.4, the southern lot line of Parcel 3.3, a line extending the eastern lot line of Parcel 3.3 across Morgan Square; a northern lot line of Parcel 4, the northern sideline of High Street, the northern lot line of Parcel 91, the northern sideline of Pollock (aka) Pollack) Avenue and the Page 139 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions western and a northern lot lines of Parcel 86; and Western Avenue bounded by the southern lot lines of Parcel 93, 4, and 91 and the southern sidelines of Pollock Avenue, Washington Street and High Street, northern and western lot lines of Parcel 36, and eastern by a line extending across Western Avenue extending from the western lot line of Parcel 84; all as shown on Assessor Map 87;  Orleans Road between the southwestern sideline of Boston Avenue and the northern sideline of Brewster Road; all as shown on Assessor Map 54;  Hulbert Avenue Extension between a line perpendicular to the western sideline at a point where the northeast corner of Assessor Map 30 Parcel 49 intersects Hulbert Avenue Extension to Nantucket Sound;  Sherburne Turnpike-Lot P-5 as shown on a plan entitled “Proposed Modification of Sherburne Turnpike (a.k.a. Sherburne Avenue) dated February 2007, by Blackwell & Associates, Inc.” and on file at the Nantucket Registry of Deeds at Plan No. 2008-62; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 108” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to take the following actions on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the various “paper” street lands as follows:  To sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the Proprietors Road in the Shimmo area known as Gardner Road pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, provided that the Board retains an easement over the existing travelled way where it is within the layout;  To sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of Vestal Street, Orleans Road, and Sherburne Turnpike-Lot P-5 pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office;  To sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of Morgan Square pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office. The balance of Morgan Square not conveyed, Pollock (a.k.a. Page 140 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Pollack) Avenue, High Street and Western Avenue may be conveyed to the Nantucket Islands Land Bank;  To sell, convey or otherwise dispose of the fee or lesser interests of a portion of Hulbert Avenue Extension, to be determined, but not including any land that may, in the opinion of the Board of Selectmen, provide for recreational beach use adjacent to Nantucket Sound, pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, with the balance being dedicated for open space and recreational purposes and incorporated into adjacent Town owned property located at 40 Bathing Beach Road (Assessor Map 29 Parcel 1); All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 108” dated January 2011. ARTICLE 109 (Real Estate Acquisition: Miscellaneous Land) 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 for public ways, open space and/or general municipal purposes in all or any portion of the following lands or unconstructed right of ways:  Map 75, Parcel 38, Jonathan Way  Map 21, Parcel 146, Rear Quidnet Road 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. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 109” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to acquire by purchase, gift or eminent domain the fee title or lesser interests for public ways, open space and/or general municipal purposes in all or any portion of the following lands or unconstructed right of ways:  Map 75, Parcel 38, Jonathan Way  Map 21, Parcel 146, Rear Quidnet Road All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 109” dated January 2011. Page 141 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 110 (Real Estate Conveyance: Miscellaneous Land) To see if the Town will vote to authorize the Board of Selectmen to (1) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land pursuant to Chapter 30B of the Massachusetts General Laws, (2) dispose of same pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file with the Board of Selectmen’s office, (3) dedicate all or any portion of the subject land for open space and recreational purposes, and (4) sell, convey or otherwise dispose of the fee or lesser interests of any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the following land:  Map 75, Parcel 38, Jonathan Way  Map 21, Parcel 146, Rear Quidnet Road  Map 87, Parcel 91, Western Ave  Map 43, Parcel 92, Gardner Road  Map 42.2.3, Parcel 19, 76 Washington Street  Portion of Miller Lane, Lot B2, containing 38,577 square feet of land and a portion of Lot B1, labeled “Buffer Area”, containing 16,960 square feet of land, as shown on a plan entitled “Review Plan to Show Proposed Redivision of Lot B/Miller Ln.” prepared by Blackwell & Associates, Inc. dated September 25, 2008. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 110” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to take the following actions on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the various land as follows:  To sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of Map 43 Parcel 92, known as 25 Gardner Road, pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, provided that the Board retains an easement over the existing travelled way;  To dedicate all or any portion of Map 75, Parcel 38, Jonathan Way and Map 21 Parcel 146, Rear Quidnet Road, for open space and recreational purposes, or sell, convey or otherwise dispose of the fee or lesser interests of any portion of the land identified to the Nantucket Islands Land Bank, or may sell, convey or otherwise dispose of the fee or lesser Page 142 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions interests of all or any portion pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, provided that a conservation restriction has been placed on the properties protecting their open space value to adjoining properties;  To dedicate all or any portion of Miller Lane, Lot B2 and all or any portion of Lot B-1 labeled “Buffer Area”, and Map 42.2.3 Parcel 19, 76 Washington Street for open space and recreational purposes, or to sell, convey or otherwise dispose of the fee or lesser interests of any portion of the land identified to the Nantucket Islands Land Bank; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 110” dated January 2011. ARTICLE 111 (Real Estate Conveyance: Transfer of Miscellaneous Town Land to Airport) To see if the Town will vote pursuant to Chapter 40 section 15A to authorize the Board of Selectmen to transfer the care, custody, management and control of the following parcels of land to the Nantucket Memorial Airport for any and all airport purposes; any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the following land:  Map 78 Parcel 19, Surfside;  Map 79 Parcel 13, Weweeder Avenue;  Map 79 Parcel 63, Monohansett Road;  Map 79 Parcel 113, Monohansett Road;  Map 88 Parcel 36, Boulevarde  Weweeder Avenue between the western sideline of Everett Street to the western sideline of Russell Street  Everett Street between the southern sideline of Weweeder Avenue to the Atlantic Ocean, not including any portion of Boulevarde;  Boulevarde from the western sideline of Everett Street to the western sideline of Russell Street. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 111” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to transfer the care, custody, management and control of the following parcels of land to the Nantucket Memorial Airport for any and all airport purposes; any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions in regard to the following land: Page 143 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions  Map 78 Parcel 19, Surfside;  Map 79 Parcel 13, Weweeder Avenue;  Map 88 Parcel 36, Boulevarde  Weweeder Avenue between the western sideline of Everett Street to the western sideline of Russell Street  Everett Street between the southern sideline of Weweeder Avenue to the Atlantic Ocean, not including any portion of Boulevarde;  Boulevarde from the western sideline of Everett Street to the western sideline of Russell Street. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 111” dated January 2011. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. ARTICLE 112 (Real Estate Conveyance: Miscellaneous Land) To see if the Town will vote to authorize the transfer of the following parcels of land from the care and custody of the Nantucket Memorial Airport Commission to the Town of Nantucket and/or the Nantucket Islands Land Bank for any and all legal purposes:  Map 69 Parcel 3.1 (a portion of), 10 Sun Island Road;  Map 69 Parcel 106, 6 Sun Island Road; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 112” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the following parcels of land are transferred from the care and custody of the Nantucket Memorial Airport Commission to the Town of Nantucket and/or the Nantucket Islands Land Bank for any and all legal purposes:  Map 69 Parcel 3.1 (a portion of), 10 Sun Island Road; All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 112” dated January 2011. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. Page 144 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 113 (Real Estate Conveyance: Industrial Land) 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 in all or any portion of Lots F, G, I and N as shown on a plan entitled “Subdivision Plan of Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-62, subject to Chapter 30B of the Massachusetts General Laws and a finding by the Board of Selectmen that such sale, conveyance or release furthers community planning and environmental protection goals. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 113” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 114 (Real Estate Conveyance: Easement – Madequecham Valley Road) To see if the Town will vote to authorize the Board of Selectmen to grant an easement for any purposes for which public and private ways are commonly used in the Town of Nantucket over a certain parcel of land known as Assessor Map 78 Parcel 19 and a way, s.k.a. Madequecham Valley Road, a.k.a. Old Road, between Old South Road, a.k.a. Bunker Road, and the northern lot line of Assessor Map 78 Parcel 19, to the Nantucket Conservation Foundation, Inc. and other property owners with rights in a road shown as South Road laid out by the County Commissioners in October 1933 (see Road Book:3 page 337/C.C.O. #170) to be discontinued south of Shadbush Road through Lot F as shown on a plan entitled “Subdivision Plan of Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-62 and Lots C and D (owned by the Nantucket Islands Land Bank) on a plan at the Nantucket Registry of Deeds at Plan No. 2010-15. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 114” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to grant an easement for any purposes for which public and private ways are commonly used in the Town of Nantucket over a certain parcel of land known as Assessor Map 78 Parcel 19 and a way, s.k.a. Madequecham Valley Road, a.k.a. Old Road, between Old South Road, a.k.a. Bunker Road, and the northern lot line of Assessor Map 78 Parcel 19, to the Nantucket Conservation Foundation, Inc. and other property owners with rights in a road shown as South Road laid out by the County Commissioners in October 1933 (see Road Book:3 page 337/C.C.O. #170) to be discontinued south of Shadbush Page 145 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Road through Lot F as shown on a plan entitled “Subdivision Plan of Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-62 and Lots C and D (owned by the Nantucket Islands Land Bank) on a plan at the Nantucket Registry of Deeds at Plan No. 2010-15.All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 114” dated January 2011. ARTICLE 115 (Real Estate Conveyance: Grant of Easement - 143A Surfside Road) To see if the Town will vote to authorize the Board of Selectmen to grant an easement over land located at Map 80 Parcel 101.2: 143A Surfside Road, containing approximately 5,009 square feet, in order to provide for access for underground utilities to reach 143D Surfside Road, Map 80 Parcel 101.5. All as shown on a map entitled “2011 Annual Town Meeting Warrant Article 115” dated January 2011 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Habitat for Humanity) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to grant an easement over land located at Map 80 Parcel 101.2: 143A Surfside Road, containing approximately 5,009 square feet, in order to provide for access for underground utilities to reach 143D Surfside Road, Map 80 Parcel 101.5, all as shown on a map entitled “2011 Annual Town Meeting Warrant Article 115” dated January 2011. ARTICLE 116 (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 section 5B of the Massachusetts 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 2011 tax levy. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 117 (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 Page 146 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions use in the fixing the tax rate, pass any vote, or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 147 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report PLANNING BOARD REPORT Chapter 40A, section 5 of the Massachusetts General Laws authorizes the Planning Board (hereafter the Board) to issue an advisory report to Town Meeting. Although a motion for Articles 46 through 64 is printed in the Warrant, this report provides additional information to help voters understand the basis for each motion. In an effort to provide better information about the planning process, the Board felt it was important to add this report and a glossary to this year’s Warrant. The Board is guided by the approved Master Plan, unanimously accepted by Town Meeting in April of 20091. Overall, the Board’s motions are consistent with the goals and policies of the Master Plan and they represent a balanced approach to guiding the community’s future physical development. The information on each article is as follows: Article 46 implements a Board of Selectmen initiative to produce renewable energy at the landfill site and to participate in the Green Communities Program2. The purpose of the Article is to create a Wind Energy Overlay District (WEOD) where a large scale wind turbine(s) would be permitted under zoning subject to minor site plan review, which is consistent with Master Plan policies regarding Natural and Cultural Resources3. Additional permitting must be sought from other non-zoning agencies, such as the HDC. Articles 47 through 57 are Zoning Map changes. Articles 47 through 52 are sponsored by the Planning Board and Articles 53 through 57 are sponsored by citizens. In their development and review, the Board considered compliance with the Master Plan, including, but not limited to, such policies as:  Correcting Town and Country Overlay District anomalies4  Matching zoning districts with the character of the surrounding area5  Phasing out certain zoning districts6  Creating village neighborhood centers7  Protecting established neighborhoods from incompatible commercial uses8  Addressing issues in 6 of 18 identified Planning Areas9 1 Warrant Article 26 of the 2009 Annual Town Meeting 2 2010-2011 Board of Selectmen Goals and Objectives, revised through January 12, 2011 3 2009 Nantucket Master Plan, Goal 5.1 Policy 5.1.5, page 40-41 “To support the responsible development of alternative energy sources, including wind, …” 4 2009 Nantucket Master Plan, Figure 16, page 47 and Goal 2.2 Policy 2.2.1, page 90 (Articles 47, 49, 50, 51,and 52) 5 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.3, page 90 (Articles 47, 48, 49, 51, 52, 54, 55, and 56) 6 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1a, page 90 (Articles 47, 48, 49, and 55) 7 2009 Nantucket Master Plan, Figure 15, page 46 and Goal 2.2, Policy 2.2.2, page 91 (Article 52) 8 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.2 and 2.2.3, page 91 (Articles 47, 48, and 49) 9 2009 Nantucket Master Plan, Figure 17, page 48 (Articles 47, 48, 49, 52, 55, and 57) Page 148 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report Planning Board sponsored articles advance Master Plan actions identified in the “Zoning District Implementation Schedule”10. The Board recommended citizen articles that either advance or were not in contradiction with policy and implementation goals. Articles 54 and 57 were amended by the Board to remove parcels where development impacts were adverse to sound planning principles. Overall, the proposed map changes balance additions and reductions in future development, remove development potential in an environmentally sensitive location next to Miacomet Pond, and focuses commercial development in identified neighborhood centers11. Articles 58, 61, 63, and 64 are Planning Board sponsored Zoning Bylaw amendments. Of these four Articles, 63 is the most important, as it would reduce barriers to the creation of affordable or moderate income housing12. Articles 61 and 64 are low impact or technical corrections. Article 58, regarding swimming pools, will require additional study by a work group. Articles 59 and 60 are citizen sponsored Zoning Bylaw amendments. The Planning Board strongly opposes Article 59 for reasons articulated in the comment section of Article 59. The Board must stress that the Article clashes with advice and direction provided in numerous studies13 following the 1990 Goals and Objectives for Balanced Growth recommendation to study a downtown parking garage14. The purpose of Article 60 is to modify the definition of Lot Area, which currently references State wetlands regulations, to also include a reference to the local Wetlands Bylaw. The Board supports this Article as a good practice and notes that it clarifies the authority of the Conservation Commission to establish wetland boundaries15. The Planning Board recognizes the hard work of its staff, the active participation by citizens, and appreciates the thoughtful review of these articles by Town Meeting voters. If you have questions or concerns about the zoning articles, we encourage you to seek answers in advance of Town Meeting from individual Board members or contact Planning Office staff at 508-228-7233. 10 2009 Nantucket Master Plan, Figure 39, page 90 (Articles 47, 48, 49, 50, 51, 52, and 55) 11 2009 Nantucket Master Plan, Figure 15, page 46 (Articles 47, 48, and 52) 12 2009 Nantucket Master Plan, page 49, and Goal 3.1 Policy 3.1.1, page 92 13 Wilkes Square Redevelopment, September 15, 2010; 2009 Downtown Parking Study, Tetra Tech Rizzo; 2009 Nantucket Master Plan, page 55; Downtown Circulation and Ferry Access Improvement Study, Milone and MacBroom, 2008; 2007 Regional Transportation Plan 14 2009 Nantucket Master Plan, Goal 4.1 Policy 4.1.4, page 93 15 2007 Open Space and Recreation Plan, Goal 1 Objective 1.C.9, page 218 “The Town should continue to promote and enforce regulations which ensure development in Nantucket which is compatible with and promotes natural resources” Page 149 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Zoning Article Glossary The Planning Board has provided this glossary to serve as a summarized reference for selected terms in Articles 46 through 64. Article 46 310 CMR 7.10 Noise – the DEP has established a Noise Level Policy for implementing this regulation. “The policy specifies that the ambient sound level, measured at the property line of the facility or at the nearest inhabited buildings, shall not be increased by more than 10 decibels weighted for the "A" scale [dB(A)] due to the sound from the facility during its operating hours.” “The ambient sound level is rarely found to be constant over time, and is usually quite variable. The ambient sound level is considered to be the level that is exceeded 90% of the time that the noise measurements are taken. This sound level may also be established by other means with the consent of the DEP.” “The guideline further states that the facility shall not produce a pure-tone condition at the property line (or at the nearest inhabited buildings). A pure-tone exists if the sound pressure level, at any given octave band center frequency, exceeds the levels of the two adjacent octave bands by three (3) or more decibels.” (Source: http://www.airandnoise.com/MA310CMR710.html) Articles 47 through 57 The intensity regulations, pursuant to the Code of the Town of Nantucket, Chapter 139 (Zoning), section 16 are referenced below. Intensity Regulations - Zoning Bylaw Section 139-16 Yard Setback Zoning District Minimum Lot Size (square feet) Front (feet) Rear/Side (feet) Frontage (feet) Ground Cover Ratio LUG-3 120,000 35 20 200 3% LUG-2 80,000 35 15 150 4% LUG-1 40,000 35 10 100 7% R-40 40,000 30 10 75 10% R-20 20,000 30 10 75 12.5% R-10 10,000 20 10 75 25% R-1 5,000 10 5 50 30% ROH 5,000 0 5 40 50% RC-2 5,000 10 5 40 50% VTEC 40,000 30 20 100 7% Page 150 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Spot Zoning – the Massachusetts Supreme Judicial Court found that spot zoning occurs where one lot or a small area has been singled out for treatment less onerous than that imposed upon nearby, indistinguishable properties. The Court of Appeals has found that spot zoning arises “where a zoning change is designed solely for the economic benefit of the owner of the property receiving special treatment and is not in accordance with a well considered plan for the public welfare.” (Source: Massachusetts Municipal Association) “In assessing spot zoning challenges, it is quite proper to consider the effect of the zoning change on the municipality as a whole. The court now favors a balancing test to assess a spot zoning challenge. This is especially important where the growth of the municipality has been addressed by a plan.” Challenges alleging spot zoning have a heavy burden of proof, as great weight is given to validity arising from the Town Meeting process. The total area being rezoned is only important where it is not an extension of a district by the inclusion of border lots. Generally, newly established zoning areas greater than two acres are not considered to be a spot zone. (Source: Bobrowski, Mark “Handbook of Massachusetts Land Use and Planning Law” pages 91through 95) Split Lots – lots split by two or more zoning district boundaries. Determining an accurate reference point for the zoning boundary can be difficult for the property owner and the Town. It is considered a good planning practice to place lots in a single zoning district whenever possible. (Source: Bobrowski, Mark “Handbook of Massachusetts Land Use and Planning Law” pages 386 and 387) Country Overlay District (COD) – a zoning overlay district encompassing those areas not included in the Town Overlay District. The purpose of the COD is to preserve areas characterized by traditional and historic rural land use patterns and to discourage the spread of dispersed development patterns that promote automobile dependency. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12F) Town Overlay District (TOD) – a zoning overlay district encompassing those areas not included in the Country Overlay District. The purpose of the TOD is to encourage development within an area where infrastructure already exists or can be extended without undue expense, to create opportunities to produce affordable housing for year-round residents through in-fill development and to create development patterns that are conducive to service by alternatives to the automobile, such as transit, bicycle, and pedestrian systems. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12E) Articles 58, 59, 61, and 62 Special Permit – requires a super-majority (4 out of 5 members in favor) vote of the special permit granting authority. Special permits may impose conditions, safeguards, and limitations intended to ensure that the use or structure is in harmony with the general purpose and intent of the Zoning Bylaw. (Source: Chapter 139 of the Code of the Town of Nantucket, section 30) Page 151 Town of Nantucket 2011 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Variance – requires a super-majority (4 out of 5 members in favor) vote of the Zoning Board of appeals. Variances are granted for land or structures that cannot meet the requirements of the Zoning Bylaw. A specific finding is required that due to the circumstances relating to the soil conditions, shape or topography of such land or structures, a literal enforcement of the Zoning Bylaw would involve substantial hardship, financial or otherwise, to the applicant. The Board must also find that the relief would not cause substantial detriment to the public good and would not nullify or substantially derogate from the intent or purpose of the Zoning Bylaw. (Source: Chapter 139 of the Code of the Town of Nantucket, section 32) Articles 61 and 62 Accessory Use – separate structures, buildings or uses which are subordinate and customarily incidental to a principal structure, building or use located on the same lot. Accessory uses shall not be construed to include a building or structure used in whole or in part for human habitation. (Source: Chapter 139 of the Code of the Town of Nantucket, section 2) Article 63 Ground Cover Ratio – the ground cover of a lot divided by the area of the lot, expressed as a percentage. (Source: Chapter 139 of the Code of the Town of Nantucket, section 2) Articles 63 and 64 NHNC Covenant – a voluntary covenant to maintain housing that is affordable to households who earn less than 150% of the Nantucket County median household income. The covenant is recorded at the Registry of Deeds and is enforceable by the Nantucket Housing Authority. (Source: Chapter 139 of the Code of the Town of Nantucket, section 2) 18 Tremont Street •Suite 401 • Boston, MA 02108 • Telephone (617) 742-0820 • Fax (617) 742-3953 • Website: www.chapa.org March 16, 2011 Susan Bennett Witte Housing Specialist Town of Nantucket 2 Fairgrounds Road Nantucket, MA. 02554 Dear Susan: I am writing in support of Article 78, “Amendments to Town of Nantucket Affordable Housing Trust Fund – Declaration of Trust.” As stated in the article, this would change the language in the purpose of the Affordable Housing Trust Fund to encourage perpetuity whenever possible, but to allow for some flexibility when necessitated by financing challanges. President Susan Schlesinger Vice Presidents Jack Cooper Jeanne Pinado Treasurer Joseph Flatley Clerk Mary Doyle Executive Director Aaron Gornstein While it is CHAPA’s goal to always encourage affordability for as long as possible, the reality of the current economic climate has made financing of affordable units increasingly challenging. By revising the language of the Trust to state that affordable housing should be created “preferably in perpetuity”, the Town will ensure that affordable housing can be continue to be built in the future under more stringent financing criteria. This will not only assist the initial purchaser of the home, but will help in terms of the resale of the home to the next purchaser. CHAPA also recommends that the Town utilize the Universal Deed Rider in all future projects, which effectively keeps the unit affordable and is generally accepted by most lenders. We look forward to continued success towards the provision of affordable housing in the Town of Nantucket. Sincerely, Aaron Gornstein Executive Director R D WAYLOVERS LNMI L L E R L N WAY NOB A D E E R W YROUNDS RDR U G G E D R D MI L L 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 LNSURFSIDE RDB O U L E V A R D E LOVERS LNPOCHICK AV IRVING STWEWEEDER AV PLUM STWEWEEDER AV WEWEEDER AV WEWEEDER AV O BADEER AV ADAMS STNOBADEER AVPLUM STONANTUM AV LOVERS LANEMAD IRVING STNONANTUM A VPLAR STFSIDE RDBINE STMAMACPINEOLD S O U T H R DAY AVNOBADEER ARROWHEAD DS C O T T S W Y OLD SOUTH R D GREGLEN AVMACYS LNNANCY ANN LNDAV K I M L N WO O D L A N D D R MACYS LNGLADLANDS AVSKYLINE DR SKYLINE DRMONOHANSETT RDWEBSTER RDMEQUASH AV WH I T E S T MONOHANSETT RD OKORWAW AV PEQUOT STMASAQUET AV K 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 STSTURGIS PINES LNWOODBINE STCUS STPINE CREGAWITD A F F O D I L L N EAGLES WING WYNAUSHON WYBAYBTI C C O M A W Y SDALE CI SQUA R E R I G G E R R D DAISY W Y Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 35 + 36 Legend Articles 35 + 36 Buildings Parcel Lines Roads TYPE PAVED UNPAVED SAND TRACK 1 inch equals 300 feet Appropriation: Construction and Roadway Taking Costs for Surfside Area Roads RD LN WAYMI L L E R L N WAY NGOOLD S O U T H R D PINE CREST EGAN LNWITHERD A F F O D I L L N Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 37 Legend Article 37 <all other values> Section 1 Section 4 Buildings Parcel Lines 1 inch equals 68 feet Layout of Miller Lane !( !( !( MAD A K E T R D MADAKET RD E T RD BAR R E T T FA MASSASOIT BRIDGE RD ""P R O P R I E T O R S W Y PROPRIE TOSSASOIT BRI D G E R D RS WYMA SS MASS A S OI T B RI D G E R D CLARK COVE RD" "COVE RDRIDGE NS LAND I N G R D WARRENS LAN D I N G R DTHE GFISHERS LData 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, 2011 2011 Annual Town Meeting Warrant Articles 44, 45, 46 Revised Legend !(Proposed Turbine Location Articles 44, 45, 46 Removed Buildings Parcel Lines 1 inch equals 220 feet Real Estate: Expansion of Purpose on Landfill Site Appropriation: Construction of Wind Turbine(s) on Landfill Site Zoning Bylaw Ammendment: Wind Energy Overlay District Removed MONOMBREW 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 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 January, 2011 2011 Annual Town Meeting Warrant Article 47 Map 1 Legend Article 47 Zone RC-2 to VN RC-2 to VR Parcel Lines 1 inch equals 75 feet VR RC - 2 LUG - 1 LUG - 3 LUG - 3 Sewer Map Change and Zoning Map Change: Island Lumber - RC-2 to VN and VR RC-2 to VN RC-2 to VR ORLEANS RDBREW S T E R R D POLPIS R D S A L T MA RSH RD SANDWICH RDCHAT HA M R D MILESTON N E W T O W N R DT Y CREEK RDO N A V BREWST EMONOMOY RDORANG E S T MONOMOY RDSASACHUMET LNEEK RDRDGOLD STAR DRMI LESTONE LNK RDMILESTONE 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 January, 2011 2011 Annual Town Meeting Article 47 Map 2 Legend Sewer Pipes Article 47 Sewer District Monomoy Needs Area Parcel Lines 1 inch equals 125 feet Sewer Map Change and Zoning Map Change: Island Lumber - RC-2 to VN and VR VR VN Monomoy Needs Area Current Sewer District Sewer Pipe Proposed Sewer Line THIRTY ACRES LNCEDAR CIB A R T L E T T R D BOYNT O N L N SURFSIDE RDWINDY W Y PERRY LNPI LO T WHA LE DRALEXANDIA DRG R E E N M E A D O W S PINE G R O V E L N SURFSIDE RDDENNIS DRMIACOMET AVDIAS RDESSEX ROADESSEX ROAD ARI EL 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 January, 2011 2011 Annual Town Meeting Warrant Article 48 Legend Article 48 Zone RC-2 to CN RC-2 to R-5 Parcel Lines 1 inch equals 75 feet R - 10 RC - 2 Zoning Map Change: Surfside Road - RC-2 to CN and R-5 R - 10To CN To R-5 CTEC LUG - 2 MIACOMET RDMIACOMET 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, 2011 2011 Annual Town Meeting Warrant Article 49 Legend Article 49 Zoning Change RC-2 and LUG-2 to LUG-3 RC-2 and LUG-2 to R-20 RC-2 to R-20 Parcel Lines 1 inch equals 89 feet RC - 2LUG - 3 Zoning Map Change: Miacomet AvenueLUG - 2 ALC LUG - 2 R - 20 To LUG-3 All Other Parcels To R-20 R L N DIAS RDP A R K E R L N GRAY AVHOOPER FARM RDFAIRGROUNDS RDOOPER FARM RDS C O TTS W YGRAY AVR U G FAIRGROUNDS RDS C O TTS W Y SEIKINNOW PLData 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, 2011 2011 Annual Town Meeting Warrant Article 50 Legend Town/Country OD Boundary LUG-2 to R-40 Parcel Lines 1 inch equals 75 feet R - 20 R - 10 Zoning Map Change: Fairgrounds and Rugged Road LUG - 2 LUG - 3 Country Town To R-40 P O C H I CK AV POCHIC K A V POCHICK AV POCHICK AV PLUM STNAUSHON WYWOODBINEFIELD AVWEWEEDER AV SURFSIDE RDPLUM STMOR G A N S Q N O B A D EER AV NOBADEER 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 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, 2011 2011 Annual Town Meeting Warrant Article 51 Legend Article 51 Zoning Change LUG-2 to LUG-1 R-20 to LUG-1 Parcel Lines 1 inch equals 75 feet R - 20 LUG - 1 Zoning Map Change: Surfside - Nobadeer Avenue, Surfside Road, Weweeder Avenue, Atlantic Avenue, and Masaquet Avenue LUG - 2 LUG - 3 LUG - 1 To LUG-1 To LUG-1 HUMMOCK POND OND RDBARTLETT FARM RD SMOOTH H U M M O C K S W Y GOLFVIE W D R H E N RDW DRData 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, 2011 2011 Annual Town Meeting Warrant Article 52 Legend Article 52 Zone R-20 to VTEC LUG-2 to LUG-3 LUG-2 to VTEC LUG-3 to VTEC RC-2 to LUG-2 Parcel Lines 1 inch equals 127 feet RC - 2 Zoning Map Change: Hummock Pond LUG - 2 LUG - 3 LUG - 3 LUG - 3 LUG - 2 LUG - 2 R - 20 RC - 2 to LUG-2 LUG-2 to VTEC LUG-2 to LUG-3 LUG-2 to LUG-3 LUG-2 to VTEC R-20 to VTEC LUG-2 to VTEC WAUWINET RDCROWS NEST WY S Q U A M R D SQUAM RD WAUWINET 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, 2011 2011 Annual Town Meeting Warrant Article 53 Legend Buildings Article 53 Parcel Lines 1 inch equals 50 feet LUG - 3 R - 1 LUG - 1 Zoning Map Change: Split Zoning District Correction Wauwinet/Squam To R-1 BAILEY RD SEA FOX CIE Q U A TO R D R DRFRIENDSHIP LNCATO LNPHEASANT DRFRIENDSHIP LNE Q U A T O R D R BARTLET T R D PERRY LNAPPLETON RDB A R T L E T T R D L U F F 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 February, 2011 2011 Annual Town Meeting Warrant Article 54 Revised Legend Buildings R-20 to R-10 Parcel Lines 1 inch equals 50 feet Zoning Map Change: Bartlett Road R - 20 R - 10 R - 10 RC - 2 Article identifies the correct street address, but the wrong map and lot. Should be 66 17. WALNUT LNWI NTER S TGARDNER STPINE ST H O W A R D S T TRADERS LN MAIN STQUARTER MILE HILLHOWARD STMAIN ST SCH O PINE STSUMME R S T CBLOOM STPLEASANT ST VEST A L S T MILK STAL ST HIGH S T NEWGT A R B U C K C T COPPER L N EN LNLU C J U 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 January, 2011 2011 Annual Town Meeting Warrant Article 55 Legend Buildings R-1 to ROH Parcel Lines 1 inch equals 50 feet ROH R - 1 ROH ROH Zoning Map Change: Howard, Gardner, and Main Streets MADAKET RDREENLEAF RDBISHOPS RISEPRIMROSE LNE E L P O I N T R DSWIFT ROCK RDD OW 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, 2011 2011 Annual Town Meeting Warrant Article 56 Legend Buildings LUG-2 to LUG-1 Parcel Lines 1 inch equals 100 feet LUG - 3 LUG - 2 LUG - 3 Zoning Change: Swift Rock Road LUG-2 to LUG-1 T W RI G H T P LA HOOPWA Y D A L E R D FIRS T W Y WA Y D A L E R DALLENS LNSEC O N D W Y HOOPER FARM RDTL ETT RD WA Y D A L E R D THI R D W Y HOOPER FARM RDF O U R T H W YALLENS LNRUSTYS WYSURFSIDE RDT RO T T E R S L N FIF T H W Y HULL LNB R I N D A L NPI LOT WHA LE DRALEXANDIA DRALTHEAS LNOPER FARM RDBACKUS LNARI EL 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 February, 2011 2011 Annual Town Meeting Warrant Article 57 Revised Legend Buildings R-10 to R-1 Parcel Lines 1 inch equals 72 feet RC - 2 R - 1 R - 10 R - 1 R - 10 Zoning Change: First Way, Backus, Allen’s Way, Third, Fourth, and Fifth Way R-10 to R-1 HILLTOP RDPOLPI S R D M ID D LE VALLEY RDC A T H C A R T R D SHIMMO POND RDD R E W L N HARBORVIEW DRBREWSTER RDS H IMM O P O N D R D POUT P O N D R D ORLEANS RDBREW S T E R R D POLPIS R D MIDDLE TAW P A W S H A W R D S A L T MARSH RD SANDWICH RDHAM RD LNRABBIT RUN RDSHAWKEMO RDRABBIT RUN RD G A R D N E R R DNORTH RDCONSERVATION AVSHAWKEMO RDG A R D N E R R D S VAL L E Y R D N PAS T U R E L N MOOR S END LNN PASTURE LN EXTKEL LEY RD MON O M O Y R D MONOMOY RD B ER K E L E Y A V CATHCART RDKELLE Y R D MONOM OY CREEK RDB O S T O N A V BREWSTER RDUPPER TAWPAWSHAW RDMONOMOY RDPROPRIETORS WYTETAWKIM MO DR ORANG E S T P L E A S OMOY RDDRWAYWAYW AY H W Y JUNIPER HILLA L WF SASACHUMET L NCHINS WY EEK RDDAVES STSPR U C E ST HARBOR TCE CREEK RDC T F R E E DO M S Q S E P O ND LNS T 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 February, 2011 2011 Annual Town Meeting Warrant Article 73 Revised Legend Buildings Article 73 Parcel Lines Sewer District 1 inch equals 311 feet Bylaw Amendment: Board of Sewer Commissioners Sewer District Map Changes SHI MMO POND RDHARBORVIEW DRCATHCART RDMON O M O Y R D BREWSTER RDBREWSTER RDMON O M OY RDMONOMOY RDBERK E L E Y A V BREWSTER RDCATHCART RDMONOMOY CREEK RDB R E W S T E R R D MONOMOY RDB R E W S T E R R D POL PI S R D ORLEANS RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 74 Legend Buildings Article 74 Parcel Lines Sewer District 1 inch equals 100 feet Bylaw Amendment: Town Sewer District Map Change YMAMACKYOM P A S H A M L NWASHAM A N A V PAKANOKET LNCATO LNNI C KANOOSE W Y SURFSIDE RDTASHAMA LN CATO LNTASHAMA LNMACLEAN LN BAIL E Y R D LARRABEE LN BAILEY RD CED A R C ISEA FOX CIBARTL E T T R D TCEDAR CIB A R T L E T T R D DSHIP LNT DRData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 75 Legend Buildings Article 75 Parcel Lines Sewer District 1 inch equals 75 feet Bylaw Amandment: Board of Sewer Commissioners Town Sewer District BROOK RD MILK S T MT VERNON STMILLBROOK RDPINKHAM CIMILLBROOK RDHUMMOCK POND RDAUSTIN FARM DR NEW HUMMOCK CLTAH BRUSH PADUKES R D HAW T H O R N E L N MI L L H IL BURN T S W A M P L N HUMMOCK POND RDFRIENDSHIP LNCATO LNSOMERSET RDBAILE Y R D MARSH HAWK LN EA FOX CIEQUATOR DRLNWAYWAYWAY VEST AL S T NEPAUPAMO WYCATO LNROBERTS L N SOMERSET RDWAMASQUID PLMEADOW V IEW DR MEADOW VIEW DR MANCHESTE R C I MEADOW VIEW DR HUSSEY FARM RDPOND RD HUM M O C K P O N D R D VESPER L N SANT DRMILK STWINN STRA T OG A L N NEW MILL STJOY STMILK ST HUM M O C K P O N D R D AURORA WYCATO LNData 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 February, 2011 2011 Annual Town Meeting Warrant Article 76 Revised Legend Article 76 Article 76 remaining Removed from Article by BOS Sewer District Wastewater Needs Identified 1 inch equals 200 feet Bylaw Amendment: Board of Sewer Commissioners Sewer District Map Changes 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 November 5, 2009 2011 Annual Town Meeting Warrant Article 81 Legend Article 81 Buildings Parcel Lines 1 inch equals 50 feet Home Rule Petition: Land Bank Real Estate Conveyance Building No Longer Exists Building Moved to Selected Parcel N E W S O U T H R D WAYMADEQUE C H A M V L Y R D WAQUOIT RDMADEQUECHAM VLY RDMADEQUECHAM VLY 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 January, 2011 2011 Annual Town Meeting Warrant Article 82 Legend Article 82 Buildings Parcel Lines 1 inch equals 200 feet Home Rule Petition: Land Bank Real Estate Conveyance LOVERS LANENOBADEER A V CLIFFORD STBOULEVARDEHARRIET STNOBADEER AV DUNHAM 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 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 January, 2011 1 inch equals 50 feet 2011 Annual Town Meeting Warrant Article 85 Home Rule Petition: Conveyance of Land from County to Town Legend Article 85 Buildings Parcel Lines Nonantum Ave 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 ST BROAD S T S BEACH ST EXTS WATER STFEDERAL ST BROAD ST CENTE R S T O A K S T EASY STE CHE S T N U T S T CHESTNUT ST OLD NO R T H W F OAK S T FEDERAL STCENTER ST S T R A IG H T W FS T IL L D O C K INDIA S T INDIA ST N UN ION STNEW WHALE STSTRAIGH T W F CAMB RI D G E S T I ND E PEN D E N C E L N MAIN ST R O S E L N ST Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 89 Legend Article 89 Buildings Parcel Lines 1 inch equals 50 feet Real Estate Disposition: Dreamland Theatre Easement JEFFERSON AVHULBERT AVData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 90 Legend Article 90 Buildings Parcel Lines 1 inch equals 40 feet Authorization for Real Estate Conveyance: Hulbert Avenue Extension JEFFERSON AVHULBERT AVData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 90 Legend Article 90 Buildings Parcel Lines 1 inch equals 40 feet Authorization for Real Estate Conveyance: Hulbert Avenue Extension FAYETTE STMEADER STFRANCIS STT UNData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 91 Legend Article 91 Buildings Parcel Lines 1 inch equals 25 feet Real Estate Acquisition: 77 Washington Street 77 Washington St. FAMEADER STFRANCIS STMULBE R R Y S T UNI ON STW E Y M O U T H S T E D O V E R S T SH 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 January, 2011 2011 Annual Town Meeting Warrant Article 92 Legend Article 92 Buildings Parcel Lines 1 inch equals 25 feet Real Estate Acquisition: 50 Union Street 50 Union St. STASH LN N WATER ST BROAD S T S BEACH ST EXTS WATER STFEDERAL ST BROAD ST CENTE R S T O A K E CHE S T N U T S T CHESTNUT ST OAK S T FEDECESTData 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 January, 2011 2011 Annual Town Meeting Warrant Article 93 Legend Buildings Parcel Lines Article 93 1 inch equals 25 feet Real Estate Conveyance: Authorization/22 Federal Street 22 Federal St. C O FFIN SWA S H I N G T O N S T U N I O N S T FAYETTE STC A S H S C T MEADER STCIS 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 January, 2011 2011 Annual Town Meeting Warrant Article 94 Legend Article 94 Buildings Parcel Lines 1 inch equals 40 feet Real Estate Conveyance: Authorization/37 Washington Street 37 Washington St. N E W S O U T H R D WAYMADEQUE C H A M V L Y R D WAQUOIT RDMADEQUECHAM VLY RDMADEQUECHAM VLY RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 95 Legend Article 95 Buildings Parcel Lines 1 inch equals 200 feet Long Term Lease Authorization: Airport Proposed Solar Array MORGAN SMORGAN SQMORGAN SQHILL SI D E AVPOLLOCK AVData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 96 Legend Buildings Article 96 Parcel Lines 1 inch equals 115 feet Long Term Lease Authorization: Surfside WWTF Proposed Solar Arrays CH MILESTON NRD WIS CTDOVMOO L D S O U T H R D TIC C O M A W Y AMELIA DRO LMS WYGOLD STAR DRMI LESTONE LN MILESTONE RD SWYYOUNGS WYFORREST AVOMBS CTWAITT DRVI N C E N T C I R 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, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 97 Legend Article 97 Buildings Parcel Lines 1 inch equals 115 feet Long Term Lease Authorization: Wannacomet Proposed Solar Arrays Proposed Solar Arrays E W C TKKITDIAS BLU E B I R D L N R U G G E D R D SURF SI D E D R WAYMIA COM ET R D LOVERS LNMI L L E R L N WAY NOB A D E E R W YFAIRGROUNDS RDR U G G E D R D MI L L E R L N S 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 AVCHER R Y 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 LANEMADEQUE C H A M V L Y R D IRVING STNONANTUM AV POPLAR STSURFSIDE RDWOODBINE STAURIGA STSTATION STR L N GOLGOLDFINCH DRSURFSIDE RDMANTA DRMARY ANN DRHOOPER FARM RDMACYS LNPINE TREE RDOLD S O U T H R DGRAY AVAM I N DR NOBADEER FARM RDARROWHEAD DRS C O T T S W Y OLD SOUTH R D GREGLEN AVMACYS LNNANCY ANN LNDAV K I M L N ROWH E R O 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 RDS SHORE 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 RDMORSQVERNON STWAVERLY STUNCATENA STMADEQUECHAM VLY RDCLIFFORD STHAWTHORNE STBOULEVARDENONANTUM AV MYLESSTANDISH STNOBADEER AV DUNHAM STWESTERN AV STURGIS PINES LNWOODBINE STMORGAN SQCANONICUS STA R T A D R PINE CREST DREGAN LNWITHERSPOON DRD A F F O D I L L NSEIKINNOW PLEAGLES WING WYNAUSHON WYBAYBERRY LNDOOLEYTI C C O M A W Y BUNKER RDTEASD A L E C I SQUA R E R I G G E R R D 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 January, 2011 2011 Annual Town Meeting Warrant Articles 98 + 99 Legend Articles 98 + 99 Buildings Parcel Lines 1 inch equals 400 feet Real Estate Acquisition and Conveyance: "Paper" Streets in Surfside MI L L E R L N WAY NOB A D E E R WFAIRGROU R U G G E D R D MI L L E R L N S 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 AVCHER R Y S T B O U L E V A R D E R LOVERS LNPOCHICK AV IRVING STWEWEEDER AV PLUM STS SHORE RDWEWEEDER AV WEWEEDER AV WEWEEDER AV NOBADEER AV ADAMS STNOBADEER AVPLUM STNONANTUM AV LOVERS LANEIRVING STNONANTUM AV POPLAR STSURFSIDE RDWOODBINE STAURIGA STSTATION STS C O T T S W Y MIACOMET RGREGLEN AVNANCY ANN LNDAV K I M L N WHE R O W H E R O L N WO O D L A N D D R MACYS LNBEACH PLUM AVS PAS T U R E L N GLADLANDS AVPLOV E R L N SKYLINE DR S SHORE RDEIA L N SKYLINE DRMONOHANSETT RDWEBSTER RDMEQUASH AV WH I T E S T MONOHANSETT RDS SHORE RDCHEL D R OKORWAW 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 RDMORGAN SQVERNON STWAVERLY STUNCATENA STMADEQUECHAM VLY RDCLIFFORD STHAWTHORNE STBOULEVARDEMORGAN SQNONANTUM AV MYLESSTANDISH STNOBADEER AV DUNHAM STWESTERN AV STURGIS PINES LNWOODBINE STMORGAN SQCANONICUS STN O R Q U A R T A D R RY WY D A F F O D I L L N EAGLES WING WYNAUSHON WYI D E AVPOLLOCK 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 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 January, 2011 2011 Annual Town Meeting Warrant Articles 100 + 101 Legend Articles 100 + 101 Buildings Parcel Lines 1 inch equals 300 feet Real Estate Acquisition and Conveyance: "Paper" Streets in Surfside M aclean Street Dearborn Street Clifford Street Prospect Street Central Ave Hawthorne Street Pocomo Ave Chappomis Ave Massasoit Ave Monomoy Ave Miacomet Ave Oniska Ave Irving StVernon StWaverly StAdams StAndrew StClay StJackson StSummer StWashington StWebster StWilson StEverett StRussell StStarbuck StGardner St NOBADEER AV NOBADEER A V CLIFFORPEQUOT STUNCATENA STNONANTUM AV DUNHAM STMYLES STANDISH STLOVERS LANEData 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 January, 2011 2011 Annual Town Meeting Warrant Articles 102 + 103 Legend Articles 102 + 103 Type Open Space T.O.N. To be Conveyed to Abutter Buildings Parcel Lines 1 inch equals 50 feet Real Estate Acquisition and Conveyance: Land and "Paper" Streets in Surfside Land Bank Fisherman’s Beach Parking WPOCHICK AV POCHICK AV POCHICK PLUM STNAUSHON WYWOODBINE STWEWEEDER AV WEWEEDER A SURFSIDE RDM STData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 104 Legend Article 104 Buildings Parcel Lines 1 inch equals 50 feet Real Estate Conveyance: 144 Surfside Road SANKATY RDANNS LNANNS LN TINGHOUSE LN BAXTER RDDGE 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 January, 2011 2011 Annual Town Meeting Warrant Articles 105 + 106 Legend Articles 105 + 106 Article 106 Parcel Lines 1 inch equals 40 feet Real Estate Acquisition and Conveyance: Land and "Paper" Street (Opposite Ann’s Lane) in Siasconset HILLTOP RDPOLPI S R D M ID D LE VALLEY RDC A T H C A R T R D SHIMMO POND RDD R E W L N HARBORVIEW DRBREWSTER RDS H IMM O P O N D R D POUT P O N D R D ORLEANS RDBREW S T E R R D POLPIS R D MIDDLE TAW P A W S H A W R D S A L T MARSH RD WICH RDRABBIT RUN SHAWKEMO RDRABBIT RUN RD G A R D N E R R DNORTH RDCONSERVATION AVSHAWKEMO RDG A R D N E R R D S VAL L E Y R D N PAS T U R MOOR S END LNN PASTURE LN EXTKEL LEY RD MON O M O Y R D MONOMOY RDB ER K E L E Y A V CATHCART RDKELLE Y R D MONOM OY CREEK RDB O S T O N A V BREWSTER RDUPPER TAWPAWSHAW RDMONOMOY RDPROPRIETORS WYTETAWKIM MO ORA WAYWAYWA Y W Y JUNIPER HILLAL WF SASACHSTSPR U C E ST HARBOR TCE CREEK RDC T F R E E DO M S E P O ND LNT Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 107 + 108 Map A Legend Articles 107 + 108 Buildings Parcel Lines 1 inch equals 287 feet Real Estate Acquisition and Conveyance: Various "Paper" Streets D U K E S R D VESTAL S T HAWTHORNE 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 January, 2011 2011 Annual Town Meeting Warrant Articles 107 + 108 Map B Legend Articles 107 + 108 Buildings Parcel Lines 1 inch equals 50 feet Real Estate Acquisition and Conveyance: Various "Paper" Streets WEWEEDER AVS SWEWEEDER AV NOBADEER AV NOBAD PLUM STNONANTUM AV POPLAR STSURFSIDE RDWOODBINE STAURIGA STSTATION STFIELD SURFSIDE RDMORGAN SQMORGAN SQNONANT WESTERN AVMORGAN SQCANONICUS STHILL SI D E AVPOLLOCK AVData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 107 + 108 Map C Legend Articles 107 + 108 Buildings Parcel Lines Town Owned Property Land Bank Town of Nantucket 1 inch equals 130 feet Real Estate Acquisition and Conveyance: Various "Paper" Streets To be Conveyed to Land Bank JEFFERSON AVHULBERT AVH U L B E R T AVPAWGUVET LN SHERBURNE WYLINCOLN AV J E F F E R S ON A VINDIAN AVSHERBURNE WYHULBERT AV A V CHARLSHERBURNE TP C A P A U M R D JEFFERSON AV BATHING BEACH RDHAMBLIN RD COBBLESTON E H ILLN B E A C H S TCAPAUM RDSHERBURNE TPCHARLES STData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 107 + 108 Map D Legend Articles 107 + 108 Buildings Parcel Lines 1 inch equals 75 feet Real Estate Acquisition and Conveyance: Various "Paper" Streets QUIDNET WYHORN BEAM RDQ U NAAUMA LN S A K E D A N L N QUIDNET RD BES Q U A M R D PROPRIET O R S W Y SQU AM RD WAY QUIDNET R D CHASE LN OOR RIC H A R D S W Y WAYData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 109 + 110 Map A Legend Articles 109 +110 Acquisition and Conveyance Conveyance Buildings Parcel Lines 1 inch equals 110 feet Real Estate Acquisition and Conveyance: Miscellaneous Land CHUCK HOLLOW RDL O W JONATHAN WYWA N O M A W Y T O M N E V E R S R D SRDSAND S B U R Y R D SURREY AVH O LLISTER R D NI CHOLS RDW A N O M A W Y SURREY AVELLIOTT O M Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 109 + 110 Map B Legend Articles 109 +110 Acquisition and Conveyance Conveyance Buildings Parcel Lines 1 inch equals 77 feet Real Estate Acquisition and Conveyance: Miscellaneous Land NORTH RDM I D D L E V A L L E Y R D RABBI T RUN RDSHAWKEMO RDG A R D N E R R D SHI MMO POND RDS VALLEY RDCONSERVATION AVSHAWKEMO RDM ID D LE VALLEY R D S VALLEY RDRABBIT RUN RDHILLTOP RDS V A L L E Y R D G A R D N E RSHIMMO POND RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 109 + 110 Map C Legend Articles 109 + 110 Acquisition and Conveyance Conveyance Buildings Parcel Lines 1 inch equals 100 feet Real Estate Acquisition and Conveyance: Miscellaneous Land WA S H I N G T O N S T FAYETTE STMEADER STR A S T FRANCIS STMULBE R R Y S T UNI ON STB E R R Y S T R A NG E S T WASHI NGTON STW E Y M O U T H S T E D O V E R S T SA L T M A R S H W Y SALT M A R S H W Y Y O R K S T Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 109 + 110 Map D Legend Articles 109 + 110 Acquisition and Conveyance Conveyance Buildings Parcel Lines 1 inch equals 50 feet Real Estate Acquisition and Conveyance: Miscellaneous Land MORGANMOR G A N S Q NMORGAN SQS SHORE RDAURIGA STMORGAN SQMORG A N S Q HI L L S IDE AVAURIGA STSTATION STM O RGAN SQSURF S WESTERN AV POLLOCK AVCANONICUS STData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 109 + 110 Map E Legend Articles 109 + 110 Acquisition and Conveyance Conveyance Buildings Parcel Lines 1 inch equals 100 feet Real Estate Acquisition and Conveyance: Miscellaneous Land MARY APINE TREE RDMACYSLNBLUEBIRD LN GOLDFINCH DROLD SOUTH RD MARY ANN DRPINE TREE RDMACYS LNOLD SOUTH R D DAISY WYNOB A D E E R W Y NOB A D E E R W YNANCY ANN LNMI L L E R L N EVERGREEN WY MACYS LNPINE CREST DRPINE CREEGAN LNEGAN LNWITHERSPOON DRDA F F O D I L L N Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 109 + 110 Map F Legend Articles 109 + 110 Acquisition and Conveyance Conveyance Buildings Parcel Lines 1 inch equals 100 feet Real Estate Acquisition and Conveyance: Miscellaneous Land IRVING STER AV ADAMS STIRVING STMONOHANSETT RD ORWAW AV MONOHANSETT RDK AV IRVING STVERNON STWAVERLY STMADEQUECHAM VLY RD STData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 111 Map A Legend Article 111 Buildings Parcel Lines 1 inch equals 148 feet Real Estate Conveyance: Transfer of Miscellaneous Town Land to Airport N E W S O U T H R D RUSSELLS WYWAYEQUECHAM V L Y R D WIGWAM RD WAQUOIT RDMADEQUECHAM VLY RDMADEQUECHAM VLY RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Articles 111 Map B Legend Article 111 Buildings Parcel Lines 1 inch equals 200 feet Real Estate Conveyance: Transfer of Miscellaneous Town Land to Airport YMILESTO N E R D NOBADEER FARM RDSUN IS L A N D R D INSDAL E R D RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 112 Legend Buildings Article 112 Parcel Lines 1 inch equals 108 feet Real Estate Conveyance: Miscellaneous Land B U N KER RDBUNKER RDG IF N Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 113 Legend Article 113 Road Lots Buildings Parcel Lines 1 inch equals 100 feet Real Estate Conveyance: Industrial Land I ndustrial RoadS h a d b u s h R o a d Road Abandoned North of Shadbush Road RUSSELLS WYN E W S O U T H R D RUSSELLARD WI G CHAM VLY RDB U N KER RMADEQUECHAM VLY RDBUNKER RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 114 Legend Buildings Article 114 Road Parcel Lines 1 inch equals 215 feet Real Estate Conveyance: Easement - Madequecham Valley Road I ndustrial RoadS h a d b u s h R o a d Abandoned North of Shadbush Road To be Abandoned from Southern Property Line to Shadbush Road TON Land Bank POCHICK AV POCHICK AV PLUM STNAUSHON WYWEWEEDER AV FSIDE RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 1998 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2005. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 22 Federal Street Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2011 Annual Town Meeting Warrant Article 115 Legend Buildings Article 115 Parcel Lines 1 inch equals 50 feet Real Estate Conveyance: Grant of Easement - 143A Surfside Road Map 80 Lot 101.5