HomeMy WebLinkAbout2014BOSwarrant012214 2_201404010749580193
COMMONWEALTH OF MASSACHUSETTS
TOWN OF NANTUCKET
WARRANT FOR
2014 ANNUAL TOWN MEETING
Nantucket High School
Mary P. Walker Auditorium
Saturday, April 5, 2014 – 9:00 AM
AND
ANNUAL TOWN ELECTION
Nantucket High School
Tuesday, April 15, 2014
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 2014 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
SATURDAY, APRIL 5, 2014 AT 9:00 AM, 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 2013 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 2015; or to take any other action related thereto.
(Board of Selectmen)
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
Page 2 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
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
2015; said sum not to exceed five (5) percent of the Fiscal Year 2014 tax levy; or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 6 (Fiscal Year 2014 General Fund Budget Transfers)
To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2014 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 2015) To see if the Town will vote to adopt the following Compensation Plans for Fiscal Year
2015:
Schedule A -- Miscellaneous Compensation Schedule
Abatement Advisory Committee (yearly per member) $600.00
Americans with Disabilities Act Facilitator (hourly) 15.00
Building, Plumbing, Wiring Inspector, Assistants (hourly) Up to 50.00
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 (hourly) 15.00
Fire Captain, Call (yearly) 150.00
Fire Fighter, Call (hourly) 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
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
Veterans' Agent (hourly) 15.00
Page 3 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Schedule B -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2014- April 14, 2015)
Compensation
Start
Second Third Fourth
Level 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.
(Board of Selectmen)
ARTICLE 8 (Appropriation: Fiscal Year 2015 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 2015;
or to take any other action related thereto.
(Board of Selectmen)
Page 4 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
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 2015, 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 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 2015, 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 2015 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)
ARTICLE 13 (Enterprise Funds: Fiscal Year 2014 Budget Transfers)
To see what sums the Town will vote to transfer into various line items of Fiscal Year
2014 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)
Page 5 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
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 2015)
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 2015, 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.
(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 2015, and to authorize the expenditure of these funds for County purposes, all in accordance with the Massachusetts General Laws and in
Page 6 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
accordance with the County Charter (Chapter 290 of the Acts of 1996), the sum of One Hundred Seventy Thousand Dollars ($170,000); 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 2015 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 2015 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 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 7 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 21 (Appropriation: Other Post-Employment Benefits Trust 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, to deposit into the Other Post-
Employment Benefits Liability Trust Fund established pursuant to Mass. General Law chapter 32B, section 20, for Fiscal Year 2015.
Or, to take any other action related thereto.
(Board of Selectmen)
ARTICLE 22 (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 2015 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 23
(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 2015 in a collective bargaining contract between the Town of Nantucket (represented by
the Airport Commission) and Airport union employees (represented by the Massachusetts
Laborer’s District Council of the Nantucket Memorial Airport Employees of the Laborer’s International Union of North America, Local 1060) in accordance with Chapter 150E of the
Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen for Airport Commission)
ARTICLE 24 (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 Years 2014 and 2015 in collective bargaining contracts 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
Page 8 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
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 25 (Appropriation: Collective Bargaining Agreement/Public Works)
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 2015 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Public Works union employees (represented by the American Federation of State, County and Municipal Employees (AFSCME) Council 93, Local 2346) in
accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 26 (Appropriation: Collective Bargaining Agreement/Laborer’s 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 2015 in a collective bargaining contract between the Town of Nantucket (represented by
the Board of Selectmen) and Laborer’s union employees (represented by the Massachusetts Laborer’s District Council Nantucket Public Employees’ Local Union, 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 27 (Appropriation: Collective Bargaining Agreement/Police)
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 2015 in a collective bargaining contract between the Town of Nantucket (represented by the Board of Selectmen) and Police Department union employees (represented by the
Massachusetts Coalition of Police, Locals 330 and 330a, International Association of Police
Associations (IAPA), and American Federation of Labor – Congress of Industrial Organizations (AFL-CIO)) in accordance with Chapter 150E of the Massachusetts General Laws, and to
amend the Town’s classification and compensation plan accordingly to reflect such contract.
Page 9 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 28 (Appropriation: Collective Bargaining Agreement/Wannacomet Water)
To see if the Town will vote to raise and appropriate, transfer from available funds or
borrow pursuant to any applicable statute, a sum of money to fund the cost items for Fiscal Year 2015 in a collective bargaining contract between the Town of Nantucket (represented by
the Nantucket Water Commission) and Wannacomet Water union employees (represented by the Utility Workers of America, American Federation of Labor – Congress of Industrial
Organizations (AFL-CIO), Local Union 359) in accordance with Chapter 150E of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract.
Or to take any other action related thereto.
(Board of Selectmen for Nantucket Water Commission)
ARTICLE 29 (Community Preservation Committee: Fiscal Year 2015 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 2013 Nantucket Islands Land Bank Fiscal Year 2015 Community Preservation Committee
Historic Preservation reserved fund balance
$205,000.00
Total Transfers to Historic Preservation Reserved fund balance $205,000.00
Article 21 ATM 2004 Town of Nantucket, Parks and
Recreation Commission, Coffin Park
Fiscal Year 2015 Community Preservation Committee
Open Space reserved fund balance
$7,096.51
Article 27 ATM 2005
Prospect Hill Cemetery
Association
Fiscal Year 2015
Community Preservation
Commission Open space reserve fund balance
$299.97
Total Transfers to Open Space Reserved fund balance $7,396.48
Article 27 ATM 2005
Town of Nantucket, Family & Children’s Services, Tryworks
Fiscal Year 2015
Community Preservation Committee Affordable Housing reserved fund balance
$50,000.00
Article 30 ATM 2012
Town of Nantucket, Affordable Housing Trust Fund , Units at
Fiscal year 2015
Community Preservation Committee Affordable Housing reserved fund
$160,000.00
Page 10 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
7 Surfside balance
Total Transfers to Affordable Housing Reserved fund balance $210,000.00
Total Transfers to all three reserved fund balances $422,396.48
(Kenneth Beaugrand, et al)
ARTICLE 30
(Appropriation: FY 2015 Community Preservation Committee) To see if the Town will vote to act on the report of the Community Preservation
Committee on the Fiscal Year 2015 Community Preservation Budget and to appropriate or reserve for later appropriation monies from the Community Preservation Fund annual revenues
or available funds for the administrative and operating expenses of the Community
Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year.
Purpose Amount
Historic Preservation
Town of Nantucket, Planning and Land Use Department (PLUS)
Funds for a preservation consulting team to update “Building with Nantucket in Mind”
$30,000
Nantucket Firemen’s Association
Repair and restore the roof, gutters, trim and windows of the Siasconset Fire station
$135,000
The Coffin School Trustees Preserving the rear and the Historic Brick Facade of the
Sir Isaac Coffin School
$210,000
St. Paul’s Church in Nantucket Completion of the restoration of the exterior vestibule and
creation of the handicap accessible walkway, lift and
stairway
$295,000
First Congregational Church in Nantucket Restoration of the roof of the Summer Church and the
engineering Study
$80,000
Nantucket Historical Association Restoration of the historic fence at 96 Main Street in front
of Hadwen House
$48,000
Nantucket Islands Land Bank
Restoration of Historic clubhouse on Sconset Golf course
$270,000
Museum of African American History Restoring foundations, rebuilding retaining wall, completing
archeological research to replicate original historical
foundations
$144,000
Hostelling International USA, American Youth Hostels Repair and restore the roof and cupola of the Star of Sea
Hostel in Surfside
$95,000
Page 11 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
The Homestead Inc. of Nantucket
Repair and restore the front façade and the front fence
$38,800
Town of Nantucket, Natural Resources Department Restoration of the historic Brant Point shellfish propagation
Facility
$350,000
Sub-total $1,695,800
$10,500 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 $130,000
Habitat for Humanity Nantucket Inc.
Construct new or relocate and renovate a Habitat for Humanity house on current available or to be available land
$200,000
Housing Assistance Corporation with the Nantucket Housing Authority
Sachem’s Path, infrastructure implementation including modeling.
Work To commence no later than 7-1-2014
$100,000
Housing Nantucket
Capital maintenance for community rental housing
$150,000
$580,000 Sub-total
All 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 second 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
Nantucket Land Council, Inc.
Funds for the acquisition from the United States General Services Administration (GSA) in cooperation with the Town
of Nantucket for a 92 acre site in Madaket
$650,000
Town of Nantucket, Planning and Land Use Department (PLUS)
Funds for the acquisition of the property at 50 Union Street in cooperation with The Nantucket Islands Land Bank to
Page 12 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
create open space and widen the street corner $200,000
$975,000 Sub-total
$533,328 of the funds utilized for this category are from the Designated Reserve for
Open space with the balance of the funds to be used in this category from the
Community Preservation surcharge and the State matching funds.
Administrative
Community Preservation Committee Administrative and operating expenses $110,000
$110,000 Sub-total
$8,430 of the funds utilized for this category are from interest income with the balance of the funds to be used in this category from the Community Preservation
surcharge and the State matching funds.
$3,360,800 TOTAL
And amounts to be appropriated from the following sources:
SOURCES AMOUNT
Raised and appropriated from FY 2014 Community Preservation Surcharge $1,841,925
From State matching funds for FY 2013, to be received in 2014 $ 966,617
From interest $ 8,430
From Designated Reserves for Historic preservation $ 10,500
From Designated Reserves for Open Space $ 503,328
From Undesignated Reserves $ 30,000
$3,360,800 Total Revenues
For fiscal year 2015 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
Page 13 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
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 31
(Appropriation: Siasconset Fire Station) To see if the Town will vote to appropriate the sum of One Hundred Fifty Thousand
Dollars ($150,000.00) for repairs to the Siasconset Fire Station, including re-shingle the roof, replace all rotted trim and repaint all exterior trim.
(Nelson K. Eldridge, et al)
ARTICLE 32 (Sewer User Fee Schedule)
To see if the Town of Nantucket will vote to request the Board of Selectmen, and Town Administration, To amend the current sewer use fee schedule to provide that, for properties on
Town water service, one-half (50%) of sewer fees be included as a function of water usage;
and that one-half (50%) be included in the general tax levy of the Town. This provision would apply only to those taxpayers whose sewer bills are calculated as a function of their water bill.
All other sewer fees for properties on septic systems, or with on-site wells would remain as at present.
(Curtis L. Barnes, et al)
ARTICLE 33 (Local Room Tax Dedication Request)
To see if the town will vote to affirm and restate the town's commitment pursuant to Article 51 of the 1991 Annual Town Meeting to the effect "… that thirty percent (30%) of the
town's receipts from the Local Room Tax be dedicated … ", so that thirty percent (30%) of the
town's proceeds from the local room occupancy tax received by the town pursuant to section 3 A of chapter 64G of the General Laws of the Commonwealth at the rate set by the vote of the
town pursuant to Article 8 of the September 21, 2009 Special Town Meeting, is to be dedicated to fund Visitor Services and Information Advisory Committee as defined in Article IV, sections
11.13 through 11.15 of the Nantucket Code, to be used for the Visitor Services and Information
Advisory Committee functions described in section 11.15 of the Nantucket Code, or to take any other action related thereto
(Ann Balas, et al)
ARTICLE 34
(Appropriation: Egan Properties Acquisition)
To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, a sum of money for the acquisition of the
following properties, as authorized by the vote of Article 82 by the 2012 Annual Town Meeting, and the costs related thereto, the properties being described as follows:
Page 14 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Assessor Map 55, Parcels 314, 315, 316, 317 and 318, all known as 11 Mill Hill Lane; Assessor Map 55.4.4, Parcels 26 and 99, known as 11 Chicken Hill;
Assessor Map 55.4.4, Parcel 83, known as 15 Mill Hill Lane; Assessor Map 55.4.4, parcel 60, known as 17 Mill Hill Lane;
Assessor Map 55.4.4, Parcel 58, known as 19 Mill Hill Lane;
Unnamed ways as follows:
Between the eastern sideline of Cato Lane to the western property line of Assessor Map 55,
Parcel 319, south of Mill Hill Lane; Between the eastern sideline of Hummock Pond Road to the southwestern sideline of Mill Hill
Lane; Between the southern sideline of an unnamed way to the eastern sideline of Cato Lane;
Between the western sideline of Cato Lane to the northern sideline of an unnamed way.
All as shown on a map entitled “2012 Annual Town Meeting Warrant Article 82” and filed
herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 35
(Zoning Bylaw Amendment: Flood Hazard Overlay District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be
deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; and, further, that non-substantive changes to the numbering of this bylaw be
permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
1. To amend section 4B as follows:
The Flood Hazard Overlay District (FHOD) is located and bounded on maps entitled, "Flood Insurance Rate Map, Town of Nantucket, Massachusetts, Nantucket County"
prepared by the Federal Emergency Management Agency dated November 6, 1996, consisting of 20 sheets numbered as Panels 1 through 20, inclusive, as may be duly
amended, hereby incorporated and made a part of this chapter by reference. All areas shown on the Flood Insurance Rate Map with the following designations shall be
considered part of the Flood Hazard District: V1 - 30 Zones, A1 - 30 Zones, unnumbered
A Zones, A-H Zones, AO Zones and A99 Zones. The Flood Hazard District shall be considered an overlay district to be superimposed on the Zoning Map of Nantucket. The
maps referred to above shall be kept on file in the office of the Town Clerk. includes all special flood hazard areas within the Town of Nantucket designated as Zone A, AE, or
VE on the Nantucket County Flood Insurance Rate Map (FIRM) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Nantucket County FIRM that are wholly or
Page 15 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
partially within the Town of Nantucket are panel numbers 25019C0018G, 25019C0019G, 25019C0033G, 25019C0034G, 25019C0042G, 25019C0061G,
25019C0062G, 25019C0063G, 25019C0064G, 25019C0066G, 25019C0067G, 25019C0068G, 25019C0069G, 25019C0082G, 25019C0083G, 25019C0084G,
25019C0086G, 25019C0087G, 25019C0088G, 25019C0089G, 25019C0091G, 25019C0092G, 25019C0093G, 25019C0094G, 25019C0103G, 25019C0111G,
25019C0112G, 25019C0113G, 25019C0114G, 25019C0132G, 25019C0151G,
25019C0152G, 25019C0156G, 25019C0157G, 25019C0176G, and 25019C0177G, dated June 9, 2014. The exact boundaries of the FHOD may be defined by the 100-
year base flood elevations shown on the FIRM and further defined by the Nantucket County Flood Insurance Study (FIS) booklet dated June 9, 2014. The FIRM and FIS
booklet are incorporated herein by reference and are on file with the offices of Planning and Land Use Services and Conservation Commission.
2. To delete section 12A in its entirety.
3. To insert a new section 12A as follows:
A. Flood Hazard District Overlay (FHOD).
(1) Statement of purpose. The purposes of the Flood Hazard Overlay District
(FHOD) are to ensure public safety through reducing the threats to life and personal
injury; prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding; avoid the loss of utility services which if
damaged by flooding would disrupt or shut down the utility network and impact the community beyond the site of flooding; reduce costs associated with the response and
cleanup of flooding conditions; reduce damage to public and private property resulting from flooding waters.
(2) Use regulations. The FHOD is herein established as an overlay district to all other districts. The FHOD includes all special flood hazard areas within the
Town of Nantucket designated as Zone A, AE, or VE on the Nantucket County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency
(FEMA) for the administration of the National Flood Insurance Program. The map
panels of the Nantucket County FIRM that are wholly or partially within the Town of Nantucket are panel numbers 25019C0018G, 25019C0019G, 25019C0033G,
25019C0034G, 25019C0042G, 25019C0061G, 25019C0062G, 25019C0063G, 25019C0064G, 25019C0066G, 25019C0067G, 25019C0068G, 25019C0069G,
25019C0082G, 25019C0083G, 25019C0084G, 25019C0086G, 25019C0087G, 25019C0088G, 25019C0089G, 25019C0091G, 25019C0092G, 25019C0093G,
25019C0094G, 25019C0103G, 25019C0111G, 25019C0112G, 25019C0113G,
25019C0114G, 25019C0132G, 25019C0151G, 25019C0152G, 25019C0156G, 25019C0157G, 25019C0176G, and 25019C0177G, dated June 9, 2014. The exact
boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Nantucket County Flood Insurance Study (FIS)
booklet dated June 9, 2014. The FIRM and FIS booklet are incorporated herein by
reference and are on file with the offices of Planning and Land Use Services and
Page 16 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Conservation Commission. In addition to meeting the requirements of districts in which a particular piece of land may lie, all development which lies within a boundary of the
FHOD, including structural and nonstructural activities, alterations, additions, relocations and demolitions, must be in compliance with MGL c. 131, § 40, and the requirements of
the Massachusetts State Building Code pertaining to construction in floodplains and the following additional requirements:
(a) VE Zones: All new construction, except water-related structures such as piers, groins, and similar structures, shall be located landward of the reach of mean
high tide. Man-made alteration of sand dunes which would increase potential flood damage is prohibited.
(b) In Zones A and AE, along watercourses that have not had a regulatory
floodway designated, the best available Federal, State, local, or other floodway
data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the
base flood discharge.
(c) Base flood elevation data is required for subdivision proposals or other
developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.
(d) In a riverine situation, the Natural Resources Coordinator shall notify the
following of any alteration or relocation of a watercourse:
Adjacent Communities
NFIP State Coordinator Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700 Boston, MA 02114-2104
NFIP Program Specialist
Federal Emergency Management Agency, Region I 99 High Street, 6th Floor
Boston, MA 02110
(e) All subdivision proposals must be designed to assure that:
a) such proposals minimize flood damage;
b) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
c) adequate drainage is provided to reduce exposure to flood
hazards.
(3) Existing regulations. All development in the district, including structural and nonstructural
activities whether permitted by right, by site plan review, or by special permit, must be in compliance with the following:
Page 17 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(a) Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR);
(b) Wetlands Protection Regulations, Department of Environmental Protection (DEP)
(currently 310 CMR 10.00);
(c) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d) Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
(e) Minimum Requirements for Subsurface Disposal of Sanitary Sewage, DEP
(currently 310 CMR 15, Title 5);
(f) Any variances from the provisions and requirements of the above-referenced state
regulations may only be granted in accordance with the required variance procedures of these state regulations;
(g) All other applicable Nantucket regulations and bylaws.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 36 (Zoning Map Change: LC to R-5 - Brant Point Area)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Limited Commercial (LC) district in the Residential 5 (R-5) district:
Map Lot Number Street
29 914 4 Stone Barn Way
29 901.1 5A Stone Barn Way
29 901.2 5B Stone Barn Way
29 901.3 5C Stone Barn Way
29 901.4 5D Stone Barn Way
29 901.5 5E Stone Barn Way
29 912.2 6A Stone Barn Way
29 912.1 6B Stone Barn Way
29 911 8 Stone Barn Way
29 906 9 Stone Barn Way
29 910 10 Stone Barn Way
29 907 11 Stone Barn Way
29 909 12 Stone Barn Way
29 908 14 Stone Barn Way
29 901 5 Stone Barn Way
29 86 60 N. Beach Street
29 86.1 58 N. Beach Street
Page 18 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
29 86.2 56 N. Beach Street
29 40 (a portion of) 41B Cliff Road
29 158 1 Arbour Way
29 159 5 Arbour Way
29 160 7 Arbour Way
29 137 (136) 44 N. Beach Street
42.4.1 26 14 Harbor View Way
42.4.1 27 12 Harbor View Way
42.4.1 28 (29) 8 (6) Harbor View Way
42.4.1 30 4 Harbor View Way
42.4.2 4 84 Easton Street
42.4.2 5 82 Easton Street
42.4.2 6 80 Easton Street
42.4.1 34 78 Easton Street
42.4.1 33 76 Easton Street
42.4.1 108 75 Easton Street
42.4.1 109 73 Easton Street
42.4.1 110 71 Easton Street
42.4.1 111 69 Easton Street
42.4.1 65.1 (a portion of) 8 N. Beach Street
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 36 LC to R-5: Brant
Point Area” dated December 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 Map Change: RC and LC to CN -- Brant Point Area) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions:
1. By placing the following properties currently located in the Residential Commercial (RC) district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
42.4.1 23 50 Easton Street
2. By placing the following properties currently located in the Limited Commercial (LC) district in the Commercial Neighborhood (CN) district:
Map Lot Number Street
42.4.1 60 60 Easton Street
42.4.1 61 64 Easton Street
Page 19 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
42.4.1 63 66 Easton Street
42.4.1 115 67 Easton Street
42.4.1 111 69 Easton Street
42.4.1 110 71 Easton Street
42.4.1 32 72 Easton Street
42.4.1 109 73 Easton Street
42.4.1 108 75 Easton Street
42.4.1 33 76 Easton Street
42.4.1 35 77 Easton Street
42.4.1 34 78 Easton Street
42.4.2 6 80 Easton Street
42.4.2 5 82 Easton Street
42.4.2 4 84 Easton Street
42.4.1 31 2 Harbor View Way
42.4.1 30 4 Harbor View Way
42.4.1 28 (29) 8 (6) Harbor View Way
42.4.1 27 12 Harbor View Way
42.4.1 26 14 Harbor View Way
42.4.1 62.1 1 Mackay Way
42.4.1 89 1 N. Beach Street
42.4.1 64 2 N. Beach Street
42.4.1 90 3 N. Beach Street
42.4.1 114 4 N. Beach Street
42.4.1 92 5 N. Beach Street
42.4.1 65 6 N. Beach Street
42.4.1 93 7 N. Beach Street
42.4.1 65.1 8 N. Beach Street
42.4.1 94 9 N. Beach Street
42.4.1 66 15 (17, 19, 21) N. Beach Street
42.4.1 70 23 N. Beach Street
29 130 30 N. Beach Street
42.4.2 50 15 N. Water Street
42.4.2 49 17 N. Water Street
42.4.2 3 19 N. Water Street
42.4.2 100 (98) 23 N. Water Street
42.4.2 2.1 25 N. Water Street
42.4.2 1 29 N. Water Street
42.4.1 62 (62.2) 8 S. Beach Street
42.4.2 51 8 Sea Street
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 37 RC and LC to CN: Brant Point Area” dated December 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 20 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 38 (Zoning Map Change: RC and LC to CDT – Commercial, N. Water, S. Beach, Sea and
Washington Streets, Harbor View Way and Steamboat Wharf) 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 Downtown (CDT) district:
Map Lot Number Street
42.4.2 87 7 N. Water Street
42.4.2 103 9 N. Water Street
42.4.2 54.1 11 N. Water Street
42.4.2 52.1 13 N. Water Street
42.4.2 55 1 Sea Street
42.4.2 54.2 3 Sea Street
42.4.2 52.3 5 Sea Street
42.4.2 52.2 7 Sea Street
2. By placing the following properties currently located in the Residential Commercial (RC) district in the Commercial Downtown (CDT) district:
Map Lot Number Street
42.4.2 8 3 Harbor View Way
42.4.2 10 1 S. Beach Street
42.4.2 13 27 Steamboat Wharf
42.4.2 14 1 Steamboat Wharf
42.4.2 15 3 Steamboat Wharf
42.4.2 101 1 Steamboat Wharf
42.4.2 11 (12) 1 S. Beach Street
42.3.1 38 3 Commercial Street
42.3.2 22 24 Washington Street
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 38 RC and LC to
CDT: Commercial, N. Water, S. Beach, Sea and Washington Streets, Harbor View Way and Steamboat Wharf” dated December 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 39 (Zoning Map Change: LC and RC to R-1 -- Brant Point Area)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions:
Page 21 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
1. By placing the following properties currently located in the Limited Commercial (LC) district in the Residential 1 (R-1) district:
Map Lot Number Street
29 143 41A Cliff Road
42.4.4 75 41A Cliff Road
42.4.1 116 8 Cornish Street
2. By placing the following properties currently located in the Residential Commercial (RC) district in the Residential 1 (R-1) district:
Map Lot Number Street
42.1.4 21 42 Easton Street
42.1.4 22 46 Easton Street
29 4 75 Hulbert Avenue
30 49 (a portion of) 23 Jefferson Avenue
30 121 (a portion of) 39 Jefferson Avenue
30 50 (a portion of) 94 Hulbert Avenue
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 39 LC and RC to
R-1: Brant Point Area” dated December 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 40 (Zoning Map Change: RC to ROH – Fayette, Meader, Union and Washington Streets)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Residential Commercial (RC) district in the Residential Old Historic (ROH) district:
Map Lot Number Street
42.2.3 33 1 Fayette Street
42.2.3 33.1 3 Fayette Street
42.2.3 32 5 Fayette Street
42.2.3 39 3 Meader Street
42.2.3 40 5 Meader Street
42.3.2 89 40B Union Street
42.3.2 28 42 Union Street
42.3.2 26 Washington Street
42.3.2 80 25R Washington Street
42.3.2 141 33B Washington Street
42.3.2 83 33B Washington Street
42.3.2 25 35R Washington Street
Page 22 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
42.3.2 84 37 Washington Street
42.2.3 34 39 Washington Street
42.2.3 36 55 Washington Street
42.2.3 37 57 Washington Street
42.2.3 41 71 Washington Street
42.2.3 42 77 Washington Street
42.2.3 24 81 Washington Street
42.2.3 25 81 Washington Street
42.2.3 23 83 Washington Street
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 40 RC to ROH:
Fayette, Meader, Union and Washington Streets” dated December 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 41
(Zoning Map Change: R-1 to ROH – Coffin, Fayette, Francis, Meader, Union and Washington Streets)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential 1 (R-1) district in the
Historic (ROH) district:
Map Lot Number Street
42.3.1 98 5 Coffin Street
42.3.2 19 7 Coffin Street
42.3.2 21 8 Coffin Street
42.3.2 18 9 Coffin Street
42.3.2 79 10 Coffin Street
42.3.2 77 12 Coffin Street
42.3.2 76 18 Coffin Street
42.2.3 31 4 Fayette Street
42.2.3 30 6 Fayette Street
42.2.3 26 5 Francis Street
42.2.3 43 1 Francis Street
42.2.3 45 15 Meader Street
42.2.3 44 21 Meader Street
42.3.1 43 10 Union Street
42.3.2 17 14 Union Street
42.3.2 73 16 Union Street
42.3.2 74 18 Union Street
42.3.2 230 20 Union Street
42.3.2 75 20 ½ Union Street
42.3.2 138 22 Union Street
Page 23 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
42.3.2 177 24 Union Street
42.3.2 202.1 24 ½ Union Street
42.3.2 202 26 Union Street
42.3.2 179 28 Union Street
42.3.2 143 30 Union Street
42.2.3 29 44 Union Street
42.2.3 28 46 Union Street
42.2.3 27 48 Union Street
42.3.2 85 32 Union Street
42.3.2 178 33C Washington Street
42.3.2 86 34 Union Street
42.3.2 142 35 Washington Street
42.3.2 144 36 Union Street
42.3.2 87 36 ½ Union Street
42.3.2 88 38 Union Street
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 41 R-1 to ROH: Coffin, Fayette, Francis, Meader, Union and Washington Streets” dated December 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 42
(Zoning Map Change: RC to CN – Milestone and Old South Roads)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential Commercial (RC) district in
the Commercial Neighborhood (CN) district:
Map Lot Number Street
55 181 Milestone Road
55 182 1 Old South Road
55 183 3 Old South Road
55 185 6 Old South Road
55 184 5 Old South Road
55 186 11 Old South Road
55 70.1 13 Old South Road
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 42 RC to CN: Old South Road” dated December 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 24 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 43 (Zoning Map Change: R-10 to CN – Hooper Farm and Fairgrounds Roads and Sparks Avenue)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential-10 (R-10) district in the
Commercial Neighborhood (CN) district:
Map Lot Number Street
55 70 1 Fairgrounds Road
55 204 4 Hooper Farm Road
55 191 4 Sparks Avenue
55 192 6 Sparks Avenue
55 201 8 Sparks Avenue
55 202 10 Sparks Avenue
55 205 12 Sparks Avenue
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 43 R-10 to CN: Hooper Farm and Fairgrounds Road and Sparks Avenue” dated December 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 44
(Zoning Map Change: Town R-10 to CTEC)
To see if the Town will vote to: Amend the Zoning Map of the Town of Nantucket by placing properties currently located in the R-10 district into the CTEC district, as identified
below. (Note: this citizen article was submitted with a map identifying the intended properties. For voter convenience and clarity, the properties have been identified below in a format
consistent with general practice regarding zoning map change proposals)
Map Lot Number Street
67 237 78 Surfside Road
67 238 13 Surfside Drive
67 247 11 Surfside Drive
67 248 9 Surfside Drive
67 249 7 Surfside Drive
67 251 5 Surfside Drive
67 252.1 3 Surfside Drive
67 335 2 Surfside Drive
67 479 4 Surfside Drive
67 304 6 Surfside Drive
67 333 8 Surfside Drive
67 332 10 Surfside Drive
67 862 12 Surfside Drive
67 331 12.5 Surfside Drive
Page 25 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
67 194.1 14 Surfside Drive
67 342 71 Hooper Farm Road
67 252 65 Hooper Farm Road
67 253 63 Hooper Farm Road
67 254 61 Hooper Farm Road
67 255 59 Hooper Farm Road
67 255.1 2 Quail Lane
67 317 56 Hooper Farm Road
67 769 58 Hooper Farm Road
67 318 60 Hooper Farm Road
67 321 62 Hooper Farm Road
67 322 66 Hooper Farm Road
67 678 68 Hooper Farm Road
67 906 72 Hooper Farm Road
67 905 74 Hooper Farm Road
67 683 76 Hooper Farm Road
67 326 78 Hooper Farm Road
67 312 6 Parker Lane
67 311 10 Parker Lane
67 770 1 Parker Lane
67 771 1A Parker Lane
67 319.1 3 Parker Lane
67 319 5 Parker Lane
67 319.2 7 Parker Lane
67 670 9 Parker Lane
67 671 11 Parker Lane
67 284 15 Trotters Lane
67 285 17 Trotters Lane
67 289 23 (19) Trotters Lane
67 290 19 (25) Trotters Lane
67 174 4 Gray Avenue
67 320 5 Gray Avenue
67 175 6 Gray Avenue
67 882 7 Gray Avenue
67 772 8 Gray Avenue
67 323 9 Gray Avenue
67 178 10 Gray Avenue
67 324 11 Gray Avenue
67 179 12 Gray Avenue
67 325 (904, 905, 906) 13 (13A Gray Avenue and 72
and 74 Hooper Farm Road) Gray Avenue
67 904 13A Gray Avenue
67 182 16 (14) Gray Avenue
67 326.1 15 Gray Avenue
67 877 16 Gray Avenue
67 327 17 Gray Avenue
Page 26 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
67 183 18 Gray Avenue
67 489 19 Gray Avenue
67 186 20 Gray Avenue
67 291 41 Fairgrounds Road
67 288 43 Fairgrounds Road
67 287 45 Fairgrounds Road
67 304.1 47 Fairgrounds Road
67 304 47A Fairgrounds Road
67 304.2 47B Fairgrounds Road
67 306 49 Fairgrounds Road
67 307 51 Fairgrounds Road
67 895 53 Fairgrounds Road
67 308 55 Fairgrounds Road
67 173 61 Fairgrounds Road
67 176 63 Fairgrounds Road
67 692.1 65A Fairgrounds Road
67 692.2 65B Fairgrounds Road
67 177 67 Fairgrounds Road
67 766 69 Fairgrounds Road
67 693 71 Fairgrounds Road
67 180 73 Fairgrounds Road
(Venessa K. Moore, et al)
ARTICLE 45
(Zoning Map Change: RC-2 and R-20 to CN – Goldfinch Drive, Greglen
Avenue, Lovers Lane, Davkim Lane, Nancy Ann Lane, and Old South Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions:
1. By placing the following properties currently located in the Residential Commercial 2 (RC-2) district in the Commercial-Neighborhood (CN) district:
Map Lot Number Street
68 994 97 Goldfinch Drive
68 583 99 Goldfinch Drive
68 131 2 Greglen Avenue
68 177 4 Greglen Avenue
68 203 2 Lovers Lane
68 202 4 Lovers Lane
68 201 6 Lovers Lane
68 200 8 Lovers Lane
68 132 3 Nancy Ann Lane
68 204 4 Nancy Ann Lane
68 205 6 Nancy Ann Lane
Page 27 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
68 206 8 Nancy Ann Lane
68 207 10 Nancy Ann Lane
68 176 12 Nancy Ann Lane
68 130 14 Nancy Ann Lane
68 59 16 Davkim Lane
68 58 18 Davkim Lane
68 57 20 Davkim Lane
68 18.2 54 Old South Road
68 18.3 54R Old South Road
68 83 56 Old South Road
68 156 57 Old South Road
68 84 58 Old South Road
68 85.3 60 Old South Road
68 85.2 62 Old South Road
68 157 63 Old South Road
68 85 64 Old South Road
68 85.4 66 Old South Road
68 158 67 Old South Road
68 85.5 68 Old South Road
68 999.2 (a portion of) 71 Old South Road
68 999.1 (a portion of) 75 Old South Road
2. By placing the following properties currently located in the Residential-20 (R-20) district
in the Commercial-Neighborhood (CN) district:
Map Lot Number Street
68 129 (a portion of) 73 Old South Road
68 198 1 Greglen Avenue
68 197 3 Greglen Avenue
68 194 5 Greglen Avenue
68 199 10 Lovers Lane
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 45 RC-2 and R-20 to CN: Goldfinch Drive, Greglen Avenue, Lovers Lane, Nancy Ann Lane, Davkim Lane, and
Old South Road” dated December 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 46
(Zoning Bylaw Amendment: Old South Commercial Overlay District)
To see if the Town will vote to establish a new Overlay District, to be called the Old South Commercial Overlay District (OSCOD), to be added to the list of Overlay Districts in
Nantucket Zoning By-law §139-3.F, consisting of the following parcels of land:
Page 28 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Map Parcel Number Street
68 156 57 Old South Road
68 203 2 Lovers Lane
68 202 4 Lovers Lane
68 201 6 Lovers Lane
68 200 8 Lovers Lane
68 204 4 Nancy Ann Lane
68 205 6 Nancy Ann Lane
68 206 8 Nancy Ann Lane
68 207 10 Nancy Ann Lane
68 176 12 Nancy Ann Lane
68 130 14 Nancy Ann Lane
68 129 73 Old South Road
68 158 67 Old South Road
68 157 63 Old South Road
68 85.5 68 Old South Road
68 85.4 66 Old South Road
68 85.2 62 Old South Road
68 85.3 60 Old South Road
68 84 58 Old South Road
68 83 56 Old South Road
68 18.2 54 Old South Road
68 18.3 54R Old South Road
68 85 64 Old South Road
; or to take any other action relative thereto.
(Arthur I. Reade, Jr., et al)
ARTICLE 47
(Zoning Bylaw Amendment: Old South Commercial Overlay District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part
of the final text; and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town
of Nantucket):
1. By establishing a new Overlay District, to be called the Old South Commercial Overlay
District (OSCOD), to be added to the list of Overlay Districts in Nantucket Zoning By-law §139-3.F, consisting of the following parcels of land:
Map Parcel Number Street
68 156 57 Old South Road
68 203 2 Lovers Lane
68 202 4 Lovers Lane
Page 29 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
68 201 6 Lovers Lane
68 200 8 Lovers Lane
68 204 4 Nancy Ann Lane
68 205 6 Nancy Ann Lane
68 206 8 Nancy Ann Lane
68 207 10 Nancy Ann Lane
68 176 12 Nancy Ann Lane
68 130 14 Nancy Ann Lane
68 129 73 Old South Road
68 158 67 Old South Road
68 157 63 Old South Road
68 85.5 68 Old South Road
68 85.4 66 Old South Road
68 85.2 62 Old South Road
68 85.3 60 Old South Road
68 84 58 Old South Road
68 83 56 Old South Road
68 18.2 54 Old South Road
68 18.3 54R Old South Road
68 85 64 Old South Road
2. By inserting a new section 12L as follows:
139-12(L) Old South Commercial Overlay District. The purpose of the Old South Commercial
Overlay District (OSCOD) is to advance the following objectives in the area located on either side of Old South Road, in the vicinity of its intersections with Lover’s Lane and Goldfinch
Drive: 1. to promote consistency and quality in the planning and siting of commercial
(particularly retail) uses and buildings, streetscape improvements, and infrastructure improvements related thereto; 2. to enhance safety to pedestrians, bicyclists, and motorists in
the area; 3. to mitigate traffic congestion, particularly by diverting and dispersing traffic that would otherwise concentrate in the downtown and mid-island areas; and, 4. to promote
economic vitality; all in accordance with the general guidance of the Naushop Crossing Area Plan (NCAP), adopted by the Planning & Economic Development Commission on March 3,
2014, on file in the office of the Nantucket Planning & Economic Development Commission.
The OSCOD is located and bounded as shown on the following maps adopted by reference herein: “Old South Commercial Overlay District,” January, 2014. The overlay district, as shown
on said map shall be considered an overlay district to be superimposed on the Zoning Map of Nantucket, Massachusetts.
(1) Allowed uses:
(a) All uses allowed by right on the lot within the underlying district in which the land is
located.
(2) Uses by special permit:
Page 30 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(a) All uses permitted on the lot requiring a special permit within the underlying district in which the lot is located.
(b) Any building(s) devoted primarily to retail use, in excess of 20,000 square feet of
ground cover, as defined in the provisions of 139-2, up to a maximum of 45,000 square feet of ground cover, as defined in the provisions of 139-2, and as permitted
in accordance with the provisions of 139-11.K(2).
(3) Prohibited uses:
(a) All uses prohibited on the lot within the underlying district in which the land is located.
(4) Additional development requirements within the OSCOD:
(a) The Planning Board shall be the special permit granting authority for all commercial uses requiring a special permit within the OSCOD.
(b) No buildings devoted primarily to retail use or portions of buildings devoted primarily
to retail use within the OSCOD in excess of 10,000 square feet of ground cover shall
be located within one hundred (100) feet of the Old South Road right of way.
(c) No buildings devoted primarily to retail use within the OSCOD shall be permitted on a lot which is comprised of less than 10,000 square feet of land area.
(d) The intensity of any buildings devoted primarily to retail use in excess of 10,000
square feet of ground cover within the OSCOD shall be limited to a ratio of not more
than 10,000 square feet of ground cover, or fraction thereof, for every 40,000 square feet of land area, or fraction thereof.
(e) Buildings devoted primarily to retail use in excess of 20,000 square feet of ground
cover shall be permitted within the OSCOD, but only to the extent permitted and as
set forth in Section 139-11K(2).
(f) In considering the approval of any use or expansion within the OSCOD which is subject to the issuance of a special permit and / or major site plan review, the
Planning Board may require an applicant to install improvements within the public
right-of-way along the frontage of the property controlled by the applicant in accordance with the Naushop Crossing Area Plan (NCAP). Off-site improvements
(i.e., beyond the frontage of the property) may be required for special permit uses to the extent that the demand for the improvements is justified by the nature and
intensity of the use. For major traffic generators, these improvements may include bike path, road, and intersection improvements.
(g) The Planning Board, as special permit granting authority, shall have the power to grant a special permit reducing the open area requirements under either § 139-11G
or § 139-16E, whichever is applicable, and notwithstanding the provisions of § 139-16E(3), provided that it makes the finding that the applicant has provided sufficient
Page 31 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
and appropriate landscaping, and further provided that it makes the finding that the benefits to the community and the neighborhood from the reduction of open area
requirements, as conditioned by the decision granting the special permit, will outweigh the benefits that would be derived from the provision of the open area
requirements as would otherwise be required. The Planning Board may impose reasonable conditions for the granting of such a special permit, including but not
limited to the substitution of off-site landscaping elements, and requirements for the
permanent maintenance of landscaping features within the site by the applicant and its successors.
(5) Additional design standards within the OSCOD:
(a) The following design standards, which were included as recommendations in the
Naushop Crossing Area Plan (NCAP), shall apply to future commercial development
in applicable areas of the OSCOD, where such development directly abuts a residential property:
i. No single commercial building (or portion of any single commercial building)
located within one hundred (100) feet of any directly abutting residential
property shall exceed 10,000 square feet of ground cover.
ii. Commercial buildings located within one hundred (100) feet of any directly abutting residential property shall be screened with fencing and/or densely
planted landscaping, in order to minimize their impact on such property.
iii. A twenty (20) foot wide densely planted “no build” setback area from a
property line shall be maintained between commercial properties and any directly abutting residential property. Allowed within this “no build” setback
area shall include utilities and fencing, vegative or man-made screening, plantings, or landscape features. The Planning Board may waive or modify
these requirements provided a finding is made that the proposed use is a
small scale commercial businesses, such as offices, personal services or other commercial uses compatible with residential uses.
iv. Dense vegetative screening shall be maintained between large scale
commercial uses and residential property, and additionally may include solid
board fencing, subject to approval by the Nantucket Historic District Commission (HDC).
v. Commercial parking areas located within one hundred (100) feet of any
directly abutting residential property shall be screened with densely planted landscaping and/or fencing, in order to minimize the impact upon such
property. Commercial parking areas should also be paved, to reduce noise
and dust impacts.
vi. Loading and service related functions of large commercial businesses shall be oriented away from and not opposite of the directly abutting residential
Page 32 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
property, in order to minimize impacts. Commercial loading and service related functions for smaller businesses should be shared, to the extent
possible, in order to minimize disturbance to residential property.
vii. Loading and service related functions of all commercial buildings shall be located in the rear and or side(s) of the respective buildings, and should also,
to the extent possible, be located the furthest distance away from the directly
abutting residential property to minimize disturbances.
viii. Lighting fixtures for commercial uses shall be shielded and directed to avoid the “spillage” of light or glare to adjoining properties. The design and height of
such lighting should be in keeping with “Building with Nantucket in Mind” specifically the section entitled “New Commercial Design: Exterior Details”.
Appropriate street lighting should be installed along Old South Road to
increase visibility and safety at entrances and access points;
ix. Exterior lighting should also comply with Chapter 102 (Outdoor Lighting) of the Code of the Town of Nantucket. Further, small scale lighting, designed to
focus light where it is needed on targeted areas, rather than the utilization of
more standard “security” lighting that frequently provides excess lighting beyond what is needed for safety and security, is encouraged.
x. Bike paths, walking paths, and sidewalks to connect commercial
developments with residential neighborhoods and public and private rights of way are encouraged. Bicycle and pedestrian access should be encouraged
as a means of reducing vehicular traffic impacts; and
xi. Efforts shall be made to retrofit existing multi-use paths and construct new
multi-use paths incorporating design elements and other means of minimizing potential conflicts between vehicles and bicyclists. These elements may
include the use of reflectors, lighting, textured paving, and tactile warning
strips leading up intersections with roadways. Implementation of grade separations at major crossings or intersections, where subsurface conditions
allow, and where the intensity of use by bicyclists warrant these types of improvements, should be explored, where feasible.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 48 (Zoning Bylaw Amendment: Cap on Retail Major Commercial Developments (MCD))
To see if the Town will vote to amend Nantucket Zoning By-law §139-11.K, “Cap on
retail MCDs”, by deleting Paragraph (1), which reads:
(1) Except in the following approved area plan location, Mid-Island Planned Overlay District (MIPOD), a special permit shall not be granted for:
Page 33 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(a) A new major commercial development which is devoted primarily to retail use and which has 20,000 square feet or more of gross floor area of commercial use, including
roofed-over storage areas.
(b) Expansion of an existing major commercial development whenever the expanded portion of the development, added together from the effective date of this §139-11K
, is devoted
primarily to retail use and has 10,000 square feet or more of gross floor area of commercial
use, including roofed-over storage areas.
and by replacing it with the following new Paragraphs (1) and (2):
(1) Except in the Mid-Island Planned Overlay District (MIPOD) and the Old South Commercial Overlay District (OSCOD), a special permit shall not be granted for:
(a) A new major commercial development which is devoted primarily to retail use and which has 20,000 square feet or more of gross floor area of commercial use, including
roofed-over storage areas.
(b) Expansion of an existing major commercial development whenever the expanded
portion of the development, added together from the effective date of this §139-11K, is devoted primarily to retail use and has 10,000 square feet or more of gross floor area of commercial
use, including roofed-over storage areas.
(2) In the Old South Commercial Overlay District (OSCOD), no special permit shall be granted for a building devoted primarily to retail use which exceeds 45,000 square feet of gross floor
area of commercial use, including roofed-over storage areas.
or to take any other action relative thereto.
(Arthur I. Reade, Jr., et al)
ARTICLE 49 (Zoning Map Change: RC-2 and R-20 to CTEC –
Nancy Ann Lane, Greglen Avenue, and Davkim Lane) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions:
1. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Commercial Trade, Entrepreneurship and Craft (CTEC) district:
Map Lot Number Street
68 133 5 Nancy Ann Lane
68 134 7 Nancy Ann Lane
68 135 9 Nancy Ann Lane
68 136 11 Nancy Ann Lane
68 137 13 Nancy Ann Lane
68 138 15 Nancy Ann Lane
Page 34 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
68 139 17 Nancy Ann Lane
68 140 19 Nancy Ann Lane
68 178 6 Greglen Avenue
68 179 8 Greglen Avenue
68 180 10 Greglen Avenue
68 181 12 Greglen Avenue
68 182 14 Greglen Avenue
68 183 16 Greglen Avenue
68 184 18 Greglen Avenue
68 141 20 Greglen Avenue
68 63 8 Davkim Lane
68 62 10 Davkim Lane
68 61 12 Davkim Lane
68 60 14 Davkim Lane
2. By placing the following properties currently located in the Residential-20 (R-20) district in the Commercial Trade, Entrepreneurship and Craft (CTEC) district:
Map Lot Number Street
68 64 6 Davkim Lane
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 49 RC-2 and R-20 to CTEC: Nancy Ann Lane, Greglen Avenue, and Davkim Lane” dated December 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 50
(Zoning Map Change: R-20 to R-10 – Greglen Avenue)
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
68 193 7 Greglen Avenue
68 190 9 Greglen Avenue
68 189 11 Greglen Avenue
68 188 13 Greglen Avenue
68 187 15 Greglen Avenue
68 186 17 Greglen Avenue
68 185 19 Greglen Avenue
68 142 21 Greglen Avenue
Page 35 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 50 R-20 to R-10: Greglen Avenue” dated December 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 51 (Zoning Map Change: R-20 and RC-2 to R-5 – Old South Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by taking the following actions:
1. By placing the following properties currently located in the Residential-20 (R-20) district in the Residential-5 (R5) district:
Map Lot Number Street
68 129 (a portion of) 73 Old South Road
68
Unnamed Way between the southwestern
sideline of the former Miller Lane to its southern terminus (along eastern property line of Assessor
Map 68 parcel 129)(Surfside)
2. By placing the following properties currently located in the Residential Commercial 2
(RC-2) district in the Residential-5 (R5) district:
Map Lot Number Street
68 999.2 (a portion of) 71 Old South Road
68 999.1 (a portion of) 75 Old South Road
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 51 R-20 and RC-2
to R-5: Portion of Old South Road” dated December 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 52
(Zoning Map Change: LUG-2 to R-40 -- Vicinity of South Shore Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Limited Use General-2 (LUG-2) district in the Residential 40 (R-40) district:
Map Lot Number Street
67 336 (a portion of) 3 S. Shore Road
67 336.9 5 S. Shore Road
67 336.8 7 S. Shore Road
Page 36 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
67 336.7 9 S. Shore Road
67 468 11 S. Shore Road
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 52 LUG-2 to R-40: Vicinity of South Shore Road” dated December 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 53
(Zoning Map Change: LUG-2 to LUG-1 -- Vicinity of Miacomet Road and South Shore Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General-2 (LUG-2) district
in the Limited Use General-1 (LUG-1) district:
Map Lot Number Street
67 49.1 17 Miacomet Road
67 336.2 20 Miacomet Road
67 336.3 22 Miacomet Road
67 336.4 24 Miacomet Road
67 336.5 26 Miacomet Road
67 336.6 28 Miacomet Road
80 1.3 44 Miacomet Road
80 1.2 48 Miacomet Road
81 167 58 Miacomet Road
81 168 54 Miacomet Road
67 336 (a portion of) 3 South Shore Road
67 469 5 Wherowhero Lane
67 470 3 Wherowhero Lane
67 471 1 Wherowhero Lane
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 53 LUG-2 to LUG-
1: Vicinity of Miacomet Road and South Shore Road” dated December 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 37 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 54 (Zoning Map and Town and Country Overlay District Changes: LUG-2, R-10
and CTEC to LUG-3 and Town to Country – Miacomet Green Belt) To see if the Town will vote to take the following actions:
1. To amend the Zoning Map of the Town of Nantucket by placing the following properties
currently located in the Limited Use General-2 (LUG-2) district in the Limited Use
General-3 (LUG-3) district:
Map Lot Number Street
67 346 9 Miacomet Road
67 345 (a portion of) 1 Miacomet Road
80 1.4 Miacomet Road
67 507 Miacomet Village
67 509 Miacomet Village
67 503 Miacomet Village
67 229 (a portion of) 69R Surfside Road
2. To amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Residential 10 (R-10) district in the Limited Use General-3 (LUG-
3) district:
Map Lot Number Street
67 345 (a portion of) 1 Miacomet Road
67 681 3 Miacomet Road
67 680 5 Miacomet Road
67 892 7 Miacomet Road
67 679 9 Miacomet Road
67 891 11 Miacomet Road
67 890 13 Miacomet Road
3. By placing the following properties currently located in the Commercial, Trade, Entrepreneurship and Craft (CTEC) district in the Limited Use General-3 (LUG-3)
district:
Map Lot Number Street
67 229 (a portion of) 69R Surfside Road
4. To amend the map entitled “Town and Country Designations” by removing the
properties listed in paragraphs 1 and 2 above from the Town Overlay District and by placing those properties in the Country Overlay District (except for Map 80 Parcel 1.4,
which is already in the Country Overlay District).
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 54 Zoning Map and
Town and Country Overlay District Changes: LUG-2, R-10 and CTEC to LUG-3 and Town to
Page 38 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Country – Miacomet Green Belt” dated December 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 55 (Zoning Map Change: RC, ROH, R-1, R-10 and R-20 to R-40 –
Town Overlay District Open Space) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions: 1. By placing the following properties currently located in the Residential Commercial (RC)
district in the Residential 40 (R-40) district:
Map Lot Number Street
42.2.4 7 17 Commercial Wharf
42.2.4 8 New Whale Street
42.3.2 23.1 28 Washington Street
42.3.2 23.2 30A Washington Street
42.3.2 23.3 30B Washington Street
42.2.3 4 38 Washington Street
42.2.3 5 40 Washington Street
42.2.3 6 42 Washington Street
42.2.3 38 60 Washington Street
42.2.3 14 66 Washington Street
42.2.3 18 74 Washington Street
42.2.3 19 76 Washington Street
42.4.2 9 15 Harbor View Way
55 58 16 East Creek Road
2. By placing the following properties currently located in the Residential Old Historic
(ROH) district in the Residential 40 (R-40) district:
Map Lot Number Street
55.4.4 15 10 Mill Street
42.3.4 1 17 North Liberty Street
3. By placing the following properties currently located in the Residential 1 (R-1) district in the Residential 40 (R-40) district:
Map Lot Number Street
29 119 11 Galen Avenue
29 120 9 Galen Avenue
Page 39 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
4. By placing the following properties currently located in the Residential 10 (R-10) district in the Residential 40 (R-40) district:
Map Lot Number Street
55 112 46 Cato Lane
55 419 40 Cato Lane
5. By placing the following properties currently located in the Residential 20 (R-20) district in the Residential 40 (R-40) district:
Map Lot Number Street
41 393 17 Grove Lane
56 41 41 Cato Lane
56 42 45 Cato Lane
56 56 107 Hummock Pond Road
56 57 109 Hummock Pond Road
66 522 64 Somerset Road
All as shown on a map entitled “2014 Annual Town Meeting Warrant Zoning Map Change: R-40 - Town Overlay District, Map dated January 2011 and filed herewith at the Office of the
Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 56
(Zoning Map Change: VR to VN -- 1 Polpis Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
placing the following properties currently located in the Village Residential (VR) district in the
Village Neighborhood (VN) district:
Map Lot Number Street
54 121 (a portion of) 1 Polpis Road
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 56 VR to VN: 1
Polpis Road” dated December 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 40 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 57 (Zoning Map Change: R-20 to LUG-1 and LUG-2 to LUG-3 Dukes Road,
Crooked, Hawthorne, and Burnt Swamp Lanes, and Millbrook Road) To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by
taking the following actions:
1. By placing the following properties currently located in the Residential 20 (R-20) district
in the Limited Use General 1 (LUG-1) district:
Map Lot Number Street
56 185.4 53 Dukes Road
56 185.1 55 Dukes Road
56 183 61 Dukes Road
56 182 23 Hawthorne Lane
56 181 25 Hawthorne Lane
56 180 27 Hawthorne Lane
56 242 24 Hawthorne Lane
56 241 49 Millbrook Road
56 240 53R Millbrook Road
56 239 53 Millbrook Road
56 237 55 Millbrook Road
56 238 61 Millbrook Road
56 437 (a portion of) Millbrook Road
2. By placing the following properties currently located in the Limited Use General 2 (LUG-
2) district in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
56 228 15 Burnt Swamp Lane
56 234 25 Burnt Swamp Lane
56 236 25 Burnt Swamp Lane
56 394 63 Millbrook Road
56 437 (a portion of) Millbrook Road
40 79 78 Millbrook Road
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 57 R-20 to LUG-1 and LUG-2 to LUG-3 Dukes Road, Crooked, Hawthorne, and Burnt Swamp Lanes, and
Millbrook Road” dated December 2013 and filed herewith at the Office of the Town Clerk.
Or take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 41 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 58 (Zoning Map Change: LUG-3 to SR-20 and/or LUG-1-- Sankaty Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Limited Use General-3 (LUG-3) district
in the Sconset Residential-20 (SR-20) and/or Limited Use General 1 (LUG-1) district:
Map Lot Number Street
49 4 103 Sankaty Road
49 94 97 Sankaty Road
49 95 101 Sankaty Road
48 23 (a portion of) 92 Baxter Road
48 46 107 Sankaty Road
48 47.1 111 Sankaty Road
48 26 115 Sankaty Road
48 27 117 Sankaty Road
48 38.1 (a portion of) 108 Baxter Road
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 58 LUG-3 to SR-20 and/or LUG-1: Sankaty Road” dated December 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 59 (Zoning Map Change: SR-20 to LUG-3 -- Baxter Road)
To see if the Town will vote to amend the Zoning Map of the Town of Nantucket by placing the following properties currently located in the Sconset Residential-20 (SR-20) district
to the Limited Use General-3 (LUG-3) district:
Map Lot Number Street
49 35 85 Baxter Road
49 8 87 Baxter Road
48 22 91 Baxter Road
48 21 93 Baxter Road
48 19 97 Baxter Road
48 18 99 Baxter Road
48 17 101 Baxter Road
48 15 105 Baxter Road
48 14.1 107 Baxter Road
48 14 107A Baxter Road
48 9 117 Baxter Road
48 7 119 Baxter Road
Page 42 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 59 SR-20 to LUG-3: Baxter Road” dated December 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 60 (Zoning Map Change: SR-20, R-20, LUG-1 and LUG-2 to
LUG-3 – Country Overlay District Open Space) 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 Sconset Residential-20 (SR-
20) district in the Limited Use General-3 (LUG-3) district:
Map Lot Number Street
73 60 2 Bass Lane
73 65 3 Bass Lane
73 61 4 Bass Lane
73 66 5 Bass Lane
73 62 6 Bass Lane
73 67 7 Bass Lane
73 63 8 Bass Lane
73 68 9 Bass Lane
73 64 10 Bass Lane
73.3.1 129 12 Bass Lane
73.3.1 128 13 Bass Lane
73.3.1 124 14 Bass Lane
73.3.1 125 16 Bass Lane
73.3.1 126 18 Bass Lane
73 53 2 Bluefish Lane
73 56 4 Bluefish Lane
73 57 6 Bluefish Lane
73 58 8 Bluefish Lane
73 59 10 Bluefish Lane
73 69 18 Bluefish Lane
73 70 20 Bluefish Lane
73 71 22 Bluefish Lane
73 2.2 20 Burnell Street
49 165.1 Burnell Street
73 99 Hydrangea Lane
73 100 Hydrangea Lane
73 101 Hydrangea Lane
73 102 Hydrangea Lane
73 103 Hydrangea Lane
Page 43 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
74 52 24 Low Beach Road
74 71.2 (a portion of) Low Beach Road
74 59-66 Low Beach Road
73 81 45 Main Street – Sias.
73 7 49 Main Street – Sias.
73 16 50 Main Street – Sias.
73 15 50 Main Street – Sias.
73 17 (18, 19, 20) 50 Main Street – Sias.
72 49 270 Milestone Road
73 21.1 315R Milestone Road
73 84 316 Milestone Road
73 73 2 Quahog Court
73 72 3 Quahog Court
73 75 4 Quahog Court
73 74 5 Quahog Court
73 77 6 Quahog Court
73 76 7 Quahog Court
73 78 8 Quahog Court
49 83 79 Sankaty Road
49 90 81 Sankaty Road
73.3.2 75 3 Scallop Court
73.3.2 76 4 Scallop Court
73.3.2 77 5 Scallop Court
73.3.2 78 6 Scallop Court
73.3.2 79 7 Scallop Court
73.3.2 80 8 Scallop Court
73.3.2 81 9 Scallop Court
73.3.2 82 10 Scallop Court
2. By placing the following properties currently located in the R-20 district in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
88 79 64 Nobadeer Avenue
3. By placing the following properties currently located in the Limited Use General 1 (LUG-1) district in the Limited Use General 3 (LUG-3) district:
Map Lot Number Street
43 68 22 Cathcart Road
43 155 Shimmo Pond Road
43 301 5 Juniper Hill
4. By placing the following properties currently located in the Limited Use General 2 (LUG-
2) district in the Limited Use General 3 (LUG-3) district:
Page 44 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Map Lot Number Street
33 22 Eel Point Road
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 60 CTEC, SR-20, R-20, LUG-1 and LUG-2 to LUG-3 – Country Overlay District Open Space” dated December
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 61
(Zoning Bylaw Amendment: Public Wellhead Recharge District)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 12B, 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. The Public Wellhead Recharge District... (1) Permitted uses:…
(c) Storage of home or business fuel intended to be consumed on site for space
heating, hot water heating and cooking purposes and contained in tanks not
exceeding 1,000 gallons, provided that the design and installation of said tanks is reviewed and approved by the Health Inspector and the Fire Chief in accordance
with applicable health and fire safety regulations. Any permitted fuel storage shall be freestanding, above-ground, on an impervious surface, and provided with 110%
of storage secondary containment, regardless of size. For the purpose of this § 139-12B, the term "fuel" shall not include liquid propane gas…
(2) Prohibited uses:… (b) The manufacture, use, pipeline transport, storage, disposal or treatment of hazardous
or toxic materials, except as noted in Subsection B(1)(b), (c), (d) and (e) above. Petroleum, fuel oil and heating oil bulk stations and terminals, including, but not limited
to, those listed under Standard Industrial Classification (SIC) Codes 5171 (not
including liquefied petroleum gas) and 5983 are prohibited. SIC Codes are established
by the U.S. Office of Management and Budget and may be determined by referring to
the publication, Standard Industrial Classification Manual and any subsequent amendments thereto. The storage of liquid hazardous materials, as defined in MGL c.
21E and/or liquid petroleum products is prohibited unless such storage is: (i) above
ground level, and (ii) on an impervious surface; and either [a] in container(s) or aboveground tank(s) within a building, or [b] outdoors in covered container(s) or
aboveground tank(s) in an area that has a containment system designed and operated
to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater; however, these storage
Page 45 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in a
manner consistent with state and local requirements. For the purpose of this § 139-12B, the term "liquid hazardous material" shall not include liquid propane gas.
(c) Sanitary landfills, dumps, junkyards (defined in M.G.L. c. 140B s. 1) or disposal or landfilling of solid waste, sludge, sewage or septage…
(e) Commercial washing, painting, repair or other servicing of motorized vehicles in
garages or in the open, except by special permit unless such use is prohibited by 139-12[B](2)(t)[2]...
(g) On-site disposal of wastewater exceeding 2,000 gallons per day, unless incorporated with an enhanced nitrogen removal system providing equivalency in compliance with
MADEP requirements and approved by special permit. Such pProhibited wastewater disposal shall also include any discharge, deposit, injection, dumping, spilling, leaking
or placing so that untreated waste may enter ground or surface water…
(i) Truck or bus terminals providing commercial transport services. (j) Public or private sewage treatment facilities in excess of 2,000 gallons per day.
(kj) Commercial servicing, repair or construction of boats or boat motors, except by special permit.
(lk) Dry-cleaning establishments with on-site cleaning operations…
(o) Salvage yards. (sq) All land uses, buildings, and accessory structures, that result in rendering impervious
more than 15% or 2,500 square feet of any lot, whichever is greater, unless a system for artificial recharge of 95% of annual precipitation is provided that will not result in
the degradation of groundwater quality. The Planning Board may require that an applicant provide evidence of groundwater protection which may include a
demonstrated history of treatment effectiveness of the proposed design/treatment
technology, and it may require monitoring of on-site, pre- and post-development groundwater quality for potential pollutants.
[1] For nonresidential uses, recharge shall be by open stormwater infiltration basins or similar system covered with natural vegetation, and dry wells subsurface infiltration
shall be used only where other methods are infeasible. For all nonresidential uses,
all such basins and wells subsurface infiltration structures shall be preceded by oil, grease and sediment traps pretreatment best management practices to facilitate
removal of contamination. Any and all recharge areas shall be permanently maintained in full working order by the owner.
(tr)
[1] Treatment or disposal works subject to 314 CMR 5.0 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or
disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) Title 5, except the following:
[a] Publicly owned treatment works (POTWs); [b] Individual sewage disposal systems handling more than 110 gallons per day per
10,000 square feet of land area that otherwise complies with Title 5, unless
incorporated with an enhanced nitrogen removal system providing equivalency in compliance with MADEP requirements.
Page 46 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
[c] treatment works approved by MADEP designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR
5.05(3) or 5.05(13)… (u) Stockpiling and disposal of snow or ice removed from highways and streets located
outside of Zone II that contains sodium chloride, chemically-treated abrasives or other
chemicals used for snow and ice removal.
(v) Storage of commercial fertilizers, as defined in M.G.L. c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;…
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 62
(Zoning Bylaw Amendment: Parking, Driveways, Screening, Off-Street Loading) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part
of the final text and, further, that non-substantive changes to the numbering of this bylaw be
permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):
1. To amend section 18 as follows:
A. Except in the CDT district, Nno land shall be used and no building or structure shall be erected, enlarged or used unless the off-street parking space requirements are met as
specified in this § 139-18.
(1) For the purpose of this § 139-18, an enlargement of any building or a change in use of a building, which increases the parking requirements beyond what currently exists, shall
require the provision of off-street parking for the existing building as if it were newly constructed.
(2) When one building is used for more than one use, parking requirements shall be computed for each use.
(23) Where the computation of required parking space results in a fractional number, only
the fraction of .50 or more shall be counted as one.
(4) Required off-street parking spaces shall be provided on the same lot as the principal
or accessory use they are required to serve.
(5) Parking upon a lot shall be located entirely within delineated parking areas.
Delineated shall mean, for the purposes of this sub-section, a parking area defined by
edging or surface material so that it can be easily differentiated from surrounding yard or landscaped areas. Continuous use of landscaped areas to meet parking needs shall be
Page 47 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
deemed a change of use and may require additional screening as noted in this sub-section;
(36) Head-in, ninety-degree parking spaces and forty-five degree parking spaces shall not be less than 9 feet in width and 20 18 feet in length. The required length for parallel
parking spaces shall not be less than 23 20 feet. For residential parking only, one required parking space may be reduced to a minimum dimension of 7 feet in width and 17 feet in length.
(7) Commercial parking areas containing 5 or more spaces shall be so arranged as not to require backing of vehicles onto any street or way.
(48) Stacked or tandem parking spaces are allowed for residential uses only., provided that no more than 4 four spaces are so arranged in this manner. Only one tandem parking
space or part thereof, per row, shall be allowed within the front yard setback. Tandem spaces shall be subject to § 139-20.1B(2)(h) and shall not extend for greater than two
spaces in depth or width as illustrated in Plate 3.1 below.
(5) Aisle Width. For lots containing one or more commercial uses, aisle width shall not be less than 24 20 feet for ninety-degree parking, 15 feet for forty-five-degree parking (angle
shall be measured between center line of parking space and center line of aisle), and 12 feet for parallel parking. Aisle width requirements shall not apply to residential uses
except for lots containing multi-family or duplex dwelling units, in which case a minimum aisle width of 12 feet shall apply for ninety-degree, forty-five degree, and parallel parking.
(6) When one building is used for more than one use, parking requirements shall be computed for each use.
Traveled Way
Plate 3.1 - Illustration of Tandem Space Standards
**NOT DRAWN TO SCALE**
Front Yard Setback
Dw elling
24' Maximum Width
Property Line
Curb
15' Maximum WidthApron
Note: Only two tandem parking spaces can
be located within the frontyard setback.
Page 48 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(7) Required off-street parking spaces shall be provided on the same lot as the principal or accessory use they are required to serve.
B. Relief from parking requirements by special permit.
(1) When practical difficulties prevent locating the required off-street parking spaces on
the same lot with the uses requiring them, the special permit granting authority having jurisdiction may, by special permit, may issue a special permit to allow the use of off-site
premises to meet all or a portion of the required off-street parking by lease, easement or
ownership.
(2) Relief from any parking requirement of this chapter, except for § 139-18B(1) and
§ 139-18B(4), may be secured through the issuance of a special permit issued by the special permit granting authority having jurisdiction, provided that such authority makes
the following findings:
(a) That the granting of such special permit is in harmony with the general purposes and intent of this chapter; and
(b) That compliance with the parking requirements of this § 139-18 would:
[1] Be physically impossible for the applicant to provide, or
[2] If physically practical, have a significant and adverse effect on the scenic or historic integrity of the neighborhood; or
[3] Be contrary to sound traffic and safety considerations.
(3) The Core District and the Resident Parking District shall be as shown on the Nantucket Parking District Map dated April 7, 1999, on file in the office of the Town Clerk.
(4) For properties located in the LUG-1, LUG-2, LUG-3 and MMD Zoning Districts, special permit relief shall be limited to a waiver of not more than 30% of the spaces required
under the provisions of § 139-18.
C. Large parking areas. (See also § 139-19 below.) For parking areas of five spaces or more on a lot, the following shall apply:
(1) Parking spaces (other than those for single- and two-family dwellings) shall be so arranged as not to require backing of vehicles onto any street or way used by the public.
(2) Egress shall be designed so as to provide a safe and unobstructed view of traffic in each travel direction.
DB. Table of Parking Requirements.
Page 49 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Residential [§ 139-7]
Zoning Districts Single- Family Dwelling Secondary Dwelling Accessory Apartment Apartment Garage Apartment Studio Duplex Multi-Family Elder Housing Facilities Town Residential Districts R-1
1 .6/br 1 N/A 0.75/br 0 0.75/br N/A 1 per 2
residents
SR-1
ROH
1 1 0 N/A 0.75/br 0 N/A N/A 1 per 2
residents
SOH
R-5 1 1 1 N/A 1.0/br 1 1.0/br 1.0/br 1 per 2
residents
R-10
2 .75/br 1 N/A 1.0/br 1 1.0/br 1.0/br 1 per 2
residents
SR-10
R-20
2 1.0/br 1 N/A 1.0/br 1 N/A N/A 1 per 2
residents SR-20
R-40 Town Commercial Districts CDT 1 0 0 0.3/br 0 0.3/br
0 0 0.3/br
0 N/A 0
Page 50 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Residential [§ 139-7]
LC 1 1 0 0.75/br 0.75/br 0 0.75/br N/A 1 per 2
residents
CMI 1 N/A 0 1.0/br 1.0/br 1 1.0/br 1.0/br 1 per 2
residents
CN
1 N/A 1 1.0/br 1.0/br 1 1.0/br 1.0/br N/A 1 per 2
residents CTEC
CI N/A N/A N/A N/A 1.0/br 1.0/br N/A 1 N/A N/A N/A
RC 1 1 0 0.75/br 0.75/br 0 0.75/br 0.3/br 1 per 2
residents
RC-2 2 0.75/br 1 1.0/br 1.0/br 1 1.0/br 1.0/br 1 per 2
residents Country Residential Districts V-R
2 2 1 N/A 1.0/br 1 N/A N/A 1 per 2 residents
LUG-1
LUG-2
LUG-3
MMD 2 2 1 N/A 1.0/br 1 N/A N/A N/A Country Commercial Districts VN 2 N/A 1 N/A 1.0/br 1 N/A N/A N/A
Page 51 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Residential [§ 139-7]
VTEC
NOTES:
"br" shall mean "bedroom" as determined by the ZEO.
*For interpretation purposes, the secondary dwelling unit shall be the unit with the lesser number of bedrooms and shall not be related to the sequence of building.
Commercial and Other
Principal and Accessory
Uses "B"
Number of Spaces
Rooming, lodging and guest houses: 3 spaces plus 1 space for each
rental unit over 2
Outside the Core
and Resident Parking Permit
District
3 spaces plus 1 space for each
rental unit over 2
Inside the Core and Resident
Parking Permit District
3 spaces plus 1 space for each 3 rental units over 2
Motels, hotels and inns: 2 spaces plus 1 space for each 3
rental units plus 1 space for each 3 persons of total certified building
occupancy for meetings and functions
Outside the Core and Resident
Parking Permit
District
2 spaces plus 1 space for each rental unit and 1 space for each 3
persons of total certified building
occupancy for meetings and functions
Inside the Core and Resident
Parking Permit District
2 spaces plus 1 space for each 3 rental units plus 1 space for each 3
persons of total certified building occupancy for meetings and
functions
Restaurants, taverns and bars, including their outside seated-service
areas:
ROH 0 spaces required, RC and CMI in the MIPOD only 1 space for
each 6 seats, RC 1 space for each
Page 52 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
4 seats, all other districts 1 space for each 3 seats
Outside the Core and Resident
Parking Permit District
1 space for each 4 seats
Inside the Core
and Resident Parking Permit
District
1 space for each 8 seats
Take-out food establishments 5 spaces per take-out service
station and 1 for each 4 seats
Nursing homes 1 space for each 2 beds
Employer dormitories 2 spaces plus 1/2 for each
employee occupant over 2 1 space per bedroom
Retail stores and services 1 for each 200 square feet of gross floor area
Recreational facilities (commercial) 1 for each 3 persons of total
certified building occupancy
Bowling alleys 4 spaces for each alley
Commercial or business uses (those in "B" above) All above uses: In addition to the foregoing requirements, 1 space for each 3
employees or workers on peak shift
Page 53 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
E. C. For other permitted uses or uses by exception which are not covered in § 139-18B
above, comparably adequate off-street parking shall be required as shall be reasonably determined by the Zoning Enforcement Officer, or the special permit granting authority
having jurisdiction.
D. Relief from parking requirements by special permit.
(1) Relief from any parking requirement of this chapter may be secured through the
issuance of a special permit, provided that the special permit granting authority makes the following findings:
(a) That the granting of such special permit is in harmony with the general purposes and intent of this chapter; and
(b) That compliance with the parking requirements of this § 139-18 would:
[1] Be physically impossible for the applicant to provide, or
Principal and Accessory Uses "C" Number of Spaces
Theaters, auditoriums and other places of public assembly 1 space for each 4 seats
Offices 1 for each 200 square feet of
gross floor area, except in the CTEC, CI, VN and VTEC
where 1 space for each 500 square feet is required
Business-related offices in dwellings 3 spaces plus 1 space for an
employee, if any
Warehouses and other business,
commercial or industrial building spaces (other than offices) not generally open to
the public Commercial industrial and
industrial uses, as specified in the “use chart” in § 139-7A
1 for each 900 square feet of
gross floor area
Multifamily uses in Academy Hill District and Our Island Home District 1 space for each 2 dwelling units
Dormitory Overlay District A minimum of 4 but
otherwise not to exceed 1 for every 5 occupants
Page 54 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
[2] If physically practical, have a significant and adverse effect on the scenic or historic integrity of the neighborhood; or
[3] Be contrary to sound traffic and safety considerations.
(2) For properties located in the LUG-1, LUG-2, LUG-3 and MMD Zoning Districts, special
permit relief shall be limited to a waiver of not more than 30% of the spaces required under the provisions of § 139-18.
§ 139-19. Screening of parking areas;, driveways;, and off-street loading facilities lighting.
A. Parking areas with five 5 or more spaces on a lot shall be effectively screened on each
side adjoining or fronting on any street and/or abutting property by a wall, fence or densely
planted compact hedge not less than three 3 feet nor more than eight 8 feet in height, except where the closest point of such parking area is at least 75 feet from the nearest
abutting property line or street.
B. For parking areas of 20 spaces or more on the lot, the following additional screening requirements shall apply:
(1) Parking areas shall be bordered by a 10 five-foot-wide planting strip buffer with at least one 1 tree per 8 eight parking spaces. Tree type and size shall be determined by the
special permit granting authority.
(2) Trees are to be of four-inch trunk diameter or larger, with not less than 25 square feet
of unpaved soil area per tree.
C. All off-street loading facilities which are within 30 feet of any residential area shall be completely screened therefrom by dense year-round vegetation, building walls, or a solid
fence or wall not less than six 6 nor more than eight 8 feet in height.
D. There shall not be more than one driveway per 100 feet of street frontage for any single
lot with five or more parking spaces.
E. Two-way driveway widths shall not be less than 20 feet wide nor more than 24 feet wide
on a lot with five or more parking spaces. Single-lane driveway widths shall be a minimum of 12 feet and a maximum of 15 feet on a lot with five or more parking spaces.
F. Lighting fixtures on a lot used to illuminate any outside area shall be shielded and aimed
to direct light away from the street and away from adjacent properties.
G. Relief from the screening, driveway and lighting screening of parking areas, driveways,
and off-street loading facilities requirements of this chapter may be secured through the
issuance of a special permit by the special permit granting authority having jurisdiction; provided that such authority finds (a) That the granting of such relief is in harmony with the
general purpose and intent; (b) That full compliance with the screening, driveway and lighting requirements of this chapter is physically impossible for the applicant to provide, or,
Page 55 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
if physically possible, would have a significant adverse effect upon the scenic or historic integrity of the neighborhood; and (c) The granting of relief would not be contrary to sound
traffic, parking or safety considerations.
§ 139-20. Off-street loading facilities.
A. Off-street loading facilities are not required in any district, except as may be determined by the special permit granting authority during review of a use permit. The special permit
granting authority shall determine the size and location of any required off-street loading
facilities. Off street loading facilities are not permitted in the CDT or Town Residential districts, as specified in the “use chart” in § 139-7A. shall be provided at the rate of one
loading space for any business or commercial building or use involving transport vehicle
loadings or unloadings at a lot, plus one loading space for each additional transport vehicle which may reasonably be found by the Zoning Enforcement Officer (or the special permit
granting authority) to need such space for concurrent parking, loading or unloading.
B. Each loading space or bay shall conform to the following:
(1) No loading facility shall be located within 30 feet of the nearest point of intersection of any two streets.
(2) A loading bay shall be no less than 14 feet in width, 35 feet in length and 12 feet in height, subject to the following:
(3) Such dimensional requirements shall be exclusive of drive and maneuvering space.
(5) A bay need not be enclosed in a structure, provided that any yard area used as a loading bay shall not infringe on required front, side and rear yards.
(4) Each loading bay shall be located entirely on the lot with immediate and direct ingress to the building intended to be served.
(6) All such facilities shall be designed with appropriate means of vehicular access to a
street as well as maneuvering area, and no driveways or curb cuts shall exceed 25 feet in width.
(7) See § 139-19C above for screening requirements.
C. Relief from the off-street loading requirements of this chapter may be secured through
the issuance of a special permit by the special permit granting authority having jurisdiction, provided that such authority finds:
(1) That the granting of such relief is in harmony with the general purpose and intent of
this chapter; and
Page 56 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(2) That the provision of off-street loading facilities as required by this chapter is physically impossible for the applicant to provide, or, if physically possible, would have a significant
adverse effect upon the scenic or historic integrity of the neighborhood; and
(3) The granting of relief would not be contrary to sound traffic, parking or safety
considerations.
§ 139-20.1. Driveway access.
A. Purpose. This § 139-20.1 regulating driveway access is enacted under the authority of
MGL c. 40A for the purposes of protecting the safety and general welfare of the inhabitants of the Town of Nantucket, by the creation of standards, guidelines and regulatory and
administrative processes governing the creation of driveway access within all zoning districts.
B. Regulation of driveway access. No building permit in connection with a building or use
which creates a new driveway access onto a public right-of-way, or private right-of-way intended for public use, shall be issued, nor use established, until such driveway access has
been approved by the Nantucket Department of Public Works (DPW), as complying with the requirements of § 139-20.1B(2). This requirement may be waived for individual driveway
accesses on lots shown on a definitive subdivision which has been endorsed by the Planning Board pursuant to the Subdivision Control Law, MGL c. 41, § 81K et seq., and for
which a certification by the DPW has been received by the Planning Board that the driveway accesses within the subdivision comply with the requirements of § 139-20.1B(2).
(1) No more than one driveway access shall be allowed on a lot. However, the Planning
Board may grant a waiver to allow two or more driveway accesses in accordance with § 139-20.1C.
(2) Minimum driveway standards associated with driveway accesses. No request for approval of a driveway access permit shall be approved unless the driveway complies
with the following minimum standards, except as otherwise required by applicable law:
(a) Driveways shall be designed and constructed so as not to result in the direction of stormwater runoff, and soil, stones, or other debris, onto or within the intersecting right-
of-way.
(b) No driveway access shall be located closer than 25 feet from the curbline of an
intersecting street, measured from the nearest point of the driveway.
(c) Driveways shall be constructed with a slope not exceeding 12% at their intersection with the street. The DPW may approve a greater slope based on a finding that a lesser
slope is infeasible due to the topography or other natural characteristics of the site, and the driveway is designed using sound engineering practice.
(d) Any new or modified driveways intersecting with a paved road shall have a cobblestone, Bbelgium Bblock, concrete, brick, or asphalt apron with a flared width of
Page 57 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
not less than 15 feet,. and a The apron shall extend across the entire width of the driveway and shall have a minimum depth of 10 feet behind the edge of pavement of no
less than 10 feet.
(e) Any areas disturbed in connection with the construction of the driveway shall be
stabilized to prevent erosion and sedimentation of the subject property, adjacent property, and of the intersecting street. Adjoining drainage structures shall be protected from sedimentation. Disturbed areas shall be loamed and seeded immediately following
construction, or temporary erosion control measures used outside of the growing season.
(f) Any driveway accesses onto a state highway are subject to the regulations and standards of the Massachusetts Highway Department.
(gf) The width of driveway accesses shall be measured at the limit of the traveled way within the street right-of-way. Residential driveway accesses shall be cleared free of
vegetation and obstruction to a minimum width of 12 feet and a height of 13 feet along a
driveway constructed to a minimum of 10 feet in width wide and a maximum of 15 feet in width wide, excluding corner rounding which may have maximum radius of two2 feet.
A residential driveway access not exceeding twenty20 feet in width (excluding corner rounding with a maximum radius of two feet) may be allowed subject to its conformance
with standards shown in Plate 2(g.1) and subject to conditions set forth in Subsection B(2)(h) below.
a. Commercial driveway width shall be a minimum of 12 feet and a maximum of
30 feet, excluding corner roundings which may have a maximum radius of 5 feet.
b. Residential driveway access shall be cleared free of vegetation and obstruction
to a minimum width of 12 feet and a minimum height of 13 feet. The travelled
surface of the driveway shall be a minimum of 10 feet in width and a maximum of 15 feet in width, excluding corner rounding which may have maximum radius of 2
feet. A residential driveway access not exceeding 20 feet in width (excluding corner rounding with a maximum radius of 2 feet) may be allowed subject to its
conformance with standards shown in Plate 2(g.1) and subject to conditions set forth in Subsection B(2)(g) below. In the R-5 district only, 2 such driveways may
be constructed on a single lot provided that the driveways are separated by at
least 5 feet of landscaping or walkway. Tandem parking extensions to any such driveway configuration may be allowed through the issuance of a special permit
by the Planning Board.
Page 58 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
c. In the R-5 and R-10 districts only, head-in residential driveways not exceeding 27 feet in width and not more than 20 feet in depth measured from the property
line, shall be permitted subject to the screening requirements above.
(hg) On-site turnarounds will be required for all lots within the LUG-1, LUG-2, LUG-3,
and MMD Zoning Districts, except for those lots in said districts that are within a cluster
or MRD subdivision, and lots with driveway access onto the following roadways:
Amelia Drive
Atlantic Avenue
Bartlett Road
Cliff Road
Consue Springs Street: a.k.a. Union Street: between Orange Street and Spring Street
Essex Road
Fairgrounds Road
Francis Street
Friendship Lane
Hooper Farm Road
Hummock Pond Road
Madaket Road
Main Street: between Quaker Road and New Lane
Page 59 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Main Street (Siasconset)
Miacomet Avenue: between Surfside Road and Otokomi Road
Miacomet Road: between Surfside Road and Otokomi Road
Milestone Road
Milk Street
New Lane
New Street, Siasconset
Nobadeer Farm Road
Old South Road
Orange Street: from (Consue Springs Street Union Street east)
Otokomi Road
Pleasant Street
Polpis Road
Prospect Street
Quaker Road
Raceway Drive
Sankaty Road
Somerset Lane
Somerset Road: between Friendship Lane and Vesper Lane
Sparks Avenue
Surfside Drive
Surfside Road
Union Street: between Francis Street and Consue Springs Street to
Orange Street
Vesper Lane
Page 60 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Washington Street
(ih) All secondary dwellings approved by the Planning Board shall have a combined
driveway access. However, the Planning Board may approve separate access for such dwellings on lots that are not expressly permitted two driveway accesses pursuant to
§ 139-20.1B(1), upon a finding made during the review of secondary dwelling applications in accordance with Section 3.06 of the Rules and Regulations Governing the Subdivision of Land that the separate access would not have a significant and
adverse effect on the scenic or historic integrity of the neighborhood, and that separate access is not contrary to sound traffic and safety considerations and combined access
is infeasible due to physical constraints or barriers on the property, including, but not limited to, topography or natural vegetation. Access to secondary dwellings shall be
clear of obstructions or vegetation to a width of 12 feet and a height of 13 feet along a driveway with a minimum improved width of 10 feet.
(3) Common driveways. No common driveway shall be created for shared access by two
2 or more lots, unless they shall comply with the requirements of this section.
(a) No common access shall be permitted unless aAn easement(s) or easements,
running with the land in perpetuity, and providing for maintenance, repair, and reconstruction of the driveway and any associated drainage by parties in interest, are
shall be executed by the owners, and recorded in the Registry of Deeds prior to the
issuance of any building permits. Evidence of such recording shall be submitted to the Building Commissioner or Building Inspector with any building permit application for any
of the lots subject to an easement or easements.
(b) Ownership and maintenance of a common driveway shall be assured through a
restrictive covenant, which binds current and future owners of each lot served by the common driveway, to the responsibility for maintenance, repair, and reconstruction of
the common driveway. The language contained in the covenant shall include provisions
for the maintenance, repair, and reconstruction of the common driveway and its drainage system, as appropriate; provision for the allocation of financial responsibility;
and a procedure for the resolution of disputes.The covenant shall be recorded in the Registry of Deeds, reference to which shall be incorporated in the deed for each lot
served by the common driveway.
(c) Nothing in this section will conflict with the powers of the Planning Board to require common access in connection with any subdivision approved in accordance with the
Board's "Rules and Regulations Governing the Subdivision of Land."
C. Waivers. The Planning Board may grant a waiver to any of the requirements of this
§ 139-20.1 through the granting of a special permit, provided that, in addition to finding that
the requirements of § 139-30 have been satisfied, the Board finds that the granting of the special permit would not have a significant and adverse effect on the scenic or historic
integrity of the neighborhood, and is not contrary to sound traffic and safety considerations.
Page 61 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 63 (Zoning Bylaw Amendment: Secondary Lots)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 8C, 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): C. Special permit to create secondary residential lots for year-round residents.
(2) As authorized by MGL c. 40A, § 9, Paragraph 2, the Planning Board as special permit
granting authority, in its discretion, pursuant to and subject to this § 139-8DC, may issue a special permit, with conditions, authorizing the division of the original lot into a primary lot and a
secondary lot, which special permit may include approval and endorsement of a plan not
requiring approval under the Subdivision Control Law as such plan is defined and described in MGL c. 41, § 81P, provided the following requirements and/or conditions shall apply to all
applications for relief hereunder and all special permits granted hereunder, as the case may be:
(e) Except for pre-existing nonconforming lots, in which case the Planning Board may issue a
special permit defining the lot areas, Tthe minimum area for the original lot, the primary lot and
the secondary lot shall be as follows:
Zoning
District
Minimum Original Lot Size (§ 139-
16A)
Minimum Secondary Lot
Size
Minimum Primary Lot
Size
LUG-1 40,000 15,000 25,000
LUG-2 80,000 25,000 55,000
LUG-3 120,000 35,000 85,000
R-40 40,000 15,000 25,000
R-10 10,000 4,000 6,000
R-20/SR-20 20,000 8,000 12,000
VR 20,000 8,000 12,000
R-1/SR-1 5,000 2,000 3,000
Page 62 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Zoning District
Minimum Original
Lot Size (§ 139-16A)
Minimum
Secondary Lot Size
Minimum
Primary Lot Size
ROH/SOH 5,000 2,000 3,000
RC 5,000 2,000 3,000
RC-2 5,000 2,000 3,000
LC 5,000 2,000 3,000
R-5 5,000 2,000 3,000
(f) The primary lot and the secondary lot shall comply with the ground cover, front setback,
side setback and rear setback requirements of the underlying zoning district, including any
provisions of this Chapter for pre-existing nonconforming lots, with the exception that the ground cover ratio solely for a secondary lot in the R-1 Zoning District shall be 36%. The
Planning Board may waive the setback requirements only as they apply to the lot line(s) between the primary and secondary lot.
(h) The primary lot and the secondary lot shall share a single driveway access. The Planning
Board must be provided with an instrument, in recordable form, evidencing the common
access rights to said access in accordance with this subsection. The Planning Board may grant a special permit to waive the requirement for shared driveway access based upon a
finding that separate driveway access would not have a significant and adverse effect on the scenic or historic integrity of the neighborhood and is not contrary to sound traffic or safety
considerations.
(3) This § 139-8DC shall not apply to major commercial developments (§ 139-11); flex
development and open space residential development options (§ 139-8A) cluster developments (§ 139-8A); major residential developments (§ 139-8B); and are not permitted in
the following zoning districts: Commercial Downtown (CDT); Moorlands Management (MMD); Special Academy Hill (AHD); Special Our Island Home (OIH); and Assisted/Independent Living
Community District (ALC)….
(5) Section 139-16D, Regularity formula, shall not apply to this § 139-8DC.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 63 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 64 (Zoning Bylaw Amendment: Pre-existing nonconforming uses, structures, and lots)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 33A, 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. Except as hereinafter provided, this chapter shall not apply to structures or uses lawfully in existence, or lawfully begun or to a building or special permit issued before the first publication
of notice of the public hearing on the chapter required by the State Zoning Act, MGL c. 40A, § 5, but shall apply:
This section shall apply to uses, structures, and lots that were either in existence prior to the adoption of the Zoning Bylaw or lawfully allowed or permitted at some point in time after the
adoption of the Zoning Bylaw and no longer meet minimum zoning requirements or is now prohibited. Further, a use of land and/or lots and construction of structures shall be exempt
from this chapter provided that a building or special permit was issued before the first
publication of notice of the public hearing to change zoning as it may apply, pursuant to MGL c. 40A, § 5, as may be amended from time to time.
(1) To any change or substantial extension of such use;
(2) To a building or special permit issued after the first notice of said public hearing and to
reconstruction, extension or structural change of such structure; and
(3) To any alteration of a structure begun after the first notice of said public hearing to provide
for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.
(a) Except where the Zoning Administrator or the permit granting authority determines that the alteration, reconstruction, extension or structural change to a structure does not
increase its nonconforming nature.
(41) Preexisting, nonconforming structures or uses may be extended, or altered, or changed,
provided that:
(a) No such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by Tthe special permit granting authority designated by this chapter
finds that such change, extension or alteration extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure and/or use to the
neighborhood; or
(b) A special permit supported by such finding is granted. The Zoning Administrator or
the special permit granting authority finds that the alteration, extension, or change to a
Page 64 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
structure does not increase its nonconforming nature and does not create any new nonconformities; or
(c) A Zoning Enforcement Officer determines through a review of the building permit
application that the extension, alteration, or change to the nonconforming structure is compliant with all dimensional requirements of this chapter.
(5) Where an existing structure violates a front, rear or side line setback distance, the Board of Appeals may issue a special permit permitting the extension of the structure, provided that the
nonconforming distance is not made more nonconforming and the Board of Appeals finds that the extension will not be substantially more detrimental to the neighborhood.
(62) Any otherwise-permitted alteration, reconstruction, extension or structural change of a
single- or two-family residential building on a lot nonconforming as to lot area, or of another
building for accessory use on the same lot, shall be governed by the maximum ground cover limitations set forth in § 139-33E(2) below.
(7) This § 139-33A shall not apply to billboards, signs and other advertising devices subject to
the provision of MGL c. 93, § § 29 through 33, to c. 93D.
(83) Preexisting, nonconforming lots may be increased in area or frontage through the addition
of adjoining property without the need for any relief under this bylaw. Any other alteration to a preexisting, nonconforming lot that does not increase an existing or create a new
nonconformity is allowed upon determination by the Zoning Administrator that such alteration will not be substantially more detrimental to the neighborhood. New lots created pursuant to
MGL c. 41, § 81P, based upon the exception in the clause of MGL c. 41, § 81L for lots
containing two or more structures that predate the adoption of subdivision control in the Town, shall have the same status as preexisting, nonconforming lots, and any structures thereon,
which predate the adoption of subdivision control in the Town, shall have the status of preexisting nonconforming structures.
(94) If the preexisting nonconforming structure(s) upon any lot exceed the permitted ground cover ratio, the special permit granting authority may grant a special permit to authorize the
rRemoval and reconstruction of any or all of the preexisting nonconforming structure(s), or any portion(s) thereof, with ground cover in excess of the permitted ground cover ratio upon a lot,
shall be allowed by special permit provided that:
(a) Such special permit shall have been issued prior to the removal of the preexisting
nonconforming structure(s), or any portion(s) thereof;
(b) Complete or partial removal and reconstruction of a structure(s) shall not result in an increase in the total ground cover ratio for the lot of that structure nor of any other structure;
and two or more structures that are reconstructed shall remain separate from each other;
(c) All reconstructed structure(s), or portion(s) thereof, shall conform to all applicable
front, rear and side yard setback requirements; unless relief therefrom is granted under separate provisions of this chapter; and
Page 65 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(d) The special permit granting authority shall have made the finding that the result of
the proposed removal and reconstruction shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure and/or use.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 65 (Zoning Bylaw Amendment: Pre-existing nonconforming uses, structures, and lots)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 33E, 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):
Any increase in area, frontage, width, yard or depth requirements shall not prohibit an
unimproved lot, which at the time of recording or endorsement of such lot, whichever occurred sooner, was not held in common ownership with any adjoining land and conformed to then-
existing Zoning Bylaw requirements, from being built upon for a conforming use or for single- and two-family residential purposes, provided that: as provided by MGL c. 40A, § 6, as may be
amended from time to time.
(1) In addition to the provisions of MGL c. 40A, § 6, as may be amended from time to time, any
increase in area, frontage, width, yard or depth requirements shall not prohibit an unimproved lot from being built upon for single- and two-family residential purposes, provided that:
(a) Either at the time of recording or endorsement of such lot, whichever
occurred sooner, such lot was not held in common ownership with any adjoining
land and conformed to then-existing Zoning Bylaw requirements; or
(b) Aat the time of such amendment, the lot had the benefit of a zoning protection period pursuant to MGL c. 40A, § 6 (5th par.), and was conveyed into separate
ownership from adjoining land prior to the end of such zoning protection, and remained in separate ownership and control at all times since the expiration of
such protection.,and now has less than the present requirements of area or
frontage and has a frontage of not less than 20 feet or the benefit of an appurtenant easement providing a means of access for vehicles and utilities to
and from a public street, which access, in the opinion of the Planning Board, has sufficient width, suitable grades, and adequate construction to provide for the
needs of vehicular traffic in relation to the proposed construction and for the
installation of municipal services to serve the land in question and the buildings erected and to be erected thereon.
Page 66 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(21) For a lot within the provisions of this § 139-33E, the maximum ground cover upon such lot shall be:
(a) In the case of a lot containing less than 5,000 square feet, 30% of the area of the lot; provided, however, that the special permit granting authority may grant
a special permit to allow ground cover not to exceed the permitted ground cover ratio in the zoning district where such lot is situated. Said special permit
shall require a finding that such increase in permitted ground cover shall not
be substantially more detrimental to the neighborhood than the existing nonconformity; or the amount determined in accordance with the maximum
ground cover ratio requirement for the zoning district in which the lot is situated, whichever is greater; or
(b) In the case of a lot containing at least 5,000 square feet, the greater of 1,500 square feet of ground cover or the amount determined in accordance
with the maximum ground cover ratio requirement for the zoning district in which the lot is situated, in effect at the time construction on the lot is begun,
whichever is greater; and
(3) For a lot within the provisions of this § 139-33E, the side yard and rear yard setbacks shall
be as required by § 139-16A above dimensional requirements of § 139-16A shall apply, except as for the followsing:
(a) In the zoning district LUG-2 and LUG-3 zoning districts, such the side and rear yard setbacks shall be 10 feet; and
(b) In the zoning district MMD zoning district, such the side and rear yard setbacks shall be
25 feet; but and (c) Where an existing structure violates a front, rear, or side yard setback distance the
special permit granting authority may issue a special permit to allow an extension, alteration, or change to the structure, provided that the nonconforming setback distance
is not made more nonconforming and based upon a finding that the extension will not be substantially more detrimental to the neighborhood than the existing nonconformity.
(d) Where an existing structure violates a front, rear, or side yard setback distance the Zoning Administrator may issue a permit allowing an extension, alteration, or change to
the structure provided that the nonconforming setback distance is not made more nonconforming and no new nonconformities are created.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
Page 67 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 66 (Zoning Bylaw Amendment: Definitions/Apartment)
To see if the Town will vote to: Amend the definition of apartment in the Town of Nantucket Zoning Bylaw 139-2(A) by replacing the words "on the second or third floor or in the
basement of" with the word "within". This would allow first floor apartments.
(Christopher L. Maury, et al)
ARTICLE 67
(Zoning Bylaw Amendment: Use Chart) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, section 7A, as follows (NOTE: new language is shown as italic 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 inserting in the “Use” column between “Apartment” and “Garage Apartment” a new
use “Apartment Building” to be allowed by Special Permit (SP) in the CN and VN
districts only; 2. By inserting in the “Use”column between “Food processing” and “Interior or exterior
storage or warehousing” a new use “Shed – Commercial” to be allowed as an Accessory (A) use in the CDT, CMI, CN, CTEC, CI, VN, and VTEC districts only;
3. By deleting the “LC” column in the Town Commercial Districts; 4. In the CN district only, modify the prohibited uses “Lumberyard,” “Bicycle rental or sale,”
and “Elder housing facilities” to be allowed uses by Special Permit (SP);
5. In the “Use” column, change “Medical Marijuana Treatment Center” to “Registered marijuana dispensary”.
Or to take any other action related thereto.
(Board of Selectmen for Planning Board)
ARTICLE 68 (Zoning Bylaw Amendment: Miscellaneous Technical Amendments)
To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of
Nantucket, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part
of the final text and, further, that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town
of Nantucket):
1. To amend section 2, definitions, as follows:
APARTMENT BUILDING
A structure containing a maximum of six (6) dwelling units and eight (8) bedrooms on a single lot with no commercial or other uses shall be allowed in the following districts:
Page 68 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
CN/VN
— one dwelling unit is permitted for each 2,500 square feet of lot area.
The Planning Board shall be the special permit granting authority.
GROUND COVER
The horizontal area of a lot covered at grade by structures, together with those portions of any overhangs which contain enclosed interior space; excluding tents,
retaining walls, decks and unenclosed porches not over or under an enclosed above grade interior space, gazebos, platforms and steps, game playing courts at grade,
uncovered in-ground residential swimming pools, chimneys, bulkheads including the associated stairways or other substantially below grade features, bay windows,
unenclosed breezeways, air conditioning units, fuel tanks, bow windows, roof eaves,
and trash bins. Also excludes not more than one accessory detached shed covering an area not to exceed more than 121 square feet at grade, together with those
portions of any overhangs which contain enclosed interior space.
JUNK YARD
A structure or lot used in connection with a business for collection, storage, or sale of waste or scrap materials.
MEDICAL MARIJUANA TREATMENT CENTER REGISTERED MARIJUANA
DISPENSARY 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 registered marijuana dispensary.
2. To amend section 4(C) as follows:
C. The Public Wellhead Recharge District is located and bounded as shown on the following maps incorporated by reference herein: for Siasconset, a map entitled
"Public Wellhead Recharge District: Siasconset," prepared by Horsely, Witten &
Heggemann, Inc. dated October, 1990; for the Town, a map entitled "Public Wellhead Recharge District: Town," prepared by Haley & Ward, December, 1994 September
2011. The districts shown on said maps 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 and the Building Inspector upon adoption.
3. To amend section 24B as follows:
Page 69 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
B. Release of covenants.
(1) Covenants executed by persons to obtain a building permit for a dwelling as their
Nantucket domicile during the five-year building "cap," or subject to rate of development provisions, formerly 139-24A, both introduced to the Zoning Bylaw by
1981 ATM Articles 13 and 14 and during the building “cap” introduced to the Zoning
Bylaw by 1997 ATM Article 39, as amended, and all now expired, shall be released at any time upon application to the Zoning Enforcement Officer by the current owner of
the lot on which the dwelling was or was to be built.
(2) Covenants executed pursuant to § 139-24A above shall likewise be released after they have expired pursuant to their terms, and also upon application by the current
owner of the lot upon proof that construction of a dwelling pursuant to the covenant
has not been commenced and that no still-valid building permit has been issued for such dwelling.
(32) The Zoning Enforcement Officer, to make of record the release of a covenant
pursuant to this § 139-248, shall execute, acknowledge and deliver to such owner a
statement of termination of such covenant in form suitable for recording or registration. Upon the recording or registration of such statement, that covenant shall
be of no further force or effect and shall cease to burden such lot.
4. To amend section 30A as follows:
A. The special permit granting authority shall be the Board of Appeals for all special
permits, except those special permits for which the Planning Board is specifically designated by any provision of this chapter. In instances where any portion of a
project involves a special permit application to the Planning Board for apartment,
apartment building, elder housing facility, neighborhood employee housing, and registered marijuana dispensary all pursuant to § 139-2 and § 139-7, residential
development options pursuant to § 139-8 a major residential development pursuant to § 139-8B, cluster development pursuant to § 139-8A, for certain uses in the Wellhead
Recharge District pursuant to § 139-12B, and for multifamily dwellings pursuant to
§ 139-12J and for uses within the OSCOD pursuant to § 139-12L, the Planning Board shall serve as the special permit granting authority for all other special permits
required in connection with such project.
Or to take any other action related thereto,
(Board of Selectmen for Planning Board)
Page 70 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 69 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer
District Map Changes for Parcels Not Subject to Zoning Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners),
section 3A (Town Sewer District) of the Code of the Town of Nantucket by taking the following actions:
1. By adding the following parcels to the Town Sewer District:
MAP LOT NUMBER STREET
68 200 8 Lovers Lane
68 199 10 Lovers Lane
68 196 12 Lovers Lane
68 195 14 Lovers Lane
68 192 16 Lovers Lane
68 191 18 Lovers Lane
68 149 20 Lovers Lane
68 148 22 Lovers Lane
68 147 24 Lovers Lane
68 146 26 Lovers Lane
68 145 28 Lovers Lane
68 144 30 Lovers Lane
68 143 32 Lovers Lane
68 66 34 Lovers Lane
68 187 15 Greglen Avenue
68 186 17 Greglen Avenue
68 185 19 Greglen Avenue
68 142 21 Greglen Avenue
68 65 4 Davkim Lane
68 259 24 Woodland Drive
68 260 26 Woodland Drive
68 261 23 Woodland Drive
68 262 21 Woodland Drive
68 263 19 Woodland Drive
79 207 22 Woodland Drive
79 206 20 Woodland Drive
79 205 18 Woodland Drive
79 204 16 Woodland Drive
79 203 14 Woodland Drive
79 202 12 Woodland Drive
79 201 10 Woodland Drive
79 200 8 Woodland Drive
Page 71 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
41 805 (a portion
of) 105 West Chester Street
54 261 3 Brewster Road
54 287 5 Brewster Road
54 224 11 Brewster Road
54 286 4 Sasachumet Lane
54 285 2 Sasachumet Lane
54 158 10 Berkeley Avenue
54 150 6 Berkeley Avenue
54 215 4 Berkeley Avenue
55 470 11 Tashama Lane
55 469 13 Tashama Lane
55 468 15 Tashama Lane
55 467 17 Tashama Lane
55 466 19 Tashama Lane
55 465 21 Tashama Lane
55 464 23 Tashama Lane
55 463 25 Tashama Lane
55 462 27 Tashama Lane
55 461 29 Tashama Lane
55 460 31 Tashama Lane
55 459 33 Tashama Lane
55 458 35 Tashama Lane
55 457 37 Tashama Lane
55 478 10 Tashama Lane
55 479 12 Tashama Lane
55 480 14 Tashama Lane
55 481 16 Tashama Lane
55 482 18 Tashama Lane
55 450 20 Tashama Lane
55 451 22 Tashama Lane
55 452 24 Tashama Lane
55 453 26 Tashama Lane
55 454 28 Tashama Lane
55 455 30 Tashama Lane
55 456 32 Tashama Lane
55 447 16 Maclean Lane
55 448 18 Maclean Lane
55 449 20 Maclean Lane
55 486 7 Maclean Lane
55 485 9 Maclean Lane
Page 72 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
55 484 11 Maclean Lane
55 483 13 Maclean Lane
56 44 51 Cato Lane
56 186 49 Dukes Road
56 243 22 Hawthorne Lane
56 459 3R Burnt Swamp Lane
56 204 14 Winn Street
56 205 16 Winn Street
2. By removing the following parcels from the Town Sewer District:
MAP LOT NUMBER STREET
68 18.1 50 Old South Road
68 249 123 Old South Road
68 826 Miller Lane
68 827 Miller Lane
68 828 Miller Lane
55 276 Washington Street
55 415 (a portion of) Washington Street
55 404.1 (a portion
of) 84 Union Street
55 404.2 (a portion
of) 84R Union Street
55 404 86 Union Street
55 398 90 Union Street
55 58 16 East Creek Road
80 1.1 15 South Shore Road
66 126 80 Miacomet Avenue
66 63 81 Miacomet Avenue
67 346 9 Miacomet Avenue
67 890 13 Miacomet Avenue
67 679 9 Miacomet Avenue
67 891 11 Miacomet Avenue
67 892 7 Miacomet Avenue
67 680 5 Miacomet Avenue
67 681 3 Miacomet Avenue
67 385 1 Miacomet Avenue
67 229 69R Surfside Road
67 387 64 Surfside Road
67 121 42R Surfside Road
67 481 5 Backus Lane
Page 73 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
67 483 R Backus Lane
67 394 6 Pilot Whale Drive
67 395 8 Pilot Whale Drive
67 396 10 Pilot Whale Drive
67 397 12 Pilot Whale Drive
67 398 14 Pilot Whale Drive
67 400 9 Pilot Whale Drive
67 401 7 Pilot Whale Drive
67 402 5 Pilot Whale Drive
67 403 3 Pilot Whale Drive
55 320 9 Vesper Lane
55 2 Mill Hill Cemetery
55 1 29 Vesper Lane
55 319 N. Mill Street
55 312 47 Prospect Street
55.4.4 57 39 Prospect Street
55.4.4 81 37 Prospect Street
42.1.4 21 39 Easton Street
29 28 39 Easton Street
41 181 Friends Burying
Ground
41 274 27 New Lane
41 275.1 25 New Lane
41 275.2 10 Grove Lane
41 392 26 New Lane
41 393 17 Grove Lane
41 376 21 Grove Lane
Or to take any other action related thereto.
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 69 Town Sewer
District Map Changes for Parcels Not Subject to Zoning Map Changes” dated January 2014 and filed herewith at the Office of the Town Clerk.
(Board of Selectmen)
ARTICLE 70
(Bylaw Amendment: Board of Sewer Commissioners/Town Sewer
District Map Changes for Parcels Subject to 2014 ATM Zoning Map Changes) To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners) of
the Code of the Town of Nantucket as follows:
1. By amending the map entitled “Nantucket Sewer Districts Town and Siasconset” and
referenced in section 3A (Town Sewer District) by adding the following parcels:
Page 74 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
MAP LOT NUMBER STREET
68 204 4 Nancy Ann Lane
68 205 6 Nancy Ann Lane
68 206 8 Nancy Ann Lane
68 207 10 Nancy Ann Lane
68 176 12 Nancy Ann Lane
68 130 14 Nancy Ann Lane
68 132 3 Nancy Ann Lane
68 133 5 Nancy Ann Lane
68 134 7 Nancy Ann Lane
68 135 9 Nancy Ann Lane
68 136 11 Nancy Ann Lane
68 137 13 Nancy Ann Lane
68 138 15 Nancy Ann Lane
68 139 17 Nancy Ann Lane
68 140 19 Nancy Ann Lane
68 198 1 Greglen Avenue
68 197 3 Greglen Avenue
68 194 5 Greglen Avenue
68 193 7 Greglen Avenue
68 190 9 Greglen Avenue
68 189 11 Greglen Avenue
68 188 13 Greglen Avenue
68 131 2 Greglen Avenue
68 177 4 Greglen Avenue
68 178 6 Greglen Avenue
68 179 8 Greglen Avenue
68 180 10 Greglen Avenue
68 181 12 Greglen Avenue
68 182 14 Greglen Avenue
68 183 16 Greglen Avenue
68 184 18 Greglen Avenue
68 141 20 Greglen Avenue
68 64 6 Davkim Lane
68 63 8 Davkim Lane
68 62 10 Davkim Lane
68 61 12 Davkim Lane
68 60 14 Davkim Lane
68 59 16 Davkim Lane
68 58 18 Davkim Lane
Page 75 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
68 57 20 Davkim Lane
68 56.1 Davkim Lane
68 85 (a portion
of) 64 Old South Road
56 180 27 Hawthorne Lane
56 181 25 Hawthorne Lane
56 182 23 Hawthorne Lane
56 242 24 Hawthorne Lane
56 183 61 Dukes Road
2. By amending the map entitled “Nantucket Sewer Districts Town and Siasconset” and referenced in section 3B (Siasconset Sewer District) by adding the following parcels:
Map Lot Number Street
49 4 103 Sankaty Road
49 94 97 Sankaty Road
49 95 101 Sankaty Road
48 23 (a portion of) 92 Baxter Road
48 46 107 Sankaty Road
48 47.1 111 Sankaty Road
48 26 115 Sankaty Road
48 27 117 Sankaty Road
48 38.1 (a portion of) 108 Baxter Road
Or to take any other action related thereto.
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 70 Bylaw Amendment: Board of Sewer Commissioners/ Nantucket Sewer Districts Town and
Siasconset Map Changes for Parcels Subject to 2014 ATM Zoning Map Changes” dated January 2014 and filed herewith at the Office of the Town Clerk.
(Board of Selectmen)
ARTICLE 71 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer
District Map Changes – South Pasture Lane Area) To see if the Town of Nantucket will vote to amend Chapter 41 (Board of Sewer
Commissioners), Section 41-3a (Town Sewer District) of the Code of the Town of Nantucket by
adding the following parcels to the Town Sewer District:
MAP PARCEL STREET ADDRESS
80 297.3 4 SOUTH PASTURE LANE
80 297.4 6 SOUTH PASTURE LANE
80 429 6 ½ SOUTH PASTURE LANE
80 297.5 8 SOUTH PASTURE LANE
Page 76 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
80 297.6 10 SOUTH PASTURE LANE
80 297.7 12 SOUTH PASTURE LANE
80 430 14 SOUTH PASTURE LANE
80 297.8 SOUTH SHORE ROAD (1-FOOT STRIP)
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article _____ Town Sewer
District Expansion” dated November 21, 2013 and filed herewith at the office of the Town Clerk.
(Linda F. Williams, et al)
ARTICLE 72 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer
District Map Changes – Tashama Lane)
To see if the Town will vote to amend Chapter 41 (Board of Sewer Commissioners), Section 41-3A (Town Sewer District) of the Code of the Town of Nantucket by adding 11, 13,
15, 17 and 19 Tashama Lane (Map 55, Parcels 470, 469, 468, 467, and 466, respectively) to the Town Sewer District.
(John B. Brescher, et al)
ARTICLE 73 (Bylaw Amendment: Board of Sewer Commissioners/Town Sewer
District Map Changes – Brewster Road) To see if the Town will vote to: amend the Town Sewer District, as established under
Nantucket Code, Chapter 41, Section 3.A, by adding to it the following parcel, which is situated
in the Harbor Watershed Protection Zone and the Wellhead Protection District: Map 54 Parcel 261 at #3 Brewster Road
(Susan Bennett Witte, et al)
ARTICLE 74
(Bylaw Amendment: Parking)
To see if the Town will vote to repeal Chapter 103 (Parking) of the Code of the Town of Nantucket, in its entirety.
Or to take any other action related thereto.
(Board of Selectmen) NOTE: there are existing Parking Regulations that may be amended from time to time through
an established public hearing process that will allow the Board of Selectmen to implement parking changes, rather than amend a bylaw each time changes are deemed appropriate.
ARTICLE 75 (Bylaw Amendment: Parking)
To see if the Town will vote to amend Chapter 103 (Parking) of the Code of the Town of Nantucket as follows (NOTE: new language is shown in highlighted text, language to be
deleted is shown by strikeout; these methods to denote changes are not meant to become part
Page 77 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
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):
Chapter 103. PARKING
Article II. Resident Parking
§ 103-4. Amendments to map.
A. Authority. The Board of Selectmen is hereby given the authority to amend the Parking
District Map by its own initiative or after having been presented with a petition including 51% of the owners of property located on the street or streets seeking to be added to or deleted from a
parking district.
B. Public hearing. In order to adopt such an amendment to the map, the Board of Selectmen
shall hold a public hearing pursuant to Chapter 2 (Administrative Procedures) of the Town Code. after having published a notice of the hearing in a newspaper of general circulation in
the Town at least seven days in advance of the hearing and after having notified, by certified mail, all record owners of property abutting the street or streets affected by the proposed
amendment advising said abutters as to the time, date, place and subject of the public hearing.
C. Required findings. In order to adopt an amendment to the Parking District Map, the Board of
Selectmen shall first determine that the adoption of the amendment will further the purposes of § 103-2. make the following findings as part of its decision:
(1) That the street is directly connected to a street which is already part of a district.
(2) That, in the case of additions to the Resident Parking Permit District, the street in question is used regularly for parking by significant numbers of persons who do not live in the immediate
neighborhood, which causes a parking hardship for those living on the street during the
summer.
(3) That the adoption of the amendment will further the purposes of the article outlined in § 103-2.
D. Notice to residents affected. In amendments involving changes to the Resident Parking Permit District, at least 15 days prior to becoming effective, notice shall be sent to each owner
of property abutting the street or streets so affected, stating that the occupants of that household are required to obtain a permit for each vehicle parking in excess of the posted time
limit in the designated district and notifying the resident of the date that parking restrictions will become effective.
§ 103-5. Parking restrictions.
A. Resident Parking Permit District. There is hereby established a two-hour parking restriction between the hours of 7:00 a.m. and 6:00 p.m. during the period between June 1 and
September 30 of each year in the Resident Parking Permit District. Following a public hearing pursuant to Chapter 2 (Administrative Procedures) of the Town Code, the Board of Selectmen
Page 78 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
may act to amend the hours and/or dates during which parking is restricted within the Resident Parking Permit District. Following the adoption of this article, the Selectmen shall cause
parking signs to be posted in the district indicating this restriction. This restriction shall not apply to vehicles properly displaying valid resident parking permits.
B. Core District. Parking restrictions in the Core District shall be from 15 minutes to one hour,
at the discretion of the Board of Selectmen, which shall cause parking signs to be posted in the
district indicating these restrictions. These restrictions shall apply to all vehicles, including those with valid parking stickers.
§ 103-6. Parking permits.
A. Qualifications for issuance. Resident parking permits shall be issued upon payment of the applicable fee which shall be determined by the Board of Selectmen to owners of vehicles who
own or rent dwellings which front on streets included in the Resident Parking Permit District or
Core District, provided that a fee of $10 for applications submitted between October 1 and May 31 or $50 for applications submitted between June 1 and September 30 has been paid to the
Town; the applicant completes an application and shows satisfactory proof that he lives on a street in one of the districts during the period between June 1 and September 30 of the year
for which he is seeking a permit by using a tax bill, executed lease or other acceptable
documentation as proof; and a valid registration card for the vehicle to be permitted is shown. Following a public hearing pursuant to Chapter 2 (Administrative Procedures) of the Town
Code, the Board of Selectmen may enact Regulations implementing additional requirements and restrictions for issuance of parking permits pursuant to this Section, provided that such
additional restrictions and requirements are limited to the following: (1) a limitation on the number of parking permits that may be issued to each residence; (2) restrictions on the
issuance of parking permits for those residents that have off-street parking available; and (3)
such other modifications to the parking permit program that are within the scope and intent of this Section;
B. Proper display of permits. Resident parking permits shall be in the form of an adhesive
sticker, inscribed with the license plate number of the subject vehicle, and shall be affixed to
the left rear bumper of the vehicle so as to be easily seen by a patrolman parking enforcement officers.
C. Validity. A resident parking permit shall be valid only for the vehicle it was originally issued
for. Permits are not transferable from one vehicle to another under any circumstances.
Resident parking permits shall be valid for one summer season only. New permits must be secured in the same manner as specified above each season. Permits not properly displayed
shall be considered invalid.
§ 103-7. Temporary permits.
A. Temporary permits for licensed guesthouses and hotels. Licensed guesthouses and hotels
located in the Core District or Resident Parking Permit District shall be issued, upon application by the owner or his agent and the payment of a fee of $50 per permit, a fixed number of
reusable, transferable parking permit placards. Permit placards shall be issued at the rate of one placard for each three guest rooms, less the number of off-street parking spaces normally
Page 79 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
available to guests which are owned or leased by the establishment. Each placard shall be numbered and shall bear the name of the establishment. Placards shall be displayed on the
dashboard of the guest vehicle above the speedometer while it is parked in the Resident Parking Permit District. Permit placards issued to the guesthouses and hotels shall only be
considered valid when properly displayed in a vehicle owned or rented by a legitimate guest of the establishment and shall not be deemed valid when improperly displayed or displayed in
vehicles of employees or others not temporarily residing in the guesthouse or hotel.
Replacement of lost or stolen guesthouse or hotel placards shall be granted upon payment of a replacement fee of $10 per placard and upon the reporting of the number of the placard so lost
or stolen.
B. The Town may issue temporary parking permits for activities of limited duration as approved by the Chief of Police.
(Board of Selectmen)
ARTICLE 76 (Bylaw Amendment: Removal of Animal Litter)
To see if the Town will vote to amend Chapter 127 (STREETS AND SIDEWALKS),
Article V, s. 9 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):
Chapter 127: STREETS AND SIDEWALKS Article V: Removal of Animal Litter
§ 127-9 Areas encompassed by regulation
A.
Town of Nantucket: southerly from the Atlantic Ocean to the juncture of Sherburne Turnpike
and Cliff Road; westerly along Cliff Road to Pilgrim Road; southerly along Pilgrim Road to the juncture of New Lane; southerly along New Lane to Winn Street and continuing southerly along
Winn Street across Prospect Hill Cemetery to the juncture of Hummock Pond Road and Vesper
Lane; easterly along Vesper Lane to Atlantic Avenue; northerly along Atlantic Avenue to Sparks Avenue; continuing easterly on Williams Lane to the juncture of Pleasant Street;
continuing northeasterly on Bear Street to Orange Street; then northwesterly to Goose Pond Lane to the junction of the Washington Street right-of-way as defined by the R-C/LUG-1 zoning
line; continuing along the R-C/LUG-1 zoning line to Nantucket Harbor as shown on the Town and County of Nantucket Zoning Map of 1987.
B.
Town of Siasconset: Residential-1 and Residential Old Historic Districts as defined by the
Official Zoning Map of the Town and County of Nantucket of 1989.
The Island of Nantucket, and the Town & County of Nantucket, Massachusetts
(Charles A. Dragon, et al)
Page 80 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 77 (Request for Town Meeting Warrant Articles to be
Presented in “Common Conversational English”) To see if the Town will vote to: All articles in the town meeting warrant must be
presented in common conversational English language. This presentation can either be in place of, or in additional to, the “legalese” language which is presently used. “Common
conversational English” would be defined as language that adult Nantucket tax-paying and
voting citizens without legal background can understand and discuss meaningfully.
(Andrew Schwartz, et al)
ARTICLE 78 (Bicycle Path Advisory Committee)
To see if the Town will vote to instruct the BOS to form a Bicycle Path Advisory
Committee that will examine all rights of way, public and private, on existing bike paths, and recommend any course of action or regulations necessary to promote the safety and welfare of
bicyclists and others who use the island's bike paths.
(Ian Golding, et al)
ARTICLE 79
(Nantucket Affordable Housing Trust Fund) To see if the Town will vote to amend the existing Nantucket Affordable Housing Trust
language originally established by Article 72 at the 2009 ATM. The amendment language is attached hereto.
Pursuant to a vote at the Nantucket 2009 Annual Town Meeting and pursuant to the provisions of M.G.L. c. 44 Section 55C adopted at the Nantucket 2009 Annual Town Meeting, the Town of
Nantucket hereby establishes the Town of Nantucket Affordable Housing Trust Fund in the manner and under the terms and conditions set forth herein.
1. Name of the Trust. The Trust shall be called the “Town of Nantucket Affordable Housing Trust Fund”, herein
referred to as the Trust.
2. Purpose.
The purpose of the Trust is to provide for the creation and preservation of affordable housing in the Town of Nantucket for the benefit of year-round low and moderate income households who
would otherwise have difficulty, financial or otherwise, locating housing on Nantucket.
3. Tenure of Trustees. (NEW LANGUAGE TO FOLLOW IS HIGHLIGHTED, ITALIZISED AND UNDERLINED AND
OLD LANGUAGE HAS THE STRIKE OUT).
There shall be a Board of Trustees consisting of nine (9) Trustees who shall be appointed by the Board of Selectmen. Five of the Trustees shall be members of the Board of Selectmen.
Only persons who are residents of the Town of Nantucket shall be eligible to hold the office of Trustee. There shall be seven (7) members appointed by the Board of Selectmen. The
Page 81 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
membership shall be as follows: one (1) member of the Board of Selectmen, the Chairman of Nantucket Housing Authority (NHA) or another member of the NHA designated by its
Chairman, one (1) member of the Nantucket Planning & Economic Development Commission, one (1) licensed real estate agent or broker and three (3) members at large.
The Board of
Selectmen shall serve for their specific term of office. All other Trustees shall serve for a term of two years, except that one of the initial trustee appointments shall be for a term of one year.
Trustees may be reappointed by the Board of Selectmen for succeeding terms, and there is not
a limit on the number of terms which a Trustee can serve. Any Trustee may resign by written instrument signed and acknowledged by such Trust and duly filed with the Town Clerk. If a
Trustee shall die, resign, or for any other reason cease to fulfill the duties of a Trustee hereunder before his/her term of office expires, a successor shall be appointed by the Board of
Selectmen to fill the remainder of the term of such vacancy provided that said appointment and acceptance in writing by the newly appointed Trustee is filed with the Town Clerk. Upon the appointment of any Trustee and the filing of such appointment with the Town Clerk, the title to
the Trust estate shall thereupon and without the necessity of any conveyance be vested in such succeeding Trustee jointly with the remaining Trustees. Reference to the Trustee shall
mean the Trustee or Trustees for the time being hereunder. Trustees may be removed at any time for cause by a majority vote of the Board of Selectmen following a properly noticed public
hearing. Cause shall include, but not be limited to, violation of any local, state or federal law;
non-participation in business of the Trust, incapacity to perform the duties of a Trustee, acts of the Trustee, that in the opinion of the Board of Selectmen, are grossly negligent or detrimental
to the Town of Nantucket or the Trust.
4. Meetings of the Trust. The Trust shall meet at least quarterly at such time and at such place as the Trustees shall
determine. Notice of all meetings of the Trust shall be given in accordance with the provisions
of the Open Meeting Law M.G.L. Chapter 39, Sections 23A, 32B and 23C. A quorum at any meeting shall be a majority of the nine Trustees, which majority is qualified and present in
person. Minutes of all meetings shall be recorded and filed with the Town Clerk in accordance with the provisions of the Open Meeting Law, M.G.L. Chapter 39, Sections 23A, 23B and 23C.
5. Powers of Trustees. The Powers of the Trust, shall be the following, except that: (a) any purchase, sale, lease,
exchange, transfer or conveyance of any interest in real property is subject to a two-thirds (2/3rds) vote of the Trustees; (b) the Trustees may incur debt, borrow money, grant mortgages
and pledge Trust assets only in an amount not to exceed eighty percent (80%) of the total
value of the Trust’s assets; and (c) any debt incurred by the Trust shall not constitute a pledge of the full faith and credit of the Town of Nantucket and all documents related to any debt shall
contain a statement that the holder of any such debt shall have no recourse against the Town of Nantucket with an acknowledgement of said statement by the holder: (1) to accept and
receive property, whether real, or personal, by gift, grant, devise, or transfer from any person, firm, corporation or other public or private entity, including without limitation grants of funds or
other property tendered to the Trust in connection with provisions of any zoning ordinance or
bylaw or any other ordinance or bylaw; (2) to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; (3) to
sell, lease, exchange, transfer or convey any personal, mixed or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise and to
Page 82 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
make such contracts and enter into such undertakings relative to trust property as the Trust deems advisable notwithstanding the length of any such lease or contract; (4) to execute,
acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary,
proper or incident to any transaction in which the Board of Trustees engages for the accomplishment of the purposes of the Trust; (5) to employ advisors and agents, such as
accountants, appraisers and lawyers as the Trustees deem necessary; (6) to pay reasonable
compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the Trustees deem advisable; (7) to apportion receipts and
charges between incomes and principal as the Trustees deem advisable, to amortize premiums and establish sinking funds for such purposes and to create reserves for
depreciation, depletion or otherwise; (8) to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power
of substitution to vote any securities or certificates of interest and to consent to any contract,
lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person; (9) to deposit any security with any protective reorganization committee
and to delegate to such committee such powers and authority with relation thereto as the Trustees may deem proper and to pay out of Trust property, such portion of expenses and
compensation of such committee as the Trust may deem necessary and appropriate; (10) to
carry property for accounting purposes other than acquisition date values; (11) to borrow money on such terms and conditions and from such sources as the Trust deems advisable, to
mortgage and pledge Trust assets as collateral; (12) to make distributions or divisions of principal in kind; (13) to comprise, attribute, defend, enforce, release, settle otherwise adjust
claims in favor or against the Trust, including claims for taxes and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation and subject to the
provision of the Act, to continue to hold the same for such period of time as the Trust may
deem appropriate; (14) to manage or improve real property and to abandon any property which the Trustees determine not to be worth retaining; (15) to hold all or part of the Trust property
un-invested for such purposes and for such time as the Trustees may deem appropriate; and, (16) to extend the time for payment of any obligation to the Trust.
6. Funds Paid to the Trust. Notwithstanding any general or special law to the contrary, all monies paid to the Trust in
accordance with any Town of Nantucket zoning by-law, exaction fee, or private contribution shall be paid directly into the Trust and need to be appropriated or accepted and approved into
the Trust. Funds appropriated by the Town of Nantucket Town Meeting for payment into the
Trust become Trust property and these funds need not be further appropriated to be expended. All monies remaining in the Trust at the end of any fiscal year, whether or not expended by the
Trust, remain Trust property. The Trust shall comply with any lawful conditions stipulated in the article’s motion for monies appropriated by the Nantucket Town Meeting.
7. Acts of Trustees.
A majority of Trustees may exercise any or all of the powers of the Trustees hereunder, unless
otherwise provided, and may execute on behalf of the Trustees any and all instruments with the same effect as though executed by all the Trustees. No Trustee shall be required to give
bond. No license of court shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the Trust Estate. Any expenditure by the Trust to any one
Page 83 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
party in a cumulative amount exceeding $100,000.00 or donations to any charitable organization by the Trust shall also by approved by the Board of Selectmen prior to finalizing
the transaction.
8. Liability. Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the
Town of Nantucket, except in the manner specifically authorized herein. The Trust is a public
employer and the Trustees are public employees for the purposes of M.G.L. Chapter 258. The Trust shall be deemed a municipal agency and the Trustees special municipal employees for
the purposes of M.G.L. Chapter 268A.
9. Taxes. The Trust is exempt from M.G.L. Chapters 59 and 62, and from any other provisions
concerning payment of taxes based upon or measured by property or income imposed by the
Commonwealth of any political subdivision thereof.
10. Custodian of Funds. The Town of Nantucket Treasurer shall be the custodian of the funds of the Trust. The books
and records of the Trust shall be audited annually by an independent auditor in accordance
with accepted accounting practices for municipalities. Costs associated with the independent audit shall be born by the Trust. Furthermore, all funds paid to the Trust shall be deposited
directly into a separate and distinct bank account under the Town Collector/Treasurer’s custodianship. A separate and distinct organizational code with the Chart of Accounts will be
established on the Town’s accounting system, and it will be the Trust’s responsibility to maintain its financial records on the Town system. As the Trust will adopt an approved budget,
the Trust must follow all warrant, accounts payables and policies and procedures.
11. Governmental Body.
The Trust is a governmental body for purposes of Sections 23A, 32B and 23C of M.G.L. Chapter 39.
12. Board of the Town. The Trust is a Board of the Town for purposes of M.G.L. Chapter 30B and Section 15A of
M.G.L. Chapter 40; but agreements and conveyances between the Trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the town shall be
exempt from said Chapter 30B.
13. Duration of the Trust.
This Trust shall be of indefinite duration until terminated by a vote of the Nantucket Town Meeting or upon establishment of the Community Housing Bank as provided for by Article 62 of
this warrant whichever occurs sooner. Upon termination of the Trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and the
Trustees, the net assets of the Trust shall be transferred to the Town of Nantucket and held by
the Board of Selectmen for affordable housing purposes. In making any such distribution, the Trustees may, subject to the approval of the Board of Selectmen, sell all or any portion of the
Trust property and distribute the net proceeds thereof to the Town of Nantucket. The powers of the Trustees shall continue until the affairs of the trust are concluded. Once the Nantucket
Page 84 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Town Meeting has voted to terminate the Trust, all financial transactions made on behalf of the Trust shall be approved by the Board of Selectmen.
14. Registry of Deeds.
The Board of Selectmen may grant the Trustees any additional authority needed to execute, deliver and record with the Registry of Deeds any documents required for any conveyance
authorized hereunder.
15. Titles.
The titles to the various Articles herein are for convenience only and are not to be considered part of said Articles nor shall they affect the meaning or the language of any such Articles.
16. Compensation of Trustees.
Trustees shall not receive a salary, stipend, bonus or other means of compensation for their
service as a Trustee, nor shall they be eligible for any benefits from the Town of Nantucket. Trustees may be compensated for reasonable out-of-pocket expenses for travel and other
Trust-related expenses. All such out-of-pocket expenses shall be fully documented with receipts for expenses prior to
the payment by the Trust.
17. Amendments.
The provisions of this Trust can only be amended by a vote of the Nantucket Town Meeting.
18. Conflicts of Interest. The Trust shall be considered a public employer and the Trustees shall be subject to the
conflict of interest provisions of M.G.L. Chapter 268A.
19. Trustee Agreements.
Trustees will be required to execute an agreement with the Trust at the time of their appointment by the Board of Selectmen outlining their roles and responsibilities in accordance
with the provision of the Trust. Such form of agreement shall be developed by the Board of
Selectmen and approved as to form by The Nantucket Town Counsel.
20. Annual Report. The Trustees shall prepare an annual report describing the activities of the Trust on a calendar
year basis. The annual report shall be submitted to Nantucket Board of Selectmen by June 30th
of the following year. The annual report shall list all financial transactions conducted by the Trust including all revenues and costs, provide a balance sheet of liabilities and assets of the
Trust, list an inventory of all affordable housing units created, sold, and or managed by the Trust, and any other pertinent information related to the business of the Trust. Twenty hard
copies and an electronic copy of the annual report shall be submitted to the Board of Selectmen.
(Linda F. Williams, et al)
Page 85 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 80 (Charter Amendment: Town Manager)
To see if the Town will vote to amend Article IV (Town Administration) of the Charter of the Town of Nantucket, paragraph 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):
Article IV Section 4.2 of the town charter (Town Manager) shall be amended to change the following language.
A) The Board of Selectmen shall appoint a The citizens on the Town and County of Nantucket
shall appoint a Town Manager by means of elected vote for an initial a term of 2 3 years; Any successive terms shall not to exceed 3 years each terms, or 9 years. The Town Manager
so appointed elected shall, by education, experience and ability, be qualified to perform the duties established for the position. Such person need not be a resident of the Town at the time
of appointment but shall be a resident during the term of office starting not later than six
months following appointment.
(b) The Town Manager shall devote full time to the duties of the office.
(c) The Town Manager shall be responsible to the Board of Selectmen for the efficient operation of Town Administration, for acting in conformity with policies established by the
Board with respect to budget and other matters, and for the proper implementation of legislation adopted by the Town pursuant to Article II. The Town Manager shall have all, the
powers, rights and duties delegated by the Board of Selectmen or as are commonly associated
with the office of chief administrative officer of a local government unit.
(d) In particular, the Town Manager:
(1) Shall supervise, direct and be responsible for the efficient administration of all officers, boards, councils, commissions and committees appointed by the Town Manager, and all other
Town functions for which the Town Manager is given responsibility by this Charter, Town
bylaw, administrative code, or other legislation; and may issue administrative orders;
(2) Shall have appointment powers as provided in Section 4.3;
(3) Shall, with the assistance of the department heads, prepare and submit to the Board of Selectmen, all annual operating budgets and capital budgets, and any proposal for budget
amendment; shall establish the schedules and procedures to be followed by all Town
departments, boards, councils, commissions and committees in connection therewith and shall direct all phases of the budgetary process throughout each fiscal year;
(4) Shall prepare the Town Meeting warrant for adoption by the Board of Selectmen pursuant
to a schedule set by the Board, by administrative code or Town bylaw.
Page 86 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(5) May be present at all meetings of the Board of Selectmen and may participate in all deliberations, without the right to vote;
(6) shall, with the assistance of the Town department heads, ensure adequate inventory, care,
construction and maintenance of all Town properties, owned or leased, and foster centralized purchasing including, if so requested, for the School Committee;
(7) May require reports from and may examine the records, accounts and operations of any Town department, board, council commission or committee and shall recommend whatever
actions or programs are deemed necessary or desirable for the Town, the welfare of its residents and of visitors to the Island
(8) shall review, analyze and forecast trends of Town services and programs of all Town
departments, boards, councils, commissions and committees and make reports and
recommendations thereon to the Board of Selectmen; A30207 11 – 15 – 2007
Add: Section (9) Dismissals and Recalls shall be pursuant to section 5.1 and 5.4 of the official
Nantucket Town Charter
(David Larivee, et al)
Sponsors Comment: This charter change does not change any of the duties of the Town Managers. All it is intended to do is make the office of Town Manager an elected position, that
would make them (Town Manager) accountable to the taxpayers/voters and not a five person Board of selectmen.
ARTICLE 81 (Charter Amendment: Board of Selectmen)
To see if the Town will vote to amend Article III (Board of Selectmen) of the Charter of the Town of Nantucket, paragraph 4 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):
Article III Section 3.4 of the town charter shall be amended by the following. Removal of
section a of the Selectmen Powers as to Appointments, in its entirety. (a) The Board of Selectmen may, at a public meeting, exercise the following powers:
(1) To appoint the Town Manager for the purposes set forth in Article IV. Such appointment shall be upon appropriate terms and conditions, including provision for annual performance
reviews, in conformity with this Charter and the General Laws. By a majority vote of the full
count of members then in office, the Board may remove the Town Manager;
[Amended 4-11-2007 A M by Art. 44, approved 5-21-2007]
(David Larivee, et al)
Page 87 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 82 (Home Rule Petition: Airport Fuel 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 and Article 52 at the 2013 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2013, will expire
unless renewed by a confirmatory town meeting vote.
ARTICLE 83
(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 88 Town of Nantucket 2014 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 and Article 57 of the 2013 Annual Town Meeting. Home rule petitions currently pending before the legislature, which were not acted upon by December 31, 2013, will expire
unless renewed by a confirmatory town meeting vote.
ARTICLE 84
(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 and Article 59 of the 2013 Annual Town Meeting. Home rule petitions currently
Page 89 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
pending before the legislature, which were not acted upon by December 31, 2013, will expire unless renewed by a confirmatory town meeting vote.
ARTICLE 85
(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 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.
Page 90 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
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 and Article 60 of the 2013 Annual 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, 2013, 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 86 (Home Rule Petition: Conveyance of Miscellaneous Land to the Nantucket Islands Land Bank)
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 certain parcels of land in the Town of Nantucket for public park and recreational purposes or for open space purposes, as described in more detail below and as shown on a
map entitled “2014 Special Town Meeting Warrant Article 86” dated January, 2014 and filed
with the Office of the Town Clerk, to the Town of Nantucket for purposes of conveyance; and further to authorize the Board of Selectmen to convey said parcels 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 Town of Nantucket to the Nantucket Islands Land Bank
Section 1. The Town of Nantucket is hereby authorized to sell, convey, or otherwise dispose of
the fee or lesser interests of any portion of the following parcels of land:
Assessors Map 55, Parcel 404.1, 84 Union Street;
Assessors Map 55, Parcel 404.2, 84R Union Street;
Assessors Map 55.1.4, Parcel 15, Consue Springs;
Assessors Map 67, Parcel 49, 15 Miacomet Road;
Assessors Map 81, Parcel 59, Off Bartlett Road;
Assessors Map 82, Parcel 14, Mioxes Pond Road;
Assessors Map 82, Parcel 86, Smooth Hummocks;
To the Nantucket Islands Land Bank for open space purposes, any such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include
the reservation of restrictions and easements, all as shown on a map entitled “2014 Special
Town Meeting Warrant Article 86” dated January, 2014 and filed with the Office of the Town Clerk
Page 91 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Section 2. The provisions of Chapter 30B of the Massachusetts General Laws shall not be applicable to any conveyance authorized hereunder.
Section 3. This Act shall take effect upon passage.
Or to take any other action relative thereto.
(Board of Selectmen)
ARTICLE 87 (Home Rule Petition: Amendment to Historic District Commission Special Act)
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, which petition
will change the composition of the Historic District Commission from five elected members to three elected members and two members appointed by the Board of Selectmen, and will
further change the manner of selection for associate members from elected to appointed, or
take any other action relative thereto:
An Act Relative to the Composition of the Nantucket Historic District Commission
Section 1. Section 3 of Chapter 395 of the Acts of 1970, An Act Establishing An Historic District Commission for the Town of Nantucket and Establishing Nantucket Island as the
Historic District, as amended by Chapter 291 of the Acts of 1985, An Act Relative to the
Membership of the Historic District Commission for the Town of Nantucket, Chapter 314 of the Acts of 1990, An Act Relative to the Membership of the Nantucket Historic District Commission,
and Section 2 of Chapter 193 of the Acts of 1998, An Act Relative to the Nantucket Historic District Commission, is hereby further amended by striking out the third sentence in its entirety
and inserting in place thereof the following:- Two members shall be appointed for rotating
three-year terms by the Nantucket board of selectmen in accordance with section 3.4(a)(3) of the charter of the town of Nantucket, and three members shall be elected for rotating three-
year terms at the annual town election each year.
Section 2. Said section 3 of chapter 395 is hereby further amended by deleting the second,
third and fourth sentences of the second paragraph and inserting in place thereof the following:- Three such associate members shall be appointed by the Nantucket board of
selectmen in accordance with section 3.4(a)(3) of the charter of the town of Nantucket for rotating three-year terms. Vacancies in said office shall be filled by the board of selectmen for
the remainder of the unexpired term.
Section 3. At the 2016 annual town election in the town of Nantucket, the offices of Historic
District Commissioner shall not appear on the ballot. Instead, each incumbent elected member whose term would otherwise expire at said election shall terminate upon appointment by the
board of selectmen in accordance with section 3 of chapter 395 as amended under section 1 of this act of a successor, and the Historic District Commission shall be reconstituted as an
Page 92 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
elected and appointed board as provided in said section 3 of chapter 395 as amended under sections 1 and 2 of this act. Notwithstanding any other provision of this act, the members
whose terms expire at the 2016 annual town election shall be eligible for appointment hereunder. The terms of any other elected or appointed member or associate member of the
Nantucket historic district commission holding office on the effective date of this act shall continue to serve in such position until the expiration of such elected or appointed term, or their
sooner retirement, resignation or recall in accordance with section 5.4 of the charter of the town
of Nantucket. Any vacancy arising in the regular or associate membership of the commission after the effective date of this act shall be filled in accordance with section 3 of the acts of 1970
as herein amended under sections 1 and 2 of this act. No contracts or liabilities in force on the effective date of this act shall be affected by the change in composition of the membership of
the historic district commission and such reconstituted commissions shall, in all respects, be the lawful successor of the elected commission. All records, property and equipment
whatsoever of the elected commission shall be assigned to the reconstituted commission.
Section 4. This act shall take effect upon passage.
(Board of Selectmen)
ARTICLE 88 (Home Rule Petition: Amendment of Historic District Commission)
To see if the Town of Nantucket will vote to request its representatives in the General Court to introduce legislation amending the Historic District Act of 1970, as amended, to
provide that the enabling legislation for the Nantucket Historic District Commission be established under MGL, Section 40C, replacing the current Home Rule Petition process; or to
take any other action related thereto.
(Curtis L. Barnes, et al)
ARTICLE 89
(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 90
(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
Page 93 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
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 91 (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
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),
anyfuneral 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 shallnot 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 bedetermined 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.
Page 94 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Or to take any other action related thereto.
(Catherine Flanagan Stover, et al)
ARTICLE 92 (Home Rule Petition: Conveyance of Land from County to Town)
To see if the Town will vote to petition the General Court to enact a special act of the
Town of Nantucket the text of which is set forth below, and that the General Court be authorized with the approval of the Board of Selectmen, to make constructive changes in the
text thereof as may be necessary or advisable in order to accomplish the intent of this legislation in order to secure its passage, as follows:
An Act Approving the Conveyance of Property by the County of Nantucket
Section1. The County of Nantucket is hereby authorized to convey a parcel of land bounded by a line extending the westerly sideline of Bayberry Lane across Baxter Road to the western
terminus of Baxter Road, owned by the County of Nantucket to the Town of Nantucket for general municipal purposes and access purposes.
Section 2. The provision of Chapter 30B of the Massachusetts General Laws and any rights of first refusal in the Commonwealth under the provisions of Section 14 of Chapter 34 of the
Massachusetts General Laws shall not be applicable to any conveyance authorized hereunder.
Section 3. This Act shall take effect upon passage.
Or to take any other action relative thereto.
(Board of Selectmen)
ARTICLE 93
(Real Estate Conveyance: Portions of Baxter Road)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or any lesser interests in all or any portion of the parcel of land
bounded by a line extending the westerly sideline of Bayberry Lane across Baxter Road to the western terminus of Baxter Road for residential and access purposes, subject to Chapter 30B
of the Massachusetts General Laws and guidelines established under the “Nantucket Yard
Sale” program on file at the Board of Selectmen’s office, any such disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which may include the
reservation of easements and restriction;
As shown on a map entitled “2014 Annual Town Meeting Warrant Article 93” dated January 2014 and filed herewith at the office of the Town Clerk.
Or to take any other action relative thereto.
(Board of Selectmen)
Page 95 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 94 (Real Estate Acquisition: Unnamed Way Off Baxter Road)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all of a portion of the unnamed “Way” as
shown on a plan of land entitled “Plan of Land in Nantucket, Scale 30 feet to an Inch, May 11, 1923, William S. Swift, Surveyor” and being Land Court Plan No. 9448A filed with the
Nantucket Registry District of the Land Court for public way and/or general municipal purposes;
and
To see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes.
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 94” dated January
2014 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 95 (Real Estate Disposition: Unnamed Way Off Baxter Road)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey or otherwise dispose of the fee or any lesser interests in all or any portion of the land shown as
the unnamed “Way” on a plan of land entitled “Plan of Land in Nantucket, Scale 30 feet to an Inch, May 11, 1923, William S. Swift, Surveyor” and being Land Court Plan No. 9448A filed
with the Nantucket Registry District of the Land Court, subject to Chapter 30B of the
Massachusetts General Laws, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include the reservation of easements and
restrictions;
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 95” dated January
2014 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 96
(Real Estate Acquisition: “Paper” Streets in Brant Point, Cisco, Cliff, Dionis, Madaket, Quidnet, Surfside, Tom Nevers and Town Areas and Owner Unknown parcel in Surfside)
To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee or lesser interests in all or any portion of thirty-seven (37)
unconstructed rights of way identified below, together with any public and private rights of
passage, for public ways, open space and/or general municipal purposes:
• Dix and James Streets (stubs) between the southern sideline of Walsh Street and their termini (Brant Point);
Page 96 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
• Cudweed Road between a line extending the northern property line of Assessor Map 82,
Parcel 145 across said way to its southern terminus (Cisco)
• Heller Way and Reedy Pond Lane between the western sideline Cudweed Road and Walbang Avenue (Cisco);
• Priscilla Lane between the eastern sideline of Priscilla Lane (constructed) and the western sideline of Pilgrim Road (Cliff);
• Dartmouth Lane between the eastern sideline of Derrymore Lane and the western
sideline of Delaney Road (Cliff);
• Unnamed way between the western Sherburne Turnpike and its western terminus (see
Assessor Map 30: parallel and south of Kimball Avenue) (Cliff);
• Folger Road between the eastern sideline of Sherburne Turnpike (f.k.a. Sherburne
Avenue) and the western sideline Hamblin Road (Cliff);
• Hamblin Road (portion of) between a line extending the southern sideline and northern
property line of Assessor Map 30, Parcel 198 across said way and a line extending the
southern property line of Assessor Map 30, Parcel 202/203 across said way (Cliff);
• Douglas Way between a line extending the eastern sideline of Bishop’s Rise and
western sideline of Swift Rock Road (Dionis);
• Huckleberry Lane between a line running across the way at the northern end of the
travelled way to the southern property line of former East Tristram Avenue owned by the
Town of Nantucket (Dionis);
• Arkansas Avenue between the southwestern sideline of Starbuck Road and its terminus
(Madaket);
• Columbus Street between the southern sideline of Arkansas and the northern sideline of
Starbuck Road (Madaket);
• North Carolina Avenue between Starbuck Road and the eastern sideline of Columbus
Street (Madaket);
• Chase Lane between a line extending the western property line of Assessor Map 21, Parcel 52 across said way and the Atlantic Ocean, not including any portion of Squam
Road (Quidnet);
• Ocean Road between the northern sideline of Beach Road and its northern terminus
(Quidnet);
• Sesachacha Road between the northern sideline of Beach Road and the southern sideline of Chase Lane (Quidnet);
• Atlantic Avenue between the eastern sideline of Masquetuck Street and the western sideline of Holly Street (Surfside);
• Owners unknown parcel bounded westerly by Masquetuck Street, northerly by Atlantic
Avenue, easterly by Holly Street, and southerly by the Atlantic Ocean for open space purposes;
• Beach Plum Avenue between the eastern sideline of South Shore Road and the southern sideline of Plover Lane (Surfside);
• Plover Lane from the eastern sideline of South Shore Road to the western property line of Assessor Map 80, Parcel 219 (owned by the Nantucket Islands Land Bank)(Surfside);
• Quail Avenue between the eastern sideline of South Shore Road to the western sideline
of Hancock Street (Surfside);
• Hancock Street between the southern sideline of Plover Lane and the southern sideline
of Quail Avenue (Surfside);
Page 97 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
• Unnamed Way between the southwestern sideline of the former Miller Lane to its
southern terminus (along eastern property line of Assessor Map 68, Parcel
129)(Surfside);
• Sandsbury and Lyford Roads between northern sideline of Tom Nevers Road to their
northern termini (Tom Nevers);
• Lyford Road between a line extending the northerly property line of Assessor Map 92.4,
Parcel 93 across said way and the northwestern sideline of Wanoma Way (f.k.a. Atlantic
Boulevard) (Tom Nevers);
• Sandsbury Road bounded by “Tom Nevers Square” to the south, Tom Nevers Road to
the west, and Old Tom Nevers Road to the northeast;
• “Tom Nevers Square”, Assessor Map 75, Parcel 128;
• Hollister Road between a line extending the northwestern property line of Assessor Map 92.4,Parcel263 across said way to northwest sideline of Wanoma Way (f.k.a. Atlantic Boulevard)(Tom Nevers);
• Surrey Avenue (f.k.a. Central Road) between the northeast sideline of Nichols Road and southwest sideline of Old Tom Nevers Road and between the southern sideline of Tom
Nevers Road and the western sideline of Bosworth Road not including any portion of Lyford Road (Tom Nevers);
• Hampshire Road (f.k.a. Macy Road) between the southwestern sideline of Old Tom
Nevers Road and the northwestern sideline of Wanoma Way (f.k.a. Atlantic Boulevard) (Tom Nevers);
• Mayhew Road between the southwestern sideline of Old Tom Nevers Road and the northern sideline of Wanoma Way (f.k.a Atlantic Boulevard)(Tom Nevers);
• Bosworth Road between a line extending the northern property line of Assessor Map
92.4, Parcel 114 to the northern sideline of Wanoma Way (f.k.a. Atlantic Boulevard) (Tom Nevers);
• Dorset Road between the northern sideline of Wanoma Way (f.k.a. Atlantic Boulevard) and the Atlantic Ocean (Tom Nevers);
• Wanoma Way (f.k.a Atlantic Boulevard) between the western sideline of Dorset Road (f.k.a. Easton Road) to the eastern sideline of Joy Road (Tom Nevers);
• Joy Road between the southern sideline of Wanoma Way (f.k.a. Atlantic Boulevard) to
the Atlantic Ocean (Tom Nevers);
• Unnamed way (a.k.a. Roberts Lane) between a line extending across said way at the
southern sideline of a jog in said way to the northern sideline of Hiawasse Lane (Town); and
to see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes.
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 96” dated January
2014 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
Page 98 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 97 (Real Estate Conveyance: “Paper” Streets in Brant Point, Cisco, Cliff,
Dionis, Madaket, Squam, Surfside Tom Nevers and Town Areas) To see if the Town will vote to authorize the Board of Selectmen to sell, convey, or
otherwise dispose of the fee or any lesser interests in all or any portion of land identified below, subject to Chapter 30B of the Massachusetts General Laws and guidelines established
under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, such
disposition to be on such terms and conditions as the Board of Selectmen deem appropriate, which may include, the reservation of easements and restrictions:
• Dix and James Streets (stubs) between the southern sideline of Walsh Street and their
termini (Brant Point);
• Cudweed Road between a line extending the northern property line of Assessor Map 82, Parcel 145 across said way to its southern terminus (Cisco)
• Heller Way and Reedy Pond Lane between the western sideline Cudweed Road and Walbang Avenue (Cisco);
• Priscilla Lane between the eastern sideline of Priscilla Lane (constructed) and the western sideline of Pilgrim Road (Cliff);
• Dartmouth Lane between the eastern sideline of Derrymore Lane and the western
sideline of Delaney Road (Cliff);
• Unnamed way between the western Sherburne Turnpike and its western terminus (see
Assessor Map 30: parallel and south of Kimball Avenue) (Cliff);
• Folger Road between the eastern sideline of Sherburne Turnpike (f.k.a. Sherburne
Avenue) and the western sideline Hamblin Road (Cliff);
• Hamblin Road (portion of) between a line extending the southern sideline and northern property line of Assessor Map 30, Parcel 198 across said way and a line extending the
southern property line of Assessor Map 30, Parcel 202/203 across said way (Cliff);
• Douglas Way between a line extending the eastern sideline of Bishop’s Rise and
western sideline of Swift Rock Road (Dionis);
• Huckleberry Lane between a line running across the way at the northern end of the
travelled way to the southern property line of former East Tristram Avenue owned by the
Town of Nantucket (Dionis);
• Arkansas Avenue between the southwestern sideline of Starbuck Road and its terminus
(Madaket);
• Columbus Street between the southern sideline of Arkansas and the northern sideline of
Starbuck Road (Madaket);
• North Carolina Avenue between Starbuck Road and the eastern sideline of Columbus Street (Madaket);
• Chase Lane between a line extending the western property line of Assessor Map 21, Parcel 52 across said way and the Atlantic Ocean, not including any portion of Squam
Road (Quidnet);
• Ocean Road between the northern sideline of Beach Road and its northern terminus
(Quidnet);
• Sesachacha Road between the northern sideline of Beach Road and the southern sideline of Chase Lane (Quidnet);
Page 99 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
• Atlantic Avenue between the eastern sideline of Masquetuck Street and the western
sideline of Holly Street (Surfside);
• Beach Plum Avenue between the eastern sideline of South Shore Road and the southern sideline of Plover Lane (Surfside);
• Plover Lane from the eastern sideline of South Shore Road to the western property line of Assessor Map 80, Parcel 219 (owned by the Nantucket Islands Land Bank)(Surfside);
• Quail Avenue between the eastern sideline of South Shore Road to the western sideline
of Hancock Street (Surfside);
• Hancock Street between the southern sideline of Plover Lane and the southern sideline
of Quail Avenue (Surfside);
• Unnamed Way between the southwestern sideline of the former Miller Lane to its
southern terminus (along eastern property line of Assessor Map 68, Parcel 129)(Surfside);
• Sandsbury and Lyford Roads between northern sideline of Tom Nevers Road to their
northern termini (Tom Nevers);
• Lyford Road between a line extending the northerly property line of Assessor Map 92.4,
Parcel 93 across said way and the northwestern sideline of Wanoma Way (f.k.a. Atlantic Boulevard) (Tom Nevers);
• Sandsbury Road bounded by “Tom Nevers Square” to the south, Tom Nevers Road to
the west, and Old Tom Nevers Road to the northeast;
• “Tom Nevers Square”, Assessor Map 75, Parcel 128;
• Hollister Road between a line extending the northwestern property line of Assessor Map 92.4,Parcel263 across said way to northwest sideline of Wanoma Way (f.k.a. Atlantic
Boulevard)(Tom Nevers);
• Surrey Avenue (f.k.a. Central Road) between the northeast sideline of Nichols Road and
southwest sideline of Old Tom Nevers Road and between the southern sideline of Tom
Nevers Road and the western sideline of Bosworth Road not including any portion of Lyford Road (Tom Nevers);
• Hampshire Road (f.k.a. Macy Road) between the southwestern sideline of Old Tom Nevers Road and the northwestern sideline of Wanoma Way (f.k.a. Atlantic Boulevard)
(Tom Nevers);
• Mayhew Road between the southwestern sideline of Old Tom Nevers Road and the northern sideline of Wanoma Way (f.k.a Atlantic Boulevard)(Tom Nevers);
• Bosworth Road between a line extending the northern property line of Assessor Map 92.4, Parcel 114 to the northern sideline of Wanoma Way (f.k.a. Atlantic Boulevard)
(Tom Nevers);
• Dorset Road between the northern sideline of Wanoma Way (f.k.a. Atlantic Boulevard) and the Atlantic Ocean (Tom Nevers);
• Wanoma Way (f.k.a Atlantic Boulevard) between the western sideline of Dorset Road (f.k.a. Easton Road) to the eastern sideline of Joy Road (Tom Nevers);
• Joy Road between the southern sideline of Wanoma Way (f.k.a. Atlantic Boulevard) to the Atlantic Ocean (Tom Nevers);
• Unnamed way (a.k.a. Roberts Lane) between a line extending across said way at the
southern sideline of a jog in said way to the northern sideline of Hiawasse Lane (Town);
Page 100 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
all as shown on a map entitled “2014 Annual Town Meeting Warrant Article 97” dated January 2014 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 98 (Real Estate Acquisition: “Paper” Proprietors Roads in Cisco, Dionis,
Eel Point, Madaket, Pocomo and Warren’s Landing/Madaket Areas) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase,
gift or eminent domain the fee or lesser interests in all or any portion of sixteen (16) unconstructed rights of way identified as Proprietors Roads below, together with any public and private rights of passage, for public ways, open space and/or general municipal purposes:
• Between the northern sideline of Hummock Pond Road to its northern terminus at
Assessor Map 65, Parcel 35 (Cisco);
• Between the northern sideline of Madaket Road to the southern sideline of Douglas
Way, a.k.a. Worth Road (Dionis: Assessor Map 39);
• Between the northern sideline of Madaket Road to a line extending the southern sideline of Fintry Way across said way (Dionis: Assessor Map 39);
• Between the northern sideline of Madaket Road to its northern terminus at the eastern property line of Assessor Map 39, Parcel 1 (Dionis: Assessor Map 39);
• Between the southern sideline of Eel Point Road and its southern terminus at Assessor Map 39, Parcel 1 (Dionis);
• Between the southern sideline of Eel Point Road and its southern terminus at Assessor
Map 39, Parcel 2 (Dionis);
• Between the road referenced above (extension of Richards Landing Road) and its
northern terminus (Eel Point);
• Between the road referenced above (extension of Richards Landing Road) and the
southern sideline of Eel Point Road (Eel Point);
• Between the western sideline of Wauwinet Road to the northeastern property line of Assessor Map 15, Parcel 42 not including any portion of Pocomo Road (Pocomo:
Assessor Maps 14 and 15);
• Between the northern sideline of the above referenced Proprietors Road and Nantucket
Harbor (Pocomo: Assessor Map 14)
• Three (3) between the northern sideline of Pocomo Road to Nantucket Harbor (Pocomo:
Assessor Map 15);
• Between the southwestern sideline of Weetamo Road and its southern terminus (Pocomo: Assessor Map 15);
• Between a line extending the southern sideline of a way and its southern terminus (Pocomo: Assessor Map 15);
• Between the eastern sideline of the cul de sac of Richards Landing Road and its eastern
terminus (Warren’s Landing/Madaket: Assessor Map 38); and
Page 101 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
To see if the Town will vote to appropriate, borrow pursuant to applicable statute or transfer from available funds, a sum of money for such purposes.
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 98” dated January
2014 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 99
(Real Estate Acquisition: “Paper” Proprietors Roads in Cisco, Dionis, Eel Point, Madaket, Pocomo and Warren’s Landing/Madaket Areas)
To see if the Town will vote to authorize the Board of Selectmen to sell, convey, or
otherwise dispose of the fee or any lesser interests in all or any portion of land identified below, subject to Chapter 30B of the Massachusetts General Laws and guidelines established
under the “Nantucket Yard Sales” program on file at the Board of Selectmen’s office, such disposition to be on such terms and conditions as the Board of Selectmen deem appropriate,
which may include, the reservation of easements and restrictions:
• Between the northern sideline of Madaket Road to the southern sideline of Douglas
Way, a.k.a. Worth Road (Dionis: Assessor Map 39);
• Between the northern sideline of Madaket Road to a line extending the southern sideline
of Fintry Way across said way (Dionis: Assessor Map 39);
• Between the northern sideline of Madaket Road to its northern terminus at the eastern
property line of Assessor Map 39, Parcel 1 (Dionis: Assessor Map 39);
• Between the southern sideline of Eel Point Road and its southern terminus at Assessor Map 39, Parcel 1 (Dionis);
• Between the southern sideline of Eel Point Road and its southern terminus at Assessor Map 39, Parcel 2 (Dionis);
• Between the road referenced above (extension of Richards Landing Road) and its
northern terminus (Eel Point);
• Between the road referenced above (extension of Richards Landing Road) and the
southern sideline of Eel Point Road (Eel Point);
• Between the northern sideline of Hummock Pond Road to its northern terminus at
Assessor Map 65, Parcel 35 (Cisco);
• Between the western sideline of Wauwinet Road to the northeastern property line of
Assessor Map 15, Parcel 42 not including any portion of Pocomo Road (Pocomo:
Assessor Maps 14 and 15);
• Between the northern sideline of the above referenced Proprietors Road and Nantucket
Harbor (Pocomo: Assessor Map 14)
• Three (3) between the northern sideline of Pocomo Road to Nantucket Harbor (Pocomo:
Assessor Map 15);
• Between the southwestern sideline of Weetamo Road and its southern terminus (Pocomo: Assessor Map 15);
Page 102 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
• Between a line extending the southern sideline of a way and its southern terminus
(Pocomo: Assessor Map 15);
• Between the eastern sideline of the cul de sac of Richards Landing Road and its eastern terminus (Warren’s Landing/Madaket: Assessor Map 38);
all as shown on a map entitled “2014 Annual Town Meeting Warrant Article 99” dated January
2014 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 100 (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)
ARTICLE 101 (Real Estate Disposition: Ticcoma Way)
To see if the Town will vote to:
(1) Transfer the property situated on Ticcoma Way, shown as Lots A, B and C shown on
a plan entitled “Subdivision Concept Plan Prepared for the N.P. & E.D.C.,” dated September 5, 2013, prepared by Blackwell & Associates, Inc. from the Board of Selectmen for general
municipal purposes to the Board of Selectmen for purposes of conveyance or lease, and
further to authorize the Board of Selectmen to use, sell convey or otherwise dispose of the fee or lesser interests of all or any portions of the property for affordable housing purposes or
municipal sponsored housing of any kind including but not limited to housing for seasonal and/or permanent employees of the Town or County of Nantucket, and for roadway purposes
to lay out Waitt Drive as shown on said Plan and
(2) Rescind the vote on Warrant Article 98 of the 2009 Annual Town Meeting as it
applies to the authorization to transfer ten (10) of and a portion of one (1) parcels of land located northeasterly off Ticcoma Way (approximately addressed as 2 through 18 – even),
shown on Nantucket County Registry District of the Land Court Plans 37902-B as Lots 2, 49, 50, 51, 52, 53, 54, 55, 56 and 57 and those portions of Lot 1 outside of the boundaries of Lot
75 on Land Court Plan 37902-C, for affordable housing purposes and subject to Chapter 30B
of the Massachusetts General Laws.
Or to take any other action related thereto.
Page 103 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(Board of Selectmen)
ARTICLE 102
(Real Estate Conveyance: Miscellaneous Town Land to the Nantucket Islands Land Bank) To see if the Town will vote to transfer the care, custody, management and control of the
parcels listed below to the Board of Selectmen for the purpose of conveyance and authorize
the Board of Selectmen to sell, convey or otherwise dispose of the fee or lesser interests of any portion of the subject land listed below to the Nantucket Islands Land Bank, any such
disposition to be on such terms and conditions the Board of Selectmen deem appropriate, which shall include the reservation of One Big Beach (OBB) easements, and access and
parking allowances and may include the reservation of other easements and restrictions in
regard to the following land:
Assessors Map 55, Parcel 404.1, 84 Union Street;
Assessors Map 55, Parcel 404.2, 84R Union Street;
Assessors Map 55.1.4, Parcel 15, Consue Springs;
Assessors Map 67, Parcel 49, 15 Miacomet Road;
Assessors Map 81, Parcel 59, Off Bartlett Road;
Assessors Map 82, Parcel 14, Mioxes Pond Road;
Assessors Map 82, Parcel 22, Smooth Hummocks;
Assessors Map 82, Parcel 86, Smooth Hummocks;
All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 102” dated January 2014 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 103
(Appropriation: Acquisition of Land in Madaket) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase
or gift, the fee interest in the following property for wastewater or open space purposes:
Assessor’s Map 63, Parcel 9 known as 7 Massassoit Bridge Road containing 100 acres, more or less;
and to see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds a sum of money for such purposes; and
further to authorize the Board of Selectmen to grant a conservation restriction in said property pursuant to Chapter 184, Sections 31-33 of the Massachusetts General Laws.
Or to take any other action related thereto.
(Board of Selectmen)
Page 104 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
ARTICLE 104 (Real Estate Acquisition: Lot 24, Okorwaw Avenue)
To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent domain or purchase the fee interest in the following property for airport purposes and to confirm
the original Order of Taking of the following property by the Town recorded with Nantucket County Registry of Deeds in Book 109, Page 409:
A certain parcel of land shown as Lot 24, Okorwaw Avenue, in Nantucket shown on Land Court Plan 17745A, containing 10,000 square feet of land more or less;
and to see if the Town will vote to appropriate, and also to raise, 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 for Airport Commission)
ARTICLE 105
(Real Estate Conveyance: 142 Surfside Road)
To see if the Town will vote to: authorize the Board of Selectmen to sell, convey, or otherwise dispose of any interest the Town may have in, or to, part of that certain property
located at 142 Surfside Road, more particularly described as Lot 1 in Plan Book 24, Page 31, on file at the Nantucket County Registry of Deeds, subject to Massachusetts General Law
chapter 30B and to take any other action as may be related or appropriate thereto.
(David L. Webb, et al)
ARTICLE 106
(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 2014 tax levy.
Or to take any other action related thereto.
(Board of Selectmen)
ARTICLE 107 (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 current and/or 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.
Page 105 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
(Board of Selectmen)
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To act upon and transact any business relative to the foregoing subjects which may, then and there, come before said meeting.
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 FIFTEENTH DAY OF APRIL, 2014 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
Selectman Two for terms of three years
School Committee Two for a term of three years
School Committee One for a term of two 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 Two 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
And, to cast their vote as “YES” or “NO” on the following ballot question:
1. Debt exclusion override question pursuant to G. L. Chapter 59, s. 21C(k):
Shall the Town of Nantucket be allowed to exempt from the provisions of Proposition Two and One-Half, so-called, the amounts required to pay for the bond to be issued in order to pay for
the acquisition and related costs of the properties being described as follows:
Assessor Map 55, Parcels 314, 315, 316, 317 and 318, all known as 11 Mill Hill Lane; Assessor Map 55.4.4, Parcels 26 and 99, known as 11 Chicken Hill; Assessor Map 55.4.4, Parcel 83, known as 15 Mill Hill Lane;
Assessor Map 55.4.4, Parcel 60, known as 17 Mill Hill Lane; Assessor Map 55.4.4, Parcel 58, known as 19 Mill Hill Lane;
Page 106 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
Unnamed ways as follows:
Between the eastern sideline of Cato Lane to the western property line of Assessor Map
55, Parcel 319, south of Mill Hill Lane; Between the eastern sideline of Hummock Pond Road to the southwestern sideline of
Mill Hill Lane;
Between the southern sideline of an unnamed way to the eastern sideline of Cato Lane; Between the western sideline of Cato Lane to the northern sideline of an unnamed way.
_______YES
_______NO
2. Debt exclusion override question pursuant to G. L. Chapter 59, s. 21C(k):
Shall the Town of Nantucket be allowed to exempt from the provisions of Proposition Two and
One-Half, so-called, the amounts required to pay for the bond to be issued in order to pay for
the acquisition and related costs of the property being described as follows:
Assessor’s Map 63, Parcel 9 known as 7 Massassoit Bridge Road containing 100 acres, more or less.
_______YES
_______NO
Page 107 Town of Nantucket 2014 Annual Town Meeting and Election Warrant
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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 22nd day of January in the year Two Thousand Fourteen.
____________________________________ Rick Atherton, Chairman
____________________________________
Robert DeCosta, Vice Chairman
____________________________________
Bruce D. Miller
____________________________________ Matthew G. Fee
____________________________________
Tobias Glidden
SELECTMEN OF NANTUCKET, MA
Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the Warrant
of January 22, 2014 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