HomeMy WebLinkAbout10222012 Special Town Meeting AgendaCOMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
WARRANT FOR
SPECIAL TOWN MEETING
Nantucket High School
Monday, October 22, 2012 – 6:00 PM
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
(508) 228-7255
www.nantucket-ma.gov
To the Constables of the Town of Nantucket:
GREETING:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the
inhabitants of the Town of Nantucket qualified to vote in Town affairs, to meet and assemble themselves
at the Nantucket High School Auditorium at 10 Surfside Road in said Nantucket, on
MONDAY, OCTOBER 22, 2012 AT 6:00 PM,
THEN AND THERE TO ACT ON THE ARTICLES
CONTAINED WITH THE ENCLOSED WARRANT:
ARTICLE 1
(Appropriation: Fiscal Year 2013 Enterprise Fund Operating Budget Amendments)
To see what Fiscal Year 2013 Enterprise Fund operating budgets, as voted at the
2012 Annual Town Meeting in Article 14, the Town will vote to amend, and further to
appropriate, and also to raise, or transfer from available funds, a sum or sums of money
for such purposes; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 2
(Appropriation: Fiscal Year 2013 Enterprise Fund Capital Expenditure Amendments)
To see what Fiscal Year 2013 Enterprise Fund capital expenditures, as voted at
the 2012 Annual Town Meeting in Article 15, the Town will vote to amend, and further to
appropriate, and also to raise, or transfer from available funds or borrow, a sum or sums
of money for such purposes; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 3
(Appropriation: Fiscal Year 2013 General Fund Operating Budget Amendments)
To see what Fiscal Year 2013 General Fund operating budgets, as voted at the
2012 Annual Town Meeting in Article 8, the Town will vote to amend, and further to
appropriate, and also to raise, or transfer from available funds, a sum or sums of money
for such purposes; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 4
(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; or to take any
other action related thereto.
(Board of Selectmen)
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Town of Nantucket 2012 Special Town Meeting Warrant
ARTICLE 5
(Appropriation: Madaket Landfill Wind Turbine)
To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute or transfer from available funds, to be spent by the Town
Manager with the approval of the Board of Selectmen, for materials and professional
services related to the design, permitting, construction supervision, engineering ad other
related professional services, for construction of a community scale wind turbine similar in
size and specificiations to the Nantucket High School wind turbine, to be located at the
Madaket Landfill.
(Barbara Gookin, et al)
ARTICLE 6
(Zoning Map Change: Meadow Lane R-20 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-20 (R-20) district
in the Residential 1 (R-1) district:
Map Lot Number Street
41 402 6 Meadow Lane
41 403 10 Meadow Lane
All as shown on a map entitled “2012 Special Town Meeting Warrant Article 6 Meadow
Lane” dated August 2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 7
(Zoning Map Change: Industrial Land:
Arrowhead Drive, Sun Island and Hinsdale Roads)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by taking the following actions:
1. By placing the following properties currently located in the Residential
Commercial 2 (RC-2) district in the Commercial Industrial (C-I) district:
Map Lot Number Street
69 29.6 11 Sun Island Road
69 29.7 13 Sun Island Road
69 29.8 15 Sun Island Road
69 108 109 Hinsdale Road
69 30.1 110 Hinsdale Road
69 30.2 112 Hinsdale Road
69 30.3 114 Hinsdale Road
69 10.2 19 Arrowhead Drive
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Town of Nantucket 2012 Special Town Meeting Warrant
All as shown on a map entitled “2012 Special Town Meeting Warrant Article 7 Industrial
Land” dated August 2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 8
(Zoning Bylaw Amendment: Zoning Enforcement Officer)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text):
1. To amend section 2 by amending the following definition:
ZONING ENFORCEMENT OFFICER
An official of the Town of Nantucket Any building official identified in MGL
Chapter 40A section 7 and any person within the Planning and Land Use
Services department appointed by the Town Manager. who is responsible
for the administration and enforcement of the Nantucket Zoning Bylaw in
accordance with the provisions of MGL c. 40A, § 7.
2. To amend section 25A as follows:
Enforcement. This chapter shall be interpreted and enforced by a Zoning
Enforcement Officer appointed by the Board of Selectmen.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 9
(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 41-3B (Siasconset Sewer District) of the Code of the Town of
Nantucket by adding the following parcels to the Siasconset Sewer District:
Map Lot Number Street
49 83 79 Sankaty Rd
49 112 76 Sankaty Rd
49 114 80 Sankaty Rd
(Joseph Manning, et al)
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Town of Nantucket 2012 Special Town Meeting Warrant
ARTICLE 10
(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 parcel to the Town Sewer District:
Map Parcel Street
Number Street
30 71 78 CLIFF RD
41 105 1 DERRY LANE
41 103 28 DERRYMORE RD
41 17 34 DERRYMORE RD
41 18 36 DERRYMORE RD
30 72 38 DERRYMORE RD
30 72 38 DERRYMORE RD
All as shown on a map entitled “2012 Special Town Meeting Warrant Article #___” dated
August 2012 and filed herewith at the Office of the Town Clerk. Or to take any other
action related thereto.
(Thomas Barada, et al)
ARTICLE 11
(Home Rule Petition: Amend Historic District Commission Act)
To see if the town will vote to present to the General Court of the Commonwealth
a petition on behalf of the inhabitants of the town of Nantucket for enactment of a Home
Rule special act as set forth below to amend the Nantucket Historic District Act in order
to address concerns of the public as a result of the recent court decision adverse to the
Nantucket Historic District Commission regarding preservation of Martins Lane and to
otherwise update and clarify the scope of the Nantucket Historic District Commission as
set forth below; and to request the Town’s representatives to the General Court to
introduce a Special Act set forth below; and further that the General Court, with approval
by the Nantucket Historic District Commission, be authorized to make constructive
changes in language as may be necessary or advisable towards perfecting the intent of
this legislation in order to secure passage, or to take any other actions related thereto.
AN ACT TO AMEND THE NANTUCKET HISTORIC DISTRICT ACT
SECTION 1. The purpose of this Act is to establish the authority of the Nantucket
Historic District Commission to preserve places of historic interest. Including without
limitation, historic brick paved streets and ways in the town, to address contemporary
concerns of the public learned from recent court decisions, and otherwise to further
modernize a forty two year old statute used currently to define the role of the Nantucket
Historic District Commission.
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Town of Nantucket 2012 Special Town Meeting Warrant
SECTION 2. Chapter 395 of the acts of 1970 entitled “An Act establishing an Historic
District Commission for the Town of Nantucket and Establishing Nantucket Island as the
Historic District”, as amended by chapter 708 of the acts of 1972; chapter 300 of the
acts of 1984; chapter 291 of the acts of 1985, chapter 735 of the acts of 1987; chapter
333 of the acts of 1989, chapter 314 of the acts of 1990; chapter 193 of the acts of 1998;
chapter 57 of the acts of 2000; chapter 90 of the acts of 2002 and chapter 8 of the Acts
of 2010 (collectively hereinafter referred to as the “Act”), is hereby amended as set forth
in this act.
SECTION 3. Section 2A of the Act is hereby amended to add the definition of “Historic
place” after the definition of “Exterior architectural features” and before the definition of
“Razed”, as follows: “Historic place” is a location or property, with or without the
presence of buildings or structures or other improvements thereon, having historical
significance at least fifty years old or older as of the date of application under section
five of this Act, including but not limited to: historic streetscapes and unique Nantucket
historical settings such as cobblestone roadways, or brick paved historic ways; places
where historic events occurred such as historical settlements, ruins, or location of
historic cultural or governmental organized ceremonies; or any place determined by the
Commission to be significant in the history, archaeology, architecture or culture of
Nantucket. Any such determination by the Commission that a location or property
constitutes a “historic place” pursuant to this section shall occur at a public hearing of
the Commission after notice to the public and any affected persons by publishing such
notice in one or more newspapers of general circulation in the Town issued at least
fourteen (14) days prior to the hearing, by posting a copy of such notice at Town Hall at
least fourteen (14) days prior to the hearing, and by posting a copy of such notice at a
conspicuous place on the property on which the Commission is to hold a hearing to
consider whether a particular location or property should be designated a historic place
under this Act.
SECTION 4. Section 2A of the Act is hereby further amended by adding a new
sentence to the definition of “Structure” after the existing sentence, as follows: “The
words walk and driveway in the foregoing sentence shall be liberally construed and shall
include but not be limited to the curbing, the curb cut at the intersection or crossing of
any walk or driveway and the nearest access way, the sidewalk, if any, to be crossed by
a walk or driveway, fencing openings, gates, aprons, berms and configuration, grading
and improvement of any ways to accommodate same, whether or not located on any
property owned or maintained privately or owned or maintained by the Town, the county
of Nantucket, political subdivision of the Commonwealth of Massachusetts or public
agency, provided however that this sentence shall apply only to the Old Historic District
and the Siasconset Old Historic District as defined by reference to maps delineating
those districts entitled Town of Nantucket - GIS Mapsheet entitled " Historic Districts"
and maintained for public inspection in the offices of the Nantucket Historic District
Commission and the town clerk of the town of Nantucket.
SECTION 5. The Act is further amended by adding new Section 3A to read as follows
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Town of Nantucket 2012 Special Town Meeting Warrant
SECTION 3A. Notwithstanding any other law to the contrary, the
Commission is authorized to establish rules for the imposition of
reasonable fees for the employment of outside consultants and to deposit
such fees in a special account, which account shall be maintained and
used in accordance with the provisions of chapter 44, section 53G of the
general laws.
SECTION 6. The Act is further amended by adding new Section 9A to read as follows:
SECTION 9A. Notwithstanding any other law to the contrary,
(a) No historic place shall be altered, wholly or partially, in any way
that alters its physical appearance without either (1) a certificate
of appropriateness issued by the Commission expressly
authorizing such alteration, or (2) the Commission has first
issued a certificate of nonapplicability with respect to such
alteration.
(b) Nothing in this Act shall be construed to prevent the ordinary
care, maintenance, and/or repair (including replacement of
cobblestones, mowing of fields, and the like) of an historic place,
provided such care, maintenance or repair does not involve a
change in design, material, color or outward appearance.
(c) It shall be the responsibility of any applicant seeking a certificate
of appropriateness to alter an historic place to provide all
necessary plans, elevations and other information deemed
necessary by the Commission or reasonably requested by the
Commission to evaluate a proposed alteration.
(d) The provisions of this Act applicable to the processing of
applications for certificates of appropriateness applicable to
buildings and structures shall also apply to applications for
alteration of an historic place.
(e) It shall be a violation of this Act for any person to alter an historic
place without obtaining either a certificate of appropriateness or
a certificate of nonapplicability from the Commission, or
otherwise to destroy, deface, burn, topple, mar with graffiti,
damage, spoil, encroach upon, or injure an historic place.
SECTION 7. Section 11 of the Act is hereby amended by adding after the last sentence
the following new sentence: “Notwithstanding any other law to the contrary, the
Commission is authorized to appoint special legal counsel of its choosing, separate from
Town counsel, to assist the Commission in connection with any such appeal before the
Board of Selectmen. The services of such special legal counsel shall be paid for in the
same manner and from the same source as Town counsel.”
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Town of Nantucket 2012 Special Town Meeting Warrant
SECTION 8. Section 12 of the Act is hereby amended by adding after the last sentence
the following new sentence: “Notwithstanding any other law to the contrary, the
Commission is authorized to appoint special legal counsel of its choosing, separate from
Town counsel, to assist the Commission in connection with any such appeal it may so
file in Superior Court as an aggrieved party from a decision by the Board of Selectmen
The services of such special legal counsel shall be paid for in the same manner and
from the same source as Town counsel.”
SECTION 9. This act shall take effect upon its passage.
(David Barham, et al)
ARTICLE 12
(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, the fee or lesser interests in all or any portions of the
following unconstructed rights of way, together with any public and private rights of
passage for public ways, open space and/or general municipal purposes:
Proprietors Road in the Polpis area partially known as Hilltop Road
between a northeastern lot line of Parcel 6 on Assessor Map 43 to the
southwestern sideline of Shawkemo Road, not including any portion of
Rabbit Run Road;
Alabama Avenue (Madaket) between the southwestern sideline of Ames
Avenue to the Atlantic Ocean;
Midland Avenue (Madaket) between the northern sideline of Madaket
Road to the Atlantic Ocean;
Madaket Road (f.k.a.Oregon Avenue) from a line extending the western
sideline of Ames Avenue across Madaket Road to the Atlantic Ocean;
Dayton Street (Madaket) between the northern sideline of Midland
Avenue to the southern sideline of Denver Street;
Denver Street (Madaket) between the southwestern sideline of Ames
Avenue and the northeastern property line of Assessor Map 60. Parcel
134;
Cherry Street, s.k.a. Naushon Way (Surfside) between the northern
sideline of Nonantum Avenue and the northern sideline of Weweeder
Avenue; and between the northern sideline of Pochick Avenue and the
southern sideline of Masaquet Avenue;
Cumberland Avenue (Tom Nevers) between the eastern sideline of
Fairfield Street and the western sideline of Exeter Street;
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Town of Nantucket 2012 Special Town Meeting Warrant
Russell and Jefferson Streets (Maddequecham) between the southern
sideline of Weweeder Avenue and the northern sideline of the former
Boulevarde;
Chase Lane - Proprietors Road (Quidnet/Squam) between a line
extending through Chase Lane at the eastern edge of the westernmost
way located on a property to identified as Assessor Map 21, Parcel 37
and a line extending the western property line of a property identified as
Assessor Map 21, Parcel 52 through Chase Lane.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 13
(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 in all or any portion of the land
identified below 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, or (2) convey, sell or otherwise dispose of the fee or any lesser
interests of any portion of the land identified below to the Nantucket Islands Land Bank,
any such disposition to be on such terms and conditions as the Board of Selectmen
deems appropriate, which may include the reservation of easements and restrictions;
and (3) for such parcels as the Board of Selectmen determines by vote to be not needed
for conveyance, to dedicate all or any portion of the land identified below for open space
and recreational purposes:
Proprietors Road in the Polpis area partially known as Hilltop Road
between a northeastern lot line of Parcel 6 on Assessor Map 43 to the
southwestern sideline of Shawkemo Road, not including any portion of
Rabbit Run Road;
Alabama Avenue (Madaket) between the southwestern sideline of Ames
Avenue to the Atlantic Ocean;
Midland Avenue (Madaket) between the northern sideline of Madaket
Road to the Atlantic Ocean;
Madaket Road (f.k.a.Oregon Avenue) from a line extending the western
sideline of Ames Avenue across Madaket Road to the Atlantic Ocean;
Dayton Street (Madaket) between the northern sideline of Midland
Avenue to the southern sideline of Denver Street;
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Town of Nantucket 2012 Special Town Meeting Warrant
Denver Street (Madaket) between the southwestern sideline of Ames
Avenue and the northeastern property line of Assessor Map 60. Parcel
134;
Cherry Street, s.k.a. Naushon Way (Surfside) between the northern
sideline of Nonantum Avenue and the northern sideline of Weweeder
Avenue; and between the northern sideline of Pochick Avenue and the
southern sideline of Masaquet Avenue;
Cumberland Avenue (Tom Nevers) between the eastern sideline of
Fairfield Street and the western sideline of Exeter Street;
Russell and Jefferson Streets (Maddequecham) between the southern
sideline of Weweeder Avenue and the northern sideline of the former
Boulevarde;
Chase Lane - Proprietors Road (Quidnet/Squam) between a line
extending through Chase Lane at the eastern edge of the westernmost
way located on a property to identified as Assessor Map 21, Parcel 37
and a line extending the western property line of a property identified as
Assessor Map 21, Parcel 52 through Chase Lane.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 14
(Real Estate Conveyance: Conveyance of Moorland Management
District Property from County to Town)
To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court consistent with the requirements of Article 97 of the Amendments to the
Massachusetts Constitution to enact special legislation to authorize the change in use,
transfer and conveyance of a certain parcel of land from the County of Nantucket for
beach purposes, as described in more detail below and as shown on a map entitled
“2012 Special Town Meeting Warrant Article 14” dated August, 2012 and filed with the
Office of the Town Clerk, to the Town of Nantucket for beach purposes and also for
open space purposes, and further, to authorize the Board of Selectmen to accept such
parcel of land; 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 Approving the Conveyance of Property by the County of Nantucket
Section 1. The County of Nantucket is hereby authorized to convey without
consideration the fee in a parcel of land shown on the Nantucket Board of Assessors’
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Town of Nantucket 2012 Special Town Meeting Warrant
Map 82, as Parcel 22, Heller Way/Smooth Hummocks, from the County of Nantucket for
beach purposes to the Town of Nantucket for beach and open space purposes.
Section 2. The provisions of Chapter 30B of the Massachusetts General Laws and any
rights of first refusal of 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 3. This Act shall take effect upon passage.
Or to take any other action relative thereto.
(Board of Selectmen)
ARTICLE 15
(Real Estate Conveyance: 17 Dave’s Street)
To see if the Town will vote to transfer from the Board of Selectmen or other
board or committee with custody of the property for the purposes for which such
property is currently held to the Board of Selectmen for purposes of sale or conveyance,
and further, to authorize the Board of Selectmen to sell, convey, release or otherwise
dispose of any interests in all or any portion of land listed below, subject to Chapter 30B
of the Massachusetts General Laws, any such disposition to be on such terms and
conditions the Board of Selectmen deems appropriate, which may include the
reservation of easements and restrictions in regard to the following land:
Assessor Map 55 Parcel 428;
All as shown on a map entitled “2012 Special Town Meeting Warrant Article 15” dated
August 2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 16
(Real Estate Conveyance: 33 New Street)
To see if the Town will vote to transfer from the Siasconset Water Commission for
water supply purposes to the Board of Selectmen for purposes of sale or conveyance,
and further, to authorize the Board of Selectmen to sell, convey, or otherwise dispose of
any interest the Town may have in, or to, a parcel of property located at 33 New Street,
Siasconset, shown on Assessor’s Map 73.4.2, Parcel 83, more particularly described in
a deed recorded in Book 102, Page 262 of the Nantucket County Registry of Deeds,
subject to Chapter 30B of the Massachusetts General Laws, any such disposition to be
on such terms and conditions as the Board of Selectmen deems appropriate, which may
include the reservation of easements and restrictions.
Or to take any other action related thereto.
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Town of Nantucket 2012 Special Town Meeting Warrant
(Board of Selectmen for Siasconset Water Commission)
ARTICLE 17
(Real Estate Acquisition: William Coffin Setoff Property/44 Sparks Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by
eminent domain, purchase or gift, the fee interest in the following property, for general
municipal or cemetery purposes, and if acquired for cemetery purposes, to place such
property in the care, custody and control of the Nantucket Cemetery Commission:
Assessors Map 55 Parcel 600 known as 44 Sparks Avenue shown as Lot
A containing 15,636 square feet of land
as shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
Or to take any other action related thereto.
(Board of Selectmen for Cemetery Commission)
ARTICLE 18
(Real Estate Acquisition: 42 Sparks Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent
domain, purchase or gift, the fee interest in the following property, for general municipal
or cemetery purposes, and if acquired for cemetery purposes, to place such property in
the care, custody and control of the Nantucket Cemetery Commission:
Assessors Map 55 Parcel 601 known as 42 Sparks Avenue shown as Lot
A containing 13,816 square feet of land
As shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
Or to take any other action related thereto.
(Board of Selectmen for Cemetery Commission)
ARTICLE 19
(Real Estate Acquisition/Conveyance: 40 Sparks Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by
eminent domain, purchase or gift, the fee interest in the following property, for general
municipal or open space purposes or for the purposes of conveyance; if acquired for
open space purposes, the property shall be placed in the care, custody and control of
the Board of Selectmen; if acquired for the purposes of conveyance, to further authorize
the Board of Selectmen to convey, sell or dispose of the fee or any lesser interests in all
or any portion of the land identified below 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:
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Town of Nantucket 2012 Special Town Meeting Warrant
Assessors Map 55 Parcel 602 known as 40 Sparks Avenue shown as Lot A
containing 36,511 square feet of land
as shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
Or to take any other action related thereto.
(Board of Selectmen for Cemetery Commission)
ARTICLE 20
(Real Estate Acquisition: Various Parcels)
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 the following parcels of
land for public ways, open space and/or general municipal purposes:
6 Rhode Island Avenue (Madaket), Assessor Map 60.3.1 Parcels 383 and
385;
17 New Hampshire Avenue (Madaket), Map 60.3.1 Parcel 400
9 Sheep Pond Road (Madaket) Assessor Map 63 Parcel 24;
Clark Cove Road (Southwest Quarter), Map 64 Parcel 5
1 Huntington Street (Tom Nevers), Map 71.3.2 Parcel 314;
3 Fawcett Way (Siasconset), Map 73.1.3 Parcel 17;
10 Ocean Avenue (Siasconset), Map 73.2.4 Parcels 15 and 23;
Low Beach (Siasconset), Map 75 Parcel 22
143 E Surfside Road, Map 80 Parcel 101.6;
274 Hummock Pond Road (Cisco), Assessor Map 83 Parcel 48;
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 21
(Real Estate Conveyance: Various Parcels)
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 land
identified below pursuant to Chapter 30B of the Massachusetts General Laws and
guidelines established under the “Nantucket Yard Sales” program on file at the Board of
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Town of Nantucket 2012 Special Town Meeting Warrant
Selectmen’s office, or (2) convey, sell or otherwise dispose of the fee or any lesser
interests of any portion of the land identified below 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; and
(3) for such parcels as the Board of Selectmen determines by vote to be not needed for
conveyance, to dedicate all or any portion of the land identified below for open space
and recreational purposes:
6 Rhode Island Avenue (Madaket), Assessor Map 60.3.1 Parcels 383 and
385;
17 New Hampshire Avenue (Madaket), Map 60.3.1 Parcel 400
9 Sheep Pond Road (Madaket), Assessor Map 63 Parcel 24;
Clark Cove Road (Southwest Quarter), Map 64 Parcel 5
1 Huntington Street (Tom Nevers), Map 71.3.2 Parcel 314;
3 Fawcett Way (Siasconset), Map 73.1.3 Parcel 17;
10 Ocean Avenue (Siasconset), Map 73.2.4 Parcels 15 and 23;
Low Beach (Siasconset), Map 75 Parcel 22
143 E Surfside Road, Map 80 Parcel 101.6;
274 Hummock Pond Road (Cisco), Assessor Map 83 Parcel 48;
Or to take any other action related thereto.
(Board of Selectmen)
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Town of Nantucket 2012 Special Town Meeting Warrant
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Town of Nantucket 2012 Special Town Meeting Warrant
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To act upon and transact any business relative to the foregoing subjects which
may, then and there, come before said meeting.
Hereof fail not and make due return of this Warrant with your doings thereon to the
Town Clerk at the time and place of meeting aforesaid.
Given under our hands this 12th day of September in the year Two Thousand Twelve.
____________________________________
Patricia Roggeveen, Chairman
____________________________________
Robert DeCosta, Vice Chairman
____________________________________
Rick Atherton
____________________________________
Bruce D. Miller
SELECTMEN OF NANTUCKET, MA
Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the
Warrant of September 12, 2012, I have notified and warned the inhabitants of the Town
of Nantucket qualified to vote in Town affairs to appear at the times and place and for
the purposes within mentioned by posting said notification on __________________ at
the Stop & Shop on Pleasant Street, the Grand Union on Salem Street, the Town and
County Building at 16 Broad Street; and upon the Bulletin Boards at the corner of Main
and Federal Streets, and Siasconset Square.
Sworn to under pains and penalties of perjury,
___________________________________________________
Catherine Flanagan Stover, Constable
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
WARRANT WITH FINANCE COMMITTEE MOTIONS FOR
2012 SPECIAL TOWN MEETING
Nantucket High School
Monday, October 22, 2012 – 6:00 PM
Town of Nantucket
16 Broad Street
Nantucket, MA 02554
(508) 228-7255
www.nantucket-ma.gov
BOARD OF SELECTMEN
Patricia Roggeveen, Chairman
Robert DeCosta, Vice Chairman
Rick Atherton
Bruce D. Miller
FINANCE COMMITTEE
Matthew T. Mulcahy, Chairman
Timothy M. Soverino, Vice Chairman
Matthew Fee
James R. Kelly
Christopher J. Kickham
Julia Lindner
John Tiffany
Clifford J. Williams
David Worth
PLANNING BOARD
Barry G. Rector, Chairman
Sylvia Howard
John McLaughlin
Nathaniel Lowell
Linda Williams
MODERATOR
Sarah F. Alger
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
AMERICANS WITH DISABILITIES ACT NOTICE
The Town of Nantucket advises applicants, participants
and the public that it does not discriminate on the basis of
disability in, admission to, access to, treatment or
employment in its programs, services and activities. The
Town of Nantucket will provide auxiliary aids and services
to access programs upon request. Inquiries, requests and
complaints should be directed to the Town Manager, 16
Broad Street, Nantucket, MA 02554, (508) 228-7255.
IF YOU NEED A LARGE PRINT
VERSION OF THIS DOCUMENT,
PLEASE CONTACT THE
TOWN MANAGER’S OFFICE AT
(508) 228-7255
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
TOWN OF NANTUCKET
October 22, 2012
SPECIAL TOWN MEETING
TABLE OF CONTENTS
Article Number
Page
Number
1
Appropriation: Fiscal Year 2013 Enterprise Fund Operating Budget
Amendments 1
2
Appropriation: Fiscal Year 2013 Enterprise Fund Capital Expenditure
Amendments 2
3
Appropriation: Fiscal Year 2013 General Fund Operating Budget
Amendments 3
4 Appropriation: Prior Year Articles 4
5 Appropriation: Madaket Landfill Wind Turbine/Gookin 4
6 Zoning Map Change: Meadow Lane R-20 to R-1 5
7
Zoning Map Change: Industrial Land: Arrowhead Drive, Sun Island and
Hinsdale Roads 6
8 Zoning Bylaw Amendment: Zoning Enforcement Officer 7
9
Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map
Changes/Manning 8
10
Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map
Changes/Barada 9
11 Home Rule Petition: Amend Historic District Commission Act/Barham 9
12 Real Estate Acquisition: Various “Paper” Streets 12
13 Real Estate Conveyance: Various “Paper” Streets 14
14
Real Estate Conveyance: Conveyance of Moorland Management District
Property from County to Town 17
15 Real Estate Conveyance: 17 Dave’s Street 18
16 Real Estate Conveyance: 33 New Street 19
17 Real Estate Acquisition: William Coffin Setoff Property/44 Sparks Avenue 20
18 Real Estate Acquisition: 42 Sparks Avenue 20
19 Real Estate Acquisition/Conveyance: 40 Sparks Avenue 21
20 Real Estate Acquisition: Various Parcels 21
21 Real Estate Conveyance: Various Parcels 23
NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED
BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL
AND OTHER ERRORS
ARTICLE 1
(Appropriation: Fiscal Year 2013 Enterprise Fund Operating Budget Amendments)
To see what Fiscal Year 2013 Enterprise Fund operating budgets, as voted at the
2012 Annual Town Meeting in Article 14, the Town will vote to amend, and further to
appropriate, and also to raise, or transfer from available funds, a sum or sums of money
for such purposes; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2013
Enterprise Fund budgets approved under Article 14 of the 2012 Annual Town Meeting
be amended by appropriating the additional amounts, or reducing appropriations, for the
purposes and in the amounts specified below:
FY 2013 FY 2013 FY 2013 FY 2012
FUND
PAYROLL EXPENSES
TOTAL
BUDGET
(showing
2012 ATM
budget
number in
strikethrough,
and new total
budget
number for
informational
purposes)
TOTAL
BUDGET
Airport
$701,472 $1,301,644
$5,802,254
$7,805,370 $11,968,145
Sewer ( includes
Wastewater
Treatment;
Collection &
Disposal; and
Siasconset plant)
$266,035 ($796,678)
$6,138,378
$5,607,735 $5,697,549
Siasconset Water
($2,000)$186,795
$962,250
$1,147,045 $969,350
Solid Waste
$189,920
$7,603,996
$7,793,916 $7,658,500
Wannacomet Water
($269,510)
$4,346,010
$4,076,500 $4,032,040
and as funding therefor, to amend the total amounts to be raised from the FY13 Tax Levy and
Other General Revenues or transferred from FY13 Anticipated Receipts as follows:
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
Enterprise Fund FY 13 Tax Levy and Other
General revenues
Amount to be Transferred
from FY 13 Estimated
Revenue
Airport $1,060,728 $6,744,642
Our Island Home $2,261,560 $4,706,440
Sewer $5,607,735
Siasconset Water $1,147,045
Solid Waste $4,516,502 $3,277,414
Wannacomet Water $4,076,500
Total Funding Sources $33,398,567
Quantum of vote required for passage of this motion is a majority vote
ARTICLE 2
(Appropriation: Fiscal Year 2013 Enterprise Fund Capital Expenditure Amendments)
To see what Fiscal Year 2013 Enterprise Fund capital expenditures, as voted at
the 2012 Annual Town Meeting in Article 15, the Town will vote to amend, and further to
appropriate, and also to raise, or transfer from available funds or borrow, a sum or sums
of money for such purposes; or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the vote taken under Article 15 of the
2012 Annual Town Meeting for Enterprise Fund capital expenditures be amended by
approving the additional capital expenditures for the purposes and in the amounts
specified, and, as funding therefor, to transfer from available funds or authorize
borrowing of the sums indicated:
DEPARTMENT FUNDING SOURCE(S) ITEM AMOUNT
Airport
Transfer $275,020 from Article
13 of the 2008 Annual Town
Meeting (Terminal Building
Improvements)
Transfer $147,096 from Article
13 of the 2009 Annual Town
Meeting (Terminal Building
Renovations)
Transfer $8,138 From Article 13
of the 2009 Annual Town
Meeting (Raze and Remove
Annex)
Supplemental appropriation for
professional services,
permitting, construction, and
other costs associated with the
General Aviation Building and
furnishings $430,255
Airport
Transfer $147,777 from Article
13 of the 2009 Annual Town
Meeting (Landscape Perimeter
Fence)
Purchase furnishings and
equipment for the Airport and
General Aviation Building $147,777
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
Airport
Transfer $100,000 from Article
13 of the 2009 Annual Town
Meeting (Landscape Perimeter
Fence)
Professional services,
permitting, construction, and
other costs associated with
Airport parking lot
improvements $100,000
Sewer
Transfer $931,458 from Article
4 of the 2005 Special Town
Meeting (Supplemental funding
for the Surfside Wastewater
Treatment Facility)
Costs associated with the
repairs, replacement, and
equipment upgrades at the
Surfside Waste Water
Treatment Facility $931,458
Siasconset Water
Transfer $601,685 from Article
13 of the 2009 Annual Town
Meeting (Low Beach Water
Main Improvements)
Professional services for
design, permitting, construction,
and other costs associated with
pump station/SCADA
improvements $601,685
Wannacomet
Water
Authorize the Treasurer, with
the approval of the Board of
Selectmen to borrow $800,000
pursuant to G.L. c.44, §§7 or 8
or any other enabling authority,
and that while such bonds shall
be general obligations of the
Town, it is intended that the
principal and interest thereon
shall be repaid from
Wannacomet Water Enterprise
Fund revenues, state and
federal grants and other
available funds for Wannacomet
Water items
Professional services for
design, permitting, construction,
and other costs associated with
distribution system
improvements $800,000
FINANCE COMMITTEE COMMENT: The funding for all of the items shown in the
motion – except for the Wannacomet Water item – is merely being transferred from other
accounts to cover projects/items that require additional funding. The debt service
payments resulting from the Wannacomet Water borrowing item are expected to be
covered by retained earnings of Wannacomet Water and will be a transfer at the 2013
Annual Town Meeting.
Quantum of vote required for passage of this motion is a two-thirds vote
ARTICLE 3
(Appropriation: Fiscal Year 2013 General Fund Operating Budget Amendments)
To see what Fiscal Year 2013 General Fund operating budgets, as voted at the
2012 Annual Town Meeting in Article 8, the Town will vote to amend, and further to
appropriate, and also to raise, or transfer from available funds, a sum or sums of money
for such purposes; or to take any other action related thereto.
(Board of Selectmen)
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved that the Fiscal Year 2013 operating budget
approved under Article 8 of the 2012 Annual Town Meeting be amended by raising and
appropriating from the Fiscal Year 2013 Tax Levy and Other General Revenues of the
Town the additional sum of Three Hundred Thirty-eight Thousand Six Hundred Sixty-
eight Dollars ($338,668) for the payment of principal and interest on debt service for the
Hummock Pond Road bicycle path.
FINANCE COMMITTEE COMMENT: An appropriation of $3,200,000 was approved
and a borrowing authorized at the 2012 Annual Town Meeting for the Hummock Pond
Road bicycle path, contingent upon the passage of a debt exclusion ballot question at
the Annual Town Election. The election was held subsequent to the Town Meeting and
the ballot question was approved. However, since the borrowing did not occur until after
the Town Meeting and Election, the debt service payment was neither known nor
budgeted at the Town Meeting. Now that the borrowing has occurred and the debt
service payment for FY 13 is known, the debt service budget is proposed to be
amended.
Quantum of vote required for passage of this motion is a majority vote
ARTICLE 4
(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; or to take any
other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that thirty-year unspent bond proceeds from
borrowing be transferred from completed projects to other projects in accordance with
Chapter 44, Section 20 of the General Laws, as follows:
FROM TO AMOUNT
Article 13 of the 2006 Annual
Town Meeting (Phase I and II
infiltration/inflow improvements in
downtown Core District)
Article 13 of the 2009 Annual Town
Meeting (Phase IIB
infiltration/inflow improvements) $29,825.54
Quantum of vote required for passage of this motion is a majority vote
ARTICLE 5
(Appropriation: Madaket Landfill Wind Turbine)
To see what sums the Town will vote to appropriate, and also to raise, borrow
pursuant to any applicable statute or transfer from available funds, to be spent by the Town
Manager with the approval of the Board of Selectmen, for materials and professional
services related to the design, permitting, construction supervision, engineering ad other
related professional services, for construction of a community scale wind turbine similar in
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
size and specifications to the Nantucket High School wind turbine, to be located at the
Madaket Landfill.
(Barbara Gookin, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The motion not to adopt this Article has been
made after review of a limited amount of financial data and public participation. The
Committee feels that a project that has drawn a high level of public concern, as it did at
the 2012 Annual Town Meeting, requires more input by the general public, and financial
scrutiny not provided for with the October Special Town Meeting.
BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance
Committee Motion and Comment.
Quantum of vote required for passage of this motion is a majority vote; passage of a positive motion
requires a two-thirds vote
ARTICLE 6
(Zoning Map Change: Meadow Lane R-20 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-20 (R-20) district
in the Residential 1 (R-1) district:
Map Lot Number Street
41 402 6 Meadow Lane
41 403 10 Meadow Lane
All as shown on a map entitled “2012 Special Town Meeting Warrant Article 6 Meadow
Lane” dated August 2012 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 20 (R-
20) district in the Residential 1 (R-1) district:
Map Lot Number Street
41 402 6 Meadow Lane
41 403 (a portion of) 10 Meadow Lane
All as shown on a map entitled “2012 Special Town Meeting Warrant Article 6 Meadow
Lane” dated August 2012, revised on September 26, 2012, as on file with the Office of
the Town Clerk.
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
PLANNING BOARD COMMENT: The proposed rezoning affects two (2) residential
properties at the edge of the existing R-1 district, neither of which conforms to the R-20
standards. The lot at 6 Meadow Lane is vacant and approximately 7,700 square feet in
area. It should be grouped with similar lots located to the north and east, which were
included in the R-1 zone and created at the same time. The inclusion of this lot will allow
2,300 square feet of ground cover, which is consistent with minimum areas allowed on
most lots. The lot at 10 Meadow Lane contains two (2) dwellings, which the owners, due
to family circumstances, wish to separate. Placing an approximately 7,000 square foot
portion of the easterly side of the lot in R-1 would be consistent with zoning for 6
Meadow Lane and leave the other structure on an 11,000 square foot lot, which is
similar to properties at 5, 7, and 9 Meadow Lane.
FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning
Board Motion.
Quantum of vote required for passage of this motion is a two-thirds vote
ARTICLE 7
(Zoning Map Change: Industrial Land:
Arrowhead Drive, Sun Island and Hinsdale Roads)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket
by taking the following actions:
1. By placing the following properties currently located in the Residential
Commercial 2 (RC-2) district in the Commercial Industrial (C-I) district:
Map Lot Number Street
69 29.6 11 Sun Island Road
69 29.7 13 Sun Island Road
69 29.8 15 Sun Island Road
69 108 109 Hinsdale Road
69 30.1 110 Hinsdale Road
69 30.2 112 Hinsdale Road
69 30.3 114 Hinsdale Road
69 10.2 19 Arrowhead Drive
All as shown on a map entitled “2012 Special Town Meeting Warrant Article 7 Industrial
Land” dated August 2012 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 to take no action on the Article.
PLANNING BOARD COMMENT: Owners of property included in this rezoning initially
requested the lots inclusion and then requested additional time for further study.
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning
Board Motion.
Quantum of vote required for passage of this motion is a majority vote; passage of a positive motion
requires a two-thirds vote
ARTICLE 8
(Zoning Bylaw Amendment: Zoning Enforcement Officer)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the
Town of Nantucket, as follows (NOTE: new language is shown as highlighted text,
language to be deleted is shown by strikeout; these methods to denote changes are not
meant to become part of the final text):
1. To amend section 2 by amending the following definition:
ZONING ENFORCEMENT OFFICER
An official of the Town of Nantucket Any building official identified in MGL
Chapter 40A section 7 and any person within the Planning and Land Use
Services department appointed by the Town Manager. who is responsible
for the administration and enforcement of the Nantucket Zoning Bylaw in
accordance with the provisions of MGL c. 40A, § 7.
2. To amend section 25A as follows:
Enforcement. This chapter shall be interpreted and enforced by a Zoning
Enforcement Officer appointed by the Board of Selectmen.
Or to take any other action related thereto.
(Board of Selectmen)
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. Amend section 2 by amending the following definition:
ZONING ENFORCEMENT OFFICER
An official of the Town of Nantucket Any building official identified in MGL
Chapter 40A section 7 and any person within the Planning and Land Use
Services department appointed by the Town Manager. who is responsible
for the administration and enforcement of the Nantucket Zoning Bylaw in
accordance with the provisions of MGL c. 40A, § 7.
2. Amend section 25A as follows:
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
Enforcement. This chapter shall be interpreted and enforced by a Zoning
Enforcement Officer appointed by the Board of Selectmen.
PLANNING BOARD COMMENT: The intent of this article is to provide for staffing
flexibility of zoning enforcement duties within the allowances of MGL Chapter 40A
section 7 and clarification/correction of existing language. The proposed changes will
allow for administrative discretion by the Town Manager in ensuring that there are
reasonable and efficient operations of zoning enforcement and interpretation. In
addition, the article clarifies that the duties of a Zoning Enforcement Officer include the
interpretation of the Zoning Bylaw and that Zoning Enforcement Officers are appointed
by the Town Manager.
FINANCE COMMITTEE COMMENT: The Finance Committee supports the Planning
Board Motion.
BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Planning
Board Motion and Comment.
Quantum of vote required for passage of this motion is a two-thirds vote
ARTICLE 9
(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 41-3B (Siasconset Sewer District) of the Code of the Town of
Nantucket by adding the following parcels to the Siasconset Sewer District:
Map Lot Number Street
49 83 79 Sankaty Rd
49 112 76 Sankaty Rd
49 114 80 Sankaty Rd
(Joseph Manning, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The proposed article affects two developed lots
and a parcel of protected open space. The two developed properties are undersized
preexisting lots, each containing a single family dwelling. As evaluated pursuant to the
sewer checklist, scoring 3 out of 7, the subject properties do not meet the minimum
requirements for extension of the district.
Quantum of vote required for passage of this motion is a majority vote if recommended by the Board of
Selectmen/Sewer Commission and a two-thirds vote if the Board does not recommend it
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
ARTICLE 10
(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 parcel to the Town Sewer District:
Map Parcel Street
Number Street
30 71 78 CLIFF RD
41 105 1 DERRY LANE
41 103 28 DERRYMORE RD
41 17 34 DERRYMORE RD
41 18 36 DERRYMORE RD
30 72 38 DERRYMORE RD
30 72 38 DERRYMORE RD
All as shown on a map entitled “2012 Special Town Meeting Warrant Article #___” dated
August 2012 and filed herewith at the Office of the Town Clerk. Or to take any other
action related thereto.
(Thomas Barada, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The proposed article affects seven properties, six
of which are developed. Five of the subject properties exceed the minimum lot
requirements and would become subdividable. As evaluated pursuant to the sewer
checklist, scoring 2 out of 7, the subject properties do not meet the minimum
requirements for extension of the district.
Quantum of vote required for passage of this motion is a majority vote if recommended by the Board of
Selectmen/Sewer Commission and a two-thirds vote if the Board does not recommend it
ARTICLE 11
(Home Rule Petition: Amend Historic District Commission Act)
To see if the town will vote to present to the General Court of the Commonwealth
a petition on behalf of the inhabitants of the town of Nantucket for enactment of a Home
Rule special act as set forth below to amend the Nantucket Historic District Act in order
to address concerns of the public as a result of the recent court decision adverse to the
Nantucket Historic District Commission regarding preservation of Martins Lane and to
otherwise update and clarify the scope of the Nantucket Historic District Commission as
set forth below; and to request the Town’s representatives to the General Court to
introduce a Special Act set forth below; and further that the General Court, with approval
by the Nantucket Historic District Commission, be authorized to make constructive
changes in language as may be necessary or advisable towards perfecting the intent of
this legislation in order to secure passage, or to take any other actions related thereto.
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AN ACT TO AMEND THE NANTUCKET HISTORIC DISTRICT ACT
SECTION 1. The purpose of this Act is to establish the authority of the Nantucket
Historic District Commission to preserve places of historic interest. Including without
limitation, historic brick paved streets and ways in the town, to address contemporary
concerns of the public learned from recent court decisions, and otherwise to further
modernize a forty two year old statute used currently to define the role of the Nantucket
Historic District Commission.
SECTION 2. Chapter 395 of the acts of 1970 entitled “An Act establishing an Historic
District Commission for the Town of Nantucket and Establishing Nantucket Island as the
Historic District”, as amended by chapter 708 of the acts of 1972; chapter 300 of the
acts of 1984; chapter 291 of the acts of 1985, chapter 735 of the acts of 1987; chapter
333 of the acts of 1989, chapter 314 of the acts of 1990; chapter 193 of the acts of 1998;
chapter 57 of the acts of 2000; chapter 90 of the acts of 2002 and chapter 8 of the Acts
of 2010 (collectively hereinafter referred to as the “Act”), is hereby amended as set forth
in this act.
SECTION 3. Section 2A of the Act is hereby amended to add the definition of “Historic
place” after the definition of “Exterior architectural features” and before the definition of
“Razed”, as follows: “Historic place” is a location or property, with or without the
presence of buildings or structures or other improvements thereon, having historical
significance at least fifty years old or older as of the date of application under section
five of this Act, including but not limited to: historic streetscapes and unique Nantucket
historical settings such as cobblestone roadways, or brick paved historic ways; places
where historic events occurred such as historical settlements, ruins, or location of
historic cultural or governmental organized ceremonies; or any place determined by the
Commission to be significant in the history, archaeology, architecture or culture of
Nantucket. Any such determination by the Commission that a location or property
constitutes a “historic place” pursuant to this section shall occur at a public hearing of
the Commission after notice to the public and any affected persons by publishing such
notice in one or more newspapers of general circulation in the Town issued at least
fourteen (14) days prior to the hearing, by posting a copy of such notice at Town Hall at
least fourteen (14) days prior to the hearing, and by posting a copy of such notice at a
conspicuous place on the property on which the Commission is to hold a hearing to
consider whether a particular location or property should be designated a historic place
under this Act.
SECTION 4. Section 2A of the Act is hereby further amended by adding a new
sentence to the definition of “Structure” after the existing sentence, as follows: “The
words walk and driveway in the foregoing sentence shall be liberally construed and shall
include but not be limited to the curbing, the curb cut at the intersection or crossing of
any walk or driveway and the nearest access way, the sidewalk, if any, to be crossed by
a walk or driveway, fencing openings, gates, aprons, berms and configuration, grading
and improvement of any ways to accommodate same, whether or not located on any
property owned or maintained privately or owned or maintained by the Town, the county
of Nantucket, political subdivision of the Commonwealth of Massachusetts or public
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
agency, provided however that this sentence shall apply only to the Old Historic District
and the Siasconset Old Historic District as defined by reference to maps delineating
those districts entitled Town of Nantucket - GIS Mapsheet entitled " Historic Districts"
and maintained for public inspection in the offices of the Nantucket Historic District
Commission and the town clerk of the town of Nantucket.
SECTION 5. The Act is further amended by adding new Section 3A to read as follows
SECTION 3A. Notwithstanding any other law to the contrary, the
Commission is authorized to establish rules for the imposition of
reasonable fees for the employment of outside consultants and to deposit
such fees in a special account, which account shall be maintained and
used in accordance with the provisions of chapter 44, section 53G of the
general laws.
SECTION 6. The Act is further amended by adding new Section 9A to read as follows:
SECTION 9A. Notwithstanding any other law to the contrary,
(a) No historic place shall be altered, wholly or partially, in any way
that alters its physical appearance without either (1) a certificate
of appropriateness issued by the Commission expressly
authorizing such alteration, or (2) the Commission has first
issued a certificate of nonapplicability with respect to such
alteration.
(b) Nothing in this Act shall be construed to prevent the ordinary
care, maintenance, and/or repair (including replacement of
cobblestones, mowing of fields, and the like) of an historic place,
provided such care, maintenance or repair does not involve a
change in design, material, color or outward appearance.
(c) It shall be the responsibility of any applicant seeking a certificate
of appropriateness to alter an historic place to provide all
necessary plans, elevations and other information deemed
necessary by the Commission or reasonably requested by the
Commission to evaluate a proposed alteration.
(d) The provisions of this Act applicable to the processing of
applications for certificates of appropriateness applicable to
buildings and structures shall also apply to applications for
alteration of an historic place.
(e) It shall be a violation of this Act for any person to alter an historic
place without obtaining either a certificate of appropriateness or
a certificate of nonapplicability from the Commission, or
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
otherwise to destroy, deface, burn, topple, mar with graffiti,
damage, spoil, encroach upon, or injure an historic place.
SECTION 7. Section 11 of the Act is hereby amended by adding after the last sentence
the following new sentence: “Notwithstanding any other law to the contrary, the
Commission is authorized to appoint special legal counsel of its choosing, separate from
Town counsel, to assist the Commission in connection with any such appeal before the
Board of Selectmen. The services of such special legal counsel shall be paid for in the
same manner and from the same source as Town counsel.”
SECTION 8. Section 12 of the Act is hereby amended by adding after the last sentence
the following new sentence: “Notwithstanding any other law to the contrary, the
Commission is authorized to appoint special legal counsel of its choosing, separate from
Town counsel, to assist the Commission in connection with any such appeal it may so
file in Superior Court as an aggrieved party from a decision by the Board of Selectmen
The services of such special legal counsel shall be paid for in the same manner and
from the same source as Town counsel.”
SECTION 9. This act shall take effect upon its passage.
(David Barham, et al)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The Committee shares a concern about the
issues surrounding the Martin’s Lane matter but the broader implications of the Article
need more public deliberation at an Annual Town Meeting.
BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance
Committee Motion and Comment.
Quantum of vote required for passage of this motion is a majority vote and a counted vote is
recommended if the motion passes
ARTICLE 12
(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, the fee or lesser interests in all or any portions of the
following unconstructed rights of way, together with any public and private rights of
passage for public ways, open space and/or general municipal purposes:
Proprietors Road in the Polpis area partially known as Hilltop Road
between a northeastern lot line of Parcel 6 on Assessor Map 43 to the
southwestern sideline of Shawkemo Road, not including any portion of
Rabbit Run Road;
Alabama Avenue (Madaket) between the southwestern sideline of Ames
Avenue to the Atlantic Ocean;
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Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
Midland Avenue (Madaket) between the northern sideline of Madaket
Road to the Atlantic Ocean;
Madaket Road (f.k.a.Oregon Avenue) from a line extending the western
sideline of Ames Avenue across Madaket Road to the Atlantic Ocean;
Dayton Street (Madaket) between the northern sideline of Midland
Avenue to the southern sideline of Denver Street;
Denver Street (Madaket) between the southwestern sideline of Ames
Avenue and the northeastern property line of Assessor Map 60. Parcel
134;
Cherry Street, s.k.a. Naushon Way (Surfside) between the northern
sideline of Nonantum Avenue and the northern sideline of Weweeder
Avenue; and between the northern sideline of Pochick Avenue and the
southern sideline of Masaquet Avenue;
Cumberland Avenue (Tom Nevers) between the eastern sideline of
Fairfield Street and the western sideline of Exeter Street;
Russell and Jefferson Streets (Maddequecham) between the southern
sideline of Weweeder Avenue and the northern sideline of the former
Boulevarde;
Chase Lane - Proprietors Road (Quidnet/Squam) between a line
extending through Chase Lane at the eastern edge of the westernmost
way located on a property to identified as Assessor Map 21, Parcel 37
and a line extending the western property line of a property identified as
Assessor Map 21, Parcel 52 through Chase Lane.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to authorize the Board of Selectmen to
acquire by purchase, gift, or eminent domain, the fee or lesser interests in all or any
portions of the following unconstructed rights of way, together with any public and
private rights of passage for public ways, open space and/or general municipal
purposes:
Proprietors Road in the Polpis area partially known as Hilltop Road
between a northeastern lot line of Parcel 6 on Assessor Map 43 to the
southwestern sideline of Shawkemo Road, not including any portion of
Rabbit Run Road;
Alabama Avenue (Madaket) between the southwestern sideline of Ames
Avenue to the Atlantic Ocean;
Page 13
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
Midland Avenue (Madaket) between the northern sideline of Madaket Road
to the Atlantic Ocean;
Madaket Road (f.k.a.Oregon Avenue) from a line extending the western
sideline of Ames Avenue across Madaket Road to the Atlantic Ocean;
Dayton Street (Madaket) between the northern sideline of Midland Avenue
to the southern sideline of Denver Street;
Denver Street (Madaket) between the southwestern sideline of Ames
Avenue and the northeastern property line of Assessor Map 60. Parcel
134;
Cherry Street, s.k.a. Naushon Way (Surfside) between the northern sideline
of Nonantum Avenue and the northern sideline of Weweeder Avenue; and
between the northern sideline of Pochick Avenue and the southern
sideline of Masaquet Avenue;
Cumberland Avenue (Tom Nevers) between the eastern sideline of Fairfield
Street and the western sideline of Exeter Street;
Russell and Jefferson Streets (Maddequecham) between the southern
sideline of Weweeder Avenue and the northern sideline of the former
Boulevarde;
Chase Lane - Proprietors Road (Quidnet/Squam) between a line extending
through Chase Lane at the eastern edge of the westernmost way located
on a property to identified as Assessor Map 21, Parcel 37 and a line
extending the western property line of a property identified as Assessor
Map 21, Parcel 52 through Chase Lane.
Quantum of vote required for passage of this motion is a majority vote
ARTICLE 13
(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 in all or any portion of the land
identified below 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, or (2) convey, sell or otherwise dispose of the fee or any lesser
interests of any portion of the land identified below to the Nantucket Islands Land Bank,
any such disposition to be on such terms and conditions as the Board of Selectmen
deems appropriate, which may include the reservation of easements and restrictions;
and (3) for such parcels as the Board of Selectmen determines by vote to be not needed
for conveyance, to dedicate all or any portion of the land identified below for open space
and recreational purposes:
Page 14
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
Proprietors Road in the Polpis area partially known as Hilltop Road
between a northeastern lot line of Parcel 6 on Assessor Map 43 to the
southwestern sideline of Shawkemo Road, not including any portion of
Rabbit Run Road;
Alabama Avenue (Madaket) between the southwestern sideline of Ames
Avenue to the Atlantic Ocean;
Midland Avenue (Madaket) between the northern sideline of Madaket
Road to the Atlantic Ocean;
Madaket Road (f.k.a.Oregon Avenue) from a line extending the western
sideline of Ames Avenue across Madaket Road to the Atlantic Ocean;
Dayton Street (Madaket) between the northern sideline of Midland
Avenue to the southern sideline of Denver Street;
Denver Street (Madaket) between the southwestern sideline of Ames
Avenue and the northeastern property line of Assessor Map 60. Parcel
134;
Cherry Street, s.k.a. Naushon Way (Surfside) between the northern
sideline of Nonantum Avenue and the northern sideline of Weweeder
Avenue; and between the northern sideline of Pochick Avenue and the
southern sideline of Masaquet Avenue;
Cumberland Avenue (Tom Nevers) between the eastern sideline of
Fairfield Street and the western sideline of Exeter Street;
Russell and Jefferson Streets (Maddequecham) between the southern
sideline of Weweeder Avenue and the northern sideline of the former
Boulevarde;
Chase Lane - Proprietors Road (Quidnet/Squam) between a line
extending through Chase Lane at the eastern edge of the westernmost
way located on a property to identified as Assessor Map 21, Parcel 37
and a line extending the western property line of a property identified as
Assessor Map 21, Parcel 52 through Chase Lane.
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to authorize the Board of Selectmen to take
the following actions:
(1) Sell, convey or otherwise dispose of the fee or lesser interests in all or any
portion of the land identified below pursuant to Chapter 30B of the
Page 15
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
Massachusetts General Laws and guidelines established under the
“Nantucket Yard Sales” program on file at the Board of Selectmen’s office:
Proprietors Road in the Polpis area partially known as Hilltop Road
between a northeastern lot line of Parcel 6 on Assessor Map 43 to the
southwestern sideline of Shawkemo Road, not including any portion of
Rabbit Run Road;
The eastern portion of Alabama Avenue as determined by the Board of
Selectmen;
Dayton Street (Madaket) between the northern sideline of Midland
Avenue to the southern sideline of Denver Street;
Denver Street (Madaket) between the southwestern sideline of Ames
Avenue and the northeastern property line of Assessor Map 60. Parcel
134;
Cherry Street, s.k.a. Naushon Way (Surfside) between the northern
sideline of Nonantum Avenue and the northern sideline of Weweeder
Avenue; and between the northern sideline of Pochick Avenue and the
southern sideline of Masaquet Avenue;
Cumberland Avenue (Tom Nevers) between the eastern sideline of
Fairfield Street and the western sideline of Exeter Street;
Russell and Jefferson Streets (Maddequecham) between the southern
sideline of Weweeder Avenue and the northern sideline of the former
Boulevarde, except for areas that are determined the Board of Selectmen
to be needed for beach and coastal access purposes;
Chase Lane - Proprietors Road (Quidnet/Squam) between a line
extending through Chase Lane at the eastern edge of the westernmost
way located on a property to identified as Assessor Map 21, Parcel 37
and a line extending the western property line of a property identified as
Assessor Map 21, Parcel 52 through Chase Lane.
(2) Convey, sell or otherwise dispose of the fee or any lesser interests of any
portion of the land identified below to the Nantucket Islands Land Bank, any
such disposition to be on such terms and conditions as the Board of
Selectmen deems appropriate, which may include the reservation of
easements and restrictions; or if the Board of Selectmen determines by vote
to be not needed for conveyance, to dedicate all or any portion of the land
identified below for open space and recreational purposes:
The western portion of Alabama Avenue (beach area) as determined by
the Board of Selectmen;
Page 16
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
Midland Avenue (Madaket) between the northern sideline of Madaket
Road to the Atlantic Ocean;
Madaket Road (f.k.a.Oregon Avenue) from a line extending the western
sideline of Ames Avenue across Madaket Road to the Atlantic Ocean;
Russell and Jefferson Streets (Maddequecham) between the southern
sideline of Weweeder Avenue and the northern sideline of the former
Boulevarde (beach and coastal access).
Quantum of vote required for passage of this motion is a majority vote
ARTICLE 14
(Real Estate Conveyance: Conveyance of Moorland Management
District Property from County to Town)
To see if the Town will vote to authorize the Board of Selectmen to petition the
General Court consistent with the requirements of Article 97 of the Amendments to the
Massachusetts Constitution to enact special legislation to authorize the change in use,
transfer and conveyance of a certain parcel of land from the County of Nantucket for
beach purposes, as described in more detail below and as shown on a map entitled
“2012 Special Town Meeting Warrant Article 14” dated August, 2012 and filed with the
Office of the Town Clerk, to the Town of Nantucket for beach purposes and also for
open space purposes, and further, to authorize the Board of Selectmen to accept such
parcel of land; 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 Approving the Conveyance of Property by the County of Nantucket
Section 1. The County of Nantucket is hereby authorized to convey without
consideration the fee in a parcel of land shown on the Nantucket Board of Assessors’
Map 82, as Parcel 22, Heller Way/Smooth Hummocks, from the County of Nantucket for
beach purposes to the Town of Nantucket for beach and open space purposes.
Section 2. The provisions of Chapter 30B of the Massachusetts General Laws and any
rights of first refusal of 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 3. This Act shall take effect upon passage.
Or to take any other action relative thereto.
(Board of Selectmen)
Page 17
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
FINANCE COMMITTEE MOTION: Moved to authorize the Board of Selectmen to
petition the General Court consistent with the requirements of Article 97 of the
Amendments to the Massachusetts Constitution to enact special legislation as set forth
below to authorize the change in use, transfer and conveyance of a certain parcel of
land from the County of Nantucket for beach purposes, as described in more detail
below and as shown on a map entitled “2012 Special Town Meeting Warrant Article 14”
dated August, 2012 and filed with the Office of the Town Clerk, to the Town of
Nantucket for beach purposes and also for open space purposes, and further, to
authorize the Board of Selectmen to accept such parcel of land; 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:
An Act Approving the Conveyance of Property by the County of Nantucket
Section 1. The County of Nantucket is hereby authorized to convey without
consideration the fee in a parcel of land shown on the Nantucket Board of Assessors’
Map 82, as Parcel 22, Heller Way/Smooth Hummocks, from the County of Nantucket for
beach purposes to the Town of Nantucket for beach and open space purposes.
Section 2. The provisions of Chapter 30B of the Massachusetts General Laws and any
rights of first refusal of 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 3. This Act shall take effect upon passage.
Quantum of vote required for passage of this motion is a majority vote and a counted vote is
recommended if the motion passes
ARTICLE 15
(Real Estate Conveyance: 17 Dave’s Street)
To see if the Town will vote to transfer from the Board of Selectmen or other
board or committee with custody of the property for the purposes for which such
property is currently held to the Board of Selectmen for purposes of sale or conveyance,
and further, to authorize the Board of Selectmen to sell, convey, release or otherwise
dispose of any interests in all or any portion of land listed below, subject to Chapter 30B
of the Massachusetts General Laws, any such disposition to be on such terms and
conditions the Board of Selectmen deems appropriate, which may include the
reservation of easements and restrictions in regard to the following land:
Assessor Map 55 Parcel 428;
All as shown on a map entitled “2012 Special Town Meeting Warrant Article 15” dated
August 2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
Page 18
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved that the Town transfer from the Sewer
Commissioners for sewer purposes to the Board of Selectmen for purposes of sale or
conveyance, and further, authorize the Board of Selectmen to sell, convey, release or
otherwise dispose of any interests in, all or any portion of a parcel of property located at
17 Dave’s Street, shown as Assessor Map 55, Parcel 428, subject to Chapter 30B of the
Massachusetts General Laws, any such disposition to be on such terms and conditions
the Board of Selectmen deems appropriate, which shall include the reservation of a
sewer and pedestrian access easement and may include the reservation of other
easements and restrictions.
All as shown on a map entitled “2012 Special Town Meeting Warrant Article 15” dated
August 2012, as on file with the Office of the Town Clerk.
Quantum of vote required for passage of this motion is a two-thirds vote
ARTICLE 16
(Real Estate Conveyance: 33 New Street)
To see if the Town will vote to transfer from the Siasconset Water Commission for
water supply purposes to the Board of Selectmen for purposes of sale or conveyance,
and further, to authorize the Board of Selectmen to sell, convey, or otherwise dispose of
any interest the Town may have in, or to, a parcel of property located at 33 New Street,
Siasconset, shown on Assessor’s Map 73.4.2, Parcel 83, more particularly described in
a deed recorded in Book 102, Page 262 of the Nantucket County Registry of Deeds,
subject to Chapter 30B of the Massachusetts General Laws, any such disposition to be
on such terms and conditions as the Board of Selectmen deems appropriate, which may
include the reservation of easements and restrictions.
Or to take any other action related thereto.
(Board of Selectmen for Siasconset Water Commission)
FINANCE COMMITTEE MOTION: Moved that the Town transfer from the Siasconset
Water Commission for water supply purposes to the Board of Selectmen for purposes of
sale or conveyance, and further, to authorize the Board of Selectmen to sell, convey, or
otherwise dispose of any interest the Town may have in, or to, a parcel of property
located at 33 New Street, Siasconset, shown on Assessor’s Map 73.4.2, Parcel 83,
more particularly described in a deed recorded in Book 102, Page 262 of the Nantucket
County Registry of Deeds, subject to Chapter 30B of the Massachusetts General Laws,
any such disposition to be on such terms and conditions as the Board of Selectmen
deems appropriate, which may include the reservation of easements and restrictions.
FINANCE COMMITTEE COMMENT: The intent of Siasconset Water Commission is to
use proceeds from said sale to reduce the debt service incurred in the construction of
the Siasconset Water Department 400,000 gallon Composite Elevated Tank
Quantum of vote required for passage of this motion is a two-thirds vote
Page 19
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
ARTICLE 17
(Real Estate Acquisition: William Coffin Setoff Property/44 Sparks Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by
eminent domain, purchase or gift, the fee interest in the following property, for general
municipal or cemetery purposes, and if acquired for cemetery purposes, to place such
property in the care, custody and control of the Nantucket Cemetery Commission:
Assessors Map 55 Parcel 600 known as 44 Sparks Avenue shown as Lot
A containing 15,636 square feet of land
as shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
Or to take any other action related thereto.
(Board of Selectmen for Cemetery Commission)
FINANCE COMMITTEE MOTION: Moved to authorize the Board of Selectmen to
acquire by eminent domain, purchase or gift, for cemetery purposes, the fee interest in a
parcel of land known as 44 Sparks Avenue, shown as Assessors Map 55, Parcel 600,
containing 15,636 square feet of land, more or less, and shown as Lot A on a “Plan of
Land in Nantucket, Mass.”, dated December 19, 1997 on file at the Nantucket Planning
Board at Plan File 6235, and to place such property in the care, custody and control of
the Nantucket Cemetery Commission.
Quantum of vote required for passage of this motion is a majority vote
ARTICLE 18
(Real Estate Acquisition: 42 Sparks Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent
domain, purchase or gift, the fee interest in the following property, for general municipal
or cemetery purposes, and if acquired for cemetery purposes, to place such property in
the care, custody and control of the Nantucket Cemetery Commission:
Assessors Map 55 Parcel 601 known as 42 Sparks Avenue shown as Lot
A containing 13,816 square feet of land
As shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
Or to take any other action related thereto.
(Board of Selectmen for Cemetery Commission)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The land that is the subject of this article has
been discussed at prior Town Meetings and has been the source of much review. A final
Page 20
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
determination about the long-term use of this land is therefore most appropriately
addressed at an Annual Town Meeting.
Quantum of vote required for passage of this motion is a majority vote; passage of a positive motion also
requires a majority vote
ARTICLE 19
(Real Estate Acquisition/Conveyance: 40 Sparks Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by
eminent domain, purchase or gift, the fee interest in the following property, for general
municipal or open space purposes or for the purposes of conveyance; if acquired for
open space purposes, the property shall be placed in the care, custody and control of
the Board of Selectmen; if acquired for the purposes of conveyance, to further authorize
the Board of Selectmen to convey, sell or dispose of the fee or any lesser interests in all
or any portion of the land identified below 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:
Assessors Map 55 Parcel 602 known as 40 Sparks Avenue shown as Lot A
containing 36,511 square feet of land
as shown on a “Plan of Land in Nantucket, Mass.”, dated December 19, 1997 on file at
the Nantucket Planning Board at Plan File 6235.
Or to take any other action related thereto.
(Board of Selectmen for Cemetery Commission)
FINANCE COMMITTEE MOTION: Moved not to adopt the Article.
FINANCE COMMITTEE COMMENT: The land that is the subject of this article has
been discussed at prior Town Meetings and has been the source of much review. A final
determination about the long-term use of this land is therefore most appropriately
addressed at an Annual Town Meeting.
Quantum of vote required for passage of this motion is a majority vote; passage of a positive motion also
requires a majority vote
ARTICLE 20
(Real Estate Acquisition: Various Parcels)
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 the following parcels of
land for public ways, open space and/or general municipal purposes:
6 Rhode Island Avenue (Madaket), Assessor Map 60.3.1 Parcels 383 and
385;
17 New Hampshire Avenue (Madaket), Map 60.3.1 Parcel 400
Page 21
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
9 Sheep Pond Road (Madaket) Assessor Map 63 Parcel 24;
Clark Cove Road (Southwest Quarter), Map 64 Parcel 5
1 Huntington Street (Tom Nevers), Map 71.3.2 Parcel 314;
3 Fawcett Way (Siasconset), Map 73.1.3 Parcel 17;
10 Ocean Avenue (Siasconset), Map 73.2.4 Parcels 15 and 23;
Low Beach (Siasconset), Map 75 Parcel 22
143 E Surfside Road, Map 80 Parcel 101.6;
274 Hummock Pond Road (Cisco), Assessor Map 83 Parcel 48;
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to authorize the Board of Selectmen to
acquire by purchase, gift or eminent domain, the fee or lesser interests in the following
parcels of land for public ways, open space and/or general municipal purposes:
6 Rhode Island Avenue (Madaket), Assessor Map 60.3.1 Parcels 383 and
385;
17 New Hampshire Avenue (Madaket), Map 60.3.1 Parcel 400
9 Sheep Pond Road (Madaket) Assessor Map 63 Parcel 24;
Clark Cove Road (Southwest Quarter), Map 64 Parcel 5
1 Huntington Street (Tom Nevers), Map 71.3.2 Parcel 314;
3 Fawcett Way (Siasconset), Map 73.1.3 Parcel 17;
10 Ocean Avenue (Siasconset), Map 73.2.4 Parcels 15 and 23;
Low Beach (Siasconset), Map 75 Parcel 22
143 E Surfside Road, Map 80 Parcel 101.6;
274 Hummock Pond Road (Cisco), Assessor Map 83 Parcel 48.
Quantum of vote required for passage of this motion is a majority vote
Page 22
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
ARTICLE 21
(Real Estate Conveyance: Various Parcels)
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 land
identified below 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, or (2) convey, sell or otherwise dispose of the fee or any lesser
interests of any portion of the land identified below 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; and
(3) for such parcels as the Board of Selectmen determines by vote to be not needed for
conveyance, to dedicate all or any portion of the land identified below for open space
and recreational purposes:
6 Rhode Island Avenue (Madaket), Assessor Map 60.3.1 Parcels 383 and
385;
17 New Hampshire Avenue (Madaket), Map 60.3.1 Parcel 400
9 Sheep Pond Road (Madaket), Assessor Map 63 Parcel 24;
Clark Cove Road (Southwest Quarter), Map 64 Parcel 5
1 Huntington Street (Tom Nevers), Map 71.3.2 Parcel 314;
3 Fawcett Way (Siasconset), Map 73.1.3 Parcel 17;
10 Ocean Avenue (Siasconset), Map 73.2.4 Parcels 15 and 23;
Low Beach (Siasconset), Map 75 Parcel 22
143 E Surfside Road, Map 80 Parcel 101.6;
274 Hummock Pond Road (Cisco), Assessor Map 83 Parcel 48;
Or to take any other action related thereto.
(Board of Selectmen)
FINANCE COMMITTEE MOTION: Moved to authorize the Board of Selectmen to take
the following actions:
1. To (1) sell, convey or otherwise dispose of the fee or lesser interests of all or any
portion of the land identified below pursuant to Chapter 30B of the
Massachusetts General Laws, or (2) convey, sell or otherwise dispose of the fee
or any lesser interests of any portion of the land identified below 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
Page 23
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
Page 24
Town of Nantucket October 22, 2012 Special Town Meeting Warrant with Finance Committee Motions
easements and restrictions; and (3) for such parcels as the Board of Selectmen
determines by vote to be not needed for conveyance, to dedicate all or any
portion of the land identified below for open space and recreational purposes:
6 Rhode Island Avenue (Madaket), Assessor Map 60.3.1 Parcels 383 and
385;
1 Huntington Street (Tom Nevers), Map 71.3.2 Parcel 314;
10 Ocean Avenue (Siasconset), Map 73.2.4 Parcels 15 and 23, provided
that the Town retains beach and coastal access areas;
2. To convey, sell or otherwise dispose of the fee or any lesser interests of any
portion of the land identified below 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; or
if the Board of Selectmen determines by vote to be not needed for conveyance,
to dedicate all or any portion of the land identified below for open space and
recreational purposes:
9 Sheep Pond Road (Madaket), Assessor Map 63 Parcel 24, provided that
the Town retains a One Big Beach easement in the event that it is
conveyed;
Clark Cove Road (Southwest Quarter), Map 64 Parcel 5;
3 Fawcett Way (Siasconset), Map 73.1.3 Parcel 17, provided that the
Town retains a One Big Beach easement in the event that it is conveyed;
Low Beach (Siasconset), Map 75 Parcel 22, provided that the Town
retains a One Big Beach easement in the event that it is conveyed;
274 Hummock Pond Road (Cisco), Assessor Map 83 Parcel 48, provided
that the Town retains a One Big Beach easement in the event that it is
conveyed;
3. To sell, convey or otherwise dispose of the fee or lesser interests of all or any
portion of the land identified below pursuant to Chapter 30B of the
Massachusetts General Laws:
17 New Hampshire Avenue (Madaket), Map 60.3.1 Parcel 400;
143 E Surfside Road, Map 80 Parcel 101.6.
Quantum of vote required for passage of this motion is a majority vote
MAYHEW L
N
WOODBURY LN
MEADOW LN
NEW LNBARNABAS LNR-40
R-40
R-20
R-1
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
August, 2012
2012 Special
Town Meeting
Warrant Article 6
Legend
R-20 to R-1
Buildings
Parcel Lines
1 inch equals 39 feet
Zoning Map Change: Meadow Lane
R-20 to R-1
SUN IS
L
A
N
D
R
D
ARROWHEAD DRRC-2
CI
CI
LUG-3
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
August, 2012
2012 Special
Town Meeting
Warrant Article 7
Legend
RC-2 to CI
Buildings
Parcel Lines
1 inch equals 50 feet
Zoning Map Change: Industrial Land
Arrowhead Drive, Sun Island,
and Hinsdale Roads
SANKATY RDBAXTER RDISOBELS WY
ISOBELS WY
BEECHCROFT WY
SANKATY RDANNS LNANNS LNELDRIDGE 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
August, 2012
2012 Special
Town Meeting
Warrant Article 9
Legend
Article 9
Buildings
Parcel Lines
1 inch equals 75 feet
Bylaw Amendment:
Board of Sewer Commissioners
Sewer District Map Changes
N STAR LNSHADY LNHAMBLIN HIGC L I F F R D
DERRYMORE RDKINGS WYPILGRIM RDDELANEY RDPAUL JONES RD
KINGS WY
DARTMOUTH
L
N
DERRY LNDARTMOUTH LN
DERRYMORE RD
D E R R Y M O R E R D
PILGRIM 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
August, 2012
2012 Special
Town Meeting
Warrant Article 10
Legend
Article 10
Buildings
Parcel Lines
1 inch equals 50 feet
Bylaw Amendment:
Board of Sewer Commissioners
Sewer District Map Changes
N
G M
I
L
L
R
D
FULLING MILL RDSHAWKEMO RD
WINGSPREAD LN
FULLI
NG MI
LL RDSHAWKEMO RDCHAD
WI
C
K
C
T
POLPI S
HILLTOP RDPOLPI
S
R
D
D
R FULLING
M
ILL
RDRABBIT RUNTOP GALE LNRABBIT RUN RDSHAWKEMO RDRABBIT
RUN
RD
R
R
D CONSERVATION AVSHAWKEMO RDG
A
R
D
N
E
R
R
D
N PAS
T
U
R
E
L
N
XTWAY
WAY
W
A
Y
WAY
WAYData 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
August, 2012
2012 Special
Town Meeting
Warrant Articles 12+13
Map 1
Legend
Articles 12+13
Buildings
Parcel Lines
1 inch equals 220 feet
Real Estate Acquisition/Conveyance:
Various "Paper" Streets
SETTS AVD STNEW JERSEY AVC
S
T
B
A
L
T
I
MORE
S
T
AM
E
S
A
V
A M P S H I R E A V
M AIN E AVA S
T
C
S
TCALIFORNIA AVWAS
HI
N
GT
O
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A
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NE
W
J
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RS
E
Y
A
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MORE STMAIN
E
AV
M A D A K E T R D
AM
E
S
A
V
CALIF
O
R
NIA AVALABAM A AVB
A
L
T
I
MORM A D A K E T R D
MACY
R
D
CHI
CAGO STCHICAGO
S
T
AA VData 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
August, 2012
2012 Special
Town Meeting
Warrant Articles 12+13
Map 2
Legend
Articles 12+13
Buildings
Parcel Lines
1 inch equals 75 feet
Real Estate Acquisition/Conveyance:
Various "Paper" Streets
MASAQUET AV
WOOB
O
U
LE
MASAQUET AV PEQUOTC H I CK AV
WOODBINE STHIC K A V POCHICK AV
POCHICK AV
POCHICKI AV
POCHICK
PLUM STNAUSHON WYHOLLY STWOODBINE STWEWEEDER AV
WEWEEDER AV PEQUOT STSURFSIDE RDPLUM STUNCATENA STN O B A D E ER AV
NOBADEER AV
NOBADEER AV
NAUSHON WYPLUM STN ONANTUM AV WOODBINE STPEQUOT STAURIGA STNONANTUM AV
UNCATENA STNON MYLES STANDISH STAR STDData 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
August, 2012
2012 Special
Town Meeting
Warrant Articles 12+13
Map 3
Legend
Articles 12+13
Buildings
Parcel Lines
1 inch equals 97 feet
Real Estate Acquisition/Conveyance:
Various "Paper" Streets
IPHUNTINGTGLOUCESTER ARLINGTON STFAIRFIELD STEXETER STCUM
B
E
R
L
A
N
D
A
V
DARTMOUTH STCLARENDON STBERKELEY STHUNTINGTON STCUM
B
E
R
L
A
N
D
A
V
GLOUCESTER STEXETER STMOUTH STN 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
August, 2012
2012 Special
Town Meeting
Warrant Articles 12+13
Map 4
Legend
Articles 12+13
Buildings
Parcel Lines
1 inch equals 50 feet
Real Estate Acquisition/Conveyance:
Various "Paper" Streets
MADEQUECHAM VLY RD
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 2003 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2008.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
2 Fairgrounds Road
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
August, 2012
2012 Special
Town Meeting
Warrant Articles 12+13
Map 5
Legend
Articles 12+13
Buildings
Parcel Lines
1 inch equals 75 feet
Real Estate Acquisition/Conveyance:
Various "Paper" Streets
SQUAM RDSESACHAQUIDNET
R
D
Data Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 2003 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2008.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
2 Fairgrounds Road
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
August, 2012
2012 Special
Town Meeting
Warrant Articles 12+13
Map 6
Legend
Articles 12+13
Buildings
Parcel Lines
1 inch equals 57 feet
Real Estate Acquisition/Conveyance:
Various "Paper" Streets
WY
AUSTINE LOCKE WYISHEL
L
E
R
W
Y
AHAB DRWESTERWYCK WHEL LDAVIS LNWALBANG AVWALL STWESTERWYCK WYCARO
L
I
N
E
W
Y
CUDWEED RDWALBANG AVPROPRIETORS WYWAYWAYWAYW
T
SAC
C
A
C
H
A
A
V
S MIA
C
O
M
E
T
A
V
ATTA
P
O
I
S
E
T
T
A
V
RION
A
V
ALMO
U
T
H
A
V
TRINI
T
Y
A
V
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
August, 2012
2012 Special
Town Meeting
Warrant Article 14
Legend
Article 14
Buildings
Parcel Lines
1 inch equals 128 feet
Real Estate Conveyance: Land Bank
Moorland Management
District Property
B E A R S TE CREEK RDDAVES STSANFO
R
D
R
D
ORANG
E
S
T
P
L
E
A
S
A
N
T S
T CHINS W YW CREEK RD
SP
MADISON C T
F
R
E
E
D
OM
S
Q
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
August, 2012
2012 Special
Town Meeting
Warrant Article 15
Legend
Article 15
Buildings
Parcel Lines
1 inch equals 50 feet
Real Estate Conveyance:
11 Dave Street
W SANKATY RDLINCOLN SIAS STNEW SIANEW S IA S S T
UNKER HILL RDSANKATY 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
August, 2012
2012 Special
Town Meeting
Warrant Article 16
Legend
Article 16
Buildings
Parcel Lines
1 inch equals 31 feet
Real Estate Conveyance:
33 New Street
SPARKS AV DAVESSANFO
R
D
R
D
P
L
E
A
S
A
N
T S
T CHINS W YW CREEK RD
SPARKS AV
S LNRM RDCOW POND LNData Sources:
The planimetric data on this mapsheet is based primarily
upon interpretation of April, 2003 aerial photography.
It was compiled to meet the ASPRS Standard for Class I
Map Accuracy for 1"=100’ scale maps.
The parcel boundaries are based primarily upon
the Tax Assessor’s data through December, 2008.
Nantucket governmental agencies will not necessarily approve
applications based soley on GIS data. Applicants for permits and
licenses must inquire of the relevant agency for applicable requiements.
The presence of information of this mapsheet does not necessarily imply
public right-of-way or the right of public access.
Please send identification of any errors
and corresponding corrections to:
GIS Coordinator
Town of Nantucket
2 Fairgrounds Road
Nantucket, MA 02554
The data on this mapsheet represents the efforts of the
Town of Nantucket and other cooperating organizations
to record and compile pertinent geographical and related
information utilizing the capabilities of the Nantucket Geographic
Information System (GIS). The GIS staff maintains an ongoing
program to record and correct errors in these data that are brought
to its attention. The Town of Nantucket makes no claims as to the
absolute validity or reliability of these data or their fitness for any
particular use.
Town of Nantucket - GIS Mapsheet
August, 2012
2012 Special
Town Meeting
Warrant Articles
17, 18, & 19
Legend
Articles 17, 18, & 19
Acquisition
Acquisition + Conveyance
Buildings
Parcel Lines
1 inch equals 50 feet
Real Estate Acquisition/Conveyance:
William Coffin setoff property
40, 42, and 44 Sparks Avenue
MISSI
S
SI
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R
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STARBUCK RDR IDA AV MAIN
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CALIF
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NIA AVALABAMA AVSTARBUCK RDSTARB
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WAY
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PLA
INS
RD
MINNE
S
O
T
A
A
V
I
S
T
H S
T
G STS CAMBRIDGE STF STE STD S
T
C S
T
MAINE A
V
A S
T
MIDLAND
A
V
WAS
HI
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GT
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MIDL
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MASS
B
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IMOR
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K
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MACY
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SHEEP
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DWAYWAYRHODE ISLAND
A
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W HAMPSHIRE
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CHICAGO
S
T
CHICAGO
S
T
HEAD
O
F
P
L
AI
N
S
R
D
B
A
L
T
IMOR
E
S
TMASSACHUSETTS 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
August, 2012
2012 Special
Town Meeting
Warrant Articles 20+21
Map 1
Legend
Articles 20+21
Buildings
Parcel Lines
1 inch equals 191 feet
Real Estate Acquisition/Conveyance:
Various Parcels
OSPREY
W
Y
HUMM
O
C
K
P
O
N
D
R
DCLARK COVE RDTAUTEM
O
W
Y
OSPREY
W
Y
MOTHBALL WY
MOTHBALL
WY
WESTETAUTEMO WYWAYWAY
SAC
C
A
C
HS MI
A
C
O
M
E
T
A
VMA
T
T
A
P
O
I
S
E
T
T
A
V
MA
R
I
O
N
A
V
FAL
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
August, 2012
2012 Special
Town Meeting
Warrant Articles 20+21
Map 2
Legend
Articles 20+21
Buildings
Parcel Lines
1 inch equals 184 feet
Real Estate Acquisition/Conveyance:
Various Parcels
POCHICK AV
WEWEEDER AV PLUM STWEWEEDER AV PEQUOTMASAQUET AV
POCHICK AV
HOLLY STPEQUOT STRFSIDE RDWOODBINE STNAUSData 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
August, 2012
2012 Special
Town Meeting
Warrant Articles 20+21
Map 3
Legend
Articles 20+21
Buildings
Parcel Lines
1 inch equals 75 feet
Real Estate Acquisition/Conveyance:
Various Parcels
COTSHIRE
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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
August, 2012
2012 Special
Town Meeting
Warrant Articles 20+21
Map 4
Legend
Articles 20+21
Buildings
Parcel Lines
1 inch equals 279 feet
Real Estate Acquisition/Conveyance:
Various Parcels
W SANJEFFERSON ST
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TCENTER SIAS STBRDWAYNEW SIAS S
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GRAND AVCOTTAGE AV
LILY SIAS ST
LAUREL AVMAGNOLIA AVEVELYN ST
LNPOCHICK ST
EVERETT LN
EY AVAVData 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
August, 2012
2012 Special
Town Meeting
Warrant Articles 20+21
Map 5
Legend
Articles 20+21
Buildings
Parcel Lines
1 inch equals 75 feet
Real Estate Acquisition/Conveyance:
Various Parcels
Town of Nantucket
Guide to October 22, 2012
Special Town Meeting Warrant Articles
Introduction
This Special Town Meeting was called by the Board of Selectmen to address current
fiscal year (Fiscal Year 2013: July 1, 2012 – June 30, 2013) budgetary issues, which
must be addressed before the Massachusetts Department of Revenue will certify the
Town’s tax rate for this fiscal year. Typically, when a special town meeting is to be
called, the Board takes into consideration any other articles that could or should be
addressed before the annual town meeting; and, citizens are provided the opportunity to
submit articles. Citizen warrant articles for special town meetings require the signatures
of 200 registered voters (vs the 10 required for annual town meetings). For this special
town meeting, there are 21 articles: 4 budgetary articles, 4 citizen-submitted articles, 3
zoning articles, and 10 real estate-related articles. This guide is meant to explain the
purpose of the articles in “layman’s terms”. The Town of Nantucket has a local
requirement that appropriations and transfers of funds at special town meetings require
quorums. Appropriations require a quorum of 5% of registered voters; transfers require
3%. For this special town meeting, those quorums are approximately 420 and 252,
respectively.
Article 1 (Appropriation: Fiscal Year 2013 Enterprise Fund Operating Budget
Amendments)
Municipalities in Massachusetts typically adopt their operating budgets for the upcoming
fiscal year at a spring town meeting. The Town of Nantucket’s Fiscal Year (FY) 2013
budgets were adopted at the 2012 Annual Town Meeting held in March, 2012. In the
fall, municipalities generally set their tax rates for the current FY, once end-of-year
revenues for the prior fiscal year, are known. Setting of the tax rate requires the Mass.
Department of Revenue’s (DOR) approval. We are currently in the process of preparing
and submitting the required documentation for the DOR. Towns are not permitted by the
DOR to increase revenue estimates for the current FY by any more than what was
received in the prior FY. Back in the spring, it became evident that a special town
meeting was likely to be needed in the fall to address the Airport budget due mostly to a
rise in debt service costs, and not enough projected revenue to cover those expenses,
plus regular operating expenses for FY 13. As end-of-year revenues for FY 12 became
fully known, there were issues with other budgets, which also require town meeting
action. The necessary actions are contained in Article 1 and can be summarized as
follows:
Airport – The Airport’s FY 13 budget is currently projected to be short by $1,060,728. As
noted above, this is mostly due to a rise in debt service costs, and not enough projected
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Town of Nantucket Guide to October 22, 2012 Special Town Meeting Warrant Articles
Page 1 of 5
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Town of Nantucket Guide to October 22, 2012 Special Town Meeting Warrant Articles
Page 2 of 5
revenue to cover those expenses, plus regular operating expenses for FY 13. The
recommended action is for the General Fund to cover that shortfall until the Airport’s
retained earnings are certified for FY 12 and can be used to “reimburse” the General
Fund at the 2013 Annual Town Meeting. With the controls and oversight that have been
put into place for the Airport budget in the last year, additional use of the General Fund
for Airport expenses is not expected. A plan will be developed in advance of the 2013
Annual Town Meeting for reimbursement to the General Fund by the Airport for all
General Fund transfers from the 2012 Annual Town Meeting and the October 22, 2012
Special Town Meeting.
Sewer – The Sewer Enterprise Fund took in less revenue than projected in FY 12 by
just over $500,000. This means, per the DOR requirements, that we must decrease
expenses for FY 13 since we cannot increase our FY 13 revenue projection by more
than what was taken in for FY 12. Sewer retained earnings, however, are expected to
be in excess of $500,000 and this budget will need to be adjusted again after retained
earnings are certified, at the 2013 Annual Town Meeting. The action is here is
essentially a temporary decrease in expenses until the Annual Town Meeting.
Sconset Water – Sconset Water’s revenues came in higher than what was projected for
FY 12. The action for this budget is to adjust it so that the additional revenue is added to
the budget; however, that does not necessarily mean it must be spent.
Solid Waste – Solid Waste revenues came in higher than what was projected for FY 12.
The action for this budget is to adjust it so that the additional revenue is added to the
budget; however, that does not necessarily mean it must be spent. It will be put into a
reserve account.
Wannacomet Water – Wannacomet Water took in less revenue than projected in FY 12
by approximately $269,000. This means, per the DOR requirements, that we must
decrease expenses for FY 13 since we cannot increase our FY 13 revenue projection
by more than what was taken in for FY 12. Wannacomet retained earnings, however,
are expected to be well in excess of $269,000 and this budget will need to be adjusted
again after retained earnings are certified, at the 2013 Annual Town Meeting. The action
is here is essentially a temporary decrease in expenses until the Annual Town Meeting.
Our Island Home – Our Island Home’s revenues came in higher than what was
projected for FY 12 (in large part due to a federal payment for the years 2009 and 2010;
which may or may not continue annually) accordingly, the budget needs to be adjusted.
Article 2 (Appropriation: Fiscal Year 2013 Enterprise Fund Capital Expenditure
Amendments)
There are several current capital projects that require Town Meeting action to address.
Airport – the General Aviation (GA) Building project requires additional funds to
complete. The funds are available to be transferred from other Airport capital projects
which have either been completed, or are not proceeding at this time. The only other
Airport project that requires town meeting action at this time is Airport parking lot
improvements and again, those funds are available for transfer from a different project.
_______________________________________________________________________
Town of Nantucket Guide to October 22, 2012 Special Town Meeting Warrant Articles
Page 3 of 5
Sewer – Upon further review once the warrant article motions had been published, this
item does not require Town Meeting approval and is to be removed through Technical
Amendments at the beginning of the Meeting.
Sconset Water – The Low Beach Water Main capital project has been completed and
unused funding is available for transfer to the project shown in the Motion.
Wannacomet Water – This item relates to the Town’s Phase IIB Downtown Sewer
Rehabilitation project and water line and distribution system improvements that will be
completed simultaneously. The water system related work was larger in scope than
originally anticipated and Wannacomet requires additional funding in order to complete
the work. This item is seeking Town Meeting approval for additional borrowing.
Article 3 (Appropriation: Fiscal Year 2013 General Fund Operating Budget
Amendments)
At the 2012 Annual Town Meeting and subsequent Annual Town Election, $3.2 million
was approved and appropriated for construction of the Hummock Pond Road bicycle
path. The debt service amount for FY 2013 was not known at the time of the Town
Meeting and election action. It is known now and this action will amend the General
Fund budget accordingly.
Article 4 (Appropriation: Prior Year Articles)
The project that funding is being transferred from, is complete with a small amount left
over. This action will transfer those funds to the Phase IIB Downtown Sewer
Rehabilitation project that will be starting this fall/winter.
Article 5 (Appropriation: Madaket Landfill Wind Turbine/Gookin)
This is a citizen submittal. It is not being recommended by the Finance Committee or
the Board of Selectmen and it does not have an amount included. An appropriation
would likely require voter approval of a debt exclusion override at a special election.
Article 6 (Zoning Map Change: Meadow Lane R-20 to R-1)
This zoning article was submitted by the Planning Board at the request of the affected
property owners. It affects two undersized lots and a detailed explanation is provided in
the Planning Board Comment.
Article 7 (Zoning Map Change Industrial Land: Arrowhead Drive, Sun Island and
Hinsdale Roads)
This zoning article was submitted by the Planning Board at the request of the property
owner but is not being recommended and will be resubmitted at later date after further
study.
Article 8 (Zoning Bylaw Amendment: Zoning Enforcement Officer)
This article was prepared and submitted by the Planning Board at the request of Town
Administration. The Planning Board Comment provides the explanation for the Article.
Article 9 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map
Changes - Sconset/Manning)
This is a citizen submittal. It was initially not recommended by the Finance Committee
due to the failure of the parcels to be included in an expansion of the Sconset Sewer
_______________________________________________________________________
Town of Nantucket Guide to October 22, 2012 Special Town Meeting Warrant Articles
Page 4 of 5
District to meet with criteria established for such inclusion. Following the issuance of the
Finance Committee motions, the Board of Selectmen held the required public hearing
for Sewer District amendments and voted to support the Article. A positive motion is
expected to be presented to Town Meeting.
Article 10 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District
Map Changes – Town/Barada)
This is a citizen submittal. It was initially not recommended by the Finance Committee
due to the failure of the parcels to be included in an expansion of the Town Sewer
District to meet with criteria established for such inclusion. Following the issuance of the
Finance Committee motions, the Board of Selectmen held the required public hearing
for Sewer District amendments and voted to support the Article. A positive motion is
expected to be presented to Town Meeting.
Article 11 (Home Rule Petition: Amend Historic District Commission Act/Barham)
This is a citizen submittal. It is a rewrite of several sections of the HDC Act to allow for
an expansion of HDC oversight.
Article 12 (Real Estate Acquisition: Various “Paper” Streets)
This article was prepared for the Board of Selectmen by Planning consistent with past
articles examining unnecessary and unconstructed streets and roads throughout the
Island. Nine such “paper roads” are identified in Polpis, Madaket, Surfside, Tom Nevers
and Quidnet/Squam. This article permits the Board of Selectmen to acquire the land
comprising these roads.
Article 13 (Real Estate Conveyance: Various “Paper” Streets)
This article was prepared for the Board of Selectmen by Planning consistent with past
articles examining unnecessary and unconstructed streets and roads throughout the
Island. This article permits the Board of Selectmen to convey most of the land of these
former roads to abutters through the successful “yard sale” program and to retain all or
key portions of others for open space, coastal access and recreational purposes,
subject to any easements or restrictions the Board may impose.
Article 14 (Real Estate Conveyance: Conveyance of Moorland Management
District Property from County to Town)
This article implements the longstanding policy of conveying land held by the County to
the Town. This policy was implemented to ensure local control of resources in the event
that the County is abolished through state action, which would result in the transfer of
this land to the state. The 43 acre property was acquired by the County in 1959 and
because of an oversight, was not included with other parcels transferred in the mid and
late 1990s.
Article 15 (Real Estate Conveyance: 17 Dave’s Street)
The parcel in this article was a portion of the former railroad bed acquired for
construction of a sewer line in 1928. The article allows the transfer of this small parcel to
the Board of Selectmen so that it may be disposed of, subject to the retention of sewer
and pedestrian easements; and become part of an overall redevelopment of an
adjacent sit. The immediate area will benefit from new landscaping, better management
and integrated connections among businesses as envisioned by the Mid-Island Area
Plan.
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Town of Nantucket Guide to October 22, 2012 Special Town Meeting Warrant Articles
Page 5 of 5
Article 16 (Real Estate Conveyance: 33 New Street, Sconset)
Sconset Water requested this Article. The explanation is contained in a Finance
Committee Comment to the Motion.
Article 17 (Real Estate Acquisition: William Coffin Setoff Property/44 Sparks
Avenue)
This article authorizes the Board of Selectmen to acquire a portion of land adjacent to
the Newtown Cemetery for expansion purposes. The Cemetery Commission is studying
this cemetery now and the proposed parcel was identified for such purposes over fifteen
years ago.
Article 18 and 19 (Real Estate Acquisition: 40 and 42 Sparks Avenue)
This article authorizes the Board of Selectmen to acquire a portion of land for municipal
or cemetery expansion purposes (Article 18) and for open space purposes (Article 19).
The subject land has long been discussed for a variety of purposes and has been the
subject of significant debate at past Town Meetings. Unlike the consensus around
Article 17, both articles have negative Motions by the Finance Committee, to allow for
debate about the long-term use of the land at an Annual Town Meeting.
Article 20 (Real Estate Acquisition: Various Parcels)
This article was prepared for the Board of Selectmen by Planning in consultation with
the Finance Department. The ten parcels are remnants of land with unknown owners
and significant tax arrearage and/or land subject to erosion which has lost value. The
Board of Selectmen would be authorized to acquire this land to end compounding
financial liability and to resolve ownership.
Article 21 (Real Estate Conveyance: Various Parcels)
This article was prepared for the Board of Selectmen by Planning, authorizing the Board
of Selectmen to preserve the majority of the land identified in Article 20 for open space,
coastal access and recreational purposes and convey the other land to recoup a portion
of lost revenue otherwise owed to the Town.
TERMS
Free Cash
Free Cash is a combination of unexpended funds and the receipt of more revenue than
budgeted in a FY, less any other funding obligations. Free cash is certified annually by
the Mass. Department of Revenue and cannot be spent without a vote of Town Meeting.
Retained Earnings
Retained earnings are to Enterprise Funds what Free Cash is to the General Fund. It is
a combination of unexpended funds and the receipt of more revenue than budgeted,
less any other funding obligations. Retained earnings are certified annually by the Mass.
Department of Revenue and cannot be spent without a vote of Town Meeting.
Prepared by: Town Administration
Technical Amendments to Finance Committee Motions
for October 22, 2012 STM
As of 10/18/12 – 12:30 pm
ARTICLE 2 (FY 2013 Enterprise Fund Capital Expenditure Amendments)
AMEND the FINANCE COMMITTEE MOTION so as to remove the Sewer item
ARTICLE 9 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map
Changes)
POSITIVE MOTION FROM FINANCE COMMITTEE
ARTICLE 10 (Bylaw Amendment: Board of Sewer Commissioners/Sewer District Map
Changes)
POSITIVE MOTION FROM FINANCE COMMITTEE
ARTICLE 9
(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 41-3B (Siasconset Sewer District) of the Code of the Town of
Nantucket by adding the following parcels to the Siasconset Sewer District:
Map Lot Number Street
49 83 79 Sankaty Rd
49 112 76 Sankaty Rd
49 114 80 Sankaty Rd
(Joseph Manning, et al)
FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer
Commissioners), Section 41-3B (Siasconset Sewer District) of the Code of the Town of
Nantucket be amended by adding the following parcels to the Siasconset Sewer District:
Map Lot Number Street
49 83 79 Sankaty Rd
49 112 76 Sankaty Rd
49 114 80 Sankaty Rd
MAJORITY VOTE
ARTICLE 10
(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 parcel to the Town Sewer District:
Map Parcel Street
Number Street
30 71 78 CLIFF RD
41 105 1 DERRY LANE
41 103 28 DERRYMORE RD
41 17 34 DERRYMORE RD
41 18 36 DERRYMORE RD
30 72 38 DERRYMORE RD
30 72 38 DERRYMORE RD
All as shown on a map entitled “2012 Special Town Meeting Warrant Article #__” dated
August 2012 and filed herewith at the Office of the Town Clerk. Or to take any other
action related thereto.
(Thomas Barada, et al)
FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer
Commissioners), Section 41-3A (Town Sewer District) of the Code of the Town of
Nantucket be amended by adding the following parcels to the Town Sewer District:
Map Parcel Street
Number Street
30 71 78 CLIFF RD
41 105 1 DERRY LANE
41 103 28 DERRYMORE RD
41 17 34 DERRYMORE RD
41 18 36 DERRYMORE RD
30 72 38 DERRYMORE RD
30 72 38 DERRYMORE RD
MAJORITY VOTE
Barbara Gookin • P. O. Box 492 • Nantucket, MA 02554 • 508-325-6489
ARTICLE 5 Special Town Meeting Oct 2012
POSITIVE MOTION: Moved that Six Hundred Twenty Thousand
Dollars ($620,000) be appropriated for professional services for
design, permitting, construction supervision, engineering services and
other related professional services, and for construction of a
community scale wind turbine similar in size and specifications to the
Nantucket High School wind turbine, to be located at the Madaket
Landfill, with all such expenditures to be made by the Town Manager
with the approval of the Board of Selectmen; that to meet this
appropriation the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow Six Hundred Twenty Thousand
Dollars ($620,000) under G.L. chapter 44 or any other enabling
authority; provided, however, that the amount authorized to be
borrowed shall be reduced by the amount of any gifts or grants
received by the Town for this project, and provided, further, that this
vote shall not take effect until the Town votes by ballot on a
referendum question to exempt from the limitations on total taxes
imposed by Proposition 2½, so-called, amounts required to pay the
principal of and interest on the borrowing authorized by this vote
pursuant to G.L. chapter 59, s. 21C(k).
Motion:
Moved that the General Court of the Commonwealth be hereby petitioned on behalf of the inhabitants of the town of
Nantucket for enactment of a Home Rule special act as set forth below to amend the Nantucket Historic District Act;
and that the Town’s representatives to the General Court be hereby requested to introduce a Special Act set forth
below; and further that the General Court, with approval by the Nantucket Historic District Commission, be
authorized to make constructive changes in language as may be necessary or advisable towards perfecting the intent
of this legislation in order to secure passage, as follows:
AN ACT TO AMEND THE NANTUCKET HISTORIC DISTRICT ACT
SECTION 1. The purpose of this Act is to establish the authority of the Nantucket Historic District Commission
to preserve places of historic interest, including without limitation, historic brick paved streets and ways in the town,
to address contemporary concerns of the public learned from recent court decisions, and otherwise to further
modernize a forty two year old statute used currently to define the role of the Nantucket Historic District
Commission.
SECTION 2. Chapter 395 of the Acts of 1970 entitled “An Act establishing an Historic District Commission for
the Town of Nantucket and Establishing Nantucket Island as the Historic District,” as amended by chapter 708 of
the acts of 1972, chapter 300 of the acts of 1984, chapter 291 of the acts of 1985, chapter 735 of the acts of 1987,
chapter 333 of the acts of 1989, chapter 314 of the acts of 1990, chapter 193 of the acts of 1998, chapter 57 of the
acts of 2000, chapter 90 of the acts of 2002 and chapter 8 of the acts of 2010 (collectively hereinafter referred to as
the “Act”), is hereby amended as set forth in this act.
SECTION 3. Section 2A of the Act is hereby amended to add the definition of “Historic place” after the
definition of “Exterior architectural features” and before the definition of “Razed”, as follows:
“Historic place” is a location or property, with or without the presence of buildings or structures or other
improvements thereon, meeting the following standards: any site or portion thereof having historical significance,
including but not limited to, historic streetscapes and unique Nantucket historical settings such as cobblestone
roadways, or brick paved historic ways, places where historic events occurred such as historical settlements, ruins,
or location of historic cultural or governmental organized ceremonies, or any place determined by the voters of the
town in town meeting assembled by adoption of a bylaw, to be significant in the history, archaeology, architecture or
culture of Nantucket; and provided further that a location or property shall be deemed to constitute a “historic place”
pursuant to this section only after: (1) an article is presented for inclusion on the warrant for an annual or special
town meeting of the town of Nantucket to consider the adoption of a proposed bylaw designating a particular
location or property an historic place under this Act, and (2) approval by town meeting by a simple majority vote of
said bylaw with the designation of such location or property as an historic place. No bylaw designating a property
or location, or any portions thereof, so designated and voted an historic place shall cease to be designated an historic
place without a two-thirds majority vote by Town Meeting, to repeal such bylaw, in which case such bylaw shall
operate to eliminate the designation of any property or location, or any portions thereof, from being an historic place
pursuant to this section.
SECTION 4. Section 2A of the Act is hereby further amended by adding a new sentence to the definition of
“Structure” after the existing sentence, as follows: “Only within the Old Historic District and the Siasconset Old
Historic District, as defined by reference to maps delineating those districts entitled Town of Nantucket - GIS
Mapsheet entitled “Historic Districts” and maintained for public inspection in the offices of the Commission and the
town clerk of the town of Nantucket, the words walk and driveway in the foregoing sentence shall be liberally
construed and shall include but not be limited to the curbing, the curb cut at the intersection or crossing of any walk
or driveway and the nearest access way, the sidewalk, if any, to be crossed by a walk or driveway, fencing openings,
gates, aprons, berms and configuration, grading and improvement of any ways to accommodate same, whether or
not located on any property owned or maintained privately or owned or maintained by the town of Nantucket, the
county of Nantucket, any political subdivision of the commonwealth of Massachusetts or public agency."
SECTION 5. The Act is further amended by adding new Section 3A to read as follows:
SECTION 3A. Notwithstanding any other law to the contrary, the Commission
is authorized to establish rules for the imposition of reasonable fees for the
employment of outside consultants and to deposit such fees in a special account,
which account shall be maintained and used in accordance with the provisions of
chapter 44, section 53G of the general laws, provided however that this sentence
shall apply only to applications related to (a) all buildings, structures and
historic places located within the Old Historic District and the Siasconset Old
Historic District, as defined by reference to maps delineating those districts
entitled Town of Nantucket - GIS Map sheet entitled “Historic Districts” and
maintained for public inspection in the offices of the Commission and the town
clerk, and (b) all buildings, structures and historic places located anywhere in
the town of Nantucket outside such districts, provided all such buildings,
structures and historic places so located outside such districts are not exclusively
residences.
SECTION 6. The Act is further amended by adding new Section 9 1/2 to read as follows:
SECTION 9 1/2. Notwithstanding any other law to the contrary:
(a) No historic place shall be altered, wholly or partially, in any way that
alters its physical appearance without either (1) a certificate of appropriateness
issued by the Commission expressly authorizing such alteration, or (2) the
Commission has first issued a certificate of nonapplicability with respect to such
alteration. The standards and procedures of the Commission for the issuance of
certificates of appropriateness and certificates of nonapplicability as set forth in
section 9 of this Act and the rules and regulations of the Commission shall also
apply to the issuance of certificates of appropriateness and certificates of
nonapplicability for historic places pursuant to this section 9 1/2;in particular the
requirement of section 9 of this act stating "The Historic District Commission
shall not consider interior arrangement or building features not subject to public
view" shall apply to historical places.
(b) Nothing in this Act shall be construed to prevent the ordinary care,
maintenance, and/or repair of an historic place, provided such care, maintenance
or repair does not involve a change in design, material, color or outward
appearance, and provided that, where possible, historic materials are repaired,
not replaced.
(c) It shall be the responsibility of any applicant seeking a certificate of
appropriateness to alter an historic place or a certificate of non-applicability, to
provide all necessary plans, elevations and other information deemed necessary
by the Commission or reasonably requested by the Commission to evaluate a
proposed alteration.
(d) The provisions of this Act applicable to the processing of applications for
certificates of appropriateness applicable to buildings and structures shall also
apply to applications for alteration of an historic place.
(e) It shall be a violation of this Act for any person to alter an historic place
without obtaining either a certificate of appropriateness or a certificate of
nonapplicability from the Commission, or otherwise to destroy, deface, burn,
topple, mar with graffiti, damage, spoil, encroach upon, or injure an historic
place.
SECTION 7. Section 11 of the Act is hereby amended by adding after the last sentence the following new
sentence: “Notwithstanding any other law to the contrary, the Commission is authorized to appoint special legal
counsel of its choosing, separate from town counsel, to assist the Commission in connection with any such appeal
before the Board of Selectmen. The services of such special legal counsel shall be paid for in the same manner and
from the same source as town counsel"
SECTION 8. Section 12 of the Act is hereby amended by adding after the last sentence the following new
sentence: “Notwithstanding any other law to the contrary, the Commission is authorized to appoint special legal
counsel of its choosing, separate from town counsel, to assist the Commission in connection with any such appeal it
may so file in Superior Court as an aggrieved party from a decision by the Board of Selectmen or in any appeal filed
by any other party, including appeals from decisions of Superior Court to higher courts of the commonwealth of
Massachusetts. The services of such special legal counsel shall be paid for in the same manner and from the same
source as town counsel,"
SECTION 9. This act shall take effect upon its passage.