Loading...
HomeMy WebLinkAbout04022013 Town Meeting AgendaCOMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET WARRANT FOR 2013 ANNUAL TOWN MEETING Nantucket High School Mary P. Walker Auditorium Tuesday, April 2, 2013 – 6:00 PM AND ANNUAL TOWN ELECTION Nantucket High School Tuesday, April 9, 2013 7:00 AM – 8:00 PM Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7255 www.nantucket-ma.gov Page 1 Town of Nantucket 2013 Annual Town Meeting and Election Warrant To the Constables of the Town of Nantucket: GREETING: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Nantucket qualified to vote in Town affairs, to meet and assemble themselves at the Nantucket High School Auditorium at 10 Surfside Road in said Nantucket, on TUESDAY, APRIL 2, 2013 AT 6:00 PM, THEN AND THERE TO ACT ON THE ARTICLES CONTAINED WITH THE ENCLOSED WARRANT: ARTICLE 1 (Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2012 Annual Town Report or as may come before this meeting; or to take any other action related thereto. (Board of Selectmen) ARTICLE 2 (Appropriation: Unpaid Bills) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds for the payment, pursuant to Chapter 44 section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years, including any bills now on overdraft; or to take any other action related thereto. (Board of Selectmen) ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years; or to take any other action related thereto. (Board of Selectmen) ARTICLE 4 (Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws for Fiscal Year 2014; or to take any other action related thereto. (Board of Selectmen) Page 2 Town of Nantucket 2013 Annual Town Meeting and Election Warrant ARTICLE 5 (Appropriation: Reserve Fund) To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund pursuant to Chapter 40 section 6 of the Massachusetts General Laws, to provide for the extraordinary and unforeseen expenditures which may arise during Fiscal Year 2014; said sum not to exceed five (5) percent of the Fiscal Year 2013 tax levy; or to take any other action related thereto. (Board of Selectmen) ARTICLE 6 (Fiscal Year 2013 General Fund Budget Transfers) To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2013 General Fund operating budget from other line items of said budget and from other available funds; or to take any other action related thereto. (Board of Selectmen) ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2014) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2014: Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building Inspector, Assistant (hourly) 30.00 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Dietician/Our Island Home (hourly) 39.00 Election Warden (hourly) 20.00 Election Worker (hourly) 15.00 EMT, Call (per hour) 15.00 Fire Captain, Call (yearly) 150.00 Fire Fighter, Call (per hour) 15.00 Fire Lieutenant, Call (yearly) 125.00 Fire Chief, Second Deputy (yearly) 5,000.00 Fire Chief, Third Deputy (yearly) 5,000.00 Licensed Practical Nurse/Our Island Home (Per Diem – hourly) 25.00 Mooring Enforcement Officer (hourly) 30.00 Plumbing Inspector, Assistant (hourly) 30.00 Registered Nurse/Our Island Home (Per Diem – hourly) 35.00 Registrar of Voters (yearly) 600.00 Registrar, Temporary Assistant (hourly) 10.00 Senior Adult Day Care Aide (Per Diem – hourly) 18.76 Temporary Employee various rates Page 3 Town of Nantucket 2013 Annual Town Meeting and Election Warrant of pay Wiring Inspector, Assistant (hourly) 30.00 Veterans' Agent (hourly) 15.00 Schedule B -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2013- April 14, 2014) Compensation Second Third Fourth Level Start Season Season Season A-Hourly* $14.00 $15.00 $16.00 $17.00 B-Hourly* $14.50 $15.50 $16.50 $17.50 C-Hourly* $15.50 $16.50 $17.50 $18.50 D-Hourly* $16.00 $17.00 $18.00 $19.00 E-Hourly* $18.00 $18.50 $19.00 $19.50 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Tennis Attendant, Information Aide, Matron B: Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer C: Endangered Species Monitor Supervisor, Dock Worker, Marine Research Technician D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal Laborer, Pump-out Boat Operator E. Lifeguard Supervisor, Seasonal Assistant Harbormaster, Seasonal Maintenance Supervisor (Public Works), Tennis Instructor, Seasonal Recreation Coordinator, Reserve Police Officer Schedule C -- Compensation Schedule for Elected Officials* Moderator $175 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $89,530 $90,570 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 8 (Appropriation: Fiscal Year 2014 General Fund Operating Budget) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of Page 4 Town of Nantucket 2013 Annual Town Meeting and Election Warrant supporting the offices, departments, boards and commissions of the Town of Nantucket for Fiscal Year 2014; or to take any other action related thereto. (Board of Selectmen) ARTICLE 9 (Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the Council for Human Services to be used by the Council to contract with various health and human services, not-for-profit corporations to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that grant agreements be executed by and between the Board of Selectmen and the respective private, not-for-profit agency for Fiscal Year 2014, which grant agreements shall stipulate mutually agreed upon terms and conditions; or to take any other action related thereto. (Board of Selectmen) ARTICLE 10 (Appropriation: General Fund Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for Fiscal Year 2014 for the offices, departments, boards and commissions of the Town of Nantucket; or to take any other action related thereto. (Board of Selectmen) ARTICLE 11 (Appropriation: Enterprise Funds Operations) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the operation of the Enterprise Funds of the Town of Nantucket for Fiscal Year 2014, out of anticipated revenues of the designated funds, for the purposes set forth above; or to take any other action related thereto. (Board of Selectmen for the Various Departments Indicated) ARTICLE 12 (Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of capital expenditures in Fiscal Year 2014 for the Enterprise Funds established under the jurisdiction of the Town of Nantucket; or to take any other action related thereto. (Board of Selectmen for the Various Departments Indicated) Page 5 Town of Nantucket 2013 Annual Town Meeting and Election Warrant ARTICLE 13 (Enterprise Funds: Fiscal Year 2013 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2013 Enterprise Fund operating budgets from other line items of said budgets and/or from Enterprise Surplus Reserve Funds; or to take any other action related thereto. (Board of Selectmen) ARTICLE 14 (Appropriation: Waterways Improvement Fund) To see what sum the Town will vote to appropriate from the revenue received under Chapter 60B subsection (i) of section 2 and under Chapter 91section 10A of the Massachusetts General Laws and sums received from the Commonwealth or Federal Government for purposes established by Chapter 40 section 5G of the Massachusetts General Laws including but not limited to (1) maintenance , dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 15 (Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2014) To see if the Town will vote to authorize a revolving fund for the Airport, to be known as the Airport Aviation Fuel Revolving Fund, to which shall be credited fees and other receipts received in connection with the sale of aviation fuel, which fund may be expended for the purchase of aviation fuel, to be expended by the Airport Commission, and further to establish a spending limit from the fund for Fiscal Year 2014, pursuant to the provisions of Chapter 28 of the Acts of 2004 and Massachusetts General Law Chapter 44, section 53E½, or to take any other action related thereto. (Board of Selectmen for Airport Commission) ARTICLE 16 (Appropriation: Ambulance Reserve Fund) To see what sum the Town will vote to appropriate from the Ambulance Reserve Fund for the purchase of ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the Town’s ambulance services, including up to four (4) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town Manager; or to take any other action related thereto. Page 6 Town of Nantucket 2013 Annual Town Meeting and Election Warrant (Board of Selectmen) ARTICLE 17 (Appropriation: County Assessment) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to pay the County of Nantucket such assessment as is required for Fiscal Year 2014, and to authorize the expenditure of these funds for County purposes, all in accordance with the Massachusetts General Laws and in accordance with the County Charter (Chapter 290 of the Acts of 1996), the sum of One Hundred Sixty-six Thousand Dollars ($166,000); or to take any other action related thereto. Or to take any other action related thereto. (Board of Selectmen/County Commissioners) ARTICLE 18 (Appropriation: Finalizing Fiscal Year 2014 County Budget) To see if the Town will vote to overturn any denial of approval by the Nantucket County Review Committee, of any item of the County budget for Fiscal Year 2014 by appropriating a sum of money for such County budget and authorizing the expenditure of estimated County revenues, County reserve funds, County deed excise fees or other available County funds including the Town assessment for County purposes; further, to see if the Town will vote to overturn any denial by the Nantucket County Review Committee of the establishment of a County Reserve Fund, from which transfers may be made to meet extraordinary or unforeseen expenditures with the approval of the County Commissioners acting as the County Advisory Board Executive Committee within the meaning of Chapter 35 section 32 of the Massachusetts General Laws; or to take any other action related thereto. (Board of Selectmen/County Commissioners) ARTICLE 19 (Rescind Unused Borrowing Authority) To see what action the Town will take to amend, appropriate or reappropriate, transfer, modify, repeal or rescind unused borrowing authority authorized by previous town meetings. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 20 (Appropriation: Ferry Embarkation Fee) To see what sum the Town will vote to appropriate from the proceeds of the ferry embarkation fee established by Chapter 46, section 129 of the Acts of 2003 as Page 7 Town of Nantucket 2013 Annual Town Meeting and Election Warrant amended, for the purposes of mitigating the impacts of ferry service on the Town and County of Nantucket, including but not limited to provision of harbor services, public safety protection, emergency services, infrastructure improvements within and around Nantucket Harbor, and professional services pertaining to the potential use or reuse of land, buildings and infrastructure in the vicinity of Nantucket Harbor, and any other purpose allowed by applicable law. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 21 (Appropriation: Collective Bargaining Agreement/Fire) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2013 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department union employees (represented by the Nantucket Professional Firefighters Local 2509) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 22 (Appropriation: Collective Bargaining Agreement/Airport Union) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2014 in a collective bargaining contract between the Town of Nantucket (represented by the Airport Commission and Airport union employees (represented by the Massachusetts Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s International Union of North America, Local 1060) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 23 (Appropriation: Collective Bargaining Agreement/Our Island Home) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2014 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Our Island Home union employees Page 8 Town of Nantucket 2013 Annual Town Meeting and Election Warrant (represented by the Service Employees Union International, Local 1199) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 24 (Appropriation of Insurance Proceeds: Airport Enterprise Fund) To see what sum the Town will vote to transfer from insurance proceeds to the Airport Enterprise Fund, which funds were collected in connection with expenditures made by the Airport’s emergency response to the October 19, 2012 NetJets fuel spill at the Airport, or take any other action relative thereto. (Board of Selectmen for Airport Commission) ARTICLE 25 (Community Preservation Committee: Fiscal Year 2014 Budget Transfers) To see what sums the Town will vote to transfer into the Community Preservation Committee reserved and unreserved fund balances to turn back the unspent remainder of projects approved in prior fiscal years so that it is available for future appropriations. FROM TO AMOUNT Article 26 ATM 2008 Maria Mitchell Association Fiscal Year 2014 Community Preservation Committee Historic Preservation reserved fund balance $10,499.49 Total Transfers to Historic Preservation Reserved fund balance $10,449.49 (Kenneth Beaugrand, et al) ARTICLE 26 (Appropriation: FY 2014 Community Preservation Fund) To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2014Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Historic Preservation Nantucket Firemen’s Association Restoration of a 1937 American LaFrance pumper Fire Truck $80,000 Page 9 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Nantucket Maria Mitchell Association Preserving the Historic Façade of the Nantucket Maria Mitchell Association’s Science Library $243,795 St. Paul’s Church in Nantucket Restoration of the exterior vestibule and creation of the handicap accessible walkway, lift and stairway $416,685 First Congregational Church in Nantucket Restoration of the Old North Vestry $195,125 Nantucket Historical Association Preservation of the Old Gaol (Jail) $62,425 Two Center Street Restoration Project Preservation of the Historic Methodist Church Building $160,163\ Nantucket Islands Land Bank Restoration of Historic barn on Sconset Golf course $205,000 University of Florida Preservation Institute 3D laser scanning of Historic buildings for public access $68.596 Sub-total $1,431,789 $20,790 of the funds utilized for this category are from the Designated Reserve for Historic preservation with the balance of the funds to be used in this category from the Community Preservation surcharge and the State matching funds. Community Housing Nantucket Interfaith Council Housing and rental assistance program $120,000 Habitat for Humanity Nantucket Inc. Construct new Habitat for Humanity house on current available or to be available land $200,000 Sub-total $320,000 $21,677 of the funds utilized in this category are from the Designated Reserve for Community housing with the balance of the funds to be used in this category from the Community Preservation surcharge and the State matching funds. Open Space Conservation/Recreation Town of Nantucket Funds to pay the interest and principal in the first year of the Bond authorized at the 2012 Nantucket Town Meeting for the creation of an artificial turf playing field at Nobadeer Farm Road. $125,000 Page 10 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Open Space Reserves Allocation to Open Space Reserves for future use. $230,000 Sub-total $355,000 All of the funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Undesignated Reserves Allocation to Undesignated Reserves for future use $100,000 Sub total $100,000 All of the funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Administrative Community Preservation Committee Administrative and operating expenses $93,211 Sub-total $93,211 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. TOTAL $2,300,000 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY 2014 Community Preservation Surcharge $1,797,000 From State matching funds for FY 2013, to be received in 2014 $449,300 From interest $11,233 From Designated Reserves for Historic preservation $20,790 From Designated Reserves for Community Housing $21,677 Total Revenues $2,300,000 Page 11 Town of Nantucket 2013 Annual Town Meeting and Election Warrant For fiscal year 2014 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Provided however, that the above expenditures may be conditional on the recording of appropriate historic preservation restrictions for historic resources, open space restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Kenneth Beaugrand, et al) ARTICLE 27 (Appropriation: Prospect Hill Bike Path) 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 $900,000, to be spent by the Town Manager for professional services toward design, permitting, construction supervision and other related professional services, for the construction of the Prospect Hill Bike Path and pedestrian improvements or to take any other action related thereto. (Carol Dunton, et al) ARTICLE 28 (Appropriation: FY 2014 Tick-Borne Disease Reduction Program) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds the sum of $75,000 to be spent by the Town Manager for the purpose of developing an island- wide, comprehensive tick- borne disease reduction program for Fiscal Year 2014, or to take any other action related thereto. (Carol Dunton, et al) ARTICLE 29 (Appropriation: Other Post-Employment Benefits Trust Fund) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds, a sum of money to be deposited into the Other Post-employment Benefits Trust Fund; or take any other action related thereto. (Board of Selectmen) ARTICLE 30 (Zoning Bylaw Amendment: Permitted Uses) 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 Page 12 Town of Nantucket 2013 Annual Town Meeting and Election Warrant meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To delete section 12C, Neighborhood Employee Housing Overlay District, and section 12J, Multi-Family Overlay District, in their entirety. 2. To amend section 2 as follows: APARTMENT A dwelling unit located on the second or third floor or in the basement of a commercial structure. A maximum of four apartments per lot are allowed in the following districts: [Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] (1) CDT — one dwelling unit is permitted for each 1,000 square feet of lot area. (2) CMI — one dwelling unit is permitted for each 2,000 square feet of lot area. (3) CN — one dwelling unit is permitted for each 3,000 square feet of lot area. (4) CTEC – one dwelling unit is permitted for each 4,000 square feet of lot area. (5) CI – one dwelling unit is permitted for each 5,000 square feet of lot area. BULK MERCHANDISE RETAIL The sale of goods that require a large amount of floor space and which involves goods both warehoused and retailed at the same location. Items for sale include large, categorized products such as household appliances, furniture, construction and lawn equipment, electrical and heating fixtures and supplies, plumbing fixtures and supplies. EMPLOYER DORMITORY A dwelling on a lot occupied by a legally permitted or nonconforming commercial or nonprofit recreational use, or on an adjoining lot under the same ownership, all located outside of the NEHOD TOD in which sleeping accommodations for more than five persons are provided by one or more employers, with occupancy limited solely to their employees. LUMBERYARD A facility where building materials such as lumber, plywood, drywall, cement blocks, roofing materials, insulation, and the like, including related products such as wallpaper, plumbing and electrical supplies, paint, glass, and hardware, are stored and sold. Page 13 Town of Nantucket 2013 Annual Town Meeting and Election Warrant MEDICAL MARIJUANA TREATMENT CENTER An establishment containing a not-for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. MULTI-FAMILY DWELLING A building(s), structure(s) or area(s) within a building(s) or structure(s) that contains three or four dwelling units on a lot subject to conditions set forth in § 139-12. NEIGHBORHOOD EMPLOYEE HOUSING OVERLAY DISTRICT An overlay district in which housing is provided for six to nine employees in a dwelling unit, together with spouses, domestic partners, and dependents with the total occupancy on the number of persons in a building not to exceed 18 persons per lot, in accordance with § 139-12C. Housing for the exclusive use of employers who own or lease space on a lot, for the purpose of housing their employees, their spouses, domestic partners and dependents. A maximum of two (2) dwelling units shall be permitted per lot with occupancy limited to a total of eighteen (18) persons. In the R-1, ROH, R-5, R-10, R-20, and R-40 districts only, there shall be no more than two (2) lots containing neighborhood employee housing or employer dormitory units (conforming or preexisting nonconforming), within a 1,000 foot radius. The special permit granting authority shall conduct a site plan review in accordance with §139-23 and shall require the submission of a dormitory management plan. OUTBUILDINGS Detached accessory residential structures, not including dwelling units, studios, or sheds. SHED An accessory structure for storage purposes, not designed to be served by heat or plumbing. 3. To amend section 3F as follows: F. Overlay districts. District Abbreviation Public Wellhead Recharge PWR Flood Hazard FHD Page 14 Town of Nantucket 2013 Annual Town Meeting and Election Warrant District Abbreviation Mid-Island Planned MIPOD Multifamily MF Neighborhood Employee Housing NEHOD Country COD Town TOD Formula Business Exclusion FBED Harbor Village Height HOD VHOD 4. To amend section 4 as follows: C. … The Multi-Family Overlay District is located and bounded as shown on a map entitled "Multi-Family Overlay Districts," dated March 13, 2000, prepared by the Nantucket G.I.S. Department as amended to add the area shown as being located in the Multi-Family Overlay District on a map entitled "MFOD- Expansion" dated October, 2001 and February 2002. The districts shown on said map shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk, the Building Commissioner, and the Planning Board upon adoption. and E. The NEHOD shall be coterminous with the Town Overlay District (§ 139-12E) and Country Overlay District (§ 139-12F) as is shown on a map entitled "Town and Country Designations" as may be amended from time to time. 5. To amend section 7A, Use Chart, as follows(NOTE: in this section only, new language is shown in italic, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text) Page 15 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 Primary dwelling Y Y Y Y Y Y Secondary dwelling Y Y Y Y Y Y Accessory apartment Y Y Y Y Y Y Apartment N N N N N N Garage Apartment Y Y Y Y Y Y Duplex Y R-1 N SR-1 N Y Y R-10 N SR-10 N N Elder housing facilities SP SP SP SP SP SP Studio A A A A A A Garage – Residential A/SP A/SP A/SP A/SP A/SP A/SP Shed A A A A A A Outbuildings – other A A Y Y A A Swimming Pool – Residential A N A A A A Home Occupations Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Retail sales N N N N N N Convenience store N N N N N N Alcohol sales N N N N N N Bakery N N N N N N Open air market N N N N N N Pharmacy N N N N N N Medical Marijuana Treatment Center N N N N N N Supermarket N N N N N N Restaurants Small (up to 70 seats) N N N N N N Large (71-200 seats) N N N N N N Take out food establishment N N N N N N Drive-through take-out food N N N N N N Tavern/Bar N N N N N N Formula businesses Retail (Includes: bakery, convenience store, and pharmacy) N N N N N N Supermarket N N N N N N Restaurant Small (up to 70 seats) N N N N N N Large (71-200 seats) N N N N N N Take out food establishment N N N N N N Tavern/Bar N N N N N N Offices N N N N N N Theatres, auditoriums, or other places of public assembly N N N N N N Personal Services SP SP SP SP SP SP Print shop N N N N N N Laundromat or dry-cleaning N N N N N N Residential Business Commercial Page 16 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 establishment Bank N N N N N N Automated teller machine N N N N N N Arcade N N N N N N Art gallery N N N N N N Museum N N N N N N Catering N N N N N N Crematorium N N N N N N Funeral home SP SP SP SP N N Health spa N N N N N N Medical clinic N N N N N N Hospital N N N N N N Transient residential facilities Hotel or inn N N N N N N Rooming, lodging, or guest house N N N N N N Time-sharing/Interval dwelling units N N N N N N Contractor shop N N N N N N Lumberyard N N N N N N Bulk Merchandise Retail N N N N N N Landscape contractor N N N N N N Light manufacturing N N N N N N Food processing N N N N N N Interior or exterior storage or warehousing N N N N N N Motor vehicle sales N N N N N N Motor vehicle rental N N N N N N Motor vehicle repair or painting N N N N N N Motor vehicle service station N N N N N N Motor vehicle parking lots or structures N N N N N N Car wash N N N N N N Taxi cab business N N N N N N Bicycle rental or sale N N N N N N Maritime service station N N N N N N Yacht/Sailing clubs and marinas N N N N N N Adult uses N N N N N N Asphalt/Batching plant N N N N N N Licensed junkyard N N N N N N Transfer station N N N N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N N N Utility production/distribution (does not include WECS) N N N N N N Mining N N N N N N Truck/bus terminal N N N N N N Boat related storage N N N N N N Preservation of a lot in its natural condition Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Farms Y Y Y Y Y Y Commercial Industrial Industrial Page 17 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 Truck gardens Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (including greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Tents Y Y Y Y Y Y Day-care center Y Y Y Y Y Y Kennel SP SP SP SP SP SP Public stable SP SP SP SP SP SP Employer dormitory SP N SP N SPN SP N SP N SP N Swimming Pool – Commercial N N N N N N Recreational facilities SP SP SP SP SP SP Club N N N SP SP SP Other Page 18 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC Primary dwelling A A A Y N Y Y Y Secondary dwelling Y N N N N Y Y Y Accessory apartment Y Y Y Y N Y Y Y Apartment Y Y Y Y N SP N N N Garage Apartment Y Y Y Y Y Y Y Y Duplex Y Y A Y N Y Y Y Elder housing facilities N SP N N N SP SP SP Studio Y Y Y Y N Y Y Y Y Garage – Residential N N A A N A A N Shed N N A A A A A N Outbuildings – other N N A A A A A N Swimming Pool – Residential A A A A N A A A Home Occupations Y Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Y Retail sales Y Y Y A A Y Y Y Convenience store Y Y Y N N Y Y SP Alcohol sales Y Y SP/A N N Y Y SP Bakery Y Y Y Y N SP SP/A SP/A A Open air market Y Y Y N N Y Y N Pharmacy Y Y Y N N Y Y SP N Medical Marijuana Treatment Center N SP SP N SP N N N Supermarket Y Y SP N N Y Y SP N Restaurants Small (up to 70 seats) Y Y SP N N Y Y SP Large (71-200 seats) SP SP N N N Y Y SP N Take out food establishment Y Y SP/A N N SP SP N Drive-through take-out food N N SP N N SP SP N Tavern/Bar Y Y SP/A N N SP SP N Formula businesses Retail (includes: bakery, convenience store, and pharmacy) N Y Y N N SP SP Y/N in FBED Y SP SP/N in FBED N Supermarket Y Y Y N N Y Y N Restaurant Small (up to 70 seats) N SP SP N N SPY/N in FBED SP N SP/N in FBED N Large (71-200 seats) N SP N N N SPY/N in FBED SP N SP/N in FBED N Take out food establishment N SP SP N N Y/N in FBED SP N N Tavern/Bar N SP SP N N Y/N in FBED SP N N Offices Y Y Y A A Y Y Y SP Residential Business Commercial Page 19 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC Theatres, auditoriums, or other places of public assembly Y SP SP N N Y Y N Personal Services Y Y Y A N Y Y SP Print shop Y Y Y Y N Y SP SP N Laundromat or dry-cleaning establishment SP SP SP SP N SP SP SP N Bank Y Y Y N N Y Y SP Automated teller machine Y/A Y/A Y/A N N Y Y SP Arcade N SP/A SP/A N N A A A Art gallery Y Y Y N N SP SP SP Museum Y N SP N N Y Y N Catering N Y Y Y N SP SP/A SP/A A Crematorium N N N N Y A A A Funeral home Y Y Y N N Y Y Y Health spa Y Y Y N N Y Y Y N Medical clinic N SP SP N N Y Y SP N Hospital N N Y N N N N N Transient residential facilities Hotel or inn SP SP SP N N Y N SP Rooming, lodging, or guest house Y Y Y N N Y N Y Time-sharing/Interval dwelling units Y Y Y N N Y N Y Contractor shop N N SP Y Y SP SP N Lumberyard N N N SP Y N N N Bulk Merchandise Retail Y Y Y SP Y N N N Landscape contractor N N SP Y Y SP SP N Light manufacturing N N A SP/A Y SP SP N Food processing N N SP SP Y SP SP N Interior or exterior storage or warehousing N N A SP/A Y SP SP N Motor vehicle sales N SP SP N SP SP SP N Motor vehicle rental Y N SP N N SP SP SP N Motor vehicle repair or painting N SP SP SP Y SP SP N Motor vehicle service station N SP SP SP N SP SP SP N Motor vehicle parking lots or structures Y Y Y SP N SP Y Y N Car wash N SP N N SP SP SP N Taxi cab business N Y Y Y N SP SP N Bicycle rental or sale Y N N SP N SP SP N Maritime service station Y Y Y Y Y Y Y SP N Yacht/Sailing clubs and marinas Y N N N N SP Y Y SP N Adult uses N N N N SP N SP N Asphalt/Batching plant N N N N Y SP N SP N N Licensed junkyard N N N N SP SP N SP N N Transfer station N N N N SP N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N Y SP N SP N N Utility production/distribution SP SP SP SP Y SP N SP N Commercial Industrial Industrial Page 20 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC (does not include WECS) N Mining N N N N Y SP N SP N N Truck/bus terminal N N N SP Y SP N SP N N Boat related storage N N SP Y Y Y Y N Preservation of a lot in its natural condition Y Y Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Including greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Y N Municipal Uses (Any) Y Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Y Day-care center Y Y Y Y SP Y N Y Y Y Kennel SP SP SP SP SP SP SP SP N Public stable SP SP SP SP SP SP SP SP N Employer dormitory SP N SP N SP N SP N SP N SP N SP N SP N Swimming Pool – Commercial N SP/A SP/A A N SP/A SP/A SP/A Recreational facilities SP SP SP SP SP SP SP SP Club Y Y Y Y N Y Y Y Other Page 21 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Primary dwelling Y Y Y Y Y A A Secondary dwelling Y Y Y Y Y N N Accessory apartment Y Y Y Y Y Y Y Apartment N N N N N N N Garage Apartment Y Y Y Y Y Y Y Duplex N N N N N N N Elder housing facilities SP SP SP SP N N N Studio A A A A A Y Y Garage - Residential A/SP A A A/SP A A A Shed A A A A/SP A A A Outbuildings – other A A A A/SP A A A Swimming Pool – Residential A A A A SP A A Home Occupations Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Retail sales N N N N N Y A Convenience store N N N N N SP A Alcohol sales N N N N N A A Bakery N N N N N Y A/SP Open air market N N N N N Y Y Pharmacy N N N N N N N Medical Marijuana Treatment Center N N N N N N N Supermarket N N N N N N N Restaurants Small (up to 70 seats) N N N N N SP N Large (71-200 seats) N N N N N N N Take out food establishment N N N N N A N Drive-through take-out food N N N N N N N Tavern/Bar N N N N N A A Formula businesses Retail (includes: bakery, convenience store, and pharmacy) N N N N N N N Supermarket N N N N N N N Restaurant Small (up to 70 seats) N N N N N N N Large (71-200 seats) N N N N N N N Take out food establishment N N N N N N N Tavern/Bar N N N N N N N Offices N N N N N Y A Theatres, auditoriums, or other places of public assembly N N N N N A A/SP Personal Services N N N N N Y SP Print shop N N N N N N N Laundromat or dry-cleaning establishment N N N N N SP N Business Commercial Page 22 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Bank N N N N N N N Automated teller machine N N N N N A A Arcade N N N N N N N Art gallery N N N N N Y Y Museum N N N SP N SP N Catering N N N N N A A Crematorium N N N SP N N N Funeral home N N N N N N N Health spa N N N N N N N Medical clinic N N N N N N N Hospital N N N N N N N Transient residential facilities Hotel or inn N N N N N N N Rooming, lodging, or guest house N N N N N SP N Time-sharing/Interval dwelling units N N N N N Y N Contractor shop N N N N N N A Lumberyard N N N N N N SP Bulk Merchandise Retail N N N N N SP SP Landscape contractor N N N N N N SP Light manufacturing N N N N N SP/A SP/A Food processing N N N N N N SP Interior or exterior storage or warehousing N N N N N A SP/A Motor vehicle sales N N N N N N N Motor vehicle rental N N N N N N N Motor vehicle repair or painting N N N N N N N Motor vehicle service station N N N N N N N Motor vehicle parking lots or structures N N N N N N N Car wash N N N N N N N Taxi cab business N N N N N N N Bicycle rental or sale N N N N N SP A Maritime service station N N N N N N SP Yacht/Sailing clubs and marinas N N N N N N SP Adult uses N N N N N N N Asphalt/Batching plant N N N N N N N Licensed junkyard N N N N N N N Transfer station N N N N N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N N N N Utility production/distribution (does not include WECS) N N N N N N N Mining N N N N N N N Truck/bus terminal N N N N N N N Boat related storage N N N N N N SP Preservation of a lot in its natural condition Y Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Commercial Industrial Industrial Page 23 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Care and propagation of fish and shellfish Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Includes greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Day-care center Y Y Y Y Y N Y Y N Kennel SP SP SP SP SP SP SP Public stable SP SP SP SP SP SP SP Employer dormitory SP SP SP SP SP N SP SP Swimming Pool – Commercial A A A A N A A Recreational facilities SP SP SP SP SP SP SP Club N SP SP SP N SP SP Or to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 31 (Zoning Bylaw Amendment: Formula Business – Definition Modification) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 2, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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): FORMULA BUSINESS A type of retail sales establishment, restaurant, tavern, bar, or take-out food establishment which is under common ownership or control or is a franchise, and is one of 14 10 or more other businesses or establishments worldwide maintaining three two or more of the following features: (1) Standardized menu or standardized array of merchandise with 50% or more of in-stock merchandise from a single distributor bearing uniform markings. (2) Trademark or service mark, defined as a word, phrase, symbol or design, or a combination or words, phrases, symbols ofr designs that identifies and distinguishes the source of the goods from one party from those of others, on products or as part of store design, such as cups, napkins, bags, boxes, rappers, straws, store signs or advertising devices. Other Page 24 Town of Nantucket 2013 Annual Town Meeting and Election Warrant (3) Standardized color scheme used throughout the interior or exterior of the establishment, including, but not limited to, graphics, awnings, signage, and the like visible from the exterior of the structure. (4) Standardized interior décor including, but not limited to style of furniture, wall coverings, permanent fixtures, displays, window treatments (45) Standardized uniform including but not limited to aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags). Or to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 32 (Zoning Map Change: Brant Point Area Plan Implementation – LC to CN and R-5 and RC to R-10) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Limited Commercial (LC) district in the Commercial Neighborhood (CN) district: MAP LOT NUMBER STREET 29 130 30 N BEACH STREET 2. By placing the following properties currently located in the Limited Commercial (LC) district in the Residential 5 (R-5) district: MAP LOT NUMBER STREET 42.4.1 103 18 N BEACH STREET 42.4.1 104 20 N BEACH STREET 42.4.4 18 5 NORTH AVENUE 42.4.4 58 9 NORTH AVENUE 42.4.1 113 6 DOLPHIN COURT 42.4.1 37 5 DOLPHIN COURT 42.4.1 112 3 DOLPHIN COURT 42.4.1 38.1 1 DOLPHIN COURT 42.4.4 16 11 NORTH AVENUE 42.4.1 100 12 N BEACH STREET 42.4.1 101 14 N BEACH STREET 42.4.1 102 16 N BEACH STREET 42.4.4 80 22 N BEACH STREET 42.4.4 81 24 N BEACH STREET 42.4.4 15 26 N BEACH STREET Page 25 Town of Nantucket 2013 Annual Town Meeting and Election Warrant 42.4.4 10 5 SYLVIA LANE 42.4.4 11 3 SYLVIA LANE 42.4.4 12 1 SYLVIA LANE 29 131 38 N BEACH STREET 29 131.1 40 N BEACH STREET 29 132 42 N BEACH STREET 29 133 50 N BEACH STREET 29 135 52 N BEACH STREET 29 135.1 54A N BEACH STREET 29 134 54B N BEACH STREET 29 90 (a portion of) 9 CABOT LANE 42.4.4 17 3 NORTH AVENUE Note: Not Included in Brant Point Area Plan 3. By placing the following property currently located in the Residential Commercial (RC) district in the Residential 10 (R-10) district: MAP LOT NUMBER STREET 29 4 75 HULBERT AVENUE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 32 Brant Point Area Plan Implementation” dated January 2013 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 33 (Zoning Map Change: Holdgate Property – Old South Road RC-2 to CN) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following property currently located in the Residential Commercial 2 (RC- 2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 68 10 40 Old South Road All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 33 Holdgate Property – Old South Road” dated January 2013 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen for Planning Board) Page 26 Town of Nantucket 2013 Annual Town Meeting and Election Warrant ARTICLE 34 (Zoning Bylaw Amendment: Town and Country Overlay District Boundary Adjustments: Vicinity of Hummock Pond Road, Dukes Road, Crooked Lane and Madaket Road) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. By amending section 4E by removing the following properties from the Country Overlay District and adding them to the Town Overlay District: MAP LOT NUMBER STREET 56 311 77 HUMMOCK POND ROAD 56 67.3 99 HUMMOCK POND ROAD 56 308 97 HUMMOCK POND ROAD 56 118 91 HUMMOCK POND ROAD 56 120 89 HUMMOCK POND ROAD 56 310.2 83 HUMMOCK POND ROAD 56 121 81 HUMMOCK POND ROAD 56 309 95 HUMMOCK POND ROAD 56 310.1 87 HUMMOCK POND ROAD 56 122 79 HUMMOCK POND ROAD 56 251 89 VESTAL STREET 56 187 34 DUKES ROAD 56 190 28 DUKES ROAD 56 466 63 HUMMOCK POND ROAD 56 71 65 HUMMOCK POND ROAD 56 217 61 HUMMOCK POND ROAD 56 3 59 HUMMOCK POND ROAD 56 4 55 HUMMOCK POND ROAD 56 5 49 HUMMOCK POND ROAD 56 214 39 HUMMOCK POND ROAD 56 211 75 MILK STREET 56 245 50 DUKES ROAD 56 246 48 DUKES ROAD 56 247 46 DUKES ROAD 56 248 44 DUKES ROAD 56 249 42 DUKES ROAD 56 250.1 38 DUKES ROAD 56 473 77 VESTAL STREET 56 210 73 MILK STREET Page 27 Town of Nantucket 2013 Annual Town Meeting and Election Warrant 56 462 75 VESTAL STREET 56 210.1 71 MILK STREET 56 195.3 56 VESTAL STREET 56 189 30 DUKES ROAD 56 188 32 DUKES ROAD 56 194.1 69 MILK STREET 56 327 41 DUKES ROAD 56 328 39 DUKES ROAD 56 329 37 DUKES ROAD 56 194 67 MILK STREET 56 192 73 VESTAL STREET 56 195.1 60 VESTAL STREET 56 195.2 58 VESTAL STREET 56 467 71 VESTAL STREET 56 435 69 VESTAL STREET 41 56.1 52 VESTAL STREET 41 56 50 VESTAL STREET 41 55 48 VESTAL STREET 41 188 4 DUKES ROAD 41 314 4 TULIP LANE 41 531 51 CROOKED LANE 41 201.3 43 CROOKED LANE 41 201.2 57 MADAKET ROAD 41 201 61 MADAKET ROAD 41 608 67- VESTAL STREET 41 54 44 VESTAL STREET 41 62 18 DUKES ROAD 41 59 67 VESTAL STREET 41 61 16 DUKES ROAD 41 530.1 27 DUKES ROAD 41 58.1 63 VESTAL STREET 41 59.1 65 VESTAL STREET 41 60 14 DUKES ROAD 41 530.3 25 DUKES ROAD 41 58.2 61 VESTAL STREET 41 197 23 DUKES ROAD 41 192 12 DUKES ROAD 41 57 57 VESTAL STREET 41 196 21 DUKES ROAD 41 191 10 DUKES ROAD 41 195 19 DUKES ROAD Page 28 Town of Nantucket 2013 Annual Town Meeting and Election Warrant 41 190 8 DUKES ROAD 41 198 60 CROOKED LANE 41 189 6 DUKES ROAD 41 313 17 DUKES ROAD 41 187 2 DUKES ROAD 41 587 46 MADAKET ROAD 41 586 48 MADAKET ROAD 41 585 50 MADAKET ROAD 41 584 52 MADAKET ROAD 41 583 54 MADAKET ROAD 41 582 56 MADAKET ROAD 41 200 62 MADAKET ROAD 41 200.4 64 MADAKET ROAD 41 200.3 66 MADAKET ROAD 41 200.2 68 MADAKET ROAD 41 462.3 70 MADAKET ROAD 41 462.8 72 MADAKET ROAD 41 202 41 CROOKED LANE 41 203.2 35 CROOKED LANE 41 203.1 33 CROOKED LANE 41 203 31 CROOKED LANE 41 204 29 CROOKED LANE 41 73 154 CLIFF ROAD 41 79 9 CROOKED LANE 41 80 7 CROOKED LANE 41 470 5 CROOKED LANE 41 80.1 7A CROOKED LANE 41 69 166 CLIFF ROAD 41 837 164 CLIFF ROAD 41 70 162 CLIFF ROAD 41 74 150 CLIFF ROAD 41 74.1 152 CLIFF ROAD 41 836 154 CLIFF ROAD 41 71 158 CLIFF ROAD 41 75.1 148 CLIFF ROAD 41 75 146 CLIFF ROAD 41 76 144 CLIFF ROAD 41 78 142 CLIFF ROAD 41 575 140 CLIFF ROAD 41 81 1 CROOKED LANE 41 72 11R CROOKED LANE Page 29 Town of Nantucket 2013 Annual Town Meeting and Election Warrant All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 34 Overlay Change” dated January 2013 and filed herewith at the Office of the Town Clerk. 2. By deleting section E(1) its entirety. 3. By deleting section F(1) in its entirety. Or to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 35 (Zoning Map Change: R-20 to R-10 – Meadow Lane) 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 10 (R-10) district: MAP LOT NUMBER STREET 41 403 (a portion of) 10 MEADOW LANE 41 446 9 MEADOW LANE 41 445 7 MEADOW LANE 41 444 5 MEADOW LANE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 35 Meadow Lane” dated January 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 36 (Zoning Bylaw Amendment and Zoning Map Change: Village Height Overlay District and Hummock Pond Farms – LUG-2 to VR) To see if the Town will vote to take the following actions: 1. To amend chapter 139 (Zoning) of the Code of the Town of Nantucket, section 4F, 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): The Village Height Overlay District (VHOD) is shown on a map entitled “2009 Special Town Meeting Warrant Article 20, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009. “Village Height Overlay District” dated December 2012, as may be amended from time to time. Page 30 Town of Nantucket 2013 Annual Town Meeting and Election Warrant 2. To amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 4F, by adding the following parcels to the Village Height Overlay District and to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Village Residential (VR) district: MAP LOT NUMBER STREET 82 92 4 ISHMAEL ROAD 82 98 1 MELVILLE COURT 65 60 4 MOBY WAY 82 102 34 AHAB DRIVE 82 103 32 AHAB DRIVE 82 104 30 AHAB DRIVE 82 99 2 MELVILLE COURT 82 100 4 MELVILLE COURT 82 101 6 MELVILLE COURT 82 93 2 ISHMAEL ROAD 82 105 28 AHAB DRIVE 82 106 26 AHAB DRIVE 82 91 6 ISHMAEL ROAD 82 97 21 AHAB DRIVE 82 90 8 ISHMAEL ROAD 82 107 24 AHAB DRIVE 82 96 19 AHAB DRIVE 65 69 3 QUEQUEG DRIVE 65 66 10 ISHMAEL ROAD 65 70 5 QUEQUEG DRIVE 82 95 17 AHAB DRIVE 65 52 22 AHAB DRIVE 65 53 20 AHAB DRIVE 65 68 9 AHAB DRIVE 65 67 11 AHAB DRIVE 65 54 18 AHAB DRIVE 65 65 7 AHAB DRIVE 65 55 16 AHAB DRIVE 65 63 6 AHAB DRIVE 65 56 14 AHAB DRIVE 65 57 12 AHAB DRIVE 65 62 4 AHAB DRIVE 65 64 8 AHAB DRIVE 65 61 2 AHAB DRIVE Page 31 Town of Nantucket 2013 Annual Town Meeting and Election Warrant 65 58 3 MOBY WAY 65 59 5 MOBY WAY All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 36 Zoning Change LUG-2 to VR and Addition to Village Height Overlay District” dated January 2013 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 37 (Zoning Bylaw Amendment: VTEC/VR Intensity Regulations) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 16 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): District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio … VR … VTEC 20,000 40,000 30 20 30 15 10 20 100 100 10% 7 25% Or to take any other action related thereto. (Board of Selectmen for Planning Board) ARTICLE 38 (Zoning Map Change: Siasconset SR-20 to SR-10) To see if the Town will vote to: Amend the Nantucket Zoning Map to move 32, 34, 36, 40, 42, 44, and 46 Baxter Road, 1 and 5 Ann’s Lane, and 49, 51R, and 55 Sankaty Road from the Sconset Residential 20 district to the Sconset Residential 10 district, or to take any other action related thereto. (Steven Cohen, et al) Page 32 Town of Nantucket 2013 Annual Town Meeting and Election Warrant ARTICLE 39 (Zoning Bylaw Amendment: Intensity Regulations) To see if the Town of Nantucket will amend the Nantucket Zoning Bylaw Chapter 139-16 B. (3) by inserting the highlighted text and deleting the text indicated by strikethrough as following: Only in the Town Overlay District Ffrontage of a lot may be reduced for an individual lot in a subdivision or on a plan endorsed "approval not required" to a minimum of 50 feet (which width shall not be reduced at any depth within the lot, provided that:… (Cormac Collier, et al) ARTICLE 40 (Zoning Bylaw Amendment: Secondary Dwelling) To see if the Town will vote to amend Chapter 139 Section 2, definition of “Secondary Dwelling” to add the following language as a new paragraph at the end of the existing definition: “Notwithstanding any language contained herein to the contrary, any property that is owned by a validly created and existing cooperative housing corporation as of December 31, 2012, may be converted to a residential condominium form of ownership, maintaining the separate beneficial ownership of the primary and secondary dwellings, without subjecting such property to the Nantucket Housing Needs Covenant.” (Jessie M. Glidden, et al) ARTICLE 41 (Wind Turbine Moratorium) To see if the Town will vote to place a moratorium on the permitting, construction and installation of any form of wind turbine in all zones and districts, including municipal use, including but not limited to residential, commercial, industrial, educational, and agricultural zones throughout the entire Town of Nantucket (including the islands of Tuckernuck and Muskeget) including on-shore and off-shore areas, and to direct all elected Board members within the Town of Nantucket, and all appointed officials or employees of the Town of Nantucket, to take all actions necessary, to cease, suspend and otherwise prohibit the permitting, construction, installation, and contract negotiation for the siting of any commercial or municipal wind turbines anywhere within the borders of the Town of Nantucket, on public or private land, under the present or future zoning by-laws or by special permit, building permit or otherwise for a period of five (5) years; or to take any other action related thereto. (Bruce R. Mandel, et al) Page 33 Town of Nantucket 2013 Annual Town Meeting and Election Warrant ARTICLE 42 (Bylaw Amendment: Board of Sewer Commissioners/ Town 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 taking the following actions: 1. By amending section 41-3A 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): A. Town Sewer District is shown on a map entitled "Nantucket Sewer Districts Town and Siasconset" prepared by the Town of Nantucket GIS Coordinator, dated April 20, 2010, as may be amended from time to time. The above referenced map incorporates the original sewer district map dated March 2004 as approved through Article 56 of the 2004 Annual Town Meeting and all subsequent amendments as may be approved through the 2010 Annual by Town Meeting from time to time. The Town Sewer District, projected to have a summer average daily flow capacity of 2,800,000 mgd, is serviced by the Surfside Wastewater Treatment Facility. 2. By adding the following parcels to the Town Sewer District: MAP LOT NUMBER STREET 56 245 50 DUKES ROAD 56 246 48 DUKES ROAD 56 247 46 DUKES ROAD 56 248 44 DUKES ROAD 56 249 42 DUKES ROAD 56 327 41 DUKES ROAD 56 328 39 DUKES ROAD 54 223 14 BREWSTER ROAD 54 236 15 BREWSTER ROAD 54 221 16 BREWSTER ROAD 54 222 17 BREWSTER ROAD 54 220.2 20 BREWSTER ROAD 54 220.1 5 BOSTON AVENUE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 42 Town Sewer District Expansion” dated January 2013 and filed herewith at the Office of the Town Clerk. Page 34 Town of Nantucket 2013 Annual Town Meeting and Election Warrant (Board of Selectmen) ARTICLE 43 (Bylaw Amendment: Board of Sewer Commissioners/ Siasconset 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 taking the following actions: 1. By amending section 41-3B 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): B. Siasconset Sewer District as shown on a map entitled "Nantucket Sewer Districts Town and Siasconset" prepared by the Town of Nantucket GIS Coordinator, dated April 20, 2010, as may be amended from time to time. The above referenced map incorporates the original sewer district map dated March 2004 as approved through Article 56 of the 2004 Annual Town Meeting and all subsequent amendments as may be approved by Town Meeting from time to time.: an area outlined in blue on a map entitled, "Comprehensive Wastewater Management Plan, (Proposed) SIASCONSET SEWER DISTRICT," with a summer average daily flow capacity of 220,000 mgd, dated March 2004 (on file in the office of the Town Clerk), or as shown in an additional area outlined in blue on a supplemental map entitled "Article 51, 2006 Annual Town Meeting Additions to the Siasconset Sewer District dated as of March 7, 2006, Nantucket, Massachusetts" and as shown in an area outlined in green on a supplemental map entitled "2007 Annual Town Meeting Article 41" and further as shown on an area outlined in red on a supplemental map entitled “2009 Annual Town Meeting Article 53"; and further shown in the additional area indicated on a map entitled "Article 38 - 2010 Annual Town Meeting Additions to the Siasconset Sewer District dated as of November 5, 2009, Nantucket, MA" The Siasconset Sewer District, projected to have a summer average daily flow of 220,000 mgd, is serviced by within which all sewage shall be collected, transported to, treated by and disposed from the Siasconset Wastewater Treatment Facility. 2. By adding the following parcels to the Siasconset Sewer District: MAP LOT NUMBER STREET 72 2 309 MILESTONE ROAD 72 21 315 MILESTONE ROAD 72 7 1 MC GARVEYS WAY 72 5 5 MC GARVEYS WAY 72 4 4 MC GARVEYS WAY Page 35 Town of Nantucket 2013 Annual Town Meeting and Election Warrant 72 3 6 SEVEN MILE LANE 72 52 2 SEVEN MILE LANE 72 53 4 SEVEN MILE LANE 72 54 5 SEVEN MILE LANE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 43 Siasconset Sewer District Expansion” dated January 2013 and filed herewith at the Office of the Town Clerk. (Board of Selectmen) ARTICLE 44 (Bylaw Amendment: Committees/Capital Program Committee) To see if the Town will vote to amend Chapter 11, Article II of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): Article II Capital Program Committee § 11-6. Establishment; membership. There shall be a Capital Program Committee consisting of seven voting members. A. Four Five voting members will be appointed by the Board of Selectmen with terms beginning and ending with the fiscal year, July 1 through June 30. With the exception of the first appointments, each term will be three years. The first Board of Selectmen appointments will be as follows: Committee members one and two initial appointments will carry a one-year term; Committee member three initial appointment will carry a two-year term; and Committee member four initial appointment will carry a three-year term. After the initial terms, terms will follow the three-year rotation. For any first appointment made after an amendment to this paragraph A, the Board of Selectmen shall appoint a member to a two or three year term, so as to have no more than two terms expiring in any year. B. A fifth sixth voting member shall be appointed by the Board of Selectmen; a sixth voting member shall be appointed by the Finance Committee; the seventh voting member shall be appointed by the Nantucket Planning and Economic Development Commission. Each of the fifth, sixth and seventh members must be members of the Finance Committee and Nantucket Planning and Economic Development Commission respectively. Board, Commission or Committee at the time of appointment. Board, Commission or Committee Finance Committee and Nantucket Planning and Economic Development Commission appointments shall Page 36 Town of Nantucket 2013 Annual Town Meeting and Election Warrant be for one fiscal year and coterminus with the Town's fiscal year or at cessation of the member's term of appointment, whichever first occurs. (Board of Selectmen) ARTICLE 45 (Bylaw Amendment: Council for Human Services) To see if the Town will vote to amend Chapter 12 (Council for Human Services) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): §12-5. Contract Review Subcommittee – membership, terms, vacancies. The Contract Review Subcommittee shall consist of seven Nantucket residents. At the beginning of each fiscal year, two members of the Contract Review Subcommittee shall be appointed by and shall be members of the Council for Human Services; one member shall be appointed by and be a member of the Finance Committee; one member shall be appointed by and be a member of the Nantucket Planning and Economic Development Commission; one member shall be appointed by and be a member of the Board of Selectmen. Two Three members shall be members of the public-at-large and shall be appointed by the Board of Selectmen. Members of the Contract Review Subcommittee who are members of the public at large shall be appointed for a term of three years. Each member of the existing Contract Review Committee serving at the time of the passage of this chapter shall take office as a member of the Contract Review Subcommittee and shall remain in office until the end of his or her term and until a successor member is duly appointed. Members of the Contract Review Subcommittee shall be in full compliance with the provisions of Massachusetts General Law Chapter 268A. (Board of Selectmen) ARTICLE 46 (Bylaw Amendment: Committees/Visitor Services and Information Advisory Committee) To see if the Town will vote to amend Chapter 11 (Committees), Article IV (Visitor Services and Information Advisory Committee) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): § 11-16. Administrative duties; budget; expenditures. Duties. §11-16. Duties. The Visitor Services and Information Advisory Committee will oversee Nantucket's current Information Bureau, which Bureau will continue to be a Town department. It will provide the central administrative staff to carry out the day-to-day operations in accordance with the functions listed below. Seasonal employees, as required, will be overseen by the central staff. The employees of the Information Bureau may change in Page 37 Town of Nantucket 2013 Annual Town Meeting and Election Warrant number or job functions, in accordance with the procedures for Town employees stated in the Personnel Bylaw. The budget of the Information Bureau will be reviewed through the usual Finance Committee procedure for departments and by the Visitor Services and Information Advisory Committee. Prior to making expenditures for the various functions to be carried out, the Visitor Services and Information Advisory Committee will present an expenditure plan for the funds voted by Town Meeting to the Board of Selectmen for its approval. provide recommendations to the Board of Selectmen and/or Town Administration regarding island visitor services, including information and resource promotion, public rest room facilities, signage, and public information. §11-17. Functions. The principal functions carried out will be island visitor services, information and resource promotion; this may include funding allocations for additional visitor service purposes such as construction and maintenance of public rest room facilities, beach/harbor maintenance, signage, cleaning of public places and public information. (Board of Selectmen) ARTICLE 47 (Bylaw: Civil Fingerprinting Authorization) To see whether the Town will vote, as authorized by Chapter 256 of the Acts of 2010, and incorporated into the Massachusetts General Laws as Chapter 6, Section 172B ½, to adopt the following bylaw enabling the Police Department to conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses:  Hawking and Peddling or other Door-to-Door Salespeople  Manager of Alcoholic Beverage License  Owner or Operator of Public Conveyance  Dealer of Second-hand Articles  Pawn Dealers  Hackney Drivers  Ice Cream Truck Vendors And to adopt appropriate policies and procedures to effectuate the purposes of this bylaw, or take any other action related thereto. Chapter 108 CIVIL FINGERPRINTING §108-1. Criminal History Check Authorization. Page 38 Town of Nantucket 2013 Annual Town Meeting and Election Warrant A. The Police Department shall, as authorized by Massachusetts General Laws Chapter 6, Section 172B ½, conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses: 1) Hawking and Peddling or other Door-to-Door Salespeople 2) Manager of Alcoholic Beverage License 3) Owner or Operator of Public Conveyance 4) Dealer of Second-hand Articles 5) Pawn Dealers 6) Hackney Drivers 7) Ice Cream Truck Vendors B. At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual’s criminal history records. The Police Chief shall periodically check with the Executive Office of Public Safety and Security (“EOPSS”) which has issued an informational Bulletin which explains the requirements for town by-laws and the procedures for obtaining criminal history information, to see if there have been any updates to be sure the Town remains in compliance. C. Upon receipt of the fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this bylaw to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and/or the Federal Bureau of Investigation (BI) or the successors of such agencies as may be necessary for the purpose of conducting fingerprint-based state and national criminal records background checks of license applicants specified in this by-law. D. The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint-based state and national criminal record background checks, including of FBI records, consistent with this bylaw. The Town authorizes the Police Department to receive and utilize State and FBI records in connection with such background checks, consistent with this bylaw. The State and FBI criminal history will not be disseminated to unauthorized entities. E. Upon receipt of a report from the FBI or other appropriate criminal justice agency, a record subject may request and receive a copy of his/her criminal history record from the Police Department. Should the record subject seek to amend or correct his/her record, he/she must take appropriate action to correct said record, which action currently includes contacting the Massachusetts Department of Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from other jurisdictions maintained in its file. An applicant that wants to challenge the accuracy or completeness of the record shall be advised that the procedures to change, correct, or update the records are set forth in the Title 28 CFR 16.34. The Police Department shall not utilize and/or transmit the results of the Page 39 Town of Nantucket 2013 Annual Town Meeting and Election Warrant fingerprint-based criminal record background check to any licensing authority pursuant to this bylaw until it has taken the steps detailed in this paragraph and the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so. F. The Police Department shall communicate the results of the fingerprint-based criminal record background checks to the appropriate governmental licensing authority within the Town as listed. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability, or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex-related offense. No such suitability evaluation or communication shall be disseminated to unauthorized entities. G. The Board of Selectmen is authorized to promulgate regulations for the implementation of the proposed bylaw, but in doing so is recommended that it consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute, the FBI’s requirements for access to the national database, and other applicable state laws. §108-2. Use of Criminal Record by Licensing Authorities. A. Licensing authorities of the Town shall utilize the results of fingerprint-based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this bylaw. A Town licensing authority may deny an application for the license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant’s suitability in making this determination. B. The Town or any of its officers, departments, boards, committees or other licensing authorities is hereby authorized to deny any application for, including renewals and transfers thereof, for any person who is determined unfit for the license, as determined by the licensing authority, due to information obtained pursuant to this bylaw. §108-3. Fees. A. The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be one hundred dollars ($100). The Town Treasurer shall periodically consult with Town Counsel and the Department of Revenue, Division of Local Services regarding the proper municipal accounting of those fees. Page 40 Town of Nantucket 2013 Annual Town Meeting and Election Warrant A portion of the fee, as specified in Mass. Gen. Laws Chapter 6, Section 172B½, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system. (Board of Selectmen) ARTICLE 48 (Bylaw Amendment: Finances) To see if the Town will vote to amend Chapter 19 (Finances) of the Code of the Town of Nantucket by adding a new Article XII as follows: ARTICLE XII Due Date for Municipal Fees, Charges and Bills § 19-20. The due date for the payment of all municipal fees, charges and bills, including but not limited to sewer and landfill accounts, shall be thirty (30) days after the fee, charge or bill is issued by the Town, unless otherwise specified by a General Law or special act of the Commonwealth or other Town by-law. The Board of Selectmen may, but is not required to, vote to exempt a particular fee, charge or bill not so specified from the terms of this bylaw. Interest on any overdue fee, charge or bill subject to this bylaw shall accrue at the same rate as charged on tax bills pursuant to Massachusetts General Laws Chapter 59, Section 57. (Board of Selectmen) ARTICLE 49 (Charter Amendment) To see if the Town will vote to: amend the Charter for the Town of Nantucket, Chapter 289 of the Acts of 1996, by amending Article II Legislative Functions, Section 2.5 Town Meeting Warrant to read as follows: (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text) (a) The Board of Selectmen shall include all proposed operating expenditures in a single article or in consecutive articles in the warrant and also all proposed capital improvement expenditures in a single article or in consecutive articles. (b) The Board of Selectmen shall not include any zoning articles for amendment to Chapters 136 and 139, nor any changes to zoning maps proposed by any Town board or official on any Special Town Meeting warrant, except by a vote of two thirds of all members of the Board of Selectmen. All such articles shall be reserved for consideration by the body of the Annual Town Meeting. This prohibition shall not apply to citizen’s petitions submitted in accordance with MGL Ch. 40, §10. Page 41 Town of Nantucket 2013 Annual Town Meeting and Election Warrant (b) (c) The Board of Selectmen shall publish the warrant of each Town Meeting in a newspaper of general circulation within the Town promptly after issuance of the warrant. After such publication of the warrant, the Finance Committee shall hold a public hearing on each article and vote its recommendations. For articles that do not call for the Town to raise and appropriate, transfer or borrow sums of money, the Finance Committee may choose to make no recommendation. (c) (d) The Board of Selectmen shall publish the warrant with the recommendations of the Finance Committee by mailing a copy of such warrant to the address or postal box of each registered voter at least seven days prior to the Town Meeting. Or take any other action in relation thereto. (Catherine Flanagan Stover, et al) ARTICLE 50 (Charter Amendment) To see if the Town will vote to: amend the Charter for the Town of Nantucket, Chapter 289 of the Acts of 1996, by amending Article II Legislative Functions to read 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): “Section 2.5 (c) – The Board of Selectmen shall publish the warrant with the recommendations of the Finance Committee and shall have such copies available at least seven days prior to the Town Meeting at the Town & County Building at 16 Broad Street, or shall post a copy of such warrant on the Town of Nantucket website, or shall mail a copy of such warrant to the address or postal box of each Head of Household registered as a voter with the Town Clerk, or shall email a copy of such warrant to the email address provided by any voter to the Board of Selectmen by mailing a copy of such warrant to the address or postal box of each registered voter at least seven days prior to the To wn Meeting. or take any other action in relation thereto. (Catherine Flanagan Stover, et al) ARTICLE 51 (Charter Amendment) To see if the Town will vote to: amend the Charter for the Town of Nantucket, Chapter 289 of the Acts of 1996, by amending Article III Board of Selectmen to read as follows: Page 42 Town of Nantucket 2013 Annual Town Meeting and Election Warrant (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) Section 3.1 – Composition, Term of Office and Quorum (a) The Board of Selectmen shall be composed of five members elected for terms of three years each, so arranged that the terms of as nearly equal number of members as possible expire each year. To qualify for office, each mem ber shall be and remain a resident of the Town. Three of the five members shall constitute a quorum. A majority of th e quorum shall be sufficient to set the Board’s meeting agenda and to decide any question, except as may be otherwise provided by law or this Char ter. (b) Additionally, one Alternate member shall be sworn by the Town Clerk. Said member shall be the candidate who receives the next highest number of votes in the annual election, who is willing to serve, after the one or two annual office(s) is filled by the annual election,. (c) In order to ensure that a quorum may be reached, especially in times when death or disability prevents one or more Board members from serving, the Alternate Selectman shall automatically serve until a quorum of the Board is again reached. In the case of absence due to illness, a majority of the Board may designate that the Alternate serve during the period of the absence. (d) There shall be no compensation for the Alternate Selectman seat. Or take any other action in relation thereto. (Catherine Flanagan Stover, et al) ARTICLE 52 (Home Rule Petition: Airport Revolving Fund) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto. An Act Relative to the Nantucket Memorial Airport Fuel Revolving Account SECTION 1. Chapter 28 of the acts of 2004 is hereby amended by inserting at the end of section 1 the following:- This fund shall not be included in the calculation of the aggregate limit of all revolving funds authorized under section 53E½ of said chapter 44. SECTION 2. This act shall take effect upon its passage. (Board of Selectmen for Airport Commission) NOTE: The above home rule petition was approved as Article 20 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were Page 43 Town of Nantucket 2013 Annual Town Meeting and Election Warrant not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. ARTICLE 53 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectmen and General Court to vary the specific text of the requested legislation within the scope of the general public objectives of this home rule petition, such legislation to read substantially as follows: AN ACT AMENDING THE NANTUCKET HISTORIC DISTRICT COMMISSION ACT Section 1. An Act Establishing An Historic District Commission For The Town Of Nantucket And Establishing Nantucket Island As The Historic District (being chapter 395 of the Acts of 1970, as amended by chapter 708 of the Acts of 1972, chapter 300 of the Acts of 1984, as amended by chapter 291 of the Acts of 1985, as amended by chapter 735 of the Acts of 1987, as amended by chapter 333 of the Acts of 1989, as amended by chapter 314 of the Acts of 1990, as amended by chapter 193 of the Acts of 1998, as amended by chapter 57 of the Acts of 2000, as amended by chapter 90 of the Acts of 2002, as amended by chapter 90 of the Acts of 2010, referred to collectively as the "HDC Act") is hereby amended as follows: a. by striking out the definition of "structure" in Section 2A and inserting in its place thereof the following definition: "Structure" a combination of materials, other than a building, that includes, a vending machine, sign, fence, terrace, walk, driveway and object that needs a gravel or cement footing, or a fastener to keep it in place. b. By adding a new Section 8(a) entitled "Applicant's Rights" as follows: HDC members shall act with proper conduct and ethics based on the rules and regulations adopted by the Historic District Commission pursuant to Section 8 of the HDC Act. If an applicant believes that a member or members of the HDC have violated such rules and regulations, the applicant may use the procedure set forth in Section 5.4 of the Town's Charter entitled "Recall of Elected Officials". Or to take any other action related thereto. (Board of Selectmen) Page 44 Town of Nantucket 2013 Annual Town Meeting and Election Warrant NOTE: The above home rule petition was approved as Article 80 at the 2011 Annual Town Meeting and Article 72 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the Legislature, which were not acted upon by December 31, 2012 will expire unless renewed by a confirmatory town meeting vote. ARTICLE 54 (Home Rule Petition: Land Bank Real Estate Conveyance) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts notwithstanding the provisions of any general or special law to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of any or all portion of certain land situated in the Town of Nantucket totaling approximately 38.5 acres shown on Town of Nantucket Assessor’s Map 89, Parcel 6, 6.1 and 6.2. Section 2. This act shall take effect upon its passage. Or to take any other action related thereto. (Board of Selectmen for Nantucket Islands Land Bank Commission) NOTE: The above home rule petition was approved as Article 82 at the 2011 Annual Town Meeting and Article 73 at the 2012 Annual Town Meeting. Home rule petitions currently pending before the Legislature, which were not acted upon by December 31, 2012 will expire unless renewed by a confirmatory town meeting vote. ARTICLE 55 (Home Rule Petition: Real Estate Conveyance to Land Bank) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: Page 45 Town of Nantucket 2013 Annual Town Meeting and Election Warrant AN ACT AUTHORIZING THE TOWN OF NANTUCKET TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the Town of Nantucket may transfer, sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and described as follows:  Assessors Map 38, Parcel 30, 55 Warrens Landing Road, shown as Lot C on Land Court Plan 12127-B, drawn by Josiah S. Barrett, Engineer, dated July 1950, and filed with Certificate of Title No. 3255 at the Registry District of Nantucket County (a.k.a. The Wood Property). Section 2. This act shall take effect upon its passage. Or to take any other action related thereto. (Board of Selectmen) NOTE: This parcel will be transferred for conveyance to the Land Bank. This article was approved as Article 74 at the 2012 Annual Town Meeting. Home rule petitions currently pending before the Legislature, which were not acted upon by December 31, 2012 will expire unless renewed by a confirmatory town meeting vote. ARTICLE 56 (Home Rule Petition: Harbor and Shellfish Advisory Board) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto. AN ACT EXEMPTING THE HARBOR AND SHELLFISH ADVISORY BOARD MEMBERSHIP FROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSING Section 1. The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a Harbor and Shellfish Advisory Board in the Town of Nantucket”) as amended by Chapter 270 of the Acts of 1979 (“An Act Providing for the Filling of Vacancies on the Harbor and Shellfish Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new sentence at the end of the existing text: Page 46 Town of Nantucket 2013 Annual Town Meeting and Election Warrant “It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory Board to provide an advisory role for commercial fishermen and those who make a living from the sea, to the Nantucket Board of Selectmen, therefore to encourage such persons to participate in this publicly elected advisory board, the members of the Board shall be exempt from Chapter 268A subsections (a) and (c) of section 17 of the Massachusetts General Laws and from Chapter 268A section 19(a) of the Massachusetts General Laws when participating in the particular matter of providing advice and recommendations to the Board of Selectmen regarding shellfish fishing, harvesting, licensing and fishery standards.” Section 2. This act shall take effect upon its passage. Or to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 66 of the 2009 Annual Town Meeting; Article 62 of the 2010 Annual Town Meeting; Article 83 of the 2011 Annual Town Meeting and Article 75 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. ARTICLE 57 (Home Rule Petition: Nantucket Mosquito Control Project) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for a special act creating the Nantucket Mosquito Control Project, in the form set forth herein; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court; and, provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition: AN ACT ESTABLISHING THE NANTUCKET MOSQUITO CONTROL PROJECT Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: Section 1. Section 2 of chapter 169 of the acts of 1965 is hereby amended by striking out the words “mosquito control commission” from the first sentence. Section 2. The area included in the county and town of Nantucket is hereby constituted a mosquito control project under section five A of chapter two hundred and fifty-two of the General Laws, to the same extent as if so constituted by the state reclamation board acting under said section five A, and the improvements herein authorized shall be undertaken under the identifying name of the Nantucket Mosquito Control Project. Page 47 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Section 3. There shall be a commission as provided under said section five A of chapter two hundred and fifty-two which shall consist of five members. The members shall be appointed by the board of selectmen, subject to approval of the state reclamation board. Of the members first appointed hereunder, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years, and each shall serve until the qualification of their respective successors. Upon the expiration of the term of any member, his successor shall be appointed in like manner for a term of five years. The commission shall elect its own chairman and clerk and shall keep accurate records of its meetings. Or to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 76 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. ARTICLE 58 (Home Rule Petition: Regulation of Fertilizer Use) To see if the Town will vote to re-authorize the Board of Selectmen to petition the General Court to enact Special Legislation so as to carry out the vote taken under Article 68 of the April 6, 2010 Annual Town Meeting, as follows; provided the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the General Court. The Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition, or take any other action relative thereto: An Act Regulating the Content and Application of Fertilizer Used in the Town of Nantucket Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: Section 1. Findings 1.1. There is sound scientific evidence to conclude that nitrogen and phosphorus in fertilizers are contaminants that negatively affect fresh and salt waters when present in excessive amounts. These excessive amounts of nitrogen and phosphorus contribute to undesirable algae and aquatic plant growth within all Nantucket water bodies. This undesirable algae and aquatic plant growth has a adverse affect on public health through the degradation of waters used for drinking water, shellfishing, and recreational swimming and boating. Section 2. Purpose Page 48 Town of Nantucket 2013 Annual Town Meeting and Election Warrant 2.1. It is necessary to control by regulation in the Town of Nantucket the use of fertilizer that contains phosphorus and nitrogen so as to improve the water quality of the Town. 2.2. The soils of Nantucket are unique insofar as Nantucket has significant amounts of coarse, sandy soils that are subject to rapid water infiltration, percolation and leaching of nutrients, and such unique local conditions require that Nantucket retain localized control over the amounts of nitrogen and phosphorus added to soils through the application of fertilizers. 2.3. The Nantucket Board of Health has established a fertilizer regulation based on Best Management Practices developed by a broad group of stakeholders representing diverse interests that has been reviewed by soil and turf scientists and educators and has been determined appropriate for the unique soils and climate of Nantucket. 2.4. This Act provides for a reduction of nitrogen and phosphorus going into Nantucket’s waters and wetlands by means of an organized system of education, licensure, and regulation of practice and should help Nantucket to achieve compliance with the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts for nitrogen and phosphorus in its waters. Section 3. Local Regulation by the Town of Nantucket 3.1. This Act shall apply to the content and application of fertilizer used in the Town of Nantucket, notwithstanding any General or Special law to the contrary, including but not limited to any General or Special law conferring exclusive authority upon the Department of Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth. 3.2. The Town of Nantucket is hereby specially authorized to regulate the content and application of fertilizer used in the Town of Nantucket either through a general bylaw enacted by a majority vote of its Town Meeting and/or through a regulation adopted by its Board of Health in accordance with the procedure set forth in Section 3.3 of this Act. 3.3. Notwithstanding the requirements of G.L. c. 111, §31, no such Board of Health regulations shall be adopted or amended until such time as the Board of Health shall hold a public hearing thereon, notice of the time, place and subject matter of which, sufficient for identification, shall be given by publishing in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than fourteen days prior to the date set for such hearing. No such amendment shall be effective unless the proposed amendment has been reviewed and commented upon by soil and turf scientists and educators and it is passed by a four-fifths vote of the Board of Health. Section 4. Effective Date This act shall take effect upon passage. Or to take any other action related thereto. Page 49 Town of Nantucket 2013 Annual Town Meeting and Election Warrant (Board of Selectmen) NOTE: The above home rule petition was approved as Article 77 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. ARTICLE 59 (Home Rule Petition: Community Preservation Committee) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: An Act relative to the Community Preservation Committee in the Town of Nantucket Section 1. Notwithstanding the provisions of section 5(a) of chapter 44B of the general laws, or of any other general or special law to the contrary, where the historical commission of the town of Nantucket created under section 8D of chapter 40 did not exist at the time the Community Preservation Act was adopted by said town, the community preservation committee in the town of Nantucket shall include one member of the historic district commission established under section 4 of chapter 40C of the general laws, as selected by the commission, in place of one member of the historical commission. Provided, however, that the preceding sentence shall not be interpreted to preclude the town of Nantucket from including a member of said historical commission on the community preservation committee either by appointment or election consistent with the then applicable community preservation committee bylaw. Section 2. This act shall take effect upon passage. Or to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 67 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. ARTICLE 60 (Home Rule Petition: Conveyance of Property by the County/Smooth Hummocks – Moorlands Management District) 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 Page 50 Town of Nantucket 2013 Annual Town Meeting and Election Warrant 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; and to authorized the Board of Selectmen to convey said parcel to the Nantucket Islands Land Bank subject to certain restrictions set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto An Act Approving the Conveyance of Property by the County and Town 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 Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests of any portion of Assessor Map 82, Parcel 22, Heller Way/Smooth Hummocks to the Nantucket Islands Land Bank for beach and open space purposes, any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions and provided that the following easements and restrictions are placed on the property prior to its conveyance: (1) an easement for purposes of access to the beach and for use as a beach, otherwise known as the “One Big Beach Easement”; (2) an easement preserving the right to use two (2) traveled ways that cross the subject property for all purposes for which public ways are commonly used; (3) the right to dedicate, construct, or otherwise establish parking areas consistent with the purpose of restriction (1) above; and (4) a right of reverter clause for a reversion of title to the Town in the event the above restrictions are violated, all as shown on a map entitled “2013 Annual Town Meeting Warrant Article 60” dated January 2013 and filed herewith at the Office of the Town Clerk. Section 3. 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 4. This Act shall take effect upon passage. Or to take any other action relative thereto. (Board of Selectmen) NOTE: A home rule petition was approved as Article 14 of the October 22, 2012 Special Town Meeting to authorize the transfer of the land from the County to the Town. Home Page 51 Town of Nantucket 2013 Annual Town Meeting and Election Warrant rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. In addition, the original Home Rule Petition has been modified to further authorize the transfer of the same land from the Town to the Nantucket Islands Land Bank subject to the restrictions listed in section 2 above. ARTICLE 61 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the Town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act of 1970, as amended, to provide that HDC Commissioners be limited to two (2) consecutive terms in office. Or to take any other action related thereto. (Curtis L. Barnes, et al) ARTICLE 62 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the Town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act of 1970, as amended, to provide that the jurisdiction of the Historic District Commission be limited to the (1) Old and Historic District, and (2) Old and Historic Siasconset District, as specified by the Supreme Judicial Court of Massachusetts in the initial Enabling Act of 1955. Or to take any other action related thereto. (Curtis L. Barnes, et al) ARTICLE 63 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the Town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act of 1970, as amended, to provide that HDC Commissioners be appointed by the Selectmen, as specified by the Supreme Judicial Court of Massachusetts in the initial Enabling Act. of 1955. Or to take any other action related thereto. (Curtis L. Barnes, et al) ARTICLE 64 (Home Rule Petition: Funeral Directors, Embalmers, Funeral Homes, and Crematories) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto. AN ACT EXEMPTING THE TOWN OF NANTUCKET FROM THE PROVISIONS OF MGL and THE CODE OF MASSACHUSETTS REGULATIONS REGARDING FUNERAL DIRECTORS, EMBALMERS, FUNERAL HOMES, and CREMATORIES Page 52 Town of Nantucket 2013 Annual Town Meeting and Election Warrant Section 1. Funeral Directors and Embalmers: Notwithstanding the provisions of MGL Ch. 112, § 83 and 239 CMR 3.02, Type 3 Funeral Directors and Embalmers shall be exempted from holding any ownership shares in any funeral establishment on Nantucket Island. Section 2. Establishments: Notwithstanding the provisions of 239 CMR 3.06.(1)(b), any funeral establishment on Nantucket Island shall not be mandated to have a chapel; and of 239 CMR 3.06 (1) f) any funeral establishment on Nantucket Island may consist of more than one building or more than one lot of land, said buildings and/or lots shall not be required to be adjoining or connecting. Section 3. Notwithstanding the provisions of MGL Ch. 114, §43B, the placement of any future crematory sited on Nantucket Island shall be determined by the Nantucket Cemetery Commission, created pursuant to the Acts of 2011, Chapter 47, or a vote at an Annual Town Meeting. Such crematory may be sited as an auxiliary use of any public or private cemetery, or may be sited on a single parcel of town-owned land. Section 4. This act shall take effect upon its passage. Or to take any other action related thereto. (Catherine Flanagan Stover, et al) ARTICLE 65 (Home Rule Petition: Cessation of Longevity Payments for Nantucket Town and County Employees) To see if the Town will vote to present the Home Rule Petition as set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce the legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested petition within the scope of the public policy objectives of the Home Rule Petition set forth below, or take any other action relative thereto: An Act Relative to Longevity Payments for Employees of the Town and County of Nantucket SECTION 1. Notwithstanding section 7 of chapter 150E of the General Laws, or of any other general or special law to the contrary, no individual commencing employment with the Town or County of Nantucket on or after the effective date of this Act shall be eligible to receive periodic payments to employees based on years of service, hereinafter referred to as “longevity payments”, and such payments to such individuals commencing employment with the Town or County of Nantucket on or after the effective date of this Act shall not be a subject of collective bargaining between the Town and County of Nantucket and any of their collective bargaining units; provided, however, that any employee of the Town or County of Nantucket covered on the effective date of this act by a collective bargaining agreement, individual employment agreement, or personnel Page 53 Town of Nantucket 2013 Annual Town Meeting and Election Warrant policy or by-law providing for such payments shall continue to be eligible for longevity payments. SECTION 2. This act shall take effect upon its passage. (Craig Spery, et al) ARTICLE 66 (Home Rule Petition: Relative to Retirement Benefits for Nantucket Town and County Employees) To see if the Town will vote to present the Home Rule Petition as set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce the legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested petition within the scope of the public policy objectives of the Home Rule Petition set forth below, or take any other action relative thereto: An Act relative to Retirement Benefits for Employees of the Town and County of Nantucket SECTION 1. Notwithstanding section 1 of chapter 32 of the General Laws, or of any other general or special law to the contrary, no individual commencing employment with the Town or County of Nantucket on or after the effective date of this Act shall be deemed an “employee” under section 1 of said chapter 32 nor otherwise be eligible by virtue of employment with said Town or County to participate in the Barnstable County Retirement System or in any other contributory retirement system operated by the Commonwealth or any political subdivisions thereof. This Act shall not preclude persons employed by the Town or County of Nantucket from participating in a so-called IRC Section 457 plan or comparable plan as may be sponsored by said Town or County. SECTION 2. This act shall take effect upon its passage. (Craig Spery, et al) ARTICLE 67 (Reaffirm Separation of Police and Fire Departments) To see if the Town will vote to reaffirm the continuation of separate Fire and Police Departments, with each department run by a fire chief and police chief, with each being the distinct department head for their respective department, or take any other action relative thereto. (Jeffrey M. Allen, et al) Page 54 Town of Nantucket 2013 Annual Town Meeting and Election Warrant ARTICLE 68 (Non-binding “Sense of the Meeting” Request for Town Support of “The Nantucket Life Foundation”) To see if the Town will vote to support the formation of THE NANTUCKET LIFE FOUNDATION. Said Foundation, a nonprofit organization, shall endeavor to purchase the current funeral business, to petition the Town of Nantucket to provide land to construct a not-for-profit funeral home, to hire and supervise employees, to establish a not-for-profit crematory, and to assist the Nantucket Cemetery Commission to facilitate the care and maintenance of Nantucket’s public cemeteries and ancient burial places. Or to take any other action related thereto. (Catherine Flanagan Stover, et al) ARTICLE 69 (Request for Establishment of Tick-borne Disease Reduction Committee) To see if the Town will vote to establish a Tick-borne Disease Reduction Committee. (Carol Dunton, et al) ARTICLE 70 (Request to Increase Town Meeting Quorum for Appropriations and Transfers) To see if the Town will vote that no appropriations be made at any Annual Town Meeting unless there are present voters constituting at least 8% of the registered voters; provided, however, that said quorum would not be necessary to approve the transferring of funds previously appropriated or from the surplus revenue accounts. In the event that a vote is needed to approved the transference of such funds, there must be present at least 6% of the registered voters. (Carol Dunton, et al) ARTICLE 71 (Non-Binding Resolution: Photovoltaic Solar) To see if the Town will vote to: adopt a non-binding resolution directed to the Board of Selectmen and the Airport Commission to pursue the development of photovoltaic solar systems at the airport and wastewater treatment facility, or to take any other action related thereto. (Barbara Gookin, et al) ARTICLE 72 (Non-Binding Resolution: Renewable Energy Power Source for Electric Vehicle Charging Stations) To see if the Town will vote to: adopt a non-binding resolution directed to the Town Administration to include an independent renewable energy power source for any new electric vehicle charging stations, or to take any other action related thereto. Page 55 Town of Nantucket 2013 Annual Town Meeting and Election Warrant (Barbara Gookin, et al) ARTICLE 73 (Real Estate Disposition: 47 Boulevarde) To see if the Town will vote to transfer from the Town Treasurer for Tax Title purposes or from such other board or officer as might have custody of the land described below for the purposes for which the land is currently held, to the Board of Selectmen for the purpose of lease or conveyance, and to authorize the Board to lease said land for a period of up to 50 years or convey said land, the property at issue being located at 47 Boulevarde, Assessor’s Map 79, Parcel 75, upon such terms and conditions, and for such consideration, as the Board of Selectmen deems appropriate; and provided further that if the Board of Selectmen determines that the property should be conveyed for affordable housing purposes, the Board of Selectmen be authorized to convey to a non-profit corporation, foundation, trust or organization an affordable housing restriction in said property, or to take any other action related thereto. (Board of Selectmen) ARTICLE 74 (Real Estate Acquisition: 2 Bartlett Road) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for public ways, open space and/or general municipal purposes the fee title or lesser interests all or a portion of the land located at 2 Bartlett Road, Assessor’s Map 67, Parcel 14.3. And, to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes Or to take any other action related thereto. (Board of Selectmen) ARTICLE 75 (Real Estate Conveyance: Industrial Land) To see if the Town will vote to authorize the Board of Selectmen to sell, convey by lease not exceeding 99 years or otherwise dispose of the fee or lesser interests in all or any portion of Lots F and G, and Shadbush Road between said parcels, not exceeding five (5) acres, as shown on a plan entitled “Subdivision Plan of Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-62, which parcels, respectively, are located at 3 Shadbush Road, Nantucket, MA, shown as Map 78, Parcel 4.5, and 11 Industry Road, Nantucket, MA, shown as Map 69, Parcel 295, subject to compliance with Chapter 30B of the Massachusetts General Laws and a finding by the Board of Selectmen that such sale, conveyance or release furthers community planning and environmental protection goals. Page 56 Town of Nantucket 2013 Annual Town Meeting and Election Warrant All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 75” dated January 2013 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 76 (Real Estate Conveyance: Easements/Industry Road and Shadbush Road; Map 78 Parcel 4) To see if the Town will vote to authorize the Board of Selectmen to grant permanent access and utility easements for the purposes of installing, operating and maintaining certain electric distribution and telecommunication lines and equipment for the purposes of transmitting electricity and intelligence, on, over, through and under land owned by the Town situated at Industry Road and Shadbush Road within Map 78 Parcel 4; and to take any other action related thereto. (Board of Selectmen) ARTICLE 77 (Real Estate Disposition: Long-term Lease Authorization, 14 Airport Road) To see if the Town will vote to authorize the Airport Commission to lease for a lease term not to exceed ten (10) years part of the following Town-owned property located at 14 Airport Road, Map 78, Parcel 1, described as Airport Terminal Concessions as depicted on Terminal First Floor Partial Plan - Area C, and prepared by Earth Tech Architecture, for concession purposes, subject to Massachusetts G.L. c. 30B; and .to take any other action related thereto. (Board of Selectmen for Airport Commission) ARTICLE 78 (Real Estate Disposition: Long-term Lease Authorization/Town Property at Landfill) To see if the Town will vote to authorize the Board of Selectmen to lease for a lease term not to exceed twenty-five (25) years part of the following Town-owned property located at 188 Madaket Road, and further described as Assessor Map 58, Parcel 1 and Assessor Map 39, Parcel 14, for telecommunications tower purposes, subject to Massachusetts G.L. c. 30B; and to take any other action related thereto. (Board of Selectmen) ARTICLE 79 (Public Ways: Coffin, Fayette, Meader and Francis Streets) To see if the Town will vote to accept Coffin, Fayette, Meader and Francis Streets between Washington Street and Union Street as public ways, as laid out by the Board of Selectmen; and further to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain, or otherwise the fee or any lesser interest in said roadways; and, to Page 57 Town of Nantucket 2013 Annual Town Meeting and Election Warrant raise and appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; or to take any other action relative there. (Board of Selectmen) ARTICLE 80 (Real Estate Acquisition: Various “Paper” Streets and Misc. Parcels) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for public ways, open space and/or general municipal purpose and for the purpose of conveyance the fee title or lesser interests, together with any public and private rights of passage, in all or any portions of the following unconstructed right of ways or parcels of land:  Macy Street, New York Avenue and Clinton Street (Monomoy) from the southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their southern termini;  Tennessee Avenue (Madaket) between the eastern sideline of C Street and the western sideline of D Street;  Saccacha Avenue (Cisco) from a line across said street approximately 300 feet from its terminus to its terminus;  South Miacomet Road (Cisco) from the western sideline of Westerwyck Way to its terminus;  California and New Hampshire Avenues (Madaket) between the eastern sideline of Ames Avenue and the western sideline of Massachusetts Avenue;  Massachusetts Avenue (Madaket) between the a line extending the southern sideline of Rhode Island Avenue and the southern sideline of California Avenue;  Hinsdale Road (Mid-Island) between a line extending the westerly sideline of a Proprietors Road across said street to a line extending the western lot line of a property shown as Assessor Map 68, Parcel 404 (72A Old South Road) across said street;  Weweeder Avenue between the eastern sideline of and the western sideline of Barker Street (Maddequecham);  Monomoy Street between the northern sideline of East Lincoln Street to the southern sideline of Northern Avenue; a portion of Galen Street from a line extending the easterly property line of Assessor Map 29 Parcel 116 across Galen Street to the eastern sideline of Monomoy Street and all of Northern Avenue as shown on Land Court Plan 14993A (Brant Point); Page 58 Town of Nantucket 2013 Annual Town Meeting and Election Warrant  143 B Surfside Road, Assessor Map 80 Parcel 101.3;  Assessor Map 60.2.4 Parcel 53, Alabama Avenue (Madaket);  Assessor Map 92.4 Parcel 139, Nichols Road (Tom Nevers);  Assessor Map 60.3.1 Parcels: 192 and 394, New Hampshire Avenue (Madaket);  Assessor Map 61.1.1 Parcels: 159 and 175, Missouri Avenue (Esther’s Island);  Assessor Map 61.1.4 Parcels 75 and 76, Wisconsin Avenue (Esther’s Island);  Assessor Map 36.3.2 Parcels 2, 5 and 8, New York Avenue (Esther’s Island/Smith’s Point);  2408 F Sheet 1, all lots in Blocks 6,7,8,9,and 10; 2408F Sheet 2, all lots in Blocks 1,2,3,4 and 5; 2408P Block 63, Lots 31 and 32, 2408R Block 78 Lots 8 and 9: 2408 S Block 50 Lots 1-14; Block 57, Lots 16, 17, 20,21, 26- 31; and Block 58 Lots 25-41, Block 64 1 and 2; 2408 T Block 67 Lots 6 and 7 (Esther’s Island/Smith’s Point); All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 80 Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January 2013 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 81 (Real Estate Conveyance: Various “Paper” Streets and Misc. 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 subject land pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, (2) dedicate all or any portion of the subject land for open space and recreational purposes, and/or (3) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in regard to the following land: Page 59 Town of Nantucket 2013 Annual Town Meeting and Election Warrant  Macy Street, New York Avenue and Clinton Street (Monomoy) from the southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their southern termini;  Tennessee Avenue (Madaket) between the eastern sideline of C Street and the western sideline of D Street;  Saccacha Avenue (Cisco) from a line across said street approximately 300 feet from its terminus to its terminus;  South Miacomet Road (Cisco) from the western sideline of Westerwyck Way to its terminus;  California and New Hampshire Avenues (Madaket) between the eastern sideline of Ames Avenue and the western sideline of Massachusetts Avenue;  Massachusetts Avenue (Madaket) between the a line extending the southern sideline of Rhode Island Avenue and the southern sideline of California Avenue;  Hinsdale Road (Mid-Island) between a line extending the westerly sideline of a Proprietors Road across said street to a line extending the western lot line of a property shown as Assessor Map 68, Parcel 404 (72A Old South Road) across said street;  Weweeder Avenue between the eastern sideline of and the western sideline of Barker Street (Maddequecham);  Monomoy Street between the northern sideline of East Lincoln Street to the southern sideline of Northern Avenue; a portion of Galen Street from a line extending the easterly property line of Assessor Map 29 Parcel 116 across Galen Street to the eastern sideline of Monomoy Street and all of Northern Avenue as shown on Land Court Plan 14993A (Brant Point);  5 (Lot 3 containing 38,010 square feet shown on Plan 2010-35 on file at the Nantucket Registry of Deeds) and 9 (Lot 2 containing 26,461 square feet shown on Plan 2010-35 on file at the Nantucket Registry of Deeds) Miacomet Road, Assessor Map 67 Parcels 680 and 679;  143B Surfside Road, Map 80 Parcel 101.3;  143A Surfside Road, Map 80 Parcel 101.2;  2 Ames Avenue, Map 60 Parcel 138 (Madaket);  15 Ames Avenue, Map 60.2.4 Parcels 27 and 29 (Madaket); Page 60 Town of Nantucket 2013 Annual Town Meeting and Election Warrant  Parcel G and a portion of Parcel C on Plan No. 2012-20 (formerly part of the Boulevarde (Madequecham)); All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 81 Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January 2013 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 82 (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 roadway, bike path, pedestrian access, school-related 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 83 (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, cemetery or open space purposes or for the purposes of conveyance; if acquired for general municipal or open space purposes, the property shall be placed in the care, custody and control of the Board of Selectmen; if acquired for cemetery purposes, to place such property in the care, custody, and control of the Nantucket Cemetery Commission; 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 or for any legal purpose subject to MGL Chapter 30B, 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 Page 61 Town of Nantucket 2013 Annual Town Meeting and Election Warrant 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 84 (Authorization for Lease at Landfill for Community Scale Wind Turbine) To see if the Town will vote to: authorize the Board of Selectmen to enter into a lease or other arrangement with a vendor, subject to the provisions of any existing land lease, at the Nantucket landfill for the development of a community scale wind turbine similar in size and specifications to the Nantucket High School wind turbine for a term not to exceed twenty years, and further to authorize the Board of Selectmen to enter into a Power Purchase Agreement with the lessee for the purchase of the electricity generated by the wind turbine on such terms and conditions as the Board of Selectmen deem to be in the best interests of the Town, or to take any other action related thereto. (Barbara Gookin, et al) ARTICLE 85 (Real Estate: Martin’s Lane) To see if the Town will vote to: instruct the Board of Selectmen/County Commissioners to abolish the use of Martins lane from motorized traffic and convert it to a pedestrian use only. (John F. McLaughlin, et al) ARTICLE 86 (Appropriation: Stabilization Fund) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of the Stabilization Fund in accordance with Chapter 40 section 5B of the Massachusetts General Laws, from which appropriations may be made by a two-thirds vote of an Annual or Special Town Meeting for any purpose for which a municipality may borrow money or for any other lawful purpose; said sum not to exceed ten percent (10%) of the Fiscal Year 2013 tax levy. Or to take any other action related thereto. (Board of Selectmen) ARTICLE 87 (Appropriation: Free Cash) To see what sum the Town will vote to transfer from Free Cash in the treasury to meet the appropriations for the ensuing Fiscal Year and to authorize the Assessors to Page 62 Town of Nantucket 2013 Annual Town Meeting and Election Warrant use in the fixing the tax rate, pass any vote, or take any other action related thereto. (Board of Selectmen) ********************************************************************* To act upon and transact any business relative to the foregoing subjects which may, then and there, come before said meeting. In addition, you are directed to notify and warn the inhabitants of the Town of Nantucket qualified to vote in Town affairs to go to the Nantucket High School at 10 Surfside Road in said Nantucket, on TUESDAY, THE NINTH DAY OF APRIL, 2013 BETWEEN THE HOURS OF 7:00 AM and 8:00 PM for the following purpose: To cast their votes in the Annual Town Election for the election of candidates for the following offices: Moderator One for a term of one year Town Clerk One for a term of three years Selectman Two for terms of three years School Committee One for a term of three years Historic District Commission Two for terms of three years Historic District Commission Associate One for a term of three years Nantucket Housing Authority One for a term of five years Nantucket Islands Land Bank Commission One for a term of five years Harbor and Shellfish Advisory Board Three for terms of three years Planning Board One for a term of five years Nantucket Water Commission One for a term of three years Siasconset Water Commission One for a term of three years Page 63 Town of Nantucket 2013 Annual Town Meeting and Election Warrant ********************************************************************* Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of meeting and election aforesaid. Given under our hands this 23rd day of January in the year Two Thousand Thirteen. ____________________________________ 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 January 23, 2013, 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 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 1 Town of Nantucket  OFFICE OF THE TOWN & COUNTY CLERK 16 Broad Street NANTUCKET, MASSACHUSETTS 02554-3590 Catherine Flanagan Stover, MMC, CMMC Town & County Clerk (508) 228-7216 FAX (508) 325-5313 Home: (508) 228-7841 Email: cstover@nantucket-ma.gov townclerk@nantucket-ma.gov WEBSITE: http://www.nantucket-ma.gov  2013 ANNUAL TOWN MEETING 2013 The following is a summary of the articles called and discussed, and the vote taken by the 2013 Annual Town Meeting held at the Nantucket High School, Mary P. Walker Auditorium, 10 Surfside Road, on April 2, 2013. Nantucket High School Junior James Roggeveen was the official Time Keeper. Tuesday, April 2, 2013 – Meeting called to order at 6:08 PM. There were 292 registered voters when the meeting was called to order. There were 327 voters present at the first counted vote. Ultimately, 397 registered voters were in attendance. The following “Pot of Uncalled Articles” was voted unanimously in accordance with the motions recommended by the Finance Committee or, in the absence of a Finance Committee motion, then in accordance with the motions as recommended by the Planning Board, as printed in the Finance Committee Report, with technical amendments brought forward during the course of the meeting: 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 48, 49, 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 67, 75, 76, 77, 79, 80, 81, 82, and 83. At 10:16 PM, there was a Unanimous Vote to recess until Wednesday night, April 3, 2013, at 6 PM. __________________________________________________________________ Wednesday, April 3, 2013 – Meeting called to order at 6:02 PM. There were 242 registered voters in attendance. Eleven articles were discussed and voted. ___________________________________________________________________ Article 1: Receipt of Reports (Not Called) Adopted by Unanimous Voice Vote Article 2: Appropriation: Unpaid Bills (Not Called) Adopted by Unanimous Voice Vote Article 3: Appropriation: Prior Year Articles (Not Called) Adopted by Unanimous Voice Vote 2 Article 4: Revolving Accounts: Annual Authorization (Not Called) Adopted by Unanimous Voice Vote Article 5: Appropriation: Reserve Fund (Not Called) Adopted by Unanimous Voice Vote Article 6: FY 2013 General Fund Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 7: Personnel Compensation Plans for FY 2014 (Not Called) Adopted by Unanimous Voice Vote Article 8: Appropriation: FY 2014 General Fund Operating Budget (Not Called) Adopted by Unanimous Voice Vote Article 9: Appropriation: Health and Human Services (Not Called) Adopted by Unanimous Voice Vote Article 10: Appropriation: General Fund Capital Expenditures (Called) Adopted with Technical Amendments by Majority Voice Vote Article 11: Appropriation: Enterprise Funds Operation (Not Called) Adopted by Unanimous Voice Vote Article 12: Appropriation: Enterprise Funds Capital Expenditures (Not Called) Adopted by Unanimous Voice Vote Article 13: Enterprise Funds: Fiscal Year 2013 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 14: Appropriation: Waterways Improvement Fund (Not Called) Adopted by Unanimous Voice Vote Article 15: Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2014 (Not Called) Adopted by Unanimous Voice Vote Article 16: Appropriation: Ambulance Ambulance Fund (Not Called) Adopted by Unanimous Voice Vote Article 17: Appropriation: County Assessment (Not Called) Adopted by Unanimous Voice Vote Article 18: Appropriation: Finalizing Fiscal Year 2014 County Budget (Not Called) Take No Action by Unanimous Voice Vote Article 19: Rescind Unused Borrowing Authority (Not Called) Adopted by Unanimous Voice Vote Article 20: Appropriation: Ferry Embarkation Fee (Not Called) Adopted by Unanimous Voice Vote 3 Article 21: Appropriation: Collective Bargaining Agreement/Fire (Not Called) Adopted by Unanimous Voice Vote Article 22: Appropriation: Collective Bargaining Agreement/Airport Union (Not Called) Take No Action by Unanimous Voice Vote Article 23: Appropriation: Collective Bargaining Agreement/Our Island Home (Not Called) Take No Action by Unanimous Voice Vote Article 24: Appropriation of Insurance Proceeds: Airport Enterprise Fund (Not Called) Adopted by Unanimous Voice Vote Article 25: Community Preservation Committee: Fiscal Year 2014 Budget Transfers (Not Called) Adopted by Unanimous Voice Vote Article 26: Appropriation: FY 2014 Community Preservation Fund (Not Called) Adopted by Unanimous Voice Vote Article 27: Appropriation: Prospect Hill Bike Path (Called) Not Adopted by Majority Voice Vote Article 28: Appropriation: FY 2014 Tick-borne Disease Reduction Program (Called) Not Adopted by Majority Voice Vote Article 29: Appropriation: Other Post-Employment Benefits Trust Fund (Called) Adopted by Majority Voice Vote Article 30: Zoning Bylaw Amendment: Permitted Uses (Called) Adopted by Declared 2/3 Majority Voice Vote Article 31: Zoning Bylaw Amendment: Formula Business – Definition Modification (Not Called) Adopted by Unanimous Voice Vote Article 32: Zoning Map Change: Brant Point Area Plan Implementation – LC to CN and R5 and RC to R-10 (Not Called) Adopted by Unanimous Voice Vote Article 33: Zoning Map Change: Holdgate Property – Old South Road RC-2 to CN (Not Called) Adopted by Unanimous Voice Vote Article 34: Zoning Bylaw Amendment: Town and County Overlay District Boundary Adjustments (Not Called) Adopted by Unanimous Voice Vote Article 35: Zoning Map Change: R-20 to R-10 Meadow Lane (Not Called) Adopted by Unanimous Voice Vote Article 36: Zoning Bylaw Amendment and Zoning Map Change: Village Height Overlay District and Hummock Pond Farms (Not Called) Take No Action by Unanimous Voice Vote 4 Article 37: Zoning Bylaw Amendment: VTEC/VR Intensity Regulations (Not Called) Adopted by Unanimous Voice Vote Article 38: Zoning Map Change: Siasconset SR-20 to SR-10 (Not Called) Adopted by Unanimous Voice Vote Article 39: Zoning Bylaw Amendment: Intensity Regulations (Not Called) Take No Action by Unanimous Voice Vote Article 40: Zoning Bylaw Amendment: Secondary Dwelling (Not Called) Adopted by Unanimous Voice Vote Article 41: Wind Turbine Moratorium (Called) Adopted by Majority Voice Vote Article 42: Bylaw Amendment: Board of Sewer Commissioners/Town Sewer Map District Changes (Not Called) Adopted by Unanimous Voice Vote. Article 43: Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer Map District Changes (Not Called) Adopted by Unanimous Voice Vote Article 44: Bylaw Amendment: Committees/Capital Program Committee (Not Called) Take No Action by Unanimous Voice Vote Article 45: Bylaw Amendment: Council for Human Services (Not Called) Adopted by Unanimous Voice Vote Article 46: Bylaw Amendment: Committees/Visitor Services and Information Advisory Committee (Not Called) Adopted by Unanimous Voice Vote Article 47: Bylaw: Civil Fingerprinting Authorization (Not Called) Adopted by Handcount Vote: YES – 236; NO - 107. Article 48: Bylaw Amendment: Finances (Not Called) Adopted by Unanimous Voice Vote Article 49: Charter Amendment (Not Called) Not Adopted by Unanimous Voice Vote Article 50: Charter Amendment (Called) Take No Action by Majority Voice Vote Article 51: Charter Amendment (Called) Not Adopted by Majority Voice Vote Article 52: Home Rule Petition: Airport Revolving Fund (Not Called) Adopted by Unanimous Voice Vote Article 53 Home Rule Petition: Amendment of Historic District Commission Act (Not Called) Voted to Take No Action by Majority Voice Vote Article 54 Home Rule Petition: Land Bank Real Estate Conveyance (Not Called) Adopted by Unanimous Voice Vote 5 Article 55: Home Rule Petition: Real Estate Conveyance to Land Bank (Not Called) Adopted by Unanimous Voice Vote Article 56: Home Rule Petition: Harbor and Shellfish Advisory Board (Not Called) Adopted by Unanimous Voice Vote Article 57: Home Rule Petition: Nantucket Mosquito Control Project (Not Called) Adopted by Unanimous Voice Vote) Article 58: Home Rule Petition: Regulation of Fertilizer Use (Not Called) Adopted by Unanimous Voice Vote Article 59: Home Rule Petition: Community Preservation Committee (Not Called) Not Adopted by Unanimous Voice Vote Article 60: Home Rule Petition: Conveyance of Property by the County/Smooth Hummocks – Moorlands Management District (Not Called) Adopted by Unanimous Voice Vote Article 61: Home Rule Petition: Amendment of Historic District Act (Not Called) Take No Action by Unanimous Voice Vote Article 62: Home Rule Petition: Amendment of Historic District Act (Not Called) Take No Action by Unanimous Voice Vote Article 63: Home Rule Petition: Amendment of Historic District Act (Not Called) Take No Action by Unanimous Voice Vote Article 64: Home Rule Petition: Funeral Directors, Embalmers, Funeral Homes, and Crematories (Called, Call Withdrawn) Take No Action by Unanimous Voice Vote Article 65: Home Rule Petition: Cessation of Longevity Payments for Nantucket Town and County Employees (Called) NON-BINDING GUIDANCE REQUEST TO Town Administration Adopted by Majority Voice Vote Article 66: Home Rule Petition: Relative to Retirement Benefits for Nantucket Town and County Employees (Called) Not Adopted by Handcount Vote: YES – 93; NO - 135 Article 67: Reaffirm Separation of Police and Fire Departments (Not Called) Not Adopted by Unanimous Voice Vote Article 68: NON-BINDING “Sense of the Meeting” Request for Town Support of the “Nantucket Life Foundation” (Called) Voice Vote Indicated No Support Article 69: Request for Establishment of Tick-borne Disease Reduction Committee ( Called) Take No Action by Majority Voice Vote Article 70: Request to Increase Town Meeting Quorum for Appropriations and Transfers (Called) Not Adopted by Majority Voice Vote 6 Article 71: NON-BINDING RESOLUTION: Photovoltaic Solar (Called) Voice Vote Indicated Moderate Support in Favor Article 72: NON-BINDING RESOLUTION: Renewable Energy Power Source for Electrical Vehicle Charging Stations (Called) Voice Vote Indicated Moderate Support In Favor Article 73: Real Estate Disposition: 47 Boulevarde (Called) Adopted as Amended by DeCosta by 2/3 Handcount Vote: YES – 135; NO – 34 Two-thirds = 113 Article 74: Real Estate Acquisition: 2 Bartlett Road (Called) Adopted By Declared 2/3 Majority Voice Vote Article 75: Real Estate Conveyance: Industrial Land (Not Called) Adopted by Unanimous Voice Vote Article 76: Real Estate Conveyance: Easements/Industry Road and Shadbush Road; Map 78 Parcel 4 (Not Called) Adopted by Unanimous Voice Vote Article 77: Real Estate Disposition: Long-term Lease Authorization, 14 Airport Road (Not Called) Adopted by Unanimous Voice Vote Article 78: Real Estate Disposition: Long-term Lease Authorization/Town Property at Landfill (Called) Not Adopted by Majority Voice Vote Article 79: Public Ways: Coffin, Fayette, Meader and Francis Streets (Not Called) Adopted by Unanimous Voice Vote Article 80: Real Estate Acquisition: Various “Paper” Streets and Misc. Parcels (Not Called) Adopted by Unanimous Voice Vote Article 81: Real Estate Conveyance: Various “Paper” Streets and Misc. Parcels Pochick Avenue (Not Called) Adopted by Unanimous Voice Vote Article 82: Real Estate Acquisition: 42 Sparks Avenue (Not Called) Adopted by Unanimous Voice Vote Article 83: Real Estate Acquisition/Conveyance: 40 Sparks Avenue (Not Called) Adopted by Unanimous Voice Vote Article 84: Authorization for Lease at Landfill for Community Scale Wind Turbine (Called) Not Adopted by Handcount Vote: YES – 109; NO – 79 2/3 = 125 Article 85: Real Estate: Martin’s Lane (Called) Take No Action by Unanimous Voice Vote Article 86: Appropriation: Stabilization Fund (Called) NOT Adopted by Handcount Vote: YES – 99; NO – 50 2/3 = 99.3234 Article 87: Appropriation: Free Cash (Called) Take No Action by Majority Voice Vote 7 At 9:16 PM, Moderator Alger recognized Patricia Roggeveen, Chair of the Board of Selectmen, who moved to dissolve the 2013 Annual Town Meeting. The motion was seconded, and adopted by Unanimous Voice Vote. Shelley Schwartz won the Glamorous Door Prize = Shaker Box Candle set. 2013 Annual Town Meeting Timelineendorsed by BOS 10/17/12Wed, 10/17/126pmBOS endorses ATM timelineThurs, 10/11 ‐ Wed, 11/14Warrant open for citizen article submittalsWed, 10/17; Mon, 10/222pm‐4pmTown Counsel assistance re: citizen warrant articlesThurs, 11/15 ‐ Mon, 11/19Citizen warrant article signatures certified by Town ClerkTues, 11/20Zoning articles transmitted to PlanningOctober ‐ DecemberDevelopment of Town‐sponsored warrant articlesDecemberBOS review of warrant articlesDecember TBAFinCom review of citizen warrant articlesDecember TBAFinCom review of capital project recsJan ‐ beg of March TBAFinCom review of budget, warrant articlesJan/Feb TBAPlanning Board hearings/adoption of motions for zoning articlesMon, 2/44pmFinCom public hearing on warrant articlesby Mon, 3/4Planning Board adopts motions to zoning articlesWed, 3/66pmBOS discussion re warrant article commentsTues, 3/12FinCom adopts motions to warrant articlesWed, 3/136pmBOS adopts comments to warrant articlesFri, 3/15Warrant is mailed to printerFri, 3/22Last day by which warrant must be mailed per charterThurs, 3/282pmPre‐ATM conference with ModeratorTues, 4/26pmATM StartsTues, 4/9ATE TOWN OF NANTUCKET 2013 Annual Town Meeting Tuesday, April 2, 2013 6:00 PM Nantucket High School Mary P. Walker Auditorium Page i Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7255 www.nantucket-ma.gov BOARD OF SELECTMEN Patricia Roggeveen, Chairman Robert DeCosta, Vice Chairman Rick Atherton Bruce D. Miller FINANCE COMMITTEE Matthew T. Mulcahy, Chairman Timothy M. Soverino, Vice Chairman Matthew Fee Christopher J. Kickham James R. Kelly Julia Lindner John Tiffany Clifford Williams David Worth, Jr. PLANNING BOARD Barry G. Rector, Chairman Sylvia Howard Nathaniel Lowell John McLaughlin Linda Williams MODERATOR Sarah F. Alger Page ii Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions AMERICANS WITH DISABILITIES ACT NOTICE The Town of Nantucket advises applicants, participants and the public that it does not discriminate on the basis of disability in, admission to, access to, treatment or employment in its programs, services and activities. The Town of Nantucket will provide auxiliary aids and services to access programs upon request. Inquiries, requests and complaints should be directed to the Town Manager, 16 Broad Street, Nantucket, MA 02554, (508) 228-7255. IF YOU NEED A LARGE PRINT VERSION OF THIS DOCUMENT, PLEASE CONTACT THE TOWN MANAGER’S OFFICE AT (508) 228-7255 Cover photo courtesy of H. Flint Ranney Page iii Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2013 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Receipt of Reports 1 2 Appropriation: Unpaid Bills 1 3 Appropriation: Prior Year Articles 3 4 Revolving Accounts: Annual Authorization 4 5 Appropriation: Reserve Fund 5 6 Fiscal Year 2013 General Fund Budget Transfers 5 7 Personnel Compensation Plans for Fiscal Year 2014 6 8 Appropriation: Fiscal Year 2014 General Fund Operating Budget 9 9 Appropriation: Health and Human Services 12 10 Appropriation: General Fund Capital Expenditures 12 11 Appropriation: Enterprise Funds Operations 16 12 Appropriation: Enterprise Funds Capital Expenditures 17 13 Enterprise Funds: Fiscal Year 2013 Budget Transfers 20 14 Appropriation: Waterways Improvement Fund 21 15 Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2014 21 16 Appropriation: Ambulance Reserve Fund 22 17 Appropriation: County Assessment 22 18 Appropriation: Finalizing Fiscal Year 2014 County Budget 22 19 Rescind Unused Borrowing Authority 23 20 Appropriation: Ferry Embarkation Fee 25 21 Appropriation: Collective Bargaining Agreement/Fire 26 22 Appropriation: Collective Bargaining Agreement/Airport Union 26 23 Appropriation: Collective Bargaining Agreement/Our Island Home 27 24 Appropriation of Insurance Proceeds: Airport Enterprise Fund 27 25 Community Preservation Committee: Fiscal Year 2014 Budget Transfers/ Beaugrand 28 26 Appropriation: FY 2014 Community Preservation Fund/Beaugrand 28 27 Appropriation: Prospect Hill Bike Path/Dunton 33 28 Appropriation: FY 2014 Tick-Borne Disease Reduction Program/Dunton 34 29 Appropriation: Other Post-Employment Benefits Trust Fund 34 30 Zoning Bylaw Amendment: Permitted Uses 35 31 Zoning Bylaw Amendment: Formula Business – Definition Modification 58 32 Zoning Map Change: Brant Point Area Plan Implementation – LC to CN and R-5 and RC to R-10 60 Page iv Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2013 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 33 Zoning Map Change: Holdgate Property – Old South Road RC-2 to CN 63 34 Zoning Bylaw Amendment: Town and Country Overlay District Boundary Adjustments: Vicinity of Hummock Pond Road, Dukes Road, Crooked Lane and Madaket Road 63 35 Zoning Map Change: R-20 to R-10 – Meadow Lane 70 36 Zoning Bylaw Amendment and Zoning Map Change: Village Height Overlay District and Hummock Pond Farms – LUG-2 to VR 71 37 Zoning Bylaw Amendment: VTEC/VR Intensity Regulations 73 38 Zoning Map Change: Siasconset SR-20 to SR-10/Cohen 74 39 Zoning Bylaw Amendment: Intensity Regulations/Collier 74 40 Zoning Bylaw Amendment: Secondary Dwelling/Glidden 75 41 Wind Turbine Moratorium/Mandel 75 42 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes 76 43 Bylaw Amendment: Board of Sewer Commissioners/Siasconset Sewer District Map Changes 78 44 Bylaw Amendment: Committees/Capital Program Committee 81 45 Bylaw Amendment: Council for Human Services 82 46 Bylaw Amendment: Committees/Visitor Services and Information Advisory Committee 83 47 Bylaw: Civil Fingerprinting Authorization 84 48 Bylaw Amendment: Finances 90 49 Charter Amendment/Stover 91 50 Charter Amendment/Stover 91 51 Charter Amendment/Stover 92 52 Home Rule Petition: Airport Revolving Fund 93 53 Home Rule Petition: Amendment of Historic District Commission Act 94 54 Home Rule Petition: Land Bank Real Estate Conveyance 95 55 Home Rule Petition: Real Estate Conveyance to Land Bank 97 56 Home Rule Petition: Harbor and Shellfish Advisory Board 98 57 Home Rule Petition: Nantucket Mosquito Control Project 99 58 Home Rule Petition: Regulation of Fertilizer Use 101 59 Home Rule Petition: Community Preservation Committee 104 60 Home Rule Petition: Conveyance of Property by the County/Smooth Hummocks – Moorlands Management District 105 61 Home Rule Petition: Amendment of Historic District Commission Act/ Barnes 107 Page v Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2013 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 62 Home Rule Petition: Amendment of Historic District Commission Act/ Barnes 108 63 Home Rule Petition: Amendment of Historic District Commission Act/ Barnes 108 64 Home Rule Petition: Funeral Directors, Embalmers, Funeral Homes, and Crematories/Stover 108 65 Home Rule Petition: Cessation of Longevity Payments for Nantucket Town and County Employees/Spery 109 66 Home Rule Petition: Relative to Retirement Benefits for Nantucket Town and County Employees/Spery 110 67 Reaffirm Separation of Police and Fire Departments/Allen 111 68 Non-binding “Sense of the Meeting” Request for Town Support of “The Nantucket Life Foundation”/Stover 111 69 Request for Establishment of Tick-borne Disease Reduction Committee/ Dunton 111 70 Request to Increase Town Meeting Quorum for Appropriations and Transfers/Dunton 112 71 Non-Binding Resolution: Photovoltaic Solar/Gookin 112 72 Non-Binding Resolution: Renewable Energy Power Source for Electric Vehicle Charging Stations/Gookin 112 73 Real Estate Disposition: 47 Boulevarde 113 74 Real Estate Acquisition: 2 Bartlett Road 113 75 Real Estate Conveyance: Industrial Land 114 76 Real Estate Conveyance: Easements/Industry Road and Shadbush Road; Map 78 Parcel 4 115 77 Real Estate Disposition: Long-term Lease Authorization, 14 Airport Road 115 78 Real Estate Disposition: Long-term Lease Authorization/Town Property at Landfill 115 79 Public Ways: Coffin, Fayette, Meader and Francis Streets 116 80 Real Estate Acquisition: Various “Paper” Streets and Misc. Parcels 116 81 Real Estate Conveyance: Various “Paper” Streets and Misc. Parcels 119 82 Real Estate Acquisition: 42 Sparks Avenue 122 83 Real Estate Acquisition/Conveyance: 40 Sparks Avenue 123 84 Authorization for Lease at Landfill for Community Scale Wind Turbine/ Gookin 124 85 Real Estate: Martin’s Lane/McLaughlin 124 86 Appropriation: Stabilization Fund 124 87 Appropriation: Free Cash 125 Page vi Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2013 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number Planning Board Report 126 Zoning Article Glossary 128 NOTES: 1. PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS 2. UNLESS OTHERWISE NOTED UNDER THE FINANCE COMMITTEE MOTION, ALL VOTES NEEDED FOR PASSAGE OF ARTICLES IS A SIMPLE MAJORITY. Page 1 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 1 (Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2012 Annual Town Report or as may come before this meeting; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the reports of various departments and committees as are printed in the Fiscal Year 2012 Annual Town Report or as may come before this meeting be accepted and filed with the permanent records of the Town. ARTICLE 2 (Appropriation: Unpaid Bills) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds for the payment, pursuant to Chapter 44 section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years, including any bills now on overdraft; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Seven Thousand One Hundred Thirty- seven Dollars Sixty-three Cents ($7,137.63) be appropriated from Free Cash to pay the General Fund unpaid bills from prior fiscal years; that Forty-nine Thousand Six Hundred One Dollars and Thirty-eight Cents ($49,601.38) be appropriated from Retained Earnings of the Nantucket Memorial Airport Enterprise Fund to pay the Airport enterprise fund unpaid bills from prior fiscal years; that Five Hundred Twenty-five Dollars ($525) be appropriated from Retained Earnings of the Our Island Home Enterprise Fund to pay the Our Island Home Enterprise Fund unpaid bills from prior fiscal years; that Two Hundred Twenty-six Dollars ($226) be appropriated from Retained Earnings of the Sewer Enterprise Fund to pay the sewer enterprise fund unpaid bills from prior fiscal years; that Six Thousand Five Hundred Dollars ($6,500) be appropriated from Retained Earnings of the Wannacomet Water Enterprise Fund to pay the Wannacomet Water Enterprise fund unpaid bills from prior fiscal years; all as shown below: DEPARTMENT VENDOR AMOUNT Human Resources Ricoh, USA $68.80 Human Resources Workforce Integrity Networks $100.00 Human Services Ricoh, USA $82.90 Marine Department The Sunken Ship $80.00 Marine Department Enterprise Car Rental $124.61 Marine Department Brant Point Inn $161.96 Natural Resources Ricoh, USA $60.59 Planning Department Ricoh, USA $16.74 Page 2 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Planning Department W.B. Mason $128.64 Police Department Enterprise Car Rental $52.34 Police Department Workforce Integrity Networks/Finance Charges and Interest $761.48 Police Department Workforce Integrity Networks $3,048.00 Public Buildings Wannacomet Water Company $81.40 Public Buildings Ricoh, USA $151.77 Public Works Ricoh, USA $97.02 Public Works Mail Finance $768.38 Town Administration New England Testing Laboratory $178.00 Town Administration Kopelman and Paige, P.C. $1,155.00 Town Administration Inquirer and Mirror $20.00 Subtotal General Fund Expense $7,137.63 Airport Enterprise Fund Ryder Electric, Inc. $120.00 Airport Enterprise Fund Cape Cod Express, Inc. $ 146.84 Airport Enterprise Fund Deutsch Williams Brooks DeRensis $190.00 Airport Enterprise Fund Cape Cod Times $214.16 Airport Enterprise Fund Hobart Corporation $946.66 Airport Enterprise Fund ACK-Air Duct $1,336.73 Airport Enterprise Fund Nantucket Inn $243.40 Airport Enterprise Fund Workforce Integrity Networks $1,350.80 Airport Enterprise Fund Workforce Integrity Networks/ Finance Charges and Interest $552.60 Airport Enterprise Fund Atlantic Broom $ 535.50 Airport Enterprise Fund Eagle Elevator $2,250.00 Airport Enterprise Fund Briggs Engineering and Testing $484.00 Airport Enterprise Fund Inquirer & Mirror $20.00 Airport Enterprise Fund Valero and Sons $416.94 Airport Enterprise Fund Airport Gas Station and Car Wash $84.00 Airport Enterprise Fund Swain’s Travel $380.00 Airport Enterprise Fund Hertz Corporation $168.46 Airport Enterprise Fund Marine Home Center $2,147.41 Airport Enterprise Fund Marcum Advisors $16,483.54 Airport Enterprise Fund Ascent Aviation Group, Inc. $7,719.63 Airport Enterprise Fund Yates Gas $285.71 Airport Enterprise Fund Geno Geng Productions, Inc. $6,500.00 Page 3 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Airport Enterprise Fund Mark Boldrighini $525.00 Airport Enterprise Fund Powers and Sullivan, LLC $6,500.00 Subtotal Airport Enterprise Fund $49,601.38 Our Island Home Kopelman and Paige, P.C. $525.00 Subtotal Our Island Home $525.00 Sewer Enterprise Fund New England Testing Laboratory $226.00 Subtotal Sewer Enterprise Fund $226.00 Wannacomet Water Powers and Sullivan, LLC $6,500.00 Subtotal Wannacomet Enterprise Fund $6,500.00 Quantum of vote required for passage of this motion is 4/5. ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that twenty-year unspent bond proceeds from prior borrowing be re-appropriated or 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 & II infiltration/inflow improvements in downtown Core District) Article 15 of the 2012 Annual Town Meeting; Article 13 of the 2008 Annual Town Meeting (Phase IIB Infiltration/Inflow Improvements) $ 44,355.45 Article 13 of the 2006 Annual Town Meeting (Reconstruction of various areas of sewer collection system) Article 15 of the 2012 Annual Town Meeting; Article 13 of the 2008 Annual Town Meeting (Phase IIB Infiltration/Inflow Improvements) $100,000.00 Article 13 of the 2006 Annual Town Meeting (Construction of sewer on north side of Old South Road) Article 15 of the 2012 Annual Town Meeting; Article 13 of the 2008 Annual Town Meeting (Phase IIB Infiltration/Inflow Improvements) $102,306.09 Page 4 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions And, further that five-year unspent bond proceeds from borrowing are re-appropriated or 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 (Purchase of replacement sewer cleaning equipment) Article 15 of the 2012 Annual Town Meeting; Article 13 of the 2008 Annual Town Meeting (Phase IIB Infiltration/Inflow Improvements) $ 68,210.00 FINANCE COMMITTEE COMMENT: The unspent bond proceeds from the project listed above were a result of the project final costs coming in under budget. The transfer of the unspent bond proceeds to another article, subject to borrowing, reduces the new borrowing required for the Phase IIB Infiltration/Inflow improvement item. ARTICLE 4 (Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws for Fiscal Year 2014; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby authorized to continue during Fiscal Year 2014 as follows: FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Beach Improvement Beach Permit Sticker sales Town Manager with approval of Board of Selectmen In accordance with c. 56, § 7A of Town Code, and including endangered species monitor program; beach patrols/monitors; beach use education/information $415,840 Tennis Court Tennis fees Town Manager with approval of Park & Recreation Commission Operation, maintenance of tennis court facility and housing for seasonal staff $ 36,850 Conservation Fund Conservation Commission application fees Town Manager with approval of Conservation Commission Consulting services in connection with professional review of applications $ 23,700 Code Enforcement Inspections 20% of Plumbing/Gas and Wiring Fees Town Manager with approval of Board of Selectmen Increased hours for part-time plumbing/gas and wiring inspectors $ 55,695 Septic System Inspections Septic system application fees Town Manager with approval of Board of Health Contractor services in connection with septic system inspections; costs associated septic system inspection related training and portion of salaries for staff in connection with septic system duties and responsibilities, together $125,108 Page 5 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT with the proportionate costs of fringe benefits associated with the salaries so paid Seasonal Food Service Inspections Food service permit fees Town Manager with approval of Board of Health Seasonal food service inspections; costs associated with seasonal food service inspection training and public awareness materials. $ 68,021 School Staff Travel Program Participant payments School Superintendent with approval of School Committee Defrayment of travel costs incurred by employees of Nantucket Public Schools for work purposes $ 5,000 Lifeguard Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of lifeguard housing facilities $ 11,000 Public Works Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of public works housing facilities $ 13,850 Low Beach Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of Low Beach housing facilities $ 70,000 ARTICLE 5 (Appropriation: Reserve Fund) To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund pursuant to Chapter 40 section 6 of the Massachusetts General Laws, to provide for the extraordinary and unforeseen expenditures which may arise during Fiscal Year 2014; said sum not to exceed five (5) percent of the Fiscal Year 2013 tax levy; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be raised and appropriated from the Fiscal Year 2014 tax levy and other general revenues of the Town to establish a reserve fund for Fiscal Year 2014 pursuant to chapter 40, s.6 of the General Laws. ARTICLE 6 (Fiscal Year 2013 General Fund Budget Transfers) To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2013 General Fund operating budget from other line items of said budget and from other available funds; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred between the various Fiscal Year 2013 accounts and expenditures as follows: Page 6 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions FROM TO AMOUNT Contractual Obligations, Salaries 2009 Abatement & Exemptions $ 17,740 Contractual Obligations, Salaries 2010 Abatement & Exemptions $ 21,720 Contractual Obligations, Salaries Moderator, Expense $ 750 Contractual Obligations, Salaries Street Lighting, Expense $ 20,000 Contractual Obligations, Salaries Code Enforcement, Salaries $ 13,700 Contractual Obligations, Salaries Payroll Withholding $164,893 General Fund, Free Cash Health Insurance Trust Fund $750,000 Marine, Salaries Town Administration, Salaries $ 20,200 Police Department, Salaries Police Department, Operating Expense $ 110,000 Planning, Operating Expense Planning, Salaries $ 5,000 Town Clerk, Operating Expense Town Clerk, Salaries $ 6,000 Visitor Services, Operating Expense Visitor Services, Salaries $ 5,000 General Fund, Free Cash Reserve Fund $250,000 FINANCE COMMITTEE COMMENT: The transfer from the Marine Department to Town Administration pertains to the transfer of an existing full-time Shellfish Warden position from one department to another. The position is now reporting to Natural Resources instead of the Marine Department and Natural Resources is under Town Administration for budgetary purposes. The last item (General Fund, Free Cash to Reserve Fund) is intended to fund any necessary Fiscal Year 2013 repairs to damage sustained at the Town Pier from the winter storms. ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2014) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year 2014: Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building Inspector, Assistant (hourly) 30.00 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Dietician/Our Island Home (hourly) 39.00 Election Warden (hourly) 20.00 Election Worker (hourly) 15.00 EMT, Call (per hour) 15.00 Fire Captain, Call (yearly) 150.00 Fire Fighter, Call (per hour) 15.00 Fire Lieutenant, Call (yearly) 125.00 Fire Chief, Second Deputy (yearly) 5,000.00 Fire Chief, Third Deputy (yearly) 5,000.00 Licensed Practical Nurse/Our Island Home (Per Diem – hourly) 25.00 Page 7 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Mooring Enforcement Officer (hourly) 30.00 Plumbing Inspector, Assistant (hourly) 30.00 Registered Nurse/Our Island Home (Per Diem – hourly) 35.00 Registrar of Voters (yearly) 600.00 Registrar, Temporary Assistant (hourly) 10.00 Senior Adult Day Care Aide (Per Diem – hourly) 18.76 Temporary Employee various rates of pay Wiring Inspector, Assistant (hourly) 30.00 Veterans' Agent (hourly) 15.00 Schedule B -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2013- April 14, 2014) Compensation Second Third Fourth Level Start Season Season Season A-Hourly* $14.00 $15.00 $16.00 $17.00 B-Hourly* $14.50 $15.50 $16.50 $17.50 C-Hourly* $15.50 $16.50 $17.50 $18.50 D-Hourly* $16.00 $17.00 $18.00 $19.00 E-Hourly* $18.00 $18.50 $19.00 $19.50 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Tennis Attendant, Information Aide, Matron B: Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer C: Endangered Species Monitor Supervisor, Dock Worker, Marine Research Technician D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal Laborer, Pump-out Boat Operator E. Lifeguard Supervisor, Seasonal Assistant Harbormaster, Seasonal Maintenance Supervisor (Public Works), Tennis Instructor, Seasonal Recreation Coordinator, Reserve Police Officer Schedule C -- Compensation Schedule for Elected Officials* Moderator $175 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $90,570 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. Or to take any other action related thereto. Page 8 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted: Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building Inspector, Assistant (hourly) 30.00 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Dietician/Our Island Home (hourly) 39.00 Election Warden (hourly) 20.00 Election Worker (hourly) 15.00 EMT, Call (per hour) 15.00 Fire Captain, Call (yearly) 150.00 Fire Fighter, Call (per hour) 15.00 Fire Lieutenant, Call (yearly) 125.00 Fire Chief, Second Deputy (yearly) 5,000.00 Fire Chief, Third Deputy (yearly) 5,000.00 Licensed Practical Nurse/Our Island Home (Per Diem – hourly) 25.00 Mooring Enforcement Officer (hourly) 30.00 Plumbing Inspector, Assistant (hourly) 30.00 Registered Nurse/Our Island Home (Per Diem – hourly) 35.00 Registrar of Voters (yearly) 600.00 Registrar, Temporary Assistant (hourly) 10.00 Senior Adult Day Care Aide (Per Diem – hourly) 18.76 Temporary Employee various rates of pay Wiring Inspector, Assistant (hourly) 30.00 Veterans' Agent (hourly) 15.00 Schedule B -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2013- April 14, 2014) Compensation Second Third Fourth Level Start Season Season Season A-Hourly* $14.00 $15.00 $16.00 $17.00 B-Hourly* $14.50 $15.50 $16.50 $17.50 C-Hourly* $15.50 $16.50 $17.50 $18.50 D-Hourly* $16.00 $17.00 $18.00 $19.00 E-Hourly* $18.00 $18.50 $19.00 $19.50 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Tennis Attendant, Information Aide, Matron B: Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Page 9 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Parking Control Officer C: Endangered Species Monitor Supervisor, Dock Worker, Marine Research Technician D: Seasonal Firefighter/EMT, Community Service Officer, Lifeguard, Seasonal Laborer, Pump-out Boat Operator E: Lifeguard Supervisor, Seasonal Assistant Harbormaster, Seasonal Maintenance Supervisor (Public Works), Tennis Instructor, Seasonal Recreation Coordinator, Reserve Police Officer Schedule C -- Compensation Schedule for Elected Officials* Moderator $175 per year Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $90,570 ARTICLE 8 (Appropriation: Fiscal Year 2014 General Fund Operating Budget) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of supporting the offices, departments, boards and commissions of the Town of Nantucket for Fiscal Year 2014; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2014 operating budget is established for the various offices, boards, and commissions of the Town as follows: Fiscal Year 2014 FY 2013 DEPARTMENT PAYROLL OPERATING TOTAL BUDGET ARTICLE 8 TOTAL GENERAL GOVERNMENT Finance Committee $ 0 $ 17,650 $ 17,650 $ 19,400 Finance & Operations $1,456,942 $ 457,325 $ 1,914,267 $ 1,931,860 Human Resources $ 152,700 $ 31,100 $ 183,800 $ 178,690 Information Systems / GIS $ 458,190 $ 252,300 $ 710,490 $ 639,240 Legal $ 0 $ 315,000 $ 315,000 $ 335,000 Moderator $ 175 $ 1,500 $ 1,675 $ 825 Planning and Land Use Service $1,385,069 $ 265,770 $ 1.650,839 $ 1,665,064 Town Administration $ 777,990 $ 259,350 $ 1,037,340 $ 802,570 Town Clerk $ 217,800 $ 59,700 $ 277,500 $ 275,890 Page 10 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Subtotal $4,448,866 $1,659,695 $ 6,108,561 $ 5,848,539 SAFETY & PROTECTION Emergency Management $ 0 $ 7,000 $ 7,000 $ 9,000 Fire Department $ 2,239,260 $ 204,425 $ 2,443,685 $ 2,407,390 Police Department $ 4,526,295 $ 603,065 $ 5,129,360 $ 4,876,830 Street Lighting $ 0 $ 105,900 $ 105,900 $ 80,900 Subtotal $ 6,765,555 $ 920,390 $ 7,685,945 $ 7,374,120 MARINE & COASTAL RESOURCES Marine Department $ 618,810 $ 83,075 $ 701,885 $ 849,040 Subtotal $ 618,810 $ 83,075 $ 701,885 $ 849,040 MAINTENANCE Gas / Town Vehicles $ 0 $ 325,000 $ 325,000 $ 358,000 Mosquito Control $ 0 $ 102,500 $ 102,500 $ 100,000 Public Buildings $ 0 $ 754,850 $ 754,850 $ 764,690 Public Works $1,902,654 $ 365,200 $ 2,267,854 $ 2,167,770 Snow and Ice Removal $ 0 $ 25,000 $ 25,000 $ 64,000 Subtotal $ 1,902,654 $ 1,572,550 $ 3,475,204 $ 3,454,460 HUMAN SERVICES Human Services $ 414,100 $ 56,851 $ 470,951 $497,120 Subtotal $ 414,100 $ 56,851 $ 470,951 $497,120 CULTURE & RECREATION Atheneum $ 0 $ 676,444 $ 676,444 $667,900 Town Clock $ 0 $ 2,770 $ 2,770 $2,700 Visitor Services $ 223,870 $ 75,950 $ 299,820 $286,440 Subtotal $ 223,870 $ 755,164 $ 979,034 $957,040 CONTRACTUALOBLIGATIONS $ 301,201 $ 0 $ 301,201 $376,381 TOTAL OF DEPT OPERATING BUDGETS $14,675,056 $5,047,725 $19,722,781 $ 19,356,700 EDUCATION Community School $ 275,000 $ 75,000 $ 350,000 $ 250,000 Page 11 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions School Department $18,349,296 $ 4,696,979 $ 23,046,275 $22,191,269 Subtotal $18,624,296 $ 4,771,979 $ 23,396,275 $22,441,269 GRAND TOTAL OF GEN GOV'T OPERATING BUDGETS $33,299,352 $9,819,704 $43,119,056 $41,797,969 DEBT SERVICE Principal & Interest $ 0 $ 7,605,899 $7,605,899 $7,613,980 Subtotal $ 0 $ 7,605,899 $ 7,605,899 $7,613,980 INSURANCES Auto Casualty $ 0 $ 173,000 $ 173,000 $120,500 Blanket Liability $ 0 $ 1,243,000 $ 1,243,000 $1,188,000 Claims Deductible $ 0 $ 62,000 $ 62,000 $80,000 Insurance Consulting $ 0 $ 26,000 $ 26,000 $28,000 Medical Insurance $8,369,402 $ 0 $ 8,369,402 $7,052,000 Unemployment $ 300,000 $ 0 $ 300,000 $300,000 Workers Compensation $ 190,000 $ 0 $ 190,000 $197,000 Laborer's Union Pension $ 44,000 $ 0 $ 44,000 $44,000 Subtotal $8,903,402 $ 1,504,000 $ 10,407,402 $9,009,500 ASSESSMENTS Barnstable Retirement $3,228,051 $0 $3,228,051 $3,113,746 Subtotal $3,228,051 $0 $3,228,051 $3,113,746 GRAND TOTAL OF OPERATING BUDGET $ 45,430,805 $18,929,603 $64,360,408 $61,535,195 And to meet these appropriations, the sum of Sixty-four Million Three Hundred Sixty Thousand Four Hundred Eight Dollars ($64,360,408) be raised and appropriated from the Fiscal Year 2014 tax levy and other general revenues of the Town. The budget unanimously recommended by the Nantucket School Committee for the School Department, including the Nantucket Community School, for Fiscal Year 2014 is Twenty-three Million Three Hundred Ninety-six Thousand Two Hundred Seventy-five Dollars ($23,396,275). FINANCE COMMITTEE COMMENT: The Finance Committee wants to recognize the Town Manager, Finance Director, Administrative staff and the Board of Selectmen for their effort in the compilation of this budget from the beginning of the process through Page 12 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions completion. The Committee recognizes the challenges faced, in light of the state of the national and local economy, to provide the level of services within revenues projected. ARTICLE 9 (Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the Council for Human Services to be used by the Council to contract with various health and human services, not-for-profit corporations to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that grant agreements be executed by and between the Board of Selectmen and the respective private, not-for-profit agency for Fiscal Year 2014, which grant agreements shall stipulate mutually agreed upon terms and conditions; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Three Hundred Seventeen Thousand Eight Hundred Eighty Dollars ($317,880) be raised and appropriated from the Fiscal Year 2014 tax levy and other general revenues of the Town for the Town Manager to expend to fund grants for the following health and human services, private not-for-profit agencies to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town Manager with the approval of the Board of Selectmen, execute grant agreements with the respective agencies for Fiscal Year 2014, which contracts shall stipulate mutually agreed upon terms and conditions: AGENCY AMOUNT A Safe Place $ 45,000 Elder Services of Cape Cod and the Islands $ 13,000 Family and Children’s Services DBA/Nantucket Behavioral Health Services $110,000 Martha’s Vineyard Community Services $ 12,000 South Coast Legal Services $ 4,000 Interfaith Council Nantucket Rental Assistance Program $ 30,000 Interfaith Council Emergency Food Pantry $ 34,000 Nantucket Family Planning $ 10,000 Nantucket Access Network Project $ 20,000 NCH Social Services $35,880 ASAP $ 4,000 TOTAL $317,880 ARTICLE 10 (Appropriation: General Fund Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for Fiscal Year 2014 for the offices, departments, boards and commissions of the Town of Nantucket; or to take any other action related thereto. Page 13 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for capital outlay expenditures for general fund departments for Fiscal Year 2014, with all such expenditures to be made by the Town Manager with the approval of the Board of Selectmen; except the School expenditures to be made by the School Superintendent with the approval of the School Committee; and further that the Town Manager with the approval of the Board of Selectmen or School Superintendent with the approval of the School Committee as the case may be, is authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced as follows: DEPARTMENT ITEM FUNDING SOURCE(S) AMOUNT Fire Department Purchase replacement Administrative Vehicle Transfer $35,000 from Free Cash in the Treasury of the Town $ 35,000 Marine Department Professional services and costs associated with repair and renovations of the Town Pier located at 34 Washington Street (Phase I) Transfer $200,000 from Free Cash in the Treasury of the Town $ 200,000 Marine Department Professional services and costs associated with dredging the entrance to Polpis Harbor Transfer $82,000 from Free Cash in the Treasury of the Town $ 82,000 Public Works Professional services and costs associated with various island wide road improvements Further, that Three Hundred Eighty-Four Thousand Five Hundred Sixty Dollars ($384,560) be transferred from Article 10 of the 2004 Annual Town Meeting (Surfside area road improvements – unspent bond proceeds); Raise and appropriate $300,000 from the Fiscal Year 2014 tax levy and other general revenues of the town $ 684,560 Public Works Professional services and costs associated with the repaving and other related improvements of portions of the Madaket Road Bike Path Transfer $64,652 from the Free Cash in the Treasury of the Town; Raise and appropriate $135,348 from the Fiscal Year 2014 tax levy and other general revenues of the town $ 200,000 Public Works Costs associated with Sconset footbridge repair and renovation Transfer $90,000 from Free Cash in the Treasury of the Town $ 90,000 Public Works Purchase replacement dump truck Transfer $107,157.87 from Article 10 of the 2006 Annual Town Meeting (Phase I Storm Water Drainage -unspent bond proceeds); Transfer $2,629.00 from Article 19 of the 2007 Annual Town Meeting (Replace 1992 Fire Engine -unspent bond proceeds); Transfer $386.06 from Article 10 of the 2011 Annual Town Meeting (Replace Public Works Vehicle -unspent bond proceeds); Transfer $6,368.85 from Article 10 of the $ 130,000 Page 14 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 2009 Annual Town Meeting (Replace Packer Truck – unspent bond proceeds); Transfer $13,458.22 from Free Cash in the Treasury of the Town Public Works Purchase replacement Bobcat vehicle Transfer $70,000 from Free Cash in the Treasury of the Town $ 70,000 Public Works Costs associated with widening the roadway/intersection of Francis and Union Street Transfer $50,000 from Free Cash in the Treasury of the Town $ 50,000 Town Administration Professional services and costs associated with design, engineering and construction of a multi-use path connection between Prospect Street and Joy Street known as the Prospect Street Connector Transfer $1,896.33 from Article 10 of the 2007 Annual Town Meeting (Maintain Sidewalk – unspent bond proceeds); Transfer $10,006.21 from Article 10 of the 2006 Annual Town Meeting (Four Corners – unspent bond proceeds); Transfer $203,097.46 from Free Cash in the Treasury of the Town $ 215,000 Town Administration Professional services and costs associated with design, renovations, and expansion of the Children’s Beach Concession building and bathhouse Transfer $250,000 from Article 10 of the 2002 Annual Town Meeting (Madaket Bathhouse – unspent bond proceeds); Transfer $300,000 from Free Cash in the Treasury of the Town $ 550,000 Town Administration Professional services associated with conducting a watershed assessment of Miacomet Pond Transfer $150,000 from Free Cash in the Treasury of the Town $ 150,000 Town Administration Costs associated with GIS data updates Transfer $90,000 from Free Cash in the Treasury of the Town $ 90,000 Town Administration Professional services and costs associated with repairs and renovations of various municipal facilities Transfer $55,920.00 from Article 10 of the 2012 Annual Town Meeting (Repair Public Works Salt Shed – unspent bond proceeds); Transfer $74,844.81 from Article 10 of the 2006 Annual Town Meeting (Four Corners – unspent bond proceeds); Transfer $155.19 from Article 10 of the 2005 Annual Town Meeting (New and Replacement Servers - unspent bond proceeds); $130,920 Town Administration Professional services and costs associated with repairs and renovations to the Brant Point Boat House Ramp Transfer $75,000 from Free Cash in the Treasury of the Town $ 75,000 Town Purchase replacement technology Transfer $50,000 from Free Cash in the $ 50,000 Page 15 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Administration equipment Treasury of the Town School Nantucket Elementary School classroom repairs and renovations Transfer $9,123.72 from Article 10 of the 2011 Annual Town Meeting (NES Flat Roof Repair); Transfer $190,876.28 from Free Cash in the Treasury of the Town $200,000 School Safety and security improvements at all district schools Transfer $135,000 from Free Cash in the Treasury of the Town $135,000 School Upgrades to technology infrastructure Transfer $100,000 from Free Cash in the Treasury of the Town $100,000 School Construction of storage in existing structure behind Backus Lane Skate Park Transfer $125,000 from Free Cash in the Treasury of the Town $125,000 School Nantucket High School and Middle School bathroom repairs and renovations Transfer $100,000 from Free Cash in the Treasury of the Town $100,000 School Nantucket High School pool area adult locker room repairs and renovations Transfer $80,000 from Free Cash in the Treasury of the Town $80,000 School Professional services associated with a design and work to upgrade the High School athletic to include lighting, 6-lane track and artificial turf Transfer $100,000 from Free Cash in the Treasury of the Town $100,000 School Professional services associated with design and consulting fees to address space needs in all district schools Transfer $45,000 from Free Cash in the Treasury of the Town $45,000 School Professional services associated with renovation and construction at Teen Center located at First Way Transfer $250,000 from Free Cash in the Treasury of the Town $250,000 TOTAL $3,937,480 And, to meet this appropriation that Two Million Five Hundred Ninety-nine Thousand Eighty-three Dollars and Ninety-six Cents ($2,599,083.96) be transferred from Free Cash in the Treasury of the Town, that Four Hundred Thirty-five Thousand Three Hundred Forty Eight Dollars ($435,348) be raised and appropriated from the Fiscal Year 2014 tax levy and other general revenues; and Nine Hundred Three Thousand Forty- eight Dollars and Four Cents ($903,048.04) be transferred from prior year articles, totaling Three Million Nine Hundred Thirty-seven Thousand Four Hundred Eighty Dollars ($3,937,480). BOARD OF SELECTMEN COMMENT: The Board of Selectmen had submitted a $600,000 request for funding from Free Cash for the preparation of construction plans for a Fire Station addition to the Public Safety Facility at 4 Fairgrounds Road for this Town Meeting. The Finance Committee voted not to support the request and it does not appear in the Motion to Article 10. The Board agrees with the Finance Committee’s action not to include it and also that it is the Board’s intent to establish a building committee to review the design plans and analyze options. Page 16 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 11 (Appropriation: Enterprise Funds Operations) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the operation of the Enterprise Funds of the Town of Nantucket for Fiscal Year 2014, out of anticipated revenues of the designated funds, for the purposes set forth above; or to take any other action related thereto. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2014 operating budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be expended through the Siasconset Water Commission; the Wannacomet Water appropriation to be expended through the Nantucket Water Commission; the Airport appropriation to be expended through the Nantucket Airport Commission; the remaining appropriations to be spent through the Board of Selectmen/Town Administration: FY 2014 FY 2014 FY 2014 FY 2013 FUND PAYROLL EXPENSES TOTAL BUDGET TOTAL BUDGET Airport $3,866,062 $4,702,530 $8,568,592 $ 7,805,370 Our Island Home $5,866,926 $1,307,034 $7,173,960 $ 6,968,000 Sewer ( includes Wastewater Treatment; Collection & Disposal; and Siasconset plant) $1,221,751 $5,285,554 $6,507,305 $ 5,607,735 Siasconset Water $ 27,770 $1,122,163 $1,149,933 $ 1,147,045 Solid Waste $ 44,182 $7,738,195 $7,782,377 $ 7,793,916 Wannacomet Water $1,423,129 $3,053,592 $4,476,721 $ 4,076,500 TOTAL $12,449,820 $23,209,068 $35,658,888 $33,398,566 Further, that the above appropriations be funded as follows: FUND FUNDING SOURCES AMOUNTS Airport FY 14 Anticipated Revenues $6,922,280 Airport Retained Earnings $1,341,714 Airport FY 14 Tax Levy and Other General Revenues $ 304,598 Our Island Home FY 14 Anticipated Revenues $4,606,440 Our Island Home FY 14 Tax Levy and Other General Revenues $2,295,000 Our Island Home Retained Earnings $ 272,520 Sewer FY 14 Anticipated Revenues $5,527,736 Sewer Retained Earnings $ 979,569 Solid Waste FY 14 Anticipated Revenues $3,169,414 Solid Waste FY 14 Tax Levy and Other General Revenues $4,612,963 Siasconset Water FY 14 Anticipated Revenues $1,149,933 Wannacomet Water FY 14 Anticipated Revenues $4,243,078 Wannacomet Water Retained Earnings $ 233,643 TOTAL FUNDING SOURCES $35,658,888 And, further, that the following amounts be appropriated in the General Fund and funded by each Enterprise Fund Department as follows: Page 17 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Two Hundred Thousand Dollars ($200,000) – Airport Enterprise One Hundred Thousand Dollars ($100,000) – Our Island Home Enterprise Eighty Thousand Dollars ($80,000) – Sewer Enterprise Four Thousand Dollars ($4,000) – Siasconset Water Enterprise One Hundred Eight Thousand Dollars ($108,000) – Solid Waste Enterprise Ninety-two Thousand Two Hundred Nine Dollars ($92,209) – Wannacomet Water FINANCE COMMITTEE COMMENT: Enterprise Fund revenues associated with indirect costs as shown in the general fund are reported during the tax recapitulation process as opposed to voted in the enterprise fund appropriations listed above. ARTICLE 12 (Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of capital expenditures in Fiscal Year 2014 for the Enterprise Funds established under the jurisdiction of the Town of Nantucket; or to take any other action related thereto. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be appropriated for the Enterprise Fund departments for Fiscal Year 2014 with the Airport appropriations to be expended through the Airport Commission; the Our Island Home Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Board of Selectmen; the Sewer Enterprise and Solid Waste Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Board of Selectmen/Board of Public Works/Sewer Commissioners; the Siasconset Water appropriations to be expended through the Siasconset Water Commission; the Wannacomet Water appropriations to be expended through the Nantucket Water Commission: DEPARTMENT ITEM FUNDING SOURCE(S) AMOUNT Airport Professional services associated with updating the Airport Master plan Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $750,000 pursuant to G.L. c.44 Section 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 Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $ 750,000 Airport Purchase new and replacement airfield vehicles Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $450,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended $ 450,000 Page 18 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport Airport Professional services for design, permitting, and other costs associated with widening Taxiway Delta Transfer $29,607 from Article 14 of the 2005 Annual Town Meeting (Airport Terminal Expansion – unspent bond proceeds) Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $345,393 pursuant to G.L. c.44 Section 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 Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $ 375,000 Subtotal Airport Enterprise $ 1,575,000 Our Island Home Costs associated with facility, system, and equipment improvements Transfer $200,000 from Our Island Home Certified Retained Earnings $ 200,000 Our Island Home Costs associated with replacing facility flooring and carpeting Transfer $145,000 from Our Island Home Certified Retained Earnings $ 145,000 Our Island Home Supplemental Funding for Article 13 of the 2012 Annual Town Meeting: nursing station item Transfer $9,000 from Article 13 of the 2010 Annual Town Meeting (Replace Fuel Tank – Tax Levy, Free Cash, or other general revenues of the Town) Transfer $11,000 from Our Island Home Certified Retained Earnings $ 20,000 Subtotal Our Island Home $ 365,000 Sewer Costs associated with upgrading sewer pump stations Transfer $100,000 from Sewer Certified Retained Earnings $ 100,000 Sewer Professional services for storm water mapping Transfer $47,000 from General Fund Free Cash $47,000 Subtotal Sewer Enterprise $ 147,000 Siasconset Water Supplemental funding for Article 2 of the 2012 Special Town Meeting: Pump Station/SCADA project for professional services for construction, project management, and other costs associated with Pump Station/SCADA project. Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $500,000 pursuant to G.L. c.44 Section 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 Siasconset Water $ 500,000 Page 19 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Enterprise Fund revenues, state or federal grants, and other available funds of Siasconset Water Subtotal Siasconset Water Enterprise $ 500,000 Solid Waste Professional services for design, permitting, and other costs associated with landfill mining Transfer $687,037 from the Fiscal Year 2014 Tax Levy and Other General Revenues of the Town $ 687,037 Solid Waste Costs associated with closing landfill cells Transfer authorization to borrow $500,000 from Article 13 of the 2008 Annual Town Meeting (Costs associated with closing Phase 2A lined landfill cell) $ 500,000 Subtotal Solid Waste Enterprise $ 1,187,037 Wannacomet Water Supplemental funding for Article 2 of the 2012 Special Town Meeting: distribution system improvements item Transfer $172,463.94 from Article 12 of the 1999 Annual Town Meeting (Design, purchase and installation of a water meter radio reading system – unspent bond proceeds); Transfer $3,163 from Article 13 of the 2006 Annual Town Meeting (New Source Well – unspent bond proceeds); Transfer $5,544 from Article 13 of the 2006 Annual Town Meeting (Pump Station Rehabilitation – unspent bond proceeds); Transfer $29,142 from Article 13 of the 2006 Annual Town Meeting (Cliff Road Water Main – unspent bond proceeds); Transfer $671,729.91 from Article 13 of the 2010 Annual Town Meeting (Distribution System Improvements – unspent bond proceeds); Transfer $11,399 from Article 13 of the 2010 Annual Town Meeting (Distribution System Improvements – unspent bond proceeds) Transfer $50,849 from Article 12 of the 2011 Annual Town Meeting (Madaket Water Main Phase I and II – unspent bond proceeds); Transfer $40,000 be transferred from Article 12 of the 2011 Annual Town Meeting (Washing Pond Tank Rehabilitation – unspent bond proceeds); Transfer $40,000 from Article 15 of $1,024,290.85 Page 20 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions the 2012 Annual Town Meeting (Madaket Water Main Phase III – unspent bond proceeds) Subtotal Wannacomet Water Enterprise $1,024,290.85 TOTAL $4,798,327.85 Quantum of vote required for passage of the motion is 2/3 ARTICLE 13 (Enterprise Funds: Fiscal Year 2013 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2013 Enterprise Fund operating budgets from other line items of said budgets and/or from Enterprise Surplus Reserve Funds; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from the various accounts listed to the various enterprise fund accounts listed for Fiscal Year 2013 as follows: FROM TO AMOUNT Wannacomet Water Retained Earnings Wannacomet Water Operating Expense $ 515,000 Wannacomet Water Retained Earnings Wannacomet Water Salaries $ 25,000 Airport Retained Earnings Airport Salaries $ 150,000 Airport Retained Earnings Airport Operating Expense $ 170,000 Airport Retained Earnings General Fund Indirect Costs Incurred in FY2012 $ 16,061 Sewer Retained Earnings Sewer Reserve for Prepaid Privilege Fees $1,106,429 Sewer Retained Earnings Sewer Operating Expense $ 440,000 Sewer Retained Earnings Sewer Salaries $ 60,000 Sewer Retained Earnings General Fund Indirect Costs Incurred in FY2012 $ 5,035 Siasconset Water Retained Earnings General Fund Indirect Costs Incurred in FY2012 $ 293 Solid Waste Retained Earnings Solid Waste Operating Expense $ 400,000 Solid Waste Retained Earnings General Fund Indirect Costs Incurred in FY2012 $ 44,268 Our Island Home Retained Earnings Our Island Home Salaries $ 250,000 Our Island Home Retained Earnings Our Island Home Operating Expense $ 135,000 Our Island Home Retained Earnings Our Island Home Capital Expense (Nursing Station) $ 75,000 Our Island Home Retained Earnings Our Island Home Capital Expense (Accessible Doors) $100,000 Page 21 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 14 (Appropriation: Waterways Improvement Fund) To see what sum the Town will vote to appropriate from the revenue received under Chapter 60B subsection (i) of section 2 and under Chapter 91section 10A of the Massachusetts General Laws and sums received from the Commonwealth or Federal Government for purposes established by Chapter 40 section 5G of the Massachusetts General Laws including but not limited to (1) maintenance , dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Three Hundred Forty-six Thousand Six Hundred Dollars ($346,600) be appropriated from the Waterways Improvement Fund for the purpose of (1) maintenance, dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law. ARTICLE 15 (Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2014) To see if the Town will vote to authorize a revolving fund for the Airport, to be known as the Airport Aviation Fuel Revolving Fund, to which shall be credited fees and other receipts received in connection with the sale of aviation fuel, which fund may be expended for the purchase of aviation fuel, to be expended by the Airport Commission, and further to establish a spending limit from the fund for Fiscal Year 2014, pursuant to the provisions of Chapter 28 of the Acts of 2004 and Massachusetts General Law Chapter 44, section 53E½, or to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that an Airport Aviation Fuel Revolving Fund is established to which fees and other receipts received shall be credited up to Five Million One Hundred Ninety-five Thousand Three Hundred Thirty-six Dollars ($5,195,336) in connection with the sale of aviation fuel, which fund may be expended for the purchase of aviation fuel, to be expended by the Airport Commission, and further to establish a spending limit from the fund for Fiscal Year 2014 in the amount of Five Million One Hundred Ninety-five Thousand Three Hundred Thirty-six Dollars ($5,195,336) pursuant to the provisions of Chapter 28 of the Acts of 2004 and Massachusetts General Law Chapter 44, section 53E½ . Aviation fuel receipts in excess of the spending limit will be credited to the Airport Enterprise Fund. Page 22 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 16 (Appropriation: Ambulance Reserve Fund) To see what sum the Town will vote to appropriate from the Ambulance Reserve Fund for the purchase of ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the Town’s ambulance services, including up to four (4) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town Manager; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thirty-eight Thousand Four Hundred Thirty-one Dollars ($538,431) be appropriated from the Ambulance Reserve Fund for the purpose of purchasing ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the Town’s ambulance services, including up to four (4) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town Manager. ARTICLE 17 (Appropriation: County Assessment) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to pay the County of Nantucket such assessment as is required for Fiscal Year 2014, and to authorize the expenditure of these funds for County purposes, all in accordance with the Massachusetts General Laws and in accordance with the County Charter (Chapter 290 of the Acts of 1996), the sum of One Hundred Sixty-six Thousand Dollars ($166,000); or to take any other action related thereto. Or to take any other action related thereto. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved that One Hundred Seventy Thousand Two Hundred One Dollars ($170,201) be raised and appropriated from the Fiscal Year 2014 tax levy and other general revenues of the Town to fund the Fiscal Year 2014 county assessment. ARTICLE 18 (Appropriation: Finalizing Fiscal Year 2014 County Budget) To see if the Town will vote to overturn any denial of approval by the Nantucket County Review Committee, of any item of the County budget for Fiscal Year 2014 by appropriating a sum of money for such County budget and authorizing the expenditure of estimated County revenues, County reserve funds, County deed excise fees or other available County funds including the Town assessment for County purposes; further, to Page 23 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions see if the Town will vote to overturn any denial by the Nantucket County Review Committee of the establishment of a County Reserve Fund, from which transfers may be made to meet extraordinary or unforeseen expenditures with the approval of the County Commissioners acting as the County Advisory Board Executive Committee within the meaning of Chapter 35 section 32 of the Massachusetts General Laws; or to take any other action related thereto. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Finance Committee, at its meeting on January 28, 2013, acting as the Nantucket County Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed the Fiscal Year 2014 Nantucket County budget as had been adopted by the Nantucket County Commissioners on January 23, 2013. Thus no action is required. ARTICLE 19 (Rescind Unused Borrowing Authority) To see what action the Town will take to amend, appropriate or reappropriate, transfer, modify, repeal or rescind unused borrowing authority authorized by previous town meetings. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the unused borrowing authority for the following projects be rescinded: DEPARTMENT DESCRIPTION OF ITEM ARTICLE/TOWN MEETING AMOUNT TO BE RESCINDED Airport Housing improvements Article 13/2004 Annual Town Meeting $100,000 Airport Replace airfield vehicles Article 13/2004 Annual Town Meeting $100,000 Airport Rehabilitate fuel farm Article 13/2004 Annual Town Meeting $70,000 Airport Macy Lane bike path and airport entryway Article 13/2004 Annual Town Meeting $250,000 Airport Implementation of security measures Article 13/2005 Annual Town Meeting $331,000 Airport Design and construct a new Airport Terminal Building Article 14/2005 Annual Town Meeting $10,500,000 Airport Costs associated with improvements to Taxiway “E” Article 12/2007 Annual Town Meeting $1,239,100 Airport Costs associated with air freight building rehabilitation Article 12/2007 Annual Town Meeting $250,000 Airport Purchase of new airfield vehicles and equipment Article 12/2007 Annual Town Meeting $265,000 Airport Updating/reconstruction of hangars, including professional services for engineering and Article 13/2008 Annual Town Meeting $368,214 Page 24 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions permitting Airport Design and construction of Airport terminal project; amending Article 14 of the 2005 Annual Town Meeting Article 13/2008 Annual Town Meeting $3,000,000 Airport Purchase of new airfield vehicles and equipment Article 13/2009 Annual Town Meeting $250,000 Airport Professional services for the raze and removal of the annex building Article 13/2009 Annual Town Meeting $232,786 Airport Replace frame work and fire suppression system in Fuel Farm Article 13/2010 Annual Town Meeting $300,000 Airport Professional services for costs associated with parking lot improvements and landscaping Article 13/2010 Annual Town Meeting $400,000 Airport Costs associated with ramp electrification Article 12/2011 Annual Town Meeting $2,326,000 General Fund Design, construction, and other costs related to sidewalk on Vesper Lane and design and other fees related to bicycle path on Fairgrounds Road Article1/1998 Annual Town Meeting $299,250 General Fund Design and required studies for a bike path starting at Vesper Lane, following Hummock Pond Road, continuing to Cisco Article 28/2005 Annual Town Meeting $300,000 Our Island Home Costs associated with installing accessible doors at 9 East Creek Road Article 12/2012 Annual Town Meeting $100,000 Our Island Home Costs associated with replacement or renovation of nursing station at 9 East Creek Road Article 12/2012 Annual Town Meeting $75,000 Sewer Improvements to Washington Street sewer line including design, construction, and other related fees Article 26/1997 Annual Town Meeting $451,976 Sewer Costs associated with planning and construction of wastewater treatment facility in Siasconset Article 13/1998 Annual Town Meeting $359,758 Sewer Acquisition of private sewer system pumping station in Naushop subdivision Article 12/1999 Annual Town Meeting $600,000 Sewer Design, permitting, construction and other related costs for improvements to sewer collection system and to implement recommendations of the upcoming sewer mapping and evaluation study Article 12/2000 Annual Town Meeting $500,000 Sewer Sewer residential housing program Article 2/October 10, 2001 Special Town Meeting $700,000 Sewer Acquisition and conveyances of real property in Surfside Article 1/April 15, 2003 Special Town $469,342 Page 25 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Meeting Sewer Construction and related costs for infiltration/inflow improvements Article 13/2004 Annual Town Meeting $103,400 Sewer Professional services, including design, permitting, engineering of Somerset Road area infrastructure expansion Article 13/2008 Annual Town Meeting $696,000 Sewer Professional services, including design, permitting, engineering, of Shimmo collection system Article 13/2008 Annual Town Meeting $666,000 Sewer Professional services, including design, permitting, and engineering of Monomoy area collection system Article 13/2008 Annual Town Meeting $558,000 Sewer Costs associated with storm water mapping Article 12/2012 Annual Town Meeting $49,783 Siasconset Water Professional services for design, permitting, construction, and other costs associated with Baxter Road water main replacement Article 13/2010 Annual Town Meeting $1,750,000 Siasconset Water Professional services for costs associated with dismantling New Street water storage tank Article 13/2010 Annual Town Meeting $350,000 Solid Waste Costs associated with expansion of Materials Recovery Facility Article 13/2005 Annual Town Meeting $500,000 Wannacomet Water Costs associated with construction of maintenance/garage facility Article 12/2007 Annual Town Meeting $250,000 Total Borrowing Authority to Rescind $29,143,609 FINANCE COMMITTEE COMMENT: The projects listed above have either been completed using other funding sources; the final cost was less than authorized; the project is no longer moving forward; or a combination thereof. ARTICLE 20 (Appropriation: Ferry Embarkation Fee) To see what sum the Town will vote to appropriate from the proceeds of the ferry embarkation fee established by Chapter 46, section 129 of the Acts of 2003 as amended, for the purposes of mitigating the impacts of ferry service on the Town and County of Nantucket, including but not limited to provision of harbor services, public safety protection, emergency services, infrastructure improvements within and around Nantucket Harbor, and professional services pertaining to the potential use or reuse of land, buildings and infrastructure in the vicinity of Nantucket Harbor, and any other purpose allowed by applicable law. Or to take any other action related thereto. (Board of Selectmen) Page 26 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that One Hundred Ninety-one Thousand Three Hundred Dollars ($191,300) be appropriated from the Ferry Embarkation Fee Fund for the purpose of public safety protection, emergency services, and any other purpose allowed by applicable law. ARTICLE 21 (Appropriation: Collective Bargaining Agreement/Fire) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2013 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department union employees (represented by the Nantucket Professional Firefighters Local 2509) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Six Thousand Five Hundred Seventeen Dollars ($6,517) be hereby appropriated to fund the cost items for Fiscal Year 2013, ending June 30, 2013, and as described in a collective bargaining agreement between the Town of Nantucket (represented by the Board of Selectmen) and the Fire Department union employees (represented by the Nantucket Professional Firefighters Local 2509) in accordance with Chapter 150E of the Massachusetts General Laws, and to meet these appropriations that Six Thousand Five Hundred Seventeen Dollars ($6,517) be transferred from the Contractual Obligations appropriation as voted pursuant to Article 8 of the 2012 Annual Town Meeting; and, further, to amend the Town’s classification and compensation plan accordingly to reflect such contract. FINANCE COMMITTEE COMMENT: The Finance Committee supports fair and competitive wages for all Town employees which includes periodic adjustments for inflation and increased responsibility. In the past several years the negotiated personnel cost increases have exceeded the norm of the total job market on Nantucket and the rest of the country. Many of the people paying for these increases (taxpayers) have done so from decreasing resources. The Town has recently made good progress in reducing the negotiated increases in personnel costs which is why the Finance Committee supports this Article. The Finance Committee also believes that more progress must be made in the future. BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee Motion and Comment. ARTICLE 22 (Appropriation: Collective Bargaining Agreement/Airport Union) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2014 in a collective bargaining contract between the Town of Nantucket Page 27 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (represented by the Airport Commission and Airport union employees (represented by the Massachusetts Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s International Union of North America, Local 1060) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee was not presented with a prepared cost analysis of a final memorandum of agreement for this union contract prior to the Warrant with Motions being published. Because personnel costs represent the majority of expenses in the municipal budget, the Committee performs a complete review of collective bargaining contract renewal proposals. It did not have sufficient time to undertake this review prior to Town Meeting. ARTICLE 23 (Appropriation: Collective Bargaining Agreement/Our Island Home) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2014 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Our Island Home union employees (represented by the Service Employees Union International, Local 1199) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee was not presented with a prepared cost analysis of a final memorandum of agreement for this union contract prior to the Warrant with Motions being published. Because personnel costs represent the majority of expenses in the municipal budget, the Committee performs a complete review of collective bargaining contract renewal proposals. It did not have sufficient time to undertake this review prior to Town Meeting. ARTICLE 24 (Appropriation of Insurance Proceeds: Airport Enterprise Fund) To see what sum the Town will vote to transfer from insurance proceeds to the Airport Enterprise Fund, which funds were collected in connection with expenditures made by the Airport’s emergency response to the October 19, 2012 NetJets fuel spill at the Airport, or take any other action relative thereto. Page 28 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that Thirty-nine Thousand Six Hundred Thirty-one Dollars and Ninety-nine Cents ($39,631.99) be transferred from insurance proceeds to the Airport Enterprise Fund for reimbursement of expenses incurred by the Airport’s emergency response to the October 19, 2012 NetJets fuel spill at the Airport. ARTICLE 25 (Community Preservation Committee: Fiscal Year 2014 Budget Transfers) To see what sums the Town will vote to transfer into the Community Preservation Committee reserved and unreserved fund balances to turn back the unspent remainder of projects approved in prior fiscal years so that it is available for future appropriations. FROM TO AMOUNT Article 26 ATM 2008 Maria Mitchell Association Fiscal Year 2014 Community Preservation Committee Historic Preservation reserved fund balance $10,499.49 Total Transfers to Historic Preservation Reserved fund balance $10,449.49 (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the unspent remainder of projects in prior years as listed below be transferred between the various Fiscal Year 2013 accounts as follows: FROM TO AMOUNT Article 26 ATM 2008 Maria Mitchell Association Fiscal Year 2014 Community Preservation Committee Historic Preservation reserved fund balance $10,499.49 Total Transfers to Historic Preservation Reserved fund balance $10,449.49 ARTICLE 26 (Appropriation: FY 2014 Community Preservation Fund) To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2014Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year. Purpose Amount Historic Preservation Nantucket Firemen’s Association Restoration of a 1937 American LaFrance pumper Fire Truck $80,000 Page 29 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Nantucket Maria Mitchell Association Preserving the Historic Façade of the Nantucket Maria Mitchell Association’s Science Library $243,795 St. Paul’s Church in Nantucket Restoration of the exterior vestibule and creation of the handicap accessible walkway, lift and stairway $416,685 First Congregational Church in Nantucket Restoration of the Old North Vestry $195,125 Nantucket Historical Association Preservation of the Old Gaol (Jail) $62,425 Two Center Street Restoration Project Preservation of the Historic Methodist Church Building $160,163\ Nantucket Islands Land Bank Restoration of Historic barn on Sconset Golf course $205,000 University of Florida Preservation Institute 3D laser scanning of Historic buildings for public access $68.596 Sub-total $1,431,789 $20,790 of the funds utilized for this category are from the Designated Reserve for Historic preservation with the balance of the funds to be used in this category from the Community Preservation surcharge and the State matching funds. Community Housing Nantucket Interfaith Council Housing and rental assistance program $120,000 Habitat for Humanity Nantucket Inc. Construct new Habitat for Humanity house on current available or to be available land $200,000 Sub-total $320,000 $21,677 of the funds utilized in this category are from the Designated Reserve for Community housing with the balance of the funds to be used in this category from the Community Preservation surcharge and the State matching funds. Open Space Conservation/Recreation Town of Nantucket Funds to pay the interest and principal in the first year of the Bond authorized at the 2012 Nantucket Town Meeting for the creation of an artificial turf playing field at Nobadeer Farm Road. $125,000 Page 30 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Open Space Reserves Allocation to Open Space Reserves for future use. $230,000 Sub-total $355,000 All of the funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Undesignated Reserves Allocation to Undesignated Reserves for future use $100,000 Sub total $100,000 All of the funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Administrative Community Preservation Committee Administrative and operating expenses $93,211 Sub-total $93,211 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. TOTAL $2,300,000 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY 2014 Community Preservation Surcharge $1,797,000 From State matching funds for FY 2013, to be received in 2014 $449,300 From interest $11,233 From Designated Reserves for Historic preservation $20,790 From Designated Reserves for Community Housing $21,677 Total Revenues $2,300,000 Page 31 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions For fiscal year 2014 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Provided however, that the above expenditures may be conditional on the recording of appropriate historic preservation restrictions for historic resources, open space restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved for later appropriation from the Community Preservation Fund Fiscal Year 2014 revenues or other available funds as indicated herein, for the administrative and operating expenses of the Community Preservation Committee, the undertaking of community preservation projects and all other necessary and proper expenses, for Fiscal Year 2014 community preservation purposes as set forth herein, with each item considered a separate appropriation to be spent by the Community Preservation Committee, as shown below with strikeouts indicating deletions from the Community Preservation Committee article and highlighted text indicating additions/modifications: Purpose Amount Historic Preservation Nantucket Firemen’s Association Restoration of a 1937 American LaFrance pumper Fire Truck $80,000 Nantucket Maria Mitchell Association Preserving the Historic Façade of the Nantucket Maria Mitchell Association’s Science Library $243,795 St. Paul’s Church in Nantucket Restoration of the exterior vestibule and creation of the handicap accessible walkway, lift and stairway $416,685 First Congregational Church in Nantucket Restoration of the Old North Vestry $195,125 Nantucket Historical Association Preservation of the Old Gaol (Jail) $62,425 Two Center Street Restoration Project Preservation of the Historic Methodist Church Building $160,163 Nantucket Islands Land Bank Restoration of Historic barn on Sconset Golf course $205,000 University of Florida Nantucket Preservation Institute 3D laser scanning of Historic buildings for public access $68,596 Sub-total $1,431,789 $1,226,789 Page 32 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions $20,790 of the funds utilized for this category are from the Designated Reserve for Historic preservation with the balance of the funds to be used in this category from the Community Preservation surcharge and the State matching funds. Community Housing Nantucket Interfaith Council Housing and rental assistance program $120,000 Habitat for Humanity Nantucket Inc. Construct new Habitat for Humanity house on current available or to be available land $200,000 Sub-total $320,000 $21,677 of the funds utilized in this category are from the Designated Reserve for Community housing with the balance of the funds to be used in this category from the Community Preservation surcharge and the State matching funds. Open Space Conservation/Recreation Town of Nantucket Funds to pay the interest and principal in the first year of the Bond authorized at the 2012 Nantucket Town Meeting for the creation of an artificial turf playing field at Nobadeer Farm Road. $125,000 Open Space Reserves Allocation to Open Space Reserves for future use. $230,000 Sub-total $355,000 All of the funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Undesignated Reserves Allocation to Undesignated Reserves for future use $100,000 $305,000 Sub total $100,000 $305,000 All of the funds to be used in this category are from the Community Preservation surcharge and the State matching funds. Administrative Page 33 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Community Preservation Committee Administrative and operating expenses $93,211 Sub-total $93,211 All funds to be used in this category are from the Community Preservation surcharge and the State matching funds. TOTAL $2,300,000 And amounts to be appropriated from the following sources: SOURCES AMOUNT Raised and appropriated from FY 2014 Community Preservation Surcharge $1,797,000 From State matching funds for FY 2013, to be received in 2014 $449,300 From interest $11,233 From Designated Reserves for Historic preservation $20,790 From Designated Reserves for Community Housing $21,677 Total Revenues $2,300,000 For fiscal year 2014 Community Preservation Purposes with each item considered a separate appropriation to be spent by the Community Preservation Committee. Provided however, that the above expenditures may be conditional on the recording of appropriate historic preservation restrictions for historic resources, open space restrictions for open space resources, recreational restrictions for recreational resources and for affordable housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. ARTICLE 27 (Appropriation: Prospect Hill Bike Path) 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 $900,000, to be spent by the Town Manager for professional services toward design, permitting, construction supervision and other related professional services, for the construction of the Prospect Hill Bike Path and pedestrian improvements or to take any other action related thereto. Page 34 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (Carol Dunton, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Finance Committee supports the completion of the Prospect Hill Bicycle Path but also supports the recommendation of the Capital Program Committee to fund this project at the $215,000 amount (contained in the Motion to Article 10). BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee Motion and Comment. ARTICLE 28 (Appropriation: FY 2014 Tick-Borne Disease Reduction Program) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds the sum of $75,000 to be spent by the Town Manager for the purpose of developing an island- wide, comprehensive tick- borne disease reduction program for Fiscal Year 2014, or to take any other action related thereto. (Carol Dunton, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: Acknowledging an immediate need for action, the Committee advocates the Board of Health act to lead the Town's initiative against tick- borne disease, including the composition of a long-term plan to determine its epidemiology and incidence on Nantucket and coordinate measures to reduce it. Further, it is the Committee's opinion that all financial appropriations only be considered as part of a line item budget put forward by the Board of Health in future years. BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee Motion and Comment. ARTICLE 29 (Appropriation: Other Post-Employment Benefits Trust Fund) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds, a sum of money to be deposited into the Other Post-employment Benefits Trust Fund; or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Two Hundred Fifty Thousand Dollars ($250,000) be appropriated from Free Cash to be deposited by the Treasurer into the Other Post-employment Benefits Trust Fund. BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee Motion and Comment. Page 35 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 30 (Zoning Bylaw Amendment: Permitted Uses) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To delete section 12C, Neighborhood Employee Housing Overlay District, and section 12J, Multi-Family Overlay District, in their entirety. 2. To amend section 2 as follows: APARTMENT A dwelling unit located on the second or third floor or in the basement of a commercial structure. A maximum of four apartments per lot are allowed in the following districts: [Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] (1) CDT — one dwelling unit is permitted for each 1,000 square feet of lot area. (2) CMI — one dwelling unit is permitted for each 2,000 square feet of lot area. (3) CN — one dwelling unit is permitted for each 3,000 square feet of lot area. (4) CTEC – one dwelling unit is permitted for each 4,000 square feet of lot area. (5) CI – one dwelling unit is permitted for each 5,000 square feet of lot area. BULK MERCHANDISE RETAIL The sale of goods that require a large amount of floor space and which involves goods both warehoused and retailed at the same location. Items for sale include large, categorized products such as household appliances, furniture, construction and lawn equipment, electrical and heating fixtures and supplies, plumbing fixtures and supplies. EMPLOYER DORMITORY A dwelling on a lot occupied by a legally permitted or nonconforming commercial or nonprofit recreational use, or on an adjoining lot under the same ownership, all located outside of the NEHOD TOD in which sleeping accommodations for more than five persons are provided by one or more employers, with occupancy limited solely to their employees. Page 36 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions LUMBERYARD A facility where building materials such as lumber, plywood, drywall, cement blocks, roofing materials, insulation, and the like, including related products such as wallpaper, plumbing and electrical supplies, paint, glass, and hardware, are stored and sold. MEDICAL MARIJUANA TREATMENT CENTER An establishment containing a not-for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. MULTI-FAMILY DWELLING A building(s), structure(s) or area(s) within a building(s) or structure(s) that contains three or four dwelling units on a lot subject to conditions set forth in § 139-12. NEIGHBORHOOD EMPLOYEE HOUSING OVERLAY DISTRICT An overlay district in which housing is provided for six to nine employees in a dwelling unit, together with spouses, domestic partners, and dependents with the total occupancy on the number of persons in a building not to exceed 18 persons per lot, in accordance with § 139-12C. Housing for the exclusive use of employers who own or lease space on a lot, for the purpose of housing their employees, their spouses, domestic partners and dependents. A maximum of two (2) dwelling units shall be permitted per lot with occupancy limited to a total of eighteen (18) persons. In the R-1, ROH, R-5, R-10, R-20, and R-40 districts only, there shall be no more than two (2) lots containing neighborhood employee housing or employer dormitory units (conforming or preexisting nonconforming), within a 1,000 foot radius. The special permit granting authority shall conduct a site plan review in accordance with §139-23 and shall require the submission of a dormitory management plan. OUTBUILDINGS Detached accessory residential structures, not including dwelling units, studios, or sheds. SHED An accessory structure for storage purposes, not designed to be served by heat or plumbing. 3. To amend section 3F as follows: F. Overlay districts. Page 37 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions District Abbreviation Public Wellhead Recharge PWR Flood Hazard Mid-Island Planned FHD MIPOD Multifamily MF Neighborhood Employee Housing NEHOD Country COD Town TOD Formula Business Exclusion FBED Harbor Village Height HOD VHOD 4. To amend section 4 as follows: C. … The Multi-Family Overlay District is located and bounded as shown on a map entitled "Multi-Family Overlay Districts," dated March 13, 2000, prepared by the Nantucket G.I.S. Department as amended to add the area shown as being located in the Multi-Family Overlay District on a map entitled "MFOD- Expansion" dated October, 2001 and February 2002. The districts shown on said map shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk, the Building Commissioner, and the Planning Board upon adoption. and E. The NEHOD shall be coterminous with the Town Overlay District (§ 139-12E) and Country Overlay District (§ 139-12F) as is shown on a map entitled "Town and Country Designations" as may be amended from time to time. 5. To amend section 7A, Use Chart, as follows(NOTE: in this section only, new language is shown in italic, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text) Page 38 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 Primary dwelling Y Y Y Y Y Y Secondary dwelling Y Y Y Y Y Y Accessory apartment Y Y Y Y Y Y Apartment N N N N N N Garage Apartment Y Y Y Y Y Y Duplex Y R-1 N SR-1 N Y Y R-10 N SR-10 N N Elder housing facilities SP SP SP SP SP SP Studio A A A A A A Garage – Residential A/SP A/SP A/SP A/SP A/SP A/SP Shed A A A A A A Outbuildings – other A A Y Y A A Swimming Pool – Residential A N A A A A Home Occupations Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Retail sales N N N N N N Convenience store N N N N N N Alcohol sales N N N N N N Bakery N N N N N N Open air market N N N N N N Pharmacy N N N N N N Medical Marijuana Treatment Center N N N N N N Supermarket N N N N N N Restaurants Small (up to 70 seats) N N N N N N Large (71-200 seats) N N N N N N Take out food establishment N N N N N N Drive-through take-out food N N N N N N Tavern/Bar N N N N N N Formula businesses Retail (Includes: bakery, convenience store, and pharmacy) N N N N N N Supermarket N N N N N N Restaurant Small (up to 70 seats) N N N N N N Large (71-200 seats) N N N N N N Take out food establishment N N N N N N Tavern/Bar N N N N N N Offices N N N N N N Theatres, auditoriums, or other places of public assembly N N N N N N Personal Services SP SP SP SP SP SP Print shop N N N N N N Laundromat or dry-cleaning N N N N N N Residential Business Commercial Page 39 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 establishment Bank N N N N N N Automated teller machine N N N N N N Arcade N N N N N N Art gallery N N N N N N Museum N N N N N N Catering N N N N N N Crematorium N N N N N N Funeral home SP SP SP SP N N Health spa N N N N N N Medical clinic N N N N N N Hospital N N N N N N Transient residential facilities Hotel or inn N N N N N N Rooming, lodging, or guest house N N N N N N Time-sharing/Interval dwelling units N N N N N N Contractor shop N N N N N N Lumberyard N N N N N N Bulk Merchandise Retail N N N N N N Landscape contractor N N N N N N Light manufacturing N N N N N N Food processing N N N N N N Interior or exterior storage or warehousing N N N N N N Motor vehicle sales N N N N N N Motor vehicle rental N N N N N N Motor vehicle repair or painting N N N N N N Motor vehicle service station N N N N N N Motor vehicle parking lots or structures N N N N N N Car wash N N N N N N Taxi cab business N N N N N N Bicycle rental or sale N N N N N N Maritime service station N N N N N N Yacht/Sailing clubs and marinas N N N N N N Adult uses N N N N N N Asphalt/Batching plant N N N N N N Licensed junkyard N N N N N N Transfer station N N N N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N N N Utility production/distribution (does not include WECS) N N N N N N Mining N N N N N N Truck/bus terminal N N N N N N Boat related storage N N N N N N Preservation of a lot in its natural condition Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Farms Y Y Y Y Y Y Commercial Industrial Industrial Page 40 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 Truck gardens Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (including greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Tents Y Y Y Y Y Y Day-care center Y Y Y Y Y Y Kennel SP SP SP SP SP SP Public stable SP SP SP SP SP SP Employer dormitory SP N SP N SPN SP N SP N SP N Swimming Pool – Commercial N N N N N N Recreational facilities SP SP SP SP SP SP Club N N N SP SP SP Other Page 41 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC Primary dwelling A A A Y N Y Y Y Secondary dwelling Y N N N N Y Y Y Accessory apartment Y Y Y Y N Y Y Y Apartment Y Y Y Y N SP N N N Garage Apartment Y Y Y Y Y Y Y Y Duplex Y Y A Y N Y Y Y Elder housing facilities N SP N N N SP SP SP Studio Y Y Y Y N Y Y Y Y Garage – Residential N N A A N A A N Shed N N A A A A A N Outbuildings – other N N A A A A A N Swimming Pool – Residential A A A A N A A A Home Occupations Y Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Y Retail sales Y Y Y A A Y Y Y Convenience store Y Y Y N N Y Y SP Alcohol sales Y Y SP/A N N Y Y SP Bakery Y Y Y Y N SP SP/A SP/A A Open air market Y Y Y N N Y Y N Pharmacy Y Y Y N N Y Y SP N Medical Marijuana Treatment Center N SP SP N SP N N N Supermarket Y Y SP N N Y Y SP N Restaurants Small (up to 70 seats) Y Y SP N N Y Y SP Large (71-200 seats) SP SP N N N Y Y SP N Take out food establishment Y Y SP/A N N SP SP N Drive-through take-out food N N SP N N SP SP N Tavern/Bar Y Y SP/A N N SP SP N Formula businesses Retail (includes: bakery, convenience store, and pharmacy) N Y Y N N SP SP Y/N in FBED Y SP SP/N in FBED N Supermarket Y Y Y N N Y Y N Restaurant Small (up to 70 seats) N SP SP N N SPY/N in FBED SP N SP/N in FBED N Large (71-200 seats) N SP N N N SPY/N in FBED SP N SP/N in FBED N Take out food establishment N SP SP N N Y/N in FBED SP N N Tavern/Bar N SP SP N N Y/N in FBED SP N N Offices Y Y Y A A Y Y Y SP Residential Business Commercial Page 42 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC Theatres, auditoriums, or other places of public assembly Y SP SP N N Y Y N Personal Services Y Y Y A N Y Y SP Print shop Y Y Y Y N Y SP SP N Laundromat or dry-cleaning establishment SP SP SP SP N SP SP SP N Bank Y Y Y N N Y Y SP Automated teller machine Y/A Y/A Y/A N N Y Y SP Arcade N SP/A SP/A N N A A A Art gallery Y Y Y N N SP SP SP Museum Y N SP N N Y Y N Catering N Y Y Y N SP SP/A SP/A A Crematorium N N N N Y A A A Funeral home Y Y Y N N Y Y Y Health spa Y Y Y N N Y Y Y N Medical clinic N SP SP N N Y Y SP N Hospital N N Y N N N N N Transient residential facilities Hotel or inn SP SP SP N N Y N SP Rooming, lodging, or guest house Y Y Y N N Y N Y Time-sharing/Interval dwelling units Y Y Y N N Y N Y Contractor shop N N SP Y Y SP SP N Lumberyard N N N SP Y N N N Bulk Merchandise Retail Y Y Y SP Y N N N Landscape contractor N N SP Y Y SP SP N Light manufacturing N N A SP/A Y SP SP N Food processing N N SP SP Y SP SP N Interior or exterior storage or warehousing N N A SP/A Y SP SP N Motor vehicle sales N SP SP N SP SP SP N Motor vehicle rental Y N SP N N SP SP SP N Motor vehicle repair or painting N SP SP SP Y SP SP N Motor vehicle service station N SP SP SP N SP SP SP N Motor vehicle parking lots or structures Y Y Y SP N SP Y Y N Car wash N SP N N SP SP SP N Taxi cab business N Y Y Y N SP SP N Bicycle rental or sale Y N N SP N SP SP N Maritime service station Y Y Y Y Y Y Y SP N Yacht/Sailing clubs and marinas Y N N N N SP Y Y SP N Adult uses N N N N SP N SP N Asphalt/Batching plant N N N N Y SP N SP N N Licensed junkyard N N N N SP SP N SP N N Transfer station N N N N SP N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N Y SP N SP N N Utility production/distribution SP SP SP SP Y SP N SP N Commercial Industrial Industrial Page 43 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC (does not include WECS) N Mining N N N N Y SP N SP N N Truck/bus terminal N N N SP Y SP N SP N N Boat related storage N N SP Y Y Y Y N Preservation of a lot in its natural condition Y Y Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Including greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Y N Municipal Uses (Any) Y Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Y Day-care center Y Y Y Y SP Y N Y Y Y Kennel SP SP SP SP SP SP SP SP N Public stable SP SP SP SP SP SP SP SP N Employer dormitory SP N SP N SP N SP N SP N SP N SP N SP N Swimming Pool – Commercial N SP/A SP/A A N SP/A SP/A SP/A Recreational facilities SP SP SP SP SP SP SP SP Club Y Y Y Y N Y Y Y Other Page 44 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Primary dwelling Y Y Y Y Y A A Secondary dwelling Y Y Y Y Y N N Accessory apartment Y Y Y Y Y Y Y Apartment N N N N N N N Garage Apartment Y Y Y Y Y Y Y Duplex N N N N N N N Elder housing facilities SP SP SP SP N N N Studio A A A A A Y Y Garage - Residential A/SP A A A/SP A A A Shed A A A A/SP A A A Outbuildings – other A A A A/SP A A A Swimming Pool – Residential A A A A SP A A Home Occupations Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Retail sales N N N N N Y A Convenience store N N N N N SP A Alcohol sales N N N N N A A Bakery N N N N N Y A/SP Open air market N N N N N Y Y Pharmacy N N N N N N N Medical Marijuana Treatment Center N N N N N N N Supermarket N N N N N N N Restaurants Small (up to 70 seats) N N N N N SP N Large (71-200 seats) N N N N N N N Take out food establishment N N N N N A N Drive-through take-out food N N N N N N N Tavern/Bar N N N N N A A Formula businesses Retail (includes: bakery, convenience store, and pharmacy) N N N N N N N Supermarket N N N N N N N Restaurant Small (up to 70 seats) N N N N N N N Large (71-200 seats) N N N N N N N Take out food establishment N N N N N N N Tavern/Bar N N N N N N N Offices N N N N N Y A Theatres, auditoriums, or other places of public assembly N N N N N A A/SP Personal Services N N N N N Y SP Print shop N N N N N N N Laundromat or dry-cleaning establishment N N N N N SP N Business Commercial Page 45 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Bank N N N N N N N Automated teller machine N N N N N A A Arcade N N N N N N N Art gallery N N N N N Y Y Museum N N N SP N SP N Catering N N N N N A A Crematorium N N N SP N N N Funeral home N N N N N N N Health spa N N N N N N N Medical clinic N N N N N N N Hospital N N N N N N N Transient residential facilities Hotel or inn N N N N N N N Rooming, lodging, or guest house N N N N N SP N Time-sharing/Interval dwelling units N N N N N Y N Contractor shop N N N N N N A Lumberyard N N N N N N SP Bulk Merchandise Retail N N N N N SP SP Landscape contractor N N N N N N SP Light manufacturing N N N N N SP/A SP/A Food processing N N N N N N SP Interior or exterior storage or warehousing N N N N N A SP/A Motor vehicle sales N N N N N N N Motor vehicle rental N N N N N N N Motor vehicle repair or painting N N N N N N N Motor vehicle service station N N N N N N N Motor vehicle parking lots or structures N N N N N N N Car wash N N N N N N N Taxi cab business N N N N N N N Bicycle rental or sale N N N N N SP A Maritime service station N N N N N N SP Yacht/Sailing clubs and marinas N N N N N N SP Adult uses N N N N N N N Asphalt/Batching plant N N N N N N N Licensed junkyard N N N N N N N Transfer station N N N N N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N N N N Utility production/distribution (does not include WECS) N N N N N N N Mining N N N N N N N Truck/bus terminal N N N N N N N Boat related storage N N N N N N SP Preservation of a lot in its natural condition Y Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Commercial Industrial Industrial Page 46 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Care and propagation of fish and shellfish Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Includes greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Day-care center Y Y Y Y Y N Y Y N Kennel SP SP SP SP SP SP SP Public stable SP SP SP SP SP SP SP Employer dormitory SP SP SP SP SP N SP SP Swimming Pool – Commercial A A A A N A A Recreational facilities SP SP SP SP SP SP SP Club N SP SP SP N SP SP Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To delete section 12C, Neighborhood Employee Housing Overlay District, and section 12J, Multi-Family Overlay District, in their entirety. 2. To amend section 2 as follows: APARTMENT A dwelling unit located on the second or third floor or in the basement of a commercial structure. A maximum of four apartments per lot are allowed in the following districts: [Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] (1) CDT — one dwelling unit is permitted for each 1,000 square feet of lot area. (2) CMI — one dwelling unit is permitted for each 2,000 square feet of lot area. (3) CN — one dwelling unit is permitted for each 3,000 square feet of lot area. Other Page 47 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (4) CTEC – one dwelling unit is permitted for each 4,000 square feet of lot area. (5) CI – one dwelling unit is permitted for each 5,000 square feet of lot area. BULK MERCHANDISE RETAIL The sale of goods that require a large amount of floor space and which involves goods both warehoused and retailed at the same location. Items for sale include large, categorized products such as household appliances, furniture, construction and lawn equipment, electrical and heating fixtures and supplies, plumbing fixtures and supplies. EMPLOYER DORMITORY A dwelling on a lot occupied by a legally permitted or nonconforming commercial or nonprofit recreational use, or on an adjoining lot under the same ownership, all located outside of the NEHOD TOD in which sleeping accommodations for more than five persons are provided by one or more employers, with occupancy limited solely to their employees. GARAGE A building for covered shelter of one or more motor vehicles. A garage shall be accessory to a residential use, or for vehicle parking at grade, or for commercial storage, repair, washing, painting or other servicing of motor vehicles. The Planning Board shall be the special permit granting authority for residential garages serving as a primary use on a lot. LUMBERYARD A facility where building materials such as lumber, plywood, drywall, cement blocks, roofing materials, insulation, and the like, including related products such as wallpaper, plumbing and electrical supplies, paint, glass, and hardware, are stored and sold. MEDICAL MARIJUANA TREATMENT CENTER An establishment containing a not-for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. The Planning Board shall be the special permit granting authority for any medical marijuana treatment center. MULTI-FAMILY DWELLING A building(s), structure(s) or area(s) within a building(s) or structure(s) that contains three or four dwelling units on a lot subject to conditions set forth in § 139-12. Page 48 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions NEIGHBORHOOD EMPLOYEE HOUSING OVERLAY DISTRICT An overlay district in which housing is provided for six to nine employees in a dwelling unit, together with spouses, domestic partners, and dependents with the total occupancy on the number of persons in a building not to exceed 18 persons per lot, in accordance with § 139-12C. Housing for the exclusive use of employers who own or lease space on a lot, for the purpose of housing their employees, their spouses, domestic partners and dependents. A maximum of two (2) dwelling units shall be permitted per lot with occupancy limited to a total of eighteen (18) persons. In the R-1, ROH, R-5, R-10, R-20, and R-40 districts only, there shall be no more than two (2) lots containing neighborhood employee housing or employer dormitory units (conforming or preexisting nonconforming), within a 1,000 foot radius. The Planning Board shall be the special permit granting authority. Site plan review in accordance with §139-23 and the submission of a dormitory management plan shall be required. OUTBUILDING(S) Detached accessory residential structure(s) such as a cabana, barn, hoop barn, shanty, greenhouse, gazebo, playhouse, fitness studio, home office, but not including dwelling units or structures used for habitation, studios, or sheds. SHED An accessory structure for storage purposes, not designed to be served by heat or plumbing and not to be used for habitation. 3. To amend section 3F as follows: F. Overlay districts. District Abbreviation Public Wellhead Recharge PWR Flood Hazard Mid-Island Planned FHD MIPOD Multifamily MF Neighborhood Employee Housing NEHOD Country COD Town TOD Formula Business Exclusion FBED Page 49 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions District Abbreviation Harbor Village Height HOD VHOD 4. To amend section 4 as follows: C. … The Multi-Family Overlay District is located and bounded as shown on a map entitled "Multi-Family Overlay Districts," dated March 13, 2000, prepared by the Nantucket G.I.S. Department as amended to add the area shown as being located in the Multi-Family Overlay District on a map entitled "MFOD- Expansion" dated October, 2001 and February 2002. The districts shown on said map shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk, the Building Commissioner, and the Planning Board upon adoption. and E. The NEHOD shall be coterminous with the Town Overlay District (§ 139- 12E) and Country Overlay District (§ 139-12F) as is shown on a map entitled "Town and Country Designations" as may be amended from time to time. 5. To amend section 7A, Use Chart, as follows(NOTE: in this section only, new language is shown in italic, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text) Page 50 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 Primary dwelling Y Y Y Y Y Y Secondary dwelling Y Y Y Y Y Y Accessory apartment Y Y Y Y Y Y Apartment N N N N N N Garage Apartment Y Y Y Y Y Y Duplex Y R-1 N SR-1 N Y Y R-10 N SR-10 N N Elder housing facilities SP SP SP SP SP SP Studio A A A A A A Garage – Residential A/SP A/SP A/SP A/SP A/SP A/SP Shed A A A A A A Outbuildings – other A A Y Y A A Swimming Pool – Residential A N A A A A Home Occupations Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Retail sales N N N N N N Convenience store N N N N N N Alcohol sales N N N N N N Bakery N N N N N N Open air market N N N N N N Pharmacy N N N N N N Medical Marijuana Treatment Center N N N N N N Supermarket N N N N N N Restaurants Small (up to 70 seats) N N N N N N Large (71-200 seats) N N N N N N Take out food establishment N N N N N N Drive-through take-out food N N N N N N Tavern/Bar N N N N N N Formula businesses Retail (Includes: bakery, convenience store, and pharmacy) N N N N N N Supermarket N N N N N N Restaurant Small (up to 70 seats) N N N N N N Large (71-200 seats) N N N N N N Take out food establishment N N N N N N Tavern/Bar N N N N N N Offices N N N N N N Theatres, auditoriums, or other places of public assembly N N N N N N Personal Services SP SP SP SP SP SP Residential Business Commercial Page 51 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 Print shop N N N N N N Laundromat or dry-cleaning establishment N N N N N N Bank N N N N N N Automated teller machine N N N N N N Arcade N N N N N N Art gallery N N N N N N Museum N N N N N N Catering N N N N N N Crematorium N N N N N N Funeral home SP SP SP SP N N Health spa N N N N N N Medical clinic N N N N N N Hospital N N N N N N Transient residential facilities Hotel or inn N N N N N N Rooming, lodging, or guest house N N N N N N Time-sharing/Interval dwelling units N N N N N N Contractor shop N N N N N N Lumberyard N N N N N N Bulk Merchandise Retail N N N N N N Landscape contractor N N N N N N Light manufacturing N N N N N N Food processing N N N N N N Interior or exterior storage or warehousing N N N N N N Motor vehicle sales N N N N N N Motor vehicle rental N N N N N N Motor vehicle repair or painting N N N N N N Motor vehicle service station N N N N N N Motor vehicle parking lots or structures N N N N N N Car wash N N N N N N Taxi cab business N N N N N N Bicycle rental or sale N N N N N N Maritime service station N N N N N N Yacht/Sailing clubs and marinas N N N N N N Adult uses N N N N N N Asphalt/Batching plant N N N N N N Licensed junkyard N N N N N N Transfer station N N N N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N N N Utility production/distribution (does not include WECS) N N N N N N Mining N N N N N N Truck/bus terminal N N N N N N Boat related storage N N N N N N Preservation of a lot in its natural Y Y Y Y Y Y Commercial Industrial Industrial Page 52 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 condition Orchards or nurseries Y Y Y Y Y Y Farms Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Including keeping of farm animals, greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Tents Y Y Y Y Y Y Day-care center Y Y Y Y Y Y Kennel SP SP SP SP SP SP Public stable SP SP SP SP SP SP Employer dormitory SP N SP N SPN SP N SP N SP N Neighborhood employee housing SP SP SP SP SP SP Swimming Pool – Commercial N N N N N N Recreational facilities SP SP SP SP SP SP Club N N N SP SP SP Other Page 53 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Commercial Districts Use CDT CMI CN CTEC CI RC RC-2 LC Primary dwelling A A A Y N Y Y Y Secondary dwelling Y N N N N Y Y Y Accessory apartment Y Y Y Y N Y Y Y Apartment Y Y Y Y N SP N N N Garage Apartment Y Y Y Y Y Y Y Y Duplex Y Y A Y N Y Y Y Elder housing facilities N SP N N N SP SP SP Studio Y Y Y Y N Y Y Y Y Garage – Residential N N A A N A A N Shed N N A A A A A N Outbuildings – other N N A A A A A N Swimming Pool – Residential A A A A N A A A Home Occupations Y Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Y Retail sales Y Y Y A A Y Y Y Convenience store Y Y Y N N Y Y SP Alcohol sales Y Y SP/A N N Y Y SP Bakery Y Y Y Y N SP SP/A SP/A A Open air market Y Y Y N N Y Y N Pharmacy Y Y Y N N Y Y SP N Medical Marijuana Treatment Center N N SP N SP N N N Supermarket Y Y SP N N Y Y SP N Restaurants Small (up to 70 seats) Y Y SP N N Y Y SP Large (71-200 seats) SP SP N N N Y Y SP N Take out food establishment Y Y SP/A N N SP SP N Drive-through take-out food N N SP N N SP SP N Tavern/Bar Y Y SP/A N N SP SP N Formula businesses Retail (includes: bakery, convenience store, and pharmacy) N Y Y N N SP SP Y/N in FBED Y SP SP/N in FBED N Supermarket Y Y Y N N Y Y N Restaurant Small (up to 70 seats) N SP SP N N SPY/N in FBED SP N SP/N in FBED N Large (71-200 seats) N SP N N N SPY/N in FBED SP N SP/N in FBED N Take out food establishment N SP SP N N Y/N in FBED SP N N Tavern/Bar N SP SP N N Y/N in FBED SP N N Residential Business Commercial Page 54 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Commercial Districts Use CDT CMI CN CTEC CI RC RC-2 LC Offices Y Y Y A A Y Y Y SP Theatres, auditoriums, or other places of public assembly Y SP SP N N Y Y N Personal Services Y Y Y A N Y Y SP Print shop Y Y Y Y N Y SP SP N Laundromat or dry-cleaning establishment SP SP SP SP N SP SP SP N Bank Y Y Y N N Y Y SP Automated teller machine Y/A Y/A Y/A N N Y Y SP Arcade N SP/A SP/A N N A A A Art gallery Y Y Y N N SP SP SP Museum Y N SP N N Y Y N Catering N Y Y Y N SP SP/A SP/A A Crematorium N N N N Y A A A Funeral home Y Y Y N N Y Y Y Health spa Y Y Y N N Y Y Y N Medical clinic N SP SP N N Y Y SP N Hospital N N Y N N N N N Transient residential facilities Hotel or inn SP SP SP N N Y N SP Rooming, lodging, or guest house Y Y Y N N Y N Y Time-sharing/Interval dwelling units Y Y Y N N Y N Y Contractor shop N N SP Y Y SP SP N Lumberyard N N N SP Y N N N Bulk Merchandise Retail Y Y Y SP Y N N N Landscape contractor N N SP Y Y SP SP N Light manufacturing N N A SP/A Y SP SP N Food processing N N SP SP Y SP SP N Interior or exterior storage or warehousing N N A SP/A Y SP SP N Motor vehicle sales N SP SP N SP SP SP N Motor vehicle rental Y N SP N N SP SP SP N Motor vehicle repair or painting N SP SP SP Y SP SP N Motor vehicle service station N SP SP SP N SP SP SP N Motor vehicle parking lots or structures Y Y Y SP N SP Y Y N Car wash N SP N N SP SP SP N Taxi cab business N Y Y Y N SP SP N Bicycle rental or sale Y N N SP N SP SP N Maritime service station Y Y Y Y Y Y Y SP N Yacht/Sailing clubs and marinas Y N N N N SP Y Y SP N Adult uses N N N N SP N SP N Asphalt/Batching plant N N N N Y SP N SP N N Licensed junkyard N N N N SP SP N SP N N Transfer station N N N N SP N N N Commercial Industrial Industrial Page 55 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Town Commercial Districts Use CDT CMI CN CTEC CI RC RC-2 LC Petroleum product storage or distribution facility (i.e. tank farm) N N N N Y SP N SP N N Utility production/distribution (does not include WECS) SP SP SP SP Y SP N SP N N Mining N N N N Y SP N SP N N Truck/bus terminal N N N SP Y SP N SP N N Boat related storage N N SP Y Y Y Y N Preservation of a lot in its natural condition Y Y Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Including keeping of farm animals, greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Y N Municipal Uses (Any) Y Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Y Day-care center Y Y Y Y Y Y Y Y Kennel SP SP SP SP SP SP SP SP N Public stable SP SP SP SP SP SP SP SP N Employer dormitory SP N SP N SP N SP N SP N SP N SP N SP N Neighborhood employee housing SP SP SP SP SP SP SP SP Swimming Pool – Commercial N SP/A SP/A A N SP/A SP/A SP/A Recreational facilities SP SP SP SP SP SP SP SP Club Y Y Y Y N Y Y Y Other Page 56 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Primary dwelling Y Y Y Y Y A A Secondary dwelling Y Y Y Y Y N N Accessory apartment Y Y Y Y Y Y Y Apartment N N N N N N N Garage Apartment Y Y Y Y Y Y Y Duplex N N N N N N N Elder housing facilities SP SP SP SP N N N Studio A A A A A Y Y Garage - Residential A/SP A A A/SP A A A Shed A A A A/SP A A A Outbuildings – other A A A A/SP A A A Swimming Pool – Residential A A A A SP A A Home Occupations Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Retail sales N N N N N Y A Convenience store N N N N N SP A Alcohol sales N N N N N A A Bakery N N N N N Y A/SP Open air market N N N N N Y Y Pharmacy N N N N N N N Medical Marijuana Treatment Center N N N N N N N Supermarket N N N N N N N Restaurants Small (up to 70 seats) N N N N N SP N Large (71-200 seats) N N N N N N N Take out food establishment N N N N N A N Drive-through take-out food N N N N N N N Tavern/Bar N N N N N A A Formula businesses Retail (includes: bakery, convenience store, and pharmacy) N N N N N N N Supermarket N N N N N N N Restaurant Small (up to 70 seats) N N N N N N N Large (71-200 seats) N N N N N N N Take out food establishment N N N N N N N Tavern/Bar N N N N N N N Offices N N N N N Y A Theatres, auditoriums, or other places of public assembly N N N N N A A/SP Personal Services N N N N N Y SP Print shop N N N N N N N Business Commercial Page 57 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Laundromat or dry-cleaning establishment N N N N N SP N Bank N N N N N N N Automated teller machine N N N N N A A Arcade N N N N N N N Art gallery N N N N N Y Y Museum N N N SP N SP N Catering N N N N N A A Crematorium N N N SP N N N Funeral home N N N N N N N Health spa N N N N N N N Medical clinic N N N N N N N Hospital N N N N N N N Transient residential facilities Hotel or inn N N N N N N N Rooming, lodging, or guest house N N N N N SP N Time-sharing/Interval dwelling units N N N N N Y N Contractor shop N N N N N N A Lumberyard N N N N N N SP Bulk Merchandise Retail N N N N N SP SP Landscape contractor N N N N N N SP Light manufacturing N N N N N SP/A SP/A Food processing N N N N N N SP Interior or exterior storage or warehousing N N N N N A SP/A Motor vehicle sales N N N N N N N Motor vehicle rental N N N N N N N Motor vehicle repair or painting N N N N N N N Motor vehicle service station N N N N N N N Motor vehicle parking lots or structures N N N N N N N Car wash N N N N N N N Taxi cab business N N N N N N N Bicycle rental or sale N N N N N SP A Maritime service station N N N N N N SP Yacht/Sailing clubs and marinas N N N N N N SP Adult uses N N N N N N N Asphalt/Batching plant N N N N N N N Licensed junkyard N N N N N N N Transfer station N N N N N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N N N N Utility production/distribution (does not include WECS) N N N N N N N Mining N N N N N N N Truck/bus terminal N N N N N N N Boat related storage N N N N N N SP Preservation of a lot in its natural condition Y Y Y Y Y Y Y Commercial Industrial Industrial Page 58 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Orchards or nurseries Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Including keeping of farm animals, greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Day-care center Y Y Y Y Y Y Y Kennel SP SP SP SP SP SP SP Public stable SP SP SP SP SP SP SP Employer dormitory SP SP SP SP SP N SP SP Neighborhood employee housing N N N N N N N Swimming Pool – Commercial A A A A N A A Recreational facilities SP SP SP SP SP SP SP Club N SP SP SP N SP SP Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 31 (Zoning Bylaw Amendment: Formula Business – Definition Modification) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 2, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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): FORMULA BUSINESS A type of retail sales establishment, restaurant, tavern, bar, or take-out food establishment which is under common ownership or control or is a franchise, and is one of 14 10 or more other businesses or establishments worldwide maintaining three two or more of the following features: (1) Standardized menu or standardized array of merchandise with 50% or more of in-stock merchandise from a single distributor bearing uniform markings. Other Page 59 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (2) Trademark or service mark, defined as a word, phrase, symbol or design, or a combination or words, phrases, symbols ofr designs that identifies and distinguishes the source of the goods from one party from those of others, on products or as part of store design, such as cups, napkins, bags, boxes, wrappers, straws, store signs or advertising devices. (3) Standardized color scheme used throughout the interior or exterior of the establishment, including, but not limited to, graphics, awnings, signage, and the like visible from the exterior of the structure. (4) Standardized interior décor including, but not limited to style of furniture, wall coverings, permanent fixtures, displays, window treatments (45) Standardized uniform including but not limited to aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags). Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning), section 2 of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): FORMULA BUSINESS A type of retail sales establishment, restaurant, tavern, bar, or take-out food establishment which is under common ownership or control or is a franchise, and is one of 14 10 or more other businesses or establishments worldwide maintaining three two or more of the following features: (1) Standardized menu or standardized array of merchandise with 50% or more of in-stock merchandise from a single distributor bearing uniform markings. (2) Trademark or service mark, defined as a word, phrase, symbol or design, or a combination or words, phrases, symbols ofr designs that identifies and distinguishes the source of the goods from one party from those of others, on products or as part of store design, such as cups, napkins, bags, boxes, wrappers, straws, store signs or advertising devices. (3) Standardized color scheme used throughout the interior or exterior of the establishment, including, but not limited to, graphics, awnings, signage, and the like visible from the exterior of the structure. Page 60 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (4) Standardized interior décor including, but not limited to style of furniture, wall coverings, permanent fixtures, displays, window treatments (45) Standardized uniform including but not limited to aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags). PLANNING BOARD COMMENT: Adoption of this article will strengthen the existing regulations that protect the historic character of a defined portion of downtown from the establishment of formula businesses as defined in the Zoning Bylaw. Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 32 (Zoning Map Change: Brant Point Area Plan Implementation – LC to CN and R-5 and RC to R-10) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions: 1. By placing the following properties currently located in the Limited Commercial (LC) district in the Commercial Neighborhood (CN) district: MAP LOT NUMBER STREET 29 130 30 N BEACH STREET 2. By placing the following properties currently located in the Limited Commercial (LC) district in the Residential 5 (R-5) district: MAP LOT NUMBER STREET 42.4.1 103 18 N BEACH STREET 42.4.1 104 20 N BEACH STREET 42.4.4 18 5 NORTH AVENUE 42.4.4 58 9 NORTH AVENUE 42.4.1 113 6 DOLPHIN COURT 42.4.1 37 5 DOLPHIN COURT 42.4.1 112 3 DOLPHIN COURT 42.4.1 38.1 1 DOLPHIN COURT 42.4.4 16 11 NORTH AVENUE 42.4.1 100 12 N BEACH STREET 42.4.1 101 14 N BEACH STREET 42.4.1 102 16 N BEACH STREET 42.4.4 80 22 N BEACH STREET 42.4.4 81 24 N BEACH STREET Page 61 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 42.4.4 15 26 N BEACH STREET 42.4.4 10 5 SYLVIA LANE 42.4.4 11 3 SYLVIA LANE 42.4.4 12 1 SYLVIA LANE 29 131 38 N BEACH STREET 29 131.1 40 N BEACH STREET 29 132 42 N BEACH STREET 29 133 50 N BEACH STREET 29 135 52 N BEACH STREET 29 135.1 54A N BEACH STREET 29 134 54B N BEACH STREET 29 90 (a portion of) 9 CABOT LANE 42.4.4 17 3 NORTH AVENUE Note: Not Included in Brant Point Area Plan 3. By placing the following property currently located in the Residential Commercial (RC) district in the Residential 10 (R-10) district: MAP LOT NUMBER STREET 29 4 75 HULBERT AVENUE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 32 Brant Point Area Plan Implementation” dated January 2013 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 amend the Zoning Map of the Town of Nantucket by taking the following actions (NOTE: parcels to be deleted from the article as originally proposed are shown by strikeout): 1. By placing the following properties currently located in the Limited Commercial (LC) district in the Commercial Neighborhood (CN) district: MAP LOT NUMBER STREET 29 130 30 N BEACH STREET 2. By placing the following properties currently located in the Limited Commercial (LC) district in the Residential 5 (R-5) district: MAP LOT NUMBER STREET 42.4.1 103 18 N BEACH STREET 42.4.1 104 20 N BEACH STREET Page 62 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 42.4.4 18 5 NORTH AVENUE 42.4.4 58 9 NORTH AVENUE 42.4.1 113 6 DOLPHIN COURT 42.4.1 37 5 DOLPHIN COURT 42.4.1 112 3 DOLPHIN COURT 42.4.1 38.1 1 DOLPHIN COURT 42.4.4 16 11 NORTH AVENUE 42.4.1 100 12 N BEACH STREET 42.4.1 101 14 N BEACH STREET 42.4.1 102 16 N BEACH STREET 42.4.4 80 22 N BEACH STREET 42.4.4 81 24 N BEACH STREET 42.4.4 15 26 N BEACH STREET 42.4.4 10 5 SYLVIA LANE 42.4.4 11 3 SYLVIA LANE 42.4.4 12 1 SYLVIA LANE 29 131 38 N BEACH STREET 29 131.1 40 N BEACH STREET 29 132 42 N BEACH STREET 29 133 50 N BEACH STREET 29 135 52 N BEACH STREET 29 135.1 54A N BEACH STREET 29 134 54B N BEACH STREET 29 90 (a portion of) 9 CABOT LANE 42.4.4 17 3 NORTH AVENUE Note: Not Included in Brant Point Area Plan 3. By placing the following property currently located in the Residential Commercial (RC) district in the Residential 10 (R-10) district: MAP LOT NUMBER STREET 29 4 75 HULBERT AVENUE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 32 Brant Point Area Plan Implementation” dated January 2013 and filed herewith at the Office of the Town Clerk. Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Page 63 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 33 (Zoning Map Change: Holdgate Property – Old South Road RC-2 to CN) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following property currently located in the Residential Commercial 2 (RC- 2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 68 10 40 Old South Road All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 33 Holdgate Property – Old South Road” dated January 2013 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 amend the Zoning Map of the Town of Nantucket by placing the following property currently located in the Residential Commercial 2 (RC-2) district in the Commercial Neighborhood (CN) district: Map Lot Number Street 68 10 40 Old South Road All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 33 Holdgate Property – Old South Road” dated January 2013 and filed herewith at the Office of the Town Clerk. Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 34 (Zoning Bylaw Amendment: Town and Country Overlay District Boundary Adjustments: Vicinity of Hummock Pond Road, Dukes Road, Crooked Lane and Madaket Road) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. By amending section 4E by removing the following properties from the Country Overlay District and adding them to the Town Overlay District: MAP LOT NUMBER STREET 56 311 77 HUMMOCK POND ROAD Page 64 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 56 67.3 99 HUMMOCK POND ROAD 56 308 97 HUMMOCK POND ROAD 56 118 91 HUMMOCK POND ROAD 56 120 89 HUMMOCK POND ROAD 56 310.2 83 HUMMOCK POND ROAD 56 121 81 HUMMOCK POND ROAD 56 309 95 HUMMOCK POND ROAD 56 310.1 87 HUMMOCK POND ROAD 56 122 79 HUMMOCK POND ROAD 56 251 89 VESTAL STREET 56 187 34 DUKES ROAD 56 190 28 DUKES ROAD 56 466 63 HUMMOCK POND ROAD 56 71 65 HUMMOCK POND ROAD 56 217 61 HUMMOCK POND ROAD 56 3 59 HUMMOCK POND ROAD 56 4 55 HUMMOCK POND ROAD 56 5 49 HUMMOCK POND ROAD 56 214 39 HUMMOCK POND ROAD 56 211 75 MILK STREET 56 245 50 DUKES ROAD 56 246 48 DUKES ROAD 56 247 46 DUKES ROAD 56 248 44 DUKES ROAD 56 249 42 DUKES ROAD 56 250.1 38 DUKES ROAD 56 473 77 VESTAL STREET 56 210 73 MILK STREET 56 462 75 VESTAL STREET 56 210.1 71 MILK STREET 56 195.3 56 VESTAL STREET 56 189 30 DUKES ROAD 56 188 32 DUKES ROAD 56 194.1 69 MILK STREET 56 327 41 DUKES ROAD 56 328 39 DUKES ROAD 56 329 37 DUKES ROAD 56 194 67 MILK STREET 56 192 73 VESTAL STREET 56 195.1 60 VESTAL STREET 56 195.2 58 VESTAL STREET Page 65 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 56 467 71 VESTAL STREET 56 435 69 VESTAL STREET 41 56.1 52 VESTAL STREET 41 56 50 VESTAL STREET 41 55 48 VESTAL STREET 41 188 4 DUKES ROAD 41 314 4 TULIP LANE 41 531 51 CROOKED LANE 41 201.3 43 CROOKED LANE 41 201.2 57 MADAKET ROAD 41 201 61 MADAKET ROAD 41 608 67- VESTAL STREET 41 54 44 VESTAL STREET 41 62 18 DUKES ROAD 41 59 67 VESTAL STREET 41 61 16 DUKES ROAD 41 530.1 27 DUKES ROAD 41 58.1 63 VESTAL STREET 41 59.1 65 VESTAL STREET 41 60 14 DUKES ROAD 41 530.3 25 DUKES ROAD 41 58.2 61 VESTAL STREET 41 197 23 DUKES ROAD 41 192 12 DUKES ROAD 41 57 57 VESTAL STREET 41 196 21 DUKES ROAD 41 191 10 DUKES ROAD 41 195 19 DUKES ROAD 41 190 8 DUKES ROAD 41 198 60 CROOKED LANE 41 189 6 DUKES ROAD 41 313 17 DUKES ROAD 41 187 2 DUKES ROAD 41 587 46 MADAKET ROAD 41 586 48 MADAKET ROAD 41 585 50 MADAKET ROAD 41 584 52 MADAKET ROAD 41 583 54 MADAKET ROAD 41 582 56 MADAKET ROAD 41 200 62 MADAKET ROAD 41 200.4 64 MADAKET ROAD Page 66 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 41 200.3 66 MADAKET ROAD 41 200.2 68 MADAKET ROAD 41 462.3 70 MADAKET ROAD 41 462.8 72 MADAKET ROAD 41 202 41 CROOKED LANE 41 203.2 35 CROOKED LANE 41 203.1 33 CROOKED LANE 41 203 31 CROOKED LANE 41 204 29 CROOKED LANE 41 73 154 CLIFF ROAD 41 79 9 CROOKED LANE 41 80 7 CROOKED LANE 41 470 5 CROOKED LANE 41 80.1 7A CROOKED LANE 41 69 166 CLIFF ROAD 41 837 164 CLIFF ROAD 41 70 162 CLIFF ROAD 41 74 150 CLIFF ROAD 41 74.1 152 CLIFF ROAD 41 836 154 CLIFF ROAD 41 71 158 CLIFF ROAD 41 75.1 148 CLIFF ROAD 41 75 146 CLIFF ROAD 41 76 144 CLIFF ROAD 41 78 142 CLIFF ROAD 41 575 140 CLIFF ROAD 41 81 1 CROOKED LANE 41 72 11R CROOKED LANE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 34 Overlay Change” dated January 2013 and filed herewith at the Office of the Town Clerk. 2. By deleting section E(1) its entirety. 3. By deleting section F(1) in its entirety. Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the Page 67 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 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. By amending section 4E by removing the following properties from the Country Overlay District and adding them to the Town Overlay District: MAP LOT NUMBER STREET 56 311 77 HUMMOCK POND ROAD 56 67.3 99 HUMMOCK POND ROAD 56 308 97 HUMMOCK POND ROAD 56 118 91 HUMMOCK POND ROAD 56 120 89 HUMMOCK POND ROAD 56 310.2 83 HUMMOCK POND ROAD 56 121 81 HUMMOCK POND ROAD 56 309 95 HUMMOCK POND ROAD 56 310.1 87 HUMMOCK POND ROAD 56 122 79 HUMMOCK POND ROAD 56 251 89 VESTAL STREET 56 187 34 DUKES ROAD 56 190 28 DUKES ROAD 56 466 63 HUMMOCK POND ROAD 56 71 65 HUMMOCK POND ROAD 56 217 61 HUMMOCK POND ROAD 56 3 59 HUMMOCK POND ROAD 56 4 55 HUMMOCK POND ROAD 56 5 49 HUMMOCK POND ROAD 56 214 39 HUMMOCK POND ROAD 56 211 75 MILK STREET 56 245 50 DUKES ROAD 56 246 48 DUKES ROAD 56 247 46 DUKES ROAD 56 248 44 DUKES ROAD 56 249 42 DUKES ROAD 56 250.1 38 DUKES ROAD 56 473 77 VESTAL STREET 56 210 73 MILK STREET 56 462 75 VESTAL STREET 56 210.1 71 MILK STREET 56 195.3 56 VESTAL STREET 56 189 30 DUKES ROAD 56 188 32 DUKES ROAD 56 194.1 69 MILK STREET Page 68 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 56 327 41 DUKES ROAD 56 328 39 DUKES ROAD 56 329 37 DUKES ROAD 56 194 67 MILK STREET 56 192 73 VESTAL STREET 56 195.1 60 VESTAL STREET 56 195.2 58 VESTAL STREET 56 467 71 VESTAL STREET 56 435 69 VESTAL STREET 41 56.1 52 VESTAL STREET 41 56 50 VESTAL STREET 41 55 48 VESTAL STREET 41 188 4 DUKES ROAD 41 314 4 TULIP LANE 41 531 51 CROOKED LANE 41 201.3 43 CROOKED LANE 41 201.2 57 MADAKET ROAD 41 201 61 MADAKET ROAD 41 608 67- VESTAL STREET 41 54 44 VESTAL STREET 41 62 18 DUKES ROAD 41 59 67 VESTAL STREET 41 61 16 DUKES ROAD 41 530.1 27 DUKES ROAD 41 58.1 63 VESTAL STREET 41 59.1 65 VESTAL STREET 41 60 14 DUKES ROAD 41 530.3 25 DUKES ROAD 41 58.2 61 VESTAL STREET 41 197 23 DUKES ROAD 41 192 12 DUKES ROAD 41 57 57 VESTAL STREET 41 196 21 DUKES ROAD 41 191 10 DUKES ROAD 41 195 19 DUKES ROAD 41 190 8 DUKES ROAD 41 198 60 CROOKED LANE 41 189 6 DUKES ROAD 41 313 17 DUKES ROAD 41 187 2 DUKES ROAD 41 587 46 MADAKET ROAD Page 69 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 41 586 48 MADAKET ROAD 41 585 50 MADAKET ROAD 41 584 52 MADAKET ROAD 41 583 54 MADAKET ROAD 41 582 56 MADAKET ROAD 41 200 62 MADAKET ROAD 41 200.4 64 MADAKET ROAD 41 200.3 66 MADAKET ROAD 41 200.2 68 MADAKET ROAD 41 462.3 70 MADAKET ROAD 41 462.8 72 MADAKET ROAD 41 202 41 CROOKED LANE 41 203.2 35 CROOKED LANE 41 203.1 33 CROOKED LANE 41 203 31 CROOKED LANE 41 204 29 CROOKED LANE 41 73 154 CLIFF ROAD 41 79 9 CROOKED LANE 41 80 7 CROOKED LANE 41 470 5 CROOKED LANE 41 80.1 7A CROOKED LANE 41 69 166 CLIFF ROAD 41 837 164 CLIFF ROAD 41 70 162 CLIFF ROAD 41 74 150 CLIFF ROAD 41 74.1 152 CLIFF ROAD 41 836 154 CLIFF ROAD 41 71 158 CLIFF ROAD 41 75.1 148 CLIFF ROAD 41 75 146 CLIFF ROAD 41 76 144 CLIFF ROAD 41 78 142 CLIFF ROAD 41 575 140 CLIFF ROAD 41 81 1 CROOKED LANE 41 72 11R CROOKED LANE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 34 Overlay Change” dated January 2013 and filed herewith at the Office of the Town Clerk. 2. By deleting section E(1) its entirety. 3. By deleting section F(1) in its entirety. Page 70 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD COMMENT: The addition of these parcels to the Town Overlay District (TOD) is consistent with Policy 2.1.1 of the Master Plan. The properties included in this article are consistent with the TOD based on the following criteria: the properties are located in “town” zoning districts, are serviced by municipal water and/or sewer, and are in close proximity to bike paths and NRTA routes. The addition of these parcels to the TOD has no impact on subdivision potential. The deletion of the sections 139-12E(1) and 139-12F(1) are housekeeping matters that have no impact other than to eliminate redundant and unnecessary language from those sections of the Zoning Bylaw. Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 35 (Zoning Map Change: R-20 to R-10 – Meadow Lane) 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 10 (R-10) district: MAP LOT NUMBER STREET 41 403 (a portion of) 10 MEADOW LANE 41 446 9 MEADOW LANE 41 445 7 MEADOW LANE 41 444 5 MEADOW LANE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 35 Meadow Lane” dated January 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 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 10 (R-10) district: MAP LOT NUMBER STREET 41 403 (a portion of) 10 MEADOW LANE 41 446 9 MEADOW LANE 41 445 7 MEADOW LANE 41 444 5 MEADOW LANE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 35 Meadow Lane” dated January 2012 and filed herewith at the Office of the Town Clerk. Page 71 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD COMMENT: The properties included in this article are currently nonconforming to lot size. This rezoning will bring them into conformance and will not result in the creation of any additional lots. Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 36 (Zoning Bylaw Amendment and Zoning Map Change: Village Height Overlay District and Hummock Pond Farms – LUG-2 to VR) To see if the Town will vote to take the following actions: 1. To amend chapter 139 (Zoning) of the Code of the Town of Nantucket, section 4F, 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): The Village Height Overlay District (VHOD) is shown on a map entitled “2009 Special Town Meeting Warrant Article 20, Zoning Change, Madaket, 41-81D Master Plan, Planning Area 1” dated July 2009. “Village Height Overlay District” dated December 2012, as may be amended from time to time. 2. To amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 4F, by adding the following parcels to the Village Height Overlay District and to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General 2 (LUG-2) district in the Village Residential (VR) district: MAP LOT NUMBER STREET 82 92 4 ISHMAEL ROAD 82 98 1 MELVILLE COURT 65 60 4 MOBY WAY 82 102 34 AHAB DRIVE 82 103 32 AHAB DRIVE 82 104 30 AHAB DRIVE 82 99 2 MELVILLE COURT 82 100 4 MELVILLE COURT 82 101 6 MELVILLE COURT 82 93 2 ISHMAEL ROAD 82 105 28 AHAB DRIVE 82 106 26 AHAB DRIVE Page 72 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 82 91 6 ISHMAEL ROAD 82 97 21 AHAB DRIVE 82 90 8 ISHMAEL ROAD 82 107 24 AHAB DRIVE 82 96 19 AHAB DRIVE 65 69 3 QUEQUEG DRIVE 65 66 10 ISHMAEL ROAD 65 70 5 QUEQUEG DRIVE 82 95 17 AHAB DRIVE 65 52 22 AHAB DRIVE 65 53 20 AHAB DRIVE 65 68 9 AHAB DRIVE 65 67 11 AHAB DRIVE 65 54 18 AHAB DRIVE 65 65 7 AHAB DRIVE 65 55 16 AHAB DRIVE 65 63 6 AHAB DRIVE 65 56 14 AHAB DRIVE 65 57 12 AHAB DRIVE 65 62 4 AHAB DRIVE 65 64 8 AHAB DRIVE 65 61 2 AHAB DRIVE 65 58 3 MOBY WAY 65 59 5 MOBY WAY All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 36 Zoning Change LUG-2 to VR and Addition to Village Height Overlay District” dated January 2013 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: Although this article was proposed to address a neighborhood concern, additional research and neighborhood outreach is needed. Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Page 73 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 37 (Zoning Bylaw Amendment: VTEC/VR Intensity Regulations) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 16 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): District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio … VR … VTEC 20,000 40,000 30 20 30 15 10 20 100 100 10% 7 25% Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning), section 16 of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio … VR … VTEC 20,000 40,000 30 20 30 15 10 20 100 100 10% 7 25% Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Page 74 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 38 (Zoning Map Change: Siasconset SR-20 to SR-10) To see if the Town will vote to: Amend the Nantucket Zoning Map to move 32, 34, 36, 40, 42, 44, and 46 Baxter Road, 1 and 5 Ann’s Lane, and 49, 51R, and 55 Sankaty Road from the Sconset Residential 20 district to the Sconset Residential 10 district, or to take any other action related thereto. (Steven Cohen, et al) PLANNING BOARD MOTION: Moved to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Sconset Residential-20 (R-20) district in the Sconset Residential 10 (R-10) district: MAP LOT NUMBER STREET 49.2.3 29 32 Baxter Road 49.2.3 28 34 Baxter Road 49.2.3 3 36 Baxter Road 49 63 40 Baxter Road 49 62 42 Baxter Road 49 61 44 Baxter Road 49 60 46 Baxter Road 49 68 5 Ann’s Lane 49 67 1 Ann’s Lane/Way 49 66 49 Sankaty Road 49 65.1 51R Sankaty Road 49 69 55 Sankaty Road PLANNING BOARD COMMENT: Approval of this article will complete an area rezoning that began at the 2012 Annual Town Meeting; however, the text of the 2012 rezoning inadvertently omitted these parcels. Placing them in the SR-10 district will result in the lots becoming conforming to lot size, and will not result in the creation of any subdivision potential. Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 39 (Zoning Bylaw Amendment: Intensity Regulations) To see if the Town of Nantucket will amend the Nantucket Zoning Bylaw Chapter 139-16 B. (3) by inserting the highlighted text and deleting the text indicated by strikethrough as following: Only in the Town Overlay District Ffrontage of a lot may be reduced for an individual lot in a subdivision or on a plan endorsed "approval not required" to a minimum of 50 feet (which width shall not be reduced at any depth within the lot, provided that:… Page 75 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (Cormac Collier, et al) PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: The Board discussed the possible implications of this proposed bylaw change, which affects the Country Overlay District only. It determined that eliminating the frontage averaging provision of the Zoning Bylaw, which does not allow for the creation of any additional lots beyond what would normally be allowed, would potentially result in the installation of more infrastructure in outlying areas, where installation of such infrastructure can sometimes be avoided by using this provision. Quantum of vote required for passage of the motion 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 40 (Zoning Bylaw Amendment: Secondary Dwelling) To see if the Town will vote to amend Chapter 139 Section 2, definition of “Secondary Dwelling” to add the following language as a new paragraph at the end of the existing definition: “Notwithstanding any language contained herein to the contrary, any property that is owned by a validly created and existing cooperative housing corporation as of December 31, 2012, may be converted to a residential condominium form of ownership, maintaining the separate beneficial ownership of the primary and secondary dwellings, without subjecting such property to the Nantucket Housing Needs Covenant.” (Jessie M. Glidden, et al) PLANNING BOARD MOTION: Moved to amend Chapter 139 (Zoning), section 2, definition of “Secondary Dwelling” to add the following language as a new paragraph at the end of the existing definition: “Notwithstanding any language contained herein to the contrary, any property that is owned by a validly created and existing cooperative housing corporation as of December 31, 2012, may be converted to a residential condominium form of ownership, maintaining the separate beneficial ownership of the primary and secondary dwellings, without subjecting such property to the Nantucket Housing Needs Covenant.” Quantum of vote required for passage of this motion is 2/3. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. ARTICLE 41 (Wind Turbine Moratorium) To see if the Town will vote to place a moratorium on the permitting, construction and installation of any form of wind turbine in all zones and districts, including municipal Page 76 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions use, including but not limited to residential, commercial, industrial, educational, and agricultural zones throughout the entire Town of Nantucket (including the islands of Tuckernuck and Muskeget) including on-shore and off-shore areas, and to direct all elected Board members within the Town of Nantucket, and all appointed officials or employees of the Town of Nantucket, to take all actions necessary, to cease, suspend and otherwise prohibit the permitting, construction, installation, and contract negotiation for the siting of any commercial or municipal wind turbines anywhere within the borders of the Town of Nantucket, on public or private land, under the present or future zoning by-laws or by special permit, building permit or otherwise for a period of five (5) years; or to take any other action related thereto. (Bruce R. Mandel, et al) FINANCE COMMITTEE MOTION: Moved that the Article be referred to the Planning Board for further study of the Code of the Town of Nantucket Chapter 139 (Zoning) section 21 (Wind energy conversion systems (WECS)) and other related articles or sections, as they pertain to the siting and installation of wind turbines; that the study be comprised of or include a Citizens Advisory Committee which will work with the Planning Board and its representatives to gather and present relevant information to the Planning Board for consideration; that after proper review and consideration the Planning Board present to a future Annual Town Meeting any recommended amendments to the Zoning Bylaw that may address related issues, including but not limited to: uniform standards for project evaluation and permitting; wind turbine siting and installation; performance monitoring, reporting and enforcement; health and safety of residents and visitors; site plan review; noise and sound issues; complaint resolution process and response; intensity regulations; impacted abutter notification; flicker and strobe; post installation performance and compliance, and repair and/or removal; and other issues as determined by the Planning Board to be worthy of inclusion in this report; to make recommendations for consideration by the Board of Selectmen. BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee Motion and Comment. ARTICLE 42 (Bylaw Amendment: Board of Sewer Commissioners/ Town 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 taking the following actions: 1. By amending section 41-3A 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): Page 77 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions A. Town Sewer District is shown on a map entitled "Nantucket Sewer Districts Town and Siasconset" prepared by the Town of Nantucket GIS Coordinator, dated April 20, 2010, as may be amended from time to time. The above referenced map incorporates the original sewer district map dated March 2004 as approved through Article 56 of the 2004 Annual Town Meeting and all subsequent amendments as may be approved through the 2010 Annual by Town Meeting from time to time. The Town Sewer District, projected to have a summer average daily flow capacity of 2,800,000 mgd, is serviced by the Surfside Wastewater Treatment Facility. 2. By adding the following parcels to the Town Sewer District: MAP LOT NUMBER STREET 56 245 50 DUKES ROAD 56 246 48 DUKES ROAD 56 247 46 DUKES ROAD 56 248 44 DUKES ROAD 56 249 42 DUKES ROAD 56 327 41 DUKES ROAD 56 328 39 DUKES ROAD 54 223 14 BREWSTER ROAD 54 236 15 BREWSTER ROAD 54 221 16 BREWSTER ROAD 54 222 17 BREWSTER ROAD 54 220.2 20 BREWSTER ROAD 54 220.1 5 BOSTON AVENUE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 42 Town Sewer District Expansion” dated January 2013 and filed herewith at the Office of the Town Clerk. (Board of Selectmen) 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 is hereby amended as follows: 1. By amending section 41-3A 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): A. Town Sewer District is shown on a map entitled "Nantucket Sewer Districts Town and Siasconset" prepared by the Town of Nantucket GIS Coordinator, dated April 20, 2010, as may be amended from time to time. The above Page 78 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions referenced map incorporates the original sewer district map dated March 2004 as approved through Article 56 of the 2004 Annual Town Meeting and all subsequent amendments as may be approved through the 2010 Annual by Town Meeting from time to time. The Town Sewer District, projected to have a summer average daily flow capacity of 2,800,000 mgd, is serviced by the Surfside Wastewater Treatment Facility. 2. By adding the following parcels to the Town Sewer District: MAP LOT NUMBER STREET 56 245 50 DUKES ROAD 56 246 48 DUKES ROAD 56 247 46 DUKES ROAD 56 248 44 DUKES ROAD 56 249 42 DUKES ROAD 56 327 41 DUKES ROAD 56 328 39 DUKES ROAD 54 223 14 BREWSTER ROAD 54 236 15 BREWSTER ROAD 54 221 16 BREWSTER ROAD 54 222 17 BREWSTER ROAD 54 220.2 20 BREWSTER ROAD 54 220.1 5 BOSTON AVENUE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 42 Town Sewer District Expansion” dated January 2013 and filed herewith at the Office of the Town Clerk. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. The Board has tasked its Sewer Planning Work Group with the establishment of new/revised criteria for the expansion of Sewer Districts which is expected to be complete before the next Annual Town Meeting. ARTICLE 43 (Bylaw Amendment: Board of Sewer Commissioners/ Siasconset 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 taking the following actions: 1. By amending section 41-3B 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 Page 79 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions that it be in compliance with the numbering format of the Code of the Town of Nantucket): B. Siasconset Sewer District as shown on a map entitled "Nantucket Sewer Districts Town and Siasconset" prepared by the Town of Nantucket GIS Coordinator, dated April 20, 2010, as may be amended from time to time. The above referenced map incorporates the original sewer district map dated March 2004 as approved through Article 56 of the 2004 Annual Town Meeting and all subsequent amendments as may be approved by Town Meeting from time to time.: an area outlined in blue on a map entitled, "Comprehensive Wastewater Management Plan, (Proposed) SIASCONSET SEWER DISTRICT," with a summer average daily flow capacity of 220,000 mgd, dated March 2004 (on file in the office of the Town Clerk), or as shown in an additional area outlined in blue on a supplemental map entitled "Article 51, 2006 Annual Town Meeting Additions to the Siasconset Sewer District dated as of March 7, 2006, Nantucket, Massachusetts" and as shown in an area outlined in green on a supplemental map entitled "2007 Annual Town Meeting Article 41" and further as shown on an area outlined in red on a supplemental map entitled “2009 Annual Town Meeting Article 53"; and further shown in the additional area indicated on a map entitled "Article 38 - 2010 Annual Town Meeting Additions to the Siasconset Sewer District dated as of November 5, 2009, Nantucket, MA" The Siasconset Sewer District, projected to have a summer average daily flow of 220,000 mgd, is serviced by within which all sewage shall be collected, transported to, treated by and disposed from the Siasconset Wastewater Treatment Facility. 2. By adding the following parcels to the Siasconset Sewer District: MAP LOT NUMBER STREET 72 2 309 MILESTONE ROAD 72 21 315 MILESTONE ROAD 72 7 1 MC GARVEYS WAY 72 5 5 MC GARVEYS WAY 72 4 4 MC GARVEYS WAY 72 3 6 SEVEN MILE LANE 72 52 2 SEVEN MILE LANE 72 53 4 SEVEN MILE LANE 72 54 5 SEVEN MILE LANE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 43 Siasconset Sewer District Expansion” dated January 2013 and filed herewith at the Office of the Town Clerk. (Board of Selectmen) 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 is hereby amended as follows: Page 80 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 1. By amending section 41-3B 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): B. Siasconset Sewer District as shown on a map entitled "Nantucket Sewer Districts Town and Siasconset" prepared by the Town of Nantucket GIS Coordinator, dated April 20, 2010, as may be amended from time to time. The above referenced map incorporates the original sewer district map dated March 2004 as approved through Article 56 of the 2004 Annual Town Meeting and all subsequent amendments as may be approved by Town Meeting from time to time.: an area outlined in blue on a map entitled, "Comprehensive Wastewater Management Plan, (Proposed) SIASCONSET SEWER DISTRICT," with a summer average daily flow capacity of 220,000 mgd, dated March 2004 (on file in the office of the Town Clerk), or as shown in an additional area outlined in blue on a supplemental map entitled "Article 51, 2006 Annual Town Meeting Additions to the Siasconset Sewer District dated as of March 7, 2006, Nantucket, Massachusetts" and as shown in an area outlined in green on a supplemental map entitled "2007 Annual Town Meeting Article 41" and further as shown on an area outlined in red on a supplemental map entitled “2009 Annual Town Meeting Article 53"; and further shown in the additional area indicated on a map entitled "Article 38 - 2010 Annual Town Meeting Additions to the Siasconset Sewer District dated as of November 5, 2009, Nantucket, MA" The Siasconset Sewer District, projected to have a summer average daily flow of 220,000 gallons per day, is serviced by within which all sewage shall be collected, transported to, treated by and disposed from the Siasconset Wastewater Treatment Facility. 2. By adding the following parcels to the Siasconset Sewer District: MAP LOT NUMBER STREET 72 2 309 MILESTONE ROAD 72 21 315 MILESTONE ROAD 72 7 1 MC GARVEYS WAY 72 5 5 MC GARVEYS WAY 72 4 4 MC GARVEYS WAY 72 3 6 SEVEN MILE LANE 72 52 2 SEVEN MILE LANE 72 53 4 SEVEN MILE LANE 72 54 5 SEVEN MILE LANE All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 43 Siasconset Sewer District Expansion” dated January 2013 and filed herewith at the Office of the Town Clerk. Page 81 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion. The Board has tasked its Sewer Planning Work Group with the establishment of new/revised criteria for the expansion of Sewer Districts which is expected to be complete before the next Annual Town Meeting. ARTICLE 44 (Bylaw Amendment: Committees/Capital Program Committee) To see if the Town will vote to amend Chapter 11, Article II of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): Article II Capital Program Committee § 11-6. Establishment; membership. There shall be a Capital Program Committee consisting of seven voting members. A. Four Five voting members will be appointed by the Board of Selectmen with terms beginning and ending with the fiscal year, July 1 through June 30. With the exception of the first appointments, each term will be three years. The first Board of Selectmen appointments will be as follows: Committee members one and two initial appointments will carry a one-year term; Committee member three initial appointment will carry a two-year term; and Committee member four initial appointment will carry a three-year term. After the initial terms, terms will follow the three-year rotation. For any first appointment made after an amendment to this paragraph A, the Board of Selectmen shall appoint a member to a two or three year term, so as to have no more than two terms expiring in any year. B. A fifth sixth voting member shall be appointed by the Board of Selectmen; a sixth voting member shall be appointed by the Finance Committee; the seventh voting member shall be appointed by the Nantucket Planning and Economic Development Commission. Each of the fifth, sixth and seventh members must be members of the Finance Committee and Nantucket Planning and Economic Development Commission respectively. Board, Commission or Committee at the time of appointment. Board, Commission or Committee Finance Committee and Nantucket Planning and Economic Development Commission appointments shall be for one fiscal year and coterminus with the Town's fiscal year or at cessation of the member's term of appointment, whichever first occurs. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 82 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee further recommends that a complete review of the Capital Program Committee’s role be undertaken. ARTICLE 45 (Bylaw Amendment: Council for Human Services) To see if the Town will vote to amend Chapter 12 (Council for Human Services) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): §12-5. Contract Review Subcommittee – membership, terms, vacancies. The Contract Review Subcommittee shall consist of seven Nantucket residents. At the beginning of each fiscal year, two members of the Contract Review Subcommittee shall be appointed by and shall be members of the Council for Human Services; one member shall be appointed by and be a member of the Finance Committee; one member shall be appointed by and be a member of the Nantucket Planning and Economic Development Commission; one member shall be appointed by and be a member of the Board of Selectmen. Two Three members shall be members of the public-at-large and shall be appointed by the Board of Selectmen. Members of the Contract Review Subcommittee who are members of the public at large shall be appointed for a term of three years. Each member of the existing Contract Review Committee serving at the time of the passage of this chapter shall take office as a member of the Contract Review Subcommittee and shall remain in office until the end of his or her term and until a successor member is duly appointed. Members of the Contract Review Subcommittee shall be in full compliance with the provisions of Massachusetts General Law Chapter 268A. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 12 (Council for Human Services) of the Code of the Town of Nantucket is hereby 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): §12-5. Contract Review Subcommittee – membership, terms, vacancies. The Contract Review Subcommittee shall consist of seven Nantucket residents. At the beginning of each fiscal year, two members of the Contract Review Subcommittee shall be appointed by and shall be members of the Council for Human Services; one member shall be appointed by and be a member of the Finance Committee; one member shall be appointed by and be a member of the Nantucket Planning and Economic Development Commission; one member shall be appointed by and be a member of the Board of Selectmen. Two Three members shall be members of the public-at-large and shall be appointed by the Board of Selectmen. Members of the Contract Review Subcommittee who are members of the public at large shall be appointed for a term of three years. Each member of the existing Contract Review Committee serving at the time of the passage of this chapter shall take office as a member of the Contract Review Subcommittee and shall remain in office until the end of his or her term and until a Page 83 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions successor member is duly appointed. Members of the Contract Review Subcommittee shall be in full compliance with the provisions of Massachusetts General Law Chapter 268A. ARTICLE 46 (Bylaw Amendment: Committees/Visitor Services and Information Advisory Committee) To see if the Town will vote to amend Chapter 11 (Committees), Article IV (Visitor Services and Information Advisory Committee) of the Code of the Town of Nantucket as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): § 11-16. Administrative duties; budget; expenditures. Duties. §11-16. Duties. The Visitor Services and Information Advisory Committee will oversee Nantucket's current Information Bureau, which Bureau will continue to be a Town department. It will provide the central administrative staff to carry out the day-to-day operations in accordance with the functions listed below. Seasonal employees, as required, will be overseen by the central staff. The employees of the Information Bureau may change in number or job functions, in accordance with the procedures for Town employees stated in the Personnel Bylaw. The budget of the Information Bureau will be reviewed through the usual Finance Committee procedure for departments and by the Visitor Services and Information Advisory Committee. Prior to making expenditures for the various functions to be carried out, the Visitor Services and Information Advisory Committee will present an expenditure plan for the funds voted by Town Meeting to the Board of Selectmen for its approval. provide recommendations to the Board of Selectmen and/or Town Administration regarding island visitor services, including information and resource promotion, public rest room facilities, signage, and public information. §11-17. Functions. The principal functions carried out will be island visitor services, information and resource promotion; this may include funding allocations for additional visitor service purposes such as construction and maintenance of public rest room facilities, beach/harbor maintenance, signage, cleaning of public places and public information. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 11 (Committees), Article IV (Visitor Services and Information Advisory Committee) of the Code of the Town of Nantucket is hereby 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): Page 84 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Change the words “Visitor Services and Information Advisory Committee” to “Visitor Services Advisory Committee” wherever it appears in the Town Code; § 11-16. Administrative duties; budget; expenditures. Duties. §11-16. Duties. The Visitor Services and Information Advisory Committee will oversee Nantucket's current Information Bureau, which Bureau will continue to be a Town department. It will provide the central administrative staff to carry out the day-to-day operations in accordance with the functions listed below. Seasonal employees, as required, will be overseen by the central staff. The employees of the Information Bureau may change in number or job functions, in accordance with the procedures for Town employees stated in the Personnel Bylaw. The budget of the Information Bureau will be reviewed through the usual Finance Committee procedure for departments and by the Visitor Services and Information Advisory Committee. Prior to making expenditures for the various functions to be carried out, the Visitor Services and Information Advisory Committee will present an expenditure plan for the funds voted by Town Meeting to the Board of Selectmen for its approval. regularly evaluate the level of services being offered to Nantucket visitors; provide a written annual report to the Board of Selectmen and/or Town Administration listing recommendations for improving and/or expanding visitor services; will monitor the operation of the Information Bureau and satellite kiosks through regularly scheduled meetings with Visitor Services administrative staff; and assist in developing an annual proposed budget that reflects recommendations regarding fulfilling visitor expectations and needs to the world class destination of Nantucket. §11-17. Functions. The principal functions carried out will be island visitor services, information and resource promotion; this may include funding allocations for additional visitor service purposes such as construction and maintenance of public rest room facilities, beach/harbor maintenance, signage, cleaning of public places and public information. ARTICLE 47 (Bylaw: Civil Fingerprinting Authorization) To see whether the Town will vote, as authorized by Chapter 256 of the Acts of 2010, and incorporated into the Massachusetts General Laws as Chapter 6, Section 172B ½, to adopt the following bylaw enabling the Police Department to conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses:  Hawking and Peddling or other Door-to-Door Salespeople  Manager of Alcoholic Beverage License  Owner or Operator of Public Conveyance  Dealer of Second-hand Articles  Pawn Dealers Page 85 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions  Hackney Drivers  Ice Cream Truck Vendors And to adopt appropriate policies and procedures to effectuate the purposes of this bylaw, or take any other action related thereto. Chapter 108 CIVIL FINGERPRINTING §108-1. Criminal History Check Authorization. A. The Police Department shall, as authorized by Massachusetts General Laws Chapter 6, Section 172B ½, conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses: 1) Hawking and Peddling or other Door-to-Door Salespeople 2) Manager of Alcoholic Beverage License 3) Owner or Operator of Public Conveyance 4) Dealer of Second-hand Articles 5) Pawn Dealers 6) Hackney Drivers 7) Ice Cream Truck Vendors B. At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual’s criminal history records. The Police Chief shall periodically check with the Executive Office of Public Safety and Security (“EOPSS”) which has issued an informational Bulletin which explains the requirements for town by-laws and the procedures for obtaining criminal history information, to see if there have been any updates to be sure the Town remains in compliance. C. Upon receipt of the fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this bylaw to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and/or the Federal Bureau of Investigation (BI) or the successors of such agencies as may be necessary for the purpose of conducting fingerprint-based state and national criminal records background checks of license applicants specified in this by-law. D. The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint-based state and national criminal record background checks, including of FBI records, consistent with this bylaw. The Town authorizes the Police Department to receive and utilize State and FBI records in connection with such background checks, consistent with this bylaw. The State and FBI criminal history will not be disseminated to unauthorized entities. Page 86 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions E. Upon receipt of a report from the FBI or other appropriate criminal justice agency, a record subject may request and receive a copy of his/her criminal history record from the Police Department. Should the record subject seek to amend or correct his/her record, he/she must take appropriate action to correct said record, which action currently includes contacting the Massachusetts Department of Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from other jurisdictions maintained in its file. An applicant that wants to challenge the accuracy or completeness of the record shall be advised that the procedures to change, correct, or update the records are set forth in the Title 28 CFR 16.34. The Police Department shall not utilize and/or transmit the results of the fingerprint-based criminal record background check to any licensing authority pursuant to this bylaw until it has taken the steps detailed in this paragraph and the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so. F. The Police Department shall communicate the results of the fingerprint-based criminal record background checks to the appropriate governmental licensing authority within the Town as listed. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability, or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex-related offense. No such suitability evaluation or communication shall be disseminated to unauthorized entities. G. The Board of Selectmen is authorized to promulgate regulations for the implementation of the proposed bylaw, but in doing so is recommended that it consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute, the FBI’s requirements for access to the national database, and other applicable state laws. §108-2. Use of Criminal Record by Licensing Authorities. A. Licensing authorities of the Town shall utilize the results of fingerprint-based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this bylaw. A Town licensing authority may deny an application for the license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant’s suitability in making this determination. B. The Town or any of its officers, departments, boards, committees or other licensing authorities is hereby authorized to deny any application for, including renewals and transfers thereof, for any person who is determined unfit for the Page 87 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions license, as determined by the licensing authority, due to information obtained pursuant to this bylaw. §108-3. Fees. A. The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be one hundred dollars ($100). The Town Treasurer shall periodically consult with Town Counsel and the Department of Revenue, Division of Local Services regarding the proper municipal accounting of those fees. A portion of the fee, as specified in Mass. Gen. Laws Chapter 6, Section 172B½, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that a new Chapter 108 (Civil Fingerprinting) is hereby added to the Code of the Town of Nantucket as follows and applies to individuals applying for the following licenses:  Hawking and Peddling or other Door-to-Door Salespeople  Manager of Alcoholic Beverage License  Owner or Operator of Public Conveyance  Dealer of Second-hand Articles  Pawn Dealers  Hackney Drivers  Ice Cream Truck Vendors  Mobile Food Units And to adopt appropriate policies and procedures to effectuate the purposes of this bylaw, or take any other action related thereto. Chapter 108 CIVIL FINGERPRINTING §108-1. Criminal History Check Authorization. A. The Police Department shall, as authorized by Massachusetts General Laws Chapter 6, Section 172B ½, conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses: 1) Hawking and Peddling or other Door-to-Door Salespeople 2) Manager of Alcoholic Beverage License 3) Owner or Operator of Public Conveyance 4) Dealer of Second-hand Articles 5) Pawn Dealers Page 88 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 6) Hackney Drivers 7) Ice Cream Truck Vendors B. At the time of fingerprinting, the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual’s criminal history records. The Police Chief shall periodically check with the Executive Office of Public Safety and Security (“EOPSS”) which has issued an informational Bulletin which explains the requirements for town by-laws and the procedures for obtaining criminal history information, to see if there have been any updates to be sure the Town remains in compliance. C. Upon receipt of the fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this bylaw to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and/or the Federal Bureau of Investigation (BI) or the successors of such agencies as may be necessary for the purpose of conducting fingerprint-based state and national criminal records background checks of license applicants specified in this by-law. D. The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint-based state and national criminal record background checks, including of FBI records, consistent with this bylaw. The Town authorizes the Police Department to receive and utilize State and FBI records in connection with such background checks, consistent with this bylaw. The State and FBI criminal history will not be disseminated to unauthorized entities. E. Upon receipt of a report from the FBI or other appropriate criminal justice agency, a record subject may request and receive a copy of his/her criminal history record from the Police Department. Should the record subject seek to amend or correct his/her record, he/she must take appropriate action to correct said record, which action currently includes contacting the Massachusetts Department of Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from other jurisdictions maintained in its file. An applicant that wants to challenge the accuracy or completeness of the record shall be advised that the procedures to change, correct, or update the records are set forth in the Title 28 CFR 16.34. The Police Department shall not utilize and/or transmit the results of the fingerprint-based criminal record background check to any licensing authority pursuant to this bylaw until it has taken the steps detailed in this paragraph and the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so. F. The Police Department shall communicate the results of the fingerprint-based criminal record background checks to the appropriate governmental licensing authority within the Town as listed. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime Page 89 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions that bears upon his or her suitability, or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex-related offense. No such suitability evaluation or communication shall be disseminated to unauthorized entities. G. The Board of Selectmen is authorized to promulgate regulations for the implementation of the proposed bylaw, but in doing so is recommended that it consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute, the FBI’s requirements for access to the national database, and other applicable state laws. §108-2. Use of Criminal Record by Licensing Authorities. A. Licensing authorities of the Town shall utilize the results of fingerprint-based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this bylaw. A Town licensing authority may deny an application for the license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant’s suitability in making this determination. B. The Town or any of its officers, departments, boards, committees or other licensing authorities is hereby authorized to deny any application for, including renewals and transfers thereof, for any person who is determined unfit for the license, as determined by the licensing authority, due to information obtained pursuant to this bylaw. §108-3. Fees. A. The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be established by vote of the Board of Selectmen. The Town Treasurer shall periodically consult with Town Counsel and the Department of Revenue, Division of Local Services regarding the proper municipal accounting of those fees. A portion of the fee, as specified in Mass. Gen. Laws Chapter 6, Section 172B½, shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system. FINANCE COMMITTEE COMMENT: The Finance Committee does not see this bylaw as a revenue generating effort and expects the Board of Selectmen to set a reasonable fee. Page 90 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions BOARD OF SELECTMEN COMMENT: This Article was sponsored by the Board of Selectmen at the request of the Police Chief due to changes in federal and state laws pertaining to criminal vs non-criminal background checks. The particular categories of license holder listed in the Article are no longer allowed to be subject to the background check that was previously allowed. In other words, without this bylaw, background checks of applicants for the categories of license contained in the bylaw (if issued by the Town) may not occur. ARTICLE 48 (Bylaw Amendment: Finances) To see if the Town will vote to amend Chapter 19 (Finances) of the Code of the Town of Nantucket by adding a new Article XII as follows: ARTICLE XII Due Date for Municipal Fees, Charges and Bills § 19-20. The due date for the payment of all municipal fees, charges and bills, including but not limited to sewer and landfill accounts, shall be thirty (30) days after the fee, charge or bill is issued by the Town, unless otherwise specified by a General Law or special act of the Commonwealth or other Town by-law. The Board of Selectmen may, but is not required to, vote to exempt a particular fee, charge or bill not so specified from the terms of this bylaw. Interest on any overdue fee, charge or bill subject to this bylaw shall accrue at the same rate as charged on tax bills pursuant to Massachusetts General Laws Chapter 59, Section 57. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 19 (Finances) of the Code of the Town of Nantucket is hereby amended by adding a new Article XII as follows: ARTICLE XII Due Date for Municipal Fees, Charges and Bills § 19-20. The due date for the payment of all municipal fees, charges and bills, including but not limited to sewer and landfill accounts, shall be thirty (30) days after the fee, charge or bill is issued by the Town, unless otherwise specified by a General Law or special act of the Commonwealth or other Town bylaw. The Board of Selectmen may, but is not required to, vote to exempt a particular fee, charge or bill not so specified from the terms of this bylaw. Interest on any overdue fee, charge or bill subject to this bylaw shall accrue at the same rate as charged on tax bills pursuant to Massachusetts General Laws Chapter 59, Section 57. Page 91 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 49 (Charter Amendment) To see if the Town will vote to: amend the Charter for the Town of Nantucket, Chapter 289 of the Acts of 1996, by amending Article II Legislative Functions, Section 2.5 Town Meeting Warrant to read as follows: (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text) (a) The Board of Selectmen shall include all proposed operating expenditures in a single article or in consecutive articles in the warrant and also all proposed capital improvement expenditures in a single article or in consecutive articles. (b) The Board of Selectmen shall not include any zoning articles for amendment to Chapters 136 and 139, nor any changes to zoning maps proposed by any Town board or official on any Special Town Meeting warrant, except by a vote of two thirds of all members of the Board of Selectmen. All such articles shall be reserved for consideration by the body of the Annual Town Meeting. This prohibition shall not apply to citizen’s petitions submitted in accordance with MGL Ch. 40, §10. (b) (c) The Board of Selectmen shall publish the warrant of each Town Meeting in a newspaper of general circulation within the Town promptly after issuance of the warrant. After such publication of the warrant, the Finance Committee shall hold a public hearing on each article and vote its recommendations. For articles that do not call for the Town to raise and appropriate, transfer or borrow sums of money, the Finance Committee may choose to make no recommendation. (c) (d) The Board of Selectmen shall publish the warrant with the recommendations of the Finance Committee by mailing a copy of such warrant to the address or postal box of each registered voter at least seven days prior to the Town Meeting. Or take any other action in relation thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 50 (Charter Amendment) To see if the Town will vote to: amend the Charter for the Town of Nantucket, Chapter 289 of the Acts of 1996, by amending Article II Legislative Functions to read as follows: (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text): Page 92 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions “Section 2.5 (c) – The Board of Selectmen shall publish the warrant with the recommendations of the Finance Committee and shall have such copies available at least seven days prior to the Town Meeting at the Town & County Building at 16 Broad Street, or shall post a copy of such warrant on the Town of Nantucket website, or shall mail a copy of such warrant to the address or postal box of each Head of Household registered as a voter with the Town Clerk, or shall email a copy of such warrant to the email address provided by any voter to the Board of Selectmen by mailing a copy of such warrant to the address or postal box of each registered voter at least seven days prior to the To wn Meeting. or take any other action in relation thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The proposed charter amendment is unnecessary. The warrant with Finance Committee motions is already available at the Town Building, other municipal and non-municipal locations and on the Town’s website within a day or two following adoption. The warrants are already mailed out to Head of Household registered voters and are available at the Town Meeting. Anyone having access to email should be able to access the Town website to obtain the warrant. Anyone who requests a hard copy of it, is provided with one. ARTICLE 51 (Charter Amendment) To see if the Town will vote to: amend the Charter for the Town of Nantucket, Chapter 289 of the Acts of 1996, by amending Article III Board of Selectmen to read 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) Section 3.1 – Composition, Term of Office and Quorum (a) The Board of Selectmen shall be composed of five members elected for terms of three years each, so arranged that the terms of as nearly equal number of members as possible expire each year. To qualify for office, each mem ber shall be and remain a resident of the Town. Three of the five members shall constitute a quorum. A majority of th e quorum shall be sufficient to set the Board’s meeting agenda and to decide any question, except as may be otherwise provided by law or this Char ter. (b) Additionally, one Alternate member shall be sworn by the Town Clerk. Said member shall be the candidate who receives the next highest number of votes in the annual election, who is willing to serve, after the one or two annual office(s) is filled by the annual election,. (c) In order to ensure that a quorum may be reached, especially in times when death or disability prevents one or more Board members from serving, the Alternate Page 93 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Selectman shall automatically serve until a quorum of the Board is again reached. In the case of absence due to illness, a majority of the Board may designate that the Alternate serve during the period of the absence. (d) There shall be no compensation for the Alternate Selectman seat. Or take any other action in relation thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Finance Committee believed this charter amendment to be unnecessarily complex and unnecessary. No other town in Massachusetts has such requirements and there was no valid reason presented why the Town of Nantucket should seek this amendment. ARTICLE 52 (Home Rule Petition: Airport Revolving Fund) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto. An Act Relative to the Nantucket Memorial Airport Fuel Revolving Account SECTION 1. Chapter 28 of the acts of 2004 is hereby amended by inserting at the end of section 1 the following:- This fund shall not be included in the calculation of the aggregate limit of all revolving funds authorized under section 53E½ of said chapter 44. SECTION 2. This act shall take effect upon its passage. (Board of Selectmen for Airport Commission) NOTE: The above home rule petition was approved as Article 20 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and 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 Relative to the Nantucket Memorial Airport Fuel Revolving Account SECTION 1. Chapter 28 of the acts of 2004 is hereby amended by inserting at the end of section 1 the following: This fund shall not be included in the calculation of the aggregate limit of all revolving funds authorized under section 53E½ of said chapter 44. Page 94 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions SECTION 2. This act shall take effect upon its passage. ARTICLE 53 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectmen and General Court to vary the specific text of the requested legislation within the scope of the general public objectives of this home rule petition, such legislation to read substantially as follows: AN ACT AMENDING THE NANTUCKET HISTORIC DISTRICT COMMISSION ACT Section 1. An Act Establishing An Historic District Commission For The Town Of Nantucket And Establishing Nantucket Island As The Historic District (being chapter 395 of the Acts of 1970, as amended by chapter 708 of the Acts of 1972, chapter 300 of the Acts of 1984, as amended by chapter 291 of the Acts of 1985, as amended by chapter 735 of the Acts of 1987, as amended by chapter 333 of the Acts of 1989, as amended by chapter 314 of the Acts of 1990, as amended by chapter 193 of the Acts of 1998, as amended by chapter 57 of the Acts of 2000, as amended by chapter 90 of the Acts of 2002, as amended by chapter 90 of the Acts of 2010, referred to collectively as the "HDC Act") is hereby amended as follows: a. by striking out the definition of "structure" in Section 2A and inserting in its place thereof the following definition: "Structure" a combination of materials, other than a building, that includes, a vending machine, sign, fence, terrace, walk, driveway and object that needs a gravel or cement footing, or a fastener to keep it in place. b. By adding a new Section 8(a) entitled "Applicant's Rights" as follows: HDC members shall act with proper conduct and ethics based on the rules and regulations adopted by the Historic District Commission pursuant to Section 8 of the HDC Act. If an applicant believes that a member or members of the HDC have violated such rules and regulations, the applicant may use the procedure set forth in Section 5.4 of the Town's Charter entitled "Recall of Elected Officials". Or to take any other action related thereto. (Board of Selectmen) Page 95 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions NOTE: The above home rule petition was approved as Article 80 at the 2011 Annual Town Meeting and Article 72 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the Legislature, which were not acted upon by December 31, 2012 will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and 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 AMENDING THE NANTUCKET HISTORIC DISTRICT COMMISSION ACT Section 1. An Act Establishing An Historic District Commission For The Town Of Nantucket And Establishing Nantucket Island As The Historic District (being chapter 395 of the Acts of 1970, as amended by chapter 708 of the Acts of 1972, chapter 300 of the Acts of 1984, as amended by chapter 291 of the Acts of 1985, as amended by chapter 735 of the Acts of 1987, as amended by chapter 333 of the Acts of 1989, as amended by chapter 314 of the Acts of 1990, as amended by chapter 193 of the Acts of 1998, as amended by chapter 57 of the Acts of 2000, as amended by chapter 90 of the Acts of 2002, as amended by chapter 90 of the Acts of 2010, referred to collectively as the "HDC Act") is hereby amended as follows: a. by striking out the definition of "structure" in Section 2A and inserting in its place thereof the following definition: "Structure" a combination of materials, other than a building, that includes, a vending machine, sign, fence, terrace, walk, driveway and object that needs a gravel or cement footing, or a fastener to keep it in place. b. By adding a new Section 8(a) entitled "Applicant's Rights" as follows: HDC members shall act with proper conduct and ethics based on the rules and regulations adopted by the Historic District Commission pursuant to Section 8 of the HDC Act. If an applicant believes that a member or members of the HDC have violated such rules and regulations, the applicant may use the procedure set forth in Section 5.4 of the Town's Charter entitled "Recall of Elected Officials". ARTICLE 54 (Home Rule Petition: Land Bank Real Estate Conveyance) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: Page 96 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions AN ACT APPROVING THE NANTUCKET ISLANDS LAND BANK TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts notwithstanding the provisions of any general or special law to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of any or all portion of certain land situated in the Town of Nantucket totaling approximately 38.5 acres shown on Town of Nantucket Assessor’s Map 89, Parcel 6, 6.1 and 6.2. Section 2. This act shall take effect upon its passage. Or to take any other action related thereto. (Board of Selectmen for Nantucket Islands Land Bank Commission) NOTE: The above home rule petition was approved as Article 82 at the 2011 Annual Town Meeting and Article 73 at the 2012 Annual Town Meeting. Home rule petitions currently pending before the Legislature, which were not acted upon by December 31, 2012 will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and 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 NANTUCKET ISLANDS LAND BANK TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts notwithstanding the provisions of any general or special law to the contrary, the Nantucket Islands Land Bank may sell, convey or otherwise dispose of any or all portion of certain land situated in the Town of Nantucket totaling approximately 38.5 acres shown on Town of Nantucket Assessor’s Map 89, Parcel 6, 6.1 and 6.2. Section 2. This act shall take effect upon its passage. Page 97 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 55 (Home Rule Petition: Real Estate Conveyance to Land Bank) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: AN ACT AUTHORIZING THE TOWN OF NANTUCKET TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the Town of Nantucket may transfer, sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and described as follows:  Assessors Map 38, Parcel 30, 55 Warrens Landing Road, shown as Lot C on Land Court Plan 12127-B, drawn by Josiah S. Barrett, Engineer, dated July 1950, and filed with Certificate of Title No. 3255 at the Registry District of Nantucket County (a.k.a. The Wood Property). Section 2. This act shall take effect upon its passage. Or to take any other action related thereto. (Board of Selectmen) NOTE: This parcel will be transferred for conveyance to the Land Bank. This article was approved as Article 74 at the 2012 Annual Town Meeting. Home rule petitions currently pending before the Legislature, which were not acted upon by December 31, 2012 will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and 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 AUTHORIZING THE TOWN OF NANTUCKET TO SELL, CONVEY OR OTHERWISE DISPOSE OF CERTAIN LAND SITUATED IN THE TOWN OF NANTUCKET FOR ANY LAWFUL PURPOSE Page 98 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Be in enacted by the Senate and the House of Representatives in General Court assembled, and by authority of the same, as follows: Section 1. Pursuant to Article XCVII of the Amendments to the Constitution of the Commonwealth of Massachusetts and notwithstanding the provisions of any general or special law to the contrary, the Town of Nantucket may transfer, sell, convey or otherwise dispose of certain land situated in the Town of Nantucket and described as follows:  Assessors Map 38, Parcel 30, 55 Warrens Landing Road, shown as Lot C on Land Court Plan 12127-B, drawn by Josiah S. Barrett, Engineer, dated July 1950, and filed with Certificate of Title No. 3255 at the Registry District of Nantucket County (a.k.a. The Wood Property). Section 2. This act shall take effect upon its passage. ARTICLE 56 (Home Rule Petition: Harbor and Shellfish Advisory Board) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto. AN ACT EXEMPTING THE HARBOR AND SHELLFISH ADVISORY BOARD MEMBERSHIP FROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSING Section 1. The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a Harbor and Shellfish Advisory Board in the Town of Nantucket”) as amended by Chapter 270 of the Acts of 1979 (“An Act Providing for the Filling of Vacancies on the Harbor and Shellfish Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new sentence at the end of the existing text: “It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory Board to provide an advisory role for commercial fishermen and those who make a living from the sea, to the Nantucket Board of Selectmen, therefore to encourage such persons to participate in this publicly elected advisory board, the members of the Board shall be exempt from Chapter 268A subsections (a) and (c) of section 17 of the Massachusetts General Laws and from Chapter 268A section 19(a) of the Massachusetts General Laws when participating in the particular matter of providing advice and recommendations to the Board of Selectmen regarding shellfish fishing, harvesting, licensing and fishery standards.” Section 2. This act shall take effect upon its passage. Page 99 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Or to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 66 of the 2009 Annual Town Meeting; Article 62 of the 2010 Annual Town Meeting; Article 83 of the 2011 Annual Town Meeting and Article 75 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and 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 EXEMPTING THE HARBOR AND SHELLFISH ADVISORY BOARD MEMBERSHIP FROM CONFLICT OF INTEREST REGARDING DISCUSSION OF SHELLFISH LICENSING Section 1. The second paragraph of Chapter 465 of the Acts of 1976 (“An Act Establishing a Harbor and Shellfish Advisory Board in the Town of Nantucket”) as amended by Chapter 270 of the Acts of 1979 (“An Act Providing for the Filling of Vacancies on the Harbor and Shellfish Advisory Board of the Town of Nantucket”), is hereby amended by adding the following new sentence at the end of the existing text: “It is the intent of the establishment of the Nantucket Harbor and Shellfish Advisory Board to provide an advisory role for commercial fishermen and those who make a living from the sea, to the Nantucket Board of Selectmen, therefore to encourage such persons to participate in this publicly elected advisory board, the members of the Board shall be exempt from Chapter 268A subsections (a) and (c) of section 17 of the Massachusetts General Laws and from Chapter 268A section 19(a) of the Massachusetts General Laws when participating in the particular matter of providing advice and recommendations to the Board of Selectmen regarding shellfish fishing, harvesting, licensing and fishery standards.” Section 2. This act shall take effect upon its passage. ARTICLE 57 (Home Rule Petition: Nantucket Mosquito Control Project) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for a special act creating the Nantucket Mosquito Control Project, in the form set forth herein; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court; and, provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition: Page 100 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions AN ACT ESTABLISHING THE NANTUCKET MOSQUITO CONTROL PROJECT Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: Section 1. Section 2 of chapter 169 of the acts of 1965 is hereby amended by striking out the words “mosquito control commission” from the first sentence. Section 2. The area included in the county and town of Nantucket is hereby constituted a mosquito control project under section five A of chapter two hundred and fifty-two of the General Laws, to the same extent as if so constituted by the state reclamation board acting under said section five A, and the improvements herein authorized shall be undertaken under the identifying name of the Nantucket Mosquito Control Project. Section 3. There shall be a commission as provided under said section five A of chapter two hundred and fifty-two which shall consist of five members. The members shall be appointed by the board of selectmen, subject to approval of the state reclamation board. Of the members first appointed hereunder, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years, and each shall serve until the qualification of their respective successors. Upon the expiration of the term of any member, his successor shall be appointed in like manner for a term of five years. The commission shall elect its own chairman and clerk and shall keep accurate records of its meetings. Or to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 76 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and 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 ESTABLISHING THE NANTUCKET MOSQUITO CONTROL PROJECT Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: Section 1. Section 2 of chapter 169 of the acts of 1965 is hereby amended by striking out the words “mosquito control commission” from the first sentence. Page 101 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Section 2. The area included in the county and town of Nantucket is hereby constituted a mosquito control project under section five A of chapter two hundred and fifty-two of the General Laws, to the same extent as if so constituted by the state reclamation board acting under said section five A, and the improvements herein authorized shall be undertaken under the identifying name of the Nantucket Mosquito Control Project. Section 3. There shall be a commission as provided under said section five A of chapter two hundred and fifty-two which shall consist of five members. The members shall be appointed by the board of selectmen, subject to approval of the state reclamation board. Of the members first appointed hereunder, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years, and each shall serve until the qualification of their respective successors. Upon the expiration of the term of any member, his successor shall be appointed in like manner for a term of five years. The commission shall elect its own chairman and clerk and shall keep accurate records of its meetings. ARTICLE 58 (Home Rule Petition: Regulation of Fertilizer Use) To see if the Town will vote to re-authorize the Board of Selectmen to petition the General Court to enact Special Legislation so as to carry out the vote taken under Article 68 of the April 6, 2010 Annual Town Meeting, as follows; provided the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the General Court. The Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition, or take any other action relative thereto: An Act Regulating the Content and Application of Fertilizer Used in the Town of Nantucket Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: Section 1. Findings 1.1. There is sound scientific evidence to conclude that nitrogen and phosphorus in fertilizers are contaminants that negatively affect fresh and salt waters when present in excessive amounts. These excessive amounts of nitrogen and phosphorus contribute to undesirable algae and aquatic plant growth within all Nantucket water bodies. This undesirable algae and aquatic plant growth has a adverse affect on public health through the degradation of waters used for drinking water, shellfishing, and recreational swimming and boating. Section 2. Purpose 2.1. It is necessary to control by regulation in the Town of Nantucket the use of fertilizer that contains phosphorus and nitrogen so as to improve the water quality of the Town. Page 102 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 2.2. The soils of Nantucket are unique insofar as Nantucket has significant amounts of coarse, sandy soils that are subject to rapid water infiltration, percolation and leaching of nutrients, and such unique local conditions require that Nantucket retain localized control over the amounts of nitrogen and phosphorus added to soils through the application of fertilizers. 2.3. The Nantucket Board of Health has established a fertilizer regulation based on Best Management Practices developed by a broad group of stakeholders representing diverse interests that has been reviewed by soil and turf scientists and educators and has been determined appropriate for the unique soils and climate of Nantucket. 2.4. This Act provides for a reduction of nitrogen and phosphorus going into Nantucket’s waters and wetlands by means of an organized system of education, licensure, and regulation of practice and should help Nantucket to achieve compliance with the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts for nitrogen and phosphorus in its waters. Section 3. Local Regulation by the Town of Nantucket 3.1. This Act shall apply to the content and application of fertilizer used in the Town of Nantucket, notwithstanding any General or Special law to the contrary, including but not limited to any General or Special law conferring exclusive authority upon the Department of Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth. 3.2. The Town of Nantucket is hereby specially authorized to regulate the content and application of fertilizer used in the Town of Nantucket either through a general bylaw enacted by a majority vote of its Town Meeting and/or through a regulation adopted by its Board of Health in accordance with the procedure set forth in Section 3.3 of this Act. 3.3. Notwithstanding the requirements of G.L. c. 111, §31, no such Board of Health regulations shall be adopted or amended until such time as the Board of Health shall hold a public hearing thereon, notice of the time, place and subject matter of which, sufficient for identification, shall be given by publishing in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than fourteen days prior to the date set for such hearing. No such amendment shall be effective unless the proposed amendment has been reviewed and commented upon by soil and turf scientists and educators and it is passed by a four-fifths vote of the Board of Health. Section 4. Effective Date This act shall take effect upon passage. Or to take any other action related thereto. (Board of Selectmen) Page 103 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions NOTE: The above home rule petition was approved as Article 77 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and 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 Regulating the Content and Application of Fertilizer Used in the Town of Nantucket Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: Section 1. Findings 1.1. There is sound scientific evidence to conclude that nitrogen and phosphorus in fertilizers are contaminants that negatively affect fresh and salt waters when present in excessive amounts. These excessive amounts of nitrogen and phosphorus contribute to undesirable algae and aquatic plant growth within all Nantucket water bodies. This undesirable algae and aquatic plant growth has a adverse affect on public health through the degradation of waters used for drinking water, shellfishing, and recreational swimming and boating. Section 2. Purpose 2.1. It is necessary to control by regulation in the Town of Nantucket the use of fertilizer that contains phosphorus and nitrogen so as to improve the water quality of the Town. 2.2. The soils of Nantucket are unique insofar as Nantucket has significant amounts of coarse, sandy soils that are subject to rapid water infiltration, percolation and leaching of nutrients, and such unique local conditions require that Nantucket retain localized control over the amounts of nitrogen and phosphorus added to soils through the application of fertilizers. 2.3. The Nantucket Board of Health has established a fertilizer regulation based on Best Management Practices developed by a broad group of stakeholders representing diverse interests that has been reviewed by soil and turf scientists and educators and has been determined appropriate for the unique soils and climate of Nantucket. 2.4. This Act provides for a reduction of nitrogen and phosphorus going into Nantucket’s waters and wetlands by means of an organized system of education, licensure, and regulation of practice and should help Nantucket to achieve compliance with the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts for nitrogen and phosphorus in its waters. Section 3. Local Regulation by the Town of Nantucket Page 104 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 3.1. This Act shall apply to the content and application of fertilizer used in the Town of Nantucket, notwithstanding any General or Special law to the contrary, including but not limited to any General or Special law conferring exclusive authority upon the Department of Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth. 3.2. The Town of Nantucket is hereby specially authorized to regulate the content and application of fertilizer used in the Town of Nantucket either through a general bylaw enacted by a majority vote of its Town Meeting and/or through a regulation adopted by its Board of Health in accordance with the procedure set forth in Section 3.3 of this Act. 3.3. Notwithstanding the requirements of G.L. c. 111, §31, no such Board of Health regulations shall be adopted or amended until such time as the Board of Health shall hold a public hearing thereon, notice of the time, place and subject matter of which, sufficient for identification, shall be given by publishing in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than fourteen days prior to the date set for such hearing. No such amendment shall be effective unless the proposed amendment has been reviewed and commented upon by soil and turf scientists and educators and it is passed by a four-fifths vote of the Board of Health. Section 4. Effective Date This act shall take effect upon passage. ARTICLE 59 (Home Rule Petition: Community Preservation Committee) To see if the Town will vote to present the Home Rule petition set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested legislation within the scope of the public policy objectives of the Home Rule Petition set forth below: An Act relative to the Community Preservation Committee in the Town of Nantucket Section 1. Notwithstanding the provisions of section 5(a) of chapter 44B of the general laws, or of any other general or special law to the contrary, where the historical commission of the town of Nantucket created under section 8D of chapter 40 did not exist at the time the Community Preservation Act was adopted by said town, the community preservation committee in the town of Nantucket shall include one member of the historic district commission established under section 4 of chapter 40C of the general laws, as selected by the commission, in place of one member of the historical commission. Provided, however, that the preceding sentence shall not be interpreted to preclude the town of Nantucket from including a member of said historical commission on the community preservation committee either by appointment or election consistent with the then applicable community preservation committee bylaw. Page 105 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Section 2. This act shall take effect upon passage. Or to take any other action related thereto. (Board of Selectmen) NOTE: The above home rule petition was approved as Article 67 of the 2012 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and 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 relative to the Community Preservation Committee in the Town of Nantucket Section 1. Notwithstanding the provisions of section 5(a) of chapter 44B of the general laws, or of any other general or special law to the contrary, where the historical commission of the town of Nantucket created under section 8D of chapter 40 did not exist at the time the Community Preservation Act was adopted by said town, the community preservation committee in the town of Nantucket shall include one member of the historic district commission established under section 4 of chapter 40C of the general laws, as selected by the commission, in place of one member of the historical commission. Provided, however, that the preceding sentence shall not be interpreted to preclude the town of Nantucket from including a member of said historical commission on the community preservation committee either by appointment or election consistent with the then applicable community preservation committee bylaw. Section 2. This act shall take effect upon passage. ARTICLE 60 (Home Rule Petition: Conveyance of Property by the County/Smooth Hummocks – Moorlands Management District) 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; and to authorized the Board of Selectmen to convey said parcel to the Nantucket Islands Land Bank subject to certain restrictions set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make Page 106 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 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 and Town 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 Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests of any portion of Assessor Map 82, Parcel 22, Heller Way/Smooth Hummocks to the Nantucket Islands Land Bank for beach and open space purposes, any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions and provided that the following easements and restrictions are placed on the property prior to its conveyance: (1) an easement for purposes of access to the beach and for use as a beach, otherwise known as the “One Big Beach Easement”; (2) an easement preserving the right to use two (2) traveled ways that cross the subject property for all purposes for which public ways are commonly used; (3) the right to dedicate, construct, or otherwise establish parking areas consistent with the purpose of restriction (1) above; and (4) a right of reverter clause for a reversion of title to the Town in the event the above restrictions are violated, all as shown on a map entitled “2013 Annual Town Meeting Warrant Article 60” dated January 2013 and filed herewith at the Office of the Town Clerk. Section 3. 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 4. This Act shall take effect upon passage. Or to take any other action relative thereto. (Board of Selectmen) NOTE: A home rule petition was approved as Article 14 of the October 22, 2012 Special Town Meeting to authorize the transfer of the land from the County to the Town. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2012, will expire unless renewed by a confirmatory town meeting vote. In addition, the original Home Rule Petition has been modified to further authorize the transfer of the same land from the Town to the Nantucket Islands Land Bank subject to the restrictions listed in section 2 above. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and that the Page 107 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 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 and Town 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 Board of Selectmen is hereby authorized to sell, convey or otherwise dispose of the fee or lesser interests of any portion of Assessor Map 82, Parcel 22, Heller Way/Smooth Hummocks to the Nantucket Islands Land Bank for beach and open space purposes, any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions and provided that the following easements and restrictions are placed on the property prior to its conveyance: (1) an easement for purposes of access to the beach and for use as a beach, otherwise known as the “One Big Beach Easement”; (2) an easement preserving the right to use two (2) traveled ways that cross the subject property for all purposes for which public ways are commonly used; (3) the right to dedicate, construct, or otherwise establish parking areas consistent with the purpose of restriction (1) above; and (4) a right of reverter clause for a reversion of title to the Town in the event the above restrictions are violated, all as shown on a map entitled “2013 Annual Town Meeting Warrant Article 60” dated January 2013 and filed herewith at the Office of the Town Clerk. Section 3. 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 4. This Act shall take effect upon passage. ARTICLE 61 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the Town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act of 1970, as amended, to provide that HDC Commissioners be limited to two (2) consecutive terms in office. Or to take any other action related thereto. (Curtis L. Barnes, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Despite recent scrutiny, the Finance Committee believes this Article might hinder the work already being done to improve the processes Page 108 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions and oversight by the Historic District Commission. Preserving the historical thread of this community coupled with growth and modernization, is a balancing act in itself and any issues the HDC has negatively incurred, we feel could be successfully improved upon internally. ARTICLE 62 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the Town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act of 1970, as amended, to provide that the jurisdiction of the Historic District Commission be limited to the (1) Old and Historic District, and (2) Old and Historic Siasconset District, as specified by the Supreme Judicial Court of Massachusetts in the initial Enabling Act of 1955. Or to take any other action related thereto. (Curtis L. Barnes, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: If approved, the Committee feels this Article could have significant unintended consequences and recognizes the value of the Historic District Commission to maintain its current jurisdiction. ARTICLE 63 (Home Rule Petition: Amendment of Historic District Commission Act) To see if the Town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act of 1970, as amended, to provide that HDC Commissioners be appointed by the Selectmen, as specified by the Supreme Judicial Court of Massachusetts in the initial Enabling Act. of 1955. Or to take any other action related thereto. (Curtis L. Barnes, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Despite recent scrutiny, the Finance Committee believes this Article might hinder the work already being done to improve the processes and oversight by the Historic District Commission. Preserving the historical thread of this community coupled with growth and modernization, is a balancing act in itself and any issues the HDC has negatively incurred, we feel could be successfully improved upon internally. ARTICLE 64 (Home Rule Petition: Funeral Directors, Embalmers, Funeral Homes, and Crematories) To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation set forth below; provided, however, that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; or to take any other action related thereto. Page 109 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions AN ACT EXEMPTING THE TOWN OF NANTUCKET FROM THE PROVISIONS OF MGL and THE CODE OF MASSACHUSETTS REGULATIONS REGARDING FUNERAL DIRECTORS, EMBALMERS, FUNERAL HOMES, and CREMATORIES Section 1. Funeral Directors and Embalmers: Notwithstanding the provisions of MGL Ch. 112, § 83 and 239 CMR 3.02, Type 3 Funeral Directors and Embalmers shall be exempted from holding any ownership shares in any funeral establishment on Nantucket Island. Section 2. Establishments: Notwithstanding the provisions of 239 CMR 3.06.(1)(b), any funeral establishment on Nantucket Island shall not be mandated to have a chapel; and of 239 CMR 3.06 (1) f) any funeral establishment on Nantucket Island may consist of more than one building or more than one lot of land, said buildings and/or lots shall not be required to be adjoining or connecting. Section 3. Notwithstanding the provisions of MGL Ch. 114, §43B, the placement of any future crematory sited on Nantucket Island shall be determined by the Nantucket Cemetery Commission, created pursuant to the Acts of 2011, Chapter 47, or a vote at an Annual Town Meeting. Such crematory may be sited as an auxiliary use of any public or private cemetery, or may be sited on a single parcel of town-owned land. Section 4. This act shall take effect upon its passage. Or to take any other action related thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 65 (Home Rule Petition: Cessation of Longevity Payments for Nantucket Town and County Employees) To see if the Town will vote to present the Home Rule Petition as set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce the legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested petition within the scope of the public policy objectives of the Home Rule Petition set forth below, or take any other action relative thereto: An Act Relative to Longevity Payments for Employees of the Town and County of Nantucket SECTION 1. Notwithstanding section 7 of chapter 150E of the General Laws, or of any other general or special law to the contrary, no individual commencing employment with the Town or County of Nantucket on or after the effective date of this Act shall be eligible to receive periodic payments to employees based on years of service, hereinafter referred to as “longevity payments”, and such payments to such individuals commencing employment with the Town or County of Nantucket on or after the effective date of this Act shall not be a subject of collective bargaining between the Town and County of Page 110 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Nantucket and any of their collective bargaining units; provided, however, that any employee of the Town or County of Nantucket covered on the effective date of this act by a collective bargaining agreement, individual employment agreement, or personnel policy or by-law providing for such payments shall continue to be eligible for longevity payments. SECTION 2. This act shall take effect upon its passage. (Craig Spery, et al) FINANCE COMMITTEE MOTION: Moved that the Town Meeting provide non-binding guidance to Town Administration and the Board of Selectmen that the Town not provide longevity payments to employees hired after this Town Meeting. FINANCE COMMITTEE COMMENT: The Committee understands that Town Administration and the Board of Selectmen have begun to examine and change the manner in which the compensation benefit of longevity pay is handled. The Committee encourages that effort to continue and during the discussion of the motion to this Article determined that a “Non-Binding Sense of the Meeting” motion should be put forward to Town Meeting because a home rule petition to allow the Town of Nantucket special legislation to cease longevity pay seemed unlikely to be acted upon by the state Legislature. BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee Motion and Comment. ARTICLE 66 (Home Rule Petition: Relative to Retirement Benefits for Nantucket Town and County Employees) To see if the Town will vote to present the Home Rule Petition as set forth below to the General Court, that the Town’s representatives in the General Court be requested to introduce the legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested petition within the scope of the public policy objectives of the Home Rule Petition set forth below, or take any other action relative thereto: An Act relative to Retirement Benefits for Employees of the Town and County of Nantucket SECTION 1. Notwithstanding section 1 of chapter 32 of the General Laws, or of any other general or special law to the contrary, no individual commencing employment with the Town or County of Nantucket on or after the effective date of this Act shall be deemed an “employee” under section 1 of said chapter 32 nor otherwise be eligible by virtue of employment with said Town or County to participate in the Barnstable County Retirement System or in any other contributory retirement system operated by the Commonwealth or any political subdivisions thereof. This Act shall not preclude persons employed by the Town or County of Nantucket from participating in a so-called IRC Section 457 plan or comparable plan as may be sponsored by said Town or County. Page 111 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions SECTION 2. This act shall take effect upon its passage. (Craig Spery, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Motion "To Take No Action" is not to be viewed as a negative reflection of the article by the Finance Committee but was done to allow the Selectmen and Town Administration time to compare and develop an overall compensation strategy that is in-line with both the public and private sectors. BOARD OF SELECTMEN COMMENT: The Board supports the Finance Committee Motion and Comment. ARTICLE 67 (Reaffirm Separation of Police and Fire Departments) To see if the Town will vote to reaffirm the continuation of separate Fire and Police Departments, with each department run by a fire chief and police chief, with each being the distinct department head for their respective department, or take any other action relative thereto. (Jeffrey M. Allen, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 68 (Non-binding “Sense of the Meeting” Request for Town Support of “The Nantucket Life Foundation”) To see if the Town will vote to support the formation of THE NANTUCKET LIFE FOUNDATION. Said Foundation, a nonprofit organization, shall endeavor to purchase the current funeral business, to petition the Town of Nantucket to provide land to construct a not-for-profit funeral home, to hire and supervise employees, to establish a not-for-profit crematory, and to assist the Nantucket Cemetery Commission to facilitate the care and maintenance of Nantucket’s public cemeteries and ancient burial places. Or to take any other action related thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee understands the importance of these issues. If and when a non-profit organization such as is described is established and municipal property is sought, that would be the appropriate time to approach the Town with a specific proposal. ARTICLE 69 (Request for Establishment of Tick-borne Disease Reduction Committee) To see if the Town will vote to establish a Tick-borne Disease Reduction Committee. Page 112 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (Carol Dunton, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: In the absence of an endorsement for this Article from the Board of Health the Finance Committee does not recommend its implementation. Acknowledging an immediate need for action, the Committee advocates the Board of Health act to aggressively lead the Town's initiative against tick- borne disease, including the composition of a long-term plan to determine its epidemiology and incidence on Nantucket and coordinate measures to reduce it. ARTICLE 70 (Request to Increase Town Meeting Quorum for Appropriations and Transfers) To see if the Town will vote that no appropriations be made at any Annual Town Meeting unless there are present voters constituting at least 8% of the registered voters; provided, however, that said quorum would not be necessary to approve the transferring of funds previously appropriated or from the surplus revenue accounts. In the event that a vote is needed to approved the transference of such funds, there must be present at least 6% of the registered voters. (Carol Dunton, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 71 (Non-Binding Resolution: Photovoltaic Solar) To see if the Town will vote to: adopt a non-binding resolution directed to the Board of Selectmen and the Airport Commission to pursue the development of photovoltaic solar systems at the airport and wastewater treatment facility, or to take any other action related thereto. (Barbara Gookin, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The vote "To take no action" is not to be viewed as a negative reflection of the Article by the Finance Committee. The Committee would strongly consider supporting such a project if it was put forward by the Airport management. However, the Committee believes the present focus should be on achieving a profitable operation rather than diverting resources to a project that was considered in the recent past. ARTICLE 72 (Non-Binding Resolution: Renewable Energy Power Source for Electric Vehicle Charging Stations) To see if the Town will vote to: adopt a non-binding resolution directed to the Town Administration to include an independent renewable energy power source for any new electric vehicle charging stations, or to take any other action related thereto. (Barbara Gookin, et al) Page 113 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 73 (Real Estate Disposition: 47 Boulevarde) To see if the Town will vote to transfer from the Town Treasurer for Tax Title purposes or from such other board or officer as might have custody of the land described below for the purposes for which the land is currently held, to the Board of Selectmen for the purpose of lease or conveyance, and to authorize the Board to lease said land for a period of up to 50 years or convey said land, the property at issue being located at 47 Boulevarde, Assessor’s Map 79, Parcel 75, upon such terms and conditions, and for such consideration, as the Board of Selectmen deems appropriate; and provided further that if the Board of Selectmen determines that the property should be conveyed for affordable housing purposes, the Board of Selectmen be authorized to convey to a non-profit corporation, foundation, trust or organization an affordable housing restriction in said property, or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the property at 47 Boulevarde, Assessor’s Map 79, Parcel 75 be transferred from the Town Treasurer for Tax Title purposes or from such other board or officer as might have custody of the land described below for the purposes for which the land is currently held, to the Board of Selectmen for the purpose of lease or conveyance, and to authorize the Board to lease said land for a period of up to 50 years or convey said land, upon such terms and conditions, and for such consideration, as the Board of Selectmen deems appropriate; and provided further that if the Board of Selectmen determines that the property should be conveyed for affordable housing purposes, the Board of Selectmen be authorized to convey to a non-profit corporation, foundation, trust or organization an affordable housing restriction in said property. Quantum of vote required for passage of this motion is 2/3. ARTICLE 74 (Real Estate Acquisition: 2 Bartlett Road) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for public ways, open space and/or general municipal purposes the fee title or lesser interests all or a portion of the land located at 2 Bartlett Road, Assessor’s Map 67, Parcel 14.3. And, to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift, eminent domain or otherwise, the fee or lesser interests in all or a portion of the land located at 2 Bartlett Road, Assessor’s Map 67, Page 114 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Parcel 14.3; further, that Two Hundred Seventy-five Thousand Dollars ($275,000) be transferred from the Proceeds from Land Sales Account for such purpose. Quantum of vote required for passage of this motion is 2/3. ARTICLE 75 (Real Estate Conveyance: Industrial Land) To see if the Town will vote to authorize the Board of Selectmen to sell, convey by lease not exceeding 99 years or otherwise dispose of the fee or lesser interests in all or any portion of Lots F and G, and Shadbush Road between said parcels, not exceeding five (5) acres, as shown on a plan entitled “Subdivision Plan of Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010-62, which parcels, respectively, are located at 3 Shadbush Road, Nantucket, MA, shown as Map 78, Parcel 4.5, and 11 Industry Road, Nantucket, MA, shown as Map 69, Parcel 295, subject to compliance with Chapter 30B of the Massachusetts General Laws and a finding by the Board of Selectmen that such sale, conveyance or release furthers community planning and environmental protection goals. All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 75” dated January 2013 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen be authorized to convey by lease not exceeding 99 years all or any portion of Lots F and G, and Shadbush Road between said parcels, as shown on a plan entitled, “Subdivision Plan of Land” dated May 10, 2010 on file at the Nantucket Registry of Deeds at Plan No. 2010- 62, which parcels, respectively, are located at 3 Shadbush Road, Nantucket, MA, shown as Map 78 Parcel 4.5, and 11 Industry Road, Nantucket, MA, shown as Map 69 Parcel 295 subject to compliance with Chapter 30B of the Massachusetts General Laws and a finding by the Board of Selectmen that such conveyance furthers community planning and environmental protection goals and further provided:  No such lease shall be entered into until the Board of Selectmen has conducted a study of a Nantucket’s current and long term bulk fuel storage needs, including those of the Town departments and agencies and presented said findings publicly. The study shall include and recommend the minimum area and characteristics of a tank farm facility, provide data on the projected life-span of equipment and infrastructure of such a facility and any other factors as shall be determined by the Board of Selectmen;  The lease area shall be the minimum area needed to provide for said facility, may provide for phasing and in no case shall exceed five (5) acres.  The Board of Selectmen is authorized to include conditions that restrict the use of said parcel to energy-related uses only, impose conditions or prohibitions on the ability to sub-lease, or any other restriction, condition or requirement at its Page 115 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions discretion to ensure that the use of the subject land meets community goals as identified above;  The Board of Selectmen may retain any easements or other property interests in said parcels prior to any conveyance. ARTICLE 76 (Real Estate Conveyance: Easements/Industry Road and Shadbush Road; Map 78 Parcel 4) To see if the Town will vote to authorize the Board of Selectmen to grant permanent access and utility easements for the purposes of installing, operating and maintaining certain electric distribution and telecommunication lines and equipment for the purposes of transmitting electricity and intelligence, on, over, through and under land owned by the Town situated at Industry Road and Shadbush Road within Map 78 Parcel 4; and to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to grant permanent access and utility easements for the purposes of installing, operating and maintaining certain electric distribution and telecommunication lines and equipment for the purposes of transmitting electricity and intelligence, on, over, through and under land owned by the Town situated at Industry Road and Shadbush Road within Map 78 Parcel 4. ARTICLE 77 (Real Estate Disposition: Long-term Lease Authorization, 14 Airport Road) To see if the Town will vote to authorize the Airport Commission to lease for a lease term not to exceed ten (10) years part of the following Town-owned property located at 14 Airport Road, Map 78, Parcel 1, described as Airport Terminal Concessions as depicted on Terminal First Floor Partial Plan - Area C, and prepared by Earth Tech Architecture, for concession purposes, subject to Massachusetts G.L. c. 30B; and .to take any other action related thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the Airport Commission is hereby authorized to lease for a lease term not to exceed ten (10) years part of the following Town-owned property located at 14 Airport Road, Map 78, Parcel 1, described as Airport Terminal Concessions as depicted on Terminal First Floor Partial Plan - Area C, and prepared by Earth Tech Architecture, for concession purposes, subject to Massachusetts G.L. c. 30B. ARTICLE 78 (Real Estate Disposition: Long-term Lease Authorization/Town Property at Landfill) To see if the Town will vote to authorize the Board of Selectmen to lease for a lease term not to exceed twenty-five (25) years part of the following Town-owned property located at 188 Madaket Road, and further described as Assessor Map 58, Parcel 1 and Assessor Map 39, Parcel 14, for telecommunications tower purposes, subject to Massachusetts G.L. c. 30B; and to take any other action related thereto. Page 116 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to lease for a lease term not to exceed twenty-five (25) years part of the following Town-owned property located at 188 Madaket Road, and further described as Assessor Map 58, Parcel 1 and Assessor Map 39, Parcel 14, for telecommunications tower purposes, subject to Massachusetts G.L. c. 30B. ARTICLE 79 (Public Ways: Coffin, Fayette, Meader and Francis Streets) To see if the Town will vote to accept Coffin, Fayette, Meader and Francis Streets between Washington Street and Union Street as public ways, as laid out by the Board of Selectmen; and further to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain, or otherwise the fee or any lesser interest in said roadways; and, to raise and appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes; or to take any other action relative there. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Coffin, Fayette, Meader and Francis Streets between Washington Street and Union Street are accepted as public ways, as laid out by the Board of Selectmen; and further that the Board of Selectmen is hereby authorized to acquire by purchase, gift, eminent domain, or otherwise the fee or any lesser interest in said roadways. Quantum of vote required for passage of this motion is 2/3. ARTICLE 80 (Real Estate Acquisition: Various “Paper” Streets and Misc. Parcels) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain, for public ways, open space and/or general municipal purpose and for the purpose of conveyance the fee title or lesser interests, together with any public and private rights of passage, in all or any portions of the following unconstructed right of ways or parcels of land:  Macy Street, New York Avenue and Clinton Street (Monomoy) from the southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their southern termini;  Tennessee Avenue (Madaket) between the eastern sideline of C Street and the western sideline of D Street;  Saccacha Avenue (Cisco) from a line across said street approximately 300 feet from its terminus to its terminus;  South Miacomet Road (Cisco) from the western sideline of Westerwyck Way to its terminus; Page 117 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions  California and New Hampshire Avenues (Madaket) between the eastern sideline of Ames Avenue and the western sideline of Massachusetts Avenue;  Massachusetts Avenue (Madaket) between the a line extending the southern sideline of Rhode Island Avenue and the southern sideline of California Avenue;  Hinsdale Road (Mid-Island) between a line extending the westerly sideline of a Proprietors Road across said street to a line extending the western lot line of a property shown as Assessor Map 68, Parcel 404 (72A Old South Road) across said street;  Weweeder Avenue between the eastern sideline of and the western sideline of Barker Street (Maddequecham);  Monomoy Street between the northern sideline of East Lincoln Street to the southern sideline of Northern Avenue; a portion of Galen Street from a line extending the easterly property line of Assessor Map 29 Parcel 116 across Galen Street to the eastern sideline of Monomoy Street and all of Northern Avenue as shown on Land Court Plan 14993A (Brant Point);  143 B Surfside Road, Assessor Map 80 Parcel 101.3;  Assessor Map 60.2.4 Parcel 53, Alabama Avenue (Madaket);  Assessor Map 92.4 Parcel 139, Nichols Road (Tom Nevers);  Assessor Map 60.3.1 Parcels: 192 and 394, New Hampshire Avenue (Madaket);  Assessor Map 61.1.1 Parcels: 159 and 175, Missouri Avenue (Esther’s Island);  Assessor Map 61.1.4 Parcels 75 and 76, Wisconsin Avenue (Esther’s Island);  Assessor Map 36.3.2 Parcels 2, 5 and 8, New York Avenue (Esther’s Island/Smith’s Point);  2408 F Sheet 1, all lots in Blocks 6,7,8,9,and 10; 2408F Sheet 2, all lots in Blocks 1,2,3,4 and 5; 2408P Block 63, Lots 31 and 32, 2408R Block 78 Lots 8 and 9: 2408 S Block 50 Lots 1-14; Block 57, Lots 16, 17, 20,21, 26- 31; and Block 58 Lots 25-41, Block 64 1 and 2; 2408 T Block 67 Lots 6 and 7 (Esther’s Island/Smith’s Point); Page 118 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 80 Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January 2013 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain, for public ways, open space and/or general municipal purpose and for the purpose of conveyance the fee title or lesser interests, together with any public and private rights of passage, in all or any portions of the following unconstructed right of ways or parcels of land:  Macy Street, New York Avenue and Clinton Street (Monomoy) from the southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their southern termini;  Tennessee Avenue (Madaket) between the eastern sideline of C Street and the western sideline of D Street;  Saccacha Avenue (Cisco) from a line across said street approximately 300 feet from its terminus to its terminus;  South Miacomet Avenue (Cisco) from the western sideline of Westerwyck Way to its terminus;  California and New Hampshire Avenues (Madaket) between the eastern sideline of Ames Avenue and the western sideline of Massachusetts Avenue;  Massachusetts Avenue (Madaket) between the a line extending the southern sideline of Rhode Island Avenue and the southern sideline of California Avenue;  Weweeder Avenue between the eastern sideline of Jefferson Street and the western sideline of Barker Street (Maddequecham);  Monomoy Street between the northern sideline of East Lincoln Street to the southern sideline of Northern Avenue; a portion of Galen Street from a line extending the easterly property line of Assessor Map 29 Parcel 116 across Galen Street to the eastern sideline of Monomoy Street and all of Northern Avenue as shown on Land Court Plan 14993A (Brant Point);  143 B Surfside Road, Assessor Map 80 Parcel 101.3;  Assessor Map 92.4 Parcel 139, Nichols Road (Tom Nevers); Page 119 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions And further that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain, for open space and for the purpose of conveyance to the Nantucket Islands Land Bank, the fee title or lesser interests, together with any public and private rights of passage, in all or any portions of the following unconstructed right of ways or parcels of land:  Hinsdale Road (Mid-Island) between a line extending the westerly sideline of a Proprietors Road across said street to a line extending the western lot line of a property shown as Assessor Map 68, Parcel 404 (72A Old South Road) across said street;  Assessor Map 60.2.4 Parcel 53, Alabama Avenue (Madaket);  Assessor Map 60.3.1 Parcels: 192 and 394, 43 and 9 New Hampshire Avenue (Madaket);  Assessor Map 61.1.1 Parcels: 159 and 175, Missouri Avenue (Esther’s Island);  Assessor Map 61.1.4 Parcels 75 and 76, Wisconsin Avenue (Esther’s Island);  Assessor Map 36.3.2 Parcels 2, 5 and 8, New York Avenue (Esther’s Island/Smith’s Point);  2408 F Sheet 1, all lots in Blocks 6,7,8,9,and 10; 2408F Sheet 2, all lots in Blocks 1,2,3,4 and 5; 2408P Block 63, Lots 31 and 32, 2408R Block 78 Lots 8 and 9: 2408 S Block 50 Lots 1-14; Block 57, Lots 16, 17, 20,21, 26- 31; and Block 58 Lots 25-41, Block 64 1 and 2; 2408 T Block 67 Lots 6 and 7 (Esther’s Island/Smith’s Point). All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 80 Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January 2013 and filed herewith at the Office of the Town Clerk. ARTICLE 81 (Real Estate Conveyance: Various “Paper” Streets and Misc. 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 subject land pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, (2) dedicate all or any portion of the subject land for open space and recreational purposes, and/or (3) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the subject land to the Nantucket Islands Land Bank, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in regard to the following land: Page 120 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions  Macy Street, New York Avenue and Clinton Street (Monomoy) from the southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their southern termini;  Tennessee Avenue (Madaket) between the eastern sideline of C Street and the western sideline of D Street;  Saccacha Avenue (Cisco) from a line across said street approximately 300 feet from its terminus to its terminus;  South Miacomet Road (Cisco) from the western sideline of Westerwyck Way to its terminus;  California and New Hampshire Avenues (Madaket) between the eastern sideline of Ames Avenue and the western sideline of Massachusetts Avenue;  Massachusetts Avenue (Madaket) between the a line extending the southern sideline of Rhode Island Avenue and the southern sideline of California Avenue;  Hinsdale Road (Mid-Island) between a line extending the westerly sideline of a Proprietors Road across said street to a line extending the western lot line of a property shown as Assessor Map 68, Parcel 404 (72A Old South Road) across said street;  Weweeder Avenue between the eastern sideline of and the western sideline of Barker Street (Maddequecham);  Monomoy Street between the northern sideline of East Lincoln Street to the southern sideline of Northern Avenue; a portion of Galen Street from a line extending the easterly property line of Assessor Map 29 Parcel 116 across Galen Street to the eastern sideline of Monomoy Street and all of Northern Avenue as shown on Land Court Plan 14993A (Brant Point);  5 (Lot 3 containing 38,010 square feet shown on Plan 2010-35 on file at the Nantucket Registry of Deeds) and 9 (Lot 2 containing 26,461 square feet shown on Plan 2010-35 on file at the Nantucket Registry of Deeds) Miacomet Road, Assessor Map 67 Parcels 680 and 679;  143B Surfside Road, Map 80 Parcel 101.3;  143A Surfside Road, Map 80 Parcel 101.2;  2 Ames Avenue, Map 60 Parcel 138 (Madaket);  15 Ames Avenue, Map 60.2.4 Parcels 27 and 29 (Madaket); Page 121 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions  Parcel G and a portion of Parcel C on Plan No. 2012-20 (formerly part of the Boulevarde (Madequecham)); All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 81 Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January 2013 and filed herewith at the Office of the Town Clerk. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to (1) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the following subject land pursuant to Chapter 30B of the Massachusetts General Laws and guidelines established under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office or (2) dedicate all or any portion of the following land for open space and recreational purposes, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and restrictions, in regard to the following subject land:  Macy Street, New York Avenue and Clinton Street (Monomoy) from the southern sideline of Monomoy Road (f.k.a. DeWolfe Avenue) to their southern termini;  Tennessee Avenue (Madaket) between the eastern sideline of C Street and the western sideline of D Street;  Saccacha Avenue (Cisco) from a line across said street approximately 300 feet from its terminus to its terminus;  South Miacomet Avenue(Cisco) from the western sideline of Westerwyck Way to its terminus;  California and New Hampshire Avenues (Madaket) between the eastern sideline of Ames Avenue and the western sideline of Massachusetts Avenue;  Massachusetts Avenue (Madaket) between the a line extending the southern sideline of Rhode Island Avenue and the southern sideline of California Avenue;  Weweeder Avenue between the eastern sideline of and the western sideline of Barker Street (Maddequecham);  Monomoy Street between the northern sideline of East Lincoln Street to the southern sideline of Northern Avenue; a portion of Galen Street from a line extending the easterly property line of Assessor Map 29 Parcel 116 Page 122 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions across Galen Street to the eastern sideline of Monomoy Street and all of Northern Avenue as shown on Land Court Plan 14993A (Brant Point);  143B Surfside Road, Map 80 Parcel 101.3;  143A Surfside Road, Map 80 Parcel 101.2;  2 Ames Avenue, Map 60 Parcel 138 (Madaket);  15 Ames Avenue, Map 60.2.4 Parcels 27 and 29 (Madaket);  Parcel G and a portion of Parcel C on Plan No. 2012-20 (formerly part of the Boulevarde (Madequecham)); And further that the Board of Selectmen is authorized to (1) dedicate all or any portion of the following subject land for open space and recreational purposes, and/or (2) sell, convey or otherwise dispose of the fee or lesser interests of all or any portion of the following subject land to the Nantucket Islands Land Bank,  Hinsdale Road (Mid-Island) between a line extending the westerly sideline of a Proprietors Road across said street to a line extending the western lot line of a property shown as Assessor Map 68, Parcel 404 (72A Old South Road) across said street provided that an easement to retain or develop walking trails for use by the general public is retained over any portion of the land that is conveyed to the Nantucket Islands Land Bank;  5 (Lot 3 containing 38,010 square feet shown on Plan 2010-35 on file at the Nantucket Registry of Deeds) and 9 (Lot 2 containing 26,461 square feet shown on Plan 2010-35 on file at the Nantucket Registry of Deeds) Miacomet Road, Assessor Map 67 Parcels 680 and 679; All as shown on a map entitled “2013 Annual Town Meeting Warrant Article 81 Acquisition and Disposition of Various “Paper” Streets and Misc. Parcels” dated January 2013 and filed herewith at the Office of the Town Clerk. ARTICLE 82 (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 roadway, bike path, pedestrian access, school-related 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 Page 123 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions 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 that the Board of Selectmen is hereby authorized to acquire by eminent domain, purchase or gift, the fee interest in the following property, for roadway, bike path, pedestrian access, school-related 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. ARTICLE 83 (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, cemetery or open space purposes or for the purposes of conveyance; if acquired for general municipal or open space purposes, the property shall be placed in the care, custody and control of the Board of Selectmen; if acquired for cemetery purposes, to place such property in the care, custody, and control of the Nantucket Cemetery Commission; 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 or for any legal purpose subject to MGL Chapter 30B, 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 that the Board of Selectmen is hereby authorized to acquire by eminent domain, purchase or gift, the fee interest in the following property, for general municipal, cemetery or open space purposes or for the purposes of conveyance; if acquired for general municipal or open space purposes, the property shall be placed in the care, custody and control of the Board of Selectmen; if Page 124 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions acquired for cemetery purposes, to place such property in the care, custody, and control of the Nantucket Cemetery Commission; 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 or for any legal purpose subject to MGL Chapter 30B, 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. ARTICLE 84 (Authorization for Lease at Landfill for Community Scale Wind Turbine) To see if the Town will vote to: authorize the Board of Selectmen to enter into a lease or other arrangement with a vendor, subject to the provisions of any existing land lease, at the Nantucket landfill for the development of a community scale wind turbine similar in size and specifications to the Nantucket High School wind turbine for a term not to exceed twenty years, and further to authorize the Board of Selectmen to enter into a Power Purchase Agreement with the lessee for the purchase of the electricity generated by the wind turbine on such terms and conditions as the Board of Selectmen deem to be in the best interests of the Town, or to take any other action related thereto. (Barbara Gookin, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Finance Committee looks forward to the work product of the work group established by the Motion to Article 41. ARTICLE 85 (Real Estate: Martin’s Lane) To see if the Town will vote to: instruct the Board of Selectmen/County Commissioners to abolish the use of Martins lane from motorized traffic and convert it to a pedestrian use only. (John F. McLaughlin, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 86 (Appropriation: Stabilization Fund) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of the Stabilization Fund in accordance with Chapter 40 section 5B of the Massachusetts General Laws, from which appropriations may be made by a two-thirds vote of an Annual or Special Town Meeting for any purpose for which a municipality may borrow Page 125 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions money or for any other lawful purpose; said sum not to exceed ten percent (10%) of the Fiscal Year 2013 tax levy. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. ARTICLE 87 (Appropriation: Free Cash) To see what sum the Town will vote to transfer from Free Cash in the treasury to meet the appropriations for the ensuing Fiscal Year and to authorize the Assessors to use in the fixing the tax rate, pass any vote, or take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE APPROVAL: Moved to take no action on the Article. ********************************************************************* Page 126 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD REPORT Chapter 40A, section 5 of the Massachusetts General Laws authorizes the Planning Board (hereafter the Board) to issue an advisory report to Town Meeting. Although a motion for Articles 30 through 40 is printed in the Warrant, this report provides additional information to help voters understand the basis for each motion. In an effort to provide better information about the planning process, the Board feels it is important to add this report and a glossary to the Warrant. The Board is guided by the approved Master Plan, unanimously accepted by Town Meeting in April of 2009 1. Overall, the Board’s motions are consistent with the goals and policies of the Master Plan and they represent a balanced approach to guiding the community’s future physical development. The information on each article is as follows: Articles 32, 33, and 35 are Zoning Map changes sponsored by the Planning Board and Article 38 is citizen sponsored. In their development and review, the Board considered compliance with the Master Plan, including, but not limited to, such policies as:  Advancing Master Plan actions identified in the “Zoning District Implementation Schedule”2.  Matching zoning districts with the character of the surrounding area 3  Phasing out certain zoning districts 4  Fostering the creation of area plans and removing commercial zoning from exclusively residential areas 5  Encouraging small neighborhood centers with mixed-use development 6  Addressing issues in 2 of 18 identified Planning Areas 7 The Board only recommended articles that either advance or compliment policy and implementation goals. Overall, the proposed map changes match the existing character of the area with the designated zoning districts, remove commercial development potential in exclusively residential areas, and focus commercial development in identified neighborhood centers 8. Articles 30, 31, 34, 37, 39 and 40 are Zoning Bylaw amendments. Article 30 is Planning Board sponsored and the most comprehensive, including: the addition of new uses and the restriction of existing uses in certain districts to encourage property owners to work cooperatively with the Planning Board on the “Zoning District Implementation 1 Warrant Article 26 of the 2009 Annual Town Meeting 2 2009 Nantucket Master Plan, Figure 39, page 90 (Articles 32 and 33) 3 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.3, page 90 (Articles 32, 33, 35, and 38) 4 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1a, page 90 (Articles 32 and 33) 5 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.1 and 2.2.3, page 91 (Article 32) 6 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.2, page 91 (Article 33) 7 2009 Nantucket Master Plan, Figure 17, page 48 (Articles 32 and 33) 8 2009 Nantucket Master Plan, Figure 15, page 46 (Article 33) Page 127 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Schedule”9, the addition of a “medical marijuana treatment center” as a use allowed by special permit in two districts (this is being added legislation , and some needed “housekeeping” corrections to increase the “user friendliness” of the Bylaw. Planning Board sponsored Articles 31, 34, and 37 and citizen sponsored Article 40 have indirect Master Plan relevance and they were supported by the Planning Board for valid planning or common sense practice. Article 31 refines the “formula business establishment” definition (see comment in Article 31), 34 corrects Town and Country Overlay District anomalies 10, 37 adjusts the intensity regulations for VR and VTEC, and 40 allows existing cooperatively owned dwelling units to be converted to condominium ownership, which has no effect on density. Article 39 (a citizen sponsored article) was not supported by the Planning Board for reasons articulated in the comment section of Article 39. Although Article 41 was not submitted as a zoning article and was found to be flawed by Town Counsel, Zoning Bylaw amendments to alter the requirement for land based wind energy systems would need to be considered if components of this article move forward at a future Town Meeting. We support the motion made by the Finance Committee to refer this matter to the Planning Board for further study. The Planning Board recognizes the hard work of its staff, the active participation by citizens, and appreciates the thoughtful review of these articles by Town Meeting voters. If you have questions or concerns about the zoning articles, we encourage you to seek answers in advance of Town Meeting from individual Board members or contact Planning and Land Use Services staff at 508-325-7587. 9 2009 Nantucket Master Plan, Figure 39, page 90 (Article 30) 10 2009 Nantucket Master Plan, Figure 16, page 47 and Goal 2.2 Policy 2.2.1, page 90 (Article 34) Page 128 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary The Planning Board has provided this glossary to serve as a summarized reference for selected terms in Articles 30 through 40. Articles 32, 33, 34, 35, and 38 The intensity regulations, pursuant to the Code of the Town of Nantucket, Chapter 139 (Zoning), section 16 are referenced below. Intensity Regulations - Zoning Bylaw Section 139-16 Yard Setback Zoning District Minimum Lot Size (square feet) Front (feet) Rear/Side (feet) Frontage (feet) Ground Cover Ratio SR/R-20 20,000 30 10 75 12.5% SR-10 10,000 15 5 75 25% R-10 10,000 20 10 75 25% R-1 5,000 10 5 50 30% R-5 5,000 10 5: side 10: rear 50 40% RC-2 5,000 10 5 40 50% LC 5,000 0 5 40 50% CN 7,500 10 5: side 10: rear 50 40% Spot Zoning – the Massachusetts Supreme Judicial Court found that spot zoning occurs where one lot or a small area has been singled out for treatment less onerous than that imposed upon nearby, indistinguishable properties. The Court of Appeals has found that spot zoning arises “where a zoning change is designed solely for the economic benefit of the owner of the property receiving special treatment and is not in accordance with a well considered plan for the public welfare.” (Source: Massachusetts Municipal Association) “In assessing spot zoning challenges, it is quite proper to consider the effect of the zoning change on the municipality as a whole. The court now favors a balancing test to assess a spot zoning challenge. This is especially important where the growth of the municipality has been addressed by a plan.” Challenges alleging spot zoning have a heavy burden of proof, as great weight is given to validity arising from the Town Meeting process. The total area being rezoned is only important where it is not an extension of a district by the inclusion of border lots. Generally, newly established zoning areas greater than two acres are not considered to be a spot zone. (Source: Bobrowski, Mark “Handbook of Massachusetts Land Use and Planning Law” pages 91through 95) Page 129 Town of Nantucket 2013 Annual Town Meeting Warrant with Finance Committee Motions Country Overlay District (COD) – a zoning overlay district encompassing those areas not included in the Town Overlay District. The purpose of the COD is to preserve areas characterized by traditional and historic rural land use patterns and to discourage the spread of dispersed development patterns that promote automobile dependency. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12F) Town Overlay District (TOD) – a zoning overlay district encompassing those areas not included in the Country Overlay District. The purpose of the TOD is to encourage development within an area where infrastructure already exists or can be extended without undue expense, to create opportunities to produce affordable housing for year- round residents through in-fill development and to create development patterns that are conducive to service by alternatives to the automobile, such as transit, bicycle, and pedestrian systems. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12E) Article 30 Special Permit – requires a super-majority (4 out of 5 members in favor) vote of the special permit granting authority. Special permits may impose conditions, safeguards, and limitations intended to ensure that the use or structure is in harmony with the general purpose and intent of the Zoning Bylaw. (Source: Chapter 139 of the Code of the Town of Nantucket, section 30) Accessory Use – separate structures, buildings or uses which are subordinate and customarily incidental to a principal structure, building or use located on the same lot. Accessory uses shall not be construed to include a building or structure used in whole or in part for human habitation. (Source: Chapter 139 of the Code of the Town of Nantucket, section 2) ARTICLE 30 (Zoning Bylaw Amendment: Permitted Uses) NOTE: proposed Zoning Bylaw amendments are shown in RED and all other text is for reference only. Please note that only the text shown in RED can be modified if the article is called for discussion. PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, be amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket): 1. To delete section 12C, Neighborhood Employee Housing Overlay District, and section 12J, Multi-Family Overlay District, in their entirety. 2. To amend section 2 as follows: APARTMENT A dwelling unit located on the second or third floor or in the basement of a commercial structure. A maximum of four apartments per lot are allowed in the following districts: [Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] (1) CDT — one dwelling unit is permitted for each 1,000 square feet of lot area. (2) CMI — one dwelling unit is permitted for each 2,000 square feet of lot area. (3) CN — one dwelling unit is permitted for each 3,000 square feet of lot area. (4) CTEC – one dwelling unit is permitted for each 4,000 square feet of lot area. (5) CI – one dwelling unit is permitted for each 5,000 square feet of lot area. BULK MERCHANDISE RETAIL The sale of goods that require a large amount of floor space and which involves goods both warehoused and retailed at the same location. Items for sale include large, categorized products such as household appliances, furniture, construction and lawn equipment, electrical and heating fixtures and supplies, plumbing fixtures and supplies. EMPLOYER DORMITORY A dwelling on a lot occupied by a legally permitted or nonconforming commercial or nonprofit recreational use, or on an adjoining lot under the same ownership, all located outside of the NEHOD TOD in which sleeping accommodations for more than five persons are provided by one or more employers, with occupancy limited solely to their employees. GARAGE A building for covered shelter of one or more motor vehicles. A garage shall be accessory to a residential use, or for vehicle parking at grade, or for commercial storage, repair, washing, painting or other servicing of motor vehicles. The Planning Board shall be the special permit granting authority for residential garages serving as a primary use on a lot. LUMBERYARD A facility where building materials such as lumber, plywood, drywall, cement blocks, roofing materials, insulation, and the like, including related products such as wallpaper, plumbing and electrical supplies, paint, glass, and hardware, are stored and sold. MEDICAL MARIJUANA TREATMENT CENTER An establishment containing a not-for-profit entity, as defined by Massachusetts law only, registered by the Department of Public Health, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. The Planning Board shall be the special permit granting authority for any medical marijuana treatment center. MULTI-FAMILY DWELLING A building(s), structure(s) or area(s) within a building(s) or structure(s) that contains three or four dwelling units on a lot subject to conditions set forth in § 139-12. NEIGHBORHOOD EMPLOYEE HOUSING OVERLAY DISTRICT An overlay district in which housing is provided for six to nine employees in a dwelling unit, together with spouses, domestic partners, and dependents with the total occupancy on the number of persons in a building not to exceed 18 persons per lot, in accordance with § 139-12C. Housing for the exclusive use of employers who own or lease space on a lot, for the purpose of housing their employees, their spouses, domestic partners and dependents. A maximum of two (2) dwelling units shall be permitted per lot with occupancy limited to a total of eighteen (18) persons. In the R-1, ROH, R-5, R-10, R-20, and R-40 districts only, there shall be no more than two (2) lots containing neighborhood employee housing or employer dormitory units (conforming or preexisting nonconforming), within a 1,000 foot radius. The Planning Board shall be the special permit granting authority. Site plan review in accordance with §139-23 and the submission of a dormitory management plan shall be required. OUTBUILDINGS Detached accessory residential structure(s) such as a cabana, barn, hoop barn, shanty, greenhouse, gazebo, playhouse, fitness studio, home office, but not including dwelling units or structures used for habitation, studios, or sheds. SHED An accessory structure for storage purposes, not designed to be served by heat or plumbing and not to be used for habitation. 3. To amend section 3F as follows: F. Overlay districts. District Abbreviation Public Wellhead Recharge PWR Flood Hazard Mid-Island Planned FHD MIPOD Multifamily MF Neighborhood Employee Housing NEHOD Country COD Town TOD Formula Business Exclusion FBED Harbor Village Height HOD VHOD 4. To amend section 4 as follows: C. … The Multi-Family Overlay District is located and bounded as shown on a map entitled "Multi-Family Overlay Districts," dated March 13, 2000, prepared by the Nantucket G.I.S. Department as amended to add the area shown as being located in the Multi-Family Overlay District on a map entitled "MFOD- Expansion" dated October, 2001 and February 2002. The districts shown on said map shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk, the Building Commissioner, and the Planning Board upon adoption. and E. The NEHOD shall be coterminous with the Town Overlay District (§ 139-12E) and Country Overlay District (§ 139-12F) as is shown on a map entitled "Town and Country Designations" as may be amended from time to time. 5. To amend section 7A, Use Chart, as follows(NOTE: in this section only, new language is shown in italic, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text) Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 Primary dwelling Y Y Y Y Y Y Secondary dwelling Y Y Y Y Y Y Accessory apartment Y Y Y Y Y Y Apartment N N N N N N Garage Apartment Y Y Y Y Y Y Duplex Y R-1 N SR-1 N Y Y R-10 N SR-10 N N Elder housing facilities SP SP SP SP SP SP Studio A A A A A A Garage – Residential A/SP A/SP A/SP A/SP A/SP A/SP Shed A A A A A A Outbuildings – other A A Y Y A A Swimming Pool – Residential A N A A A A Home Occupations Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Retail sales N N N N N N Convenience store N N N N N N Alcohol sales N N N N N N Bakery N N N N N N Open air market N N N N N N Pharmacy N N N N N N Medical Marijuana Treatment Center N N N N N N Supermarket N N N N N N Restaurants Small (up to 70 seats) N N N N N N Large (71-200 seats) N N N N N N Take out food establishment N N N N N N Drive-through take-out food N N N N N N Tavern/Bar N N N N N N Formula businesses Retail (Includes: bakery, convenience store, and pharmacy) N N N N N N Supermarket N N N N N N Restaurant Small (up to 70 seats) N N N N N N Large (71-200 seats) N N N N N N Take out food establishment N N N N N N Tavern/Bar N N N N N N Offices N N N N N N Theatres, auditoriums, or other places of public assembly N N N N N N Personal Services SP SP SP SP SP SP Print shop N N N N N N Laundromat or dry-cleaning establishment N N N N N N Residential Business Commercial Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 Bank N N N N N N Automated teller machine N N N N N N Arcade N N N N N N Art gallery N N N N N N Museum N N N N N N Catering N N N N N N Crematorium N N N N N N Funeral home SP SP SP SP N N Health spa N N N N N N Medical clinic N N N N N N Hospital N N N N N N Transient residential facilities Hotel or inn N N N N N N Rooming, lodging, or guest house N N N N N N Time-sharing/Interval dwelling units N N N N N N Contractor shop N N N N N N Lumberyard N N N N N N Bulk Merchandise Retail N N N N N N Landscape contractor N N N N N N Light manufacturing N N N N N N Food processing N N N N N N Interior or exterior storage or warehousing N N N N N N Motor vehicle sales N N N N N N Motor vehicle rental N N N N N N Motor vehicle repair or painting N N N N N N Motor vehicle service station N N N N N N Motor vehicle parking lots or structures N N N N N N Car wash N N N N N N Taxi cab business N N N N N N Bicycle rental or sale N N N N N N Maritime service station N N N N N N Yacht/Sailing clubs and marinas N N N N N N Adult uses N N N N N N Asphalt/Batching plant N N N N N N Licensed junkyard N N N N N N Transfer station N N N N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N N N Utility production/distribution (does not include WECS) N N N N N N Mining N N N N N N Truck/bus terminal N N N N N N Boat related storage N N N N N N Preservation of a lot in its natural condition Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Farms Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Care and propagation of fish and Y Y Y Y Y Y Commercial Industrial Industrial Other Town Residential Districts Use R-1 SR-1 ROH SOH R-5 R-10 SR-10 R-20 SR-20 R-40 shellfish All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Including keeping of farm animals, greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Tents Y Y Y Y Y Y Day-care center Y Y Y Y Y Y Kennel SP SP SP SP SP SP Public stable SP SP SP SP SP SP Employer dormitory SP N SP N SPN SP N SP N SP N Neighborhood employee housing SP SP SP SP SP SP Swimming Pool – Commercial N N N N N N Recreational facilities SP SP SP SP SP SP Club N N N SP SP SP Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC Primary dwelling A A A Y N Y Y Y Secondary dwelling Y N N N N Y Y Y Accessory apartment Y Y Y Y N Y Y Y Apartment Y Y Y Y N SP N N N Garage Apartment Y Y Y Y Y Y Y Y Duplex Y Y A Y N Y Y Y Elder housing facilities N SP N N N SP SP SP Studio Y Y Y Y N Y Y Y Y Garage – Residential N N A A N A A N Shed N N A A A A A N Outbuildings – other N N A A A A A N Swimming Pool – Residential A A A A N A A A Home Occupations Y Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Y Retail sales Y Y Y A A Y Y Y Convenience store Y Y Y N N Y Y SP Alcohol sales Y Y SP/A N N Y Y SP Bakery Y Y Y Y N SP SP/A SP/A A Open air market Y Y Y N N Y Y N Pharmacy Y Y Y N N Y Y SP N Medical Marijuana Treatment Center N N SP N SP N N N Supermarket Y Y SP N N Y Y SP N Restaurants Small (up to 70 seats) Y Y SP N N Y Y SP Large (71-200 seats) SP SP N N N Y Y SP N Take out food establishment Y Y SP/A N N SP SP N Drive-through take-out food N N SP N N SP SP N Tavern/Bar Y Y SP/A N N SP SP N Formula businesses Retail (includes: bakery, convenience store, and pharmacy) N Y Y N N SP SP Y/N in FBED Y SP SP/N in FBED N Supermarket Y Y Y N N Y Y N Restaurant Small (up to 70 seats) N SP SP N N SPY/N in FBED SP N SP/N in FBED N Large (71-200 seats) N SP N N N SPY/N in FBED SP N SP/N in FBED N Take out food establishment N SP SP N N Y/N in FBED SP N N Tavern/Bar N SP SP N N Y/N in FBED SP N N Offices Y Y Y A A Y Y Y SP Residential Business Commercial Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC Theatres, auditoriums, or other places of public assembly Y SP SP N N Y Y N Personal Services Y Y Y A N Y Y SP Print shop Y Y Y Y N Y SP SP N Laundromat or dry-cleaning establishment SP SP SP SP N SP SP SP N Bank Y Y Y N N Y Y SP Automated teller machine Y/A Y/A Y/A N N Y Y SP Arcade N SP/A SP/A N N A A A Art gallery Y Y Y N N SP SP SP Museum Y N SP N N Y Y N Catering N Y Y Y N SP SP/A SP/A A Crematorium N N N N Y A A A Funeral home Y Y Y N N Y Y Y Health spa Y Y Y N N Y Y Y N Medical clinic N SP SP N N Y Y SP N Hospital N N Y N N N N N Transient residential facilities Hotel or inn SP SP SP N N Y N SP Rooming, lodging, or guest house Y Y Y N N Y N Y Time-sharing/Interval dwelling units Y Y Y N N Y N Y Contractor shop N N SP Y Y SP SP N Lumberyard N N N SP Y N N N Bulk Merchandise Retail Y Y Y SP Y N N N Landscape contractor N N SP Y Y SP SP N Light manufacturing N N A SP/A Y SP SP N Food processing N N SP SP Y SP SP N Interior or exterior storage or warehousing N N A SP/A Y SP SP N Motor vehicle sales N SP SP N SP SP SP N Motor vehicle rental Y N SP N N SP SP SP N Motor vehicle repair or painting N SP SP SP Y SP SP N Motor vehicle service station N SP SP SP N SP SP SP N Motor vehicle parking lots or structures Y Y Y SP N SP Y Y N Car wash N SP N N SP SP SP N Taxi cab business N Y Y Y N SP SP N Bicycle rental or sale Y N N SP N SP SP N Maritime service station Y Y Y Y Y Y Y SP N Yacht/Sailing clubs and marinas Y N N N N SP Y Y SP N Adult uses N N N N SP N SP N Asphalt/Batching plant N N N N Y SP N SP N N Licensed junkyard N N N N SP SP N SP N N Transfer station N N N N SP N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N Y SP N SP N N Utility production/distribution SP SP SP SP Y SP N SP N Commercial Industrial Industrial Town Commercial Districts Use CDT CMI CN CTEC CI RC RC- 2 LC (does not include WECS) N Mining N N N N Y SP N SP N N Truck/bus terminal N N N SP Y SP N SP N N Boat related storage N N SP Y Y Y Y N Preservation of a lot in its natural condition Y Y Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Y Care and propagation of fish and shellfish Y Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Including keeping of farm animals, greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Y N Municipal Uses (Any) Y Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Y Day-care center Y Y Y Y SP Y N Y Y Y Kennel SP SP SP SP SP SP SP SP N Public stable SP SP SP SP SP SP SP SP N Employer dormitory SP N SP N SP N SP N SP N SP N SP N SP N Neighborhood employee housing SP SP SP SP SP SP SP SP Swimming Pool – Commercial N SP/A SP/A A N SP/A SP/A SP/A Recreational facilities SP SP SP SP SP SP SP SP Club Y Y Y Y N Y Y Y Other Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Primary dwelling Y Y Y Y Y A A Secondary dwelling Y Y Y Y Y N N Accessory apartment Y Y Y Y Y Y Y Apartment N N N N N N N Garage Apartment Y Y Y Y Y Y Y Duplex N N N N N N N Elder housing facilities SP SP SP SP N N N Studio A A A A A Y Y Garage - Residential A/SP A A A/SP A A A Shed A A A A/SP A A A Outbuildings – other A A A A/SP A A A Swimming Pool – Residential A A A A SP A A Home Occupations Y Y Y Y Y Y Y Greenhouses for personal use Y Y Y Y Y Y Y Keeping of pets and farm animals for personal use Y Y Y Y Y Y Y Retail sales N N N N N Y A Convenience store N N N N N SP A Alcohol sales N N N N N A A Bakery N N N N N Y A/SP Open air market N N N N N Y Y Pharmacy N N N N N N N Medical Marijuana Treatment Center N N N N N N N Supermarket N N N N N N N Restaurants Small (up to 70 seats) N N N N N SP N Large (71-200 seats) N N N N N N N Take out food establishment N N N N N A N Drive-through take-out food N N N N N N N Tavern/Bar N N N N N A A Formula businesses Retail (includes: bakery, convenience store, and pharmacy) N N N N N N N Supermarket N N N N N N N Restaurant Small (up to 70 seats) N N N N N N N Large (71-200 seats) N N N N N N N Take out food establishment N N N N N N N Tavern/Bar N N N N N N N Offices N N N N N Y A Theatres, auditoriums, or other places of public assembly N N N N N A A/SP Personal Services N N N N N Y SP Print shop N N N N N N N Laundromat or dry-cleaning establishment N N N N N SP N Business Commercial Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Bank N N N N N N N Automated teller machine N N N N N A A Arcade N N N N N N N Art gallery N N N N N Y Y Museum N N N SP N SP N Catering N N N N N A A Crematorium N N N SP N N N Funeral home N N N N N N N Health spa N N N N N N N Medical clinic N N N N N N N Hospital N N N N N N N Transient residential facilities Hotel or inn N N N N N N N Rooming, lodging, or guest house N N N N N SP N Time-sharing/Interval dwelling units N N N N N Y N Contractor shop N N N N N N A Lumberyard N N N N N N SP Bulk Merchandise Retail N N N N N SP SP Landscape contractor N N N N N N SP Light manufacturing N N N N N SP/A SP/A Food processing N N N N N N SP Interior or exterior storage or warehousing N N N N N A SP/A Motor vehicle sales N N N N N N N Motor vehicle rental N N N N N N N Motor vehicle repair or painting N N N N N N N Motor vehicle service station N N N N N N N Motor vehicle parking lots or structures N N N N N N N Car wash N N N N N N N Taxi cab business N N N N N N N Bicycle rental or sale N N N N N SP A Maritime service station N N N N N N SP Yacht/Sailing clubs and marinas N N N N N N SP Adult uses N N N N N N N Asphalt/Batching plant N N N N N N N Licensed junkyard N N N N N N N Transfer station N N N N N N N Petroleum product storage or distribution facility (i.e. tank farm) N N N N N N N Utility production/distribution (does not include WECS) N N N N N N N Mining N N N N N N N Truck/bus terminal N N N N N N N Boat related storage N N N N N N SP Preservation of a lot in its natural condition Y Y Y Y Y Y Y Orchards or nurseries Y Y Y Y Y Y Y Farms Y Y Y Y Y Y Y Truck gardens Y Y Y Y Y Y Y Commercial Industrial Industrial Use Country Residential Districts Country Commercial Districts V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Care and propagation of fish and shellfish Y Y Y Y Y Y Y All agricultural uses allowed by Ch. 590 of the Acts of 1989, effective 3-8-1990 (Including keeping of farm animals, greenhouses, truck gardens, farms, orchards, and nurseries) Y Y Y Y Y Y Y Cemeteries Y Y Y Y Y Y Y Municipal Uses (Any) Y Y Y Y Y Y Y Tents Y Y Y Y Y Y Y Day-care center Y Y Y Y Y N Y Y N Kennel SP SP SP SP SP SP SP Public stable SP SP SP SP SP SP SP Employer dormitory SP SP SP SP SP N SP SP Neighborhood employee housing N N N N N N N Swimming Pool – Commercial A A A A N A A Recreational facilities SP SP SP SP SP SP SP Club N SP SP SP N SP SP Other Or to take any other action related thereto. HOLOWQUARTER GARDNEQUAKER RDHOWARD ST BLOOM STVESTAL ST NEW DOLLAR LN GREEN LN DARLI N VESTA L S T PU MCOPPER LN HIGH S T P L E A S A N T S T PI N E S TMILK ST MT VERNON STCANDLE HO U S E L N LMILL STANGOLA ST N MILL STS MILL STYO R P R O S P E CRDM I L L H I L L L N MILL HILL LNWAYWINN STWAYTRADERS LN MAIN ST SCHO OL SUMME R S T CHART E HILLER S JUDITH C H A LUCRE T IA S TAL S T HHU M M O C K P O N D R D VESPER L P R O S P E C T S T ADAKET RD MADAKET R D MAIN ST MILK STWINN STSA R A T O G A L N NEW MILL STJOY STSTAR B U C K C T MILK ST HUM M O C K P O N D R D CATO 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, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013 2013 Annual Town Meeting Warrant Article 27 Legend Prospect Hill Improvements Improvement Proposed On-street Bike Route Proposed Paving and On-street Bike Route Proposed Sidewalk Sidewalk Road SURFACE PAVED UNPAVED Buildings Parcel Lines 1 inch equals 117 feet Appropriation: Prospect Hill Bike Path NGTON STS T MO P ON D R D SILVE R ST MT VERNON STSAL T MARSH W Y SA LT MA R S H W P L E A S A NT ST MILK S TN MILWINN SMONOMOY RDY O R K S T P O L P IS R D P R O S P E CT STJOY STVESTAL ST MILL STCHICKEN HILL NEW MILL STB E R K E L E Y A V P O U T P O N D R D P O L P IS R D S MILL STBREWSTER RDKEL L EY R DCATHCART RDW DOVE R ST K E L L E Y R D COON S T COTTA G E C T HAWTHORNE LN POUT POND R DYORK S T M I L K ST P O U T P O N D R D EDI T HS WYH U M M O CK POND RDBEAVE R S T C HICKEN HILL YORK STN MILL STB O Y E R S A L L E Y W Y HAWT HO RNE LN WARRE N S T ORA N GE S T SPRIN G S T UNION STMILLB R O O K R D M IL K S T NE W ST MONOMOY CREEK RDHUMMOCK POND RD P O U T P O N D R D PROPRIETORS WYUNION STPROSPECT ST BACK S T BURNT B R E W S T E R R D SWAMP LNW YORK LNMONOMOY RDHUSSEY FARM RDCAMELI A L N BURNT SWAMP LN GARDNER PERRY LN B R E W S T E R R DATLANTIC AVPOLPI S R D G O O S E P ON D L NPLEASANT ST VESPER LN P O U T P O N D R D WILLIA M S S T CHICKEN HILLORLEANS RDBEAR W Y MILLBROOK RDO R A N G E S T C H E R R Y S T BREW S T E R R D SPRU C E S T BEAR STSOMERSET RDMEADOW VIEW DR UPPER TAWPAWSHAW RDVESPER LNMEADOW VIEW DRH U M M O C K P O N D R D WIL L IA M S L N HARBOR TCPROPRIETORS WYSP A R K S A V TETAW KIM M O D R MANCHESTER CI MONOMOY RDB E A R S TBREW S T E R R D MIDDLE TAWP A W S H A W R DCATO LNMEADO W VI E W DRPOLLIWOG POND RDE CREEK RDROBERTS LN SA N D W ICH R D R O B E R T S L N POLLIWOG P O N D RDUPPER TAWPAW S H A W R D SALT M ARSH RDPOND RD PI NKHAM CICATO LNM ILLBROOK RDSPARKS AV COBBLE C T NETOWA LNDAV ES STSOMERSET RDAUTOPSC O T C I SAN F O R D R D O R A N G E S T POUT POND R DWASHAMAN AV MONOMOY RDPLEA S A NT ST CHAT H A M R D ANNA DRPAU PA M O WYPOLPI S R D CHINS W YSURFSIDE RDB A RNA RD VALLEY R D W CR EE K RD M E A D O W VIEW DR P R O P RI ETORS WYMAMACK LNC HATHAM RD YOMP A S H A M L NWA S HA M A N AV SPARKS AV TETAWKIMMO DRHUMMOCK POND RDORANGE STMIL LBROOK RDM ONOMOY RDPROPRIETORS WYMILESTONE RD MILESTONE RD SHEEP COMMONS LNFIRST W YPAKANOKET LNW AMASQUID PLMILESTONE R DCATO LNFRIENDSH IP LN N I C KANOOSE W Y SPAR K S A V OLD SOU TH RD MILESTO N E R DMILESTON E LNSURFSIDE RDGOLD STAR DRSOMERSET RDTASHAM A L N N E W T O W N R D C A R T W R I G H T P L R AM O S C TCATO LNALLENS LNHOOPER FAR M RD AUSTIN FARM DRDEER R U N R D NEW HUMMOCK CITAWPOOT RDTASHAMA LNGOLD S T A R D R MI LLBROOK RDA U S T IN FA RM DRMACLEAN LN WA YD A L E R D MILESTONE R D BAIL E Y R D FIRST W Y OL D S O U T H R D MARSH HA W K L NS OMERSET LNMILESTONE CROSSINGLARRABEE LN SESAPANA R D MARSH HAWK LN WA Y D A L E R D BAILEY RD FAIRGROUNDS RDH U M M O C K P O N D R D ALLENS LNSEC O N D W YHIGH BRUSH PACED A R C INOBADEER FARM RDLEWIS CTHOOPER FARM RDSEA FOX CIE Q U A TO R D R BARTLE T T R D MILESTONE R D WA YD A L E R D LEWIS CTTHI R D W YEQUATOR DRHOOPER FARM RDOL D S O U T H R D TAWPOOT RDTHIRTY ACRES LNCEDAR CISOMERSET L NB A R T L E T T R D MI L E S T ON E C R O S SIN GAMELIA DRSESAPANA R DFRIENDSHIP LNENTERPRISE CI CATO LNSOMERSET R D H U MMOC K POND RDPHEASANT DRFO U R T H W Y BOYNT O N L N ALLENS LNRUSTYS WYMILESTONE RDSURFSIDE RDFRIENDSHI P LNCATH E RI N E L N E Q U A T O R D R FORREST AVT R O T T E R S L N BARTLET T R D FIFT H W Y YOUNGS W YHULL LNWINDY W Y TOPAZ CIPERRY LNY OUNGS WYAPPLETON RDB R I N D A L N P I LO T WH A LE DR B A R T LE T T R D YOUNGS W Y L U F F R D GOLDFINCH D RALEXANDIA DRCYNTHIA L N ALTHEAS LNFAIRGROUNDS RDNOBADEER FARM RDAMELIA DRGR E E N M E A D O W S T O PPI NG LIFT HOOPER FARM RDB R I N D A L N TOOMBS CTOL D S O U T H R D TICCO MA WY FALCON C T PROPRIETORS WYSALROS RDRUDDER LN GOLDFINCH DRTOMS WYPINE G R O V E L N SUN ISL A N D R D M A RB LE W Y HINSDAL E R DYOUNGS WYMIZZENMASTS P IN N A K E R C IBARTLETT RDSPARROW DRSOMERSET RDSURFSIDE RDDENNIS DRSPINDRIFT HINSDAL E R D PA R K E R L NSOME RSET LNK E E L L N KILLDEER LNC U R L E W C T HINSDALE RD NOBSKA W Y KITTIWAKE LNHINSDALE RDMARBLE W Y MIACOMET AVMARY ANN DRPINE TREE RDDIAS RDAPPLETON RDP A R K E R L N TEASD A L E C IBARTLETT RDKEEL LNMACYS LNTI C C O M A W Y LOVERS LNRUDDER LNDOOLEY CTBLUEBIRD LN GOLDFINCH DRTHURSTONS WYSOMERSET R D OLD SOUTH RD SURF SI D E D R GRAY AVVA L L E Y V I E W D RMIZZENMAST HOOPER FARM RDREACHER LN TEASDA L E C I ARROW HEAD DRMAN TA DR DALEY CT HELENS DRFAIRGROUNDS RDR U D D E R L N CLA R A D R K E E L L N M IA C O M E T R D RA C EW A Y DRHALYARD LNSQUARE RIGGER RD SURFSIDE RD OT O K O M I R D SQUARE R I G G E R R DBAYBERRY LNMARY ANN DRPINE TREE RDTICCOMA W Y MACYS LNHOOPER FARM RDBARTLETT RDMIACOMET AVBENJAMIN D R HATC H CI OLD SOUTH R DAPPLETON RDSCOTTS W Y NOBADEER FARM RDTOD D CI C L A R A D R GRAY AVARROW HEAD DRSOMERSET RDSM OO T H H U M M OC KS WY HELENS DRR U G G E D R D OLD SOUTH RD DAISY WYFAIRGROUNDS RDD O C R YD E R D R M O O T H H U M M O C K S W Y GOLFVIEW D R SCOTTS W Y GREGLEN AVMIACOMET RDDAISY WY MADEQUECHAM VLY RDMIACOMET AVLOVERS LNNOBA D E E R W YFARMVIEW DRNOBA D E E R W Y H E N D E R S O N S D R NANCY ANN LNMI L L E R L NSOMERSET RDBUNKER RDNEW SOUTH RDEVERGR E E N WY RU G GED RD DAVK I M L N MACYS LNS W A Y Z E S D R BARTLETT RDS U R F SID E R DS SHORE RDDAFFODIL LNSOMERSET RD RU G G E D R DBEACH PLUM AVEVER G R E E N W YMIACOMET RDWHEROWHERO LN S U R F S I D E R DBEACH PLUM AVWHEROWHERO LN BUNK ER RDEVER G R E E N W Y W O ODLA N D D R MADEQUECHAM VLY RDS U R F S I D E R D W M I A C O M E T R D PLOV E R L N MONOHANSETT RDSOMERSET RDS PA S T U R E L NBARTLETT RDLOVERS LNSKYLINE DR BARTLETT RD SKYLINE DR N EW S OU T H RD BARTLETT RD GLADLANDS AVMIACOMET RD W M I A C O M E T R D B O U L E V A R D E CORREIA LN WEBSTER RDS SHORE RDSURFSIDE RDBLUEB E R R Y L N SKYLINE DREAGLES WING W Y CORREIA LNSOMERSET RDM ONOHANSETT RDN E W SOU TH R DWAQUOIT RDMEQUASH AV SURFSIDE RDMONOHANSETT R D MADEQUECHAM V LY RDNAUSHON WYFOLGER AVMEQUASH AVFIELD AVWH I T E S TPROPRIETORS WYPLUM STHOLLY STPEQUOT STOKORWAW AV WAQUOIT RDWH I T E S T SKYLINE DRRAC H E L D R OKORWAW AV CHERRY ST PLUM STSURFSIDE RDTORS WYNAUSHON WYMASAQUET AV HOLLY STWOODBINE STB OULEVA R D E N E W S O U T H R D MASAQUET AV PEQUOT STMIACOMET RDP O C H I CK AV TRIP P D R W AYWOODBINE STMONOHANSETT RDLOVERS LNPOCHICK A V POCHICK AV W MIACOMET RDPOCHICK AV POCHICKI AV POND VIEW DR POCHICK AV B O U L E V A R D E P O CH IC K AV POCHICK AVPLUM STIRVING STMORGAN SQNAUSHON WYHOLLY STWOODBINE STFIELD AVB O ULEVAR D ES SHORE RDWEWEEDER AV ADAMS STMI ACOMET RDWEWEEDER AV MADE Q U E C H AM VLY RDPEQUOT STB O U L E V A R D E B O U L E V A R D ECLIFFORD STWEWEEDER AV IRVING STWEWEEDER AVSURFSIDE RDWEWEEDER AVHARRIET STVERNON STADAMS STWAVERLY STPLUM STMORGAN SQWAQUOI T RDMOR G A N S Q UNCATENA STNO B A DEER AV NOBADEER AV MADEQUECHAM VLY RDLOVERS LANENOBADEER AV NAUSHON WYNOBADEER A VPLUM STCLIFFORD STN ONANTUM AV BOULEVARDEHARRIET STWOODBINE STMORGAN SQS SHORE RDWAVERLY STPEQUOT STNOBADEER AV IRVING STVERNON STAURI GA STNONANTUM AVMIACOMET R D ADAMS STMORGAN SQUNCATENA STNOBADEER AV M A D E QUECHAM VLY RD WAQUOI T RDNONANTUM AV DUNHAM STIRVING STMYLES STANDISH STMADEQUECHAM VLY RDLOVERS LANEPOPLAR STMORGA N S Q HI L L S IDE AVW MIACOMET RDWOODBINE STSURFSIDE RDHAWTHORNE STHOLLY STAURIGA STW MIACOMET RD STATION STM O RGAN SQSURFSIDE RDMIACOMET RDWESTERN AV POLLOCK AVESSEX ROADESSEX ROAD STURGIS PINES LNSEIKINNOW PLGOUIN VILLAGE B U N KER RDCANONICUS STNO R Q U A R T A D R PINE CREST DRPINE CREST DREGAN LNEGAN LNBACK U S L N COW POND LNJUNIPER HILLSASACHUMET L N WITHERSPOON DRZACH A R Y W Y MADISON C T FREE D O M S Q DA F F O D I L L NAR I E L A VAURORA WYWAITT DRW AITT DR VINCENT CIR PIN E L A N D S D RCATO 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, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013 2013 Annual Town Meeting Warrant Article 30 Legend 1000 ft Buffer CN + CI Parcel Lines 1 inch equals 695 feet Zoning Bylaw Amendment: Permitted Uses JEFFERSON AVHULBERT AVLINCOLN AVPAWGUVET LN HU L B E R T A V P A U M R D CHARLES STCOBBLES T O NE HILLBATHING BEACH RDN B E A C H S T JOHNSON STB R A N T P O I N T R D WALSH S T JAMES STGR A N T A V NORTHERN AVHIGHLAND AVMOOERS AVF RD GALEN AV CABOT LNNANTUCKET AVWALSH STWILLARD ST E LINCOLN AV C O R N I S H C T SYLVIA L N C L I F F R D N B E A C H S T SWAIN ST N LIBERTY STC O R N I S H S T GIFFORD STRYMORE RD FOLGER L N NO R T H A V KITE HILL L N EASTO N S T MACKAY W Y WYERS LN EW W YLN HU L B E R T A V SANDY DREASTO N S THENRY STWAY WA Y WAYW A Y WAY WAY STONE BARN WY R-40 R-40 R-40 RC LC RC RC R-40 R- 40 RCROH LC R-1 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, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013 2013 Annual Town Meeting Warrant Article 32 Legend LC to R-5 Buildings Parcel Lines 1 inch equals 136 feet Zoning Map Change: Brant Point Area Plan Implementation LC to CN and R-5 and RC to R-10 FORREST AVYOUNGS WYYOUNGS WYTOOMBS CTO L D S O CN RC-2 RC-2 R-5 LUG-3 R-20 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, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013 2013 Annual Town Meeting Warrant Article 33 Legend RC-2 to CN Buildings Parcel Lines 1 inch equals 35 feet Zoning Map Change: Holdgate Property Old South Road RC-2 to CN NG POND RDYYMORE RDWALSH STWILLARD STELANEY RDE LINCOLN AV DERRY LN C O R N I S H C T DARTMOUTH LN SYLVIA L N C L I F F R D N B E A C H S T SWAIN ST N LIBERC O R N I S H S T GIFFORD ST PILGRIM RDDERRYMOR E R D CLIFF RD FOLGER L N NO R T H A VBROOKS FARM RDKITE HILL L N EASTON S T PILGRIM RD MACKAY W Y WYERS LN N W A T E R S T HARBOR VI E W W Y CHEST E R S T S BEACH STC E N T E R S T SUNSE T HI L L L N W CHESTER S T W CHES T E R S T GULL I S L A N D L N PRISCI L L A L N N L IBERTY ST SEA ST W CH E S T E R S T STEP L N CLIFF R D ASH STFRANK L I N S TWA N N A C O M E T R D WHAL E R S L N ASH LN BROAD S T W CH E S T E R S T ACADEMY LN S BEACHST EXTS WATER STCHURCH CTBROAD ST EASY STGAY ST SNAK E ALLILY STGROVE LN OAK S T QUINCE ST CHESTNUT ST FEDERAL STCENTER STPOWDERHOUSE LNCROWN CT HUSSEY ST STILL D O C K WESTMINSTER STMADAKET R D CAMB RI D G E S T COAL LNNEW WHALE STDOCK S T N UN IONSTBROCKS CT INDIA ST CANDLE STWO O DBURY LNROSE LNMEADOW LN SALEM S T MADI S O N L N THURSTONS C T LIBERTY ST MAIN S T MADAKET RD C O BARNABAS LNHOWARD CTLOWELL PLQUARTER MILE HILLGARDNER STCOFFI N ST QUAKER RDORANGE STHOWARD ST U N I O N S T PLUMB L N BLOOM STVESTAL ST NEW DOLLAR LN F A I R S T GORH A M S CTGREEN LN DARLIN G S T VESTA L S T PUMP LNCOPPER LN HIGH S T TATTLE C T FAYETTP L E A S A N T S T PI N E S T CASHS C T MILLBROOK RD FARME R S T FLOR A S T MILK ST TWIN S T MULBE R R Y S T MT VERNON STLYON S T CANDLE HO U S E L N LYON S T WEYMO U T H S JEFFE R S O N L N MILL STANGOLA ST EAGLE L N E DOV E PLEASANT ST SILVER S T Y OR N MILL STE DIT HS WYW DOV E R S T S MILL STC COTTA G E C T YORK S T YORK ST BOYER S A L L E Y W Y WARR E N S T NEW S T BACK S T W YORK LNP R O S P E C T S T ATLANTIC AVGARDNER PERRY LNMILLBROOK RDPOLLIWOG POND RDCOBBL E C T PINKHAM CIMILLBROOK RDHUMMOCK POND RDNICKANOOSE WY AUSTIN FARM DR NEW HUMMOCK CLASHAMA LNEAST O C ROO K E D LN D E A CO N S W Y WYERS WY CROOKED LNMILLBROOK RDDUKES R D HAW T H O R N E L N MI L L H I L L L N CAMELI A L N BURN T S W A M P L N MILL HILL LNHUMMOCK POND RD SP A R K S A VSURFSIDE RDFRIENDSHD E E R R U FIRSCATO LNMACLEAN L NOMERSET RDWA Y W A Y WAYWAY WAY WAYWESCO PLW A Y WAYE CHEST N U T ST WAY LIBERTY LNWAYWINN STWAYWAY WAYWAY COLEMAN LNWALNUT LNFAIR STWINTER ST GARDNE R S C T STONE A L RAYS C T TRADERS LN MAIN ST MARTIN S L N SCHOO L S T SUMME R S T CHARTE R S T HILLERS L N JUDITH C H A S E L N LUCRE T I A M O T T L N STEAMB O A T W F O L M A X EY POND RDESTMOOR LNVEST AL S T TASHAMA LN PAKANOKET LN Y O M P A S H A M L N WASHAMAN AV M A M A C K L NNETOWA LN A U T OP S COT CIPAUPAMO WYCATO LNROBERTS L N SOMERSET RDWAMASQUID PLMEADOW V IEW DR MEADOW VIEW DR MANCHESTE R C I MEADOW VIEW DRHUSSEY FARM RDPOND RD HUM M O C K P O N D R D VESPER L N P R O S P E C T S T GOU IN VILLAGE ANNA D R COW P O N PL E A S A N T C HE WILLIAMS LN WILLI A M MADAKET RD MADAKET R D MAIN ST MILK STWINN STSA R A T O G A L N NEW MILL STVESPER LN N L I B E R T Y S T GROV E L N MAYHEW L N NEW LNNEW LNJOY STSTAR B U C K C T MILK ST HUM M O C K P O N D R D I ND E P E N D E N C E L N AURORA WYCATO 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, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013 2013 Annual Town Meeting Warrant Article 34 Legend Country to Town Buildings Parcel Lines Town Overlay District 1 inch equals 351 feet Zoning Bylaw Amendment: Town and Country Overlay District Boundary Adjustments: Vicinity of Hummock Pond Road, Dukes Road, Crooked Lane and Madaket Road MAYHEW L N WOODBURY LN MEADOW LN NEW LNRNABAS 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, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013 2013 Annual Town Meeting Warrant Article 35 Legend R-20 to R-10 Buildings Parcel Lines 1 inch equals 35 feet Zoning Map Change: R-20 to R-10 Meadow Lane HUMMOCK POND RMOBY WY A H A B DR QUEQUEG DRAHAB DRAHAB DRHELLER WY MEL V I L L E C TISHMAEL RDHELLER WY AHAB DRSTERWYCK WYData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013 2013 Annual Town Meeting Warrant Article 36 Legend LUG-2 to VR Buildings Parcel Lines 1 inch equals 75 feet Zoning Bylaw and Zoning Map Change: Village Height Overlay District and Hummock Pond Farms LUG-2 to VR LUG - 2 LUG - 2 LUG - 2 LUG - 2 LUG - 3 LUG - 3 SANKATY RDANNS LNANNS LN MEETINGHOUSE LN BAXTER RDJENNIFER LN EMILY ST EMILY ST SCONSET AV SCONSET AVOMEAU LNDELDRIDGE 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, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013 2013 Annual Town Meeting Warrant Article 38 Legend SR-20 to SR-10 Buildings Parcel Lines 1 inch equals 75 feet Zoning Map Change: Siasconset SR-20 to SR-10 SR - 10 SR - 20 LUG - 3 LUG - 3 SR - 20SR - 20 49 67 not listed in original Article. Included at suggestion of Planning Department. KPOND RDCRODUKES R D HAW T H O R N E L N BURN T S W A M P L N HUMMOCK POND RDWAYWAYVEST AL S T MEADOW V IE WMEADO PO HUM MADAKET R MILK S T AURORA WYData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013HARBORVIEW DRBREWSTER RDS H IMM O P O N D R D ORLEANS RDBREW S T E R R D POLPIS R D A L T MA R SH RD SANDWICH RDCHAT HA M R D MILESTONE RD MON O M O Y R D MONOMOY RDB ER K E L E Y A V CATHCART RDMONOM OY CREEK RDB O S T O N A V BREWSTER RDMONOMOY RDMONOMOY RDSESAPOOT RDJUNIPER HILLSASACHUMET LN 2013 Annual Town Meeting Warrant Article 42 Legend Sewer Additions Buildings Parcel Lines Sewer District Status CORE DIST CORE DIST LIMITED 1 inch equals 200 feet Bylaw Amendment: Board of Sewer Commissioners Town Sewer District Map Changes CLIFTON ST NORTH SIAS RD BUTTERFLY LN SANKATY RDSOUTH RDCOFFIN SIAS ST LINDBERG AVCOFFIN SIAS S T NOSEGAY LN N GU L L Y R D B R O A D WAYSHELL STPITMAN RDKING ST LINCOLN SIAS STCODFISH PARK RDJEFFE R S O N S T JACK S O N S T NEW SIAS S TNEW SIAS S T FA W C E T T W YFOLGERS CTBANK STW SANKATY RDCENTER SIAS STBEA C H S TFRONT STPARK LNBUNKER HILL RDCHAPEL STMAIN SIAS ST CODFISH PARK RDMILESTONE RD MOREY LNBLUEFISH LNGRAND AVMCKINLEY AVLILY SIAS STBASS LN LAUREL AVEVELYN ST MAGNOLIA AV EVERETT LN SCALLOP CTPOCHICK STBLUEFISH LN QUAHOG CTCA R E W L N CAREW LNWESTERWI C K D R LIN D E N L N OCEAN AVCANNONBURY LNREAPER C I U N D E R H I L L L N HAWKS C I STONE POST WYPACKET D R TWING CI BURNELL STNEW SI A S S T MAIN SIAS ST WAYWAY WAYWAYWAYWAYWAYELBO W L N GULL Y R D COTTAGE AV WAYMCGARVEYS WYHEDGE R W 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, 2011. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2013 2013 Annual Town Meeting Warrant Article 43 Legend Sewer Additions Buildings Parcel Lines Sewer District 1 inch equals 200 feet Bylaw Amendment: Board of Sewer Commissioners Siasconset Sewer District Map Changes N E W S O U T H R D WAYMADEQUE C H A M V L Y R D WAQUOIT RDMADEQUECHAM VLY RDADEQUECHAM VLY RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Article 54 Legend Article 54 Buildings Parcel Lines 1 inch equals 200 feet Home Rule Petition: Land Bank Real Estate Conveyance WARRENS L A N D I N G R D E E L PO I N T R D E E L PO I N T R D WAY WAY BLUE HER R O N WY Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Article 55 Legend Article 55 Buildings Parcel Lines 1 inch equals 100 feet Home Rule Petition: Real Estate Conveyance to Land Bank MOBY WY OSPREY W Y ND RD AUSTINE LOCKE WYBARTLETT FARM HEL L E R W Y TAUTEM O W Y ISHMAEL RDHEL L E R W Y O SPREY W Y AHAB DRMOTHBALL WYWESTERWYCK WYHELLER WY DAVIS LNWALBANG AVWALL STWESTERWYCK WYCARO L I N E W Y CUDWEED RDWALBANG AVPROPRIETORS WYPROPRIETORS WYMIOXES POND RDTAUTEMO WYWAYWAYWAYWAYWAY W A Y WAYWAYWAYW A Y MEL V I L L E C T A H A B D RAHAB DR BART L E T T R D BARTBARTLETT RDQUEQUEG DRSAC C A C H A A V S MI A C O M E T A V MA T T A P O I S E T T A V MA R I O N A V FAL M O U T H A V TRINI T Y A V ORS WYData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Article 60 Legend Article 60 Buildings Parcel Lines 1 inch equals 200 feet Home Rule Petition: Conveyance of Propertyby the County Smooth Hummocks Moorlands Management District SURFSIDE RDTASHAMA LN TASHAMA LNMACLEAN LN LARRABEE LN CED A R C IBARTL E T T R D THIRTY ACRES LNCEDAR CIB A R T L E T T R D BOYNT O N L N SURFSIDE RDWINDY W Y RBACKUS LNCOW POARI EL AVData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Article 74 Legend Article 74 Buildings Parcel Lines 1 inch equals 75 feet Real Estate Acquisition: 2 Bartlett Road MADEQUECHAM VLY RDBUNKER RDNEW SOUTH RDMADEB U N KER RData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Article 75 Legend Article 75 Lot F G Road Buildings Parcel Lines 1 inch equals 75 feet Real Estate Conveyance: Industrial Land G F 5 acres located in this general area MADEQUECHAM VLY RDBUNKER RDNEW SOUTH RDBUNKER RDMADEQUECHAM VLY RDNEW SOUTH RD B U N KER RDData Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Article 76 Legend Article 76 Buildings Parcel Lines 1 inch equals 140 feet Real Estate Conveyance: Easemants - Industry Road, Shadbush Road; Map 78 Parcel 4Industry RoadS h a d b u s h R o a d MAD A K E T R D MADAKET RD R D BAR R E T T F A R M MASSASOIT BRIDGE RD ""P R O P R I E T O R S W Y PROPRIE T OASS ASOIT B RI D G E R D ORS WYMASS A S MASS A S OI T B RI D G E R D CLARK COVE RD" "COVE RDRIDGEANDIN G R D WARRENS LAN D I N G R DTHE FISHERS Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Article 78 Legend Article 78 Buildings Parcel Lines 1 inch equals 220 feet Real Estate Disposition: Long-Term Lease Authorization Town Property at Landfill CO COFFI N ST ORANGE STU N I O N S T GORH A M S CT FAYETTE STCASHS C T MEADER STFLOR A S T MULBE R R Y S T FRANCIS STOUTH ST RSO N LN WA S H I N G T O N S T O N Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Article 79 Legend Article 79 Buildings Parcel Lines 1 inch equals 57 feet Public Ways: Coffin, Fayette, Meader, Francis Streets NEW YO R K A V K S T O K A LAHOMA AVOA K L A NDWAS HI N GT O N A V MISSI S SI P PI A CO L UM B U S A V S T A R BUC K R DNEW JERSEY AVMASSACHUSETTS A V MASSACHUSETTS AV AM E S A VDELAWARE AVMAD A K ET R D VERMONT AV STARBUCK RDFLORIDA AV MAINE A V CALIF O R NIA A V ALABA MA A V STARBUCK RDSTARB U C K R D N CA R OLI N A A V WAY MINNE S O T A A V NEW Y O R K A V TE X A S S T VI R G I N I A A V WI S C O N S I N A V NE V A D A S TKENTUCKY AVLOUISIANA AVILL I N O I S A V OHIO AVMI S S O U R I A V MARYLAND STTENN E S S E E A V I S T H S T G STF STE STD S T C S T MAIN E A V A S T WAS HI N GT O N A V B A L T IMOR E S T COLMADA K E T R D MACY R D SHERHODE ISLAND A V RHODE ISLAND A V NEW HAMPSH I R E A VPENSYLVANIA AVCHICAGO S T CHICAGO S T N CAMBRIDGE S B A L T IMOR E S TMASSACHUSETTS AVL IT T L E N E C K W Y Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Articles 80 + 81 Map 1 Legend Articles 80 + 81 Type Article 80 Real Estate Article 81 Real Estate Articles 80 + 81 Real Estate Paper Street Buildings Parcel Lines 1 inch equals 297 feet Real Estate Acquisition and Conveyance: Various "Paper" Streets and Misc. Parcels EA C H S T JOHNSB R A N T P O I N T R D WALSH S T JAMES STAV NORTHERN AV GALEN AVOT LNWALSH STWILLARD ST E LINCOLN AV C O R N I S H C T SYLVIA L N C L I F F R D N B E A C H S T SWAIN ST C O R N I S H S T D ST FOLGER L N NO R T H A V KITE HILL L N EASTO N S T MACKAY W Y WYERS LN N W A T ER S T HARBOR V I E W W Y CHEST E R S T S BEACH STC E N T E R S T S ET HIL L L N H ESTER S T GULL I S L A N D L N STSEA ST STEP L N ASH ST T WHAL E R S L N ASH LN BROAD S T ACADEMY LN S BEACHST EXTS WATER STCHURCH CTBROAD ST EASY STGAY ST SNAK E ALLILY STLN OAK S T QUINCE ST CHESTNUT ST FEDERAL STCENTER ST CROWN CT HUSSEY ST STILL D O C K WESTMINSTER STCAMB RI D G E S T COAL LNM ID D LE VALLEY RDNEW WHALE ST DOCK S T N UN IONSTBROCKS CT INDIA ST CANDLE STROSE LN SALEM S T MADI S O N L N THURSTONS C T LIBERTY ST CA T H C A R T R D SHIMMO POND RDMAIN S T COMME R C I A L S T HOWARD CTQUARTER MILE HILLGARDNER STCOFFI N ST ORANGE STHOWARD ST U N I O N S T PLUMB L N BLOOM STVESTAL ST NEW DOLLAR LNHARBORVIEW DR F A I R S T GORH A M S CTGREEN LN BREWSTER RDDARLIN G S T PUMP LNCOPPER LN HIGH S T TATTLE C T FAYETTE STP L E A S A N T S T PI N E S T CASHS C T FARME R S T MEADER STFLOR A S T MILK ST S H I M M O TWIN S T MULBE R R Y S T MT VERNON STLYON S T FRANCIS STCANDLE HO U S E L N LYON S T WEYMO U T H S T JEFFE R S O N L N MILL STANGOLA ST EAGLE L N E DOV E R S T PLEASANT ST SILVER S T UNION ST YORK S T N MILL STE DIT HS WYW DOV E R S T S MILL STCOON S T COTTA G E C T YORK S T BEAV E R S T YORK ST BOYE R S A L L E Y W Y WARR E N S T SPRIN G S T NEW S T HUL B E R T A V SANDY DREASTO N S T NORTH RDS VAL L E Y R D WA S H I N G T O N S T MON O M O Y R D MONOMOY RDB ER K E L E Y A V CATHCART RDMI L L H I L L L N MONOM OY CB O S T O NASTER RDHENRY SWAY WA Y WAYW A Y WESCO PLW A Y E CHEST N U T ST LIBERTY LNWAYWAYCOLEMAN LNWALNUT LNFAIR STWINTER ST GARDNE R S C T STONE A L RAYS C T TRADERS LN MAIN ST MARTIN S L N SCHOO L S T SUMME R S T CHARTE R S T HILLERS L N JUDITH C H A S E L N LUCRE TI A M O T T L NSTONE BARN W YSA L T M A R S H W Y STEAMB O A T W F OLD NO R T H W F COMME R C I A L W F OLD SO U T H W F STRAIG H T W F P R O S P E C T S T AIN ST LN NEW MILL STN L I B E R T Y S T JOY STSTAR B U C K C T D RD I ND E P E N D E N C E L N Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Articles 80 + 81 Map 2 Legend Articles 80 + 81 Type Article 80 Real Estate Article 81 Real Estate Articles 80 + 81 Real Estate Paper Street Buildings Parcel Lines 1 inch equals 268 feet Real Estate Acquisition and Conveyance: Various "Paper" Streets and Misc. Parcels HUMOBY WY OSPREY W Y HUMM O C K P O N D R D AUSTINE LOCKE WYHEL L E R W Y TAUTEM O W Y ISHMAEL RDHEL L E R W Y OSPREY W Y AHAB DRMOTHBALL WYWESTERWYCK WYDAVIS LNMOTHBALL WY WALBANG AVWALL STWESTERWYCK WYCARO L I N E W Y CUDWEED RDWALBANG AVPROPRIETORS WYTAUTEMO WYWAYWAY W A Y WAYW A Y MEL V I L L E C T A H A B D RAHAB DRQUEQUEG DRSAC C A C H A A V S MI A C O M E T A V MA T T A P O I S E T T A V MA R I O N A V FAL M O 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 January, 2011 2013 Annual Town Meeting Warrant Articles 80 + 81 Map 3 Legend Articles 80 + 81 Type Article 80 Real Estate Article 81 Real Estate Articles 80 + 81 Real Estate Paper Street Buildings Parcel Lines 1 inch equals 200 feet Real Estate Acquisition and Conveyance: Various "Paper" Streets and Misc. Parcels L E R D MILESTONE C R O SSIN GLEWFIF T H W Y RUSTYS WYDOVEKIE CTSURFSIDE RDFAIRGROUNDS RDFALCO N C T QU A I L L N ALTHEAS LNSPARRO W D R PROPRIETORS WYC U R L E W C TKILLDEER LNPINE GROVE LN KITTIWAKE LNDIAS RDBLU E B I R D L N R U G G E D R D V A L L E Y V I E W D R SURF SI D E D R WAYMIAC O M ET R D LOVERS LNMI L L E R L N WAY MIACOMET AVNOB A D E E R W YFAIRGROUNDS RDR U G G E D R D MI L L E R L N S U R F S I D E R D DAFFODIL LNEVER G R E E N W Y B O U L E V A R D E LOVERS LNBLUEB E R R Y L N SURFSIDE RDFIELD AVFOLGER AVCHER R Y S T B O U L E V A R D E TRIP P D R LOVERS LNPOCHICK AV IRVING STWEWEEDER AV PLUM STS SHORE RDWEWEEDER AV WEWEEDER AV WEWEEDER AV NOBADEER AV ADAMS STNOBADEER AVPLUM STNONANTUM AV LOVERS LANEMADEQUE C H A M V L Y R D IRVING STNONANTUM AV POPLAR STSURFSIDE RDWOODBINE STAURIGA STSTATION STU T H R D SEA FBARTLE T T RD CATO LNTI C C O M A W Y L ETT RD GOLDFI N C H D RAMELIA DRO L D S O U T H R D NOBADEER FARM RDSUN IS L A N D R DGREEN M EA D O W S TOMS WYHINSDA L E R D P A R K E R L NPPLETON RDGOLDFINCH DRMIACOMET AVGOLDFINCH DRSURFSIDE RD DALEY C T MANTA DR O T O K O M I R D MARY ANN DRHOOPER FARM RDMACYS LNPINE TREE RDOLD S O U T H R DGRAY AVBENJAM I N DR NOBADEER FARM RDHELENS DRARROWHEAD DRS C O T T S W Y OLD SOUTH R D MIACOMET RDGREGLEN AVMACYS LNNANCY ANN LNDAV K I M L N WHE R O W H E R O L N WO O D L A N D D R MACYS LNBEACH PLUM AVS PA S T U R E L N GLADLANDS AVPLOV E R L N SKYLINE DRD S SHORE RDCO R R E I A L N SKYLINE DRMONOHANSETT RDWEBSTER RDMEQUASH AV WH I T E S T MONOHANSETT RDS SHORE RDRAC H E L D R OKORWAW AV PEQUOT STMASAQUET AV POCHICK AV MONOHANSETT RDFOLGER AVPOCHICK AV POCHICK AV B O U L E V A R D EFIELD AVHOLLY STIRVING STPEQUOT STSURFSIDE RDMORGAN SQVERNON STWAVERLY STUNCATENA STMADEQUECHAM VLY RDCLIFFORD STHAWTHORNE STBOULEVARDEMORGAN SQNONANTUM AV MYLESSTANDISH STNOBADEER AV DUNHAM STWESTERN AV STURGIS PINES LNWAY W A Y WOODBINE STMORGAN SQCANONICUS STN O R Q U A R T A D R PINE CREST DREGAN LNWITHERSPOON DRZAC H A R Y W Y D A F F O D I L L N R LN R C ICYNTHIA L N SALROS R D NOBSKA W Y THURSTO N S W Y ESSEX ROADES S E X R O A D ALEXANDIA DRBOYNT O N L N PHEASANTPERRY LNTHIRTYACRES LNB R I N D A L N THI R D W YALLEN HULL LNDENNIS DRT R O T T E R S L NBACWINDY W Y PILOT WHAL E DRFO U R T H W Y SEIKINNOW PLEAGLES WING WYNAUSHON WYBAYBERRY LNDOOLEY CTYOUNGS WYYOUNGS WYTI C C O M A W Y FORREST AVTOOMBS CTBUNKER RDTEASD A L E C I SQUA R E R I G G E R R D DAISY W YARIEL AV HILL SI D E AVPOLLOCK AVWAITT DRVI N C E N T C I R E L A N D S D R Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Articles 80 + 81 Map 4 Legend Articles 80 + 81 Type Article 80 Real Estate Article 81 Real Estate Articles 80 + 81 Real Estate Paper Street Buildings Parcel Lines 1 inch equals 432 feet Real Estate Acquisition and Conveyance: Various "Paper" Streets and Misc. Parcels DE AV JONATHAN WYLOW B E A MA R C U S W Y HO L L I S T E R R DSUSSEX RD?SURREY AVHAMPSHIRE RDELLIOTS WYSUSSEX RDMAYHEW RDCHESHIRE RDBOSWORTH RDLYFORD RDDORSET RD W R IGHT S L A N D I NG W RDPARSON LNOL D T O M N E V E R S R D NICHOLS RD WANO M A W Y TOM NEVERS RDSURR E Y A V VAN FLEET C I WANO M A W Y TOM NE V E R S R D SOUTH RDCOFFIN RD SAND S B U R Y 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 January, 2011 2013 Annual Town Meeting Warrant Articles 80 + 81 Map 5 Legend Articles 80 + 81 Type Article 80 Real Estate Article 81 Real Estate Articles 80 + 81 Real Estate Paper Street Buildings Parcel Lines 1 inch equals 200 feet Real Estate Acquisition and Conveyance: Various "Paper" Streets and Misc. Parcels STUT LNGE STG A R D N E R S C T S T O N E A L FAIR STRAYS C T PINE ST C O FFIN STRADERS LN M A R T IN S L N SCHOO L S T PINE STWA S H I N G T O N R ST CHARTE R S T P L U M B L N U N I O N S T HILLERS L N F A I R S T G O R H A M S C T HIGH S T DARLIN G S T ORANG ESFAYETTE STTATTLE C T P U M P L N LUCRE TI A M O T T L N J U D IT H C H A S E L N C O M M E R C IA L S T C O Data Sources: The planimetric data on this mapsheet is based primarily upon interpretation of April, 2003 aerial photography. It was compiled to meet the ASPRS Standard for Class I Map Accuracy for 1"=100’ scale maps. The parcel boundaries are based primarily upon the Tax Assessor’s data through December, 2008. Nantucket governmental agencies will not necessarily approve applications based soley on GIS data. Applicants for permits and licenses must inquire of the relevant agency for applicable requiements. The presence of information of this mapsheet does not necessarily imply public right-of-way or the right of public access. Please send identification of any errors and corresponding corrections to: GIS Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 The data on this mapsheet represents the efforts of the Town of Nantucket and other cooperating organizations to record and compile pertinent geographical and related information utilizing the capabilities of the Nantucket Geographic Information System (GIS). The GIS staff maintains an ongoing program to record and correct errors in these data that are brought to its attention. The Town of Nantucket makes no claims as to the absolute validity or reliability of these data or their fitness for any particular use. Town of Nantucket - GIS Mapsheet January, 2011 2013 Annual Town Meeting Warrant Article 85 Legend Article 85 Buildings Parcel Lines 1 inch equals 50 feet Real Estate: Martin’s Lane