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HomeMy WebLinkAbout2104 Warrant with FinCom Motions_201404010750000193TOWN OF NANTUCKET 2014 Annual Town Meeting Saturday, April 5, 2014 9:00 AM Nantucket High School Mary P. Walker Auditorium Page i Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Town of Nantucket 16 Broad Street Nantucket, MA 02554 (508) 228-7255 www.nantucket-ma.gov BOARD OF SELECTMEN Rick Atherton, Chairman Robert DeCosta, Vice Chairman Bruce D. Miller Matthew G. Fee Tobias Glidden FINANCE COMMITTEE Matthew T. Mulcahy, Chairman Timothy M. Soverino, Vice Chairman Christopher J. Kickham James R. Kelly Stephen Maury Craig Spery John Tiffany Clifford Williams David Worth, Jr. PLANNING BOARD Barry G. Rector, Chairman Sylvia Howard Nathaniel Lowell John McLaughlin Linda Williams MODERATOR Sarah F. Alger Page ii Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions AMERICANS WITH DISABILITIES ACT NOTICE The Town of Nantucket advises applicants, participants and the public that it does not discriminate on the basis of disability in, admission to, access to, treatment or employment in its programs, services and activities. The Town of Nantucket will provide auxiliary aids and services to access programs upon request. Inquiries, requests and complaints should be directed to the Town Manager, 16 Broad Street, Nantucket, MA 02554, (508) 228-7255. IF YOU NEED A LARGE PRINT VERSION OF THIS DOCUMENT, PLEASE CONTACT THE TOWN MANAGER’S OFFICE AT (508) 228-7255 Cover photo courtesy of Greg Hinson, nantucketstock.com Page iii Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2014 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Receipt of Reports 1 2 Appropriation: Unpaid Bills 1 3 Appropriation: Prior Year Articles 2 4 Revolving Accounts: Annual Authorization 2 5 Appropriation: Reserve Fund 3 6 Fiscal Year 2014 General Fund Budget Transfers 4 7 Personnel Compensation Plans for Fiscal Year 2015 4 8 Appropriation: Fiscal Year 2015 General Fund Operating Budget 7 9 Appropriation: Health and Human Services 10 10 Appropriation: General Fund Capital Expenditures 10 11 Appropriation: Enterprise Funds Operations 13 12 Appropriation: Enterprise Funds Capital Expenditures 14 13 Enterprise Funds: Fiscal Year 2014 Budget Transfers 16 14 Appropriation: Waterways Improvement Fund 17 15 Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 2015 17 16 Appropriation: Ambulance Reserve Fund 17 17 Appropriation: County Assessment 18 18 Appropriation: Finalizing Fiscal Year 2015 County Budget 18 19 Rescind Unused Borrowing Authority 19 20 Appropriation: Ferry Embarkation Fee 19 21 Appropriation: Other Post-Employment Benefits Trust Fund 19 22 Appropriation: Collective Bargaining Agreement/Fire 20 23 Appropriation: Collective Bargaining Agreement/Airport Union 20 24 Appropriation: Collective Bargaining Agreement/Our Island Home 21 25 Appropriation: Collective Bargaining Agreement/Public Works 21 26 Appropriation: Collective Bargaining Agreement/Laborer’s Union 21 27 Appropriation: Collective Bargaining Agreement/Police 22 28 Appropriation: Collective Bargaining Agreement/Wannacomet Water 22 29 Community Preservation Committee: Fiscal Year 2015 Budget Transfers/Beaugrand 23 30 Appropriation: FY 2015 Community Preservation Committee/Beaugrand 24 31 Appropriation: Siasconset Fire Station/Eldridge 30 32 Sewer User Fee Schedule/Barnes 30 33 Local Room Tax Dedication Request/Balas 31 Page iv Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2014 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 34 Appropriation: Egan Properties Acquisition 31 35 Zoning Bylaw Amendment: Flood Hazard Overlay District 32 36 Zoning Map Change: LC to R-5 - Brant Point Area 38 37 Zoning Map Change: RC and LC to CN -- Brant Point Area 40 38 Zoning Map Change: RC and LC to CDT – Commercial, N. Water, S. Beach, Sea and Washington Streets, Harbor View Way and Steamboat Wharf 43 39 Zoning Map Change: LC and RC to R-1 -- Brant Point Area 45 40 Zoning Map Change: RC to ROH – Fayette, Meader, Union and Washington Streets 46 41 Zoning Map Change: R-1 to ROH – Coffin, Fayette, Francis, Meader, Union and Washington Streets 48 42 Zoning Map Change: RC to CN – Milestone and Old South Roads 50 43 Zoning Map Change: R-10 to CN – Hooper Farm and Fairgrounds Roads and Sparks Avenue 51 44 Zoning Map Change: Town R-10 to CTEC/Moore 52 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 54 46 Zoning Bylaw Amendment: Old South Commercial Overlay District/Reade 56 47 Zoning Bylaw Amendment: Old South Commercial Overlay District 57 48 Zoning Bylaw Amendment: Cap on Retail Major Commercial Developments (MCD)/Reade 61 49 Zoning Map Change: RC-2 and R-20 to CTEC – Nancy Ann Lane, Greglen Avenue, and Davkim Lane 63 50 Zoning Map Change: R-20 to R-10 – Greglen Avenue 65 51 Zoning Map Change: R-20 and RC-2 to R-5 – Old South Road 66 52 Zoning Map Change: LUG-2 to R-40 -- Vicinity of South Shore Road 67 53 Zoning Map Change: LUG-2 to LUG-1 -- Vicinity of Miacomet Road and South Shore Road 68 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 69 55 Zoning Map Change: RC, ROH, R-1, R-10 and R-20 to R-40 – Town Overlay District Open Space 71 56 Zoning Map Change: VR to VN -- 1 Polpis Road 74 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 74 58 Zoning Map Change: LUG-3 to SR-20 and/or LUG-1-- Sankaty Road 76 59 Zoning Map Change: SR-20 to LUG-3 -- Baxter Road 77 60 Zoning Map Change: SR-20, R-20, LUG-1 and LUG-2 to LUG-3 – Country Overlay District Open Space 78 61 Zoning Bylaw Amendment: Public Wellhead Recharge District 82 Page v Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2014 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 62 Zoning Bylaw Amendment: Parking, Driveways, Screening, Off-Street Loading 86 63 Zoning Bylaw Amendment: Secondary Lots 117 64 Zoning Bylaw Amendment: Pre-existing nonconforming uses, structures, and lots 121 65 Zoning Bylaw Amendment: Pre-existing nonconforming uses, structures, and lots 125 66 Zoning Bylaw Amendment: Definitions/Apartment/Maury 128 67 Zoning Bylaw Amendment: Use Chart 129 68 Zoning Bylaw Amendment: Miscellaneous Technical Amendments 130 69 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes for Parcels Not Subject to Zoning Map Changes 134 70 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes for Parcels Subject to 2014 ATM Zoning Map Changes 142 71 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes – South Pasture Lane Area/Williams 144 72 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes – Tashama Lane/Brescher 144 73 Bylaw Amendment: Board of Sewer Commissioners/Town Sewer District Map Changes – Brewster Road/Witte 145 74 Bylaw Amendment: Parking 145 75 Bylaw Amendment: Parking 145 76 Bylaw Amendment: Removal of Animal Litter/Dragon 150 77 Request for Town Meeting Warrant Articles to be Presented in “Common Conversational English”/Schwartz 151 78 Bicycle Path Advisory Committee/Golding 151 79 Nantucket Affordable Housing Trust Fund/Williams 152 80 Charter Amendment: Town Manager/Larivee 156 81 Charter Amendment: Board of Selectmen/Larivee 158 82 Home Rule Petition: Airport Fuel Revolving Fund 158 83 Home Rule Petition: Nantucket Mosquito Control Project 159 84 Home Rule Petition: Community Preservation Committee 161 85 Home Rule Petition: Conveyance of Property by the County/Smooth Hummocks – Moorlands Management District 162 86 Home Rule Petition: Conveyance of Miscellaneous Land to the Nantucket Islands Land Bank 164 87 Home Rule Petition: Amendment to Historic District Commission Special Act 166 88 Home Rule Petition: Amendment of Historic District Commission/Barnes 168 89 Home Rule Petition: Amendment of Historic District Commission Act/Barnes 168 90 Home Rule Petition: Relative to Retirement Benefits for Nantucket Town and County Employees/Spery 168 Page vi Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET 2014 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 91 Home Rule Petition: Funeral Directors, Embalmers, Funeral Homes, and Crematories/Flanagan Stover 169 92 Home Rule Petition: Conveyance of Land from County to Town 170 93 Real Estate Conveyance: Portions of Baxter Road 171 94 Real Estate Acquisition: Unnamed Way Off Baxter Road 171 95 Real Estate Disposition: Unnamed Way Off Baxter Road 172 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 173 97 Real Estate Conveyance: “Paper” Streets in Brant Point, Cisco, Cliff, Dionis, Madaket, Squam, Surfside Tom Nevers and Town Areas 177 98 Real Estate Acquisition: “Paper” Proprietors Roads in Cisco, Dionis, Eel Point, Madaket, Pocomo and Warren’s Landing/Madaket Areas 181 99 Real Estate Disposition: “Paper” Proprietors Roads in Cisco, Dionis, Eel Point, Madaket, Pocomo and Warren’s Landing/Madaket Areas 183 100 Public Ways: Coffin, Fayette, Meader and Francis Streets 185 101 Real Estate Disposition: Ticcoma Way 185 102 Real Estate Conveyance: Miscellaneous Town Land to the Nantucket Islands Land Bank 186 103 Appropriation: Acquisition of Land in Madaket 187 104 Real Estate Acquisition: Lot 24, Okorwaw Avenue 188 105 Real Estate Conveyance: 142 Surfside Road/Webb 188 106 Appropriation: Stabilization Fund 188 107 Appropriation: Free Cash 189 Planning Board Report 190 Zoning Article Glossary 192 NOTES: 1. PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS 2. UNLESS OTHERWISE NOTED UNDER THE FINANCE COMMITTEE MOTION, ALL VOTES NEEDED FOR PASSAGE OF ARTICLES IS A SIMPLE MAJORITY. Page 1 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 1 (Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2013 Annual Town Report or as may come before this meeting; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the reports of various departments and committees as are printed in the Fiscal Year 2013 Annual Town Report or as may come before this meeting be accepted and filed with the permanent records of the Town. ARTICLE 2 (Appropriation: Unpaid Bills) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds for the payment, pursuant to Chapter 44, section 64 of the Massachusetts General Laws, of unpaid bills from previous fiscal years, including any bills now on overdraft. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Four Thousand Four Hundred Thirty-two Dollars Thirty-four Cents ($4,432.34) be appropriated from Free Cash to pay the General Fund unpaid bills from prior fiscal years; that Forty-eight Dollars Ninety Cents ($48.90) be appropriated from Free Cash to pay the Community Preservation Committee unpaid bills from prior fiscal years; that Three Thousand Seventy-eight Dollars and Fifty-one Cents ($3,078.51) be appropriated from Retained Earnings of the Nantucket Memorial Airport Enterprise Fund to pay the Airport enterprise fund unpaid bills from prior fiscal years; that Nineteen Dollars Ninety- nine Cents ($19.99) be appropriated from Retained Earnings of the Our Island Home Enterprise Fund to pay the Our Island Home Enterprise Fund unpaid bills from prior fiscal years; that Two Thousand Eight Hundred Six Dollars ($2,806.00) be appropriated from Retained Earnings of the Sewer Enterprise Fund to pay the sewer enterprise fund unpaid bills from prior fiscal years. DEPARTMENT VENDOR AMOUNT Fire Department Nantucket Cottage Hospital $978.58 Fire Department Hertz Car Rental $85.28 Natural Resources Ricoh USA, Inc. $60.59 Natural Resources Cape Air $436.00 Planning and Land Use Services Enterprise Rental $65.44 Planning and Land Use Services Comfort Inn Cape Cod $352.71 Planning and Land Use Services Neopost USA $135.00 Public Buildings Butch Ramos Plumbing $371.10 Public Works Marine Home Center $74.49 Page 2 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Public Works Cape Air $76.00 Town Administration Marine Home Center $309.21 Town Administration Pitney Bowes $1,455.30 Town Clerk Ricoh USA, Inc. $32.64 Subtotal General Fund Expense $4,432.34 Community Preservation Committee Ricoh USA, Inc. $48.90 Subtotal Community Preservation Committee $ 48.90 Airport Enterprise Fund Allied Account Services, Inc. $41.19 Airport Enterprise Fund Pitney Bowes $267.55 Airport Enterprise Fund Solomon and Solomon $2,604.03 Airport Enterprise Fund Ricoh USA, Inc. $31.53 Airport Enterprise Fund AT&T $134.21 Subtotal Airport Enterprise Fund $3,078.51 Our Island Home Medawar Electronics, Inc. $19.99 Subtotal Our Island Home $19.99 Sewer Enterprise Fund Polydyne, Inc $2,806.00 Subtotal Sewer Enterprise Fund $2,806.00 Quantum of vote required for passage of this motion is 4/5 ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds previously appropriated pursuant to Articles voted in prior years; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 4 (Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the Massachusetts General Laws for Fiscal Year 2015; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby authorized to continue during Fiscal Year 2015 as follows: Page 3 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Beach Improvement Beach Permit Sticker sales Town Manager with approval of Board of Selectmen In accordance with c. 56, § 7A of Town Code, and including endangered species monitor program; beach patrols/monitors; beach use education/information $657,161 Tennis Court Tennis fees Town Manager with approval of Park & Recreation Commission Operation, maintenance of tennis court facility and housing for seasonal staff $36,850 Conservation Fund Conservation Commission application fees Town Manager with approval of Conservation Commission Consulting services in connection with professional review of applications $23,700 Code Enforcement Inspections 20% of Plumbing/Gas and Wiring Fees Town Manager with approval of Board of Selectmen Increased hours for part-time plumbing/gas and wiring inspectors $53,978 Septic System Inspections Septic system application fees Town Manager with approval of Board of Health Contractor services in connection with septic system inspections; costs associated septic system inspection related training and portion of salaries for staff in connection with septic system duties and responsibilities, together with the proportionate costs of fringe benefits associated with the salaries so paid $103,232 Seasonal Food Service Inspections Food service permit fees Town Manager with approval of Board of Health Seasonal food service inspections; costs associated with seasonal food service inspection training and public awareness materials. $68,021 Lifeguard Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of lifeguard housing facilities $11,000 Public Works Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of public works housing facilities $10,650 Low Beach Housing Rental payments Town Manager with approval of Board of Selectmen Defrayment of maintenance/upkeep of Low Beach housing facilities $95,000 ARTICLE 5 (Appropriation: Reserve Fund) To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund pursuant to Chapter 40 section 6 of the Massachusetts General Laws, to provide for the extraordinary and unforeseen expenditures which may arise during Fiscal Year 2015; said sum not to exceed five (5) percent of the Fiscal Year 2014 tax levy; or to take any other action related thereto. Page 4 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be raised and appropriated from the Fiscal Year 2015 tax levy and other general revenues of the Town to establish a reserve fund for Fiscal Year 2015 pursuant to Chapter 40, section 6 of the General Laws. 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) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred between the various Fiscal Year 2014 accounts and expenditures as follows: FROM TO AMOUNT Police Department – Salaries Reserve Fund $225,000 Visitor Services – Expenses Visitor Services – Salaries $15,000 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 Page 5 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions of pay Veterans' Agent (hourly) 15.00 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) FINANCE COMMITTEE MOTION: Moved that the following schedules be adopted: Schedule A -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) $600.00 Americans with Disabilities Act Facilitator (hourly) 15.00 Building, Plumbing, Wiring Inspector, Assistants (hourly) Up to 50.00 Certified Nurse’s Aide/Our Island Home (Per Diem – hourly) 19.00 Page 6 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 7 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Selectman, Chair $5,000/per year Selectmen $3,500/per year Town Clerk $93,421 *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. ARTICLE 8 (Appropriation: Fiscal Year 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) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2015 operating budget is established for the various offices, boards, and commissions of the Town as follows: DEPARTMENT Fiscal Year 2015 FY 2014 PAYROLL OPERATING TOTAL BUDGET ARTICLE 8 TOTAL GENERAL GOVERNMENT Finance Committee $ 0 $ 17,650 $ 17,650 $ 17,650 Finance & Operations $1,528,790 $573,527 $ 2,102,317 $ 1,914,267 Human Resources $ 144,700 $ 25,750 $ 170,450 $ 183,800 Information Systems/GIS $ 486,820 $ 329,365 $ 816,185 $ 710,490 Legal $ 0 $ 325,000 $ 325,000 $ 315,000 Moderator $ 175 $ 1,500 $ 1,675 $ 1,675 Natural Resources $ 316,140 $ 14,550 $ 330,690 $ 0 Planning and Land Use Service $1,456,780 $ 226,870 $ 1.683,650 $ 1.650,839 Town Administration $ 536,690 $ 206,057 $ 742,747 $ 1,037,340 Town Clerk $ 218,410 $ 60,900 $ 279,310 $ 277,500 Subtotal $4,688,505 $1,781,169 $ 6,469,674 $ 6,108,561 SAFETY & PROTECTION Emergency Management $ 0 $ 7,000 $ 7,000 $ 7,000 Fire Department $ 2,292,248 $ 204,425 $ 2,496,673 $ 2,443,685 Police Department $ 4,589,930 $ 648,065 $ 5,237,995 $ 5,129,360 Page 8 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Street Lighting $ 0 $ 105,900 $ 105,900 $ 105,900 Subtotal $ 6,882,178 $ 965,390 $ 7,847,568 $ 7,685,945 MARINE & COASTAL RESOURCES Marine Department $ 700,020 $ 83,075 $ 783,095 $ 701,885 Subtotal $ 700,020 $ 83,075 $ 783,095 $ 701,885 MAINTENANCE Gas/Town Vehicles $ 0 $ 377,000 $ 377,000 $ 325,000 Mosquito Control $ 44,600 $ 57,900 $ 102,500 $ 102,500 Public Buildings $ 0 $ 782,800 $ 782,800 $ 754,850 Public Works $1,900,586 $ 380,425 $ 2,281,011 $ 2,267,854 Snow and Ice Removal $ 0 $ 25,000 $ 25,000 $ 25,000 Subtotal $ 1,945,186 $ 1,623,125 $ 3,568,311 $ 3,475,204 HUMAN SERVICES Human Services $ 361,240 $ 65,965 $ 427,205 $ 470,951 Subtotal $ 361,240 $ 65,965 $ 427,205 $ 470,951 CULTURE & RECREATION Atheneum $ 0 $ 685,233 $ 685,233 $ 676,444 Town Clock $ 0 $ 2,900 $ 2,900 $ 2,770 Visitor Services $ 282,810 $ 62,950 $ 345,760 $ 299,820 Subtotal $ 282,810 $ 751,083 $ 1,033,893 $ 979,034 CONTRACTUALOBLIGATIONS $ 467,855 $ 0 $ 467,855 $ 301,201 TOTAL OF DEPT OPERATING BUDGETS $15,327,794 $5,269,807 $20,597,601 $19,722,781 EDUCATION Community School $ 350,000 $ 0 $ 350,000 $ 350,000 School Department $19,227,619 $ 4,838,839 $ 24,066,458 $ 23,046,275 Subtotal $19,577,619 $ 4,838,839 $ 24,416,458 $ 23,396,275 GRAND TOTAL OF GEN GOV'T OPERATING BUDGETS $34,905,413 $10,108,646 $45,014,059 $43,119,056 DEBT SERVICE Page 9 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Principal & Interest $ 0 $ 7,421,391 $7,421,391 $7,605,899 Subtotal $ 0 $ 7,421,391 $ 7,421,391 $ 7,605,899 INSURANCES Auto Casualty $ 0 $ 173,000 $ 173,000 $ 173,000 Blanket Liability $ 0 $ 1,243,000 $ 1,243,000 $ 1,243,000 Claims Deductible $ 0 $ 62,000 $ 62,000 $ 62,000 Insurance Consulting $ 0 $ 26,000 $ 26,000 $ 26,000 Medical Insurance $9,390,000 $ 0 $ 9,390,000 $ 8,369,402 Unemployment $ 341,000 $ 0 $ 341,000 $ 300,000 Workers Compensation $ 197,000 $ 0 $ 197,000 $ 190,000 Laborer's Union Pension $ 44,000 $ 0 $ 44,000 $ 44,000 Subtotal $9,972,000 $ 1,504,000 $ 11,476,000 $ 10,407,402 ASSESSMENTS Barnstable Retirement $3,420,000 $0 $3,420,000 $3,228,051 Subtotal $3,420,000 $0 $3,420,000 $3,228,051 GRAND TOTAL OF OPERATING BUDGET $ 48,297,413 $19,034,037 $67,331,450 $64,360,408 And to meet these appropriations, the sum of Sixty-seven Million One Hundred Forty-three Thousand Three Hundred Ninety Dollars ($67,143,390) be raised and appropriated from the Fiscal Year 2015 tax levy and other general revenues of the Town and that One Hundred Eighty-eight Thousand Sixty Dollars( $188,060) be transferred from Free Cash in the Treasury of the Town, for one-time expenses that are included in various departmental budgets. The budget unanimously recommended by the Nantucket School Committee for the School Department, including the Nantucket Community School, for Fiscal Year 2015 is Twenty-Four Million Four Hundred Sixteen Thousand Four Hundred Fifty-Eight Dollars ($24,416,458). FINANCE COMMITTEE COMMENT: The Finance Committee would like to express its appreciation for the effort Town Administration, Town Departments and the Finance Department have endeavored in completing the General Fund operating budget for FY 2015. In addition, in light that the Finance Department is undergoing staff changes, a smooth budget process was achieved. The Committee recognizes the effort involved in presenting a balanced budget and the Town living within its revenues. Page 10 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that Three Hundred Seventeen Thousand Eight Hundred Eighty Dollars ($317,880) be raised and appropriated from the Fiscal Year 2015 tax levy and other general revenues of the Town for the Town Manager to expend to fund grants for the following health and human services, private not-for-profit agencies to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the Town Manager with the approval of the Board of Selectmen, execute grant agreements with the respective agencies for Fiscal Year 2015, which contracts shall stipulate mutually agreed upon terms and conditions: AGENCY AMOUNT A Safe Place $44,000 ASAP (Alliance for Substance Abuse Prevention) $4,000 Elder Services of Cape Cod $13,000 Family Planning $11,000 Family & Children’s Services $100,000 Martha’s Vineyard Community Services $12,000 Legal Services of Cape Cod & Islands $4,000 Rental Assistance Program $30,000 Emergency Food Pantry $35,000 Nantucket Cottage Hospital Social Services $35,000 Access Nantucket $19,880 Small Friends of Nantucket $10,000 TOTAL $317,880 ARTICLE 10 (Appropriation: General Fund Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for Fiscal Year 2015 for the offices, departments, boards and commissions of the Town of Nantucket; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following amounts be appropriated for the following capital outlay expenditures, with all such expenditures to be made by the Town Manager with the approval of the Board of Selectmen; except the School expenditures to be Page 11 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions made by the School Superintendent with the approval of the School Committee; and further that the Town Manager with the approval of the Board of Selectmen or School Superintendent with the approval of the School Committee as the case may be, is authorized to sell, convey, trade-in or otherwise dispose of equipment being replaced as follows: DEPARTMENT ITEM FUNDING SOURCE(S) AMOUNT Fire Department Purchase replacement of a fire tanker Transfer $240,000 from Free Cash in the Treasury of the Town $ 240,000 Information Technology/ GIS Department Costs associated with technology improvements, including: purchase and replacement of servers; replacement equipment to update Town network infrastructure; purchase and replacement of desktops and printers Transfer $125,000 from Free Cash in the Treasury of the Town; $31,000 from FY 2015 Airport Enterprise Fund Anticipated Revenues; $50,000 from FY 2015 Wannacomet Water Enterprise Fund Anticipated Revenues $ 206,000 Marine Department Professional services costs, including engineering, permitting and other costs associated with the dredging of the waterfront at Children’s Beach Transfer $100,000 from the Beach Improvement Revolving Fund; Transfer $150,000 from the Waterways Improvement Fund $ 250,000 Marine Department Professional services costs, including engineering, permitting and construction for improvements to Children’s Beach Boat Ramp Transfer $200,000 from Waterways Improvement Fund $200,000 Marine Department Costs associated with the purchase of a new patrol/rescue vessel Transfer $175,000 from Free Cash in the Treasury of the Town $ 175,000 Planning and Land Use Services Department Professional services and other associated costs, including design and engineering for improvements to Surfside and Bartlett Road intersection Transfer $275,000 from Free Cash in the Treasury of the Town $ 275,000 Planning and Land Use Services Department Professional services and associated costs, including design, engineering and construction for improvements and modifications of Francis/Union Street intersection Transfer $150,000 from Free Cash in the Treasury of the Town $ 150,000 Planning and Land Use Services Department Supplemental funding for professional services and associated costs, including design and engineering for In-Town Bike Path project Transfer $50,000 from Free Cash in the Treasury of the Town $ 50,000 Police Department Costs associated with the purchase and installment of an Emergency Warning System Transfer $45,000 from Free Cash in the Treasury of the Town (costs anticipated to be reimbursed from federal grant) $ 45,000 Public Works Costs associated with various island- wide road maintenance and improvements Transfer $700,000 from Free Cash in the Treasury of the Town $ 700,000 Public Works Costs associated with Madaket bike path paving and improvements Transfer $300,000 from Free Cash in the Treasury of the Town $ 300,000 Public Works Purchase new bike path sweeper Transfer $60,000 from Free Cash in the Treasury of the Town $ 60,000 Public Works Purchase of tractor with beach rake attachment for beach cleaning Transfer $130,000 from Beach Improvement Revolving Fund $130,000 Public Works Costs associated with Transfer $100,000 from Free Cash in $ 100,000 Page 12 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions new/replacement beach playground equipment the Treasury of the Town Town Administration/Natural Resources Professional services and other associated costs, including design, engineering, permitting, construction for rehabilitation and restoration of the Brant Point Shellfish Propagation Facility Transfer $500,000 from Free Cash in the Treasury of the Town $ 500,000 Town Administration Professional services and associated costs, including engineering, design, construction for improvements to municipal parking lot(s) Transfer $250,000 from Free Cash in the Treasury of the Town $ 250,000 Town Administration Professional services and associated costs, including surveying, legal costs in connection with Surfside area road takings Transfer $100,000 from Proceeds from Real Estate Sales Account $ 100,000 School Nantucket Elementary School bathroom repairs, renovations, upgrades Transfer $22,955.94 from Free Cash in the Treasury of the Town; transfer $127,044.06 from the prior year articles listed below $150,000 School Safety and security improvements at all Nantucket Public School buildings Transfer $700,000 from Free Cash in the Treasury of the Town $700,000 School Façade repair and painting at Nantucket High School Transfer $150,000 from Free Cash in the Treasury of the Town $150,000 School Window replacements (Phase I) at Nantucket High School Transfer $100,000 from Free Cash in the Treasury of the Town $100,000 School Cyrus Pierce Middle School building repairs and improvements Transfer $150,000 from Free Cash in the Treasury of the Town $150,000 School Nantucket Elementary School playground repairs, improvements and upgrades Transfer $50,000 from Free Cash in the Treasury of the Town $50,000 TOTAL $5,031,000 And, to meet this appropriation that Four Million One Hundred Forty-two Thousand Nine Hundred Fifty-five Dollars and Ninety-four Cents ($4,142,955.94) be transferred from Free Cash in the Treasury of the Town; that Three Hundred Fifty Thousand Dollars ($350,000) be transferred from the Waterways Improvement Fund for the items so specified; that Two Hundred Thirty Thousand Dollars ($230,000) be transferred from the Beach Improvement Revolving Fund for the items so specified; that Fifty Thousand Dollars ($50,000) be provided through FY 2015 Anticipated Revenues of the Wannacomet Water Enterprise Fund for the item so specified; that Thirty-one Thousand Dollars ($31,000) be provided through FY 2015 Anticipated Revenues of the Airport Enterprise Fund; that One Hundred Thousand Dollars ($100,000) be transferred from the Proceeds from Real Estate Sales Account and that One Hundred Twenty-Seven Thousand Forty-four Dollars and Six Cents ($127,044.06) be transferred from prior year articles as follows for the Nantucket Elementary School bathroom item as listed above: PRIOR YEAR ARTICLE AMOUNT Article 10/2013 Annual Town Meeting – Fire Admin Vehicle $2,060.00 Article 10/2013 Annual Town Meeting – Disability Access/Town Building Restroom $90,000.00 Article 10/2012 Annual Town Meeting - Millie’s Bridge Repairs $693.34 Article 10/2011 Annual Town Meeting – Replace Vehicles $139.23 Page 13 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Article 12/2011 Annual Town Meeting - Nobadeer Farm Road Improvements $5,698.12 Article 10/2011 Annual Town Meeting – Jetties Beach Concession Repairs $8,903.57 Article 10/2011 Annual Town Meeting – GIS Digital Mapping $7,511.25 Article 10/2010 Annual Town Meeting – Replacement Fire Truck $75.64 Article 10/2009 Annual Town Meeting – Cliff Road Bike Path $8,183.27 Article 10/2007 Annual Town Meeting – NHS Improvements $2,362.16 Article 10/2005 Annual Town Meeting – NES Ventilation $6.86 Article 10/2003 Annual Town Meeting – Repairs to East Chestnut Street Town Building $1,358.03 Article 10/2003 Annual Town Meeting – Repairs to 16 Broad Street Town Building $52.59 TOTAL $127,044.06 All of these sources totaling Five Million Thirty-one Thousand Dollars ($5,031,000). 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) FINANCE COMMITTEE MOTION: Moved that the following Fiscal Year 2015 operating budgets be approved for the Enterprise Funds, with the Siasconset Water appropriation to be expended through the Siasconset Water Commission; the Wannacomet Water appropriation to be expended through the Nantucket Water Commission; the Airport appropriation to be expended through the Nantucket Airport Commission; the remaining appropriations to be spent through the Board of Selectmen: FY 2015 FY 2015 FY 2015 FY 2014 FUND PAYROLL EXPENSES TOTAL BUDGET TOTAL BUDGET Airport $4,137,674 $4,104,876 $8,242,550 $ 8,568,592 Our Island Home $5,841,640 $1,304,185 $7,145,825 $7,173,960 Sewer ( includes Wastewater Treatment; Collection & Disposal; and Siasconset plant) $1,271,310 $5,215,438 $6,486,748 $6,507,305 Siasconset Water $ 30,000 $1,049,750 $1,079,750 $1,149,933 Solid Waste $ 40,775 $7,797,939 $7,838,714 $7,782,377 Wannacomet Water $1,499,432 $3,104,868 $4,604,300 $4,476,721 TOTAL $12,820,831 $22,577,056 $35,397,887 $35,658,888 Further, that the above appropriations be funded as follows: FUND FUNDING SOURCES AMOUNTS Airport FY 15 Anticipated Revenues $6,652,930 Airport Retained Earnings $1,370,603 Airport Transfer from FY 14 Fuel Revolver $ 219,017 Our Island Home FY 15 Anticipated Revenues $4,343,990 Page 14 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Our Island Home FY 15 Tax Levy and Other General Revenues $2,267,598 Our Island Home Retained Earnings $ 534,237 Sewer FY 15 Anticipated Revenues $6,276,165 Sewer Retained Earnings $ 210,583 Solid Waste FY 15 Anticipated Revenues $2,667,500 Solid Waste FY 15 Tax Levy and Other General Revenues $4,699,787 Solid Waste Retained Earnings $ 471,427 Siasconset Water FY 15 Anticipated Revenues $1,079,750 Wannacomet Water FY 15 Anticipated Revenues $4,604,300 TOTAL FUNDING SOURCES $35,397,887 And, further, that the following amounts be appropriated in the General Fund and funded by each Enterprise Fund Department as follows: Two Hundred Thousand Dollars ($200,000) – Airport Enterprise Ninety-two Thousand Three Hundred Dollars ($92,300) – Our Island Home Enterprise Seventy-six Thousand Dollars ($76,000) – Sewer Enterprise Fifteen Thousand Dollars ($15,000) – Siasconset Water Enterprise One Hundred Fifteen Thousand Dollars ($115,000) – Solid Waste Enterprise Ninety-three Thousand Dollars ($93,000) – Wannacomet Water FINANCE COMMITTEE COMMENT: Enterprise Fund revenues associated with indirect costs as shown in the general fund are reported during the tax recapulation process as opposed to voted in the enterprise fund appropriations listed above. ARTICLE 12 (Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of capital expenditures in Fiscal Year 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) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be appropriated for the Enterprise Fund departments with the Airport appropriations to be expended through the Airport Commission; the Our Island Home Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Board of Selectmen; the Sewer Enterprise and Solid Waste Enterprise Fund appropriations to be expended by the Town Manager with the approval of the Board of Selectmen/Board of Public Works/Sewer Commissioners: DEPARTMENT ITEM FUNDING SOURCE(S) AMOUNT Airport Airport Ramp Rehabilitation Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $1,125,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended $ 1,125,000 Page 15 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport Airport Airport Security System Upgrades Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $400,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $ 400,000 Airport Purchase New and Replacement Airfield Vehicles Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $164,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $ 164,000 Airport Costs associated with Environmental Stewardship Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $570,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $570,000 Airport Replacement and Purchase of Airport Rescue and Firefighting Vehicle Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $900,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from Airport Enterprise Fund revenues, state or federal grants, and other available funds of the Airport $900,000 Subtotal Airport Enterprise $ 3,159,000 Our Island Acquisition/Upgrade of Medical Our Island Home Certified Retained $75,000 Page 16 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Home Records Software Earnings Subtotal Our Island Home $ 75,000 Sewer Costs Associated with Upgrading Sea Street Pump Station Authorize the Treasurer, with the approval of the Board of Selectmen to borrow $3,000,000 pursuant to G.L. c.44 Section 7 or 8 or any other enabling authority, and that while such bonds shall be general obligations of the Town, it is intended that the principal and interest thereon shall be repaid from the Sewer Enterprise Fund revenues, state or federal grants, and other available funds of the Sewer Enterprise Fund $ 3,000,000 Sewer Purchase of Utility Truck with Crane Sewer Enterprise Fund Certified Retained Earnings $90,000 Subtotal Sewer Enterprise $ 3,090,000 Solid Waste Professional Services for Design, Permitting, and Other Costs Associated with Landfill Mining Transfer $700,000 from the Fiscal Year 2015 Tax Levy and Other General Revenues of the Town $ 700,000 Subtotal Solid Waste Enterprise $ 700,000 Wannacomet Water Costs Associated with Information Technology Upgrades FY2015 Anticipated Revenues of Wannacomet Water Subtotal Wannacomet Water $50,000 TOTAL $7,074,000 Quantum of vote required for passage of the motion is 2/3 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) FINANCE COMMITTEE MOTION: Moved that the amounts listed below be transferred from the various accounts listed to the various enterprise fund accounts listed for Fiscal Year 2014 as follows: FROM TO AMOUNT Wannacomet Water, Retained Earnings General Fund, Indirect Costs Incurred in FY 2013 $212.00 Sewer, Retained Earnings General Fund, Indirect Costs Incurred in FY 2013 $80,000 Our Island Home, Salaries Our Island Home, Expenses $50,000 Page 17 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 14 (Appropriation: Waterways Improvement Fund) To see what sum the Town will vote to appropriate from the revenue received under Chapter 60B subsection (i) of section 2 and under Chapter 91 section 10A of the Massachusetts General Laws and sums received from the Commonwealth or Federal Government for purposes established by Chapter 40 section 5G of the Massachusetts General Laws including but not limited to (1) maintenance , dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that One Hundred Eighteen Thousand Three Hundred Dollars ($118,300) be appropriated from the Waterways Improvement Fund for the purpose of (1) maintenance, dredging, cleaning and improvement of harbors, inland waters and great ponds, (2) the public access thereto, (3) the breakwaters, retaining walls, piers, wharves and moorings thereof, and (4) law enforcement and fire prevention in the Town and County of Nantucket, and any other purpose allowed by applicable law. ARTICLE 15 (Authorization: Airport Aviation Fuel Revolving Fund for Fiscal Year 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) FINANCE COMMITTEE MOTION: Moved that an Airport Aviation Fuel Revolving Fund is established to which fees and other receipts received shall be credited up to Five Million Three Hundred Eighty-two Thousand Six Hundred Fifty Dollars ($5,382,650) 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 in the amount of to Five Million Three Hundred Eighty-two Thousand Six Hundred Fifty Dollars ($5,382,650) pursuant to the provisions of Chapter 28 of the Acts of 2004 and Massachusetts General Law Chapter 44, section 53E½ . Aviation fuel receipts in excess of the spending limit will be credited to the Airport Enterprise Fund. 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 Page 18 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the Town’s ambulance services, including up to four (4) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town Manager; or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Three Hundred Seventy-five Thousand Dollars ($375,000) be appropriated from the Ambulance Reserve Fund for the purpose of purchasing ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three (3) ambulances, and other such related costs to operate the Town’s ambulance services, including up to four (4) full-time firefighter/EMT positions. All expenditures to be made by the Fire Department, subject to the approval of the Town Manager. ARTICLE 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 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. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved that One Hundred Seventy Thousand Two Hundred One Dollars ($170,201) be raised and appropriated from the Fiscal Year 2015 tax levy and other general revenues of the Town to fund the Fiscal Year 2015 county assessment. 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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 19 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Finance Committee, at its meeting on January 28, 2014, acting as the Nantucket County Review Committee in accordance with section 2.7 of the Nantucket County Charter, endorsed the Fiscal Year 2015 Nantucket County budget, which was subsequently adopted by the Nantucket County Commissioners on February 19, 2014. Thus no action is required. ARTICLE 19 (Rescind Unused Borrowing Authority) To see what action the Town will take to amend, appropriate or reappropriate, transfer, modify, repeal or rescind unused borrowing authority authorized by previous town meetings. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the unused borrowing authority for the following projects be rescinded: DEPARTMENT ITEM ARTICLE/TOWN MEETING AMOUNT TO BE RESCINDED Airport Runway 15/33 Design Article 13/Annual Town Meeting 2008 $1,542,748.00 Airport Runway 33 Article 13/Annual Town Meeting 2009 $1,883,700.00 Airport Airport Ramp Extension Article 13/Annual Town Meeting 2010 $371,164.04 Airport Parking Lot Landscaping Article 13/Annual Town Meeting 2010 $26,409.00 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) FINANCE COMMITTEE MOTION: Moved that One Hundred Ninety-one Thousand Four Hundred Seven Dollars ($191,407) be appropriated from the Ferry Embarkation Fee Fund for the purpose of public safety protection, emergency services, and any other purpose allowed by applicable law. ARTICLE 21 (Appropriation: 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- Page 20 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be appropriated from the FY 2015 tax levy and other general revenues of the Town to be deposited by the Treasurer into the Other Post-employment Benefits Trust Fund. 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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Negotiations with the Fire Union were not completed in time for an appropriation to be put forward before the 2014 Annual Town Meeting. 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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Negotiations with the Airport Union were not completed in time for an appropriation to be put forward before the 2014 Annual Town Meeting. Page 21 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 of the Massachusetts General Laws, and to amend the Town’s classification and compensation plan accordingly to reflect such contract. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Fifty-four Thousand Dollars ($54,000) be hereby appropriated to fund the cost items for Fiscal Year 2014 as described in a collective bargaining agreement between the Town of Nantucket (represented by the Board of Selectmen) and Our Island Home union employees (represented by the Service Employees Union International, Local 1199) in accordance with Chapter 150E of the Massachusetts General Laws, and to meet these appropriations that Fifty-four Thousand Dollars ($54,000) be transferred from Our Island Home’s Fiscal Year 2014 operating budget as voted pursuant to Article 11 of the 2014 Annual Town Meeting; and, further, to amend the Town’s classification and compensation plan accordingly to reflect such contract. 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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Negotiations with the Public Works Union were not completed in time for an appropriation to be put forward before the 2014 Annual Town Meeting. 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 Page 22 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Negotiations with the Laborer’s Union were not completed in time for an appropriation to be put forward before the 2014 Annual Town Meeting. 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. Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: Negotiations with the Police Union were not completed in time for an appropriation to be put forward before the 2014 Annual Town Meeting. 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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 23 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: Negotiations with the Wannacomet Water Union were not completed in time for an appropriation to be put forward before the 2014 Annual Town Meeting. 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 7 Surfside Fiscal year 2015 Community Preservation Committee Affordable Housing reserved fund balance $160,000.00 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) FINANCE COMMITTEE MOTION: Moved that the unspent remainder of projects in prior years as listed below be transferred between the various accounts as follows: 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 Page 24 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 7 Surfside Fiscal year 2015 Community Preservation Committee Affordable Housing reserved fund balance $160,000.00 Total Transfers to Affordable Housing Reserved fund balance $210,000.00 Total Transfers to all three reserved fund balances $422,396.48 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 Page 25 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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. Page 26 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 27 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. (Kenneth Beaugrand, et al) FINANCE COMMITTEE MOTION: Moved that the following sums be appropriated or reserved for later appropriation from the Community Preservation Fund Fiscal Year 2015 revenues or other available funds as indicated herein, for the administrative and operating expenses of the Community Preservation Committee, the undertaking of community preservation projects and all other necessary and proper expenses, for Fiscal Year 2015 community preservation purposes as set forth herein, with each item considered a separate appropriation to be spent by the Community Preservation Committee, as shown below with strikeouts indicating deletions from the Community Preservation Committee article and highlighted text indicating additions/modifications: Purpose Amount Historic Preservation 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 Page 28 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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. Page 29 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 2014 , to be received in 2014 2015 $966,617 Page 30 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 housing restrictions for community housing; running in favor of an entity authorized by the Commonwealth to hold such restrictions for such expenditures; meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. ARTICLE 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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: It is the understanding of the Committee that the sponsor of this article withdrew his sponsorship because the Community Preservation Committee (in Article 30 of this Warrant) has recommended funds for FY 2015 for the purposes so stated. 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) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 31 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee supports referral of this Article to the Board of Selectmen’s Sewer Work Group for discussion and subsequent recommendations. 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) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The initial article from the 1991 Annual Town Meeting was advisory and not legally binding. The Town remains committed to providing appropriate services for visitors. From all funding sources, the Town overall spends more than the 30% amount of the room occupancy tax on town-wide visitor services and programs. BOARD OF SELECTMEN COMMENT: The Board of Selectmen does not support the Article. 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: 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. Page 32 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. BOARD OF SELECTMEN COMMENT: The Board of Selectmen does not support the Article. 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 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 Page 33 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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. Page 34 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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: (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); Page 35 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, is hereby amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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. section 4B: 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 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 Page 36 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. Delete section 12A in its entirety. 3. Insert a new section 12A as follows: B. Flood Hazard District Overlay (FHOD). (3) 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. (4) 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 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. Page 37 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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: (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); Page 38 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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. PLANNING BOARD COMMENT: Adoption of this Article is a federal requirement to implement updated Federal Emergency Management Agency (FEMA) floodplain maps and associated information. Availability of insurance for property owners will be negatively impacted if this Article is not adopted. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 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 Page 39 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended 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 29 86.2 56 N. Beach Street Page 40 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. PLANNING BOARD COMMENT: Implementation of phasing out the LC zoning district is being pursued in accordance with the timeframe prescribed in the 2009 Nantucket Master Plan. Certain properties were removed from this proposed rezoning based on concerns raised by neighborhood residents and property owners at the Planning Board public hearing. Further review of those properties will be referred to the Brant Point Area Plan Work Group for a future town meeting proposal. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 Page 41 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 42 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended as follows: 1. 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. 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 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 Page 43 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. PLANNING BOARD COMMENT: Implementation of phasing out the LC and RC zoning districts is being pursued in accordance with the timeframe prescribed in the 2009 Nantucket Master Plan. Certain properties were removed from this proposed rezoning based on concerns raised by neighborhood residents and property owners at the Planning Board public hearing. Further review of those properties will be referred to the Brant Point Area Plan Work Group for a future town meeting proposal. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 Page 44 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended 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 to CDT: S. Beach, Harbor View Way and Steamboat Wharf” dated December 2013 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 Page 45 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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: 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended as follows: 1. 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. 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 Page 46 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 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 Page 47 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended 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 42.3.2 84 37 Washington Street 42.2.3 34 39 Washington Street 42.2.3 35 53 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 Page 48 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 49 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended 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 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 Page 50 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended 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. Page 51 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended 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 All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 43 R-10 to CN: Fairgrounds Road” dated December 2013 and filed herewith at the Office of the Town Clerk. PLANNING BOARD COMMENT: The single property recommended for rezoning is better grouped with the lots contained in Article 42, which are all located along Old South Road. The Sparks Avenue and Hooper Farm Road properties have not been recommended at this time due to concern expressed by residential abutters. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 Page 52 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 53 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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) Page 54 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: The Board received significant written opposition to this Article. As a result, the proponent requested that the Board take no action. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. 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 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 Page 55 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended as follows: 1. 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 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 Page 56 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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: 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 Page 57 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. 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 68 201 6 Lovers Lane 68 200 8 Lovers Lane Page 58 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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: (a) All uses permitted on the lot requiring a special permit within the underlying district in which the lot is located. Page 59 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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 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 Page 60 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 property, in order to minimize impacts. Commercial loading and service Page 61 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. 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: Page 62 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (1) Except in the following approved area plan location, Mid-Island Planned Overlay District (MIPOD), 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. 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) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 11K, is hereby amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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) Except in the following approved area plan location: 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. Page 63 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (b) Any expansion or combination of expansions beginning on April 13, 1998, resulting in an aggregate increase of 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. PLANNING BOARD COMMENT: The Board determined that the changes proposed in this Article were policy-level issues that impact the entire town, thereby warranting discussion by the full legislative body – Town Meeting. FINANCE COMMITTEE COMMENT: The Finance Committee recognizes that the developer has requested that the Town Meeting take no action; however, the zoning change of the magnitude proposed has the potential to create infrastructure and other impacts that have financial repercussions to taxpayers. Consequently, the Committee urges the Planning Board and staff to arrive at a written agreement with the developer that both identifies and commits the developer to mitigate impacts that might arise from the rezoning, prior to this rezoning article coming before Town Meeting. The Committee appreciates the recognition of more thorough public review and looks forward to a more public discussion. Quantum of vote required for passage of the motion is 2/3 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 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 Page 64 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended as follows: 1. 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 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 Page 65 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 68 62 10 Davkim Lane 68 61 12 Davkim Lane 68 60 14 Davkim Lane 68 59 16 Davkim Lane 2. 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended 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 Page 66 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by taking the following actions: Page 67 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 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) Page 68 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended by placing the following properties currently located in the Limited Use General-2 (LUG-2) district in the Residential 40 (R-40) district: Map Lot Number Street 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. PLANNING BOARD COMMENT: Implementation of coordinating the zoning districts with their location in either the “town” or the “country” is being pursued in accordance with the timeframe prescribed in the 2009 Nantucket Master Plan. Four of the five properties, which are vacant land in single ownership, were removed from this proposed rezoning based on concerns raised by neighborhood residents and property owners at the Planning Board public hearing. Further review will be referred to the Surfside Area Plan Work Group for a future town meeting proposal. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 Page 69 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: This matter was referred to the Surfside Area Plan Work Group for a future town meeting proposal, which may include these and other neighboring properties. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. 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 Page 70 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended as follows: 1. 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. 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 Page 71 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 3. 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 Country – Miacomet Green Belt” dated December 2013 and filed herewith at the Office of the Town Clerk. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 Page 72 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended as follows: 1. Placing the following properties currently located in the Residential Commercial (RC) district in the Residential 40 (R-40) district: Page 73 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. 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. 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 4. 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 (a portion of) 46 Cato Lane 55 419 40 Cato Lane 5. 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 Page 74 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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: Page 75 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended as follows: 1. 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 Page 76 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 Page 77 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Motion to be provided at Town Meeting. 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 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) PLANNING BOARD MOTION: Moved to take no action on the Article. PLANNING BOARD COMMENT: Due to sensitivity regarding the impacts erosion has had to these properties, the Board chose to defer action. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Page 78 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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. Page 79 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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: 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. Page 80 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that the Zoning Map of the Town of Nantucket is hereby amended as follows: 1. 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 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. Page 81 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 73 80 Way 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. 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. 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. 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 33 22 Eel Point Road All as shown on a map entitled “2014 Annual Town Meeting Warrant Article 60: 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. Page 82 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 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… Page 83 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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. [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. Page 84 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 12B, is hereby amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text; 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, or his designee, 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, except for municipal use. 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 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. Page 85 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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)(r)[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. [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. Page 86 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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;… FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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 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 Page 87 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. (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 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 88 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 89 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 90 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 91 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 92 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 93 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 94 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions [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 95 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 96 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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 97 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 98 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 99 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 100 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 101 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Or to take any other action related thereto. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, is hereby amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text 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. Section 18: 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 a lot 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 differentiated from surrounding yard or landscaped areas. Continuous use of landscaped areas to meet parking needs shall be 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 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) Parking areas containing 5 or more spaces required for a commercial use shall be so arranged as not to require backing of vehicles onto any street or way. Page 102 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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. (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 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 103 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 104 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 105 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 106 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 107 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 108 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 of this chapter: (1) May be secured through the issuance of a special permit by the special permit granting authority 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 is physically impossible for the applicant to provide, or, if physically possible, would have a significant 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 Storage or office space ancillary to a commercial use 1 for each 900 square feet of gross floor area 0 spaces 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 109 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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; and (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, if physically possible, would have a significant adverse effect upon the scenic or historic Page 110 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 (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 Page 111 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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 public or private paved road shall have a cobblestone, Bbelgium Bblock, concrete, brick, or asphalt apron, or other hard surface material with a flared width of 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. Page 112 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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. Driveway width for commercial uses 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. Driveway access for residential uses 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 as shown in Option 1, below, 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 as shown in Option 2, below,. Tandem parking extensions to any such driveway configuration as shown in Options 3 and 4, below, may be allowed through the issuance of a special permit by the Planning Board. Page 113 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Page 114 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Page 115 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 116 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 117 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. FINANCE COMMITTEE COMMENT: A Finance Committee Comment may be provided at Town Meeting as the Planning Board Motion was not available to the Committee when it was finalizing its Motions and Comments. Quantum of vote required for passage of the motion is 2/3 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 Page 118 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 119 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 8C, is hereby amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text 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: Page 120 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Zoning District Minimum Original Lot Size (§ 139-16A) Minimum Secondary Lot Size Minimum Primary Lot Size LUG-1 40,000 15,000 25,000 LUG-2 80,000 25,000 55,000 LUG-3 120,000 35,000 85,000 R-40 40,000 15,000 25,000 R-10 10,000 4,000 6,000 R-20/SR-20 20,000 8,000 12,000 VR 20,000 8,000 12,000 R-1/SR-1 5,000 2,000 3,000 ROH/SOH 5,000 2,000 3,000 RC 5,000 2,000 3,000 RC-2 5,000 2,000 3,000 LC 5,000 2,000 3,000 R-5 5,000 2,000 3,000 (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 Page 121 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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: Page 122 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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 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: Page 123 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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 (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) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 33A is hereby amended, as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text 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 are 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. Page 124 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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. 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.; 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 structure does not increase its nonconforming nature and does not create any new nonconformities. 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 (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 not result in an increase in ground coverage unless in accordance with be governed by the maximum ground cover limitations set forth in § 139-33E(21) 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 Page 125 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 (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. FINANCE COMMITTEE COMMENT: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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- Page 126 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. (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: Page 127 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 33E, is hereby amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text 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, or at any time thereafter, 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.), was dimensionally compliant pursuant to such protection, 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 Page 128 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. (21) For a lot within the provisions of this § 139-33E, the maximum ground cover upon such lot shall be: (b) 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: (e) In the zoning district LUG-2 and LUG-3 zoning districts, such the side and rear yard setbacks shall be 10 feet; and (f) In the zoning district MMD zoning district, such the side and rear yard setbacks shall be 25 feet; but and FINANCE COMMITTEE MOTION: The Committee supports the Planning Board Motion. Quantum of vote required for passage of the motion is 2/3 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) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Page 129 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Nantucket, section 2A, is hereby amended 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): APARTMENT A dwelling unit located on the second or third floor or in the basement of within a commercial structure. An apartment(s) shall not occupy more than 50% of the first floor area and shall not be located in a first floor portion of the structure that serves as the front elevation facing a street… FINANCE COMMITTEE COMMENT: A Finance Committee Comment may be provided at Town Meeting as the Planning Board Motion was not available to the Committee when it was finalizing its Motions and Comments. Quantum of vote required for passage of the motion is 2/3 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) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, section 7A, is hereby amended 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 Page 130 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. 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); 4. In the “Use” column, change “Medical Marijuana Treatment Center” to “Registered marijuana dispensary”. FINANCE COMMITTEE COMMENT: A Finance Committee Comment may be provided at Town Meeting as the Planning Board Motion was not available to the Committee when it was finalizing its Motions and Comments. Quantum of vote required for passage of the motion is 2/3 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 up to 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: 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, Page 131 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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: 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 Page 132 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text 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. section 2, definitions, as follows: APARTMENT BUILDING A structure containing a maximum of up to eight (8) bedrooms in up to six (6) dwelling units on a single lot with no commercial or other uses shall be allowed in the following districts: 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. Page 133 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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, substantially below grade finished or unfinished space , decks and unenclosed porches not over or under an enclosed interior space, gazebos, platforms and steps, game playing courts at grade, uncovered in-ground residential swimming pools, chimneys, bulkheads, 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. 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. section 24B as follows: 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 Page 134 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. 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. FINANCE COMMITTEE COMMENT: A Finance Committee Comment may be provided at Town Meeting as the Planning Board Motion was not available to the Committee when it was finalizing its Motions and Comments. Quantum of vote required for passage of the motion is 2/3 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: Page 135 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 136 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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: Page 137 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 138 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket is hereby amended 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 Page 139 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 140 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 And, 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 Page 141 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 142 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 41 275.2 10 Grove Lane 41 392 26 New Lane 41 393 17 Grove Lane 41 376 21 Grove Lane 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. 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: 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 Page 143 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 144 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: TO BE PROVIDED AT THE TOWN MEETING BOARD OF SELECTMEN COMMENT: TO BE PROVIDED AT THE TOWN MEETING 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 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) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: This Article did not meet the requirements set forth by the Board of Sewer Commissioners, as reviewed by the administrative work group established to review sewer district expansion requests. 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) FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket is hereby amended by adding the following parcels to the Town Sewer District: Page 145 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 11, 13, 15, 17 and 19 Tashama Lane (Map 55, Parcels 470, 469, 468, 467, and 466, respectively). 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) FINANCE COMMITTEE MOTION: Moved that Chapter 41 (Board of Sewer Commissioners), section 41-3A (Town Sewer District) of the Code of the Town of Nantucket is hereby amended by adding the following parcels to the Town Sewer District: 3 Brewster Road, Assessor’s Map 54, Parcel 261 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. FINANCE COMMITTEE MOTION: Moved that Chapter 103 (Parking) of the Code of the Town of Nantucket is hereby repealed in its entirety. FINANCE COMMITTEE COMMENT: The Finance Committee supports the Board of Selectmen’s efforts in putting forward this Article so that when parking regulation amendments are needed, they may be made expeditiously, in accordance with the public hearing requirements of the Town Code. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports and recommends the adoption of the Finance Committee Motion. 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 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 Page 146 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 147 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 148 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that Chapter 103 (Parking) of the Code of the Town of Nantucket is hereby amended 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 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. Page 149 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (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 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 Page 150 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 COMMENT: The Board of Selectmen supports Article 75 as an alternative if Article 74 is not approved. 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 Page 151 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that Chapter 127 (Streets and Sidewalks), Article V (Removal of Animal Litter), section 127-9 (Areas encompassed by regulation) sections A and B are hereby stricken and replaced with the following: § 127-9. Areas encompassed by regulation. A. The Town and County of Nantucket, Massachusetts. 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) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Town frequently provides informational handouts to explain particularly complex articles in “layman’s terms” and has provided a “layman’s guide” to Town Meeting Warrant articles for this Town Meeting. 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. Page 152 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions (Ian Golding, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Committee recommends that this initiative be coordinated with a committee recently established by the Nantucket Planning & Economic Development Commission. 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 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 Page 153 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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 Page 154 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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. Page 155 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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. Page 156 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Committee encourages all involved in the Affordable Housing Trust to revisit the purpose of the Trust and come to a determination as to whether or not it makes sense to continue in the current environment. 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): Page 157 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. (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 Page 158 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. FINANCE COMMITTEE MOTION: Moved not to adopt the Article. 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) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. 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 Page 159 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below, and that the General Court may with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable towards perfecting the intent of this legislation in order to secure passage; 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. 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. Page 160 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Section 2. The area included in the county and town of Nantucket is hereby constituted a mosquito control project under section five A of chapter two hundred and fifty-two of the General Laws, to the same extent as if so constituted by the state reclamation board acting under said section five A, and the improvements herein authorized shall be undertaken under the identifying name of the Nantucket Mosquito Control Project. Section 3. There shall be a commission as provided under said section five A of chapter two hundred and fifty-two which shall consist of five members. The members shall be appointed by the board of selectmen, subject to approval of the state reclamation board. Of the members first appointed hereunder, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years, and each shall serve until the qualification of their respective successors. Upon the expiration of the term of any member, his successor shall be appointed in like manner for a term of five years. The commission shall elect its own chairman and clerk and shall keep accurate records of its meetings. 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. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below 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. 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 Page 161 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. 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 pending before the legislature, which were not acted upon by December 31, 2013, will expire unless renewed by a confirmatory town meeting vote. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation set forth below and that the General Court 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 Page 162 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Section 1. Notwithstanding the provisions of section 5(a) of chapter 44B of the general laws, or of any other general or special law to the contrary, where the historical commission of the town of Nantucket created under section 8D of chapter 40 did not exist at the time the Community Preservation Act was adopted by said town, the community preservation committee in the town of Nantucket shall include one member of the historic district commission established under section 4 of chapter 40C of the general laws, as selected by the commission, in place of one member of the historical commission. Provided, however, that the preceding sentence shall not be interpreted to preclude the town of Nantucket from including a member of said historical commission on the community preservation committee either by appointment or election consistent with the then applicable community preservation committee bylaw. Section 2. This act shall take effect upon passage. ARTICLE 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) Page 163 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions the right to dedicate, construct, or otherwise establish parking areas consistent with the purpose of restriction (1) above; and (4) a right of reverter clause for a reversion of title to the Town in the event the above restrictions are violated, all as shown on a map entitled “2013 Annual Town Meeting Warrant Article 60” dated January 2013 and filed herewith at the Office of the Town Clerk. Section 3. The provisions of Chapter 30B of the Massachusetts General Laws and any rights of first refusal of the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws shall not be applicable to any conveyance authorized hereunder. Section 4. This Act shall take effect upon passage. Or to take any other action relative thereto. (Board of Selectmen) NOTE: A home rule petition was approved as Article 14 of the October 22, 2012 Special Town Meeting 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. FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested, 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, Page 164 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions which may include the reservation of easements and restrictions and provided that the following easements and restrictions are placed on the property prior to its conveyance: (1) an easement for purposes of access to the beach and for use as a beach, otherwise known as the “One Big Beach Easement”; (2) an easement preserving the right to use two (2) traveled ways that cross the subject property for all purposes for which public ways are commonly used; (3) the right to dedicate, construct, or otherwise establish parking areas consistent with the purpose of restriction (1) above; and (4) a right of reverter clause for a reversion of title to the Town in the event the above restrictions are violated, all as shown on a map entitled “2013 Annual Town Meeting Warrant Article 60” dated January 2013 and filed herewith at the Office of the Town Clerk. Section 3. The provisions of Chapter 30B of the Massachusetts General Laws and any rights of first refusal of the Commonwealth under the provisions of Section 14 of Chapter 34 of the General Laws shall not be applicable to any conveyance authorized hereunder. Section 4. This Act shall take effect upon passage. ARTICLE 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; Page 165 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested, 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 166 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. 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 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 Page 167 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby 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 Page 168 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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 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. 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) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. 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) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. 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 Page 169 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions the legislation set forth below, and that the General Court be authorized, with the approval of the Nantucket Board of Selectmen, to vary the specific text of the requested petition within the scope of the public policy objectives of the Home Rule Petition set forth below, or take any other action relative thereto: An Act relative to Retirement Benefits for Employees of the Town and County of Nantucket SECTION 1. Notwithstanding section 1 of chapter 32 of the General Laws, or of any other general or special law to the contrary, no individual commencing employment with the Town or County of Nantucket on or after the effective date of this Act shall be deemed an “employee” under section 1 of said chapter 32 nor otherwise be eligible by virtue of employment with said Town or County to participate in the Barnstable County Retirement System or in any other contributory retirement system operated by the Commonwealth or any political subdivisions thereof. This Act shall not preclude persons employed by the Town or County of Nantucket from participating in a so-called IRC Section 457 plan or comparable plan as may be sponsored by said Town or County. SECTION 2. This act shall take effect upon its passage. (Craig Spery, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The Committee recommends that the Personnel Compensation Review Committee broaden its charge to include the conception of a 401k-style plan to give employees choice. 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. Page 170 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. Or to take any other action related thereto. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. FINANCE COMMITTEE COMMENT: The state has rules and regulations in place to protect citizens in terms of this industry and the Committee is not convinced that Nantucket needs to be exempted. 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) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce the legislation 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 Page 171 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. 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) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized 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, 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. 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; Page 172 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized 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 also to transfer the sum of Five Hundred Thousand Dollars ($500,000) from the Proceeds from Real Estate Sales Account 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. BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Article. Quantum of vote required for passage of the motion is 2/3 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) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized 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 Page 173 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. 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); • 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); Page 174 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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); • 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); Page 175 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized 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); • 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); Page 176 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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); • 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); Page 177 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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). 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. 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); Page 178 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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); • 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); Page 179 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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); 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) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized 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); Page 180 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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); • 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); Page 181 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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); 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. 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); Page 182 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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 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) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized 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); Page 183 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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). 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. 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); Page 184 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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); 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) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized 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); Page 185 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions • 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); 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. 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) FINANCE COMMITTEE MOTION: Moved that the Town accepts 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 that the Board of Selectmen is hereby authorized to acquire by purchase, gift, eminent domain, or otherwise the fee or any lesser interest in said roadways. 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, Page 186 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that 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. is hereby transferred 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 that the vote on Warrant Article 98 of the 2009 Annual Town Meeting is hereby rescinded 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. Quantum of vote required for passage of the motion is 2/3 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; Page 187 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE: Moved that the care, custody, management and control of the parcels listed below are hereby transferred to the Board of Selectmen for the purpose of conveyance and that the Board of Selectmen is hereby authorized 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. Quantum of vote required for passage of the motion is 2/3 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) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 188 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions 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) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized 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. 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) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized 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. 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. Page 189 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Or to take any other action related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. 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. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on the Article. Page 190 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report PLANNING BOARD REPORT Chapter 40A, section 5 of the Massachusetts General Laws authorizes the Planning Board (hereafter the Board) to issue an advisory report to Town Meeting. Although a motion for Articles 35 through 68 is printed in the Warrant, this report provides additional information to help voters understand the basis for each motion. In an effort to provide better information about the planning process, the Board feels it is important to add this report and a glossary to the Warrant. The Board is guided by the approved Master Plan, unanimously accepted by Town Meeting in April of 20091 . Overall, the Board’s motions are consistent with the goals and policies of the Master Plan and they represent a balanced approach to guiding the community’s future physical development. The information on each article is as follows: Articles 36 through 43, 45, and 49 through 60 are Zoning Map changes sponsored by the Planning Board and Article 44 is citizen sponsored. In their development and review, the Board considered compliance with the Master Plan, including, but not limited to, such policies as:  Advancing Master Plan actions identified in the “Zoning District Implementation Schedule”2  Matching zoning districts with the character of the surrounding area. 3  Phasing out certain zoning districts 4  Fostering the creation of area plans and removing commercial zoning from exclusively residential areas 5  Encouraging small neighborhood centers with mixed-use development 6  Addressing issues in 4 of 18 identified Planning Areas 7 The Board only recommended articles that either advance or compliment policy and implementation goals. Overall, the proposed map changes match the existing character of the area with the designated zoning districts, remove commercial development potential in exclusively residential areas, and focus and preserve commercial development and uses in appropriate areas. Several articles were not recommended including 44, a citizen sponsored article that generated controversy and opposition, 53 (referred for study) and 59, (involving erosion damaged property in Siasconset). Portions of other articles were referred to the NP&EDC’s area plan process for further study/recommendations including 36, 37, 38 (Brant Point), 43 (Mid-Island) and 52, 53, 54 (Surfside). Articles 35, 46, 47, 48 and 61 through 68 are Zoning Bylaw amendments. 1 Warrant Article 26 of the 2009 Annual Town Meeting 2 2009 Nantucket Master Plan, Figure 39, page 90 (Articles 36 through 42, 45,49 through 51,55 and 60) 3 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.3, page 90 (Articles 36 through 42,45,49 through 51,54 through 57,59 and 60. 4 2009 Nantucket Master Plan, Goal 2.1, Policy 2.1.1a, page 90( Articles 36 through 42, 45, 49 through 51, 55 and 60) 5 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.1 and 2.2.3, page 91 (Articles 36,39,40,41 and 55) 6 2009 Nantucket Master Plan, Goal 2.2 Policy 2.2.2, page 91 (Articles 37,42,43 and 45) 7 2009 Nantucket Master Plan, Figure 17, page 48 (Articles 36 through 42, 45, 49 through 51, 55 and 60) Page 191 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Planning Board Report Article 35 adopts new FEMA maps as part of the national flood insurance program. Its passage is essential to preserve the Town’s eligibility to participate. Citizen-sponsored Articles 46 and 48 and Planning Board sponsored corrective Article 47 are related to proposed development in the Naushop Area Plan boundary at Old South Road and Lovers Lane. These articles are not recommended as requested by the sponsors, for further due diligence. Planning Board sponsored Articles 61, 62, 63, 64, 65, 67 and 68 and citizen sponsored Article 66 have direct and indirect Master Plan relevance and they were supported by the Planning Board for valid planning or common sense practice. Article 61 updates language of the Public Wellhead Recharge District (PWRD). Parking, driveway, screening and off-street loading section changes are in Article 62. The article is part simplification/reorganization/removing duplicative language of other sections and includes substantive changes including: • Removing parking requirements in the Commercial-Downtown (CDT) zoning district. • Expanding parking options in the Residential-5 (R-5) zoning district. Article 63 changes the Secondary Lot provision of the bylaw, aligning the permitting process to one board, eliminating the option from zoning districts being phased out and other clarifications. Articles 64 and 65 clarify language regarding “grandfathered” uses, structures and lots. Citizen sponsored Article 66 amends the definition of apartments in mixed use commercial buildings to allow a portion of first floors to be used as residences, which was modified by the Planning Board to limit apartment use to no more than 50% and not facing front elevations to preserve street level commercial activity. Articles 67 and 68 have straightforward changes to uses and technical matters. The Planning Board recognizes the hard work of its staff, the active participation by citizens, and appreciates the thoughtful review of these articles by Town Meeting voters. If you have questions or concerns about the zoning articles, we encourage you to seek answers in advance of Town Meeting from individual Board members or contact PLUS staff at 508-325- 7587. Page 192 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary ZONING ARTICLE GLOSSARY The Planning Board has provided this glossary to serve as a summarized reference for selected terms in Articles 35 through 68. The entire Zoning Bylaw (Chapter 139 of the Code of the Town of Nantucket) and maps (under Town Meetings and Elections) can be further researched at www.nantucket-ma.gov. Articles 36, 37, 38, 39, 40, 41, 42, 43, 45, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, and 60. The intensity regulations for zoning districts are referenced below. Yard Setback District Defined in § 139-3 Minimum Lot Size (square feet) Front (feet) Side/Rear (feet)** Frontage (feet)* Ground Cover Ratio LUG-1 40,000 35 10 100 7% LUG-2 80,000 35 15 150 4% LUG-3 120,000 35 20 200 3% R-1 5,000 10 5 50 30% R-5 5,000 10 Side: 10 minimum on one side; 5 thereafter Rear: 5 50 40% R-10 10,000 20 10 75 25% SR-10 10,000 15 5 75 25% SR-20 20,000 30 10 75 12.50% V-R 20,000 20 10 100 10.0% R-20 20,000 30 10 75 12.5% R-40 40,000 30 10 75 10.0% ROH 5,000 None 5 50 50% CDT 3,750 None Side: none Rear: 5 35 75% RC 5,000 None 5 40 50% RC-2 5,000 10 5 40 50% LC 5,000 None 5 40 50% CN 7,500 10 Side: 5 Rear: 10 50 40% CTEC 10,000 10 Side: 5 Rear: 10 50 40% VN 10,000 10 10 50 30% Page 193 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Spot Zoning – the Massachusetts Supreme Judicial Court found that spot zoning occurs where one lot or a small area has been singled out for treatment less onerous than that imposed upon nearby, indistinguishable properties. The Court of Appeals has found that spot zoning arises “where a zoning change is designed solely for the economic benefit of the owner of the property receiving special treatment and is not in accordance with a well considered plan for the public welfare.” (Source: Massachusetts Municipal Association) “In assessing spot zoning challenges, it is quite proper to consider the effect of the zoning change on the municipality as a whole. The court now favors a balancing test to assess a spot zoning challenge. This is especially important where the growth of the municipality has been addressed by a plan.” Challenges alleging spot zoning have a heavy burden of proof, as great weight is given to validity arising from the Town Meeting process. The total area being rezoned is only important where it is not Country Overlay District (COD) – a zoning overlay district encompassing those areas not included in the Town Overlay District. The purpose of the COD is to preserve areas characterized by traditional and historic rural land use patterns and to discourage the spread of dispersed development patterns that promote automobile dependency. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12F) an extension of a district by the inclusion of border lots. Generally, newly established zoning areas greater than two acres are not considered to be a spot zone. (Source: Bobrowski, Mark “Handbook of Massachusetts Land Use and Planning Law” pages 91through 95) Town Overlay District (TOD) – a zoning overlay district encompassing those areas not included in the Country Overlay District. The purpose of the TOD is to encourage development within an area where infrastructure already exists or can be extended without undue expense, to create opportunities to produce affordable housing for year-round residents through in-fill development and to create development patterns that are conducive to service by alternatives to the automobile, such as transit, bicycle, and pedestrian systems. (Source: Chapter 139 of the Code of the Town of Nantucket, section 12E) Special Permit – requires a super-majority (4 out of 5 members in favor) vote of the special permit granting authority. Special permits may impose conditions, safeguards, and limitations intended to ensure that the use or structure is in harmony with the general purpose and intent of the Zoning Bylaw. (Source: Chapter 139 of the Code of the Town of Nantucket, section 30) Accessory Use – separate structures, buildings or uses which are subordinate and customarily incidental to a principal structure, building or use located on the same lot. Accessory uses shall not be construed to include a building or structure used in whole or in part for human habitation. (Source: Chapter 139 of the Code of the Town of Nantucket, section 2) Public Wellhead Recharge District (PWRD) - an overlay district covering a portion of the center of the Island where subsurface water resources (aquifer) are located and drawn for the public water supply. The purpose of the PWRD’s regulations is to “preserve the quality and quantity of the Town’s groundwater resources in order to insure a safe and healthy public water supply.” (Source: Chapter 139 of the Code of the Town of Nantucket, section 12) Page 194 Town of Nantucket 2014 Annual Town Meeting Warrant with Finance Committee Motions Zoning Article Glossary Area Plan Process - the Nantucket Planning and Economic Development Commission (NP&EDC) has developed a participatory process to foster and facilitate the implementation of the land use and other relevant sections of the 2009 Master Plan. The areas are designated, mapped, and volunteer advisory members are appointed. The topics that each group evaluates are the nine elements of an MGL Chapter 41 section 81D master plan. A final plan is accepted by the NP&EDC. Final plans have been completed for Brant Point, Mid Island, Naushop Crossing, Siasconset, Surfside and Tom Nevers. (Source: Goal 2.2, Policy 2.2.1, Nantucket Master Plan)