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HomeMy WebLinkAbout2001 Annual Town Meeting Warrant-FinCom Motions TOWN OF NANTUCKET 2001 ANNUAL TOWN MEETING WARRANT with Motions from the Finance Committee 7:00 PM, Monday, April 9, 2001 Nantucket High School Auditorium ii Town of Nantucket 16 Broad Street Nantucket, MA 02554 508-228-7255 www.town.nantucket.ma.us BOARD OF SELECTMEN Timothy M. Soverino, Chairman Francis “Isky” Santos, Vice-Chairman Arthur L. Desrocher Rev. Georgia Ann Snell Stephen L. Bender FINANCE COMMITTEE Philip D. Bartlett, Chairman John W. Atherton, Jr., Vice-Chairman Gregory Keltz Pamela L. Killen Bruce D. Miller T. Channing Moore Nancy J. Sevrens Richard Sykes Stephen Welch 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 Administrator, 16 Broad Street, Nantucket, MA 02554, (508) 228-7255. IF YOU NEED A LARGE PRINT VERSION OF THIS DOCUMENT, PLEASE CONTACT THE TOWN ADMINISTRATOR’S OFFICE AT 228-7255. iii TOWN OF NANTUCKET 2001 ANNUAL TOWN MEETING INDEX OF WARRANT ARTICLES Article Number Page Number 1 Receipt of Reports ........................................................................................... 1 2 Appropriation: Unpaid Bills .............................................................................. 1 3 Appropriation: Prior Year Articles .................................................................... 6 4 Revolving Accounts: Annual Authorization ...................................................... 6 5 Appropriation: Reserve Fund ........................................................................... 6 6 FY 2001 Budget Transfers .............................................................................. 7 7 Personnel Compensation Plans for FY 2002 .................................................. 8 8 Appropriation: FY 2002 General Fund Operating Budget.............................. 12 9 Appropriation: Health and Human Services .................................................. 15 10 Appropriation: General Fund Capital Expenditures ....................................... 16 11 Appropriation: FY 2002 Enterprise Funds Operating Budgets ...................... 16 12 Appropriation: Airport/Adjustment of Prior Year Fiscal Budget ...................... 17 13 Appropriation: Enterprise Funds Capital Expenditures .................................. 18 14 Appropriation: Enterprise Funds Capital Expenditures Requiring Lease/Purchase Agreements ........................................................................ 19 15 Enterprise Funds: Fiscal Year 2001 Budget Transfers ................................. 19 16 Appropriation: County Assessment .............................................................. 19 17 Appropriation: Finalizing Fiscal Year 2002 County Budget ......................... 20 18 Appropriation: Sanford Fund ........................................................................ 20 19 Appropriation: State Highway Maintenance.................................................. 20 20 Appropriation: Chapter 90 Roadwork ........................................................... 21 21 Appropriation: Chapter 90 Roadwork/Supplemental Appropriation/FY 01 ... 21 22 Appropriation: Reimbursement of Legal Fees .............................................. 22 23 Zoning Bylaw Amendment: Interim Growth Rate/Miller ................................ 22 24 Zoning Bylaw Amendment: Interim Growth Rate Exemptions ...................... 23 25 Zoning Map Change: Low Beach Road/Sconset .......................................... 24 26 Zoning Bylaw Amendment: Sconset Zoning District/Eldridge ....................... 28 27 Zoning Bylaw Amendment: Curb Cuts ......................................................... 29 28 Zoning Bylaw Amendment: Special Permits ................................................. 35 29 Zoning Bylaw Amendment: Major Commercial Development/Loftin ............. 36 30 Zoning Bylaw Amendment: Interim Growth Rate Exemptions/Bovers .......... 37 31 Zoning Bylaw Amendment: Residential Commercial Districts, Occupancy/Holland ......................................................................... 37 32 Zoning Bylaw Amendment: Residential Commercial Districts, Exceptions/Pardi ............................................................................. 37 33 Zoning Bylaw Amendment: Accessory Apartments ...................................... 38 34 Zoning Bylaw Amendment: Multi-Family Overlay District, Accessory Apartments/Barnes ........................................................................................ 40 iv Article Number ..................................................................................... Page Number 35 Zoning Bylaw Amendment: Affordable Housing ........................................... 41 36 Zoning Bylaw Amendment: Nantucket Housing Needs Program ................. 43 37 Zoning Bylaw Amendment: Neighborhood Employee Housing Overlay District ................................................................................ 49 38 Zoning Bylaw Amendment: Dormitory Overlay District ................................. 57 39 Zoning Bylaw Amendment: Large Scale Residential Development/Barnes ..................................................................................... 64 40 Bylaw Amendment: Smoking in Certain Places/Rector ................................ 67 41 Bylaw Amendment: Streets and Sidewalks/Silverstein ................................. 71 42 Bylaw Amendment: Streets and Sidewalks/Silverstein ................................. 72 43 Bylaw Amendment: Nitrogen Management/Austin ....................................... 73 44 Bylaw Amendment: Wetlands ...................................................................... 75 45 Bylaw Amendment: Beaches, Regulation of Motor Vehicles on/Corry .......................................................................................... 76 46 Acceptance of Massachusetts General Law for Community Preservation Act ........................................................................................... 76 47 Bylaw Amendment: Community Preservation Committee ............................ 77 48 Home Rule Petition: Nantucket Islands Land Bank Fee ............................... 79 49 Home Rule Petition: Affordable Housing Covenants .................................... 80 50 Home Rule Petition: Limitations on Motor Vehicles ...................................... 81 51 Home Rule Petition: Summer Special Police ............................................... 83 52 Home Rule Petition: Raising of Parking Fines .............................................. 84 53 Home Rule Petition: Nantucket Housing Authority ....................................... 85 54 Untreated Stormwater Discharge/Austin ....................................................... 87 55 Chemical Pesticides/Austin ........................................................................... 88 56 Acceptance of Massachusetts General Law Relating to Excise Tax on Aircraft Fuel/Young ................................................................ 89 57 Underground Wire Burial Agreement/Butler .................................................. 89 58 Public Hearing Requirement for Committee Appointments/Rector ................ 90 59 Dedication of Land for Harbor Access, Madaket/Erichsen ............................ 90 60 Real Estate Acquisition: Land Near Airport .................................................. 91 61 Real Estate Disposition: Long-term Lease Authorization/ Land Near Airport .......................................................................................... 91 62 Real Estate Disposition: Long-term Lease Authorization/ Land for Recreational Purposes .................................................................... 91 63 Real Estate Disposition: Long-term Lease Authorization/ School Department ........................................................................................ 92 64 Real Estate Acquisition: Owner’s Unknown Parcels ..................................... 92 65 Real Estate Conveyance: Easement/Landfill ............................................... 93 66 Real Estate Conveyance: Easement/Okorwaw Street ................................. 93 67 Appropriation: Stabilization Fund .................................................................. 94 68 Appropriation: Free Cash ............................................................................. 94 NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS. Page 5 2001 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 2000 Annual Town Report or as may come before this meeting. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the reports of various departments and committees as printed in the Fiscal Year 2000 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 Sixteen Thousand Four Hundred Fifty-four Dollars and Sixty-Nine Cents ($16,454.69) be raised and appropriated from the FY 2002 tax levy and other general revenues to pay the following unpaid bills from previous fiscal years: GENERAL FUND UNPAID BILLS DEPARTMENT VENDOR AMOUNT Finance MicroWarehouse $91.02 Park & Recreation Town of Nantucket $90.00 Public Works Harold R. Wheldon $11,535.20 Public Works Brake & Clutch, Inc. $98.64 School WearGuard $54.33 School Poet’s Corner Press $198.50 School Town of Nantucket $337.00 Selectmen Blackwell & Associates, Inc. $3,900.00 Selectmen American Arbitration Association $150.00 TOTAL $16,454.69 ENTERPRISE FUND UNPAID BILLS FUND VENDOR AMOUNT Wannacomet Water George P. Butterworth, MD $110.00 TOTAL $110.00 And, further that One Hundred Ten Dollars ($110.00) be appropriated from FY 01 Anticipated Revenues for Wannacomet Water. Page 6 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds in Articles voted in prior years. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on this Article. Funding from prior year articles is contained in the recommendation for Article 8. 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 General Laws of the Commonwealth. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below are hereby authorized to continue during FY 2002 as follows: 1. Beach Improvement Revolving Fund, which Fund shall be administered in accordance with Chapter 56, Section 7A of the Code of the Town of Nantucket and shall have a spending limit not to exceed One Hundred Seventy-five Thousand Dollars ($175,000); 2. Tennis Court Revolving Fund, to be administered by the Park & Recreation Commission to expend the receipts received from fees collected at the Charles J. Gardner Tennis Courts for the operation and maintenance of the facility and housing for associated seasonal staff, which Fund shall have a spending limit not to exceed Three Hundred Thousand Dollars ($300,000). 3. To establish a new Conservation Commission Revolving Fund as follows: 1.) The programs and purposes for which the new revolving fund may be expended: consulting services to be provided in connection with the professional review of applications; 2.) the department receipts which shall be credited to the revolving fund: the Town’s share of receipts received from application fees collected by the Commission; 3.) the spending authority for such fund: the Conservation Commission; 4.) the spending limit: $80,000. 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 in accordance with Chapter 40, section 6 of the General Page 7 2001 Annual Town Meeting Warrant with Finance Committee Motions Laws, to provide for extraordinary and unforeseen expenditures which may arise during Fiscal Year 2002, beginning July 1, 2001 and ending June 30, 2002; said sum not to exceed five percent (5%) of the Fiscal Year 2002 tax levy. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Four Hundred Fifty Thousand Dollars ($450,000) be raised and appropriated from the FY 2002 tax levy and other general revenues to establish a Reserve Fund for FY 2002 pursuant to Chapter 40, Section 6 of the General Laws. ARTICLE 6 (Fiscal Year 2001 Budget Transfers) To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2001 operating budget from other line items of said budget and from other available funds. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following FY 2001 budget transfers be made: FROM TO AMOUNT Finance Department (Salaries) Finance Department (Expenses) $10,000 Park & Recreation Commission (Salaries) Park & Recreation Commission (Expenses) 25,000 Conservation Commission (Salaries) Conservation Commission (Expenses) 40,400 Visitor Services (Salaries) Reserve Fund 3,000 Group Insurance (Salaries) Our Island Home (Salaries) 30,000 Group Insurance (Salaries) Our Island Home (Expenses) 50,000 Group Insurance (Salaries) Conservation Commission (Expenses) 54,500 Group Insurance (Salaries) Legal Services (Expenses) 40,000 Group Insurance (Salaries) Historic District Commission (Expenses) 7,400 Group Insurance (Salaries) Reserve Fund 68,100 Finance Committee (Expenses) Reserve Fund 5,000 Visitor Services (Salaries) Reserve Fund 1,000 Page 8 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2002) To see if the Town will vote to adopt the following Compensation Plans for FY 2002 (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods used to denote changes are not meant to become part of the final text): Schedule A -- Full-time/Non-union Administrative Employees and Laborer’s Union Administrative and Supervisory Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule B -- Full-time/Non-union Hourly Employees and Laborer’s Union Clerical Employees COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule C – Laborer’s Union Department Head Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule D -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member).......... $600.00 Americans with Disabilities Act Facilitator (hourly) ................... 15.00 Building Inspector, Assistant (hourly) ....................................... 30.00 Dietician/Our Island Home (hourly) .......................................... 33.00 Election Warden (hourly) ............................................................ 7.00 10.00 Election Worker (hourly) ............................................................. 5.25 8.50 EMT, Call (per call) .................................................................. 15.00 Fire Captain, Call (yearly) ....................................................... 150.00 Fire Fighter, Call (per call) ........................................................ 15.00 Fire Lieutenant, Call (yearly) .................................................. 125.00 Fire Chief, Second Deputy (yearly) ..................................... 5,000.00 Fire Chief, Third Deputy (yearly) ......................................... 5,000.00 Plumbing Inspector, Assistant (hourly) ..................................... 30.00 Registrar of Voters (yearly) .................................................... 600.00 Registrar, Temporary Assistant (hourly) ................................... 10.00 Sheriff, Deputy (yearly)........................................................ 3,500.00 Teen Center Staff (hourly) ........................................................ 11.00 Teen Center Staff/Second Year (hourly) .................................. 12.00 Temporary Employee ......................................... various rates of pay Wiring Inspector, Assistant (hourly) ......................................... 30.00 Veterans' Agent (hourly) ........................................................... 15.00 Page 9 2001 Annual Town Meeting Warrant with Finance Committee Motions Schedule E -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2001- April 14, 2002) Compensation Level Start Second Season Third Season A-Hourly* $10.00 11.00 $11.00 12.00 $12.00 13.00 B-Hourly* $10.50 11.50 $11.50 12.50 $12.50 13.50 C-Hourly* $11.50 12.50 $12.50 13.50 $13.50 14.50 D-Hourly* $12.00 13.00 $13.00 14.00 $14.00 15.00 E-Hourly* $14.50 15.00 $15.00 15.50 $15.50 16.00 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Information Aide, Matron B: Tennis Instructor, Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works) C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock Worker, Laborer (Park & Recreation) D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Instructor, Laborer (Park & Recreation) E. Lifeguard Supervisor, Madaket Harbormaster Schedule F -- Scallop Season Compensation Schedule $35.00/day to be paid when scalloping activity is taking place. Schedule G -- Our Island Home Registered Nurse Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule H -- Department of Public Works Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule I -- Fire Department Union Compensation Schedule CONTRACT CURRENTLY UNDER NEGOTIATION Schedule J -- Our Island Home Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule K -- Police Department Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule L – Dispatchers’ Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule M -- Compensation Schedule for Elected Officials* Moderator .......................... $150 per year Page 10 2001 Annual Town Meeting Warrant with Finance Committee Motions Selectman, Chair ............... $5,000/per year Selectmen ......................... $3,500/per year Register of Deeds ............. SD Sheriff ................................ SE Town Clerk ........................ SD Level Start After 12 Mos. After 24 Mos. After 36 Mos. After 48 Mos. After 60 Mos. After 72 Mos. After 84 Mos. A $33,549 $35,226 $36,987 $38,836 $40,780 $42,818 $44,958 $47,207 B $38,688 $40,623 $42,653 $44,786 $47,026 $49,377 $51,845 $54,439 C $44,713 $46,948 $49,296 $51,762 $54,349 $57,067 $59,919 $62,915 D $50,463 $52,986 $55,635 $58,417 $61,339 $64,405 $67,627 $71,007 E $55,540 $58,316 $61,232 $64,294 $67,507 $70,883 $74,428 $78,150 F $60,557 $63,585 $66,765 $70,103 $73,607 $77,288 $81,153 $85,210 Longevity pay: After completion of five (5) years ....................... 2% of base annual pay After completion of ten (10) years ..................... 3% of base annual pay After completion of fifteen (15) years ................ 4% of base annual pay After completion of twenty (20) years ................ 5% of base annual pay *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following Compensation Plans be adopted for FY 2002: Schedule A -- Full-time/Non-union Administrative Employees and Laborer’s Union Administrative and Supervisory Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule B -- Full-time/Non-union Hourly Employees and Laborer’s Union Clerical Employees COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule C – Laborer’s Union Department Head Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule D -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) ......... $600.00 Americans with Disabilities Act Facilitator (hourly) ................. 15.00 Building Inspector, Assistant (hourly)....................................... 30.00 Dietician/Our Island Home (hourly) ........................................... 33.00 Election Warden (hourly) ............................................................ 10.00 Election Worker (hourly) ............................................................... 8.50 EMT, Call (per call) ...................................................................... 15.00 Fire Captain, Call (yearly) ......................................................... 150.00 Page 11 2001 Annual Town Meeting Warrant with Finance Committee Motions Fire Fighter, Call (per call) .......................................................... 15.00 Fire Lieutenant, Call (yearly) .................................................... 125.00 Fire Chief, Second Deputy (yearly) ....................................... 5,000.00 Fire Chief, Third Deputy (yearly) ........................................... 5,000.00 Plumbing Inspector, Assistant (hourly)..................................... 30.00 Registrar of Voters (yearly) ...................................................... 600.00 Registrar, Temporary Assistant (hourly) ................................... 10.00 Sheriff, Deputy (yearly) .......................................................... 3,500.00 Teen Center Staff (hourly) .......................................................... 11.00 Teen Center Staff/Second Year (hourly) .................................... 12.00 Temporary Employee .......................................... various rates of pay Wiring Inspector, Assistant (hourly) .......................................... 30.00 Veterans' Agent (hourly) ............................................................. 15.00 Schedule E -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2001- April 14, 2002) Compensation Level Start Second Season Third Season A-Hourly* $11.00 $12.00 $13.00 B-Hourly* $11.50 $12.50 $13.50 C-Hourly* $12.50 $13.50 $14.50 D-Hourly* $13.00 $14.00 $15.00 E-Hourly* $15.00 $15.50 $16.00 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Information Aide, Matron B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works) C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock Worker D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Instructor, Laborer (Park & Recreation) E. Lifeguard Supervisor, Madaket Harbormaster Schedule F -- Scallop Season Compensation Schedule $35.00/day to be paid when scalloping activity is taking place. Schedule G -- Our Island Home Registered Nurse Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule H -- Department of Public Works Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Page 12 2001 Annual Town Meeting Warrant with Finance Committee Motions Schedule I -- Fire Department Union Compensation Schedule CONTRACT CURRENTLY UNDER NEGOTIATION Schedule J -- Our Island Home Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule K -- Police Department Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule L – Dispatchers’ Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule M -- Compensation Schedule for Elected Officials* Moderator ......................... $150 per year Selectman, Chair ............. $5,000/per year Selectmen ........................ $3,500/per year Register of Deeds ............ SD Sheriff ............................... SE Town Clerk ....................... SD Level Start After 12 Mos. After 24 Mos. After 36 Mos. After 48 Mos. After 60 Mos. After 72 Mos. After 84 Mos. A $33,549 $35,226 $36,987 $38,836 $40,780 $42,818 $44,958 $47,207 B $38,688 $40,623 $42,653 $44,786 $47,026 $49,377 $51,845 $54,439 C $44,713 $46,948 $49,296 $51,762 $54,349 $57,067 $59,919 $62,915 D $50,463 $52,986 $55,635 $58,417 $61,339 $64,405 $67,627 $71,007 E $55,540 $58,316 $61,232 $64,294 $67,507 $70,883 $74,428 $78,150 F $60,557 $63,585 $66,765 $70,103 $73,607 $77,288 $81,153 $85,210 Longevity pay: After completion of five (5) years ................... 2% of base annual pay After completion of ten (10) years .................. 3% of base annual pay After completion of fifteen (15) years ............ 4% of base annual pay After completion of twenty (20) years ............ 5% of base annual pay *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 2002 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 Page 13 2001 Annual Town Meeting Warrant with Finance Committee Motions for FY 2002. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following FY 2002 operating budget be established for the various offices, departments, boards and commissions of the Town as follows: Department FY 02 Payroll FY 02 Expenses FY 02 Total Budget FY 01 Total Budget GENERAL GOVERNMENT Conservation Commission 74,393 20,010 94,403 125,985 Disability, Commission on 10,663 3,430 14,093 14,030 Finance Committee 19,000 19,000 21,000 Finance Department 855,829 263,372 1,119,201 1,366,158 HDC 150,279 21,910 172,189 176,044 Information Systems/GIS* 134,692 132,778 267,470 Legal - 294,314 294,314 284,314 Moderator - 350 350 350 Non-Voting Taxpayers' Advisory Comm. - - - 500 NP & EDC 275,687 46,348 322,035 303,272 Personnel Board - 9,700 9,700 9,700 Planning Board 40,090 7,561 47,651 42,411 Selectmen 274,029 110,000 384,029 620,424 Town Clerk 106,222 47,853 154,075 147,488 Zoning Board of Appeals 62,496 18,358 80,854 76,061 *Information Systems/GIS was formerly contained in Finance Dept. budget Subtotal 1,984,380 994,984 2,979,364 3,187,737 SAFETY & PROTECTION Animal Control - - - - Code Enforcement (inspectors) 520,875 37,850 558,725 490,726 Emergency Mgt. - 11,078 11,078 11,078 Fire Department 1,425,497 194,767 1,620,264 1,507,809 Health Department 162,830 27,518 190,348 179,525 Parking Clerk - 13,100 13,100 13,100 Police Department 2,446,459 390,450 2,836,909 2,765,213 Street Lighting - 68,600 68,600 68,600 Zoning Enforcement 47,000 10,000 57,000 60,000 Subtotal 4,602,661 753,363 5,356,024 5,096,051 MARINE & COASTAL RESOURCES Marine Department 614,249 89,400 703,649 648,328 Subtotal 614,249 89,400 703,649 648,328 MAINTENANCE Gas/Town Vehicles - 142,157 142,157 142,157 Public Buildings - 365,510 365,510 360,510 Public Works 1,450,909 586,701 2,037,610 1,817,481 Subtotal 1,450,909 1,094,368 2,545,277 2,320,148 HUMAN SERVICES Aging, Council on 107,200 32,678 139,878 145,224 Human Services, Council for 72,906 11,300 84,206 71,905 Our Island Home 2,651,890 582,701 3,234,591 2,827,574 Veterans' Services 9,800 400 10,200 10,200 Page 14 2001 Annual Town Meeting Warrant with Finance Committee Motions Department FY 02 Payroll FY 02 Expenses FY 02 Total Budget FY 01 Total Budget Subtotal 2,841,796 627,079 3,468,875 3,054,903 CULTURE & RECREATION Atheneum - 300,000 300,000 300,000 Park & Recreation 296,394 145,100 441,494 405,464 Town Clock - 8,100 8,100 8,100 Visitor Services 185,248 212,167 397,415 361,062 Subtotal 481,642 665,367 1,147,009 1,074,626 Total of Dept. Op. Budgets 11,975,637 4,224,561 16,200,198 15,381,793 EDUCATION Community School 342,042 342,042 316,706 School Department 11,677,154 3,086,102 14,763,256 13,543,282 Subtotal 12,019,196 3,086,102 15,105,298 13,859,988 Grand Total of Dept. Op. Bdgts 23,994,833 7,310,663 31,305,496 29,241,781 DEBT SERVICE Principal - 2,135,000 2,135,000 2,135,000 Interest - 2,335,374 2,335,374 2,335,374 Subtotal - 4,470,374 4,470,374 4,470,374 INSURANCES Auto Casualty - 120,000 120,000 108,900 Blanket Liability - 360,000 360,000 327,426 Claims Deductible - 11,000 11,000 11,000 FICA (Medicare) - - - 250,000 Insurance Consulting - 20,000 20,000 18,150 Life Insurance - 18,000 18,000 10,000 Medical Insurance - 3,900,000 3,900,000 2,917,000 Unemployment - 33,000 33,000 30,000 Workers Compensation - 152,000 152,000 137,500 Laborer's Union Pension - 22,000 22,000 30,000 Subtotal - 4,636,000 4,636,000 3,839,976 Grand Total of Operating Budget 23,994,833 16,417,037 40,411,870 37,552,131 And, that Thirty-nine Million Five Hundred Sixty-six Thousand Twenty-three Dollars ($39,566,023) be raised and appropriated from the FY 2002 tax levy and other general revenues to fund the foregoing; that Thirty Thousand Dollars ($30,000) be appropriated from the Ambulance Reserve Fund for the Fire Department for ambulance-related expenditures; that Seven Hundred Fifty-eight Thousand Four Hundred Ten Dollars ($758,410) be transferred from the Stabilization Fund; and, that Fifty-seven Thousand Four Hundred Thirty-seven Dollars ($57,437) be appropriated from prior year Articles as follows: ARTICLE AMOUNT Article 10 of 1997 Annual Town Meeting/Funding for Eel Point Road Bicycle Path $24,000.00 Article 10 of 1996 Annual Town Meeting/Repairs to DPW Garage $98.00 Article 10 of 2000 Annual Town Meeting/Funding for Study $17,500.00 Page 15 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE AMOUNT Concerning Public School Buildings Article 10 of 1998 Annual Town Meeting/Replacement of Furniture for Our Island Home $839.00 Article 10 of 1999 Annual Town Meeting/Repairs to Brant Point Boat Ramp $15,000.00 TOTAL $57,437 .00 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 service, private not-for-profit corporations to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that contracts be executed by and between the Board of Selectmen and the respective private, not-for-profit agency for FY 2002, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Four Hundred Twenty-nine Thousand One Hundred Eighty-four Dollars ($429,184) be raised and appropriated from the FY 2002 tax levy and other general revenues and used to fund contracts for the following health and human service, private not-for-profit agencies to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the Board of Selectmen execute contracts with the respective private, not-for-profit agencies for FY 2002, which contracts shall stipulate mutually agreed upon terms and conditions: AGENCY AMOUNT Nantucket Cottage Hospital/Community Health Program $50,000 Nantucket Cottage Hospital/Adult Day Care Program $64,572 A Safe Place $20,000 Alliance for Substance Abuse $15,000 Elder Services/Transportation $6,812 Nantucket Regional Transit Authority $75,000 Family & Childrens’ Services $125,000 Interfaith Council/Housing Advocate $15,000 Food Pantry $30,000 Legal Services of Cape Cod & the Islands $3,300 Small Friends $10,500 Nantucket Partnership for Assisted Living $5,000 Big Brothers/Big Sisters $9,000 TOTAL $429,184 Page 16 2001 Annual Town Meeting Warrant with Finance Committee Motions Page 17 2001 Annual Town Meeting Warrant with Finance Committee Motions 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 FY 2002 for the offices, departments, boards, and commissions of the Town of Nantucket. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures for general fund departments be approved for FY 2002, and for all such expenditures to be made by the Board of Selectmen: DEPARTMENT ITEM AMOUNT Marine & Coastal Resources Department Repairs, improvements and other related costs including permitting and construction for expansion of Children’s Beach Boat Ramp (supplement to Article 10 of 1993 Annual Town Meeting) $100,000 Our Island Home Renovations and Improvements to Kitchen Facility $50,000 Public Works Improvements to sidewalks and crosswalks for compliance with Americans with Disabilities Act $35,000 School Department Repairs to heating and ventilation systems of various school buildings, including design and engineering services; repairs to ceiling of Middle School gymnasium; space reconfigurations in all school buildings; and, technology improvements, including hardware and software for various classrooms $147,937 TOTAL $332,937 And, to meet the appropriation that Three Hundred Thirty-two Thousand Nine Hundred Thirty-seven Dollars be raised and appropriated from the FY 2002 tax levy and other general revenues. 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 following Enterprise Funds of the Town of Nantucket for FY 2002: Nantucket Memorial Airport, Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid Waste Enterprise, out of anticipated revenues of the designated enterprise funds, for the purposes set forth above. Page 18 2001 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following FY 2002 operating budgets be approved for the Enterprise Funds, with the Airport appropriation to be expended through the Airport Commission; the Siasconset Water appropriation to be expended through the Siasconset Water Commission; the Wannacomet Water appropriation to be expended through the Nantucket Water Commission; and the remaining appropriations to be expended through the Board of Selectmen: FUND FY 02 PAYROLL FY 02 EXPENSES FY 02 TOTAL BUDGET FY 01 TOTAL BUDGET Airport $1,747,173 $6,310,057* $8,057,230 $5,412,987 Sewer (Wastewater Treatment; Collection & Disposal) $416,278 $485,710 $901,988 $898,219 Siasconset Water $51,681 $98,700 $150,381 $145,500 Solid Waste $0 $4,380,897 $4,380,897 $5,501,900 Wannacomet Water $663,100 $1,558,560 $2,221,660 $2,093,430 TOTALS $2,878,232 $12,833,924 $15,712,156 $14,052,036 *Included in Airport FY 02 Expenses are repayments to the Town of Nantucket for sums advanced by the Town to the Airport ($695,050 for FY 2000 to cover an appropriation deficit and $339,950 for FY 2001 to cover an anticipated appropriation deficit). Further, that the above appropriations be funded as follows: FUND FUNDING SOURCE Airport FY 02 Anticipated Revenues: $8,057,230 Sewer FY 02 Anticipated Revenues: $970,100 Siasconset Water FY 02 Anticipated Revenues: $150,381 Solid Waste FY 02 tax levy and other general revenues: $1,900,00 FY 02 Anticipated Revenues: $2,395,000 Retained Earnings: $85,897 TOTAL: $4,380,897 Wannacomet Water FY 02 Anticipated Revenues: $2,221,660 ARTICLE 12 (Appropriation: Airport/Adjustment of Prior Fiscal Year Budget) To see if the Town will vote to adjust, amend or modify any prior year’s Airport budget to conform to revenues received and expenditures actually made; or, to take Page 19 2001 Annual Town Meeting Warrant with Finance Committee Motions any other action with respect thereto. Page 20 2001 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that no action be taken on this Article, as the subject matter is addressed in Article 11. ARTICLE 13 (Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate from the sources indicated below, for the purposes of capital expenditures in FY 2002 for the following Enterprise Funds established under the jurisdiction of the Town of Nantucket: Nantucket Memorial Airport, Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid Waste Enterprise. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be approved for the Enterprise Fund departments for FY 2002 with the Airport appropriations to be expended through the Airport Commission, and the Water Company appropriations to be expended through Wannacomet Water Commission: DEPARTMENT ITEM(s) AMOUNT Airport a. Purchase of Airport Rapid Intervention Vehicle b. Purchase of Loader SUBTOTAL: $200,000 $190,000 $390,000 Sewer a. Design, construction, permitting and other related costs for Siasconset Sewer Treatment Facility SUBTOTAL: $3,216,375 $3,216,375 Wannacomet Water Company a. Purchase of Utility Service Truck b. Improvements to the Main Street- Madaket Road Water Main SUBTOTAL: $60,000 $500,000 $560,000 TOTAL $4,166,375 And, to meet this appropriation, that the following funding sources be used: FUNDING SOURCE AMOUNT Airport Borrowing $390,000 Sewer Treatment Facility Capital Project Fund $3,216,375 Wannacomet Water Retained Earnings $60,000 Wannacomet Water Borrowing $500,000 TOTAL $4,166,375 Further, that the Treasurer, with the approval of the Board of Selectmen and Page 21 2001 Annual Town Meeting Warrant with Finance Committee Motions Airport Commission, borrow the sum of Three Hundred Ninety Thousand Dollars ($390,000) as a general obligation of the Town, with the Town’s intent that all repayments and debt service are to come from Airport revenues; and, that the Treasurer, with the approval of the Board of Selectmen and Nantucket Water Commission, borrow the sum of Five Hundred Thousand Dollars ($500,000) as a general obligation of the Town, with the Town’s intent that all repayments and debt service are to come from Wannacomet Water revenues. ARTICLE 14 (Appropriation: Enterprise Fund Capital Expenditures Requiring Lease/Purchase Agreements) To see what sums the Town will vote to appropriate from the sources indicated below, for the purposes set forth in this Article, for the purposes of capital expenditures for FY 2002 requiring multi-year lease/purchase agreements and/or operating leases for the following Enterprise Funds established under the jurisdiction of the Town of Nantucket: Nantucket Memorial Airport, Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid Waste Enterprise. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that no action be taken on this Article. ARTICLE 15 (Enterprise Accounts: Fiscal Year 2001 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2001 Enterprise Fund operating budgets from other line items of said budget and from Enterprise Surplus Reserve funds. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following budget transfers be made: FROM TO AMOUNT Solid Waste Retained Earnings Solid Waste Expenses $500,000 ARTICLE 16 (Appropriation: County Assessment) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to pay the County of Nantucket such assessment as is required for FY 2002, and to authorize the expenditure of these funds for County purposes, all in accordance with the General Laws and in accordance with the County Charter (Chapter 290, Acts of 1996), the sum of One Hundred Thousand Dollars ($100,000). Page 22 2001 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be raised and appropriated from the FY 2002 tax levy and other general revenues for the FY 2002 County assessment. ARTICLE 17 (Appropriation: Finalizing Fiscal Year 2002 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 FY 2002 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 c. 35, s. 32 of the General Laws of the Commonwealth. (Board of Selectmen/County Commissioners) FINANCE COMMITTEEE MOTION: Moved to take no action on this Article. ARTICLE 18 (Sanford Fund) To see what disposition the Town will make of interest and income from the Sanford Fund; which fund requires that such sums be expended on public roads of the Town of Nantucket as the citizens of the Town may determine by their vote at the Annual Town Meeting. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Four Thousand Dollars ($4,000) be appropriated from the Sanford Fund to be expended by the Board of Selectmen on public roads of the Town. ARTICLE 19 (State Highway Maintenance) To see if the Town of Nantucket, acting under the authority of Chapter 81, Section 15 of the General Laws, will vote to authorize the Board of Public Works to contract with the Massachusetts Highway Department for the maintenance of the state highway; further, to appropriate, and also to raise, from the FY 2002 tax levy and other general revenues of the Town, the sum of Thirty-five Thousand Dollars ($35,000) for such purpose; and, to authorize the Board of Selectmen/Board of Public Works through the Department of Public Works to accept a state grant in that amount for the purposes set forth in this Article. All expenditures under such grant shall be of the type that will be Page 23 2001 Annual Town Meeting Warrant with Finance Committee Motions eligible for reimbursement. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Thirty-five Thousand Dollars be raised and appropriated from the FY 2002 tax levy and other general revenues of the Town, for the maintenance of the state highway; and, that the Board of Selectmen/Board of Public Works through the Department of Public Works be authorized to accept a state grant in that amount for the purposes set forth in this Article. All expenditures under such grant shall be of the type that will be eligible for reimbursement. ARTICLE 20 (Chapter 90 Roadwork) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds the sum of Three Hundred Five Thousand One Hundred Fifty-seven Dollars and Sixty-five Cents ($305,157.65) to be spent under the direction of the Board of Public Works in FY 2002 toward public roads. Further, to authorize the Board of Selectmen to apply for, accept and expend a grant in the amount of Three Hundred Five Thousand One Hundred Fifty-seven Dollars and Sixty-five Cents ($305,157.65) which is to be the State's contribution and/or reimbursement under Chapter 90, Section 34(2a) of the General Laws for repairs, maintenance and improvements to public roads under the direction of the Board of Public Works; all expenditures made under this Article shall be of the type that will be eligible for reimbursement. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Three Hundred Five Thousand One Hundred Fifty-seven Dollars and Sixty-five Cents ($305,157.65) be appropriated for repairs, maintenance and improvements to public roads under the direction of the Board of Selectmen/Board of Public Works; and that the Board of Selectmen/Board of Public Works through the Department of Public Works be authorized to accept a state grant in that amount for such purposes. All expenditures under this Article shall be of the type that will be eligible for reimbursement. ARTICLE 21 (Chapter 90 Roadwork -- Supplemental Appropriation/Fiscal Year 2001) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds the sum of One Thousand Thirteen Dollars ($1,013) to be spent under the direction of the Board of Public Works in FY 2001 toward public roads. Further, to authorize the Board of Selectmen to apply for, accept and expend a grant in the amount of One Thousand Thirteen Dollars ($1,013) which is to be the State's contribution and/or reimbursement under Chapter 90, Section 34(2a) of the General Laws for repairs, maintenance and improvements to public roads Page 24 2001 Annual Town Meeting Warrant with Finance Committee Motions under the direction of the Board of Public Works; all expenditures made under this Article shall be of the type that will be eligible for reimbursement. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that One Thousand Thirteen Dollars be appropriated for repairs, maintenance and improvements to public roads under the direction of the Board of Selectmen/Board of Public Works; and that the Board of Selectmen/Board of Public Works through the Department of Public Works be authorized to accept a state grant in that amount for such purposes. All expenditures under this Article shall be of the type that will be eligible for reimbursement. ARTICLE 22 (Appropriation: Reimbursement of Legal Fees) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds the sum of One Thousand Six Hundred Forty-nine Dollars and Twenty-five Cents ($1,649.25.) to be paid to Ronald M. DaSilva to reimburse him for legal expenses expended by him in connection with his defense of a charge by the State Ethics Commission as a member of the Historic District Commission. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that One Thousand Six Hundred Forty-nine Dollars and Twenty-five Cents ($1,649.25) be raised and appropriated from the FY 02 tax levy and other general revenues for the reimbursement of legal expenses expended by Ronald M. DaSilva in connection with his defense of a charge by the State Ethics Commission as a member of the Historic District Commission. ARTICLE 23 (Zoning Bylaw Amendment: Interim Growth Rate) To see if the Town will vote to amend Chapter 139-24 C (2) (b) (Interim Growth Rate) of the Code of the Town of Nantucket by deleting the words "January 1, 2002” and inserting in their place the words "January 1, 2008". (Bruce D. Miller, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-24 (Rate of Development) C (Interim Growth Rate) (2)(b) (Applicability, effect and definitions), 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 text): §139-24C(2)(b) Page 25 2001 Annual Town Meeting Warrant with Finance Committee Motions (b) This Section 139-24C will remain in effect until expressly amended or repealed by action of Town Meeting, or until January 1, 2002 January 1, 2008, whichever occurs first. Page 26 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 24 (Zoning Bylaw Amendment: Interim Growth Rate/Exemptions) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by amending §139-24 (Rate of Development) C (Interim Growth Rate) (4) (Exemptions) as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): §139-24C(4) (c) The provisions of this Subsection C shall not be applicable to…nor to employer dormitory units, or inclusionary units built in conjunction with a Major Commercial Development (MCD) as provided in §139-11J of the zoning bylaw; nor to units intended to be occupied by first-time homebuyers as defined by the Nantucket Land Bank Act (Chapter 669 of the Acts of 1983, as amended), conditional upon proof of residency on Nantucket for a period of two (2) years, as defined in §139-24C. (d) The provisions of this Subsection C shall not be applicable to units intended to be occupied by first-time homebuyers as defined by the Nantucket Land Bank Act (Chapter 669 of the Acts of 1983, as amended), conditional upon proof of residency on Nantucket for a period of two (2) years, as defined in §139-24C; nor to a dwelling containing two dwelling units, provided that at least one of the units is intended to be occupied by a first-time homebuyer, as defined above and provided that both dwellings are subject to a covenant restricting the lot to year-round occupancy, subject to the provisions described in §139-24C(3)(a); nor to a secondary dwelling provided that the primary dwelling is or is intended to be occupied by a first-time homebuyer, as defined above, and provided that both the primary and secondary dwellings are subject to a covenant restricting the lot to year-round occupancy, subject to the provisions described in §139-24C(3)(a). (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-24 (Rate of Development) C (Interim Growth Rate) (4) (Exemptions), 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 text): §139-24C(4) (c) The provisions of this Subsection C shall not be applicable to…nor to employer dormitory units, or inclusionary units built in conjunction with a Major Commercial Development (MCD) as provided in §139-11J of the zoning bylaw; nor to units intended to be occupied by first-time homebuyers as defined by the Nantucket Land Bank Act (Chapter 669 of the Acts of 1983, as amended), conditional upon proof of residency on Nantucket for a period of two (2) years, as Page 27 2001 Annual Town Meeting Warrant with Finance Committee Motions defined in §139-24C. Page 28 2001 Annual Town Meeting Warrant with Finance Committee Motions (d) The provisions of this Subsection C shall not be applicable to units intended to be occupied by first-time homebuyers as defined by the Nantucket Land Bank Act (Chapter 669 of the Acts of 1983, as amended); nor to a dwelling containing two dwelling units, provided that at least one of the units is or is intended to be occupied by a first-time homebuyer, as defined above and provided that both dwelling units are subject to a covenant restricting the lot to year-round occupancy described in §139-24A (3); nor to a secondary dwelling provided that the primary dwelling is or is intended to be occupied by a first-time homebuyer, as defined above, and provided that both the primary and secondary dwellings are subject to a covenant, as described above, restricting both dwellings to year- round occupancy, and subject to the provisions described in §139-24C(3)(c). ARTICLE 25 (Zoning Map Change: Low Beach Road, ‘Sconset) To see if the Town will vote to amend the “Zoning Map of Nantucket, Massachusetts”, dated February 24, 1972, as amended and on file in the office of the Town Clerk by changing the existing zoning district on land in the vicinity of Low Beach Road in ‘Sconset, from existing LUG-3 to R-2, for that land bounded and described as follows: Area “A”: Beginning at a point in the centerline of Low Beach Road. Said point being S 38o 10’ 50” E, a distance of 20.00 feet from the southeast corner of Silver Street and Low Beach Road intersection. Said point also being N 38o 10’ 50” W, a distance of 20.00 feet from U.S.C.G. Disk #1 on the southerly sideline of Low Beach Road. THENCE S 51o 49’ 10” W, a distance of 40.00 feet by the centerline of Low Beach Road. THENCE N 38o 10’ 50” W, a distance of 340.23 feet partially by the westerly sideline of Silver Street and land of the Department of Transportation, United States Coast Guard to a point. The following six (6) courses are by land of U.S.C.G. and land to be conveyed to the Town of Nantucket. THENCE N 12o 10’ 10” W, a distance of 128.54 feet to a point. THENCE N 77o 49’ 50” E, a distance of 126.27 feet to a point. THENCE N 12o 10’ 10” W, a distance of 1220.23 feet to a point. THENCE S 77o 32’ 20” W, a distance of 586.72 feet to a point. Page 29 2001 Annual Town Meeting Warrant with Finance Committee Motions THENCE N 12o 19’ 10” W, a distance of 183.86 feet to a point. THENCE S 51o 56’ 35” W, a distance of 545.90 feet to a point. THENCE N 38o 03’ 25” W, a distance of 310.00 feet, still by land of the U.S.C.G. and land to be conveyed to the Town of Nantucket to a point in the southerly boundary of land owned by the Nantucket Conservation Foundation, Inc. (N.C.F.). THENCE N 51o 56’ 35” E, a distance of 739.75 feet, by land of the N.C.F. and land to be conveyed to the Town of Nantucket to a point in the western boundary of land owned by the Nantucket Islands Land Bank and the Town of Nantucket. Said point being N 12o 19’ 10” W, a distance of 514.18 feet from the southwesterly corner of said Land Bank and Town of Nantucket land. The above described point being the existing boundary of Zoning District LUG-3 and R-2. This Area is depicted on a map entitled: “Plan showing Proposed Relocation of Zoning District LUG-3 and R-2 in Siasconset, prepared for Town of Nantucket, 1” = 200’, February 7, 2001. Area “B”: Beginning at a point at the centerline intersection of Low Beach Road and Pine Street. Said point being on the current demarcation line of zoning districts LUG- 3 and R-2. THENCE in a Southeasterly direction by the centerline of Pine Street, a distance of 800 feet more or less, to the end of Pine Street as laid out and shown on plan recorded in Plan Book 3, Page 3. THENCE in a Southwesterly direction, a distance of 1,014 feet more or less, by the southerly property line of land of the Town of Nantucket to the centerline of Elm Street. THENCE in a Northwesterly direction, a distance of 453 feet more or less to the southerly line of the former Nantucket Central Railroad. THENCE in a Northeasterly direction, a distance of 746 feet more or less, still by the southerly line of said Railroad to the centerline of Holly Street. THENCE in a Northwesterly direction by the centerline of Holly Street, a distance of 266 feet more or less, to the centerline of Low Beach Road. THENCE in a Northeasterly direction, by the centerline of said Low Beach Road, a distance of 244 feet more or less, to the point of beginning. Page 30 2001 Annual Town Meeting Warrant with Finance Committee Motions This Area is depicted on a map entitled: “Plan showing Proposed Relocation of Zoning District LUG-3 and R-2 in Siasconset, prepared for Town of Nantucket, 1” = 150’, February 7, 2001. INFORMATIONAL NOTE: The purpose of this Zone Change is to render the proposed ‘Sconset Wastewater Treatment Facilities a conforming, permitted use. (Board of Selectmen) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, “Zoning Map of Nantucket, Massachusetts,” dated February 24, 1972, as amended and on file in the office of the Town Clerk, is hereby amended by changing the existing zoning district on land in the vicinity of Low Beach Road in ‘Sconset, from existing LUG-3 to R-2, for that land bounded and described as follows: Area “A”: Beginning at a point in the centerline of Low Beach Road. Said point being S 38o 10’ 50” E, a distance of 20.00 feet from the southeast corner of Silver Street and Low Beach Road intersection. Said point also being N 38o 10’ 50” W, a distance of 20.00 feet from U.S.C.G. Disk #1 on the southerly sideline of Low Beach Road. THENCE S 51o 49’ 10” W, a distance of 40.00 feet by the centerline of Low Beach Road. THENCE N 38o 10’ 50” W, a distance of 340.23 feet partially by the westerly sideline of Silver Street and land of the Department of Transportation, United States Coast Guard to a point. The following six (6) courses are by land of U.S.C.G. and land to be conveyed to the Town of Nantucket. THENCE N 12o 10’ 10” W, a distance of 128.54 feet to a point. THENCE N 77o 49’ 50” E, a distance of 126.27 feet to a point. THENCE N 12o 10’ 10” W, a distance of 1220.23 feet to a point. THENCE S 77o 32’ 20” W, a distance of 586.72 feet to a point. THENCE N 12o 19’ 10” W, a distance of 183.86 feet to a point. THENCE S 51o 56’ 35” W, a distance of 545.90 feet to a point. THENCE N 38o 03’ 25” W, a distance of 310.00 feet, still by land of the U.S.C.G. and land to be conveyed to the Town of Nantucket to a point in the southerly Page 31 2001 Annual Town Meeting Warrant with Finance Committee Motions boundary of land owned by the Nantucket Conservation Foundation, Inc. (N.C.F.). Page 32 2001 Annual Town Meeting Warrant with Finance Committee Motions THENCE N 51o 56’ 35” E, a distance of 739.75 feet, by land of the N.C.F. and land to be conveyed to the Town of Nantucket to a point in the western boundary of land owned by the Nantucket Islands Land Bank and the Town of Nantucket. Said point being N 12o 19’ 10” W, a distance of 514.18 feet from the southwesterly corner of said Land Bank and Town of Nantucket land. The above described point being the existing boundary of Zoning District LUG-3 and R-2. This Area is depicted on a map entitled: “Plan showing Proposed Relocation of Zoning District LUG-3 and R-2 in Siasconset, prepared for Town of Nantucket, 1” = 200’, February 7, 2001. Area “B”: Beginning at a point at the centerline intersection of Low Beach Road and Pine Street. Said point being on the current demarcation line of zoning districts LUG-3 and R-2. THENCE in a Southeasterly direction by the centerline of Pine Street, a distance of 800 feet more or less, to the end of Pine Street as laid out and shown on plan recorded in Plan Book 3, Page 3. THENCE in a Southwesterly direction, a distance of 1,014 feet more or less, by the southerly property line of land of the Town of Nantucket to the centerline of Elm Street. THENCE in a Northwesterly direction, a distance of 453 feet more or less to the southerly line of the former Nantucket Central Railroad. THENCE in a Northeasterly direction, a distance of 746 feet more or less, still by the southerly line of said Railroad to the centerline of Holly Street. THENCE in a Northwesterly direction by the centerline of Holly Street, a distance of 266 feet more or less, to the centerline of Low Beach Road. THENCE in a Northeasterly direction, by the centerline of said Low Beach Road, a distance of 244 feet more or less, to the point of beginning. This Area is depicted on a map entitled: “Plan showing Proposed Relocation of Zoning District LUG-3 and R-2 in Siasconset, prepared for Town of Nantucket, 1” = 150’, February 7, 2001. Page 33 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 26 (Zoning Bylaw Amendment: Siasconset Zoning District) To see if the Town will vote to adopt the following amendments to the Nantucket Zoning By-law, or take other action with regard thereto: 1. By adding to the table of zoning districts in §139-3, Districts enumerated, the following new zoning district category B, Residential: District Abbreviation 'Sconset Residential-10 SR-10 2. By amending the Zoning Map, as defined in §139-4.A, to designate the following-described land, now situated within the 'Sconset Residential-2 (SR-2) zoning district, as situated in the 'Sconset Residential-10 (SR-10) zoning district: Beginning at a point in the northerly line of Coffin Street, at the boundary between Assessor's Parcels 73.4.1-26 and 73.4.1-34.2; Thence running northerly along the easterly boundary of Assessor's Parcels 73.4.1-26 and 73.4.1-26.6, and in the same course to the midline of Clifton Street; Thence running easterly along the midline of Clifton Street, to the midline of Comeau Lane as extended to the midline of Clifton Street; Thence running northerly in the center line of Comeau Lane to the southerly boundary of Assessor's Parcel 49.3.2-20; Thence running easterly in the southerly boundary of Assessor's Parcel 49.3.2-20, to the southeasterly corner of said Parcel 49.3.2-20; Thence running northerly in the easterly boundary of Assessor's Parcel 49.3.2-20, and in the same course to the southwesterly corner of Assessor's Parcel 49-80.2; Thence running easterly in the southerly boundary of Assessor's Parcel 49-80.2 to the midline of Sankaty Avenue; Thence running southerly in the midline of Sankaty Avenue to the midline of Ann's Lane as extended to the midline of Sankaty Avenue; Thence running easterly in the midline of Ann's Lane and continuing easterly in the same course to the present easterly boundary of the SR-2 zone; Thence running southerly in the present easterly boundary of the SR-2 zone to the northerly line of Nosegay Avenue as extended; and Page 34 2001 Annual Town Meeting Warrant with Finance Committee Motions Thence running westerly in the northerly line of Nosegay Avenue, diagonally across Sankaty Avenue to the northerly line of Coffin Street, and in the northerly line of Coffin Street, to the point of beginning. C. By deleting §139-4.D, and by replacing it with the following new §139.4.D: Except where different provisions for the SOH, SR-1, SR-2, or SR-10 zoning districts are expressly set forth within this Zoning By-law, all provisions relating to the ROH zoning district shall also apply to the SOH zoning district, all provisions relating to the R-1 zoning district shall also apply to the SR-1 zoning district, all provisions relating to the R-2 zoning district shall also apply to the SR-2 zoning district, and all provisions relating to the R-10 zoning district shall also apply to the SR-10 zoning district. D. By inserting the following note at the end of the table in §139-16.A: In the SR-10 zoning district, the minimum side and rear yard setback requirement shall be five (5) feet, and the minimum front yard setback shall be thirty (30) feet. (Peter Eldridge, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 27 (Zoning Bylaw Amendment: Curb Cuts) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by amending §139-2 (Definitions), §139-19E (Screening, driveways, lighting), §139-20.1 (Curb Cut and Driveway Access) as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): §139-2. Definitions and word usage. DRIVEWAY ACCESS – A vehicular access point onto any public way, private way or any place customarily used by the public for purposes for which a public way is generally used in the Town or County of Nantucket. PARKING SPACE – An area dedicated to the parking of a motor vehicle, singly or arranged with other parking spaces, meeting the dimensional requirements set down in Chapter 139, § 18A(3), or otherwise legally nonconforming. §139-19. Screening; driveways; lighting. E. Two-way Ddriveway widths shall not be less than twenty (20) feet wide nor more than twenty-four (24) feet wide on a lot with five (5) or more parking spaces. Single lane driveway widths shall be a minimum of twelve (12) feet, and a maximum of fifteen (15) feet on a lot with five (5) or more parking spaces. Page 35 2001 Annual Town Meeting Warrant with Finance Committee Motions §139-20.1. Curb Cut and Driveway Access. A. Purpose This bylaw regulating curb cuts and driveway access is enacted under the authority of Chapter 40A of the Massachusetts General Laws 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 curb cuts and/or driveway access within all zoning districts. B. Regulation of curb cuts and driveway access. No building permit in connection with a building or use which creates a new curb cut 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 curb cut driveway access has been approved by the Nantucket Department of Public Works (DPW). This requirement may be waived for individual curb cuts driveway accesses on lots which have been approved by the Planning Board pursuant to the Rules and Regulations Governing the Subdivision of Land and for which a certification by the DPW has been received by the Planning Board that the curb cuts driveway accesses within the subdivision comply with the requirements of §139-20.1B(2). (1) No more than one (1) curb cut driveway access shall be allowed on a lot per 250 feet of street frontage; multiple street frontages may be calculated separately. However, no lot shall have more than two curb cuts driveway accesses, unless the Planning Board grants a waiver to allow three (3) or more curb cuts driveway accesses in accordance with §139-20.1C. makes a finding that granting of two (2) or more curb cuts, if physically practical, would not have a significant and adverse effect on the scenic or historic integrity of the neighborhood, or is not contrary to sound traffic and safety considerations. (2) Minimum Driveway Standards Associated with Curb Cuts Driveway Accesses Issuing Onto Public Rights-of-Way, or Onto Private Roads Intended for Public Dedication or Use. No request for approval of Any request for a curb cut driveway access permit shall be approved unless the driveway complies comply with the following minimum standards for driveways, except as otherwise required by applicable law: (a) Driveways shall be designed and constructed so as not to result in the direction of storm water runoff, and soil, stones, or other debris, onto or within the intersecting right-of-way. (b) No curb cut driveway access for a driveway shall be located closer than 25 feet from the curb line of an intersecting street, measured from the nearest point of the driveway. (c) Driveways shall be constructed with a slope not exceeding 12% at its intersection with the intersecting street. The DPW may approve a greater slope based on a finding that a lesser slope is infeasible due to the Page 36 2001 Annual Town Meeting Warrant with Finance Committee Motions 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, Belgium Block, concrete, brick, or asphalt apron with a flared width of not less than 15 feet, and a length depth behind the edge of pavement of no less than 5 10 feet. (e) Driveways serving a building or use shall derive legal access based on the owner-designated frontage on the street. (e f) 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 g) Any curb cuts driveway accesses onto a State Highway are subject to the regulations and standards of the Massachusetts Highway Department. (g h) The width of curb cut driveway accesses shall be measured at a point between the edge of the road surface and the limit of the street right-of-way. Residential single lane curb cuts driveway accesses shall be a minimum of 10 feet wide, and a maximum of 14 15 feet wide. Commercial single lane curb cuts shall be a minimum of 12 feet, and a maximum of 15 feet. (h i) To the extent feasible, all driveways shall contain turn-arounds within the lot so as to avoid the backing of vehicles onto the right-of-way. Driveways may be approved without turn-arounds if the approving agency determines that the provision of a turn-around would have a significant and adverse effect on the scenic or historic integrity of the neighborhood. (i j) All secondary dwellings approved by the Planning Board shall have a combined driveway access with the primary dwelling onto a public or private road, unless. However, the Planning Board may approves separate access for such dwelling on lots that are not expressly permitted two (2) curb cuts 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, 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. The prerequisite for this finding is the finding under §139- 20.1B(1). Access to secondary dwelling shall be clear of obstructions or vegetation to a width of twelve (12) feet and a height of thirteen (13) feet along a driveway with a minimum improved width of ten (10) feet. (3) Common Driveways No common driveway shall be created for shared access by two or more lots, unless they comply with the requirements of this section…..[remainder of 139- 20.1B(3) unchanged] Page 37 2001 Annual Town Meeting Warrant with Finance Committee Motions 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 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. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-2 (Definitions), §139-19E (Screening, driveways, lighting), §139-20.1 (Curb Cut and Driveway Access) are 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 text): §139-2 Definitions. Insert after the definition of "Dock or Pier or Wharf," and before the definition of "Dwelling" the following new definition: DRIVEWAY ACCESS – A vehicular access point onto any public way, private way or any way customarily used by the public for purposes for which a public way is generally used in the Town or County of Nantucket. Insert after the definition of "Open Land," and before the definition of "Recharge" the following new definition: PARKING SPACE – An area dedicated to the parking of a motor vehicle, singly or arranged with other parking spaces, meeting the dimensional requirements set down in Chapter 139, §18A(3), or otherwise legally nonconforming. §139-19 Screening; driveways; lighting E. Two-way Ddriveway widths shall not be less than twenty (20) feet wide nor more than twenty-four (24) feet wide on a lot with five (5) 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 (5) or more parking spaces. §139-20.1 Curb Cut and Driveway Access A. Purpose This bylaw §139-20.1 regulating curb cuts and driveway access is enacted under the authority of Chapter 40A of the Massachusetts General Laws 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 curb cuts and/or driveway access within all zoning districts. Page 38 2001 Annual Town Meeting Warrant with Finance Committee Motions B. Regulation of curb cuts and driveway access. No building permit in connection with a building or use which creates a new curb cut 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 curb cut driveway access has been approved by the Nantucket Department of Public Works (DPW)., as complying with the requirements of §139-20.1(B)(2). This requirement may be waived for individual curb cuts driveway accesses on lots which have been approved by the Planning Board pursuant to the Rules and Regulations Governing the Subdivision of Land shown on a definitive subdivision which has been endorsed by the Planning Board pursuant to the Subdivision Control Law, M.G.L. c. 41 §81-K et seq., and for which a certification by the DPW has been received by the Planning Board that the curb cuts driveway accesses within the subdivision comply with the requirements of §139-20.1B(2). (1) No more than one (1) curb cut driveway access shall be allowed on a lot., unless However, the Planning Board may grant a waiver to allow two (2) or more driveway accesses in accordance with §139-20.1C. makes a finding that granting of two (2) or more curb cuts, if physically practical, would not have a significant and adverse effect on the scenic or historic integrity of the neighborhood, or is not contrary to sound traffic and safety considerations. (2) Minimum Driveway Standards Associates with Curb Cuts Driveway Accesses Issuing Onto Public Rights-of-Way, or Onto Private Roads Intended for Public Dedication or Use. No request for approval of a Any request for a curb cut driveway access permit shall be approved unless the driveway complies comply with the following minimum standards for driveways, except as otherwise required by applicable law: (a) Driveways shall be designed and constructed so as not to result in the direction of storm water runoff, and soil, stones, or other debris, onto or within the intersecting right-of-way. (b) No curb cut driveway access for a driveway shall be located closer than 25 feet from the curb line of an intersecting street, measured from the nearest point of the driveway. (c) Driveways shall be constructed with a slope not exceeding 12% at its intersection with the intersecting 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 Page 39 2001 Annual Town Meeting Warrant with Finance Committee Motions have a cobblestone, Belgium Block, concrete, brick, or asphalt apron with a flared width of not less than 15 feet, and a length depth behind the edge of pavement of no less than 5 10 feet. (e) Driveways serving a building or use shall derive legal access based on the owner-designated frontage on the street. (e f) 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 g) Any curb cuts driveway accesses onto a State Highway are subject to the regulations and standards of the Massachusetts Highway Department. (g h) The width of curb cut driveway accesses shall be measured at a point between the edge of the road surface and the limit of the street right-of-way. Residential single lane curb cuts driveway accesses shall be a minimum of 10 feet wide, and a maximum of 14 15 feet wide. Commercial single lane curb cuts shall be a minimum of 12 feet, and a maximum of 15 feet. (h i) To the extent feasible, Aall driveways shall contain turn-arounds within the lot so as to avoid the backing of vehicles onto the right-of-way. Driveways may be approved without turn-arounds if the approving agency, as set forth in §139-20.1(B)(1), determines that the provision of a turn- around would have a significant and adverse effect on the scenic or historic integrity of the neighborhood. (i j) All secondary dwellings approved by the Planning Board shall have a combined driveway access with the primary dwelling onto a public or private road, unless. However, the Planning Board may approves separate access for such dwellings on lots that are not expressly permitted two (2) curb cuts 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, 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. The prerequisite for this finding is the finding under §139-20.1B(1). Access to secondary dwelling shall be clear of obstructions or vegetation Page 40 2001 Annual Town Meeting Warrant with Finance Committee Motions to a width of twelve (12) feet and a height of thirteen (13) feet along a driveway with a minimum improved width of ten (10) feet. (3) Common Driveways No common driveway shall be created for shared access by two or more lots, unless they comply with the requirements of this section…..(remainder of 139-20.1B(3) unchanged) C. Waivers The Planing 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. ARTICLE 28 (Zoning Bylaw Amendment: Special Permits) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by amending §139-30A (Special permits) as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): A. The special permit granting authority shall be the Board of Appeals for the issuance of all special permits, and all Special Permits with Major Site Plan Review, in accordance with Section 139-23 of the Zoning Bylaw, except those for major commercial developments pursuant to § 139-11, for cluster developments pursuant to § 139-7B, for special permitted developments in the Aquifer Recharge District pursuant to § 139-12 and in the Moorlands Management District pursuant to § 139-13, and for WECS installations pursuant to § 139-21C (which special permit matters shall be heard and decided by the Planning Board as the special permit granting authority). 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 as the special permit granting authority. In instances where all or any portion of a project involves an application to the Planning Board as special permit granting authority, the Planning Board shall serve as the special permit granting authority for all other Special Permits which shall be required in connection with such project, which relief may be considered by the Planning Board concurrently. [Subparagraphs (1) and (2) shall remain unchanged.] (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-30A (Special Permits) is hereby amended as follows: Page 41 2001 Annual Town Meeting Warrant with Finance Committee Motions (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 text): A. The special permit granting authority shall be the Board of Appeals for the issuance of all special permits, and all Special Permits with Major Site Plan Review, in accordance with Section 139-23 of the Zoning Bylaw, except those for major commercial developments pursuant to § 139-11, for cluster developments pursuant to § 139-7B, for special permitted developments in the Aquifer Recharge District pursuant to § 139-12 and in the Moorlands Management District pursuant to § 139-13, and for WECS installations pursuant to § 139-21C (which special permit matters shall be heard and decided by the Planning Board as the special permit granting authority). 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 Bylaw as the special permit granting authority. In instances where all or any portion of a project involves an application to the Planning Board as special permit granting authority for Major Residential Developments pursuant to §139-7F, for cluster developments pursuant to §139-7B, for special permitted developments in the Wellhead Recharge District pursuant to §139-12B, for special permitted developments in the Moorlands Management District pursuant to §139-13, for WECS installations pursuant to §139-21C, for multi-family dwellings pursuant to §139-9C, and for assisted living facilities pursuant to §139-14C, the Planning Board shall serve as the special permit granting authority for all other Special Permits required in connection with such project. ARTICLE 29 (Zoning Bylaw Amendment: Major Commercial Development) To see if the Town will vote to amend Section 139-11K of the Nantucket Zoning Bylaw as follows: 1. Change the heading of Section 139-11K from "Temporary cap on retail MCD's pending adoption of the Nantucket Comprehensive Plan." to "Cap on retail MCD's. " 2. Delete Section 139-11K(2) in its entirety. COMMENT: This article eliminates the expiration date for the present cap on retail MCD's and thus makes the cap permanent. (C. Richard Loftin, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-11K (Temporary cap on retail MCD’s pending adoption of the Nantucket Comprehensive Plan), is hereby amended as follows: (NOTE: new Page 42 2001 Annual Town Meeting Warrant with Finance Committee Motions 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 text): First, change the heading of Section 139-11K from "Temporary cap on retail MCD's pending adoption of the Nantucket Comprehensive Plan." to "Temporary cap on retail MCD's. " Second, amend Section 139-11K(2), as follows: (2) The provisions of this Section 139-11K shall expire on December 31, 2001 2004, unless extended by vote of Town Meeting. ARTICLE 30 (Zoning Bylaw Amendment: Interim Growth Rate/Exemptions) To see if the town will amend Chapter 139 of the Code of Nantucket to read as follows: Chapter 139 – 24C(4)(c) The provision of this subsection C shall not be applicable to dwelling units constructed in an existing building within the RC zoning district. (Francie Z. Bovers, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 31 (Zoning Bylaw Amendment: Residential Commercial Districts/Occupancy) To see if the Town will vote to amend Chapter 139 of the Code of the Town of Nantucket (Zoning) as follows: Add to section 139-9, subsection C, 5 after the word year-round, delete the word "occupancy" and insert "occupants who earn 150% or less of the median annual Nantucket income". (Linda S. Holland, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 32 (Zoning Bylaw Amendment: Residential Commercial Districts/Exceptions) To see if the Town will vote to adopt the following amendments to the Nantucket Zoning By-law, or take other action with regard thereto: A. By deleting Paragraphs 1 and 2 of By-law §139-9.C, Exceptions, and by replacing them with the following new Paragraphs 1, 1A and 2: Page 43 2001 Annual Town Meeting Warrant with Finance Committee Motions 1. One dwelling unit is allowed for each 1,500 square feet of lot area; or 1A. [Provided that §139-2.A, Definitions, has been amended pursuant to Article 13 of the January 8, 2001 Special Town Meeting, to add a definition of "Nantucket Housing Needs Covenant"] If at least one-fourth of the dwelling units upon a lot shall be subject to a Nantucket Housing Needs Covenant, one dwelling unit shall be allowed for each 1,200 square feet of lot area. 2. Minimum lot area shall be 5,000 square feet. The maximum number of dwelling units upon any lot, or contiguous lots in common ownership and control, shall be sixteen. A maximum of two bedrooms per dwelling unit, plus one additional bedroom per dwelling unit which shall be subject to a Nantucket Housing Needs Covenant, shall be permitted; the total number of bedrooms permitted upon any lot or contiguous lots in common ownership and control may be allocated among the various dwelling units upon such lot or lots at the discretion of the owner. No additional dwelling units are permitted. B. By adding an additional exemption to the appropriate subparagraph of §139-24.C, as follows: The first fifty (50) dwelling units to be constructed pursuant to a special permit issued under §139-9.C for which completed building permit applications are filed in any calendar year shall be exempt from the allocation restriction on building permits under §139-24.C. (Richard Pardi, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. PLANNING BOARD COMMENT: This Article received a negative recommendation because the sponsor withdrew his support for the Article. ARTICLE 33 (Zoning Bylaw Amendment: Accessory Apartments) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by amending §7C (Accessory apartments); §7E(1) (Prohibited uses in all districts); §8A(1) (Residential Districts R-1, R-10, R-2 and ROH and Residential Commercial Districts RC, RC-2 and LC/Permitted uses), as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): First, amend §139-7C: C. Accessory apartments. (1) The purpose of this section to provide an owner of an existing or proposed single- Page 44 2001 Annual Town Meeting Warrant with Finance Committee Motions family dwelling the opportunity to install one (1) year-round accessory apartment unit within the exterior walls of his or her home, in lieu of any secondary dwelling or other dwelling unit on the property, provided that the owner is willing to limit the unit to year-round occupancy. This provision is intended to help provide affordable, year-round rental housing for families and the elderly within the context of the island's predominantly single-family-home character. It is also intended to provide an opportunity for supplemental income for homeowners, particularly senior citizens, who might otherwise find it difficult to remain in their own homes due to increasing energy and maintenance costs and concerns about security and health. (2) An accessory apartment is permitted only if it complies with the following standards: (a) Unit size. The design, installation and use of an accessory apartment shall be secondary and incidental to the principal use of the structure as the owner's home. The gross floor area of the accessory apartment shall not be less than three hundred (300) square feet, nor shall it be more than eight hundred (800) square feet or forty percent (40%) of the gross floor area, including the basement, of the principal structure within which the unit is installed, whichever is the lesser. (b) Interior design. The accessory apartment shall be self-contained with separate sleeping, cooking and sanitary facilities for the exclusive use of the occupant. There shall be a maximum of two (2) bedrooms in an accessory apartment. Rooms which might be converted at some future time to a bedroom, such as studies, studios, libraries and the like, shall be counted as bedrooms for the purposes of this Sec. 139-7C. (c) Exterior design. Modifications to the exterior of an existing principal structure resulting from the installation of an accessory apartment or the design and construction of new homes with accessory apartments shall be consistent with the principal structure's predominant character as a single-family home. (d) Parking. One (1) off-street parking space shall be provided for the accessory apartment in addition to any other off-street parking requirement. (e) Ownership. The entire structure in which the accessory apartment is installed shall be held in the same ownership. (f) Year-round occupancy. As a condition for the issuance and continued validity of an occupancy permit for an accessory apartment, the owner shall execute and record against the deed to said property a restriction, running with the land and in favor of the Town of Nantucket, to the effect that occupancy of the accessory apartment shall be limited to natural persons domiciled in the Town of Nantucket year round and that the dwelling may not be offered for nor used for seasonal occupancy; and the owner shall file with the town, prior to issuance of an occupancy permit and within thirty (30) days of any change in ownership of the premises, an affidavit, signed under the pains and penalties of Page 45 2001 Annual Town Meeting Warrant with Finance Committee Motions perjury by the owner of the principal structure, attesting to the fact that occupancy of the accessory apartment is and will be limited to natural persons domiciled in the Town of Nantucket year round and that the dwellings will not be offered for nor used for seasonal occupancy. The affidavit shall be renewed by the owner of the premises every three (3) years as a condition for retaining an occupancy permit for the accessory apartment. Second, amend §139-7E(1) by adding the following at the end of the existing text: “and except accessory apartments pursuant to Chapter 139 §7C.” Third, amend §139-8A(1)(a): (a) Any lot on which the two dwelling units are located shall not contain any additional dwellings or dwelling units except for accessory apartments pursuant to Chapter 139 §7C; and (Board of Selectmen) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 34 (Zoning Bylaw Amendment: Multi-Family Overlay District/Accessory Apartments) To see if the Town will vote to amend Chapter 139, section 9 C 1. by adding the following text to the existing language: A lot in existence as of January 1, 2001, upon which one duplex or two family dwelling unit structure is constructed, not containing any commercial use and containing at least 5,000 square feet of land but less than 7,499 square feet of land, shall be eligible to contain an accessory apartment as described in 139- 7(2). (Curtis L. Barnes, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-9C(1) (Residential Commercial Districts RC and RC- 2/Exceptions), 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 text): Add the following language to §139-9C(1): One additional dwelling unit in the form of an accessory apartment, as described in 139-7 C (2), may be permitted by the Planning Board where the following conditions exist: (a) The lot is in existence prior to April 15, 2001 and contains at least 5,000 square feet of land but less than 7,500 square feet of land; and Page 46 2001 Annual Town Meeting Warrant with Finance Committee Motions (b) A duplex dwelling containing two dwelling units exists or is permitted to be constructed on the lot; and (c) No commercial uses are present on the lot. Page 47 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 35 (Zoning Bylaw Amendment: Affordable Housing) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket as follows: Chapter 139 Section 2A: Leave title to definition of Affordable Housing and delete text below title and insert: For Sale Housing (condominiums, cooperatives, and housing owned in fee simple) and Rental Housing (housing that is not "for sale" and is not Dormitory Housing, Seasonal Vacation Rentals, Neighborhood Employee Housing, or Seasonal Employee Housing, as these terms are defined elsewhere in this Bylaw) that is restricted pursuant to the Nantucket Housing Needs Covenant. Leave title to definition of Inclusionary Units and delete text below title and insert: For Sale housing (condominiums, cooperatives, and housing owned in fee simple) and Rental Housing (housing that is not "for sale” and is not Dormitory Housing, Seasonal Vacation Rentals, Neighborhood Employee Housing, or Seasonal Employee Housing, as these terms are defined elsewhere in this Bylaw) that is restricted pursuant to the Nantucket Housing Needs Covenant. Chapter 139 Section 7.H: Purpose: to make available housing that is affordable to people who provide year-round services essential to the Nantucket economy and earn less than 150% of the Nantucket County median household income; to maintain Nantucket's diversity and unique sense of community; to encourage moderate-income families to continue to reside on Nantucket; and to generate a supply of housing that is available to the children and grandchildren of Nantucketers. Definitions: the following definitions only apply to this Section 7.H of Chapter 139: "Essential Service Occupation": The year-round performance of services that are essential to the economy of Nantucket including, but not limited to, Town employees such as teachers, firefighters, and police officers; people involved in the building trades, people working in home occupations, retail employees, child and elderly care providers, and health care providers including doctors and nurses. "For Sale Housing": Condominiums, cooperatives, and housing owned in fee simple. "Maximum Rental Price": For units rented to households above 100% and below 150% of the Nantucket County median income, the rental price shall be no more than 30% of the annual income of a household earning 150% of the median income of Nantucket County as set forth in HUD Guidelines, adjusted for household size. For units sold to households below 100% of the Nantucket County median income, the rental price shall be no more Page 48 2001 Annual Town Meeting Warrant with Finance Committee Motions than 30% of the annual income of a household earning 100% of the median income of Nantucket County as set forth in HUD Guidelines, adjusted for household size. "Maximum Resale Price": For units sold to households above 100% and below 150% of the Nantucket County median income, the greater of 30% of the annual income of a household earning 150% of the median income of Nantucket County as set forth in HUD Guidelines, adjusted for household size or the price at which the unit was purchased increased by the Consumer Price Index, but in no event shall the resale price exceed the owner's purchase price plus 5% per annum compounded annually. For units sold to households below 100% of the Nantucket County median income the greater of 30% of the annual income of a household earning 100% of the median income of Nantucket County as set forth in HUD Guideline, adjusted for household sizes or the price at which the unit was purchased increased by the Consumer Price Index, but in no event shall the resale price exceed the owner's purchase price plus 5% per annum compounded annually. "Rental Housing": Housing that is not "for sale" and is not Dormitory Housing, Seasonal Vacation Rentals, Neighborhood Employee Housing, or Seasonal Employee Housing. Applicability: The provisions of this Section 7H, including the Nantucket Housing Need Covenant, shall apply to housing that is exempted or given points pursuant to the Interim Growth Rate Cap (Chapter 139 Section 24(C) and to Affordable Housing, Inclusionary Units or housing restricted pursuant to the Nantucket Housing Needs Covenant as these types of housing are referenced in Major Residential Development Special Permit (Chapter 139 Section 7F(7)(b); Major Commercial Development Special Permit (Chapter 139 Section 11J); and Large Residential Development (Chapter 139 Section 7G). Wherever there is a reference in Chapter 139 to the Nantucket Housing Needs Covenant, all of the provisions in this Section 7H shall apply. Eligible Households: Households earning less than 150% of the Nantucket County median household income, as set forth in HUD Guidelines, at least one member of whom is gainfully employed in an "Essential Service Occupation". Nantucket Housing Needs Covenant: a restriction that is executed by property owners and recorded in the Registry of Deeds or Land Court Registry District, that is enforceable by the Nantucket Housing Authority (NHA) or its designee that runs with the land for at least thirty years and at most, in perpetuity. This restriction shall be placed on Rental and For Sale housing that is occupied by households earning less than 150% of the Nantucket County median household income, as set forth in HUD Guidelines, at least one member of whom is gainfully employed in an "Essential Service Occupation". Additional Requirements for Nantucket Housing Needs Covenant for For Sale Units: Upon resale the NHA or its designee shall have a right of first refusal or an option to purchase a unit at the Maximum Resale Price. If the owner actively markets the unit and a purchaser cannot be located within 120 days of the time the unit is put on the market, the unit may be sold to a household that does not comply with the income and employment limits established by this restriction and the proceeds of the sale over and above the Maximum Page 49 2001 Annual Town Meeting Warrant with Finance Committee Motions Resale Price shall be paid to the NHA or its designee. Additional Requirements for Nantucket Housing Needs Covenant for Rental Units: The owner of the Rental unit or units shall provide the NHA or its designee with an annual certification of compliance with the terms of the restriction. If at the end of the lease it is determined that the tenant's income is more than the 100 or 150% of median-income-limit, the tenant will be required to pay the full fair market rent and the owner, shall make available to another Eligible Household a unit of a similar size at Maximum Rental Price. Monitoring and Administration: The NHA or its designee shall be charged with monitoring and administering the Nantucket Housing Needs Program. Program Requirements: If units restricted by the Nantucket Housing Needs Covenant are part of a development: They shall be integrated into the development and their exterior appearance shall be indistinguishable from the other units in the development. No more than 80% of the building permits for the market-rate units shall be issued for the development until construction has commenced on all of the units restricted by the Nantucket Housing Needs Covenant and no more than 80% of the occupancy permits for the market-rate units shall be issued until all of the occupancy permits for the restricted units have been issued. If units are condominiums, the condominium documents shall include provisions ensuring that owners of the restricted units will not be required to pay for capital improvements they cannot afford and that they have voting rights sufficient to ensure they have an effective role in condominium decision-making. All legal documentation (such as the restriction, the condominium or cooperative documents, leases, or monitoring agreements) shall be submitted to the NHA or its designee for its review and approval. (Christine B. Silverstein, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. PLANNING BOARD COMMENT: This article received a negative recommendation only because Article 36 was included in the warrant. ARTICLE 36 (Zoning Bylaw Amendment: Nantucket Housing Needs Program) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by amending §7A(2)(f) (All districts, including Limited Use General-1, 2 and 3 but excluding special and overlay districts/Permitted uses); and adding a new §7G (Nantucket Housing Needs Program), as follows (NOTE: new language is shown as Page 50 2001 Annual Town Meeting Warrant with Finance Committee Motions highlighted text; language to be deleted is shown by strike-out; these methods used to denote changes are not meant to become part of the final text): First, amend Chapter 139 §7(A)(2)(f) as follows [this is intended to clarify and amend the existing text]: (f) A dwelling shall not be considered “secondary” for the purposes of this §139-7 unless the secondary dwelling is in the same legal and beneficial ownership as the principal dwelling. The ownership of a lot by a cooperative housing corporation, land trust or other common interest ownership entity in which there is a separate beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to constitute “the same legal and beneficial ownership” for the purposes of the immediately preceding sentence. There shall at all times be the same ownership, title or interest (“Same Ownership”) between the holders of the legal and/or beneficial interest of the principal and secondary dwelling units unless the secondary dwelling unit is subject to a Nantucket Housing Needs Covenant. Same Ownership shall include, but not be limited to, condominium, cooperative housing corporation, land trust, or other common interest ownership community. Second, create a new §139-7G, as follows: G. Nantucket Housing Needs Program (1) Purpose: To create, make available and maintain housing that is affordable to people who earn less than 150% of the Nantucket County median household income; to maintain Nantucket’s diversity and unique sense of community; to encourage moderate-income families to continue to reside on Nantucket; and to generate a supply of housing that will remain affordable. (2) Definitions: The following definitions only apply to this §7G of Chapter 139: MAXIMUM RENTAL PRICE – Shall be no more than the Fair Market Rent established for Nantucket County as published by the U.S. Department of Housing and Urban Development in Federal Register, Vol. 65 No. 185 (September 25, 2000) and amended from time to time. MAXIMUM SALES PRICE – Shall be calculated by assuming a 10% down payment and an annual debt service (at prevailing 30-year fixed interest rates) that does not exceed 30% of the gross annual income of a household earning up to 125% of Median Income for a family of four. Page 51 2001 Annual Town Meeting Warrant with Finance Committee Motions MEDIAN INCOME - Median income of Nantucket, adjusted for family size, as published from time to time by the U.S. Department of Housing and Urban Development. NHA - the Nantucket Housing Authority. NANTUCKET HOUSING NEEDS COVENANT - A covenant placed on housing, which property owners choose to execute and which shall be enforceable by the NHA, to be recorded in the Registry of Deeds or the Land Court Registry District. PRINCIPAL RESIDENCE – As defined in Section 1034 of the Internal Revenue Code and the regulations thereunder, as amended from time to time. QUALIFIED PURCHASER HOUSEHOLD – A household whose gross annual income is not more than 150% of Median Income. QUALIFIED RENTER HOUSEHOLD- A household whose gross annual income is not more than 100% of Median Income. (3) General Requirements: (a) Housing subject to the Nantucket Housing Needs Covenant shall be: 1. Occupied by a Qualified Renter or Qualified Purchaser Household. 2. The Principal Residence of the Qualified Renter or Qualified Purchaser Household. 3. Affordable for the greater of 99 years or the maximum time period allowable by law. 4. The price of the unit shall not exceed the Maximum Sales Price. 5. The unit rent shall not exceed the Maximum Rental Price. 6. The owner of a unit being rented shall provide the NHA with an annual certification of compliance with the terms of the covenant. (4) Monitoring and Administration: (a) The NHA shall monitor and administer the Nantucket Housing Needs Program and may promulgate rules and regulations to implement it. Page 52 2001 Annual Town Meeting Warrant with Finance Committee Motions (b) All legal documentation shall be submitted to the NHA for review and approval. INFORMATIONAL NOTE: If a property owner chooses to execute a Nantucket Housing Needs Covenant on a dwelling unit, the unit must remain affordable to moderate-income families. Property owners choosing to execute a Nantucket Housing Needs Covenant will have the right to sell their “secondary dwelling unit”. Maximum Sales Price Example: 125% of Nantucket Median Income = $ 77,875 30% of $ 77,875 = $ 23,362 Based on an annual debt service of $ 23,362, the following sales price scenario would apply: $ 294,000 = Maximum Sales Price - $ 29,400 = 10% downpayment $ 264,600 = Loan Amount $ 1,941.54/month Principle & Interest @ 8%/30 years x 12 months $ 23,298 annual debt service (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-7A(2)(f) (All districts, including Limited Use General-1, 2 and 3 but excluding special and overlay districts/Permitted uses); establish a new §139-7G, are 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 text): First, amend Chapter 139 §7(A)(2)(f) as follows: (f) A The secondary dwelling shall not be considered “secondary” for the purposes of this §139-7 unless the secondary dwelling is in the same legal and beneficial ownership as the principal dwelling. The ownership of a lot by a condominium, cooperative housing corporation, land trust or other common interest ownership entity in which there is a separate beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to constitute “the same legal and beneficial ownership” for the purposes of the immediately preceding sentence. Second, substitute the following for Chapter 139 §7(A)(2)(g) and renumber Chapter 139 §7(A)(2)(g) to 139 §7(A)(2)(h) and Chapter 139 §7(A)(2)(h) to Chapter 139 §7(A)(2)(i): Page 53 2001 Annual Town Meeting Warrant with Finance Committee Motions (g) Notwithstanding Chapter 139 §7(A)(2)(f) a dwelling shall be considered “secondary” for the purposes of Chapter 139 §7 even if in different legal or beneficial ownership, if the secondary dwelling is subject to a Nantucket Housing Needs Covenant placed voluntarily on the property by the property owner. The purpose of this provision is to provide an incentive to property owners to participate in meeting the housing needs of Nantucket. Third, create a new §139-7G, as follows: G. Nantucket Housing Needs Program (1.) Purpose: To create, make available and maintain housing that is affordable to people who earn less than 150% of the Nantucket County median household income; to maintain Nantucket’s diversity and unique sense of community; to encourage moderate-income families to continue to reside on Nantucket; and to generate a supply of housing that will remain affordable. (2) Definitions: The following definitions only apply to this §7G of Chapter 139: Housing Authority - the Nantucket Housing Authority. MAXIMUM RENTAL PRICE – Shall be no more than the Fair Market Rent established for Nantucket County as published by the U.S. Department of Housing and Urban Development in Federal Register, Vol. 65 No. 185 (September 25, 2000) and as may hereafter be amended from time to time. MAXIMUM SALES PRICE – Shall be calculated by assuming a 10% down payment and an annual debt service (at prevailing 30-year fixed interest rates) that is equal to 30% of the gross annual income of a household earning up to 125% of Median Income for a family of four. MEDIAN INCOME - Median income of Nantucket, adjusted for family size, as published from time to time by the U.S. Department of Housing and Urban Development. NANTUCKET HOUSING NEEDS COVENANT - A covenant placed on housing, which property owners choose to execute and which shall be enforceable by the NHA, to be recorded in the Registry of Deeds or the Land Court Registry District. PRINCIPAL RESIDENCE – As defined in Section 1034 of the Internal Revenue Code and the regulations thereunder, and as may hereafter be amended from Page 54 2001 Annual Town Meeting Warrant with Finance Committee Motions time to time. QUALIFIED PURCHASER HOUSEHOLD – A household whose gross annual income is not more than 150% of Median Income. QUALIFIED RENTER HOUSEHOLD- A household whose gross annual income is not more than 100% of Median Income. (3) General Requirements: (a) Housing subject to the Nantucket Housing Needs Covenant shall be: 1. Occupied by a Qualified Renter or Qualified Purchaser Household. 2. The Principal Residence of the Qualified Renter or Qualified Purchaser Household. 3. Enforceable for the greater of 99 years or the maximum time period allowable by law. 4. The price of the unit shall not exceed the Maximum Sales Price. 5. The unit rent shall not exceed the Maximum Rental Price. 6. The owner of a unit being rented shall provide the Housing Authority with an annual certification of compliance with the terms of the covenant. (4) Monitoring and Administration: (a) The Housing Authority shall monitor and administer the Nantucket Housing Needs Program and may promulgate rules and regulations to implement it. Prior to promulgating such rules and regulations and prior to completing a model Nantucket Housing Needs Covenant, the Housing Authority shall hold a public hearing or hearings to solicit advice from the public. The Housing Authority shall publish notice of these hearings prominently in a newspaper of general circulation on Nantucket for two successive weeks. (b) All legal documentation shall be submitted to the Housing Authority for review and approval. PLANNING BOARD COMMENT: This amendment of Chapter 139 §7(A)(2)(f) and (g) is meant as an inducement for property owners to voluntarily choose to subject their property to a Nantucket Housing Needs Covenant and contribute to meeting the housing needs of Nantucket, in exchange for the right to convey a secondary dwelling. Page 55 2001 Annual Town Meeting Warrant with Finance Committee Motions If a property owner chooses to execute a Nantucket Housing Needs Covenant on a dwelling unit, the unit must remain affordable to moderate- income families. Property owners choosing to execute a Nantucket Housing Needs Covenant will have the right to sell their “secondary dwelling unit”. Maximum Sales Price Example: 125% of Nantucket Median Income = $77,875 30% of $ 77,875 = $ 23,362 Based on an annual debt service of $23,362, the following sales price scenario would apply: $ 294,000 = Maximum Sales Price $ 29,400 = 10% downpayment $ 264,600 = Loan Amount $ 1,928.68/month Principle & Interest @ 8%/30 years x 12 months $ 23,144.20 annual debt service ARTICLE 37 (Zoning Bylaw Amendment: Neighborhood Employee Housing Overlay District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by amending §139-2 (Definitions); §139-3E (Overlay Districts); establish a new §139-12C (Neighborhood Employee Housing District); caption of §139-12 (Overlay Districts Flood Hazard FHD and Public Well Recharge PWR); §139-7 (All districts, included Limited Use General-1, 2 and 3 but excluding special and overlay districts) D (Other use allowed only by exception requiring a special permit from the special permit granting authority); §139-24 (Rate of Development) C (Interim Growth Rate) (4)(c) (Exemptions); §139-18 (Off-street parking requirements) D (Table of Parking Requirements) as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): First, amend §139-2A (Definitions) to insert after “MOTEL” and before “NONCONFORMING STRUCTURE USE, OR LOT” the new following definition: NEIGHBORHOOD EMPLOYEE HOUSING – Housing for six (6) to twelve (12) employees and other eligible persons in a dwelling in accordance with §139-12C. Second, amend §139-2A (Definitions) by striking the following language: EMPLOYER DORMITORY – A dwelling in which sleeping accommodations for five (5) or more persons are provided by on or more employers, with occupancy limited solely to their employees. Page 56 2001 Annual Town Meeting Warrant with Finance Committee Motions Third, amend §139-3E (Overlay Districts) by adding the following new district: Neighborhood Employee Housing Overlay District NEHOD Fourth, create a new §139-12C: C. NEIGHBORHOOD EMPLOYEE HOUSING OVERLAY DISTRICT (NEHOD) The purpose of this overlay district is to provide decent and affordable housing for employees working in the Town of Nantucket, both seasonal and year-round, in a manner that is compatible with the densities and scale of existing neighborhoods, and which is well maintained and managed in a manner that is consistent with the use and enjoyment of a residential neighborhood. The NEHOD shall be located as depicted on a map entitled “Nantucket Employee Housing Overlay District”, dated February 1, 2001, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made a part hereof. (1) Permitted Uses: (a) All uses permitted by right or by Minor Site Plan Review in the underlying district in which the land is located. (b) The Board of Appeals may grant a Special Permit to permit the following uses: (i) Neighborhood Employee Housing containing a minimum of six (6) and up to twelve (12) persons per dwelling unit under the following conditions: (a) There shall be no more than three (3) lots (including the subject lot) containing Neighborhood Employee Housing within a 1000 foot radius; (b) There shall be no more than two (2) dwelling units (including NEHOD Housing) on any lot on which a Neighborhood Employee Housing establishment is located; (c) Vehicular and bicycle parking shall be located on the side or rear of the proposed structure and screened from view from the street to the extent possible; (d) The Zoning Board of Appeals may require additional landscaping and screening as deemed necessary by the Board to screen the facility adequately from neighboring properties; (e) Occupancy shall be limited to employees of those employers who own or lease space in such housing, together with their spouses, domestic partners, or dependents of such employers; Page 57 2001 Annual Town Meeting Warrant with Finance Committee Motions (f) The applicant shall provide evidence that with the housing, there is an entitlement to prepaid NRTA shuttle bus passes for all occupants for the duration of each occupancy; (g) The Zoning Enforcement Officer shall conduct a review of the compliance of the facility on at least the first anniversary of the issuance of the permit, and thereafter on an as-needed basis; (h) Each Special Permit application under this Chapter shall be accompanied by a Neighborhood Employee Housing Management Plan prepared in accordance with guidelines or rules and regulations adopted by the Zoning Board of Appeals. Fifth, amend the caption of §139-12: Overlay Districts Flood Hazard (FHD), Public Wellhead Recharge (PWR), Multifamily (MF), and Neighborhood Employee Housing (NEHOD) Sixth, amend §139-7D: D. Other use allowed only by exception requiring a special permit from the special permit granting authority. (1) Kennel. (2) Stable, public. (3 Windmill, commercial. (4) Employer dormitory. (5 4) A nonprofit club or other nonprofit organization for operation recreational facilities, including buildings and uses ancillary to such recreational facilities, or for the maintenance and management of conservation lands, provided they are not substantially more detrimental to the neighborhood nor the environment than existing or permitted alternative uses of the lot. Seventh, amend §139-24C(4)(c): (c) The provisions of this subsection C shall not be applicable to dwelling units constructed or sponsored by the Nantucket Housing Authority, or a nonprofit entity, or the Town or County of Nantucket, to be maintained as affordable housing, or housing exclusively for elderly or disabled residents of a senior housing facility as defined in §139 – 2A; nor to employer dormitory units, approved by the Zoning Board of Appeals prior to April 9, 2001; nor to dwelling units contained in Neighborhood Employee Housing approved pursuant to Chapter 139 § 12C; nor to inclusionary units built in conjunction with a Major Commercial Development (MCD) as provided in §139-11J of the Zoning Bylaw; nor to units intended to be occupied by first-time homebuyers as Page 58 2001 Annual Town Meeting Warrant with Finance Committee Motions defined by the Nantucket Land Bank Act (Chapter 669 of the Acts of 1983, as amended), conditional upon proof of residency on Nantucket for a period of two (2) years, as defined in §139-24C. Eighth, amend §139-18D, by eliminating the category and parking standard for “Employer Dormitories”, and adding the following new category and standard: Neighborhood Employee Housing 1 for every two occupants with a valid drivers license (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-2 (Definitions); §139-3E (Overlay Districts); establish a new §139-12C (Neighborhood Employee Housing District); caption of §139-12 (Overlay Districts Flood Hazard FHD and Public Well Recharge PWR); §139-7 (All districts, including Limited Use General-1, 2 and 3 but excluding special and overlay districts) D (Other use allowed only by exception requiring a special permit from the special permit granting authority); §139-24 (Rate of Development) C (Interim Growth Rate) (4)(c) (Exemptions); §139-18 (Off-street parking requirements) D (Table of Parking Requirements) are 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 text): First, amend §139-2A (Definitions) to insert after “MULTI-FAMILY DWELLING” and before “NONCONFORMING STRUCTURE, USE OR LOT” the new following definition: NEIGHBORHOOD EMPLOYEE HOUSING OVERLAY DISTRICT – An Overlay District in which housing is provided for six (6) to nine (9) employees in a dwelling unit, together with spouses, domestic partners, and dependents with the total occupancy on the number of persons in a building not to exceed 18 persons per lot, in accordance with §139-12C. Second, amend §139-2A (Definitions) as follows: EMPLOYER DORMITORY – A dwelling on a lot containing a legally permitted or nonconforming commercial or non-profit use, or on an adjacent lot in common ownership, for the use by employees of the entity conducting such use only, located outside of the NEHOD or DOD, in which sleeping accommodations for five (5) or more persons are provided by one or more employers, with occupancy limited solely to their employees. Third, amend §139-3E (Overlay Districts) by adding the following new district: Neighborhood Employee Housing Overlay District NEHOD Page 59 2001 Annual Town Meeting Warrant with Finance Committee Motions Fourth, create a new §139-4E: E. The NEHOD shall be located as depicted on a map entitled “Nantucket Employee Housing Overlay District”, dated February 1, 2001, revised March 6, 2001, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made a part hereof. A copy of the map shall be placed on file with the Town Clerk and the Building Commissioner upon adoption. Fifth, delete the heading of §139-7, and replace with the following: §139-7 All districts, including Limited Use General – 1, 2 and 3 subject to the provisions of special and overlay districts. Sixth, create a new §139-12C: C. NEIGHBORHOOD EMPLOYEE HOUSING OVERLAY DISTRICT (NEHOD) The purpose of this overlay district is to provide decent and affordable housing for employees working in the Town of Nantucket, both seasonal and year-round, in a manner that is compatible with the densities and scale of existing neighborhoods, and which is well maintained and managed in a manner that is consistent with the use and enjoyment of a residential neighborhood. (1) Allowed Uses: (a) All uses allowed on the lot by right in the underlying district in which the land is located. (2) Permitted Uses: (a) All uses permitted on the lot requiring a Special Permit, with or without Major or Minor Site Plan Review, in the underlying district in which the lot is located. (b) The special permit granting authority may grant a Special Permit with Minor Site Plan Review pursuant to the requirements of Chapter 139, §23, to permit Neighborhood Employee Housing containing a minimum of six (6) and up to nine (9) employees per dwelling unit, together with additional persons who are spouses, domestic partners, and dependents, with occupancy not to exceed 18 persons per lot. In determining the appropriate density for each application, the special permit granting authority shall apply the Review Objectives and Performance Standards of Chapter 139, §23 I and J. The following standards shall also apply: (i) There shall be no more than two (2) lots (including the subject lot) containing Neighborhood Employee Housing, Employer Dormitory Housing previously approved by the special permit granting authority under this Zoning Bylaw, or dormitory units that are legally Page 60 2001 Annual Town Meeting Warrant with Finance Committee Motions nonconforming, all within one thousand (1000) feet of the property line of a lot subject to this Special Permit; (ii) There shall be no more than two (2) units containing NEHOD housing or dwelling units, or a combination of the two, on any lot on which a Neighborhood Employee Housing establishment is located; (iii) Vehicular and bicycle parking shall be located on the side or rear of the proposed structure and screened from view from the street to the extent possible; (iv) The special permit granting authority may require additional landscaping and screening as deemed necessary by the special permit granting authority to screen the facility adequately from neighboring properties; (v) Occupancy shall be limited to employees of those employers who own or lease space in such housing, together with their spouses, domestic partners, or dependents of such employees; (vi) The applicant shall provide evidence that with the housing, there is an entitlement to prepaid NRTA shuttle bus passes for all occupants for the duration of each occupancy; (vii) The Zoning Enforcement Officer shall conduct an annual review of the compliance of the facility on the anniversary of the issuance of the permit, or more often as may be required by the special permit granting authority; (viii) Each Special Permit application under this subsection (b) shall be conditional on submission of a Neighborhood Employee Housing Management Plan prepared in accordance with guidelines or rules and regulations adopted by the special permit granting authority. Seventh, amend §139-7D: D. Other use allowed only by exception requiring a special permit from the special permit granting authority. (1) Kennel. (2) Stable, public. (3) Windmill, commercial. (4) Employer dormitory, on the premises of a legally permitted or nonconforming commercial use, located outside of the NEHOD or DOD. (5) A nonprofit club or other nonprofit organization for operation recreational facilities, including buildings and uses ancillary to such recreational facilities, or for the maintenance and management of conservation lands, provided they are not substantially more detrimental to the neighborhood nor the environment than existing or permitted alternative uses of the lot. (6) A home occupation that satisfies the criteria of Chapter 139 §7A(4), the Special Permit requirements of Chapter 139 §30, and the Minor Site Plan Review requirements, Review objectives and performance Criteria, found in Chapter 139 §23, and which: Page 61 2001 Annual Town Meeting Warrant with Finance Committee Motions [1] exceeds 200 s.f. of the gross floor area of the primary residential structure, to a maximum of 800 s.f.; and [2] employs more than one (1) non-resident on the premises; or, [3] offers commodities for sale on the premises occupying an area of no more than 200 square feet. Eighth, amend §139-24C(4)(c): (c) The provisions of this subsection C shall not be applicable to dwelling units constructed or sponsored by the Nantucket Housing Authority, or a nonprofit entity, or the Town or County of Nantucket, to be maintained as affordable housing, or housing exclusively for elderly or disabled residents of a senior housing facility as defined in §139 – 2A; nor to employer dormitories; nor to dwellings containing Neighborhood Employee Housing permitted pursuant to Chapter 139 §12C, subject to a limitation of 24 dwelling units for such housing exempt in any calendar year; nor to inclusionary units built in conjunction with a Major Commercial Development (MCD) as provided in §139-11J of the Zoning Bylaw; nor to units intended to be occupied by first-time homebuyers as defined by the Nantucket Land Bank Act (Chapter 669 of the Acts of 1983, as amended), conditional upon proof of residency on Nantucket for a period of two (2) years, as defined in §139-24C. Ninth, amend §139-18D, by adding the following new category and standard: Neighborhood Employee Housing 1 for every two occupants Page 62 2001 Annual Town Meeting Warrant with Finance Committee Motions Page 63 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 38 (Zoning Bylaw Amendment: Dormitory Overlay District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket by amending §139-2 (Definitions); §139-3E (Overlay Districts); establish a new §139-12D (Dormitory Overlay District); caption of §139-12 (Overlay Districts Flood Hazard FHD and Public Well Recharge PWR); §139-7 (All districts, included Limited Use General-1, 2 and 3 but excluding special and overlay districts) D (Other use allowed only by exception requiring a special permit from the special permit granting authority); §139-24 (Rate of Development) C (Interim Growth Rate) (4)(c) (Exemptions); §139-18 (Off-street parking requirements) D (Table of Parking Requirements) as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): First, amend §139-2A (Definitions), as follows: insert after the definition of “DISPOSAL” and before the definition of “DWELLING” the following new definition: DORMITORY HOUSING - Dormitory housing developed in accordance with Chapter 139- §12D, at a density not to exceed one hundred (100) persons per acre. Second, amend §139-2A (Definitions) by striking the following language: EMPLOYER DORMITORY – A dwelling in which sleeping accommodations for five (5) or more persons are provided by on or more employers, with occupancy limited solely to their employees Third, amend §139-3E (Overlay Districts) by adding the following new district: Dormitory Overlay District DOD Fourth, amend the caption for §139-12 by adding the words "and Dormitory Overlay District (DOD)". Fifth, insert in Chapter 139 a new §12D entitled “Dormitory Overlay District”: 12D. DORMITORY OVERLAY DISTRICT. The purpose of the Dormitory Overlay District is to provide for large-scale developments of decent and affordable housing for employees working in the Town of Nantucket, both seasonal and year-round, in a manner that removes these potentially incompatible uses from existing neighborhoods of predominant single-family residential character, but places them close to transit, bike paths, public sewer, and water, and in places readily accessible to employment centers. The DOD shall be located as depicted on a map entitled "Dormitory Overlay District,” dated February 1, 2001, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made a part hereof. 1. Allowed Uses: Page 64 2001 Annual Town Meeting Warrant with Finance Committee Motions (a) All uses allowed by right or by Minor Site Plan Review in the underlying district in which the land is located. 2. Permitted Uses: (a) The Board of Appeals may grant a Special Permit to permit the following uses: (i) Dormitory Housing a. Density within the Dormitory Overlay District shall not exceed 100 persons per acre of land. b. In addition to the standards for buffering and screening required under Chapter 139 §23, Site Plan Review, the Zoning Board may require additional landscaping and screening as deemed necessary by the Board to screen the facilities adequately from neighboring properties, particularly those DOD facilities that may abut or be visible from single family residential properties. c. Vehicular and bicycle parking shall be located on the side or rear of the proposed structure and screened from view from the street to the extent possible. d. Occupancy shall be limited to employees of those employers who own or lease space in such housing, together with their spouses, domestic partners, or dependents of such employers. f. The applicant shall provide evidence that with the housing, there is an entitlement to prepaid NRTA shuttle bus passes for all occupants for the duration of each occupancy. g. The Zoning Enforcement Officer shall conduct a review of the compliance of the facility on at least the first anniversary of the issuance of the permit, and thereafter on an as-needed basis. h. Each Special Permit application under this Chapter shall be accompanied by a Dormitory Overlay District Management Plan prepared in accordance with guidelines or rules and regulations adopted by the Zoning Board of Appeals. Sixth, amend the caption of §139-12: Overlay Districts Flood Hazard (FHD), Public Wellhead Recharge (PWR), Multifamily (MF), Neighborhood Employee Housing (NEHOD), and Dormitory Overlay District (DOD). Seventh, amend §139-7D: D. Other use allowed only by exception requiring a special permit from the special permit granting authority. Page 65 2001 Annual Town Meeting Warrant with Finance Committee Motions (1) Kennel. (2) Stable, public. (3) Windmill, commercial. (4) Employer dormitory. (5 4) A nonprofit club or other nonprofit organization for operation recreational facilities, including buildings and uses ancillary to such recreational facilities, or for the maintenance and management of conservation lands, provided they are not substantially more detrimental to the neighborhood nor the environment than existing or permitted alternative uses of the lot. Eighth, amend §139-24C(4)(c): (c) The provisions of this subsection C shall not be applicable to dwelling units constructed or sponsored by the Nantucket Housing Authority, or a nonprofit entity, or the Town or County of Nantucket, to be maintained as affordable housing, or housing exclusively for elderly or disabled residents of a senior housing facility as defined in §139 – 2A; nor to employer dormitory units, approved by the Zoning Board of Appeals prior to April 9, 2001; nor to dwelling units containing Neighborhood Employee Housing approved pursuant to Chapter 139 § 12C; nor to dwelling units developed pursuant to Chapter 139 § 12D, Dormitory Overlay District; nor to inclusionary units built in conjunction with a Major Commercial Development (MCD) as provided in §139-11J of the Zoning Bylaw; nor to units intended to be occupied by first-time homebuyers as defined by the Nantucket Land Bank Act (Chapter 669 of the Acts of 1983, as amended), conditional upon proof of residency on Nantucket for a period of two (2) years, as defined in §139-24C. Ninth, amend §139-18D, by eliminating the category and parking standard for “Employer Dormitories”, and adding the following new category and standard: Dormitory Overlay District not to exceed 1 for every ten occupants with a valid drivers license (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-2 (Definitions); §139-3E (Overlay Districts); establish a new §139-12D (Dormitory Overlay District); caption of §139-12 (Overlay Districts Flood Hazard FHD and Public Well Recharge PWR); §139-7 (All districts, including Limited Use General-1, 2 and 3 but excluding special and overlay districts) D (Other use allowed only by exception requiring a special permit from the special permit granting authority); §139-24 (Rate of Development) C (Interim Growth Rate) (4)(c) (Exemptions); §139-18 (Off-street parking requirements) D (Table of Parking Requirements), are 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 text): First, amend §139-2A (Definitions), as follows: insert after the definition of Page 66 2001 Annual Town Meeting Warrant with Finance Committee Motions “DISPOSAL” and before the definition of “DWELLING” the following new definition: DORMITORY HOUSING - Housing for employees consisting of a mix of single- family, duplex, and dormitory-style housing types developed in accordance with Chapter 139-§12D, at a density not to exceed one hundred (100) persons per acre. Second, amend §139-2A (Definitions) as follows: EMPLOYER DORMITORY – A dwelling on a lot occupied by a legally permitted or nonconforming commercial or nonprofit recreational use, or on an adjoining lot under the same ownership, all located outside of the NEHOD and DOD Overlay Districts in which sleeping accommodations for five (5) or more persons are provided by one or more employers, with occupancy limited solely to their employees. Third, amend §139-3E (Overlay Districts) by adding the following new district: Dormitory Overlay District DOD Fourth, create a new § 139-4F: F. The DOD shall be located as depicted on a map entitled "Dormitory Overlay District,” dated February 1, 2001, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made a part hereof. A copy of the map is on file with the Town Clerk and the Building Commissioner. Fifth, delete the heading of §139-7, and replace with the following: §139-7 All districts, including Limited Use General – 1, 2 and 3 subject to the provisions of special and overlay districts. Sixth, amend the caption for §139-12 by adding the words "and Dormitory Overlay District (DOD)". Seventh, insert in Chapter 139 a new §12D entitled “Dormitory Overlay District”: 12D. DORMITORY OVERLAY DISTRICT. The purpose of the Dormitory Overlay District (DOD) is to provide for large-scale developments in order to provide decent and affordable housing for employees working in the Town of Nantucket, both seasonal and year-round, in a manner that removes these potentially incompatible uses from existing neighborhoods of predominant single-family residential character, but places them close to transit, bike paths, public sewer, and water, and in places readily accessible to employment Page 67 2001 Annual Town Meeting Warrant with Finance Committee Motions centers. It is the intent of this Section to encourage employee housing that consists, in large part, of a mix of single-family, duplex, and dormitory-style housing types, predominantly in smaller structures, rather than in “barracks-style” conventional dormitory structures. 1. Allowed Uses: (a) All uses allowed on the lot by right in the underlying district in which the land is located. 2. Permitted Uses: (a) All uses permitted on the lot requiring a Special Permit, with or without Major or Minor Site Plan Review, in the underlying district in which the lot is located. (b) The special permit granting authority may grant a Special Permit with Minor Site Plan Review pursuant to the requirements of Chapter 139, §23 to permit Dormitory Housing, also subject to the following standards: (i) Density within the Dormitory Overlay District shall not exceed 100 persons per acre of land, and no more than two dwelling units per lot or leasehold area as may be established by the Nantucket Airport Commission, provided such leasehold area meets the minimum lot size requirements of the underlying zone. (ii) In addition to the standards for buffering and screening required under Chapter 139 §23, Site Plan Review, the special permit granting authority may require additional landscaping and screening as deemed necessary by the special permit granting authority to screen the facilities adequately from neighboring properties, particularly those DOD facilities that may abut or be visible from single family residential properties. (iii) Vehicular and bicycle parking shall be located on the side or rear of the proposed structure and screened from view from the street to the extent possible. (iv) Occupancy shall be limited to employees of those employers who own or lease space in such housing, together with their spouses, domestic partners, or dependents of such employees. (v) The applicant shall provide evidence that with the housing, there is an entitlement to prepaid NRTA shuttle bus passes for all occupants for the duration of each occupancy. (vi) The Zoning Enforcement Officer shall conduct an annual review of the compliance of the facility on the anniversary of the issuance of the permit, or more often as may be required by the special permit granting authority. (vii) Each Special Permit application under this subsection (b) shall be conditional on submission of a Dormitory Overlay District Management Plan prepared in accordance with guidelines or Page 68 2001 Annual Town Meeting Warrant with Finance Committee Motions rules and regulations adopted by the special permit granting authority. Eighth, amend the caption of §139-12: Overlay Districts Flood Hazard (FHD), Public Wellhead Recharge (PWR), Multifamily (MF), Neighborhood Employee Housing (NEHOD), and Dormitory Overlay District (DOD). Ninth, amend §139-7D: D. Other use allowed only by exception requiring a special permit from the special permit granting authority. (1) Kennel. (2) Stable, public. (3) Windmill, commercial. (4) Employer dormitory, on the premises of a legally permitted or nonconforming commercial use, located outside of the NEHOD or DOD. (5) A nonprofit club or other nonprofit organization for operation recreational facilities, including buildings and uses ancillary to such recreational facilities, or for the maintenance and management of conservation lands, provided they are not substantially more detrimental to the neighborhood nor the environment than existing or permitted alternative uses of the lot. (6) A home occupation that satisfies the criteria of Chapter 139 § 7A(4), the Special Permit requirements of Chapter 139 § 30, and the Minor Site Plan Review requirements, Review objectives and performance Criteria, found in Chapter 139 § 23, and which: [1] exceeds 200 s.f. of the gross floor area of the primary residential structure, to a maximum of 800 s.f.; and [2] employs more than one (1) non-resident on the premises; or, [3] offers commodities for sale on the premises occupying an area of no more than 200 square feet. Tenth, amend §139-24C(4)(c): (c) The provisions of this subsection C shall not be applicable to dwelling units constructed or sponsored by the Nantucket Housing Authority, or a nonprofit entity, or the Town or County of Nantucket, to be maintained as affordable housing, or housing exclusively for elderly or disabled residents of a senior housing facility as defined in §139 – 2A; nor to employer dormitory; nor to dwellings containing Neighborhood Employee Housing permitted pursuant to Chapter 139 § 12C, subject to a limitation of 24 dwelling units for such housing exempt in any calendar year; nor to housing permitted pursuant to Chapter 139 § 12D, Dormitory Overlay District; nor to inclusionary units built in conjunction with Page 69 2001 Annual Town Meeting Warrant with Finance Committee Motions a Major Commercial Development (MCD) as provided in §139-11J of the Zoning Bylaw; nor to units intended to be occupied by first-time homebuyers as defined by the Nantucket Land Bank Act (Chapter 669 of the Acts of 1983, as amended), conditional upon proof of residency on Nantucket for a period of two (2) years, as defined in §139-24C. Eleventh, amend §139-18D, by adding the following new category and standard: Dormitory Overlay District a minimum of 4, but otherwise not to exceed 1 for every five occupants Page 70 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 39 (Zoning Bylaw Amendment: Large Scale Residential Development) To see if the Town will vote to amend Chapter 139 of the Code of the Town of Nantucket, as follows: First, amend Chapter 139 §2A (Definitions) by adding a new definition after the definition “KENNEL” and before the definition of "LODGING, ROOMING, OR GUEST HOUSE" as follows: LARGE SCALE RESIDENTIAL DEVELOPMENT- (a) Creation of more than six (6) lots in subdivisions in all districts except LUG-2 and LUG-3. (b) Creation of more than three (3) lots in subdivisions within LUG-2 and LUG-3 districts. Second, amend Chapter 139 §7D by adding a new subsection (6) as follows: (6) Large Scale Residential Development (see Chapter 139, s 7G) Third, insert a new Chapter 139 §-7G as follows: G. Large Scale Residential Developments (1) Purpose (a) To subject Large Scale Residential Developments to the same review process as alternative development options. (b) To carefully analyze open space considerations as part of all Large Scale Residential Developments. (c) To require Large Scale Residential Developments to provide housing that is affordable to Nantucket’s year-round population. (2) Affordable Housing Contribution (a) In Large Scale Residential Development, at least 20% of the lots or dwelling units, but not less than one, shall be subject to a Nantucket Housing Needs Covenant as described in Chapter 139 §7H. Such restricted units or lots shall be included within the development unless the applicant elects to create such covenanted lots or units in another location. (3) Analysis of Development Parcel(s) to Determine Open Space (a) In determining whether or not to grant a special permit for a Large Scale Residential Development, the Planning Board shall send notice that a special permit application has been submitted under this section to the Conservation Page 71 2001 Annual Town Meeting Warrant with Finance Committee Motions Commission, Park and Recreation Commission, Land Bank, Wannacomet Water Company and any other organization which the Planning Board determines to have relevant information regarding the conservation, recreational or preservation value of the subject parcel(s). In its analysis of the land's conservation, recreational, or preservation value, the Planning Board shall consider any written responses from such organizations, received within 45 days of the date of notice. (b) The open space protected pursuant to this Section must have "conservation, recreation or preservation value," which may include historic, ecological, agricultural, water resource, scenic or other natural features or qualities. Examples of lands with conservation, recreation or preservation value include perimeter land, land providing views of the ocean and ponds, moorland, heathland, agricultural land, wetlands, and water bodies and Land lying in an area identified as "greenbelt" as described in Chapter 139, §12D, Country Overlay District. (c) The Planning Board shall consider the effect of a proposed Large Scale Residential Development upon the conservation, recreation or preservation value of land including but not limited to: [1] Open meadows and farmland, especially if visible from public roads. [2] Areas of trees and other vegetation that screen existing or proposed development from the road. [3] Land of scenic, historic, or environmental resource value such as moors, heath, dunes, bluffs, beaches, hilltops, ponds, archaeological sites, wildlife habitat, floodplain, aquifer recharge, and wetlands. [4] Land that has potential to be part of the recreational open space system for the Town, including beaches, beach access roads or trails, and other identified trail corridors. (d) The Planning Board may grant a Special Permit for Large Scale Residential Development if it finds that the standards set down in Section 139-7B(2)(a), (b), and (c) have been adhered to. (e) The Planning Board shall not grant a Special Permit unless it determines that a proposed Large Scale Residential Development will not substantially diminish the conservation, recreation, or preservation value of the land. The Planning Board shall make a detailed record of its findings and shall include a determination whether an application utilizing either the cluster provisions of 139-7B or the Major Residential Development provisions of 139-7F would more effectively protect the land's conservation, recreation, or preservation values. (Joan S. Barnes, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-2A (Definitions); §139-7 (All districts, including Limited Use Page 72 2001 Annual Town Meeting Warrant with Finance Committee Motions General-1, 2 and 3 but excluding special and overlay districts) D (Other use allowed only by exception requiring a special permit from the special permit granting authority); establish a new §139-7G (Large Scale Residential Developments), are 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 text): First, amend Chapter 139 §2A (Definitions) by adding a new definition after the definition “KENNEL” and before the definition of "LODGING, ROOMING, OR GUEST HOUSE" as follows: LARGE SCALE RESIDENTIAL DEVELOPMENT- (a) Creation of more than six (6) buildable lots in subdivisions in all districts except LUG-2 and LUG-3. (b) Creation of more than three (3) buildable lots in subdivisions within LUG-2 and LUG-3 districts. Second, amend Chapter 139 §7D by adding a new subsection (7) as follows: (7) Large Scale Residential Development (see Chapter 139, §7G) Third, insert a new Chapter 139 §7G as follows: G. Large Scale Residential Developments (1) Purpose (a) To subject Large Scale Residential Developments to the same review process as alternative development options. (b) To carefully analyze open space considerations as part of all Large Scale Residential Developments. (2) Analysis of Development Parcel(s) to Determine Open Space (a) In determining whether or not to grant a special permit for a Large Scale Residential Development, the Planning Board shall send notice that a special permit application has been submitted under this section to the Conservation Commission, Park and Recreation Commission, Land Bank, Wannacomet Water Company and any other organization which the Planning Board determines to have relevant information regarding the conservation, recreational or preservation value of the subject parcel(s). In its analysis of the land's conservation, recreational, or preservation value, the Planning Board shall consider any written responses from such organizations, received within 45 days of the date of notice. (b) The open space protected pursuant to this Section must have "conservation, recreation or preservation value," which may include historic, ecological, agricultural, water resource, scenic or other natural features or qualities. Examples of lands with conservation, recreation or preservation Page 73 2001 Annual Town Meeting Warrant with Finance Committee Motions value include perimeter land, land providing views of the ocean and ponds, moorland, heathland, agricultural land, wetlands, and water bodies. (c) The Planning Board shall consider the effect of a proposed Large Scale Residential Development upon the conservation, recreation or preservation value of land including but not limited to: [1] Open meadows and farmland, especially if visible from public roads. [2] Areas of trees and other vegetation that screen existing or proposed development from the road. [3] Land of scenic, historic, or environmental resource value such as moors, heath, dunes, bluffs, beaches, hilltops, ponds, archaeological sites, wildlife habitat, floodplain, aquifer recharge, and wetlands. [4] Land that has potential to be part of the recreational open space system for the Town, including beaches, beach access roads or trails, and other identified trail corridors. (d) The Planning Board may grant a Special Permit for Large Scale Residential Development if it finds that the standards set down in Section 139-7B(2)(a), (b), and (c) have been adhered to. (e) The Planning Board shall not grant a Special Permit unless it determines that a proposed Large Scale Residential Development will not substantially diminish the conservation, recreation, or preservation value of the land. The Planning Board shall make a detailed record of its findings and shall include a determination whether an application utilizing either the cluster provisions of 139-7B or the Major Residential Development provisions of 139-7F would more effectively protect the land's conservation, recreation, or preservation values. ARTICLE 40 (Bylaw: Prohibition of Smoking in Certain Places) To see if the Town will vote to amend the Code of the Town of Nantucket by adding the following Chapter: Chapter __. Prohibition of Smoking in Certain Places within the Town of Nantucket Section 1. Definitions. As used in this chapter: Board: The Board of Health of the Town of Nantucket. Bar: An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. (Incidental food is limited to prepackaged snack Page 74 2001 Annual Town Meeting Warrant with Finance Committee Motions foods and food that only requires minimum preparation.) Page 75 2001 Annual Town Meeting Warrant with Finance Committee Motions Employee: Any person who performs services for an employer. Employer: A person, partnership, association, corporation, company or other organized group including the County/Town of Nantucket and any department or agency thereof, which utilizes the services of one or more employees. Health Care Facility: Any office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions including but not limited to rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, offices of any surgeon, chiropractor, physical therapist, physician, dentist and all specialists within these professions. Indoor Sports Arena: Any sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar recreational facilities where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. Person: Any person, firm, partnership, association, corporation, company or organization of any kind including, but not limited to a owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the agents or designees of the foregoing. Public Place: Any building or facility owned, leased, operated or occupied by the municipality including school buildings or grounds; any area open to the general public including, but not limited to, libraries, museums, theatres, auditoriums, indoor sports arenas and/or recreational facilities, inns, hotel and motel lobbies, educational facilities, shopping malls, public restrooms, lobbies, staircases, halls, exits, entrances, elevators accessible to the public, and licensed child-care locations. Public Transportation: Buses, taxis, and other means of transportation available to the general public while such means of transportation is operating within the boundaries of the town including indoor platforms by which such means of transportation may be accessed. Restaurant: Any coffee shop, cafeteria, sandwich shop, private and public school cafeteria and other eating establishment which gives or offers food for sale to the public, guests or employees for on-premises consumption, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. Retail Food Store: Any establishment commonly known as a supermarket, grocery store, bakery, or convenience store in which the primary activity is the sale of food items to the public for off-premises consumption. Retail Store: Any establishment whose primary purpose is to sell or offer for sale to consumers, but not for resale, any goods, wares, merchandise, articles or other things, including retail food store. "Retail store" shall not include restaurants as defined herein. Page 76 2001 Annual Town Meeting Warrant with Finance Committee Motions Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette or other tobacco product in any form. Town: The Town of Nantucket. Work Place: Any enclosed area of a structure or portion thereof at which one (1) or more employees perform services for their employer. Section 2. Notice of Prohibition. Every person having control of premises upon which smoking is prohibited by and under the authority of this chapter shall conspicuously display upon the premises "No Smoking" signs provided by the Massachusetts Department of Public Health and available from the Nantucket Board of Health. Section 3. Smoking Prohibited. No person shall smoke nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this chapter, or the agent or designee of such person, permit a person to smoke in any following places as defined herein: bars, health care facilities, public places, public transportation, restaurants, retail stores, and work places except as otherwise provided in Section 4 of this chapter. Additionally, no person shall smoke in any place in which a sign conforming to the requirements of Section 2 of this chapter is posted. No person shall remove a sign posted under the authority of Section 2 of this chapter. Section 4. Exceptions. Notwithstanding the provisions of Section 3, smoking may be permitted in the following places and/or circumstances: (a) Private residences, except those portions used as a child care or health care office when operating as such. (b) Hotel and motel rooms rented to guests that are designated as smoking rooms. (c) Private or semi-private rooms of nursing homes and long term care facilities, occupied by one (1) or more patients, which are separately ventilated and all of whom are smokers who have requested in writing to be placed in rooms where smoking is permitted. (d) Retail tobacco stores, which are solely for the sale of tobacco products, prohibit minors from entering the establishment, and which are not required to possess a retail food permit. Page 77 2001 Annual Town Meeting Warrant with Finance Committee Motions Section 5. Violations. It shall be a violation for any employer or other person having control of the premises upon which smoking is prohibited by this chapter, or the agent or designee of such person to permit a violation of this chapter. It shall be a violation for any person to smoke in any area where smoking is prohibited by the provisions of this chapter. Any person who violates any provision of this chapter shall be subject to a fine of fifty ($50.00) dollars for the first violation, one hundred ($100.00) dollars for the second violations, and two hundred ($200.00) dollars for a third or subsequent violations during any one calendar year. Section 6. Enforcement. The Nantucket Board of Health or its agent shall enforce this chapter. One method of enforcement may be periodic, unannounced inspections of those establishments subject to these regulations. Any citizen who desires to register a complaint under this regulation may do so by contacting the Nantucket Board of Health. Whoever violates any provision of his chapter, the violation of which is subject to a specific penalty, may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21 D or by filing a criminal complaint. Any fines imposed under the provisions of this chapter shall inure to the Town of Nantucket for such use as the Town may direct. Each day on which any violation exists shall be deemed to be a separate offense. Section 7. Severability. If any paragraph or provision of this chapter is found to no illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions. Section 8. Other Applicable Laws. This chapter shall not be interpreted or construed to permit smoking where is otherwise restricted by other applicable health, safety or fire codes, regulations or statutes. Section 9. Effective Date. This chapter will be effective thirty (30) days from the date of approval By the Office of the Attorney General of the Commonwealth of Massachusetts. Page 78 2001 Annual Town Meeting Warrant with Finance Committee Motions Or take any other action in relation thereto. (Barry G. Rector, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 41 (Bylaw Amendment: Streets and Sidewalks) To see if the Town will vote to amend Chapter 127 (Streets and Sidewalks) of the Code of the Town of Nantucket as follows: First, amend Chapter 127 Article VII (Road Construction) as follows: Delete the section heading "Prohibitions" and delete the text of the section in its entirety and replace it with the following: Limitations on Road Improvements and Construction A. In order to protect the historic and natural character of the Town and preserve its tourist economy, the following are hereby prohibited for any private or Town public way or street on Nantucket unless an exception of any of the following standards is expressly authorized by a majority vote of Town Meeting for a specific project: (1) Road widenings for the purpose of increasing motor vehicle travel capacity; (2) The construction of travel lanes dedicated as turning lanes for motor vehicles; (3) The installation of automated traffic signals; (4) The construction of new public streets; and, (5) Paving of any unimproved private or publicly owned streets, ways, or roads. B. This Bylaw shall not apply to State roads, County roads, ways pursuant to the Subdivision Control Law, and common driveways. Second, amend Chapter 127 § 20 (Exceptions) by deleting subsections A, F, and G, and by re-lettering subsections B, C, D, and E, as A, B, C, and D, respectively. Third, delete Chapter 127 § 22 (Time limit; expiration) in its entirety. (Christine B. Silverstein, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 79 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 42 (Bylaw Amendment: Streets and Sidewalks) To see if the Town will vote to amend Article VII of Chapter 127 of the Code of the Town of Nantucket as follows: A. Deleting sub-paragraph F of Section 127-20 (Exceptions) in its entirety and re- lettering subsection G as subsection F; and, B. Deleting Section 127-22 (Time limit; expiration) in its entirety and replacing it with the following new language: "This article is intended to be a temporary measure to control growth until such growth is addressed by bylaws promulgated pursuant to the Nantucket Comprehensive Community Plan formulated pursuant to Chapter 561 of the Massachusetts Legislative Acts of 1973, as amended. The prohibitions herein shall expire on December 31, 2008, unless extended, amended or repealed by Town Meeting. (Christine B. Silverstein, et al) FINANCE COMMITTEE MOTION: Moved that Chapter 127 (Streets and Sidewalks), Article VII (Road Construction), §127-20 (Exceptions), §127-22 (Time limit; expiration) 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 strike-out; these methods to denote changes are not meant to become part of the final text): §127-20. Exceptions. Exceptions to the above prohibitions are: A. Work pursuant to road construction contracts signed by the town or county before the effective date of this article. B. Reconstruction of road beds and resurfacing of paved roads in existence prior to the effective date of this article. C. Road improvements (not including traffic signal systems) as required by the Planning Board in conjunction with the approval of subdivision plans. D. Reconstruction of existing road drainage systems or construction of new drainage systems, provided that such systems are equipped with petroleum separation and capture per Massachusetts Department of Environmental Protection standards. E. Bike paths. Page 80 2001 Annual Town Meeting Warrant with Finance Committee Motions F. A proposed road to extend between Sparks Avenue and Surfside Road running behind Nantucket Public Schools, which road is recommended in the Traffic Management Strategy approved by the NP & EDC on November 4, 1996. G.F Works pursuant to town or county road construction presently under state grant. §127-22. Time limit; expiration. This article is intended to be a temporary measure to control growth until such growth is addressed in the Nantucket Comprehensive Plan to be formulated pursuant to Chapter 561 of the Massachusetts Legislative Acts of 1973, as amended. The prohibitions herein shall expire on December 31, 2001 2004, unless extended, amended or repealed by Town Meeting. ARTICLE 43 (Bylaw: Nitrogen Management) To see if the town will vote to amend the Code of the Town of Nantucket by adding the following Chapter 100. Chapter 100. Nitrogen Management Within The Nantucket Harbor Watershed 100.1. Authority This bylaw is adopted by the Town under its police powers to protect public health and welfare and its powers under Massachusetts General Law chapter 40, section 21 et seq and section 1 of chapter 307 of the Acts of 1925 as amended by chapter 436 of the Acts of 1963 and chapter 476 of the Acts of 1987. 100.2. Purpose and Intent The purpose of this bylaw is to assess nitrogen loading from septic system, fertilizers, impervious surfaces and other land use-generated water quality impacts within the Nantucket Harbor Watershed, (originally identified as a nitrogen-sensitive embayment by the 1997 Woods Hole Oceanographic Institute (WHOI) Harbor Study and more recently the Applied Science Associates Circulation Modeling Project), so as to protect, preserve, and maintain its long-term ecological health. Water Quality Reports, as a precondition to a building permit and/or any approval for certain alterations (listed above) within the Nantucket Harbor Watershed, will enable the Town of Nantucket to develop an ongoing capability to monitor water quality conditions and changes in waterbodies and to evaluate the impacts of development on the coastal environment. 100.3. Definitions A. Nantucket Harbor Watershed "Nantucket Harbor Watershed" shall mean the harbor watershed area designated under Chapter 99 of the Code of the Town of Nantucket as the Page 81 2001 Annual Town Meeting Warrant with Finance Committee Motions Nantucket Harbor Watershed, delineated on the map entitled "Nantucket Harbor Watershed", Nantucket GIS, dated January 1999. B. Nitrogen Management "Nitrogen management" means the process of ensuring that nitrogen generated by land uses does not exceed established capacities of the resources receiving nitrogen inputs. C. Person "Person" shall mean any individual, corporation, trust, partnership or association, or other entity. 100.4. Water Quality Report Any person applying for alterations occurring within the Nantucket Harbor Watershed that would include, (but not be limited by) any construction or addition(s) to dwellings of more than 2,000 square feet and/or any subdivision of more than two building lots, and/or any development effecting one acre or more, is required to provide a Water Quality Report to the Town of Nantucket. This report, prepared by a certified water quality professional, would provide an analysis of the impact of the proposed development on the Nantucket Harbor Watershed; including, but not limited to: calculation and mitigation of nutrient loading, expected changes to water quality, ratio of lawn area to unaltered vegetation and/or lot size, combined area of all impervious surfaces, and a demonstrated compliance with nitrogen management requirements of Section 100.5. 100.5. Performance Standards Maximum allowable nitrogen load within the Nantucket Harbor Watershed to be at the discretion of the Town of Nantucket, and based on the best available science and data at the time of the application. If, upon a finding that the Nantucket Harbor Watershed (wholly or partly) possesses characteristics that make it likely to suffer unacceptable, adverse, effects to wildlife habitat, fisheries and/or shellfish, vegetation, or human health and safety, the Town of Nantucket may set a reduced standard for nitrogen loads emanating from alterations (listed above) occurring on a lot within the Nantucket Harbor Watershed. 100.6. Approval The issuance of approval for alterations within the Nantucket Harbor Watershed must specify necessary mitigation measures, and require an appropriate monitoring program and performance guarantees, or deny the approval on the basis of excessive nitrogen levels. For any proposed activities exceeding the maximum nitrogen compliance levels as cited in Section 4, above, the applicant will be permitted to submit revised plans so as to diminish the projected nitrogen load to achieve levels designated by the Town of Nantucket at the time of application. Such revisions may include reduction in living space of dwellings, lawn areas, surface area of impervious surfaces and/or changes in septic system type/design. In issuing an approval the Town of Nantucket may impose conditions, including the requirement for utilizing BEST AVAILABLE MEASURES, to lower the nitrogen load toward achieving the desired performance standards herein. No approvals for alterations in the Nantucket Harbor Watershed (listed above) will be issued without a Water Quality Report. Page 82 2001 Annual Town Meeting Warrant with Finance Committee Motions 100.7 Enactment This regulation will go into effect one (1) year after its passage, allowing for industry education and the Town of Nantucket to properly design and implement a nitrogen management strategy and accompanying performance standards for the Nantucket Harbor Watershed. (Philip Austin, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 44 (Bylaw Amendment: Wetlands) To see if the Town will vote to amend Chapter 136 (Wetlands) §4 (Hearing; determination) 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 strike-out; these methods to denote changes are not meant to become part of the final text): § 136-4. Hearing; determination. B. Permit and conditions. If, after the public hearing, the Commission determines that the area which is the subject of the application is significant to the interests of this chapter, the Commission shall, within twenty-one (21) days of such hearing, issue or deny a permit for the work requested. If it issues a permit after making such determination, the Commission shall impose such conditions as it determines are necessary or desirable for the protection of those interests, and all work shall be done in accordance with those conditions. If the Commission determines that the area which is the subject of the application is not significant to the interests protected by this chapter or that the proposed activity does not require the imposition of conditions, it shall issue a permit without conditions within twenty-one (21) days of the public hearing. Permits shall expire three (3) years from the date of issuance unless renewed prior to expiration. Permits may be extended for two (2) three (3) one-year periods. The Commission may determine by regulation standards for the granting or denial of an extension. (Board of Selectmen for Conservation Commission) FINANCE COMMITTEE MOTION: Moved that Chapter 136 (Wetlands) §4 (Hearing; determination) 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 strike-out; these methods to denote changes are not meant to become part of the final text): § 136-4. Hearing; determination. B. Permit and conditions. If, after the public hearing, the Commission determines that the area which is the subject of the application is significant to the interests of this chapter, the Commission shall, within twenty-one (21) days of such hearing, issue or deny a permit for the work requested. If it issues a permit Page 83 2001 Annual Town Meeting Warrant with Finance Committee Motions after making such determination, the Commission shall impose such conditions as it determines are necessary or desirable for the protection of those interests, and all work shall be done in accordance with those conditions. If the Commission determines that the area which is the subject of the application is not significant to the interests protected by this chapter or that the proposed activity does not require the imposition of conditions, it shall issue a permit without conditions within twenty-one (21) days of the public hearing. Permits shall expire three (3) years from the date of issuance unless renewed prior to expiration. Permits may be extended for two (2) three (3) one-year periods. The Commission may determine by regulation standards for the granting or denial of an extension. ARTICLE 45 (Bylaw Amendment: Beaches, Regulation of Motor Vehicles on) To see if the Town will vote to amend chapter 56-7-A as to limit the availability of beach vehicle stickers exclusively to "owners, lessees, or lessors of four-wheel-drive motor vehicles” validly registered on Nantucket. (Scott Corry, et al) FINANCE COMMITTEE MOTION: Moved to refer the Article to the Traffic Congestion Work Group for further study. with a recommendation in the form of an Article for Town Meeting to be provided for the next Annual Town Meeting. FINANCE COMMITTEE COMMENT: During deliberations of its motions, the Finance Committee supported the concept of the Article but determined that further study is needed order to refine the article in a legal manner. ARTICLE 46 (Acceptance of Massachusetts General Law for Community Preservation Act) To see if the Town will vote to accept General Laws Chapter 44 §§3-7, known as the Community Preservation Act, which establishes a special “Community Preservation Fund” that may be appropriated and spent for certain open space, historic resources and affordable housing purposes, to approve a property tax surcharge in an amount not to exceed three per cent of the taxes assessed annually on real property which shall be dedicated to the fund, such surcharge to be imposed on taxes assessed for fiscal years beginning on or after July 1, 2001, and to exempt from the surcharge any or all of the following: (1) property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the community; (2) Class Three, Commercial, and Class Four, Industrial, property in any year the town adopts a higher tax rate for those classes; or (3) $100,000 of the assessed valuation of Class One, Residential, parcels, or take any other action relative thereto. (Board of Selectmen) Page 84 2001 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE MOTION: Moved that the provisions of General Laws Chapter 44 §§3-7 “Community Preservation Act” are hereby accepted with a surcharge on the property tax assessed in the amount of three per cent, and to exempt from the surcharge the following: property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the community. FINANCE COMMITTEE COMMENT: Whether or not a ballot question for the Community Preservation Act is approved at the 2001 Annual Town Election, this motion will be put forward for the 2002 Annual Town Election warrant. ARTICLE 47 (Bylaw Amendment: Community Preservation Committee) To see if the Town will vote to amend Chapter 11 (Committees) of the Code of the Town of Nantucket, as follows: Add a new Article VI to establish a Community Preservation Committee as follows: Article VI Community Preservation Committee § 11-21. Establishment; appointment; membership; terms. The Community Preservation Committee is established in accordance with Massachusetts General Law chapter 44B, §§3-7. The Committee shall consist of seven (7) members appointed by the Board of Selectmen. The members must include a designee from each of the following boards, commissions or authorities: the Conservation Commission; the Historic District Commission; the Planning Board; the Park and Recreation Commission; the Nantucket Housing Authority; the Board of Selectmen. There shall also be one (1) member-at-large from the community. Initial appointments shall be three (3) members for three-year terms; two (2) members for two-year terms; and two (2) members for one-year terms. Whenever needed, members shall be appointed by the Board of Selectmen to fill unexpired terms. § 11-22. Role. The Community Preservation Committee is responsible for evaluating the community preservation needs of the town and making recommendations to the Annual Town Meeting for funding community preservation acquisitions and initiatives. The Committee may propose appropriations or reservations from fund financing sources for specific projects or categories of projects. § 11-23. Annual needs study. The Committee must study the community preservation needs, possibilities and resources of the town consulting with various agencies, particularly those represented on the Committee. The Committee must hold at least one public informational hearing as part of the initial study and annual review process. Notice of the annual hearing must be posted at least two weeks before the hearing date and advertised in a local Page 85 2001 Annual Town Meeting Warrant with Finance Committee Motions newspaper of general circulation for each of the two weeks before the hearing date. Page 86 2001 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 11 (Committees) of the Code of the Town of Nantucket is hereby amended as follows: Add a new Article VI to establish a Community Preservation Committee as follows: Article VI Community Preservation Committee § 11-21. Establishment; membership; appointment; term. The Community Preservation Committee is established in accordance with Massachusetts General Law Chapter 44B, sections 3-7. The Committee shall consist of nine (9) members. The members shall include an appointed designee from each of the following boards, commissions or authorities: the Conservation Commission; the Historic District Commission; the Land Bank; the Planning Board; the Park and Recreation Commission; the Nantucket Housing Authority; the Board of Selectmen. The respective board, commission or authority shall appoint each designee and whenever necessary, fill un-expired terms. These members shall serve their initial appointments respective of the sequence they are listed above, as follows: three (3) members for three-year terms; two (2) members for two-year terms; and two (2) members for one-year terms; thereafter all appointments shall be for three-year terms. There shall also be two (2) members-at-large from the community. The Board of Selectmen shall appoint these members for one-year terms; thereafter these members shall be determined each third year through normal Town election and balloting procedures. Whenever necessary, these members-at-large shall be appointed by the Board of Selectmen to fill an un-expired term. § 11-22. Role. The Community Preservation Committee shall study the needs, possibilities and resources of the Town regarding community preservation. The Committee shall consult with various agencies, organizations and/or individuals, and particularly those represented on the Committee, in conducting such studies. The Committee shall make recommendations to Town Meeting for: the acquisition, creation and preservation of open space; for the acquisition and preservation of historic resources; for the acquisition, creation and preservation of land for recreational use; for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. With respect to community housing, the Committee shall recommend, whenever possible, the reuse of existing buildings or construction of new building on previously developed sites. The Committee shall make recommendations to Town Meeting for funding community preservation acquisitions, initiatives and administration. The Committee may propose appropriations or reservations from fund financing Page 87 2001 Annual Town Meeting Warrant with Finance Committee Motions sources for specific projects or categories of projects, or for other purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund. § 11-23. Annual Public Information Hearing. As part of its study, the Committee shall hold at least one public information hearing on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources of the Town. Notice of the annual hearing must be posted at least two weeks before the hearing date and advertised in a local newspaper of general circulation for each of the two weeks before the hearing date. ARTICLE 48 (Home Rule Petition: Nantucket Islands Land Bank Fee) To see if the Town will vote to request its representatives in the General Court to introduce legislation to amend the Nantucket Land Bank Act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen to make constructive changes in perfecting the language of the legislation in order to secure passage, such legislation to read substantially as follows: AN ACT DEFERRING OBLIGATIONS TO THE NANTUCKET ISLANDS LAND BANK FOR CERTAIN EMPLOYEE HOUSING Section 1. Section 12 of Chapter 669 of 1983, as amended by section 3 of Chapter 407 of the Acts of 1984, by sections 6, 7 and 8 of Chapter 666 of the Acts of 1987, and section 3 of Chapter 392 of the Acts of 1991, is hereby further amended by adding a new exemption subsection “(n)” as follows: “(n) transfers of property to a purchaser who records in the Registry of Deeds a covenant or other housing restriction in a form satisfactory to the Commission, that the subject property will be used for “employee housing” in which case the fee due on transfer pursuant to section 10 of Chapter 669 of the Acts of 1983 (as amended by section 4 of Chapter 666 of the Acts of 1987), shall be deferred until the time that such “employee housing” use has been discontinued. Thirty days after the discontinuance of the use of the property for “employee housing” the fee otherwise due at the time of the transfer pursuant to said section 10, shall become due and payable together with accumulated interest as computed in section 13 of Chapter 669 of the Acts of 1983. Once each calendar year, and at such time and upon such form as the Land Bank Commission shall determine, the purchaser of such real property for “employee housing purposes”, for whom the payment of the transfer fee established by this Act has been so deferred, shall provide a certification to the Commission that the property continues to be in use as “employee housing” in order to continue the deferral of payment of the transfer fee. For purposes of this subsection, “employee housing” shall mean a dwelling in which sleeping accommodations for more than five (5) persons are provided by one or more employers, with occupancy limited solely to employees of those employers who own or lease space in such housing together with their spouses, domestic partners, or Page 88 2001 Annual Town Meeting Warrant with Finance Committee Motions dependents of such employees.” Section 2. This Act shall take effect upon passage. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 49 (Home Rule Petition: Affordable Housing Covenants) To see if the Town will vote to request its representatives in the General Court to introduce legislation to authorize the Nantucket Housing Authority to establish and enforce Affordable Housing Covenants as set forth below and to authorize the General Court with approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of the legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO ESTABLISH NANTUCKET AFFORDABLE HOUSING COVENANTS Section 1. There is a housing crisis on Nantucket Island arising from the housing demand created by seasonal visitors purchasing or renting housing in competition with the demand created by seasonal employees which competition then adversely affects the ability of current or prospective residents to obtain housing. Section 2. Notwithstanding any provisions of general or special laws to the contrary, the Town of Nantucket is authorized to designate the Nantucket Housing Authority as the agency authorized to create, administer and enforce Nantucket Housing Needs Covenants. These Covenants shall run with the land for a specified number of years or if no termination date is specified, then in perpetuity and shall be executed by or on behalf of the owner of the land appropriate to (a) limiting the use of all or part of the land to occupancy by persons or families of low or moderate income in either rental or other housing or (b) restricting the resale price of all or part of the property in order to ensure its affordability by future low and moderate income purchasers or (c) in any way limiting or restricting the use or enjoyment of all or any portion of the land for the purpose of encouraging or ensuring the creation or retention of rental and other housing for occupancy by low and moderate income persons and families. Section 3. For purposes of this Act “ low and moderate income persons and households” shall mean persons or households earning less than 150% of Nantucket County median household income as reported from time to time by the United State Department of Housing and Urban Development. Section 4. This Act shall take effect upon its passage. Page 89 2001 Annual Town Meeting Warrant with Finance Committee Motions (Board of Selectmen for Nantucket Planning & Economic Development Commission) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby authorized to introduce legislation to authorize the Nantucket Housing Authority to establish and enforce Affordable Housing Covenants as set forth below and to authorize the General Court with approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of the legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO ESTABLISH NANTUCKET AFFORDABLE HOUSING COVENANTS Section 1. There is a housing crisis on Nantucket Island arising from the housing demand created by seasonal visitors purchasing or renting housing in competition with the demand created by seasonal employees which competition then adversely affects the ability of current or prospective residents to obtain housing. Section 2. Notwithstanding any provisions of general or special laws to the contrary, the Town of Nantucket is authorized to adopt bylaws to designate the Nantucket Housing Authority as the agency authorized to create, administer and enforce Nantucket Housing Needs Covenants. These Covenants shall run with the land for a specified number of years or if no termination date is specified, then in perpetuity and shall be executed by or on behalf of the owner of the land appropriate to (a) limiting the use of all or part of the land to occupancy by persons or families of low or moderate income in either rental or other housing or (b) restricting the resale price of all or part of the property in order to ensure its affordability by future low and moderate income purchasers or (c) in any way limiting or restricting the use or enjoyment of all or any portion of the land for the purpose of encouraging or ensuring the creation or retention of rental and other housing for occupancy by low and moderate income persons and families. Section 3. For purposes of this Act “ low and moderate income persons and households” shall mean persons or households earning less than 150% of Nantucket County median household income as reported from time to time by the United State Department of Housing and Urban Development. Section 4. This Act shall take effect upon its passage. ARTICLE 50 (Home Rule Petition: Limitations on Motor Vehicles) To see if the Town will vote to request its representatives in the General Court to Page 90 2001 Annual Town Meeting Warrant with Finance Committee Motions introduce legislation to create and implement limitations on motor vehicle as set forth below and to authorize the General Court with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of the legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO REGULATE MOTOR VEHICLES ON NANTUCKET ISLAND Section 1. The amount of traffic on Nantucket roads is reaching crisis proportions. Nantucket’s historic roads cannot adequately accommodate the number of motor vehicles that travel on them. Traffic congestion is threatening the unique ecological and historic qualities of the Island, on which Nantucket’s economic well-being depends. It is improbable that traffic congestion can be alleviated without establishing governmental limits on motor vehicles operating on Nantucket. Section 2. Notwithstanding any provisions of general or special laws to the contrary, the Town of Nantucket is authorized to adopt bylaws creating a motor vehicle permit program requiring permits to operate motor vehicles (including motorcycles and mopeds) on Nantucket and establishing a limit on the number of permits to be issued. Section 3. The Town is further authorized to issue permits to owners of motor vehicles (including motorcycles and mopeds) lawfully registered on Nantucket as of the date of passage of this legislation; issue additional permits each year by lottery or other equivalent system of allocation; establish a limit on the total number of permits issued, and establish a system by which motor vehicle permits may be transferred. Section 4. This Act shall take effect upon its passage. (Board of Selectmen for Traffic Congestion Plan Work Group) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation to create and implement limitations on motor vehicle as set forth below and to authorize the General Court with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of the legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO REGULATE MOTOR VEHICLES ON NANTUCKET ISLAND Section 1. The amount of traffic on Nantucket roads is reaching crisis proportions. Nantucket’s historic roads cannot adequately accommodate the number of motor vehicles that travel on them. Traffic congestion is threatening the unique ecological and historic qualities of the Island, on which Nantucket’s economic well-being depends. It is improbable that traffic congestion can be alleviated Page 91 2001 Annual Town Meeting Warrant with Finance Committee Motions without establishing governmental limits on motor vehicles operating on Nantucket. Page 92 2001 Annual Town Meeting Warrant with Finance Committee Motions Section 2. Notwithstanding any provisions of general or special laws to the contrary, the Town of Nantucket is authorized to adopt bylaws creating a motor vehicle permit program requiring permits to operate motor vehicles (including motorcycles and mopeds) on Nantucket and establishing a limit on the number of permits to be issued. Section 3. The Town is further authorized to issue permits to owners of motor vehicles (including motorcycles and mopeds) lawfully registered on Nantucket as of the date of passage of this legislation; issue additional permits each year by lottery or other equivalent system of allocation; establish a limit on the total number of permits issued, and establish a system by which motor vehicle permits may be transferred. Section 4. This Act shall take effect upon its passage. ARTICLE 51 (Home Rule Petition: Summer Special Police) To see if the Town will vote to instruct its representatives in the General Court to introduce legislation to exempt summer special police officers hired by the Town to serve during the summer season from the provisions of M.G.L. chapter 41, section 111F concerning leave with pay for certain incapacitated police officers as set forth below and to authorize the General Court with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO EXEMPT SUMMER SPECIAL POLICE OFFICERS ON NANTUCKET ISLAND FROM M.G.L. CHAPTER 41, SECTION 111F Section 1. Notwithstanding any contrary provision of the General Laws, summer special police officers hired by the Town of Nantucket to serve during the summer season are hereby exempted from the provisions of M.G.L. chapter 41, section 111F. As of the effective date of this Act, the provisions of M.G.L. chapter 41, section 111F shall not apply to such special police officers hired by the Town to serve during the summer season. Section 2. This Act shall take effect upon its passage. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the representatives of the Town of Nantucket in the General Court are hereby requested to introduce legislation to provide for the: appointment; qualifications; compensation; duties; status; retirement and pensions of special police officers hired by the Town to serve during the summer season as set forth below and to authorize the General Court Page 93 2001 Annual Town Meeting Warrant with Finance Committee Motions with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO PROVIDE FOR THE APPOINTMENT; QUALIFICATIONS; COMPENSATION; DUTIES; STATUS; RETIREMENT AND PENSIONS OF SUMMER SPECIAL POLICE OFFICERS ON NANTUCKET ISLAND Section 1. Notwithstanding any contrary provision of the General Laws, the Board of Selectmen of the Town of Nantucket may appoint as a Summer Special Police Officer, for the period of May 15 through September 30 any person who is determined by the Chief of Police to be of good character and meets the physical qualifications required of such Summer Special Police Officer position. Such appointment shall not be subject to the civil service law or rules; nor shall a Summer Special Police Officer so appointed be entitled to any benefits of such law or rules. A Summer Special Police Officer shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from his or her compensation for the purpose thereof. He or she shall be considered an employee of the Town for the purposes of workers' compensation. Such appointment may be terminated by the appointing authority at any time. A Summer Special Police Officer shall receive such compensation and such leave with pay as the Board of Selectmen shall determine. A Summer Special Police Officer shall perform limited police duties. He or she shall not be armed nor make regular police patrols in police vehicles. He or she shall be primarily assigned to traffic, parking, pedestrian and beach control duties. He or she shall also perform administrative duties such as taking police reports, answering phones and responding to minor complaints. Section 2. This Act shall take effect upon its passage. ARTICLE 52 (Home Rule Petition: Raising of Parking Fines) To see if the Town will vote to request its representatives in the General Court to introduce legislation to authorize the Town to raise the fines for parking violations as set forth below and to authorize the General Court with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO RAISE FINES FOR PARKING VIOLATIONS ON THE ISLAND OF NANTUCKET Page 94 2001 Annual Town Meeting Warrant with Finance Committee Motions Section 1. Notwithstanding any contrary provision of the General Laws, including without limitation the provisions of General Laws Chapter 90 Section 20A1/2, the Board of Selectmen of the Town of Nantucket is hereby authorized to establish by rule or regulation a schedule of fines for time restriction and other parking violations which fines shall not exceed fifty dollars, if paid within twenty-one days, sixty dollars if paid thereafter but before the parking clerk reports to the Registrar as provided in Chapter 90 Section 20A1/2, and seventy-five dollars if paid thereafter. The Board of Selectmen in its discretion, after a public hearing, may so establish a schedule of lesser amounts for said violations. Section 2. This Act shall take effect upon its passage. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to introduce legislation to authorize the Town to raise the fines for parking violations as set forth below and to authorize the General Court with the approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, such legislation to read substantially as follows: AN ACT TO RAISE FINES FOR PARKING VIOLATIONS ON THE ISLAND OF NANTUCKET Section 1. Notwithstanding any contrary provision of the General Laws, including without limitation the provisions of General Laws Chapter 90 Section 20A1/2, the Board of Selectmen of the Town of Nantucket is hereby authorized to establish by rule or regulation a schedule of fines for time restriction and other parking violations which fines shall not exceed fifty dollars, if paid within twenty-one days, sixty dollars if paid thereafter but before the parking clerk reports to the Registrar as provided in Chapter 90 Section 20A1/2, and seventy-five dollars if paid thereafter. The Board of Selectmen in its discretion, after a public hearing, may so establish a schedule of lesser amounts for said violations. Section 2. This Act shall take effect upon its passage. ARTICLE 53 (Home Rule Petition: Nantucket Housing Authority) To see if the Town will vote to request its representatives in the General Court to adopt a Special Act regulating the affairs of the Nantucket Housing Authority as set forth below and to authorize the General Court with approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, such legislation to read as follows: Page 95 2001 Annual Town Meeting Warrant with Finance Committee Motions AN ACT REGULATING THE AFFAIRS OF THE HOUSING AUTHORITY OF THE TOWN OF NANTUCKET 1. Notwithstanding the provisions of section 34 of chapter 121B of the General Laws or any other general or special law, rule or regulation to the contrary, the Housing Authority of the Town of Nantucket, in recognition of the benevolent purposes for which the Town of Nantucket originally voted to organize such Authority is authorized to sell, transfer, convey, develop, manage or lease certain land in said Town described in section 2 of this Act, or any portions thereof at the sole discretion of said Authority without the necessity of any approval, regulation, review or oversight of the Department of Housing and Community Development, nor shall said Authority be required to reimburse the Commonwealth for grants made to said Authority in 1985 for the construction of certain state-aided public housing in said Town. 2. The property to which section 1 applies is shown in the aggregate as lots 3 - 17 on a plan of land entitled “Plan of Land in Nantucket Island, Mass.” dated March 14, 1994, drawn by Charles W. Hart & Associates, Inc., recorded in the Nantucket Registry of Deeds in plan file 44-Y. 3. Nothing in this Act shall affect any deed restriction, reverter or other limitation otherwise arising in connection with the property described herein. 4. This Act shall take effect upon its passage. (Board of Selectmen for Nantucket Housing Authority) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court are hereby requested to adopt a Special Act regulating the affairs of the Nantucket Housing Authority as set forth below and to authorize the General Court with approval of the Board of Selectmen of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, such legislation to read as follows: AN ACT REGULATING THE AFFAIRS OF THE HOUSING AUTHORITY OF THE TOWN OF NANTUCKET 1. Notwithstanding the provisions of section 34 of chapter 121B of the General Laws or any other general or special law, rule or regulation to the contrary, the Housing Authority of the Town of Nantucket, in recognition of the benevolent purposes for which the Town of Nantucket originally voted to organize such Authority is authorized to sell, transfer, convey, develop, manage or lease certain land in said Town described in section 2 of this Act, or any portions thereof at the sole discretion of said Authority without the necessity of any approval, regulation, review or oversight of the Department of Housing and Community Development, nor shall said Authority be required to reimburse the Commonwealth for grants made to said Authority in 1985 for the construction of certain state-aided public housing in said Town. Page 96 2001 Annual Town Meeting Warrant with Finance Committee Motions 2. The property to which section 1 applies is shown in the aggregate as lots 3 - 17 on a plan of land entitled “Plan of Land in Nantucket Island, Mass.” dated March 14, 1994, drawn by Charles W. Hart & Associates, Inc., recorded in the Nantucket Registry of Deeds in plan file 44-Y. 3. Nothing in this Act shall affect any deed restriction, reverter or other limitation otherwise arising in connection with the property described herein. 4. This Act shall take effect upon its passage. ARTICLE 54 (Untreated Stormwater Discharge) To see if the town will vote to amend the Health Regulations of the Town of Nantucket by adding the following Chapter 33. 33.00 Regulation Prohibiting Untreated Discharge of Stormwater into Nantucket Island Waterbodies A. Purpose Untreated stormwater discharge carries pathogens, petrochemicals, metals, salts, volatile organic compounds, nutrients and sediments that can lead to shellfish bed closures and other problems. The purpose of this regulation is to prevent any new untreated stormwater discharges into coastal waters or wetlands of Nantucket Island and to reduce contamination from existing sources of runoff. 33.01 Definitions A. Discharge The term "discharge" means the accidental, negligent, or intentional spilling, leaking, pumping, pouring, emitting, emptying, dumping, or other disposing of untreated stormwater into island waterbodies. B. Person "Person" shall mean any individual, corporation, trust, partnership or association, or other entity. 33.02 Untreated Stormwater Discharge A. No person shall discharge any untreated stormwater into any stream, creek, waterway, estuary, harbor, beach, pond, or watershed in the Town of Nantucket. Design performance standards for new or retrofitted stormwater discharge systems must comply with current MCZM Coastal Pollution Remediation (CPR) and/or EPA's Best Management Practices for coastal stormwater discharge. 33.03 Penalty A. Any person violating this regulation shall be punished by a fine of not more than Page 97 2001 Annual Town Meeting Warrant with Finance Committee Motions $500.00 for each offense. Revenues generated by fines shall be placed into a Town of Nantucket Stormwater Remediation Fund and to be used for design and implementation of new or retrofitted stormwater discharge systems as specified in Section 33.02-A. (Philip Austin, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 55 (Chemical Pesticides) To see if the town will vote to amend the Health Regulations of the Town of Nantucket by adding the following Chapter 68. 68.0 Chemical Pesticides Background Chemical pesticides have been linked to a variety of human health problems, most notably in younger children, who have less mature metabolic pathways and immune systems which renders them more susceptible to toxic exposure. Chemical pesticides have also been linked to health degradation of waterbodies, equatic vegetation, shellfish, domestic animals, and waterfowls and aquatic invertibrates. 68.1 Purpose and Intent It is the purpose of this regulation to protect and preserve the long-term health, safety, and welfare of human, animal, shellfish, ground and surface water resources, and plant life by defining chemical pesticides as hazardous materials and regulating their use on the delineated environmental resource area known as Nantucket Island. 68.2 Definitions A. Pesticide The term "pesticide" means any federally regulated or unregulated poison used to eliminate pests and target "nuisance" plant species. They include, but are not limited to: insecticides, herbicides, fungicides, rodenticides, bacterial disinfectants, chemically or synthetically altered fertilizers. B. Person "Person" shall mean any individual, corporation, trust, partnership, or association, or other entity. 68.3 Chemical Pesticides 1. No person shall sell, store, or apply any chemical pesticide, retroactive one year after passage of this regulation, to allow for industry reeducation and retail inventory depletion, unless The Nantucket Board of Health, and/or the State of Massachusetts determines and/or requires, that its use is in the interest of public health and/or safety. Page 98 2001 Annual Town Meeting Warrant with Finance Committee Motions 68.4 Penalty A. Any person violating this regulation shall be punished by a fine of not more than $300.00 for each offense. (Philip Austin, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 56 (Acceptance of Massachusetts General Law Relating to Excise Tax on Aircraft Fuel) To see if the Town will vote to accept the provisions of Chapter 64J of the General Laws relating to the taxation of fuels used in the propulsion of aircraft, which in Section 13 of said Chapter 64J reads in part as follows: " The provisions of [Chapter 64J] relative to the imposition, payment, collection and distribution of an excise tax on the sale or use of aircraft fuel shall apply in a city after acceptance... by a majority vote of the annual town meeting or a special meeting called for the purpose, in the case of a municipality with a town meting form of government... The provision of this chapter, shall take effect on the first day of the calendar quarter following thirty days after such acceptance, or on the first day of such later calendar quarter as the city or town may designate." Proponent's Comment (Not intended to be enacted with this article): Acceptance of this statute, which was enacted in 1985 for the benefit of towns or cities with airports that sold and used aviation fuel, would allow the Town to tax airplane fuel at Nantucket Memorial Airport. The Town would have sole authority to appropriate such collected revenues for purposes it deems appropriate, such as public transportation, public safety, affordable housing programs or any other purpose in the general interest of the town. (Julie Young, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 57 (Underground Wire Burial Agreement) To see if the Town will vote to request the Board of Selectmen to enter into new underground wire burial agreements with the Nantucket Electric Company, Verizon, MediaOne Cable and any other utility, pursuant to which the Planning Board will supervise the utilities as they coordinate the underground burial of wires in the Nantucket Town Old Historic District and the Village of Siasconset. Comment: This article is intended to provide a sense of the Town Meeting regarding the continued use of a state statute and a Town Article enacted in 1983. In 1985 the Town entered an agreement with the Nantucket Electric Company pursuant to which the company collected a 2% surcharge on electric bills for a limited period of time and used the funds to pay for the underground burial of electric wires in part of the Old Page 99 2001 Annual Town Meeting Warrant with Finance Committee Motions Historic District. Through inattention this agreement was allowed to lapse in 1995, before wires were completely buried in Nantucket Town and in Siasconset. Recent injury to persons and property, as well as the proliferation of new utility wires and the negative effect of visible wires on the old historic district indicate that new agreements should be instituted, especially coordinating the various utilities, to insure that all utilities participate in the underground burial program. The Planning Board should closely supervise those agreements. (Patricia A. Butler, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: While the Finance Committee supports the general intent of the Article, the mechanism to require the burial of underground wires is already in place and the Committee encourages the Planning Board and/or Board of Selectmen to take whatever action is necessary to facilitate burial of underground wires. ARTICLE 58 (Public Hearing Requirement for Committee Appointments) To see if the town will vote to instruct the Selectmen to hold a public hearing approximately 30 days prior to date on which the Board of Selectmen will designate applicants from the general public to hold office in such town boards and commissions, which are specifically appointed by the Board of Selectmen. During this public hearing all members of the general public who have applied to Board of Selectmen for these positions will be required to be present at this meeting as well, to one of which purposes whereby they will be able to be answer questions by either those present or answer questions submitted in writing to the Board of Selectmen. (Barry G. Rector, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 59 (Dedication of Land for Harbor Access/Madaket) To see if the Town will vote to dedicate for harbor access purposes in perpetuity, all of the land described as being shown on assessor's map 60.2.4 as parcels 60,61,62 and the land shown on assessor's map 60 as parcel 97, described in certificate of title #2697 filed at the Nantucket Registry of Deeds. Said land to be managed by the Nantucket Marine and Coastal Resources Department. (Thomas B. Erichsen, et al) FINANCE COMMITTEE MOTION: Moved that land described as Assessor's Map 60.2.4, Parcels 60, 61, 62 and Assessor's Map 60, Parcel 97, described in certificate of title #2697 filed at the Nantucket Registry of Deeds be dedicated for open space and recreation purposes. Page 100 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 60 (Real Estate Acquisition: Land near Airport) To see if the Town will vote to authorize the Board of Selectmen to acquire, by purchase, gift, eminent domain, or otherwise, for general municipal purposes, a certain parcel of land off Old South Road and further described as Assessor’s Map 69, Parcel 6 containing approximately three (3) acres; and, to raise, appropriate, borrow pursuant to any applicable statutes or transfer from available funds, a sum of money for the foregoing purpose; and to take such other actions as may be appropriate with respect thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to acquire, by purchase, gift, eminent domain, or otherwise, for general municipal purposes, a certain parcel of land off Old South Road and further described as Assessor’s Map 69, Parcel 6 containing approximately three (3) acres. ARTICLE 61 (Real Estate Disposition: Long-term Lease Authorization/Land Near Airport) To see if the Town will vote to authorize the Board of Selectmen to lease for a period of twenty-five (25) years the Town-owned parcel of land described as Assessor’s Map 69, Parcel 6, which lease would require that the land be used to provide a facility(s) for the Veterans’ of Foreign Wars; and to take such other action as may be appropriate with respect thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on this Article. FINANCE COMMITTEE COMMENT: A lease currently exists with the Veterans’ of Foreign Wars; therefore, a long-term lease is not necessary. ARTICLE 62 (Long-Term Lease Authorization: Land for Recreational Purposes) To see if the Town will vote to authorize the Board of Selectmen to lease for a period of thirty (30) years, land comprising approximately 120 acres and more particularly described as Assessor’s Map 69, Parcel 6 and Map 78, Parcels 4, 5 and 6, when and if the land is transferred from the County to the Town, which lease would require that the land be used for such recreational purposes as the Board of Selectmen may determine to be in the public interest; and, further to take such other action as may be appropriate with respect thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 101 2001 Annual Town Meeting Warrant with Finance Committee Motions FINANCE COMMITTEE COMMENT: The Town of Nantucket should ensure clear title to this property prior to consideration of this Article. ARTICLE 63 (Real Estate Disposition: Long-term Lease Authorization/School) To see if the Town will vote to authorize the Board of Selectmen, upon request from the School Committee, to lease for a period of twenty-five (25) years the Town-owned parcel of land as shown on a plan entitled “Plan of Land in Nantucket, Mass.”, by Nantucket Surveyors, Inc., dated December 19, 1997, and described as follows: • Lot K, containing 35,940 square feet of land, and, • Lot C, containing 4,833 square feet of land. Further described as Assessor’s Map 55, Parcels 614 and 613; which lease would require that the land be used to provide interim housing for School Department employees together with spouses, domestic partners or dependents; and to take such other action as may be appropriate with respect thereto. (Board of Selectmen for School Committee) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized, upon request from the School Committee, to lease for a term not exceeding thirty (30) years the Town-owned parcel of land as shown on a plan entitled “Plan of Land in Nantucket, Mass.”, by Nantucket Surveyors, Inc., dated December 19, 1997, and described as follows: • Lot K, containing 35,940 square feet of land, and, • Lot C, containing 4,833 square feet of land. Further described as Assessor’s Map 55, Parcels 614 and 613; which lease would require that the land be used to provide interim housing for School Department employees together with spouses, domestic partners or dependents. ARTICLE 64 (Real Estate Acquisition: Owner’s Unknown Parcels) To see if the Town will vote to authorize the Board of Selectmen to acquire, by purchase, gift, eminent domain, or otherwise, for open space and recreational purposes, the following parcel of land: 3 Cato Lane, Assessor’s Map 55, Parcel 313, containing approximately 4,500 square feet; and, to raise, appropriate, borrow pursuant to any applicable statutes or transfer from available funds, a sum of money for the foregoing purpose; and to take such other actions as may be appropriate with respect thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is Page 102 2001 Annual Town Meeting Warrant with Finance Committee Motions authorized to acquire, by purchase, gift, eminent domain, or otherwise, for open space and recreational purposes, the following parcel of land: 3 Cato Lane, Assessor’s Map 55, Parcel 313, containing approximately 4,500 square feet. ARTICLE 65 (Real Estate Conveyance: Easement/Landfill) To see if the Town will vote to authorize the Board of Selectmen to grant an easement to Nantucket Electric Company over land located at the Town landfill (Assessor’s Map 39, Parcel 14) and described in more detail as Lot 6 on Land Court Plan 35656-C filed in the Nantucket Registry District of the Land Court with Certificate of Title 10145, for the purposes of constructing and maintaining transformers and other equipment to deliver power to the landfill, particularly for the development and operation of the construction and demolition debris facility at the site; and, to take any other actions as may be appropriate with respect thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to grant an easement to Nantucket Electric Company over land located at the Town landfill (Assessor’s Map 39, Parcel 14) and described in more detail as Lot 6 on Land Court Plan 35656-C filed in the Nantucket Registry District of the Land Court with Certificate of Title 10145, for the purposes of constructing and maintaining transformers and other equipment to deliver power to the landfill, particularly for the development and operation of the construction and demolition debris facility at the site; and, to execute any other documents, deeds or contracts necessary to carry out the foregoing. ARTICLE 66 (Real Estate Conveyance: Easement) To see if the Town will vote to authorize the Board of Selectmen to grant to Nantucket Electric Company, an easement across a portion of land located at 45 Okorwaw Street (Assessor’s Map 79, Parcel 150); 47 Okorwaw Street (Assessor’s Map 79, Parcel 149) and 49 Okorwaw Street (Assessor’s Map 79, Parcel 114) for the purpose of providing electric service to these properties and the surrounding area; and, to take any other actions as may be appropriate with respect thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is authorized to grant to Nantucket Electric Company, an easement across a portion of land located at 45 Okorwaw Street (Assessor’s Map 79, Parcel 150); 47 Okorwaw Street (Assessor’s Map 79, Parcel 149) and 49 Okorwaw Street (Assessor’s Map 79, Parcel 114) for the purpose of providing electric service to these properties and the surrounding area. Page 103 2001 Annual Town Meeting Warrant with Finance Committee Motions ARTICLE 67 (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 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 2002 tax levy. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on this Article. ARTICLE 68 (Appropriation: Free Cash) To see what sum the Town will vote to transfer from Free Cash in the treasury to meet the appropriations for the ensuing Fiscal Year and to authorize the Assessors to use in fixing the tax rate, pass any vote, or take any action relative thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be transferred from Free Cash to meet appropriations for FY 2002. Town of Nantucket 16 Broad Street Nantucket, MA 02554 Postal Patron Nantucket, MA 025_____ Bulk Rate Permit #37 Nantucket, MA